Planning agreements

PA reference number

PA-23/395

DA reference number

DA-2021/95

Description of development

Integrated development – Demolition of existing structures and construction of a part 2
and part 3 storey residential aged care facility comprising of 112 rooms (115 beds),
basement level parking, front fencing and signage. 

Description of PA

The objective of the Planning Agreement is to provide the following public benefit
outcomes:

• $527,000 Monetary Contribution to Council for public purposes relating to the upgrading and/or embellishment of open space, recreation and/or public infrastructure in Monterey.
• Bayside Council may apply the Contribution towards a public purpose other than the purpose specified in this Agreement if Council considers that the public interest would be better served by applying the Contribution towards that other public purpose. 

Date PA executed

19/09/2023

Name of parties

Bayside Council

Sydney Eastern City Planning Panel

Monterey Equity Pty Ltd (Developer)

Land to which PA applies

Lot 2 DP857520

Documents

Planning agreement

PA reference number

PA-F22/354

DA reference number

DA-2019/385

Description of development

Construction of a building for student accommodation ranging between seven (7) to twelve (12) storeys in height, and including four hundred and thirty-five (435) bedrooms and associated landscaping

Description of PA

The objective of this Planning Agreement is to provide a $5,800,000 Monetary Contribution to Council to go towards public purpose works, relating to open space and/or recreation in the Mascot Station Precinct.

Council may apply the Contribution towards any other public purpose which satisfies section 7.4(2) of the Act, other than the Public Purpose, if the Council reasonably considers that the public interest would be better served by applying the Contribution towards that other public purpose.

Date PA executed

01/09/2022

Name of parties

01/09/2022 Executed Planning Agreement:

Bayside Council (Council)

IGLU No. 211 Pty Ltd (Developer)

Sydney Eastern City Planning Panel (Panel)

Land to which PA applies

Lot 2 in DP 547700 (known as 13B Church Avenue, Mascot NSW 2020)

Lot 8 in DP 939729 (known as 6 John Street, Mascot NSW 2020) 

Lot 9 in DP 939729 (known as 8 John Street, Mascot NSW 2020)

Documents

Planning agreement signed by Council (PDF 4.3MB)

Planning agreement signed by Developers (PDF 4.6MB)

Planning agreement signed by Panel (PDF 738KB)

PA reference number

PA-F20/162

DA reference number

DA-2019/403

Description of development

Continue operation of existing LED advertising signage structure

Description of PA

The objective of this Advertising and Signage Planning Agreement is to provide the following public benefit contributions:

i. $51,368 +CPI (Period: 12/2/19 - 26/4/21)

ii. $28,560 +CPI, (Period: 27/4/21 - 26/4/22)

iii. $28,560 +CPI (Period: 27/4/22 - 26/4/23)

iv. $28,560 +CPI (per annum, 5-year term, 3 years remaining)

Date PA executed

07/07/2022

Name of parties

07/07/2022 Executed Planning Agreement:

Bayside Council (Council)

Isak Investments Pty Ltd (Developer)

Land to which PA applies

PT 1 DP 1190559

Documents

Planning agreement signed by Council (PDF 1.3MB)

Planning agreement signed by Developers (PDF 6.2MB)

PA reference number

PA-F19/680

DA reference number

DA-2019/319

Description of development

Removal of existing non illuminated advertising sign and erection of a new digital illuminated advertising sign

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:

i. Annual Monetary Contribution for the duration of the Term of $22,166.70 + CPI

ii. 5% of the annual display time allocated to Council to advertise Council events and community information

Date PA executed

13/01/2022

Name of parties

13/01/2022 Executed Planning Agreement:

Bayside Council (Council)

Bishopp Outdoor Advertising Pty Ltd (Developer)

Geoffrey William Keato (Land Owner #1)

Arthur Leslie Robinson (Land Owner #2)

Land to which PA applies

Lot 1 DP777200

Documents

Planning agreement signed by Council (PDF 502KB)

Planning agreement signed by Developers (PDF 1.6MB)

The objective of the Planning Agreement is to provide the following public benefit outcomes:

i.    Dedication of 45 Affordable Housing Units (AHU’s), with a total of 100 bedrooms.
ii.    Embellishment and dedication to Council of no less than 16,995 sqm of public open space and embellishment and public access easement over no less than 3,131 sqm of publicly accessible open space.
iii.    Dedication of public roads.
iv.    Monetary contribution of $23,900,000 (GST exclusive), over three payments.
v.    Monetary contribution that was part of the BATA I Planning Agreement but was not realised due to the development payment trigger being deferred to the BATA II development which consists of $2,478,000 indexed in accordance with CPI from 2 March 2018.
vi.    Payment of equivalent local Infrastructure contributions (s7.11)

14/6/2023

The Developer and Bayside Council have agreed to minor amendments to the Planning Agreement, facilitating a change in future land tenure over the lot Open Space 01 (OS1 land), without comprising public benefits of the Developer’s obligations under the VPA.

The VPA requires the OS1 land to be dedicated to Bayside Council.

The slight amendment will permit OS1 land to be combined with the adjoining development Lot A. 

The easement terms under Schedule 7 of the VPA state the OS1 land will remain as open space and a public access easement will be applied over that part of the site to ensure the right of the public to use the land for access, leisure, and recreation purposes. 

This ensures the public maintains the same level of benefit, but reduces the future management and maintenance burden for Bayside Council.

Date: 13/12/24

The Developer and Council have agreed to minor amendments to the Planning Agreement to facilitate a
change in future land tenure over the lot identified as Open Space 02 (OS2 land), Open Space 06 (OS6 land) and Open Space 07 (OS7 land) without compromising the public benefits of the Developer’s obligations under the VPA. The VPA requires the OS2, OS6, OS7 and OS8 land to be dedicated to the Council.

The slight amendment will permit the following:

1. OS2 land to be combined with the adjoining development Lot D
2. Part of OS6 land to be combined with the adjoining development Lot J
3. Part of OS7 land to be combined with the adjoining development Lot F

The affected OS2, OS6 and OS7 land will still be embellished as open space and a public access easement will be applied over that part of the site to ensure the enduring right of the public to use this area for access, leisure and recreation purposes in accordance with the agreed easement terms under Schedule 7 of the VPA.

This ensures the public maintains the same level of benefit but reduces the future management and
maintenance burden for the Council.
 

28/10/2021 Executed Planning Agreement:

Bayside Council (Council)

Karimbla Properties (No. 39)  Pty Ltd (Developer)

Meriton Properties Pty Ltd (Guarantor)

Lot 1  DP1187426

Lot 24 DP1242288

Lot 100 DP 1250842

Planning agreement - October 2021

VPA amended planning agreement - June 2023

PA reference number

PA-F20/165

DA reference number

MP09_0146

Description of development

Former PART3A assessment repealed by State Significant Development (SSD) and State Significant Infrastructure (SSI) assessment systems, which commenced on 01/10/2011.

MP09_0146 was granted Project Approval on 19/09/2013 by the Planning Assessment Commission for a mixed use development incorporating basement car parking, ground floor retail area, and residential development above, communal open space, public domain landscaping and associated infrastructure works.

MP09_0146 has since been modified:
MOD 1 - Design Changes approved 26/06/2018
MOD 2 - Construction Vehicles approved 19/12/2017
MOD3 - Tree Removal approved 14/03/2018
MOD4 - Further Design Changes approved 18/06/2020
MOD5 - Eastlakes Shopping Centre Modification 5 approved 09/02/2021

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:

i. The Developer and the Landowners to make a $1,550,000 staged Monetary Contributions to Council to be applied towards upgrades to or establishment of new community facilities or public spaces within a 2km radius of the Land at the discretion of the Council.

ii. The Developer and the Landowners to make a $3,000,000 staged Monetary Contributions to Council to be applied towards Affordable Housing at the discretion of the Council.

iii. Requires the Developer to carry out road upgrades being a roundabout between Evans Avenue and Racecourse Avenue, Eastlakes

Date PA executed

30/06/2021

Name of parties

30/06/2021 Executed Planning Agreement:

Bayside Council (Council)

Crown Eastlakes Developments Pty Ltd (Developer)

Crown Eastlakes Pty Ltd (Landowner)

Stateland East Pty Ltd (Landowner)

Stateland BKK Pty Ltd (Landowner)

Land to which PA applies

Lot 30 DP1246820

Documents

Planning agreement signed by Council (PDF 8.3MB)

Planning agreement signed by Developers (PDF 2.3MB)

PA reference number

PA-F20/705

DA reference number

DA-2019/398

Description of development

Staged development for demolition of the existing structures and construction of a mixed-use development comprising three (3) commercial tenancies, rooftop terrace, forty three (43) residential units and basement car parking.

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:

Dedication of 250 sqm of land, free of cost to Council as shown on the Land Reservation Acquisition Map - Sheet LRA_006 of the Bayside Local Environmental Plan (LEP) 2021 for the purpose of a future north - south laneway.

Date PA executed

3/03/2021

Name of parties

03/03/2021 Executed Planning Agreement:

Bayside Council (Council)

Eastern Pacific Design Construct Pty Ltd (Developer)

Tascam Pty Ltd (Owner One)

Rocky Point Road Development Pty Ltd (Owner Two)

Land to which PA applies

Lot 31 DP2032
Lot 32 DP2032
Lot 33 DP2032
Lot 34 DP2032

Documents

Planning agreement signed by Council (PDF 6.1MB)

Planning agreement signed by Developers (PDF 6.2MB)

PA reference number

PA-F19/481

DA reference number

DA-2021/95

Description of development

On 10 August 2017, the Developer lodged the Planning Proposal with Council, which sought to rezone the land from RE2 Private Recreation to R3 Medium Density Residential, introduce a maximum Floor Space Ratio (FSR) of 0.6:1, introduce a maximum height of building of 8.5m, and introduce a minimum lot size of 450 sqm.

On 29th of May 2019, the NSW Department of Planning & Environment issued a Gateway determination.

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:

i. $750,000 Monetary Contribution to Council to go towards public purpose works, being the improvement of active transport links and improvement and/or development of new play spaces and recreational facilities across Monterey, including the foreshore along the Grande Parade and Scarborough Park.

Council may apply the Contribution towards any other public purpose which satisfies section 7.4(2) of the Act, other than the Public Purpose, if the Council reasonably considers that the public interest would be better served by applying the Contribution towards that other public purpose.

Date PA executed

27/11/2020

Name of parties

27/11/2020 Executed Planning Agreement:

Bayside Council (Council)

Monterey Equity Pty Ltd (Developer)

Land to which PA applies

Lot 2 DP857520

Documents

DA-14(146)

DA-2017/1220

DA-2018/1187

The objective of the Planning Agreement is to provide the following public benefit outcomes:

- Construction and dedication free of cost to Council a 90 space public carpark (now Lot 10 DP1267730)

- Registration of a Vehicular Access Easement to permit vehicle access to and from the 90 space public carpark

- Construction and embellishment of the Public Access Link (1386 sqm) in accordance with Development Consent (now Lot 13 DP1267730)

- Registration of a Public Access Easement to permit pedestrian access over and across the Public Access Link.

24/07/2019 Executed Planning Agreement:

Bayside Council (Council)

Karimbla Properties (No. 54) Pty Ltd (Developer)

Meriton Properties Pty Ltd (Guarantor)

PA reference number

PA-F18/1156

DA reference number

DA-2017/373

Description of development

Demolition of existing structures and construction of a mixed use development comprising of a ground tenancy, a rooftop terrace, five levels of residential units and basement car parking.

Description of PA

The objective of the Planning Agreement is to provide a public benefit outcome in the form of stratum dedication of a portion of the Land to Council, to provide public domain improvements in the form of public footpath works, and to widen Albyn Lane adjoining the Land, to an appropriate standard sufficient for public use, (including use by heavy vehicles) and the construction of these works.

Date PA executed

27/03/2019

Name of parties

27/03/2019 Executed Planning Agreement:

Bayside Council (Council)

CPD018 Pty Ltd (Developer)

Land to which PA applies

Lot B DP321614

Lot 15 DP15198

Documents

PA reference number

PA-F18/1155

DA reference number

DA-2017/1140
DA-2017/1141
DA-2017/1142
DA-2018/1135
DA-2018/1183

Description of development

The Developer is the operator of the Existing Signage situated on the Land and has lodged the Current Development Applications and proposes to lodge Future Applications to develop Digital Signage on the Land.

Description of PA

State Environmental Planning Policy No. 64 (Advertising and Signage) (SEPP64) Planning Agreement with the objective of providing Public Benefit monetary contributions to Council, on a sign by sign basis, in connection with the display of the advertisements in relation to the Current Development Applications and the Future Applications to be used by Council towards Public Purpose transport and traffic matters.

Date PA executed

20/03/2019

Name of parties

20/03/2019 Executed Planning Agreement:

Bayside Council (Council)

oOh!media Fly Pty Ltd (Developer)

Land to which PA applies

Lot 54 DP1097375

Lot 52 DP1097377

Lot 401 DP1215182

Lot 58 DP648872

Lot 201 DP777213

Lot 57 DP648872

Lot 9 DP747022

Lot 11 DP213317

Documents

PA reference number

PA-F18/1187

DA reference number

DA-2017/1126

Description of development

Demolition of the existing factory buildings, construction of a new 2-storey building, comprising twenty-six (26) warehouse units in a 2-storey mixed use development

Description of PA

The objective of the Planning Agreement is to provide a proportionate monetary contribution of $70,000 to be used by Council towards the upgrade of the area’s access to Wentworth Avenue.

Date PA executed

21/12/2018

Name of parties

21/12/2018 Executed Planning Agreement:

Bayside Council (Council)

Leda Holdings Pty Ltd (Developer)

Land to which PA applies

Lot 471 DP752015

Documents

PA reference number

PA-F15/224

DA reference number

Awaiting DA

Description of development

Planning Proposal seeking to amend planning controls to increase the maximum Height of Building from 22m to 28m. The amendment was published on the NSW Legislation website on 19 July 2019 and became effective from that date.

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:

i. Dedication land (approximately 342 sqm in stratum) to Council for the provision of proposed new public carparking and a section of proposed future pedestrian connection between Hesten Lane and Waltz Street, Rockdale

ii. Design and construct the extension of Heston Lane over the dedicated land and the construction of a perpendicular lined marked car parking area comprising of at least 8 spaces on the dedicated land, as well as associated ancillary works such as retaining walls, soft landscaping, lighting and signage and dedication of land for provision of proposed new public carparking and a proposed future pedestrian connection; and

iii. If the Development is between 9,393 sqm and 10,299 sqm of Gross Floor Area (GFA), the estimated value of the Works and other contributions under the Planning Agreement is $900,000. If the Development is equal to or over 10,300 sqm  of Gross Floor Area (GFA), the estimated value of the Works and other contributions under the Planning Agreement is $1,799,000.

iv. if the Development is equal to or over 10,300 sqm of Gross Floor Area (GFA), carry out streetscape improvement works and footpath improvement works for the Public Purpose of providing public amenities.

Date PA executed

26/11/2018

Name of parties

26/11/2018 Executed Planning Agreement:

Bayside Council (Council)

Zoe Holdings Rockdale Pty Ltd (Developer)

Land to which PA applies

Lot 101 DP771165

Lot 3 DP82942

Lot 1 DP455421

Lot 1 DP912313

Documents

PA reference number

PA-F16/864

DA reference number

DA-2016/241

Description of development

Construction of a mixed use development comprising of 3 x 12 storey buildings with 365 residential apartments, 6 commercial premises, communal roof top open space, associated basement parking, public carpark, public domain works, stratum subdivision and demolition of existing structures.

Description of PA

The objectives of the Planning Agreement are to secure the provision, by the Developer and the Landowner, of the monetary, works and land dedication contributions listed below.

The Developer agrees to provide Development Contribution at no cost to Council the following:

a) Construction of the car park;
b) Construction of the Public Domain Works Stage 1 and 2;
c) Dedicating to Council the Road Widening Land - Bay Street and the
d) Road Widening Land - Chapel Street;
e) The creation of the Public Car Parking Easement Rights (43 spaces);
f) The creation of the Public Access Link; and
g) The creation of the Access Easement to adjacent development (Lot 1 DP930952 (13 Bay Street, Rockdale)

Date PA executed

17/07/2018

Name of parties

17/07/2018 Executed Planning Agreement:

Bayside Council (Council)

Combined Projects (Rockdale) Pty Ltd (Developer)

30/07/2020 Amendment via counterpart:

28/07/2020
Bayside Council (Council)

30/07/2020
Combined Projects (Rockdale) Pty Ltd (Developer)

Land to which PA applies

Area A:
Lot 3 DP13570
Lot 4 DP13570
Lot 5 DP13570
Lot D DP420619
Lot 61 DP703624
Lot 2 DP1027204

Area B:
Lot 1 DP 551369
Lot 2 OP 551369
Lot 1 DP 309448
Lot 2 DP 309448
Lot 1 DP 450104

Area C:
Lot 1 DP 79509
Lot 1 DP 522410
Lot 2 DP 522410
Lot 19 DP 59816
Lot 1 DP 84102
Lot 2 DP 450104

Documents

Planning agreement (PDF 2.6MB)

Planning agreement amendment  (PDF 2.4MB)

PA reference number

PA-F14/410

DA reference number

Awaiting DA

Description of development

The Land was subsequently included as a part of the Rockdale Town Centre Planning Proposal 2011 (RTCPP) submitted to the Department of Planning and Environment (Department). The RTCPP in summary sought flexibility for redevelopment by amending the Rockdale Local Environmental Plan 2011 (RLEP2011) by increasing the maximum building height controls, removing the maximum FSR controls, permitting additional building height for larger development sites, rezoning land and facilitating the provision of new public open space and introduced performance criteria.

On 5 November 2013, the Department made a gateway determination in relation to the RTCPP. On 15 October 2014, the RTCPP was deferred in respect to the Land.
The gateway determination in relation to the RTCPP was revised on 6 May 2015.

The Developer has sought changes to the LEP with respect to the Land as provided for in the Planning Proposal dated 7 May 2015 with respect to the Land (Planning Proposal). 
The Planning Proposal seeks to increase the height limit for the Land under the LEP to 47.15 m from the current 22 m. The maximum height allowable on the subject land would be 47.15m comprising a maximum building height of 22m combined with a 25.15m height incentive where the land met the minimum lot size of 9,000sq.m. 

The amendment was published on the NSW Legislation website on 4 May 2018 and became effective from that date (RLEP 2011 Amendment No 18)

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:

i. Establishment of North Park: Demolition of the existing buildings and structures and the construction of North Park on the Council Land, which will remain owned by the Council and used for the benefit of the Bayside Community;
ii. Establishment of Central Park: Demolition of the existing buildings and structures and the construction of Central Park which will remain owned by the Developer and then an Owners Corporation, with the provision of rights of access and use to Central Park in perpetuity for the benefit of the Bayside Community;
iii. Construction of the Canal Walkway: Demolition of the existing buildings and structures and the construction of the Canal Walkway which will remain owned by the Developer and then an Owners Corporation, with the provision of rights of access and use to Canal Walkway in perpetuity for the benefit of the Bayside Community;
iv. 4 Green Star Rating: That the development on the Land and the Council Land be constructed so as to achieve an improved environmental outcome from the mandatory BASIX rating to a 4 Green Star Rating.
v. The provision of a $1,780,000 Monetary Contribution to Council to be applied towards the provision of public amenities or public services in the Rockdale Town Centre.

Date PA executed

6/06/2018

Name of parties

06/06/2018 Executed Planning Agreement:

Bayside Council (Council)

Janside Pty Ltd (Developer)

Land to which PA applies

Lot 593 DP1043957

Lot 8 DP14632

Lot 6 DP361824

Lot 7 DP361824

Documents

Planning agreement signed by Council (PDF 3.4MB)

Planning agreement signed by Developers (PDF 3.5MB)

PA reference number

PA-F16/1040

DA reference number

DA-2017/606

DA-2020/232

Description of development

Planning Proposal seeking:
i. Amendment of the maximum building height from 14.5 metres to 17.75 metres
ii. Amendment of the Floor Space Ratio (FSR) from 1:1 to 1.65:1

The amendment was published on the NSW Legislation website on 4 May 2018 and became effective from that date (RLEP 2011 Amendment No 18)

DA-2017/606 Integrated Development - Demolition of all buildings and structures on site and construction of a five (5) storey Residential Flat Building (RFB) comprised of 36 apartments; two levels of basement parking; front fence and landscaping.

DA-2020/232 Waradiel Creek Works. Integrated Development - Installation of a pump and pipes in Waradiel Creek improving water quality, and construction of a new cycle path and revegetation on the creek banks.

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:

i. $410,000 Monetary contribution to Council to go towards works within Peter Depena Reserve being Master Planning of the Beach Hut & Surrounds ($70,000) and upgrades to Peter Depena Reserve ($340,000)

ii. Dedicate the Public Path Land to the Council free of cost for the purpose of a public path / cycleway

iii. Developer to carry out all works (valued at $311,520 (Inc GST)) subject to DA-2020/232

Date PA executed

4/05/2018

Name of parties

04/05/2018 Executed Planning Agreement:

Bayside Council (Council)

War Widows' Guild of Australia NSW Ltd (Developer)

Helm No. 10 Pty Ltd (Caveator under caveat AN45735)

16/4/2021 Amendment:

Bayside Council (Council)

Helm No. 10 Pty Ltd (Developer)

Land to which PA applies

Lot 80 DP2237

Lot 81 DP2237

Lot 82 DP2237

Lot 83 DP2237

Lot 1 DP1245454

Documents

Planning agreement (PDF 8.3MB)

Planning agreement amendment (PDF 12.2MB)

PA reference number

PA-F17/32

DA reference number

Awaiting DA

Description of development

Planning Proposal seeking to make the following amendments to the LEP in respect of the Land:

1. amend the Land Zoning Map to zone all of the Land B4 — Mixed Use;

2. amend the Height of Buildings Map to provide a maximum 19m (16m + 3m incentive) building height;

3. amend the Floor Space Ratio Map to provide a maximum 2.5:1 (2.0:1 + 0.5:1 incentive) floor space ratio.

Description of PA

The objective of the Planning Agreement is to provide a public benefit outcome with a $300,000 monetary contribution to Council to be allocated towards Public Amenities or other public purposes including:

i. Improvements to the small park at the corner of Abercorn Street and Kingsley Road South and Bexley Oval;

ii. Public lighting in and around the carpark located on Stoney Creek Road;

iii. The upgrade and renewal of footpath and public domain works;

iv. The acquisition and consolidation of community and open spaces.

Date PA executed

4/05/2018

Name of parties

04/05/2018 Executed Planning Agreement:

Bayside Council (Council)

Angelo Con & Santina Marie Elliott (Developer)

Land to which PA applies

Lot 1 DP134319

Lot 2 Section 2 DP1878

Lot 71 DP570149

Lot 72 DP570149

Lot 8 Section 2 DP1878

Documents

Planning agreement signed by Council (PDF 1.1MB)

Planning agreement signed by Developers (PDF 988KB)

PA reference number

PA-F17/587

DA reference number

DA-16(39)

Description of development

Construction and operation of a concrete batching plant

Description of PA

The objective of the Planning Agreement is to facilitate the development and improvement of public facilities and specifically allow for the provision of a $75,000 monetary contribution to Council to go towards the installation of traffic signals and associated works at the intersection of Baker and Wentworth Ave, Banksmeadow NSW.

Date PA executed

14/02/2018

Name of parties

14/02/2018 Executed Planning Agreement:

Bayside Council (Council)

Gunlake Concrete Pty Ltd (Developer)

Land to which PA applies

Lot 111 DP1197295

Documents

PA reference number

PA-F17/97

DA reference number

DA-13(208)

Description of development

Development Application No.13/208 was granted consent by the Joint Regional Planning Panel (JRPP) on 15 July 2015. The approved development was for construction of four (4) buildings comprising 433 apartments and buildings ranging in height between three (3) to eight (8) storeys, basement car park and 3,000sqm of publicly accessible open space.

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:

i. Construction, embellishment and dedication free of cost to Council a 3000 sqm public park (Nancy Hillier Park, Lot 41 DP1242048);

ii. Construction and embellishment of Pedestrian Links with Public Access Easements for perpetual access rights for the public;

iii. Widening of Pemberton Street with new on-street parking, street trees, footpath and dedication of land to Council and Mahroot Street;

iv. Widening of Mahroot Street with new street trees, footpath and dedication of land to Council

Date PA executed

7/02/2018

Name of parties

07/02/2018 Executed Planning Agreement:

Bayside Council (Council)

Australand Residential Botany Pty Ltd (Developer)

Botany No. 1 Pty Ltd (Landowner)

Land to which PA applies

Lot 21 DP1231098
Lot 22 DP1231098
Lot 23 DP1231098
Lot 24 DP1231098
Lot 25 DP1231098
Lot 26 DP1231098
Lot 27 DP1231098
Lot 28 DP1231098
Lot 29 DP1231098
Lot 30 DP1231098
Lot 31 DP1231098

Documents

Planning agreement signed by Council (PDF 2.4MB)

Planning agreement signed by Developers (PDF 2.4MB)

PA reference number

PA-F17/108

DA reference number

DA-14(68)

Description of development

The Developer has obtained development consent for the Development subject to conditions, by way of an Agreement pursuant to s 34 of the Land and Environment Court Act 1979 dated 12 December 2016 in proceedings 2016/00152527 which granted development consent for 'the redevelopment of the existing industrial site for a mixed use development comprising: 2 residential flat buildings ranging in height between 4 to 7 storeys, containing in total 269 residential apartments and 2 retail tenancies (323m2), above 2 levels of basement car park for 479 spaces' on a deferred commencement basis.

Description of PA

The objective of the Planning Agreement is to provide construction, embellishment and dedication of land free of cost to Council for the following public benefit purposes:

i. Widening of Pemberton Street;

ii. Public open space for Council Dedicated Park known as Tannery Park (approximately 2800m2 -not including the land that forms part of SP 91307);

iii. Public roads, being the dedication of the southern section of Mahroot Street (gazetted June 2018 as Madden Close) and the dedication of the cul - de - sac (gazetted June 2018 as Saxby Close) adjoining Mahroot Street and Buildings E and F;

iv. Pedestrian Links and Public Access Easements for perpetual access rights for the public.

Date PA executed

12/12/2017

Name of parties

12/12/2017 Executed Planning Agreement:

Bayside Council (Council)

JKN Australia Pty Ltd (Developer)

Land to which PA applies

Lot 2 DP913863
Lot 1 DP772878
Lot 4 DP1192005
Lot 2 DP1207144
Lot 1 DP913863
Lot 1 DP656310
Part Lot B402187
Lot5 DP1192005
Lot 3 DP1207144
Lot 4 DP1203451

Documents

PA reference number

PA-F17/78

DA reference number

DA-10(486)

Description of development

Staged subdivision of land within the Botany Industrial Park along Corish Circle and Denison Street and associated new public roads and services.

Description of PA

The objective of the Planning Agreement is the construction and dedication of Lot 26 (now Lot 14 DP1227534) to Council at no cost and is to be used towards a public purpose being a public car park and the payment of a $600,000 Monetary Contribution in lieu of S94 contributions, to the Council to be applied towards the provision of community facilities and/or capital works.

Date PA executed

15/03/2017

Name of parties

15/03/2017 Executed Planning Agreement:

Bayside Council (Council)

Botany Bay GP Pty Ltd (Developer)

Land to which PA applies

Whole Lot DP1016112
Part Lot 10 DP1039919
Part Lot 11 DP1039919
Part Lot 9 DP1016112
Lot 105 DP120499
Lot 111 DP1204999
Lot 1 DP1228520

Documents

PA reference number

PA-F17/102

DA reference number

NA

Description of development

The Owner lodged "The Lakes Business Park Southern Precinct, 11- 13 Lord Street, Botany" Planning Proposal to Botany Bay Council in May 2015, further amended in January 2016 for the rezoning of the Site to B4 – Mixed Use; amendment of the height of building maps from 22m to a range of heights, from 11 m to 23.5m; amendment of Floor Space Ratio map to increase the floor space ratio to 2:1.

On 8th of June 2017, the NSW Department of Planning & Environment  determined that the Planning Proposal did not have sufficient strategic or site specific merit to proceed to Gateway.

The Owner subsequently withdrew the Planning Proposal and the executed Planning Agreement was mutually terminated between the Parties.

Description of PA

The objective of the Planning Agreement was to provide the following public benefit outcomes:
The Owner will for the purposes of providing amenities and services to the public, pay to the Council the Material Public Benefit Payment in the sum of $9 million with the intention that it is to be used principally for a boardwalk and foreshore and jetty upgrade at Mill Pond and for any of the other following works and services:
(a) upgrade to car parking at Botany Town Centre;
(b) upgrade to the public domain at Botany Town Centre including paving;
(c) the purchase and operation of a community bus to transport persons to Mascot Railway Station on a route that includes a stop on Botany Road near the Site; and
(d) purchase of unit/s within a development for affordable housing.

Date PA executed

22/07/2016

Name of parties

22/07/2016 Executed Planning Agreement:
Council of the City of Botany Bay (Council)
DEXUS Wholesale Management Limited as Trustee of the
Lakes South Sub-trust (Owner & Developer)

Land to which PA applies

Lot 2 DP717692

Documents

PA reference number

PA-F14/116

DA reference number

DA-2015/421

Description of development

Erection of a Residential Flat Building (RFB) including 149 residential units having a Floor Space Ratio (FSR) of at least 3.93:1 (Gross Floor Area (GFA) 12,493 sqm), calculated over the balance of the Land not required to be dedicated for public open space or public road under the Planning Agreement (3,177 sqm) and 2 levels of basement car parking.

Description of PA

The objective of the Planning Agreement is to provide a public benefit outcome with the design, construction and dedication of 2,104 sqm of land to Council for a community park (now Lot 1  DP1223657 (1926 sqm) & Lot 4 DP1247416 (178 sqm)) and a 0.5m wide strip of Lot 2309 DP1159612 adjacent Bidjigal Road to be dedicated to Council for road widening (45.2 sqm). A monetary contribution of $200,000 to Council to be allocated towards the construction of a playground on the adjoining land Lot (Lot 101  DP1165743).

Date PA executed

10/06/2016

Name of parties

10/06/2016 Executed Planning Agreement:
Rockdale City Council (Council)
Canberra Estates Consortium No. 42 Pty Ltd (Developer)

Land to which PA applies

Lot 1 DP233666
Lot 2 DP233666
Lot 2309 DP1159612
Lot C DP158978
Part Lot 2310 DP 1159612

Documents

PA reference number

PA-F17/95

DA reference number

DA-12(86)

Description of development

Demolition of the existing structures and the erection of a nine (9) storey Residential Flat Building (RFB) containing 30 apartments and two levels of basement parking.

Description of PA

The objective of the Planning Agreement is to provide a public benefit outcome in the form of a monetary contribution in the amount of $48,405.00 (Monetary Contribution), to be applied towards the public purpose of the provision of Linear Park public open space works.

Date PA executed

26/05/2016

Name of parties

26/05/2016 Executed Planning Agreement:

Council of the City of Botany Bay (Council)

Central Element Pty Ltd (Developer)

C E Concepts Pty Ltd (Owner)

Land to which PA applies

Lot 1 DP1189157

Documents

PA reference number

PA-F15/36

DA reference number

DA-2017/224

DA-2018/222

Description of development

Planning Proposal seeking:
i. rezoning of the land from R2 Low Density Residential zone and IN2 Light Industrial zone to R4 High Density Residential zone and B6 Enterprise Corridor zone;
ii. various building height limits across the site, ranging from 8.5m to 22m for land to be zoned B6 Enterprise Corridor and 8.5m to 33m for land to be zoned R4 High Density Residential zone;
iii. inclusion of a building height plane clause (under Clause 4.3 of the RLEP 2011);
iv. removing minimum lot size provisions from the site; and
v. applying an FSR of 2:1 for the land to be zoned R4 High Density Residential zone and an FSR of 1.8:1 for the land to be zoned B6 Enterprise Corridor zone.
The amendment was published on the NSW Legislation website on 15 April 2016 and became effective from that date (RLEP 2011 Amendment No 11)

DA-2017/224: Integrated Development and Staged Development – Darrell Lea site – Stage 1 consists of the construction of four (4) Residential Flat Buildings (RFB) comprising 513 units and twenty (20)  townhouses; basement car parking; construction of a new access road connecting Rocky Point Road and Production Avenue, including the construction of a new signalised intersection at Rocky Point Road and road upgrade works to Production Avenue; landscaping works, including ground level landscaping for communal open space and green rooftops at the Residential Flat Buildings (RFB); land subdivision, land dedication and building envelope for a child care centre; retention of the existing commercial building at 168 Rocky Point Road and demolition of all other existing structures; tree removal and bulk earthworks.

DA-2018/222: Stage 2 development application for the construction of a two (2) storey child care centre for 66 children, car parking, landscaping and signage.

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:
i. $100,000 monetary contribution to Council to undertake Local Area Traffic Management (LATM) study
ii. $50,000 monetary contribution to Council to be applied towards the improvement or enhancement of sporting facilities (excluding maintenance works) for the Arncliffe Scots Baseball Club (Baseball Club) on Scarborough Park South
iii. $50,000 monetary contribution to Council to be applied towards the improvement or enhancement of sporting facilities (excluding maintenance works) for the Brighton Seagulls Junior Rugby League Football Club (Football Club) on Scarborough Park.
iiiv.$70,000 monetary contribution to Council to be applied towards master planning for the purpose of resolving the location, concept design and scope of infrastructure for shared footpaths and cycleways in Scarborough Park South, Leo Smith Reserve, Hawthorn Street Reserve and Tonbridge Reserve.
v. $1,595,000 monetary contribution to Council to be applied towards the carrying out of works to create shared footpaths and cycleways in Scarborough Park South, Leo Smith Reserve, Hawthorn Street Reserve and Tonbridge Reserve with priority given to works on Scarborough Park South.
vi. $415,000 monetary contribution to Council to be applied towards the construction of a new playground in the northwest section of Tonbridge Reserve, or as otherwise agreed between the Parties
vii. $370,000 Construction and embellishment upgrade of Production Lane
viii. Construct, embellish and dedicate free of cost to Council a 1000 sqm childcare facility for 66 children (Fit-out value $2.29m and land dedication value $1.35m)

Date PA executed

9/05/2016

Name of parties

09/05/2016 Executed Planning Agreement:
Rockdale City Council (Council)
Land and Portfolio Pty Ltd (Developer)
D.L.N. Pty Ltd (Lot Owner)

01/03/2019 Amendment:
Bayside Council (Council)
JQZ Nine Pty Ltd (Developer)

Land to which PA applies

Lot 2 DP405531
Lot 22 DP620329
Lot 2 DP838198
Lot 1 DP599502
Lot 1 DP1144981
Lot 1 DP666138

Documents

Planning agreement (PDF 3MB)

Planning agreement amendment (PDF 1MB)

PA reference number

PA-F17/90

DA reference number

DA-08(287)

DA-08(289)

Description of development

DA-08(287)
Demolition, site remediation, erection of a ten (10) storey commercial/retail building, bridge link, retail and showroom ("the East Tower") ("the Stage 1 DA") 

DA-08(289)
Erection of a twelve (12) storey commercial/retail building, bridge link, retail and cafe ("the West Tower") ("the Stage 2 DA") 
With associated car parking, road work and public domain works.

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:
i. Upgrading of footpath along the site frontage from Bourke Street to King Street
ii. Undergrounding of power poles along the site frontage; and
iii. Payment of $226,718.95 being in lieu of the costs previously incurred by the Council for the upgrading of Lionel Bowen Reserve and Mascot Oval to be put towards future upgrade works.

Date PA executed

29/03/2016

Name of parties

29/03/2016 Executed Planning Agreement:

Council of the City of Botany Bay (Council)

Goodman Funds Management Australia Ltd (Goodman Funds)

Goodman Property Services (Aust) Pty Ltd (Goodman Property)

The Trust Company Ltd (Landowner)

Land to which PA applies

Lot 11 DP1213409

Documents

PA reference number

PA-F17/101

DA reference number

MP06_0191

Description of development

Major Project Application (MP 06_0191) seeking to remediate and develop the "Southlands" site on McPherson Street, Banksmeadow into an industrial and warehouse estate. The proposal is separated into three stages, which allows development to be carried out on parts of the site as they have been remediated.

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes in lieu of s94 contributions:

i. Monetary Contribution for Pavement Works; upgrade and repair of public road pavement to Hills, Exell and McPherson Streets ($2,987,355);
ii. Dedication of land free of cost to Council extending the cycle way on Coal Pier road along the western edge of Southlands (valued $50,000);
iii. Construction and embellishment of Cycleway Extension Works (valued $96,222); and
iv. Remains of the Monetary Contribution post Pavement Works, is to go towards Drainage Upgrade Works; upgrading of the drainage to the stormwater system in accordance with the recommendations to be adopted by Council arising from the "Springvale Drain and Floodvale Drain Risk Management Study"

Date PA executed

18/01/2016

Name of parties

18/01/2016 Executed Planning Agreement:

Council of the City of Botany Bay (Council)

The Trust Company Ltd (Landowner)

Goodman Property Services (Aust) Pty Ltd (Developer)

Land to which PA applies

Lot 101 DP1189375
Lot 102 DP1189375
Lot 1 DP85542 
Lot 11 DP109505

Documents

PA reference number

PA-F17/98

DA reference number

DA-13(279)

Description of development

Demolition of existing structures and construction of a Residential Flat Building at 39 Rhodes Street and part of 47 Rhodes Street, Hillsdale, as approved through Land and Environment Court orders dated 2 February 2015 (case number: 10587 of 2014)

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:
i. Upgrade works to Grace Campbell Reserve generally as shown on drawing 96.15(14)7034'A’ dated January 2015. 
ii. Proposed soft and hard landscaping works including removal of existing pathways as necessary and construction of new 1.8 metre wide pathways and upgrade of landscaping including the supply and installation of new trees, bushes, and ground cover.

Date PA executed

23/11/2015

Name of parties

23/11/2015 Executed Planning Agreement:

Botany Bay City Council (Council)

JKN Rhodes Street Pty Ltd (Applicant)

Jean Nassif (Guarantor)

Land to which PA applies

SP1 33080
SP2 33080
SP3 33080
SP4 33080
SP5 33080
SP6 33080
SP7 33080
Lot 1 DP1200144

Documents

PA reference number

PA-F17/103

DA reference number

DA-14(96)

Description of development

Concept DA-14(96) seeks:

i. Subdivision into seven lots, known as Urban Blocks

ii. Subdivision of lots for open space being a Central Park (Open Space lot 1) and Linear Park (Open Space lot)

iii. Subdivision into lots for public roads being Road lot 1 (East West Boulevard), Road lot 2 (North South Street 2), Road lot 3 (Civic Boulevard), Road lot 4, Road lot 5, (North South Street 1) and Local Street Road lot 6

iv. Staging of the development in order of sequence being Stage 1 subject of DA-14(159) lodged by Karimbla Construction Services (NSW) Pty Ltd

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:
i. Construction, embellishment and dedication at no cost to the Council of 8000 sqm of land on the site for the purpose of a public park
ii. Construction of public domain, embellishment and dedication of public roads and at no cost to the Council
iii. Undertaking at no cost to the Council the design and construction works inclusive of traffic lights and any other necessary traffic control devices and signals so as to upgrade the intersection of Banks Avenue and Heffron Road and the intersection of Bunnerong Road, Heffron Road and Maroubra Road
vi. Providing a monetary contribution of $8,022,000 (see note*) to Council for use as follows:
a. Upgrade the intersection of Page Street and Wentworth Avenue including works an services at the intersection; and
b. Upgrade the intersection of Baker Street and Wentworth Avenue including works and services at the intersection; and,
c. Upgrade to Jellicoe Park by providing a new sports amenities building (change rooms, referees room, toilets, kiosk, kitchenette, storage and the like) and upgrade to perimeter fencing; and,
d. Improvements to Mutch Park, including provision of a skate park and the supply or building of other recreational facilities; and,
e. Undertake other public purpose works with any remaining funds at the sole discretion of Council.
* The difference of $2,478,000 from the original $10.5m contribution has been incorporated into the BATA II Planning Agreement and is to be indexed (CPI All Groups Index - Sydney) from 02/03/2018

Date PA executed

7/08/2015

Name of parties

07/08/2015 Executed Planning Agreement:
The Council of the City of Botany Bay (Council)
Karimbla Properties (No.39) Pty Ltd (Developer)

24/05/2018 Amendment:
Bayside Council (Council)
Karimbla Properties (No.39) Pty Ltd (Developer)

28/10/2021 Amendment:
Bayside Council (Council)
Karimbla Properties (No.39) Pty Ltd (Developer)

Land to which PA applies

Lot 2 DP1187426

Documents

Planning agreement (PDF 839KB)

Planning agreement amendment May 2018 (PDF 622 KB)

Planning agreement amendment November 2021 (PDF 2.5MB)

PA reference number

PA-F17/170

DA reference number

DA-10(324)

DA-10(325)

DA-12(208)

Description of development

DA-10(324) - North
Redevelopment of the northern part of the site fronting Gardeners Road for residential and commercial development, incorporating the following:
- construction of three (3) residential towers (Buildings A, B & C), of between 9-14 storeys in height (including basement car park levels)
- three (3) car parking levels, accommodating 637 car parking spaces; and
- associated landscaping, stormwater and public domain works.

DA-10(325) - South
Redevelopment of the southern part site fronting Church Avenue for residential and commercial development, incorporating the following:
- construction of three (3) residential towers (Buildings D, E & F), of between 7-12 storeys in height (including basement car park levels)
- two (2) car parking levels, accommodating 312 car parking spaces;
- provision, and embellishment, of land for a proposed public reserve;
- provision, and embellishment, of land for proposed road widening of Church Avenue;
- associated landscaping, stormwater and public domain works; and
- subdivision of the land to (a) consolidate three (3) existing allotments, and (b) provide three (3) new allotments of land, one (1) being for the proposed redevelopment scheme; (one) for the proposed public reserve and the third for the proposed road widening.

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:

- Construction, embellishment and dedication to Council of the Church Avenue Road Widening Land, adjacent to Church Avenue of 82.785 m in length and 6.97 m min. width with a total area of 584.9 sqm

- Construction, embellishment and dedication to Council of the Gardeners Road Road Widening Land, adjacent to Gardeners Road of 84.385 m in length and 2.24 m in width with a splay at the end to accommodate a deceleration lane, with a total area of 175.8 sqm

- Construction, embellishment and dedication to Council of the Public Park Land (now Standfield Park, Lot 6 DP1189747 1140 sqm)

- Monetary Contributions:
DA-10(324) - North $5,682,597.90
DA-10(325) - South $3,781,686.60

Date PA executed

3/06/2014

Name of parties

03/06/2014 Executed Planning Agreement:

Botany Bay City Council (Council)

Fitz Jersey Pty Ltd (Owner)

Atlas Construction Group Pty Ltd (Developer)

Land to which PA applies

Lot 2 DP224757
Lot 1 DP303282
Lot 1 DP923787

Documents

PA reference number

PA-F17/107

DA reference number

DA-08(115)

Description of development

Proposed first storey addition and mezzanine level to existing commercial building and use part of the premises as a liquor store.

Description of PA

The objective of the Planning Agreement is to provide a public benefit outcome with the dedication free of cost to Council of the land (now Lot 11 DP1252932 (45 sqm)) at the rear of 1153-1155 Botany Road, Mascot (now Lot 10 DP1252932) for the purpose of widening Botany Lane

Date PA executed

31/01/2014

Name of parties

31/01/2014 Executed Planning Agreement:

The Council of the City of Botany Bay (Council)

Peter Kostas & Christine Kostas (Owners)

Land to which PA applies

Lot A DP29906

Documents

PA reference number

PA-F17/174

DA reference number

DA-10(314)

Description of development

Proposed development seeks to construct a 13 storey mixed residential and commercial building comprising 127 residential units, two (2) Ground Floor commercial tenancies and basement level car parking for 258 vehicles.

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:

- Dedicate approximately 227 square meters of land to Council for the purpose of the John Street road widening.

- Upgrade the public domain by construction and reconstruction of road pavement, curb and guttering, footpath, drainage system, street trees, landscaping and associated works for Coward and John Street frontages.

- Underground existing above ground service cables, including power lines, telecommunications cables and the like in the streets adjacent to and within the confines of the development site.

- Pay to the Council the sum of $300,000.00 (inclusive of GST) for works proposed to be conducted in relation to the Laycock Street road closure and creation of Laycock Walk (now ROAD R8171A)

Date PA executed

14/05/2012

Name of parties

14/05/2012 Executed Planning Agreement:
The Council of the City of Botany Bay (Council)
Toplace Pty Ltd (Developer)

Land to which PA applies

Lot F DP369255

Documents

PA reference number

PA-F17/165

DA reference number

DA-08(97)

Description of development

Demolition of existing buildings and construction of a medium density housing development comprising nine (9) townhouses and a Residential Flat Building (RFB) comprising thirty four (34) units with ancillary basement parking.

Description of PA

The objective of the Planning Agreement is to provide a public benefit outcome with the completion of the Works in Kind works comprising embellishment works to the part of Myrtle Street fronting the Development Site as specified in the Works in Kind Plan to the satisfaction of Council.

Date PA executed

23/11/2010

Name of parties

23/11/2010 Executed Planning Agreement:

City of Botany Bay (Council)

Casteel Pty Ltd (Owner)

Monash Developments Pty Ltd (Owner)

ICAT Holdings Pty Ltd (Owner)

Denco Pty Ltd (Owner)

Land to which PA applies

Lot 1 DP858329

Documents

PA reference number

PA-F17/92

DA reference number

DA-10(175)

Description of development

Proposal seeks the re-development of the existing sports field and amenities, club house, relocation of the grand stand, new lighting and a carpark at Gwea Ave, Daceyville.

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcomes:

Construction of the Public Domain Works to the satisfaction of the Council, and shall be responsible for the ongoing maintenance of the landscaping works in the public domain.

Date PA executed

31/08/2010

Name of parties

31/08/2010 Executed Planning Agreement:

City of Botany Bay (Council)

The University of New South Wales (UNSW)

Land to which PA applies

Lot 3876 DP91234

Documents

PA reference number

PA-F17/172

DA reference number

DA-05(245)

Description of development

Proposed demolition of buildings and construction of a multi storey Residential Flat Building (RFB) and refurbishment of existing retail shops and creation of a new retail residential building to Botany Road.

Description of PA

The objective of the Planning Agreement is to provide a public benefit outcome with the dedication free of cost to Council of the small strip of land (Lot 1 DP1146132 (36 sqm) dedicated as a public road now absorbed under ROAD R8238A) for road widening purposes of Rancom Street.

Date PA executed

3/03/2010

Name of parties

03/03/2010 Executed Planning Agreement:

Botany Bay City Council (Council)

Francesco Formica & Liliana Formica (Owners)

Land to which PA applies

Lot 1 DP996067
Lot 8 DP468 
(Auto Consol 8664-10)
Lot 9 DP 468
(Auto Consol 8664-10)

Documents

DA-09(131)

DA-09(155)

DA-10(103)

DA-09(131) Subdivision of 34-38 Kent Road, Mascot (Lot 1 DP120732) into three (3) Torrens title allotments (Lot 10, 11 & 12 DP1137430) and dedication of land for the widening of Ossary Street and the extension of Coggins Place Mascot.

DA-09(155) Warehousing of sound and production equipment, associated office space, alterations and additions to the existing warehouse buildings and three business identification signs at 34 Kent Road, Mascot (one of the Torrens title allotments created above)

DA-10(103) Construction of a new road extending Coggins Place through to Ossary Street, construction of a nature strip for the length of Ossary Street (from Coggins Place through to Kent Road), the upgrade of the Kent Road nature strip, associated stormwater and public domain landscaping works at 34 Kent Road, Mascot.

20/01/2010 Executed Planning Agreement
Botany Bay City Council (Council)
Paul, Stephani, Norman & Katina Giannikouris (Giannikouris)
Paul Leslie Mulholland, David Barry Mulholland & Eric Allen Robinson (Mulholland)

19/06/2012 Amendment:
Botany Bay City Council (Council)
Paul, Stephani, Norman & Katina Giannikouris (Giannikouris)
Paul Leslie Mulholland, David Barry Mulholland & Eric Allen Robinson (Mulholland)

Planning agreement (PDF 1.2MB)

Planning agreement amendment (PDF 5.9MB)

PA reference number

PA-F17/164

DA reference number

DA-05(394)
DA-08(292)
DA-09(40)

Description of development

DA-05(394)
Construction of a new mixed use multi-unit residential/commercial development comprising three towers over a basement carpark.

DA-08(292)
Alterations and additions to the approved DA-05(394) residential development, the addition of 2 floors to each of the 3 buildings, resulting in the addition of 32 units.

DA-09(40)
Road widening and associated landscape works to Church Avenue and John Street

Description of PA

The objective of the Planning Agreement is to provide the following public benefit outcome:

1. Construct, embellish and dedicate to Council the portion of land for the Church Avenue road widening (580 sqm) and John Street road widening (223 sqm)

2. Undertake Works in Kind  (WiK):
Replace the existing above ground electricity and telecommunications cables in Church Avenue adjoining the Development Site by underground cables and provide appropriate street light standards, drainage (if any), kerb and gutter, footway, bicycle paths, landscaping, traffic signs, to the relevant Australian Standards and Codes of Practice

Date PA executed

22/12/2009

Name of parties

22/12/2009 Executed Planning Agreement:

Botany Bay City Council (Council)

Compac Pty Ltd (Applicant)

Carfos (Carfos)

Land to which PA applies

Lot 100 DP1126046

Documents

Planning agreement (PDF 393KB)

PA reference number

PA-F09/33

DA reference number

DA-2011/158

Description of development

Erection of a Residential Flat Building (RFB) over the Land with basement carparking having a Floor Space Ratio (FSR) of 3.1:1 (being a maximum Gross Floor Area (GFA) of 23,950 sqm), calculated over the balance of the Land not required to be dedicated for public open space or public road under the Planning Agreement (area 7,726 sqm).

Description of PA

The objective of the Planning Agreement is to provide a public benefit outcome with the 2,424 sqm dedication of land to Council for a 2274 sqm community park (now Lot 101  DP1165743) and 150 sqm road widening and carry out works in lieu of a monetary contribution for the design and construction of the community park and road widening.

Date PA executed

21/12/2009

Name of parties

21/12/2009 Executed Planning Agreement:

Rockdale City Council (Council)

Pheonix Corporation Pty Ltd (Developer)

Marke Corp Pty Ltd (Developer)

Jab Developments Pty Ltd (Developer)

Loucas Holdings (Arncliffe) Pty Ltd (Developer)

Land to which PA applies

Lot 4 DP574248
Lot 1 DP1122564
Lot 2 DP568839

Documents

PA reference number

PA-F17/173

DA reference number

DA-07(185)

Description of development

Proposed redevelopment of Bonnie Doon Golf Course at Banks Avenue, Pagewood by undertaking alterations and additions to the existing club, construction of a new pro shop, new amenities, new basement car park and new garden terrace.

Description of PA

The objective of the Planning Agreement is to provide a public benefit outcome with a $30,000 monetary contribution to Council to be allocated towards community facilities/benefits.

Date PA executed

8/05/2008

Name of parties

08/05/2008 Executed Planning Agreement:

Botany Bay City Council (Council)

The Bonnie Doon Golf Club Ltd (Golf Club)

Land to which PA applies

Lot 2870 DP752015
Lot 2 DP1039418
Lot 2871 DP752015

Documents

PA reference number

PA-F17/162

DA reference number

DA-04(71)

Description of development

Proposed demolition of existing buildings and construction of a new multi-unit residential development incorporating a retail/commercial use, parking amenities and land dedication for road widening of Church Avenue and Station Square East.

Description of PA

The objective of the Planning Agreement is to provide a public benefit outcome with the construction, embellishment and dedication of open space described as Mascot Station East to Council (now Lot 102 DP1128404 (440 sqm))

Date PA executed

30/05/2007

Name of parties

30/05/2007 Executed Planning Agreement:

Botany Bay City Council (Council)

J&B Elias Pty Ltd (Applicant)

J&B Elias Pty Ltd (Land Owner)

Oribe Pty Ltd (Land Owner)

B-1st Choice Roofing Pty Ltd (Land Owner)

Damjet Pty Ltd (Land Owner)

CW Building Pty Ltd (Land Owner)

Land to which PA applies

Lot 1 DP220989
Lot 2 DP220989
Lot 3 DP220989
Lot D DP370926
Part Lot 4 DP506923

Documents

09/01/2007 Executed Planning Agreement:

The Council of the City of Botany Bay (Council)

Lichaa Metlege (Land Owner)

Mona Metlege (Land Owner)

Joseph Metlege (Land Owner)

Tiptell Pty Ltd (Land Owner)

Casumo Constructions Pty Ltd (Applicant)

ING Industrial Custodian Pty Ltd (Adjoining Land Owner)

13/11/2013 Amendment:

The City of Botany Bay Council (Council)

Lichaa Metlege (Developed Land Owner)

Mona Metlege (Developed Land Owner)

Joseph Metlege (Developed Land Owner)

Tiptell Pty Ltd (Developed Land Owner)

Karimbla Properties (No.34) Pty Ltd (Adjoining Land Owner)

Planning agreement (PDF 354KB)

Planning agreement amendment (PDF 4.1MB)

The objective of the Planning Agreement is to provide the following public benefit outcomes: 

• $12 million Monetary Contribution to Council to be used for the acquisition of land for open space and/or community facilities, and/or embellishment of open space within Catchment 5 (as delineated in the draft Social Infrastructure Strategy). The Planning Authority has identified John Curtin Reserve as a potential open space improvement site, with such generally to be undertaken in the area shown in Annexure A. Payment prior to first occupation certificate. 
• Bayside Council may apply the Contribution towards a public purpose other than the purpose specified in this Agreement if Council considers that the public interest would be better served by applying the Contribution towards that other public purpose. 

Lots 1-3 and 11-12 in DP9142
Lot B in DP407002 & CP 
Lots 1-6 in SP48926 

Known as 215-235 O’Riordan Street, Mascot and 1-3 Ewan 
Street, Mascot