Reference No. 2015/087129

Notes of Pre-lodgement Meeting Planning Proposal (Manly Leagues Club, Pittwater Rd, Brookvale)

Application No: PLM2015/0017

Meeting Date: 5 March 2015

Property Address: 563 Pittwater Road, Brookvale (Lot 563 DP 707422) 2 – 4 Federal Parade, Brookvale (Lot 565 DP 707422) 9 Victor Road, Brookvale (Lot 2 DP 7361) 11 Victor Road, Brookvale (Lot 1 DP 7961) 15 Victor Road, Brookvale (Lot C DP 408129) (subject land)

Attendees for Council: Malcolm Ryan Deputy General Manager Environment

Todd Dickinson Group Manager Natural Environment

Boris Bolgoff Group Manager Roads, Traffic and Waste

Campbell Pfeiffer

Group Manager Buildings and Property

Ruth Robins Group Manager Community Services

Michael Haynes Manager Sustainable Urban Planning

Peter Robinson Group Manager Strategic Planning

Janine Formica Senior Strategic Planner

Attendees for applicant:

Drew Dickson

Drew Dickson Architects Pty Ltd

Trevor De Waal Kann Finch Architects

Audrey Chee Urbis

Darren Van Aardt Developer Representative

Karen McNatty GHD

Sergio Garcia GHD

Owners Council’s records indicate that the current owners of the subject land are:- Penn Sport Pty Ltd (563 Pittwater Road) Manly Warringah Leagues Club Ltd (2-4 Federal Parade; 9 Victor Road and 11 Victor Road) Raffaele Demasi and Maria Finkelsen (15 Victor Road) It was indicated at the PLM that all these parcels are under option for purchase and the current owners are not the proponents.

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1. INTRODUCTION

These notes are based on submitted documentation, dated 17 February 2015 and discussions held during the pre-lodgement meeting held on 5 March 2015.

The comments provided are intended as a guide to assist in the preparation and lodgement of a planning proposal.

2. PROPOSAL

(a) The meeting was held to discuss the preparation of a planning proposal to

amend the planning controls within Warringah Local Environmental Plan 2011 (WLEP 2011), specifically:-

i. To allow additional permitted uses on the subject land, they being Residential Flat Buildings, Retail Premises and Office Premises; and

ii. To allow a maximum height limit of 40 metres (11 storeys).

(b) The pre-lodgement application was accompanied by the following documentation:-

i. Letter of submission from Urbis titled “563 Pittwater Road, Brookvale – Pre-lodgement Planning Proposal Summary, dated 12 February 2015;

ii. Preliminary Concept Plan - Architectural Statement by Drew Dickson Architects and Kann Finch Architects, dated 9 February 2015;

iii. Preliminary Concept Plan by Drew Dickson Architects and Kann Finch Architects, dated 10 February 2015.

(c) The proposal consists of a redevelopment concept for land currently used by the Manly Warringah Leagues Club on both sides of Federal Parade, along with a number of residential blocks in Victor Road (one of which, being 15 Victor Road, is privately owned). The proposal also incorporates part of the road reserve of Federal Parade, which is currently a public road.

(d) The proposal is for a mixed use development that includes the following:-

i. New licensed club for the “Sea Eagles”;

ii. New Health club facilities;

iii. New support commercial and/or retail;

iv. New car parking; and

v. New residential including ‘affordable housing’.

(e) The preliminary concept plans submitted envisage:-

i. Residential accommodation for 443 dwellings;

ii. Retail/commercial floor space of approximately 8,600 sqm;

iii. Building heights ranging from 8 – 11 storeys, with approximate heights from 26m to 40m;

iv. Buildings to comprise ground floor retail/commercial spaces with residential levels above. Top floor residential includes a ‘loft’ level, which has been included in the storey count;

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v. Basement car parking is proposed, with access from Pittwater Road and Victor Road.

3. SUBJECT LAND

(a) The subject land consists of a number of parcels of land, with various ownerships. The majority of the subject land is owned by Penn Sports and the Manly Warringah Leagues club. It is understood that these land parcels are in the process of being sold. Therefore, it is understood that this proposal is not for the current owners of the land.

(b) The subject land has a total area of 13,423 sq m, as seen hatched on Figure 1 below. If the road reserve of Federal Parade is included in the development site, then the total site area would be 15,292 sq m.

(c) The existing improvements on-site comprise the existing Manly Warringah Leagues Club on the southern side of Federal Parade, with the Club carpark and outlet shop in the northern side. The subject land also includes one (1) residential lot and one (1) vacant lot owned by the Leagues Club, along with another adjoining residential lot which is privately owned.

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Figure 1: Subject Land 4. LOCAL PLANNING CONTEXT

Warringah Local Environmental Plan (WLEP) 2011

(a) The subject land is currently zoned B5 Business Development under WLEP 2011, as shown on Figure 2 below. The road reserve of Federal Parade is also zoned B5 Business Development.

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Figure 2: Zoning Context (WLEP 2011)

(b) Details of the B5 Business Development zone are:-

Zone B5 Business Development

1 Objectives of zone

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• To enable a mix of business and warehouse uses, and bulky goods

premises that require a large floor area, in locations that are close to, and

that support the viability of, centres.

• To provide for the location of vehicle sales or hire premises.

• To create a pedestrian environment that is safe, active and interesting by

incorporating street level retailing and business uses.

2 Permitted without consent

Nil

3 Permitted with consent

Bulky goods premises; Child care centres; Garden centres; Hardware and

building supplies; Hotel or motel accommodation; Landscaping material

supplies; Neighbourhood shops; Passenger transport facilities; Respite day care

centres; Roads; Self-storage units; Take away food and drink premises; Vehicle

sales or hire premises; Warehouse or distribution centres; Any other

development not specified in item 2 or 4

4 Prohibited

Advertising structures; Agriculture; Air transport facilities; Amusement

centres; Animal boarding or training establishments; Boat building and repair

facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter

and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-

tourist facilities; Entertainment facilities; Environmental facilities; Exhibition

homes; Exhibition villages; Extractive industries; Forestry; Freight transport

facilities; Function centres; Heavy industrial storage establishments; Highway

service centres; Home-based child care; Home businesses; Home occupations;

Home occupations (sex services); Industrial retail outlets; Industrial training

facilities; Industries; Information and education facilities; Marinas; Mooring

pens; Moorings; Office premises; Open cut mining; Port facilities; Recreation

facilities (major); Recreation facilities (outdoor); Research stations; Residential

accommodation; Retail premises; Rural industries; Sex services premises;

Storage premises; Tourist and visitor accommodation; Waste or resource

management facilities; Water recreation structures; Wharf or boating facilities;

Wholesale supplies

(c) The development concept as presented, is not permissible, as it includes uses which are expressly prohibited in this zone (namely retail premises, office premises and residential accommodation).

(d) The subject land is also subject to the Height of Buildings map, under WLEP

2011, as shown on Figure 3 below. The subject land is subject to a maximum height limit of 11 metres.

(e) The development concept, as presented, seeks to construct 4 main buildings

over the subject land, with heights of up to 40 metres (11 storeys).

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Figure 3: Height of Buildings Map (WLEP 2011)

(f) The subject land is also partly subject to Landslip Area A and partly subject to

Landslip Area B, as shown on the Landslip Risk Map, under WLEP 2011 (see Figure 4 below).

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Figure 4: Landslip Risk Map (WLEP 2011)

5. STRATEGIC PLANNING CONTEXT

The following strategic planning documents are of relevance for this proposal:-

Metro Strategy – A Plan for Growing Sydney The latest metropolitan strategy for Sydney was released in December 2014. As with previous metropolitan strategies for Sydney, it identifies Brookvale - Dee Why as the main strategic centre for the northern beaches region. The only other strategic centre identified in Warringah is the Hospital Specialised Precinct at Frenchs Forest, which has been identified as a strategic centre because the new Northern Beaches Hospital is to be built in this location, due for completion by 2018.

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Even though a combined strategic centre, the suburbs of Brookvale and Dee Why have historically served different purposes. Brookvale is the employment centre (industrial and business lands) and Dee Why the mixed use centre (retail, office and residential accommodation). Brookvale, is the traditional light industrial centre on the northern beaches, being one of the region’s principal employment generating areas. Warringah Mall, which is also part of the Brookvale – Dee Why strategic centre, is the major retail component, located at the southern end of Brookvale. The Department of Planning and Environment is also in the process of finalising the Sub-Regional Strategy for Northern Sydney, which is due late 2015. Ministerial Directions (s.117 directions) Ministerial Direction 1.1 Business and Industrial Zones, is of relevance. The objectives of this direction are to:

(a) Encourage employment growth in suitable locations, (b) Protect employment land in business and industrial zones, and (c) Support the viability of identified strategic centres.

Any planning proposal would need to justify inconsistency with this Ministerial Direction.

Other Ministerial Directions of relevance are:-

3.4 Integrating Land Use and Transport

6.3 Site Specific Provisions

7.1 Implementation of the Metropolitan Plan for Sydney 2036

Warringah Employment Lands Study (2013)

This Study, prepared by consultants SCGS Economics and Planning Pty Ltd, undertook significant analysis of current and future employment trends and provided recommendations for future land use decisions. One of the main findings of this Study for the Brookvale/Dee Why strategic centre, was that Brookvale should be the focus of employment land delivery, while Dee Why should be the focus for housing and convenience retail and local business. The current zonings within WLEP 2011 reflect these different identified roles for Brookvale and Dee Why.

Dee Why/Brookvale TMAS (Traffic Management & Accessibility Study (2012)

This TMAS was prepared by GHD in 2012, to assess and investigate the impact of an additional 5,000 jobs within the Brookvale/Dee Why major centre (as it was then called in the Metropolitan Plan for Sydney 2036).

One of its key findings was that the target of 5,000 additional jobs would generate more traffic than could be accommodated on the current network and therefore large-scale network upgrades would be required to accommodate the job growth.

This TMAS did not factor in the impact of any residential or retail development within the B5 Business Development zone, as these uses are not permissible in this zone.

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Warringah Local Planning Strategy

Consultants are currently engaged by Council to prepare a Warringah Local Planning Strategy (WLPS), which is due for completion March 2016. The purpose of this WLPS is to determine where future residential and employment growth should occur in Warringah over the next 20 years.

A major component of this Local Planning Strategy is the current preparation of a Hospital Precinct Structure Plan for the area around the new Northern Beaches Hospital at Frenchs Forest. The Hospital Precinct Structure Plan is due for completion by mid 2015. The Dee Why Masterplan is also a major component into this Local Planning Strategy.

Once the Hospital Precinct Structure Plan is adopted, the consultants will be looking at the whole of Warringah to determine what extra dwelling and jobs growth will be required, and where this should be located within Warringah.

Brookvale Masterplan

Council on 24 February 2015, considered a Mayoral Minute in relation to future development in Brookvale and resolved: “That Council staff:

A. Present a short report at the next Council meeting to be held on 24 March 2015 outlining a timeframe for the development of a Brookvale Masterplan to be undertaken in the upcoming 2015/2016 financial year.

B. Conduct online engagement immediately to allow the community to provide their comments on the future of Brookvale that would include the existing comments made from the previous Manly Daily story and any emails/correspondence received already to Council.”

An online forum has been set up to gather comments from the community on their future vision for Brookvale. Comments are open until 1 June 2015. A report on the timeframe for preparation of a Brookvale Masterplan, was presented on 24 March 2015 which recommended that work not commence until early 2016, to be informed by the Warringah Local Planning Strategy and the Sub-Regional Plan for Northern Sydney. Council resolved to defer consideration of this matter until Council’s next meeting in April 2015. 6. PLANNING CONSIDERATIONS

The proposed development is not permissible under the provisions of WLEP 2011 as Residential accommodation, Retail Premises and Office Premises are specifically prohibited uses in the B5 Business Development zone. The proposed development is also not consistent with the objectives for the B5 Business Development zone; specifically, the objective “to enable a mix of business and warehouse uses, and bulky goods premises that require a large floor area, in locations that are close to, and that support the viability of, centres.” Additionally, the proposed development does not comply with the WLEP 2011 Height of Buildings map, proposing buildings up to 40 metres in height, 29 metres over the existing 11 metre height limit.

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The proposed development is not consistent with Ministerial Direction 1.1 Business and Industrial Zones, as it has the potential to diminish the availability of employment land and does not encourage employment growth. For this development to be permissible, a planning proposal would be required to amend the provisions of WLEP 2011 to allow the proposed uses and also to increase the height limit. The proposed uses could be accommodated by additions to Schedule 1 Additional permitted uses or by the use of a different zone. If additional uses were added to for the subject land, while retaining the B5 zoning, it is considered that the objectives of the B5 zone would also need amendment, to address any inconsistency. 7. CONCLUSIONS

• The subject land is located within the Brookvale/Dee Why strategic centre, as

identified in the NSW Government’s metropolitan strategy, A Plan for Growing Sydney, released in December 2014. It is also located on an arterial road (Pittwater Road) and on a main public transport route.

• Given these factors, it could be argued that the subject land has higher potential

for development than that allowed by the current zoning and height restrictions.

• Despite this, the development proposal presented for the subject land is contrary to the objectives of the current B5 Business Development zone within WLEP 2011 and is also contrary to the current function of this part of the Brookvale/Dee Why strategic centre.

• The proposal requests an increase in permissible height by 364%, which is considered excessive in the circumstances.

• The proposal is likely to result in a loss of employment potential, which is

inconsistent with Ministerial Direction 1.1 – Business and Industrial Zones.

• The proposal provides a significant amount of housing within an existing employment zone. In the absence of a Warringah Local Planning Strategy, this proposal is undesirable, as it would pre-empt the findings of the Local Planning Strategy.

• Also, there is an intention by Council to prepare a Brookvale Masterplan to

guide future development and growth in Brookvale. It is considered that this proposal would also pre-empt the findings this future strategic land use study.

• The proposal is contrary to the current land use zoning provisions and current height provisions contained within Warringah Local Environmental Plan 2011.

• The proposal represents a change to the established function of the land uses in part of the B5 Business Development zone along Pittwater Road, in advance of a comprehensive study to determine whether this is an appropriate location to introduce a large residential component along with a retail centre component.

• Given these current circumstances, this major development proposal is unlikely to be supported by Council staff, in the absence of a Warringah Local Planning Strategy and a Brookvale Masterplan.

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8. REQUIREMENTS FOR A PLANNING PROPOSAL

Notwithstanding the above comments, if you were to proceed, the following issues would need to be addressed during the preparation of the planning proposal and supporting concept plans. Also see Attachment 1 for details of the process, fees and other matters for consideration.

(a) Retention of Employment

(i) Proposal would need to demonstrate that employment numbers/level will be

maintained and there will not be any reduction in job numbers;

(ii) A clear statement is required from the Leagues Club as to whether they will be a component of this development or not;

(iii) If it is unsure that the Leagues Club and its health facilities will form part of this development, then there must be a clear indication of what uses will take its place, including details of employment retention;

(iv) Proposal will need to provide justification of inconsistency with s117 Direction 1.1 Business and Industrial Zones, supported by an independent economic/market assessment.

(b) Traffic, Transport and Stormwater

(i) A thorough analysis of the traffic generation associated with the development

and in particular the impact that 443 dwellings and 8,600 sq m of retail/commercial floorspace would have on the existing traffic on Pittwater Road and Victor Road;

(ii) This traffic analysis will need to look at the impact on the whole of the Brookvale area, including the local road network as well as Pittwater Road;

(iii) This traffic analysis would need to include a full investigation of the potential traffic impact of the proposed road closure of Federal Parade;

(iv) This traffic analysis should use the existing Paramix Model for Brookvale/Dee Why and assess the impact of this development on the whole of Brookvale;

(v) There may be significant impacts on the traffic in Victor Road and this may require significant road widening to accommodate potential extra traffic;

(vi) Evidence of consultation with Roads and Maritime Services (RMS) is required, in relation to any proposed changes to access points or other impacts upon the arterial road, being Pittwater Road;

(vii) Demonstration as to how the proposed development connects with Council’s Pedestrian Access Management Plan (PAMP) and Bike Plan;

(viii) Details are to be provided as to how this proposal will integrate with State

Government (RMS &Transport for NSW) plans for a Bus Rapid Transit (BRT) system along Pittwater Road;

(ix) Details of how Council infrastructure would be dealt with e.g. bus shelters,

street furniture etc.;

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(x) Details of how Council stormwater infrastructure would be managed

including demonstrating compliance with relevant Council policies (including PAS-PL130 Building Over or Adjacent to Constructed Council Drainage Systems and Easements Policy).

(c) Provision of Residential Housing

(i) Justification for the provision of residential dwellings in what is essentially an

employment generating area;

(ii) Justification as to why this proposal should proceed in advance of the completion of the Warringah Local Planning Strategy;

(iii) Details of the amount of affordable housing being provided and details of arrangements for the maintenance/continuance of this affordable housing into the future;

(iv) Preparation of an Urban Design Analysis including an assessment against the Residential Flat Building Design Code.

(d) Height

(i) Justification for an increase in height from 11 metres to 40 metres,

representing an increase of 29 metres (or a 364% increase in what is currently allowed);

(ii) Justification as to why the subject land, which is geographically located between the commercial centre of Brookvale and the town centre of Dee Why, should be allowed such a significant increase in height;

(iii) Preparation of a view analysis study looking at the impact of the proposed increased height on the immediate area and also from key district vantage points.

(e) Consistency with State Planning Documents

(i) Justification that this proposal is not inconsistent with NSW State Planning

objectives, as outlined in the new metropolitan strategy – A Plan for Growing Sydney (December 2014).

(f) Provision of Public Benefit

(i) As this proposal would significantly increase the value of the subject land

then consideration should be given to the provision of public benefit, to be secured by way of a Voluntary Planning Agreement (VPA). This VPA may be necessary to deliver any works or contributions deemed as public benefits;

(ii) In the absence of a Brookvale Masterplan, it is difficult to determine the level of public benefit required as a result of this development. The proposal will need to offer sufficient public benefit, which is commensurate with the scale of the proposal. This offer of public benefit must take into account the fact that the proposed land use is not reflected by the current zoning of the subject land and has not been planned for;

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(iii) The offer of public benefits will be compared to the land value uplift achieved through the planning proposal. Council will seek independent verification of valuations as part of its assessment process. It is expected that this should be 50% of the value of the uplift;

(iv) The offer of public benefits does not exclude the developer from paying

contributions in accordance with the Warringah Section 94A Development Contributions Plan.

(g) Closure of Road Reserve (Federal Parade)

(i) Previous advice on this matter was provided to Penn Sports Pty Ltd by letter dated 16 May 2014 (see Attachment 2) which included details of the statutory road closures procedures;

(ii) This letter also outlined that a number of issues would need to be resolved, which included:- • Road access to existing development would need to be resolved both for

the leagues club and 569 Pittwater Road.

• RMS must be consulted given proximity to a State Road (Council does not have authority to close the road without RMS approval).

• Management of traffic access to Pittwater Road;

• Consideration of pedestrian access and thoroughfares;

• Capacity of Victor Road to cater for increased traffic;

• Potential to relocate traffic signal’s outside Club to Victor Road for vehicles leaving car park to access Pittwater Rd in both north and south;

• Easements for utilities and stormwater;

• It was also noted that it was unlikely that the area on Federal Parade in front of 569 Pittwater Road could be included in any road closure proposal as it is required for access to this property.

(h) Site Specific Development Control Plan (DCP)

(i) It is noted that should this planning proposal achieve Gateway, then a Concept Plan/Site Specific DCP would be required, to be exhibited at the time as the statutory exhibition

Janine Formica Senior Strategic Planner 26 March 2015

END OF REPORT

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ATTACHMENT 1 Should you choose to pursue the submission of a planning proposal, the following process and submission requirements apply;

Planning proposal process and indicative timing

Stage 1

Pre-

Gateway

Indicative

timing 14-16 Weeks

Applicant submits Planning

Proposal to Council

It is strongly advised that a Pre-

lodgement Meeting is completed to

ensure relevant documents are included

and satisfactory.

Notification and prelimitary

exhibition of the proposal (14 or

28 days)

Notification includes an advertisement

in the Manly Daily, letters to nearby

landowners and updates on Councils

website.

Assessment of technical studies

and exhibition feedback by

Council officers

Upon completion of this review, the

applcaint shall address any issues rasied

througout the assessment.

Referral of the Planning Proposal

to the Warringah Development

Assessment Panel

This independent panel will review the

Planning Proposal and provide a

recommendation to the elected Council.

Council Meeting: Review Initial

Assessment of Planning Proposal

Councillors vote on the Planning

Proposal. If supported, it is referred for

Gateway Determination. If it is rejected,

the applicant may appeal to Planning &

Infrastructure.

Stage 2

Post-

Gateway

Indicative

timing

20-28 weeks

Gateway Determination issued by

the Minister for Planning (or

delegate)

The Gateway Determination outlines the

steps that must be completed, including

amendments, studies and consultation.

Consultation with State

Government agencies

The Gateway Determination may direct

consultation with agencies. Any feedback

will need to be cosndiered prior to public

exhibition.

Public exhibition period Council will engage in a 14 or 28 day

public exhibition. This will be

advertised in a similar fashion as the

Pre-Gateway exhibition.

Council Meeting: Determination

of Planning Proposal

Councillors vote on the Planning

Proposal. If supported, Council will work

with the Department and Parliamentry

Counsel's office for finalisation.

Make the LEP The LEP is given effect once published

on the NSW legislationw website:

www.legislation.nsw.gov.au

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Provision of Technical Studies and Supporting Documents The following studies and supporting documents should be lodged with an application:-

(i) A Planning Proposal prepared in accordance with the Planning and Infrastructure’s Guide to Preparing Local Environmental Plans and Guide to Preparing Planning Proposals;

(ii) A site analysis plan detailing constraints and opportunities;

(iii) Reports which address all matters outlined in Section 8 of these PLM notes.

The following studies and supporting documents will be required post Gateway:-

(i) A Concept Plan/Site Specific DCP would be required, to be exhibited at the time as the statutory exhibition

Additional Justification of the planning proposal

The planning proposal shall also include:-

1. A statement indicating the relationship with Council’s Strategic Community Plan.

2. An assessment justifying any non-compliances with the Warringah Local Environmental Plan 2011, Warringah Development Control Plan 2011 and all relevant State Environmental Planning Policies.

3. An assessment of the likely amenity impacts as a result of the Planning Proposal and how are they proposed to be managed including the drafting of site specific provisions as necessary.

Planning Proposal Fees for the 2014/15 Financial Year The following fees apply until 30 June 2015;

(i) Planning Proposal Pre-lodgement Meeting:$1234 per meeting (GST inclusive) (ii) Planning Proposal Fee – Urban Intensification : $27,500 (iii) Exhibition Fee Pre-Gateway: $1028 (GST free) (iv) Exhibition Fee Post-Gateway: $1028 (GST free)

Additionally, in accordance with Clause 11 of the Environmental Planning and Assessment Regulations, additional charges may apply.

Privacy and Personal Information You are advised that Council is obliged to make planning proposal applications and supporting documents available for public inspection. We do this via the Customer Service Centre and by placing copies of the documents on Council’s website.

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ATTACHMENT 2 16 May 2014 Penn Sport Pty Ltd PO Box 588 MILSONS POINT NSW 1565

Our Ref: DC00078

Attention: Beau Jobson Dear Beau, Re: Part Federal Parade Brookvale – Application for Road Closure and

Purchase of Land Thank you for your letter dated 5 May 2014 regarding this matter. Based on your advice that Penn Sport Pty Ltd (Penn Sport) owns the Leagues Club site (Lot 563 DP 707422) and has an option to purchase the adjoining carpark site (Lot 565 DP 707422), the subject land would not be considered a parcel that could be offered to the public for sale. Therefore, Council may consider Penn Sport’s application to close and purchase this section of road. However, Council will require Penn Sport to provide evidence that it has an option to purchase the adjoining carpark site. Following your initial enquiry regarding this proposal in 2013, the proposal was referred to the relevant Council departments for identification of issues and comments. Council may also need to refer the proposal to other government authorities, service authorities, adjoining owners etc for comments and/or seek public submissions. If it is considered your proposal has merit the proposal will be submitted to the elected Council for formal consideration. The issues to be resolved, among others, include:

• Road access to existing development would need to be resolved. • RMS must be consulted given proximity to a State Road (Council does not have

authority to close the road without RMS approval). • Management of traffic access to Pittwater Road. • Consideration of pedestrian access and thoroughfares. • Capacity of Victor Road to cater for increased traffic. • Potential to relocate traffic signal relocation outside Club to Victor Road for

vehicles leaving car park to access Pittwater Rd in both north and south. • Easements for utilities and stormwater.

NSW Trade & Investment – Crown Lands (Crown Lands) has confirmed the subject land is Council Public Road and would vest in Council upon closure if approved. As a normal caution, please be aware that a Road Closure Application is submitted to Crown Lands and a final decision on whether a road may be closed rests with the

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Minister. Council’s role is to consider traffic/pedestrian and public interest issues from its position as the Roads Authority for the road. Council would also be the applicant for a proposed road closure if it decides that the proposal has merit, in accordance with the provisions of the Roads Act 1993. In accordance with Council’s Sale of Surplus Road Reserve Policy (the Policy), the proponent of a road closure needs to accept all associated costs as well as pay compensation for the land. The full amount of associated costs involved varies on the circumstances but as a guide it is currently considered to be in excess of $10,000.00. This should not be viewed as a final costing and you should seek independent advice in relation to this. This amount includes but is not limited to items such as a Council application/administration fee of $2,450.00, Crown Lands Road Closure Application fee, survey plan and registration costs, consultant reports, valuation costs, GST on the land if applicable and Council legal costs. The cost of the land itself is to be determined by an independent qualified valuer in accordance with the Policy. As a further general caution, please be aware that neither party will be obligated to proceed with a transfer until there is an exchanged Contract for the Sale of Land. A Contract for Sale cannot be prepared until a road closure application has been approved and gazetted by Crown Lands, a new registered lot being created for the subject land and a Certificate of Title being issued in the name of Warringah Council. Council accepts no liability if the Minister fails to approve the road closure or Council decides not to proceed with a road closure and sale. Please note that a general condition of any sale of road is that the land be consolidated with your adjoining land parcels (this includes the adjoining carpark site). This condition may require a separate application and approval by Council as Development Assessment Authority. As such a proposal has numerous issues to consider and resolve, it may be a lengthy process. If you wish to proceed with your application, please forward your application letter accepting the above information together with the $2,450.00 application fee payable to Warringah Council. Additionally, it is suggested that Penn Sport appoint a qualified consultant to prepare the necessary reports to address the issues raised above to accompany your application for consideration by Council and RMS. Additionally, a traffic and parking study which identifies and addresses the impacts and implications of the proposal on the adjacent road network would need to be prepared and submitted with any application for the road closure. If you require further information, please contact me on Ph. 02 9942 2918. Yours faithfully, Dominic Varde Senior Property Officer