FAQs
the general outcomes are consistent with State and local strategic planning frameworks; and
whether the proposal has merit on the specific site.
What does this Planning Proposal allow?
On 29th June 2020 Council resolved (Council report PLN015-20) to support the exhibition of a Planning Proposal which seeks to amend Sutherland Shire Local Environmental Plan 2015 (SSLEP2015). The Proposal applies to 138-144 Cronulla Street and proposes to increase the floor space ratio from 2:1 to 2.9:1, subject to the entire building being for the purposes of commercial premises.
Floor Space Ratio (FSR) is the amount of floor space of a building relative to the size of the site. A FSR of 2:1 means the maximum amount of floor space permitted is 2 times the site area. The floor space can be arranged in multiple storeys over the site.
A residential development of the site would not get the benefit of the additional floor space increase as the development must be for commercial purposes.
The proposal does not increase the maximum permitted height (25m).
Why must Council consider an increase to the floor space provision?
Under the NSW Planning framework land owners can seek to amend the provisions of Local Environmental Plans via a planning proposal. Councils are required to determine whether a proposal demonstrates strategic merit on two aspects:
Council has determined that the Proposal demonstrates sufficient merit to proceed to public exhibition.
How does this Proposal compare to the previous Proposal?
The previous Proposal (late 2019) sought to increase the height from 25m to 50m (14 storeys) and increase the floor space ratio from 2:1 to 3.75:1. The development comprised a hotel with hospitality and commercial floor space. This previous Proposal was refused by Council on the 24th February 2020 (PLN002-20).
The current proposal applies to increase the floor space ratio from 2:1 to 2.9:1, subject to the entire building being for the purposes of commercial premises.
Floor Space Ratio (FSR) is the amount of floor space of a building relative to the size of the site. A FSR of 2:1 means the maximum amount of floor space permitted is 2 times the site area. The floor space can be arranged in multiple storeys over the site.
A residential development of the site would not get the benefit of the additional floor space increase as the development must be for commercial purposes.
The proposal does not increase the maximum permitted height (25m).
Will any of Monro Park be developed?
No. The development is within the boundary of privately owned land at 138-144 Cronulla Street.
Monro Park will remain the same size and is not subject to this proposal.
What are the benefits of this Proposal?
The NSW planning framework sets directions for Council to provide employment opportunities. The Proposal will achieve this by bringing a day-time workforce to the centre helping to revitalise local shops and support local businesses. Providing local office and co-work space and opportunities will allow local residents to work closer to home.
Since 2015, Sutherland Shire has seen significant development of primarily residential development on the fringes of Cronulla centre. Residents tend to leave an area to go to work and return in the evening. Office development helps revitalise centres more than residential development, bringing more people to a locality, spending time and money throughout the day.
The Proposal will increase the variety of food and drink premises in Cronulla improving the night-time economy. The proposal will increase passive surveillance of both Monro Park and the surrounding area.
Providing hospitality and employment space on the subject site will assist in revitalising the southern end of the mall, at the entry point to Cronulla by train. It will also improve way finding to the beach, enhancing the visitor experience to Cronulla.
Are there any other public benefits?
The applicant has offered to enter into a Planning Agreement with Council for the provision of additional public benefits (public toilets). This matter is yet to be determined and reported to Council. Any Planning Agreement will be the subject of separate public consultation.
Why increase the maximum floor space? Why not comply with current controls?
The NSW planning framework sets directions for Council to provide employment opportunities. Providing more local employment opportunities will allow more local residents to work closer to home and help revitaitlise Cronulla centre. There has not been a multi storey office building constructed in the Sutherland Shire since 2015.
The applicant’s submission is that additional floor space is required to make a wholly commercial building economically feasible. This is because commercial redevelopment in centres is costly as sites are often occupied by established businesses. Residential development rely on off the plan sales to secure financing for development. This option is not usually available to commercial floor space. The applicant has included an Economic Assessment (appendix 3) for further information.
Will the fig trees in Monro Park be affected?
There are two fig trees (Ficus hilli) in Monro Park, located near the subject site. The canopy of the fig trees extends over the subject site. Monro Park is recognised as a local heritage item, and existing fig trees are contributory element of the park. The retention and health of the trees are important to the community.
The applicant has commissioned further arborist advice to determine the extent of pruning that may be required. The Arborist Report states:
The proposed pruning has been calculated to be 3% of the Live Crown Ratio. The proposed pruning has taken into consideration the installation of scaffolding and at least 1m clearance from the proposed building.
The proposed pruning will achieve the aims of AS 4373 – 2007 Pruning of amenity trees: Section 6 i.e. 6.1 Growth habit will be maintained, 6.2 Amount removed is the minimum amount necessary, 6.3 Weight distribution will allow for natural distribution of foliage and weight along the branches & Crown distribution will be maintained.
The ground level assessment in the AAR/JNW 2020 concluded no development impacts to the roots / rootplate of Tree 1.
The arborist reports are exhibited with this Proposal - under Planning Proposal documents.
How can the proposed building be bigger (with more floor space) and yet be the same height?
Unlike residential buildings, a commercial building can be built to the boundary. A commercial building will generally be ‘fatter’ than a residential building. The planning proposal demonstrates that additional floor space can be accommodated in what would be normally be a setback to the northern boundary.
What are the overshadowing impacts of this proposal?
This site is located to the north of the Monro Park and any re-development of this site will cast shadows onto the park in some way. The longest shadows occur at the midwinter (the winter solstice – 21st June), as this is when the sun is lowest in the sky. Throughout the rest of the year, the shadows will be shorter.
The Planning Proposal models shadow impacts associated with a design concept at different times of the day. These are shown in Appendix 4 Urban Design Report (Link).
Below is an extract of the shadowing impacts at midwinter, based on the indicative design concept. The shadow analysis demonstrates that this proposal results in similar levels of overshadowing to Monro Park in midwinter as a compliant proposal. The additional floor space will only result in additional overshadowing very late afternoon (3pm), when shadows are marginally increased to Surf Lane.
The Proposal, if successful, will require the submission of a Development Application for the detailed design of the building, and overshadowing would be the subject of a further detailed assessment.
Why is the Development Control Plan being amended?
Development Control Plans provide more detailed provisions and guidance for the development of specific sites.
The building envelope defined by the current Sutherland Shire Development Control Plan 2015 (SSDCP2015) assumed the site would be redeveloped for residential units.
Unlike residential buildings, a commercial building can be built to the boundary. A commercial building will generally be ‘fatter’ than a residential building. The planning proposal demonstrates that additional floor space can be accommodated in what would be normally be a setback to the northern boundary.
The DCP amendment below provides for alternate built form for a wholly commercial building - as shown below. The height remains unchanged.
Could the building be converted to a residential flat later?
The proposed additional floor space is only available to an application for a 100% commercial building.
Should a developer wish to convert the building to a residential flat building, development consent is required.
Residential flat buildings must meet the design requirements of State policy, including standards for setback for privacy and amenity, solar access, cross ventilation and the like. Conversion of buildings that do not meet these design requirements are unlikely to gain approval.
Will this Proposal create a precedent for additional floor space in Cronulla?
This Planning Proposal is site specific. Any person can lodge an application to Council to change the rules set out in Council’s Local Environmental Plan. Every application is assessed on merit. Planning Proposals must demonstrate strategic merit and site specific merit to proceed.
Monro Park is an alcohol free zone, why is a pub being allowed in this location?
The current zoning of the site allows a pub. This proposal does not change the permissible uses on the site. A pub requires development consent.
What about traffic congestion and parking?
The southern section of Cronulla is particularly constrained in terms of road access, with poor traffic flows and high demand for parking at peak times. Vehicular access to the site is only practical via Surf Lane.
A Transport Assessment Report prepared by Anson Group has been submitted with the Planning Proposal (Appendix 2).
How can I make a submission or get more information?
The draft Planning Proposal is on public exhibition from 4th November 2020 to 6th January 2020, and can be viewed on Councils website via join the conversation. Written submissions can be made to Council.
Email: ssc@ssc.nsw.gov.au
Anyone making a submission is also required to disclose any political donation or gift made to any councillor or council employee. Please be advised that all submission received in response to the draft amendment will be available as public record.
For further information please contact the Strategic Planning Unit on 02 9710 0800.
What happens next?
The Proposal and all submissions will be considered by Council following this public exhibition. If the Proposal is considered to have merit and supported by Council, it will be forwarded to the State Government to be made.
If Council decides to refuse the Proposal, the applicant may ask the State government to review the decision and proceed with the Proposal.