What is the current status?

The Minister for Planning has Refused the Application

The Minister for Planning, The Hon Kristina Keneally MP refused the Ashington proposal on 28 September 2009. The reasons for refusal are:

1. The height, bulk and scale of the tower elements are incompatible with the character of the Double Bay Centre. The tower elements will dominate the immediate surrounds and will contribute negatively to the immediate and local context of the Double Bay Centre.
2. The tower elements will result in unacceptable visual impact in terms of height and bulk.
3. The proposal will have an unacceptable impact on the amenity of the adjoining properties, particularly on the northern boundary of the site. The proposal will create unacceptable amenity impacts in relation to noise and privacy.
4. The proposal will create an unacceptable impact on the Transvaal Heritage Conservation Area as identified in the Woollahra Local Environmental Plan 1995.
5. The proposal does not satisfactorily justify the inconsistencies with the floor space ratio and height controls identified in the Woollahra Local Environmental Plan 1995 and Woollahra Double Bay Centre DCP 2002.
6. The proposal is not in the public interest. The impacts of the tower elements on the character of the locality are not outweighed by any potential public benefit resulting from the piazza and public domain improvements (including pedestrian linkages).

Council has made a submission to the Department of Planning on the Preferred Project Report

On 14 September 2009 our Urban Planning Committee considered a report (PDF) on the current status of the proposal.This report provided an overview of the proponent's preferred project report. The preferred project report was published on the Department of Planning's web site on 26 August 2009. The report provides the proponent's response to the key issues , provides an analysis of three additional design options, outlines proposed modifications to the design, and contains a revised statement of commitments.

The proposal for which approval is sought has been amended. The key changes are:

• a reduction in height of the eastern tower from 15 to 12 storeys
• the eastern tower being set back an additional 3m from Cross Street
• the western tower being increased in size by 90 square metres on each level
• car parking increased from 107 to 135 spaces.

In our opinion these changes do not address our key concerns about the scale, bulk and height of the proposal and do not change the relevance and merit of our original submission.

Council, on 14 September 2009, as a matter of urgency, considered the recommendations from the Urban Planning Committee. It resolved to make a further submission to the Department of Planning responding to the amendments included with the preferred project report.

Our submission on the Preferred Project Report was sent to the Department of Planning on 22 September 2009. The submission argues that:

• the proposal is still too big, too high and is contrary to the objectives of our local controls
• the proponent's claim that Double Bay needs a landmark building is not supported by any independent planning study or the the East Subregion Draft Subregional Strategy 2007
• Part 3A of the Environmental Planning and Assessment Act 1979 should not be used as a mechanism to override local controls
• the Gross Floor Area of the proposed building is greater than the floor area of the existing building
• the proposal should be refused. 

NSW Government Architect's review

On 17 August 2009 the Department of Planning announced the appointment of the NSW Government Architect, Peter Mould, to review the proposal, see the Department's news release.

Council's submission to the Department of Planning on 9 June 2009

Woollahra Council has made a detailed submission to the Director General of the Department of Planning strenuously objecting to the proposal.

Council's submission (PDF 2.9 mb) to the Department of Planning in relation to the proposed development at 33 Cross St, Double Bay was made on 9 June 2009.

Public information briefing on 7 May 2009

Council hosted a public information briefing at Cranbrook School Carter Hall on Thursday 7 May from 6.00pm - 8.00pm. This information briefing informed residents of what is being proposed and how a submission can be lodged. View the powerpoint presentation (PDF 4.6 mb) from the public briefing.

What is the proposed development?

The Department of Planning advised us by letter dated 10 April 2009 (PDF) that it has received an application from Ashington Capital Ltd for a mixed use hotel, residential and retail development on the site of the Stamford Plaza Hotel at 33 Cross Street, Double Bay.

The application was lodged pursuant to Part 3A of the Environmental Planning and Assessment Act 1979 as the Minister decided that it was a Major Project. Among other things, this means that the Minister for Planning is the approval authority for the application rather than ourselves.

The application includes an Environmental Assessment prepared on behalf of Ashington.

Public exhibition

The Environmental Assessment for the proposal and supporting documentation was on exhibition from Wednesday 15 April 2009 until Friday 5 June 2009. The Department of Planning's major projects website contains:

• a description of the proposal
• information about part 3A
• exhibition details, i.e. the dates of exhibition and where the Environmental Assessment can be exhibited
• information about making submissions

Background information

Architectus Sydney Pty Ltd (Architectus) made a request (PDF) to the Department of Planning on 23 May 2008 to declare the redevelopment of the Stamford Plaza Hotel a major project under part 3A of the Environmental Planning and Assessment Act, 1979.

The request included a Preliminary Environmental Assessment (PDF) prepared by Architectus.

The Department of Planning's Director-General issued requirements (PDF) for the assessment of the project on 22 August 2008.

The Minister's decision to declare the proposal a major project means that the Minister is the approval authority and not the Council.

A report (PDF) was considered by our Strategic & Corporate Committee on 25 November 2008 regarding the:

• Minister's decision to declare the proposal a major development
• Part 3A requirements of the Environmental Planning and Assessment Act
• details of the proposed development
• the merits of the proposal based on an assessment against the planning controls
• options available to Council

This resulted in the Council resolving to advise the Department of Planning that the proposal should be rejected because it was contrary to our planning controls for Double Bay, it would be out of character with Double Bay and would reduce tourism facilities.

Council also decided to:

• inform the Minister of its unanimous decision on 17 November 2008 (this decision was to strongly condemn the Minister's decision to call in the development, to facilitate public meetings to brief our community on the application, its implications and to invite submissions)
• request the Minister to return the development application to us for assessment and determination
• support the 'No High Rise in Double Bay' public meeting held on 30 November 2008 in Steyne Park.

At the Council meeting on 6 April 2009 we decided to:

1. request the Minister to extend the period for public viewing and submissions under s75H(3) to a minimum of 60 days in view of the size and complexity of the project. The exhibition was extended to 5 June 2009.
2. in view of the approximate halving of on site parking (from that existing) as publicly foreshadowed by the developer, the Council retain consultant traffic and parking engineers to assess the environmental assessment once lodged with the Minister. Independant traffic consultants have submitted their report.
3. provide the Department (to the extent it has not already done so) with a list of all property owners in the Municipality for the purposes of public notification and consultation under s75H. The department advised that it will not advise all property owners.  
4. notify in writing every resident in the Double Bay, Cooper and Bellevue Hill Wards of the availability for inspection of such environmental assessment and encourage them to write to the Minister with their views and any objections within the consultation period. We arranged for all properties to be notified.