You can see the approval, conditions, approval reasons as well
as the material considered by the IPC here.
The documents prior to this and the final approvals can also be found on the
DPE website Bays
1-4a, Locomotive Workshop and Bays
5-15, Locomotive Workshop.
The approval sees a supermarket go into bays 3 & 4 along
with a travelator connecting the Loco to the car park in the basement of the
CBA Building 2. Also approved is the loading bay in the northern end of Bays 1
& 2 as is the ongoing place of the Blacksmith in Bays 1 & 2 South.
The determination also sets out the conditions for the
development. These conditions were drafted initially by the Department of
Planning and Environment (DPE). As there were more than 25 objections to the
development the proposed conditions then go to the IPC and then make the determination and finalise the
consent condition.
In this case, Mirvac requested the IPC for changes to the
conditions as did heritage interests including REDWatch. It is encouraging to
see some of the changes pushed for by heritage interests and REDWatch are reflected
in the final conditions.
What did the IPC Change?
I was asked recently what is the point of doing submissions
in the planning system as things seem to go ahead regardless of what the
community says. We are often not good at looking back on what our input might
have achieved and if we do, we often do not explain what has happened to our
network.
Below I have looked at what changed from the DPE’s draft
conditions and the final IPC conditions. Hopefully, it gives some idea of what
changed as a result of the IPC process and the strong representation from
REDWatch and heritage people about this important development.
Ongoing Heritage Blacksmith’s position strengthened
One key strengthening at the IPC was that the operation of
the Blacksmith is approved in this DA to operate 7 days a week 24 hours a day. Other
occupiers and their fit outs need a subsequent approval. A Blacksmith Plan of
Management is also now required and all parties entering into leases, licences
etc are to be notified of the Blacksmith’s approved operation (F16). The
Blacksmith is also excluded from the general noise control (F6). These conditions
require that:
BLACKSMITH PLAN OF
MANAGEMENT
B46. A plan of
management for the continued operation of the Blacksmith must be submitted and
endorsed by the Secretary prior to the issue of any construction certificate.
The plan of management must be prepared by the Applicant and include: a) the
continued permitted hours of operation: 24 hours and day 7 days per week b) a
complaint register, outlining the nature and location of compliant/s. The
register must also outline what if any mitigation was undertaken by the
Applicant. The register must be provided to the Secretary every 6 months
NOTIFICATION OF BLACKSMITH OPERATIONS
F17. Prior to lease,
licence, sale or the like of any retail or commercial tenancy the prospective
occupants are to be notified in writing that the blacksmith operations have
development consent and are permitted to operate 24 hours per day, 7 days per
week in the area shown on the plan SA-AR-DWG-BB-B4-0330 Revision S, Proposed
Plan – ground floor, prepared by Sissons Architects and dated 17/09/2018.
NOISE CONTROL – GENERAL
F6. The emission of
noise associated with the use of Locomotive Workshop, the operation of any
mechanical plant and equipment, excluding the operations of the Blacksmith,
shall comply with the following criteria: …
These conditions hopefully strengthen the position of the
Blacksmith as a pre-existing use in the building and will help to protect it against
complaints from future tenants.
Stage 2 Heritage Interpretation Plan (HIP) required prior to Construction
Certificate
The conditions proposed by DPE reflected Mirvac’s desire for
the Heritage Interpretation Plan (HIP) to be undertaken prior to Occupation
rather than prior to Construction. REDWatch supported the position of the
Heritage Office, that had been recommended against in the DPE conditions, that
it was necessary for this plan to be done prior to construction.
Our concern was that there needed to be a clear plan before
construction as to how heritage was to be interpreted and where the movable
heritage items were to be located. The new Condition B34 brings the Stage HIP
forward meaning the development has to happen with a pre-exisiting heritage
plan in place. The timing of the Stage 2 HIP also brings forward requirements
for moveable Heritage and the updating of the Moveable Collections Management
Plan (B47 & B48)
Heritage Representation on Community Liaison Group
While REDWatch argued for a separate Heritage Liaison Group in
addition to the Community Liaison Group, the IPC has expanded the Community
Liaison Group to include “a suitably qualified heritage consultant/sand/or heritage
expert/s”.
Loading Dock Management Plan
The draft DPE conditions cover a management plan for the
dock. The final conditions state this should operate “before 8am and after 6pm,
all days”
What we did not get
REDWatch argued that the Heritage Covenant should be
recognised and cited in the conditions. The records show the IPC did obtain a
copy of the Heritage Covenant but it is not referenced in the final approval.
The Covenants were entered into by Mirvac and the NSW Government when the ATP
site was sold but if and how they interact with the DA process has not been
clear.
REDWatch also wanted to ensure there was a stronger role of
heritage voices other than just the statutory bodies of the Heritage Office and
City of Sydney Council. While we did get heritage involvement on the Community
Liaison Group, independent heritage experts were not given the advisory panel
role that we advocated for.
Conclusion
There remains much work to be done around the Stage 2
Heritage Interpretation Plan and the associated heritage instruments. The
changes made in the IPC strengthen the heritage possibilities for what can be achieved
at the Locomotive Workshop. We will only achieve the best possible heritage
outcomes for the Locomotive Workshops if we keep turning up and voicing our concerns
until the last plan is finalised and implemented.