Fosters,
the site’s owner, submitted its Concept Plan to the Minister for Planning in
October 2006, after the Minister took control of the redevelopment from Council
in May. The Concept Plan is the official document used to assess planning
approval for the development.
In
November, Fosters sought Council consent to include some Council land in its
plan, including part of Balfour
Street and Irving Lane for a new 5,000 square metre
park, part of Balfour Street
for a new pocket park, and changed access from Regent Street involving part of Kensington Street.
Through
a legal deed with Fosters that covers the proposed use of Council’s land, the
City has gained assurance that the site developer will:
- use reasonable
endeavours to complete and open the new public park of at least 5,000sqm
by 31 December 2010; - consult with the
City in preparing the detailed design of the new public park; - complete a new
pocket park at Balfour Street
or reimburse the City for its work, if Council proceeds with the project
sooner; and - transfer similar
obligations to any subsequent purchaser of the site.
With
these legally binding assurances, the City has given its consent for Fosters to
include the specified land in its Concept Plan, but only for public uses and
ensuring that the land remains in public ownership. Fosters has confirmed that
the Voluntary Planning Agreement with the Minister (the mechanism to ensure all
public benefits) is being amended consistent with the owner’s consent deed.
This
is only the first of many approvals required before construction and does not
bind the City to any future approval or allow Fosters to do any work on Council
land. It does not prevent Council from doing any work that it may pursue under
its own capital works programme.
The
Minister can approve the Concept Plan without this owner’s consent, but the
land would then not formally be part of the endorsed Concept Plan, potentially
leading to a fragmented park divided by these sections of roadway or imposing
the cost of any works on Council.