4. Settlement City Precinct Planning Proposal ... - Hastings Council

24 April 2013
The General Manager
Port Macquarie Hastings Council
P O Box 84
PORT MACQUARIE NSW 2444
ATTENTION: Mr Tim Molloy
Dear Tim
RE:
PROPOSED PLANNING AGREEMENT – KMART DEVELOPMENT
LOT 2 DP 1163062 WARLTERS STREET PORT MACQUARIE
We refer to our meeting on 27 November 2012 with Port Macquarie Hastings Council’s (Council) Peter
Cameron Tim Molloy Sandra Bush and David Troemel to discuss the Heads of Agreement for the Planning
Agreement. We also refer to our letter of offer dated 29 November 2012.
Kmart Australia Limited (Kmart) is the owner of land at Lot 2 DP 1163062 Warlters Street, Port Macquarie
(Land).
As you know, Kmart:
seeks an amendment of the Port Macquarie-Hastings Local Environmental Plan 2011 (LEP
Amendment); and
intends to lodge a development application for the development of the Land for retail purposes
(Proposed Development).
Further to our initial letter of offer dated 29 November 2012 and subsequent discussions with Council, the
purpose of this letter is to consolidate Kmart’s offer to enter into a Planning Agreement with Council in
connection with the LEP Amendment and the Proposed Development, pursuant to section 93F of the
Environment & Planning Assessment Act 1979 to provide the development contributions set out in this
letter of offer.
LEP Amendment
Kmart seeks an amendment to the Port Macquarie-Hastings LEP 2011 as follows:
Amendment of the Floor Space Ratio Map (Sheet FSR-013FA) to apply a consistent 2.00:1 FSR
on the Land. This will result in the application of an identical FSR on the Land to that which
currently applies to the adjoining St Joseph’s Primary School and Settlement City properties.
Amendment of the Height of Building Map (Sheet HOB-013FA) to:
‣ Apply a Maximum Building Height of 16m over the Land apart from the Landmark site on
the corner of Park and Warlters Streets which already has a height limit of 19m. The

esult of this amendment will be that land upon which a 5.4m or 11.5m height limit
currently applies will have a new Height of Building limit of 16m.
‣ We have provided Council with a separate submission on the LEP Amendment and note
that as previous submissions have confirmed, the application of a consistent 16m HOB
limit across the Land, supported by the provisions of the Planning Agreement, will not
impact upon the important views and connectivity provisions identified in the Settlement
City Precinct Structure Plan.
VPA offer
Kmart offers to enter into a planning agreement with Council in connection with the LEP Amendment and
the Proposed Development to provide the development contributions outlined below in the event that the
LEP Amendment is made and development consent is granted for the Proposed Development.
1 East West Pedestrian Connection
Kmart offers to:
Provide the East-West Pedestrian Connection (EWPC) generally as shown on the attached
Map 1. The purpose of the EWPC is to provide long term unimpeded pedestrian access to
the adjoining western property as part of a broader pedestrian network within the Settlement
City Precinct. The EWPC is to be a minimum of 8 metres wide at its intersection with the
western boundary of the Land.
Widen the EWPC to a minimum width of 8 metres as part of a potential future retail
development on the northern side of the current location of the EWPC generally as shown
on Map 1 attached or to a width and form as agreed by the parties, acting reasonably.
2 North-South “Main Street” Connection
Kmart offers to:
Provide the North-South “Main Street” connection (NSMSC) between Warlters Street and Park
Street generally in the location shown on Map 1 attached as part of the first stage of the
Proposed Development. It is proposed to retain the NSMSC in the long term as a vehicular
access road with no building structures built over it (apart from awnings over pedestrian
footpaths or as agreed between the parties).
Maps 1 and 2 generally set out the following components of the NSMSC:
‣ access arrangements at Warlters Street;
‣ extent of road carriageways, parallel parking, pedestrian footpaths and landscaping
along the “Main Street”;
‣ proposed access points to the eastern and western carparks;
‣ Town Square;
‣ relationship between the NSMSC and the EWPC and Town Square; and
‣ access arrangements at Park Street.
Widen the footpath on the eastern side of the NSMSC to a minimum width of 4 metres as part of
a potential future development on the eastern side of the NSMSC or to a width and form as
agreed by the parties.

3 Town Square
Kmart offers to provide the Town Square generally as shown on Map 1 (attached). Kmart agrees
that if a further development application is lodged for the Land (other than a development
application for the Proposed Development), the Town Square will be expanded having regard to the
nature and scale of the development and as determined by Kmart and Council, acting reasonably.
4 Park Street / Warlters Street Intersection
Kmart offers to undertake the intersection works including traffic signals at the intersection of
Park and Warlters Streets (item 1 in Table 1.2 of the Draft S94 Settlement City Precinct Roads
Contribution Plan (Draft CP)).
Kmart seeks an offset against contributions proposed to be levied under the Draft CP for the
Proposed Development to the value of these intersection works.
5 Warlters Street Link - Park Street to Aston Street
Kmart offers to undertake the road works associated with converting the frontage of the Land
along Warlters Streets (or part thereof) to a four lane median separated carriageway (item 9 in
Table 1.2 of the Draft CP) generally as shown on Map 1 (attached).
The extent of the works proposed have been designed at concept design level by TTM
Consulting (GC) Pty Ltd (TTM) and are generally shown on Map 1 and Map 3 (attached). The
proposed roadworks are based on the 27m wide road reserve previously submitted to, and
acknowledged by, Council as being acceptable. We note that Council is to update the
construction cost estimates based on the 27m wide road reserve.
Kmart seeks an offset against contributions to be levied under the Draft CP for the Proposed
Development to the value of the Warlters Street roadworks.
6 Road Widening in Warlters Street
In addition to providing the Warlters Street roadworks, Kmart offers to dedicate land to the Council
along the frontage of the Land to facilitate the widening of Warlters Street to a 27m wide road
reserve as follows:
Kmart offers to dedicate 38.28% (2.68 m) of the proposed 7 m wide road widening in Warlters
Street free of cost to Council as public road generally as shown on Map 4 attached. However,
Kmart seeks a contribution offset against developer contributions levied under the Draft CP for
61.72% (4.32 m) of the proposed 7 m wide road widening in Warlters Street.
The value of the contribution offset is calculated as 1116m2 @ $325 /m2 to give a value of
$362,700. This offer is based on:
o The Settlement City Precinct Road Network Study (November 2009) prepared by TTM.
o Further advice from TTM dated 21 March 2013 providing interpretation of the above
Study (attached).
o The relative areas of the Land, the St Joseph's primary school site and the Council
owned B3 zoned land with frontages to Warlters Street.
o The exclusion of the area occupied by the Main Street within the Land.
Kmart also offers to dedicate as public road the land required for the splay corner on the corner
of Warlters Street and Park Street. Dimensional details relating to the splay corner will be
submitted as part of the development application for the Proposed Development.
Kmart does not seek an offset against contributions proposed to be levied under the Draft CP
with respect to the value of the land required to be dedicated as the splay corner.

6. Park Street Pedestrian Facility (PSPF)
Kmart offers to undertake road works to provide the PSPF, being a raised pedestrian facility
incorporating a signalised pelican crossing linking the proposed Town Square with the Marina
Precinct generally as shown on Map 1 (attached). The purpose of the PSPF is to:
replace and upgrade the existing pedestrian facility in Park Street (see photo below); and
encourage walkability into and through the Settlement City Precinct and provide a safe and
convenient pedestrian crossing point that will link the Settlement City Precinct to the nearby
foreshore public reserve and the CBD, consistent with the aims and objectives for the
Settlement City Precinct in the draft Port Macquarie-Hastings Development Control Plan 2011.
Kmart seeks an offset against contributions proposed to be levied under the Draft CP for the
Proposed Development to the value of 60% of the total cost of the works associated with the PSPF.
Section 94 credits
As is clear from the above, Kmart is offering to provide development contributions under the Planning
Agreement which are well in excess of anticipated section 94 contributions for the Proposed Development.
Consistent with Council's approach under other planning agreements, this offer is on the basis that there is
an ability under the Planning Agreement to apply any surplus in the value of the development contributions
to be provided under this Planning Agreement (as compared to the section 94 contributions required for the
Proposed Development) (Contribution Credits) towards requirements to pay development contributions
for other developments to be carried out by Kmart (or its successors), or other land owners within the
Settlement City Precinct.
This offer is also made on the basis that:
Kmart can apply to the Council for a payment of the value of the Contribution Credit where
Council’s s94 fund for local roads relating to the Settlement City Precinct is in credit and Kmart
has a Contribution Credit; and
Council will pay the Contribution Credit if the s94 funds are not required as part of an obligation
to another developer or for scheduled works under the Draft DCP.

We thank you for the opportunity to make this offer and look forward to meeting with you this week to
discuss the above matters further.
Should you have any queries regarding the above matter please do not hesitate to contact the writer.
Yours faithfully
Ian Williams
Regional Property Manager
Kmart Australia Ltd.

LIFT
up
RLO
ENT.
IL-694-50
30
R
TIEMAN
2900x2360mm
TABLE
LIFT
31
R
50
R
51
R
19060 (1:100
FALL)
19
METER
SECTION C
9120 (1:8
FALL)
27m
2.90
2.60
2.60
2.60
2.60
2.60
2.90
SECTION D
SECTION E
T T
PEDESTRIAN CROSSING WORKS
T T
INTERSECTION WORKS
PRELIMINARY ONLY - DO NOT USE FOR CONSTRUCTION
K+C REF: L:\5335_KMart Warlters St\Planning\ 5335P_Carpark.dwg - A3(L)-VPA_Map1, 02- May- 2013, michaelw
2.90
2.60 2.60 2.60 2.60
2.60 2.60 2.60 2.60 2.60 2.60 2.60
2.60
2.60
GOODS
2.90 2.60
4.50
33
32
31
30
29
28
27
26
25
24
23
22
21
20
19
18
4.80
4.50
2.90
34
2.60
35
2.60
36
5.40
LAYBY
5.40
4.80
4.80
2.90
LOCK-UP
86
2.60
37
5.40
17
2.90
2.60
38
84
2.60
16
2.60
2.60
39
83
2.60
15
2.60
2.60
40
82
2.60
14
2.60
CHAIN MESH
ROOF
2.60
41
81
2.60
13
2.60
2.60
42
80
2.60
2.60
3800W X
4200H
12
2.60
43
79
2.60
11
2.60
2.60
44
78
2.60
10
2.60
2.60
45
77
2.60
87 89 89 90 91 92 93 94 95 96 97 98 99 100 101
102 103 104
133
2.90
2.90
134
85
2.60
132
2.60
2.60
135
131
2.60
2.60
136
130
2.60
2.60
137
129
2.60
2.60
138
128
2.60
2.60
139
127
2.60
2.60
140
126
2.60
2.60
141
125
2.60
2.60
142
124
2.60
2.60
143
9
2.40
2.60
46
76
2.60
123
2.60
2.60
144
2.90
47
4.20
75
2.60
122
2.60
2.60
145
8
5.40
2.40
74
2.60
121
2.60
2.60
146
73
2.60
120
2.60
2.60
147
72
2.90
119
2.90
2.90
148
2.90
48
71
2.90
118
2.90
2.90
149
2.60
49
70
2.60
117
2.60
2.60
150
2.60
50
69
2.60
116
2.60
2.60
151
2.60
51
68
2.90
105
115
2.60
2.60
152
5.40
5.40
2.90
52
114
2.60
2.60
153
5.40
113
2.60
2.60
154
7
5.40
2.40
5.40
53
54
112 111
2.60 2.60
2.60 2.60
155 156
2.90 2.30 2.30 2.30 2.30
55
110
2.60
2.60
157
56
109
57
108 107
2.60 2.60 2.60 2.90
2.60 2.60 2.60
158 159 160
6 5 4 3 2 1
2.40 2.60 2.60 2.60 2.60 2.90
58
2.30 2.30
59
60
2.30 2.30
106
2.90
161
61
5.40
4.80
4.80
62
2.30 2.30
63
64
2.30 2.30
65
66
19.9
2.30 2.90
67
5.40
35.2
6.40
6.10
6.10
17.5m
6.10
6.40
6.10
2.10
2.10
11
10
8
7
6
2.10
9
3
1
2
4
2.10
5
6.10
6.10
6.10
6.40
6.40
2.60
2.60 2.60
2.60 2.60 2.60 2.60
2.60
2.90
2.60
2.60
2.60
2.60
2.90
2.60 2.60 2.60 2.90
5.40 1
2
3
4
5
6
7
8
9
10
11
12
13
5.38
5.40
14
15
16
17
87
88
89
90
5.40
18
19
20
5.40
86
5.40
5.40
85
2.90
SECTION B
21 22
2.90 2.60
4.80
4.80
84
4.80
4.80
4.80
4.80
4.80
4.80
2.60
170
2.90
2.90
203
2.90
23
2.60
83
2.60
82
2.60
91 92 93
2.90 2.60 2.60
2.90 2.60 2.60
95 96 97
102
103 104
2.90 2.60 2.60
2.90 2.60 2.60
135 134 133
136
2.90
2.90
169
81
2.60
94
2.90
2.60
98
105
2.60
2.60
132
137 138 139
2.60 2.60 2.60
2.60 2.60 2.60
168 167 166
171 172 173
2.60 2.60 2.60
2.60 2.60 2.60
202 201 200
24 25 26
2.60 2.60 2.60
80
4.80
SECTION A
2.60
2.60
99
106
2.60
2.60
131
140
2.60
2.60
165
174
2.60
2.60
199
27
2.60
79
2.60 2.60 2.60 2.60 2.60 2.60 2.60 2.60
78
2.60
100
107
2.60
2.60
130
141
2.60
2.60
164
175
2.60
2.60
198
28
2.60
77
2.90
101
108
2.60
2.60
129
142
2.60
2.60
163
176
2.60
2.60
197
29
2.60
4.80
76
109
2.60
2.60
128
143
2.60
2.60
162
177
2.60
2.60
196
30
2.60
75
110
2.60
2.60
127
144
2.60
2.60
161
178
2.60
2.60
195
31
2.60
74
111
2.60
2.60
126
145
2.60
2.60
160
179
2.60
2.60
194
32
2.60
73
112
2.60
2.60
125
146
2.60
2.60
159
180
2.60
2.60
193
33
2.60
72
113
2.60
2.60
124
147
2.60
2.60
158
181
2.60
2.60
192
34
2.60
71
2.60 2.60 2.60 2.60 2.60 2.60
70
114
2.60
2.60
123
148
2.60
2.60
157
182
2.60
2.60
191
35
2.60
69
115
2.60
2.60
122
149
2.60
2.60
156
183
2.60
2.60
190
36
2.60
68
116
2.60
2.60
121
150
2.60
2.60
155
184
2.60
2.60
189
37
2.60
67
117
2.60
2.60
120
151
2.60
2.60
154
185
2.60
2.60
188
38
2.60
66
118
2.90
2.90
119
152
2.90
2.90
153
186
2.90
2.90
187
39
2.90
4.80
4.80
4.80
4.80
4.80
4.80
5.40
65
2.60 2.60
64
63
5.40
2.60 2.90
62
61
60
59
58
57
56
55
54
53
52
51
50
49
48
47
46
45
44
43
42
41
40
4.80
2.60 2.60 2.60 2.90
2.60
2.60
2.60
2.60
2.60
2.90
2.60
2.60
2.60
2.60
2.60
2.60
2.60
2.60
2.60
2.60
2.60
2.60
WARLTERS STREET UPGRADE WORKS
TOWN SQUARE
MAIN STREET
EAST WEST PEDESTRIAN CONNECTION
KING + CAMPBELL
King & Campbell Pty Ltd
www.kingcampbell.com.au
A: PO Box 243 Port Macquarie NSW 2444
T: 02 6586 2555
F: 02 6583 4064
E: info@kingcampbell.com.au
REV. DATE DESCRIPTION
A 08.01.2013 ISSUED FOR PLANNING AGREEMENT
B 01.05.2013 ISSUED FOR PLANNING AGREEMENT
C 02.05.2013 REVISED PARKING AND CROSSING - FOR VPA
DATUM:
0
AHD
SCALE:
25.0
1:1000 @ A3
NOTE: DO NOT SCALE OFF DRAWINGS. USE FIGURED DIMENSIONS ONLY.
REPORT ANY DISCREPANCIES TO THE AUTHOR. THIS DRAWING, BEING THE
PROPERTY OF KING & CAMPBELL PTY LTD, IS PROTECTED BY COPYRIGHT
AND MUST NOT BE USED , REPRODUCED OR COPIED WHOLLY OR IN PART
WITHOUT THE WRITTEN PERMISSION OF KING & CAMPBELL PTY LTD.
© King & Campbell Pty Ltd
PROJECT NO:
DA NO.:
DESIGNED BY:
DRAWN BY:
CHECKED BY:
DATE CREATED:
5335
DAT/MW
MW
AJT
JAN 2013
DRAWING TITLE:
PROJECT:
CLIENT:
KMART PORT MACQUARIE - PLANNING AGREEMENT
LOT 2 DP 1163063
WALTERS STREET, PORT MACQUARIE
KMART AUSTRALIA LTD
DRAWING NO:
SHEET:
REVISION:
5335P_Carpark 01 C

BAY STREET
PARK
(A)
K+C REF: L:\5335_KMart Warlters St\Planning\AutoCAD\ 5335P_Road Widening.dwg - A3(L)- Road Widening, 01- May- 2013, michaelw
KING + CAMPBELL
2
DP 1163062
WARLTERS STREET
King & Campbell Pty Ltd
www.kingcampbell.com.au
A: PO Box 243 Port Macquarie NSW 2444
T: 02 6586 2555
F: 02 6583 4064
E: info@kingcampbell.com.au
REV. DATE DESCRIPTION
A 15.01.2013 ISSUED FOR PLANNING AGREEMENT
B 22.03.2013 ISSUED FOR PLANNING AGREEMENT
C 24.04.2013 ISSUED FOR PLANNING AGREEMENT
D 01.05.2013 ISSUED FOR PLANNING AGREEMENT
DATUM:
0
NA
© King & Campbell Pty Ltd
SCALE:
31.3
27m
1:1250 @ A3
NOTE: DO NOT SCALE OFF DRAWINGS. USE FIGURED DIMENSIONS ONLY.
REPORT ANY DISCREPANCIES TO THE AUTHOR. THIS DRAWING, BEING THE
PROPERTY OF KING & CAMPBELL PTY LTD, IS PROTECTED BY COPYRIGHT
AND MUST NOT BE USED , REPRODUCED OR COPIED WHOLLY OR IN PART
WITHOUT THE WRITTEN PERMISSION OF KING & CAMPBELL PTY LTD.
PROJECT NO:
DA NO.:
DESIGNED BY:
DRAWN BY:
CHECKED BY:
DATE CREATED:
5335
-
NA
SK
AJT
JAN 2013
2.68m ROAD WIDENING
(KMART PROPORTION
WITHOUT COMPENSATION)
DRAWING TITLE:
PROJECT:
CLIENT:
27m
STREET
KMART PORT MACQUARIE
ROAD WIDENING
TO 27m WIDE
(REQUIRES 1116m² OF
ROAD WIDENING)
LOT 2 DP 1163063
WARLTERS STREET, PORT MACQUARIE NSW
KMART AUSTRALIA LTD
EXISTING ROAD BOUNDARY
DRAWING NO:
SPLAY
CORNER
SHEET:
REVISION:
5335P_Road Widening 01 D