The original motion was moved by Councillor
Jarrett, seconded by Councillor Chan.
It is resolved that:
(A)
Council note:
(i)
the Heritage Floor Space (HFS) scheme is currently
governed by the Sydney Local Environment Plan 2012 (LEP) and the Sydney
Development Control Plan 2012 (DCP);
(ii)
both the LEP and the DCP were constructed to
achieve the objects of the Environmental Planning and Assessment Act 1979 which
include:
(a)
promoting
the orderly and economic use and development of land;
(a)
promoting
the sustainable management of built and cultural heritage; and
(b)
promoting
the proper construction and maintenance of buildings, including the protection
of the health and safety of their occupants;
(iii) the objective
of the HFS scheme governed by clause 6.10 of the Sydney LEP is ‘to provide an
incentive for the conservation and on-going maintenance of heritage buildings
within Central Sydney’;
(iv) within the
LEP, there is no distinction drawn regarding the formula and amount of
HFS to be awarded to rateable and non-rateable buildings;
(v) clause
5.1.6.3 of the DCP provides the current working formula for HFS whereby the
maximum HFS awarded to rateable and non-rateable buildings is governed by two
separate and distinct formulas;
(vi) many
landowners of non-rateable buildings are charitable and not-for-profit
organisations such as synagogues and churches who are heavily reliant on
funding conservation works from their membership fees and donations;
(vii) the current
DCP formulas could provide a disincentive for not-for-profit organisations from
seeking an award under the HFS scheme, however
their buildings are often highly significant and more costly to maintain
because of their unique construction and rarity;
(viii) while there
has been a lack of applications for HFS awards over the past 25 years made by
non-rateable buildings, in 2015, Council amended the scheme to allow rateable
and non-rateable landowners to apply for a HFS award again after 25 years
following a previous HFS award;
(ix) City staff
have met with representatives of religious organisations who own buildings
within our Local Government Area about concerns relating to the HFS formula for
non-rateable buildings; and
(x) City staff
are reviewing the HFS formulae as part of the LEP and DCP review and will
report back to Council; and
(B) the Chief
Executive Officer be requested to:
(i)
provide an explanation for the different
formulae applied to calculate the HFS award for rateable and non-rateable
buildings via a CEO Update; and
(ii)
provide an update on the City’s review of the
HFS formula for non-rateable buildings in the DCP as a part of the review of
the LEP and DCP via a CEO Update or report back to Council, as appropriate.
The amended
motion was carried unanimously.
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