CUB Deed secures Public Benefit

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.