Agenda of Regulatory Council

Regulatory Council 11 August 2008

Item 13.2

DOMESTIC APPLICATION

ITEM NUMBER 13.2

SUBJECT 226-236 Windsor Road, Winston Hills. (Lot 2 DP 772001) (Caroline Chisholm Ward).

DESCRIPTION Internal and external alterations to the existing community centre located within The Willows Retirement Village to facilitate a new coffee shop. (Location Map - Attachment 1)

REFERENCE DA/427/2008 - Submitted 16 June 2008

APPLICANT/S Aevum Limited

OWNERS Strata Plan 34043

REPORT OF Manager Development Services

PURPOSE:

To determine Development Application No. 427/2008 which seeks approval to construct a coffee shop within the existing community centre located within the Willows Retirement Village.

The application has been referred to Council as the subject site is listed as an item of heritage significance (Inv No 638 in Schedule 1) under the Parramatta Local Environmental Plan 1996 (Heritage and Conservation).

RECOMMENDATION

That Council grant consent to Development Application No. 427/2008 subject to standard conditions of consent.

SITE & LOCALITY

1. The site is located on the western side of Windsor Road between Model Farms Road and Woodlands Street. The site is irregular in shape and has a total area of 5.65 hectares. The site comprises of two lots being Lots 2 and 3 in DP 772001.

2. Lot 3 in DP 772001 is vacant and comprises of bushland, while Lot 2 in DP 772001 comprises of ‘The Willows Retirement Village’, which is the subject of this report.

3. The retirement village comprises of 48 serviced self-care apartments, 141 self-care dwellings, a doctor’s consulting room, nurses office, resident services including a multi-purpose hall, hairdresser, library, craft room, kiosk, swimming pool, spa, billiards and games room.

4. There is also a community centre located within the eastern part of the site. The centre comprises of administration facilities, and community facilities including a dining and lounge area. The coffee shop subject of this application is proposed to be located within this community centre.

5. The surrounding area is characterised by residential development to the north and south. Windsor Road, and a child care centre (No 234 Windsor Road) adjoin the site to the east, while bushland is located to the west of the site.

PROPOSAL

6. It is proposed to construct a coffee shop within the existing community centre located within ‘The Willows Retirement Village’.

7. The proposal will involve the following:

7.1 Provision of a serving counter and construction of a preparation area;

7.2 Removal of an existing window and replacement with plasterboard;

7.3 Erection of an external timber deck over an existing concrete and garden area, with the erection of new external stairs to access the deck area; and

7.4 Provision of both indoor and outdoor seating.

8. The coffee shop is to be utilised by residents and visitors of the Willows Retirement Village.

STATUTORY CONTROLS

Parramatta Local Environmental Plan 2001

9. Zoning

9.1 The site is zoned Residential 2(a) under the provisions of PLEP 2001.

9.2 ‘Housing for older people or people with a disability’ is permissible in the Residential 2(a) zone. The subject site comprises of a retirement village development, which is classified as ‘housing for older people or people with a disability’. The proposed coffee shop is ancillary to this use, and is therefore permissible with Council’s consent.

9.3 The proposed coffee shop is consistent with the objectives of the PLEP 2001.

10. Zone 7 – Environmental Protection Land

10.1. The subject site adjoins land that is zoned 7 – Environmental Protection to the rear (Lot 3). The proposed coffee shop is located within an existing community centre that is located at the front of the site on Lot 2 and more than 6m away from the Zone 7 land. As such the proposal will have no adverse impacts on the Environmental Protection Zone, which adjoins the site.

Parramatta Local Environmental Plan 1996 (Heritage and Conservation)

11. The site is identified in Schedule 1 of the Parramatta Local Environmental Plan 1996 (Heritage and Conservation) as a heritage item (Inv No 638), and is significant as it contains European rock carvings. These carvings are located within the rear portion (Lot 3) of the site, and will not be impacted upon by the proposed development which is located within an existing building that is situated at the front of the site on Lot 2.

12. In addition the subject site adjoins a heritage listed building located at 234 Windsor Road (listed in Schedule 1 as Item No 639 (Yareemumba).

13. The development is consistent with the objectives of the Parramatta Local Environmental Plan 1996 (Heritage and Conservation) which seek to conserve existing significant fabrics and settings associated with the heritage significance of heritage items and to ensure that any development does not adversely affect the heritage significance of heritage items and their settings.

Parramatta Development Control Plan 2005 (DCP 2005)

14. The provisions of DCP 2005 have been considered in the assessment of the proposal. The proposal is consistent with the aims and objectives of the Plan.

15. Car Parking

15.1 The coffee shop is proposed to be located within an existing community centre and is to cater for residents and visitors of the retirement village.

15.2 The existing resident and visitor car parking on the site is considered to be sufficient to cater for the demands of the proposed coffee shop.

16. Amenity

16.1 The proposed coffee shop is located within an existing community centre and is to operate from 10am to 4pm, Monday to Sunday.

16.2 The proposed hours of operation are not excessive, and the coffee shop is substantially setback from residential properties that are located both inside the retirement village and external to the village. As such the proposed development is not considered to impact on the amenity of adjoining residential properties.

Parramatta Heritage Development Control Plan – 2001

16. The provisions of the Parramatta Heritage Development Control Plan– 2001 have been considered in the assessment of the proposal. The proposal achieves compliance with the requirements of the DCP and is also consistent with the general principles of the plan.

CONSULTATION

17. In accordance with Council’s Notification DCP, the proposal was notified for a 14 day period between the 25 June 2008 to 9 July 2008. As part of this public consultation, Baulkham Hills Shire Council were notified as properties opposite the site on Windsor Road are under the jurisdiction of Baulkham Hills Shire Council.

18. In addition, the Heritage Committee were notified as the site is heritage listed in the Parramatta Local Environmental Plan 1996 (Heritage and Conservation).

19. The site is also located on the State Heritage Register, but the application was not referred to the NSW Heritage as the proposal affects only one of the new buildings on the site, that has no heritage value. Therefore, in accordance with the Standard Exemption No. 10 (New Buildings) under Section 57 of the NSW Heritage Act, referral to the NSW Heritage Council is not required.

20. In response to notification of the proposal, no submissions were received

ISSUES

Heritage

21. The rear part of the subject site is listed as a heritage item in Schedule 1 (Item No 638 known as ‘European Rock Carvings’) of the Parramatta Local Environmental Plan 2001. Furthermore the site adjoins a heritage item at 234 Windsor Road (Item 639 in Schedule 1). As such Council’s Heritage Advisor has commented on the proposal, as follows:-

“The building is located within Lot 2 of DP 772001. The heritage item (being European Rock Carvings) is located at the far rear of the property, secluded from the views and on part of Lot 3 of the same DP. Another heritage item, the Yareemumba Model Farm, is located in the relative proximity, at 234 Windsor Road.

The European Rock Carvings are also listed in the State Heritage Register. However, the proposal affects only the one of the new buildings on the site and therefore, in accordance with the Standard Exemption No. 10 (New Buildings), referral to the NSW Heritage Council is not required under the Section 57 of the NSW Heritage Act.

The building affected by the proposal has no heritage value. The proposal is for minor additions that would not have a perceptible impact on the exterior of the place or on the presentation of adjacent heritage items.”

22. Accordingly, there are no objections to the proposal on heritage grounds.

23. There are no other planning matters requiring consideration under this development application.

Maya Sarwary

Senior Development Assessment Officer

Attachments:

1View	Location Map	1 Page
2View	Plans and Elevation	3 Pages
3View	Inventory Report	3 Pages
4View	Application History	1 Page

REFERENCE MATERIAL

Regulatory Council 11 August 2008

Item 13.3

DOMESTIC APPLICATION

ITEM NUMBER 13.3

SUBJECT 267 Church Street, Parramatta NSW 2150. (Lots 1-2 DP 400078) (Arthur Phillip Ward).

DESCRIPTION Change of use to a beautician & skincare shop with associated signage. (Location Map - Attachment 2)

REFERENCE DA/327/2008 - Submitted 12 May 2008

APPLICANT/S K M Carey and J L Worthy

OWNERS Huge Vision Pty Ltd

REPORT OF Manager Development Services

PURPOSE:

To determine Development Application No. 327/2008 which seeks approval for the change of use and fitout of existing premises as a beautician and skincare shop with associated signage.

RECOMMENDATION

(a) That Council grant consent to Development Application No. 327/2008 subject to standard conditions and the following non standard conditions:

i) The following signs are approved:

1. Awning sign (plan no. FS.1)

2. Lightbox sign (plan no. FS.3 amended in red)

3. Shopfront exterior sign (plan no. FS.6X amended in red)

4. Website sign on glass shopfront (plan no. FS.12 amended in red)

5. Opening hours sign on glass shopfront (plan no. FS.14 amended in red)

6. Independently owned sign on glass shopfront (plan no. FS.13 amended in red)

The following signs are not approved:

1. Menu of services sign (plan no. FS.8)

2. Poster Panel (Plan no. J02)

No signage is to be illuminated or of flashing variety.

Reason: To comply with City Centre DCP & to protect the amenity of the area.

ii) The hours of operations being restricted to:

Monday, Tuesday, Wednesday & Friday: 10am - 7pm

Thursday: 10am - 9pm

Saturday: 9am - 4pm

Sunday & Public Holidays: Closed.

Any alterations to the above will require further development approval.

Reason: To minimise the impact on the amenity of the area.

PROPOSAL

1. Approval is sought for the change of use and fit out of an existing premises as a beautician and skincare shop with associated signage.

1.1 The proposed hours of operation are Monday, Tuesday, Wednesday & Friday: 10am - 7pmm, Thursday: 10am - 9pm, Saturday: 9am - 4pm, Sunday & Public Holidays: Closed.

1.2 The proposed signage includes the following:

1.2.1 One illuminated underawning sign

1.2.2 One illuminated top hamper sign

1.2.3 One awning fascia sign

1.2.4 List of services behind the glass shopfront

1.2.5 Hours of operation behind the glass shopfront

1.2.6 Website details behind the glass shopfront

1.2.7 Elle Bache poster behind the glass shopfront

SITE & LOCALITY

2. The subject site is known as 267 Church Street Parramatta and the proposed use is to be located within the ground floor tenancy of the two storey building. DA/663/2007 was approved at Council on 17 January 2008 for a change of use on the first floor to an Acupuncture and Chinese Massage Therapy with associated signage and Councils records indicate that the previous use of the ground floor tenancy was for retail. The immediate area is characterised by shops, restaurants and car parking stations.

STATUTORY CONTROLS

Parramatta City Centre Local Environmental Plan 2007

3. The site is zoned Retail Core Zone under Parramatta City Centre Local Environmental Plan 2007 and the proposed fitout and change of use as a beautician and skincare shop, is permissible with the consent of Council. The proposed development is consistent with the objectives of the plan.

Parramatta City Centre Development Control Plan 2007

4. The proposed development is consistent with the objectives and controls of the City Centre Development Control Plan.

CONSULTATION

5. In accordance with Council’s Notification DCP, owners and occupiers of surrounding properties were given notice of the application from 28 May 2008 to 18 June 2008. No submissions were received.

ISSUES

Environment and Health

6. The Development Application was referred to Council’s Environment and Health Officer for assessment. Council’s Environment and Health Officer has no objection to the proposal subject to standard conditions of consent.

Heritage

7. The Development Application was referred to Council’s Heritage Advisor as the site is listed as a Heritage Item of Local significance under Schedule 5 of Parramatta City Centre Local Environmental Plan 2007. The comments are as follows:

7.1 Internally illuminated signs on heritage items in the City Centre Area are not permitted.

7.2 A signage strategy should be lodged with any application for signage on a heritage item in the City Centre Area (see Parramatta City Centre DCP p.61). However, the supplied documents ("signage pack") apply to a generic tenancy and thus do not amount to a signage strategy for the particular heritage item.

7.3 Under the circumstances where there is no signage strategy, it is not acceptable to print "menu of services" on the shopfront.

7.4 Under the circumstances where there is no signage strategy, posters behind the shopfront are not supported. In addition to this, the design of the proposed poster is not compatible with the traditional presentation of the heritage item.

7.5 The size of the above-entry sign proposed appears excessive, as it stretches above the entrance to the adjoining (upper floor) tenancy.

8. The Development Application proposes a total of seven signs, an underawning sign, awning fascia sign, top hamper sign and four signs behind the front glass window. Council’s Heritage Advisor has recommended deleting some signage and restricting all illumination of signage to reduce clutter and maintain the heritage significance of the heritage item.

9. The signage recommended for approval is the awning sign, underawning sign, top hamper sign and the opening hours and website sign on the glass shopfront. Two window signs will be deleted, including the menu of services and a poster behind the glass shopfront to reduce the amount of signage on the heritage item to maintain its heritage significance.

10. It is considered reasonable that three signs be approved which identify the proposed use of the beautician and skincare shop and the signs identifying the hours of operation and the website details.

Parking

11. The proposed beautician and skincare shop is not considered to create additional traffic as no increase in gross floor area is proposed. There is sufficient on street parking available and the subject site is located within close proximity to three car parking stations.

Hours of operation

12. The proposed hours of operation are considered satisfactory as the proposed use as a beautician and skincare shop is not considered to have a negative impact on surrounding amenity and are consistent with the operating times of other businesses in the locality.

Ashleigh Matta

Development Assessment Officer

Attachments:

1View	Plans and Elevations	13 Pages
2View	Locality Map	1 Page

REFERENCE MATERIAL

Regulatory Council 11 August 2008

Item 13.4

DOMESTIC APPLICATION

ITEM NUMBER 13.4

SUBJECT 45 Lower Mount Street, Wentworthville. (Lot 92 DP 17197) (Arthur Phillip Ward).

DESCRIPTION Use of an existing garage as a granny flat. (Location Map - Attachment 1).

REFERENCE DA/806/2007 - Submitted 26 September 2007

APPLICANT/S Mr J Conciatore

OWNERS Mr J & Mrs R R Conciatore

REPORT OF Manager Development Services

PURPOSE:

To determine Development Application No. 806/2007 that seeks approval for a change of use of an approved garage to a granny flat.

The application has been referred to Council due to the number of submissions received.

RECOMMENDATION

(a) That Council grant consent to Development Application No. 806/2007 subject to standard conditions of consent and the following extraordinary conditions:

1. The granny flat is to retain the double garage as per the approved floor plans. The floor area of the granny flat is not to exceed the maximum floor area of 50m2 as indicated on the floor plan.

Reason: To ensure the accommodation of two motor vehicles on the site.

2. An occupation certificate is to be obtained to ensure Compliance with BASIX certificate No.153349S.

Reason: To ensure compliance with the Basix certificate.

3. The windows and doorways located along the eastern elevation of the granny flat are to be protected in accordance with the provisions of Clause 3.7.1.5 of the BCA 2008. In this regard details of the proposed method of protecting these openings are to be submitted and approved by the Council prior to the occupation of the granny flat.

Reason: To ensure compliance with the BCA 2008 in regard to fire safety.

(b) Further that, objectors be notified of Council’s decision.

SITE & LOCALITY

1. The site is located on the eastern side of Lower Mount Street, Wentworthville. The site is a battle axe allotment located directly behind No. 45A L ower Mount Street and has a total area of 1189m2. A dwelling house and separate garage exists on the site. The surrounding development consists of dwelling houses, outbuildings and ancillary development.

2. Lot 92 DP 1007197, known as 45 Lower Mount Street is a battle axe allotment created behind 45A Lower Mount Street Wentworthville. The subject site contains an open stormwater canal at the very rear of the site, a sewer easement which traverses the site to the rear of the dwelling and a drainage easement located along the side boundary of the site.

PROPOSAL

3. It is proposed to convert the existing approved garage into a self contained granny flat. The proposed granny flat will comprise of 2 bedrooms, living, dining kitchen and a bathroom with an attached double garage. The proposed granny flat is located at the front of the existing dwelling and access to the proposed granny flat is via the battle axe handle from Lower Mount Street.

BACKGROUND

4. Development Application No. 87/2002 was lodged on 16^th January 2002 for a single storey dwelling with a detached double garage to be used as a granny flat. The application was approved for a dwelling with a detached garage; the proposed granny flat use was not supported, as granny flats were not permissible at the time the application was lodged. It is also noted that dual occupancies were also not permitted on battle axe allotments at the time this DA was lodged in 2002.

5. Development Application No. 441/2006 was lodged on 26 May 2006 and sought approval to the use of the existing approved garage at 45 Lower Mount Street as a granny flat. The application was refused on 19^th February 2007 as the applicant failed to submit additional information, in particular a BASIX certificate.

6. A subsequent application was lodged on 26 September 2007 (the current DA) and seeks approval to the use of the existing garage as a granny flat.

7. In response to the neighbour notification process 4 submissions have been received. The issues raised by the concerned residents relate to both the subject application and the adjacent dwelling, which is nearing completion and approved in DA 87/2002. The matters raised in relation to the dwelling have been investigated separately by Council’s Building Surveyor resulting in a Notice of Intention to Issue an Order. The terms of the Notice relate to works that need to be completed prior to the dwelling receiving a satisfactory final inspection. It should be noted that the owners have occupied the dwelling subject to the terms of the Notice being suitably complied with, within the nominated time frames.

STATUTORY CONTROLS

Parramatta Local Environmental Plan 2001

8. The site is zoned Residential 2(a) under the provisions of PLEP 2001 Granny flats are permissible within the 2(a) zone with the consent of Council. The proposed granny flat is consistent with the objectives of the PLEP 2001.

Parramatta Development Control Plan 2005

9. The provisions of PDCP2005 have been considered in the assessment of this application and the proposal is consistent with the aims and objectives of PDCP2005.

CONSULTATION

10. In accordance with Council’s Notification DCP, the proposal was notified for a 14 day period between 10 October 2007 and 24 October 2007. In response to the notification 4 submissions were received from Mr W Jenkins, Mr B Jenkins, Mrs J Jenkins and Mr P T Jenkins who are all members of the same family and reside at 41 and 43 Lower Mount Street in 2 separate properties. The issues raised in the submissions are discussed below:

Privacy

11. Submitters raise concern that the windows located in the western wall of the granny flat will allow overlooking into the rear yard of No 45A Lower Mount Street and No. 43 Lower Mount Street.

12. The two windows located in the western wall of the proposed granny flat will serve two bedrooms, having a minimal impact on the neighbour’s privacy given the intended use of these rooms. In addition, the proposed granny flat is single storey with a 1.8m high dividing fence adjacent to these windows which will prevent overlooking from the bedroom windows into adjoining properties. The north elevation relative to No 43 Lower Mount Street has a garage door which faces this boundary and driveway/manoeuvring area which provides significant separation.

The existing garage has already been used as a granny flat

13. Whilst the storeroom in the existing garage had been occupied during the construction of the dwelling, the owners have recently occupied the dwelling and hence the DA before Council is to consider the use of the garage as a granny flat. Development Application 806/2007 has suitably addressed previous issues, and all required documentation has been submitted with this application.

The double garage has been fitted out as usable area with gyprock linings and would not accommodate the parking or manoeuvring of two vehicles

14. A condition will be imposed on the consent requiring the garage to be reinstated to allow the accommodation of 2 vehicles. In addition there is opportunity for manoeuvring within the site to ensure vehicles leave in a forward direction, minimising any potential safety issues.

The dwelling has not been completed and there is outstanding work still required to be completed

15. This is a compliance issue relative to the existing dwelling on site and does not relate to this DA which seeks consent for conversion of the existing garage into a granny flat. Notwithstanding this, in response to this concern Council’s Building Surveyor has carried out a routine final inspection which revealed a number of outstanding items. A Notice of Intention to issue an Order has been issued on the 6 July 2008 requesting that the outstanding items are to be completed before 6/7/09. Whilst this time frame appears extensive the legislation allows a year to complete such works. Furthermore the dwelling is considered fit for occupation and there are no health or safety issues outstanding. The majority of outstanding items relate to certification/certificates which are to be submitted prior to a satisfactory final inspection being granted by Council’s Building Surveyor. It should be noted that at the time the dwelling DA was approved, the legislation did not require an occupation certificate from the nominated PCA, before occupying a dwelling.

There is insufficient landscaping provided on the site.

16. In response to this concern the original application was approved for a dwelling with a detached garage, the requirements relating to landscaping, would have formed part of the initial assessment. This application is for a change of use only; therefore as there is no new development or proposed works on the site, the landscaping as originally approved should remain unchanged. The landscaping will be inspected at a final inspection to ensure compliance with the approved landscape plan for the dwelling. Pursuant to LEP 2001 and DCP 2005, granny flats do not require separate or additional private open space or landscaped area. Sufficient landscaped area and private open space is provided to the rear of the existing dwelling.

17. The proposed change of use is considered to meet the objectives of the 2(a) residential zone having regard to matters raised in the report and will have a minimal impact on the amenity of the neighbouring properties.

18. The proposed granny flat will be 50m2 in floor area 10m2 less than the maximum of 60m2 prescribed in Parramatta LEP 2001.

19. The granny flat will not impact on the amenity of the area as the design of the existing structure being single storey and the orientation of the windows will ensure the existing amenity is maintained.

20. Parking will not be compromised as the existing parking provided satisfies the requirements for the dwelling and the granny flat.

21. This site and the adjoining allotments are well in excess of the minimum of 550m2 required for granny flats and as such noise from the proposal will not be an issue with the proposed use.

Michael Carter

Senior Development Assessment Officer

Attachments:

1View	Location Map	1 Page
2View	Plans and Elevations	4 Pages
3View	Application History	1 Page
4View	Compliance Table for Granny Flat	1 Page

Regulatory Council 11 August 2008

Item 14.1

DEVELOPMENT APPLICATION

ITEM NUMBER 14.1

SUBJECT 78 Gordon Avenue, South Granville. (Lot 1 DP 35007) (Woodville Ward).

DESCRIPTION Construction of a 28 place childcare centre. (Location Map - Attachment 1)

REFERENCE DA/721/2007 - Submitted 3 September 2007

APPLICANT/S Home Zone Construction

OWNERS C Hamze and L Addoug

REPORT OF Manager Development Services

PURPOSE:

To determine Development Application No. 721/2007 which seeks approval for demolition of the existing dwelling and structures on site and construction of a 28 place childcare centre.

The application is being referred to Council for determination as it involves a development relating to a child care centre.

RECOMMENDATION

(a) That Council grant consent to Development Application No. 721/2007 subject to standard conditions and the following extraordinary conditions:

1. The childcare centre shall cater for a maximum 28 children at any one time.

Reason: To comply with the requirements of the Department of Community Services, the Childcare Centres DCP and the terms of this consent.

2. This consent does not authorise the use or operation of the premises as a childcare centre, except where the operator and all employees are in possession of a current and valid license from the NSW Department of Community Services.

Reason: To comply with the Department of Community Services.

3. The days and hours of operation of the childcare centre are restricted to Monday to Friday 7:00am to 7:00pm. The childcare centre is not to operate on public holidays or weekends. An additional 30 minutes at the start and at the conclusion of the day may be used for administrative clean up/set up purposes. Any after-hours events and activities associated with the use as a childcare centre shall require the further approval of Council.

Reason: To minimise the impact on the amenity of the area.

4. On-site parking shall be provided and maintained for 7 vehicles. The spaces are to be clearly marked in accordance with the approved plan.

Reason: To ensure appropriate parking arrangements.

5. The childcare centre shall operate in accordance with the endorsed recommendations under Section 7 of the approved acoustic report prepared by Noise and Sound Services, titled Childcare Noise Assessment and dated April 2008.

Reason: To mitigate noise impacts to adjoining property owners.

6. Prior to the issue of a Construction Certificate, written certification from a suitably qualified person is to be submitted to the Principal Certifying Authority, to certify that the proposed development complies with the requirements of the Children’s Services Regulation, 2004 and any other requirements of the Department of Community Services.

Reason: To ensure that the proposal satisfies legislative requirements.

7. The proponent shall ensure that on-site signage includes an after hours contact telephone number.

Reason: For security purposes.

8. Two of the 4 stacked car parking spaces within the garage are to be used by the employees. The other two spaces can also be used by the parents as well as employees. These spaces are to be accessible at all times during operation of the childcare centre.

Reason: To ensure compliance with this consent.

9. Pedestrian access that is separated from vehicular access, to be provided from the front boundary to the building and from all car parking spaces to the building. All pedestrian pathways in the development should have a minimum width of 1.2m to allow easy circulation throughout the site.

Reason: To ensure children using the centre do not need to walk past the back turning circle of a car

10. The side and rear fencing is to be a maximum height of 1.8m.

Reason: To maintain the residential amenity of the property.

SITE & LOCALITY

1. The site is known as No. 78 Gordon Avenue, South Granville (Lot 1 DP 35007) and is located on the western side of Gordon Avenue. The site is rectangular with a frontage to Gordon Avenue of 17.175 metres, a depth of 51.615 to 51.875 metres and a total site area of 858.7 square metres.

2. The site is currently occupied by a single storey fibro dwelling and a metal shed. The surrounding area is characterised by detached dwellings, dual occupancy development and multi-unit housing.

PROPOSAL

3. Approval is sought for the following:

3.1 Demolition of existing dwelling and structures on site;

3.2 Construction of a single storey child care centre with a building area of 283 square metres;

3.3 To use the building as a 28-place child care centre. The 28 places are for children between the ages of 2 to 6 years old with 4 staff.

3.4 The proposed child care centre includes 7 at-grade car parking spaces (4 car parking spaces are in a stacked arrangement), indoor and outdoor play areas, kitchen, laundry, bathrooms, storage areas, offices and a staff room.

3.5 The proposed hours of operation are Monday to Friday 6:00am to 6:00pm.

STATUTORY CONTROLS

Parramatta Local Environmental Plan 2001

4. The site is zoned Residential 2(b) under Parramatta Local Environmental Plan 2001. Child care centres are permissible with the consent of Council and subject to consistency with the aims and objectives of the LEP and the zone.

5. Subject to conditions of consent, the proposal is regarded as being consistent with the LEP and the zone.

Parramatta Development Control Plan 2005

6. The development is subject to the requirements of Parramatta Development Control Plan 2005. The proposed development is consistent with the objectives of the Parramatta Development Control Plan and achieves compliance with the required car parking spaces.

Child Care Centre Development Control Plan

7. The development is subject to the requirements of the Child Care Centre Development Control Plan. The proposed development is consistent with the objectives and controls contained within the Child Care Centre DCP.

CONSULTATION

8. In accordance with Council’s Notification DCP, the proposal was advertised from 26 September 2007 to 17 October 2007. One submission was received and is discussed below:

Trees illustrated on plans

9. Concern is raised that there is an absence of 3 trees at the front of the premises that are not shown on any of the plans, and whether there is a Tree Preservation Order that Council should consider.

10. The application has been referred to Councils Landscape Tree Management Officer who acknowledges the absence of the 3 trees from the plans and comments that these trees are not significant and raises no objection to their removal. These trees and reasons for removal are indicated in the following table:

Table 1 - Trees approved to be removed during the development works.

Tree No:	Botanical Name	Health/Condition or Reason
2 x	x Cupressocyparis ‘Castlewellan Gold’	Proposed driveway
1 x	Cupressus sempervirens ‘Stricta’	Street Tree Proposed driveway
1 x	Cupressus sempervirens ‘Stricta’	Proposed driveway

Traffic

11. Concern is raised over the observations made by Multilink Engineering and Management Services on Page 6 – Section 4.3 of the Traffic Impact Statement Vehicle Classification that “most vehicles were travelling beyond the speed limit”. Concern is raised that there will be 28 small children concentrated in one location and they will be exposed to the dangers of speeding vehicles.

12. It is noted that all play areas are located in the building or to the rear of the childcare centre and that parents will drop-off and pick up children from within the subject site and within approved hours of operation. Standard operating procedures for childcare centres include children to be ‘signed in’ and ‘signed out’ by a guardian and are not left unattended outside the centre.

ON-SITE MEETING

13. An on-site meeting was held on Saturday 8 March 2008 at 10:45am.

14. Present at the site meeting were Clr Walsh, Clr Jamal, Danielle Woods (Team Leader Development and Certification), the applicant/architect, owners and 4 residents. The following issues were discussed at the meeting:

Traffic/speeding motorists

15. Concern was raised that the existing area and feeder streets experience heavy traffic delays, particularly around school times due to the proximity of the subject street to neighbouring schools. Concern was also raised regarding the speed at which motorists use the streets in the area.

16. The application has been referred to Councils Traffic engineer and the Traffic Engineering Advisory Committee. No objections were raised to the proposal subject to conditions of consent.

17. Councillor Walsh requested staff to carry out a traffic count for the Gordon and Oakleigh streets due to the traffic congestion. CRM #484362 has been created for Council’s traffic section to further investigate.

Waste Collection from the site, the location of the bins and the estimated times for collection

18. Concern was raised over the potential noise generated by the use and collection of bins.

19. The applicant provided amended plans indicating a bin storage area to be located within the building footprint with access from the double garage. The bins will be the standard rubbish bin size measuring 700cm x 700cm x 1200cm (height). Collex Pty Ltd is the nominated waste company to collect garbage and recyclables from the centre. There will be a total of 3 bins to include a bin for green waste, recyclables and garbage waste. The bins will be collected from the front of the site between the hours of 10am to 2pm, once or twice a week as required.

Tree Removal

20. Concern was raised whether the pine trees located within the front setback area are to be removed as they were not indicated on the submitted plans.

21. The applicant advised that the 2 pine trees, which are not protected species, would be removed and replaced with replacement trees.

22. The application has been referred to Council’s Landscape Tree Management Officer who has no objections to the proposal subject to conditions of consent.

The need for additional childcare when there are other centres in the proximity

23. Concern was raised whether there was a demand for another childcare centre in the Granville area, as there are approximately 4 other child care centres within the vicinity of the subject site.

24. The owners responded that there is a demand for the centre and the centre will benefit the children.

Hours of Operation

25. Concern was raised over the early opening hour of 6:00am and suggested there would be little demand for these hours which may impact on the area.

26. The applicant responded that whilst 6:00am is early, it is anticipated that a few parents who may work shift hours would consider early hours for child care, and due to the minimum number of people using it in the early hours, there would be minimal impact to the neighbours and amenity of the area.

ISSUES

Hours of Operation

27. Parramatta Child Care Centres Development Control Plan 2007 indicates that hours of operation for child care centres will be generally limited to between 7:00am and 7:00pm Monday to Friday. Variation of these hours of operation will only be considered where the proposed centre is to be located in proximity to other non residential uses that are permitted to operate outside these hours.

28. The proposed hours of operation are 6:00am to 6:00pm Monday to Friday. The proposed centre is not located in proximity to other non residential uses; therefore a condition of consent is imposed for the hours of operation to be 7:00am to 7:00pm Monday to Friday.

Noise

29. The application was accompanied by an acoustic report prepared by Noise and Sound Services, titled Childcare Noise Assessment and dated April 2008. The report concludes that “noise level design goals have been set for the proposed childcare centre at 78 Gordon Avenue, Granville, NSW 2142.

The noise goals at the neighbouring residences will be met for child noise in the outdoor play area. This is providing recommendations outlined in Sections 6.2 and 7 of this report are adhered to. The development is capable of operating without causing a nuisance and able to operate without undue noise disturbance from external noise sources.

Fitting acoustic absorbent suspended ceilings to activity room 2 will limit the noise levels emitted to the external area and enhance speech intelligibility creating an improved learning and playing environment.

The expected road traffic using the proposed development will meet the road traffic noise criterion.

Noise goals at the neighbouring residences can be met for any proposed mechanical plant, providing recommendations outlined in Section 6.6 are adhered to.

30. Child Care Centres DCP provides acoustic criteria for child care centres. The submitted acoustic report addresses these criteria and complies with the noise criteria, including ensuring external noise does not exceed 55 dB(A). The centre achieves compliance with an external noise level of 50 dB(A). Measures to ensure noise does not impede on adjoining properties include a 2.0 metre solid high fence to be constructed around the entire outdoor play area and extending for a distance of at least 10 metres each side of the proposed covered pergola towards the front of the side, provision of windows and glass doors with a minimum R_w rating of 30 dB, and provision of a 1.8 metre high fence along the northern boundary to cover the entire length of the car parking area. Accordingly, no objections are raised to the proposal on acoustic grounds subject to a condition of consent requiring implementation of the recommendations within the Acoustic Report.

Car Parking

31. The minimum car parking requirement for childcare centres is 1 space per 4 children. The proposed development comprises 28 children and generates a maximum requirement for 7 car parking spaces. The proposal provides on site parking for 7 spaces, with 4 car spaces in a stacked arrangement in a double garage.

32. The application has been reviewed by Council’s Traffic Engineer and Traffic Committee, who have no objections to the proposal subject to conditions of consent. Council’s Traffic Engineer makes the following comments:

33. Council’s CCC DCP (June 2007) specifies that pedestrian access that is separated from vehicular access is to be provided from the street to the building and from all spaces to the building (it is essential that children using the centre do not need to walk past the back turning circle of a car). All pedestrian pathways in the development should have a minimum width of 1.2m to allow easy circulation throughout the site.

34. Stacked parking, as shown on the DA plan, in the double garage is considered acceptable provided that two of these 4 spaces will be used by the employees. The other two spaces can also be used by the parents as well as the employees.

35. It is noted that on street parking is not restricted and can be used by parents for drop-off & pick up of children, however it can not be used in the calculation of parking provision.

36. This section of Gordon Avenue provides access to residential properties with a road carriageway width of approx 13m and without any parking restrictions on both sides of the road.

37. Accordingly, no objections are raised to the proposal based on carparking, provided that the maximum capacity of the centre is limited to 28 children.

Sophia Chin

Development Assessment Officer

Attachments:

1View	Locality Map	1 Page
2View	Plans & Elevations	7 Pages
3View	Childcare Centres 2km Radius Map	1 Page
4View	Childcare Centres DCP Compliance Table	1 Page
5View	History of DA	1 Page

REFERENCE MATERIAL

Regulatory Council 11 August 2008

Item 14.2

DEVELOPMENT APPLICATION

ITEM NUMBER 14.2

SUBJECT 33-35 Belmore Street, North Parramatta (Lot 5 & 6 DP 35503) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition and construction of a 52 place child care centre. (Location Map - Attachment 1)

REFERENCE DA/660/2007 - Submitted 17 October 2007

APPLICANT/S Jason Gittany

OWNERS Jason and George Gittany

REPORT OF Manager Development Services

PURPOSE:

To determine development application No. 660/2007 which seeks approval for demolition and construction of a 52 place child care centre.

The application is referred to Council for determination due to the number of submissions received and as the application relates to a child care centre.

RECOMMENDATION

(a) That Council approve Development Application No. 660/2007 by the granting of a deferred commencement consent requiring the applicant to provide Council with proof of registration of the easement for drainage through the adjoining property No. 37 Belmore Street with the NSW Department of Lands. Upon satisfaction of this matter, an operational consent subject to standard conditions, and the following extraordinary conditions be issued by Council:

1. The hours of operation are restricted to 7.00am to 7.00pm Monday to Friday. Any alterations to the above will require further development approval.

Reason: To minimise the impact on the amenity of the area.

2. The number of children on the premises is not to exceed 52 at any one time. At all times a minimum of 18 places shall be provided for children aged less than 2 years. Any alterations to the above will require further approval of Council.

Reason: To ensure the number of children are not exceeded.

3. After hours events and activities are restricted to four Saturdays per calendar year to be held between the hours of 9.00am and 5.00pm.

Reason: To protect the amenity of the area.

4. An amended landscape plan incorporating the following requirements is to be submitted to the Principal Certifying Authority prior to the issue of the construction certificate.

1. The Maple tree located to the rear of No. 33 Belmore Street shall be retained.

2. Two Water Gums are to be planted within the site in 100 litre containers, one to be planted at the front of the site and one to be planted to the rear. Two proposed trees shown on the landscape plan may be deleted if insufficient space is available for the planting of the Water Gums.

3. The proposed Nyssa sylvatica (Nyssa Tupelo) is to be replaced with an indigenous species such as Glochideon ferdinandi (Cheese Tree) and/or Banksia serrata (Old Man Banksia)

4. The proposed Murraya paniculata, Photinea x fraseri, and Agapanthus orientalis is to be replaced with a wide variety of native and indigenous shrubs and groundcovers

5. Two street trees of the species Callistemon viminalis (Weeping Bottlebrush) in 100 litre containers are to be planted on the nature strip within the frontage of the site at distances of 3m from any driveway

6. The ramp located on the western side of the side is to be reduced in width by 600mm, and a 600mm wide planter bed is to be provided along the side boundary. The planter bed is to be planted with screening trees with a mature height of 3m at 1m intervals.

Reason: To enhance the landscape setting of the development

5. A 10,000 litre rainwater tank with mains water top up is to be installed within the development. The rainwater tank is to be connected to all the toilets within the building. All taps, shower heads, toilets, dishwashers, and washing machines installed within the child care centre are to have a WELS rating of no less than 3 stars.

Reason: To ensure that the development complies with the requirements of part 4.1.4 ‘Water Management’ of Parramatta DCP 2005.

(b) Further, that objectors be advised of Council’s decision.

SITE & LOCALITY

1. The site is a regularly shaped double block containing two dwellings on separate allotments. The site has a frontage of 30.2m to Belmore Street, a depth of 53.015m and overall site area of 1601m2. The site is located on the low side of the street and has a fall of 4.34m from front to rear. The majority of this fall occurs within 10m of the front boundary. The front gardens of the existing dwellings are approximately 1m lower than the street.

2. The streetscape is characterised by a mix of dwelling types, with the high side of the street dominated by two storey multi-unit housing developments. No. 37 Belmore Street, which adjoins the eastern boundary of the site, is owned by the applicant. A 2 storey dwelling is located on this site. A 2 storey dwelling is also located on the adjoining property to the west of the site. A single storey building that forms parts of a detached dual occupancy development adjoins the western side of the rear boundary.

PROPOSAL

3. The proposal is for demolition, tree removal and construction of a single storey 52 place child care centre with roof top parking for 13 vehicles. The centre would provide a service for 18 children aged 0-2 years, 16 children aged 2-3 years and 18 children 3-6 years. The proposed hours of operation are 7.00am to 7.00pm Monday to Friday. After hours events and activities include four special events to be held between 9.00am and 5.00pm on four Saturdays a year. Thirteen car parking spaces including 1 disabled parking space are proposed.

STATUTORY CONTROLS

Parramatta Local Environmental Plan 2001

4. The site is zoned Residential 2(b) under Parramatta Local Environmental Plan 2001 and child care centres are permissible within the Residential 2(b) zone with the consent of Council. The proposed development is consistent with the objectives of PLEP 2001.

Parramatta Development Control Plan 2005

5. The proposed development is consistent with the objectives of the DCP and the numerical requirements that applies to child care centres.

Child Care Centre Development Control Plan

6. The proposed development is consistent with the objectives of the DCP and the numerical requirements that apply to child care centres.

CONSULTATION

7. In accordance with the requirements of Council’s Notification DCP the application was advertised to adjoining property owners and occupiers between 12 September 2007 and 3 October 2007. Five submissions were received. Amended plans were notified from 2 April 2008 to 23 April 2008. No submissions were received. The amended plans submitted on 19 May 2008 and 28 May 2008 were not re-notified as they were substantially the same as the plans placed on notification. The following issues were raised in the submissions.

Traffic

8. Residents have raised concerns that additional traffic will create safety issues for the children using the centre (vehicles being double parked, additional traffic etc)

9. The number of car spaces provided is consistent with the requirements of the Child Care Centres DCP. The application has been reviewed by Council’s Traffic Engineer and no concerns have been raised with respect to the traffic and parking arrangements.

Compliance with child care DCP

10. Concern has been raised that the development is of excessive size and does not comply with the Child Care Centres DCP

11. The plans originally submitted with the development application were for a larger 72 place centre that did not comply with the requirements of the Child Care Centres DCP. Amended plans have been submitted and the centre has been reduced in size to 52 children. The development is consistent with the requirements of the Child Care Centres DCP.

Commercialisation of the area

12. Child care centres are a permissible form of development in the residential 2(b) zone.

Character

13. Concern has been raised that the development will detract from the character of the area and is out of proportion with existing development

14. The area has a mixed character which includes 2 storey plus attic multi-unit housing developments and single storey dwellings. The site is not within a special character area or heritage conservation area. The development presents as single storey to the street and will not have an adverse impact on the character of the area.

Visual impact

15. Concerns have been raised that the development will impact on views from adjoining properties.

16. This concern was raised in relation to the original plans for a larger building rather than the revised plans currently before Council. Whilst the development will be visible from adjoining properties the bulk and scale of the building is not dissimilar to a 2 storey multi-unit housing development which is a built form prevalent in the locality.

Overshadowing impact

17. As the development site has a north/south orientation the majority of the shadows will fall to the rear of the building. The eaves to the car park level are at RL 29.5. The eaves at the ground floor level of the adjoining dwelling at No. 31 Belmore are at RL30.88. The difference in levels between the two buildings would ensure minimal loss of solar access on the winter solstice. The building would cast a shadow over No. 37 Belmore Street from 12:30pm to 3:00pm. The dwelling will continue to receive 3 hours solar access as required by the DCP and will not result in any adverse amenity impacts.

Pollution

18. Concern has been raised that pollution from the vehicles using the roof level car park will affect adjoining dwellings.

19. Solid walls are provided on the eastern and western elevations of the car park. There is no reason to expect that emissions from vehicles would have an effect on adjoining dwellings beyond that associated with vehicular traffic in the surrounding road network.

Noise

20. Concern has been raised regarding the noise impact from children playing on the roof level car park.

21. The car park is not a play area. An acoustic report has been submitted which addresses the noise impact from the car park and the play area at the rear of the site. This indicates that the use of the car park would not have a significant impact on the amenity of adjoining properties.

Privacy

22. Concerns have been raised that the development would impact on the privacy of adjoining dwellings.

23. As the site falls to the rear, the rear portion of the car park is elevated up to 6m above the natural ground level. A 1.2m high balustrade is proposed along the southern edge of the car park. A condition is recommended requiring the deletion of the balustrade and the construction of a privacy screen to a minimum height of 1.8m above the level of the car park. The privacy screen will prevent any overlooking of adjoining properties from the car park area.

ON-SITE MEETING

24. In accordance with the resolution of Council an on-site meeting was held on Saturday 3 May 2007 at 12.00pm.

25. Present at the site meeting were Clr Barber (Chairperson), Clr Wearne, Brad Delapierre – Team Leader and Jonathan Goodwill – Senior Development Assessment Officer, the applicant and two residents. The following issues were discussed at the meeting:

Overshadowing

26. The potential for the development to overshadow adjoining sites was raised. Council staff advised that the majority of the shadow from the building would fall within the site.

Parking and Traffic

27. Residents raised concern that there was limited on street parking due to recent townhouse developments and that the scale of the development was not appropriate for the area. One resident suggested that parents will park on the street rather than use the internal car park. The applicant advised that the development had been designed to encourage parents to use the car park. Council staff advised that staff from the Traffic and Transport Section of Council had reviewed the proposal and no concerns had been raised. It was advised that the number of car spaces complied with the DCP requirement.

Noise

28. Councillors requested details of the fencing which would be provided to the side boundaries to minimise noise impacts. Council staff advised that 1.8m high lapped and capped timber fencing had been recommended by the applicant’s acoustic consultant. The person who is likely to manage the centre advised that the children would not play outside between the hours of 11.00am to 2.00pm due to sun protection issues, and that 52 children would not play at the same time but the children would be divided into groups for outdoor play.

Tree Removal

29. Councillor Wearne asked whether tree removal would occur and requested that tall trees be provided to the front of the site to replace the trees that were removed. The applicant advised that new trees had a potential height of between 7m to 8m but that the landscape plan could be amended by providing taller trees.

30. An amended landscape plan was submitted to Council on 28 May 2008. The amended plans include the planting of 11 trees with a potential mature height of between 7-10 metres.

Traffic Engineering Advisory Group (TEAG)

31. The application will be consider by TEAG at its meeting of 11 August 2008. A memo will be provided at the Regulatory meeting that outlines discussions that occurred at the TEAG meeting.

ISSUES

Landscaping

32. Council’s Landscape Officer has recommended that a revised landscape plan be prepared that includes the planting of native species in lieu of exotics. A non standard condition has been included in the recommendation to address this requirement.

33. The Child Care Centres DCP requires a minimum 1m landscaped setback to be provided adjacent to the side boundaries of the site. The area between the western side boundary of the site and the eastern wall of the proposed building contains a 2m wide disabled access ramp. Disabled access to the site is also provided from the lift located inside the building. The absence of any planting between the building and the boundary does not provide an adequate buffer zone for the 2 storey dwelling located at No. 31 Belmore Street. A condition is recommended requiring a 600mm wide planter bed to be provided along the side boundary, to be planted with screening trees with a mature height of 3m at 1m intervals.

Water Efficiency

34. Part 4.1.4 ‘Water Management’ of Parramatta DCP 2005 requires that development reduce water consumption and waste by the provision of water re-use devices, conservation practices and recycling. A condition will be imposed requiring the installation of a 10,000 litre rainwater collection tank and the use of water efficient fixtures and appliances within the development.

Roof top parking

35. A unique aspect of the development is the provision of a roof top parking area. Ordinarily, a roof top parking area would require the construction of visually obtrusive access ramps, because the site is significantly lower than the street level, access ramps are not required. The design of the roof top parking area includes walls on the front and side elevations which minimise the visibility of the parking spaces from the street and adjoining properties. The cars would only be visible from the street when the gates are open. The front elevation includes pitched roof elements to the sides and windows and a door are provided to the northern wall of the foyer located in the centre of the elevation. The design treatment avoids the expression of a strong commercial character which would adversely affect the quality of the streetscape.

Noise from roof top parking

36. The acoustic report includes an assessment of the likely noise impacts from vehicle movements within the roof top parking area. The report concludes that the side walls and roofing to the parking area will adequately reduce noise emissions from vehicle movements. The report also concludes that the impact of the loudest noise events (such as vehicle start up) would be less than or equal to the existing transient noises from traffic currently using Belmore Street. The proposed development is acceptable from an acoustic perspective.

Age group mix

37. The Child Care Centres DCP requires that child care centres with more than 40 places must provide 33% of the places for children under 2 years of age. In accordance with this requirement the submitted plans indicate that 18 places will be provided for children under 2 years of age. The number of places for children under 2 years of age is 34% of the total number of places. A condition has been included in the recommendation requiring that a minimum of 18 places are provided for children under 2 years of age at all times.

Total Capacity of Centre

38. The Child Care Centres DCP requires that child care centres with more than 40 places must provide unencumbered indoor space at the rate of 4.5m2 per child and unencumbered outdoor space at the rate of 15m2 per child. The proposal provides 4.57m2 of unencumbered indoor space per child and 15.44m2 of unencumbered outdoor space per child. The proposal satisfies the requirements of the Child Care Centres DCP.

Jonathan Goodwill

Senior Development Assessment Officer

Attachments:

1View	Locality Map	1 Page
2View	Plans and elevations	7 Pages
3View	Childcare Centre DCP Compliance Table	1 Page
4View	DA History	1 Page

REFERENCE MATERIAL

Regulatory Council 11 August 2008

Item 14.3

DEVELOPMENT APPLICATION

ITEM NUMBER 14.3

SUBJECT 17-21 Woodville Road and 2-4 Milton Street Granville (Lot 100 DP 1013005, Lot 1 DP 743270 and Lot 2 DP 210565) (Elizabeth Macarthur Ward).

DESCRIPTION Demolition and construction of a 3 storey commercial building containing a motor showroom over 2 levels of basement parking and a 3 storey commercial building containing a mechanical workshop, auto retail store, cafe and two levels of commercial suites over one level of basement parking. (Location Map - Attachment 1)

REFERENCE DA/174/2007 - Submitted 8 March 2007

APPLICANT/S Loui Nicholas

OWNERS Loui Nicholas - Winpeg Pty Ltd

REPORT OF Manager Development Services

PURPOSE:

To determine development application No. 174/2007 which seeks approval for the demolition of existing structures and the construction of a 3 storey commercial development in 2 buildings on the site.

The application has been referred to Council for determination due to the number of submissions received.

RECOMMENDATION

(a) That development application No. 174/2007 be approved subject to standard conditions and the following extraordinary conditions:

1. No approval is granted for the proposed outdoor dining area attached to the café. The outdoor dining area is to be deleted from the plans.

Reason: Owners consent for the use of this land has not been obtained.

2. A vehicle exhaust collection system is to be installed within the mechanical workshop. The system is to include collection points at each vehicle hoist and the outlet is to be vented to the roof of the building. Details of the proposed system are to be submitted to Council for approval prior to the issue of a construction certificate.

Reason: To minimise the impact of noise and vehicle fumes on the amenity of the adjoining residential property.

3. A carport is to be constructed over the dealership wash bay in lieu of the proposed fabric shade. The carport is to incorporate an impermeable screen on its northern end that extends from the ground level to the underside of the roof. The carport may have a maximum height and width of 3m.

Reason: To preserve the amenity of the adjoining dwelling.

4. Car spaces within the development are to be allocated in the following manner, motor showroom – 14 spaces, mechanical workshop including associated office space – 27 spaces, auto retail store – 8 spaces, café – 12 spaces, commercial suites – 22 spaces. The remaining car spaces may be allocated as the developer sees fit. Car spaces are to be marked in accordance with this condition.

Reason: To ensure compliance with the car parking requirements of Parramatta DCP 2005 and the RTA’s Guide to Traffic Generating Developments.

5. The acoustic barrier located on the northern boundary is to be of masonry construction and constructed in accordance with the requirements of section 3.2 ‘Car Parking Noise’ of the acoustic report referred to in condition No. 1 of the development consent. The acoustic barrier is to be maintained at all times.

Reason: To ensure that an adequate and long lasting acoustic barrier is provided.

6. Vertical louvred sunshades are to be provided to the west facing windows on the first and second floor levels of the commercial suites, and horizontal sunshades are to be provided over the north facing windows on the second floor level of the motor showroom. Revised plans addressing this issue are to be submitted to Council for approval prior to the issue of the construction certificate.

Reason: To ensure compliance with part 4.2.6 ‘Energy Efficiency’ of Parramatta DCP 2005.

7. (a) A "No Parking and Loading Zone" on Halsall Street shall be installed fronting the development site subject to the approval of the Parramatta Traffic Committee under Delegated Authority.

(b) A “No Right Turn from 3pm to 7pm" restriction on Halsall Street on to Woodville Road shall be installed in addition to the existing "No Right Turn Buses and Taxis Excepted" restriction, subject to the approval of the Parramatta Traffic Committee.

The applicant shall submit an application to Council's Traffic & Transport Services Manager through the Parramatta Traffic Committee regarding the regulatory restrictions in Halsall Street , as specified in Items (a & b) above, at least 6 months prior to the completion of the construction works so that a report can be prepared for consideration by Council's Traffic Committee prior to the issue of an occupation certificate.

Reason: To ensure that the appropriate traffic management arrangements for the development are in place.

8. The applicant shall apply to the Roads & Traffic Authority's Regional Freight Co-ordinator for approval to use an articulated car carrier in excess of 19m long through Halsall Street, Milton Street and Railway Street, then Bold Street on to Parramatta Road according to the RTA Route Assessment Guidelines for Restricted Access Vehicles. Due to route constraints it is possible that the RTA will not approve a heavy vehicle route. Should the RTA not approve the heavy vehicle route all vehicles displayed or sold at the premises shall be individually driven to the site.

Reason: To ensure that the appropriate traffic management arrangements for the development are in place.

9. All vehicle testing shall take place within the mechanical workshop with the use of the vehicle exhaust collection system. A sign reflecting this requirement shall be placed within the parking area on the northern side of the site.

Reason: To protect the amenity of the adjoining property.

10. The specific use or occupation of each component or tenancy within the development shall be the subject of further development approval for such use or occupation. The site shall not be occupied until the required development consents have been obtained.

Reason: To ensure development consent is obtained prior to that use commencing.

11. Garbage trucks may only access the site between the hours of 9.00am and 5.00pm.

Reason: To protect the amenity of the adjoining dwelling.

(b) Further, that objectors be advised of Council’s decision.

SITE & LOCALITY

1. The site has an ‘L’ shape and is located on the eastern side of Woodville Road, with frontages to Halsall Street, Milton Street and Woodville Road. The western portion of the site contains a car sales yard with frontage to Woodville Road and Halsall Street. The car sales yard consists of an open car display area and two single storey buildings. Two mechanical workshops are located on the eastern side of the site. The workshops consist of two brick buildings and concrete hardstand facing Milton Street. The legal property description is Lot 100 DP 1013005, Lot 1 DP 743270, and Lot 2 DP 210565. The site is generally known as 17-21 Woodville Road and 2-4 Milton Street Granville.

2. Two allotments adjoin the development site and contain a heritage listed single storey dwelling at No. 15 Woodville Road and a 2 storey commercial building at No. 136 Railway Parade. Both allotments are zoned Centre Business 3(a). A petrol station and industrial building are located to the south of the site on the northern side of Halsall Street.

3. The street block bounded by Woodville Road, Railway Parade, Milton Street and Garden Spring Road are zoned Centre Business 3(a). The properties on the eastern side of Milton Street are zoned Residential 2(b).

PROPOSAL

4. Demolition of existing buildings and the construction of a 3 storey development consisting of two buildings. The first building is a 3 storey motor showroom with frontage to Woodville Road and Halsall Street. The building has an L shape and an open car park is located on the northern side of the building. Vehicle access is provided from Halsall Street. The building has curtain wall glazing to Woodville Road and the corner of Woodville Road and Halsall Street. A ramp from the car park at the rear provides access to the first floor level where both external and internal car display areas are located. Vehicle access is not provided to the third floor level and this space will be used as offices for the motor showroom. A two level basement is located beneath the building providing parking for 44 vehicles, including two car wash bays. The basement car park provides parking for the motor showroom, commercial suites and the mechanical workshop.

5. The second building has frontage to Halsall Street and Milton Street. Vehicle access to the building is provided from Halsall Street. A mechanical workshop with 4 work bays, an auto retail store with a mezzanine level, and a cafe is provided at the ground floor level. The café is located on the corner of Milton Street and Halsall Street. The first and second floor levels contain commercial suites. Each commercial suite is provided with a kitchen and bathroom. The suites are configured so that multiple suites can be occupied by a single tenant. Two suites on the first floor level are to be used as offices for the mechanical workshop. A staircase provides direct access from the workshop to the office area.

STATUTORY CONTROLS

Parramatta Local Environmental Plan 2001

6. The site is zoned Centre Business 3(a) under Parramatta Local Environmental Plan 2001. The development is defined as a commercial premises, restaurant, motor showroom and car repair workshop. The proposed building and intended land uses are permissible within the Centre Business 3(a) zone with the consent of Council. The proposed development is consistent with the objectives of the PLEP 2001.

7. Clause 40 of PLEP 2001 restricts the floor space ratio of a development in Centre Business 3(a) zone to 2:1. The proposed development has a floor space ratio of 1.83:1.

Parramatta Development Control Plan 2005

8. The provisions of Parramatta Development Control Plan 2005 have been considered in the assessment of the proposal. The proposal achieves compliance with the numerical requirements of the plan and is also consistent with the aims and objectives of the plan.

CONSULTATION

9. In accordance with Council’s Notification Development Control Plan, the proposal was notified between 28 March 2007 and 18 April 2007. Four submissions were received. Amended plans were notified from 4 June 2008 to 25 June 2008. Four submissions were received. The amended plans submitted on 22 July 2008 and 25 July 2008 were not re-notified as they were substantially the same as the plans placed on notification. The following issues were raised in the submissions.

Impact on character

10. Objectors raised concern that the scale of the development is inappropriate and will change the character of the area.

11. The site is zoned Centre Business 3(a). This zone allows for developments of higher density than existing, with a height of up to 3 storeys and a floor space ratio of 2:1. The development standards that apply to the Centre Business 3(a) zone promote higher density development. The proposed development will replace an existing car sales yard and mechanical workshop with a modern development with enhanced streetscape appeal. The proposed development is consistent with the planning controls and the desired future character of the area.

Privacy Impacts

12. Objectors raised concerns that the development would have a detrimental impact on the privacy of adjoining properties. Specific concerns have been raised regarding 34 windows located on the western elevation of the commercial building.

13. It is noted that the development adjoins a single residential property at No. 15 Woodville Road which is to the north of the site. Residential properties located to the east of the site are located on the opposite side of Milton Street. The separation between the commercial suites and the residential dwellings on Milton Street is greater than the 12m required by the DCP and the development would not have a negative impact on the privacy of the dwellings located on the eastern side of Milton Street.

14. All the windows on the western elevation of the development facing in the direction of No. 15 Woodville Road consist of a fixed portion of obscure glass to a height of 1.8m above the floor level with a clear openable portion above. These windows are located on the first and second floor levels of the commercial suites. The clear portion of the windows is higher than the average eye level of a person. The windows will not allow any overlooking of No. 15 Woodville Road. The windows on the northern elevation of the building are located 11.3m from the boundary shared with No. 15 Woodville Road. The windows have a sill height of 1.6m above the floor level. The windows would not allow any overlooking of No. 15 Woodville Road.

Car wash bay

15. The residents of No. 15 Woodville Road have raised concerns with the car wash bay located within the at grade parking area. Concerns have been raised that the car wash bay would contaminate adjoining properties with mist containing soapy chemicals.

16. The car wash bay is not adjacent to any windows of No. 15 Woodville Road and a 1.8m high wall will be located on the western end of the car wash bay. The plans indicate that the car wash bay will be covered with shade cloth. It is agreed that the regular washing of vehicles in the car wash bay is likely to result in water being sprayed over the fence and resulting in dampness at No. 15 Woodville Road. A condition is recommended requiring a car port with an impermeable screen on the northern end to be constructed over the car wash bay.

Traffic

17. Objectors have raised concern that the development will generate increased traffic and that a heavy vehicle route through Milton Street and Railway Parade will be required for the semi trailers which deliver vehicles to the site.

18. The development was referred to the Roads and Traffic Authority and Council’s Traffic and Transport section for comment. A traffic report prepared by a suitably qualified person was also submitted with the development application. Neither the RTA nor Councils Traffic and Transport sections raised concerns regarding the increased traffic generated by the development. A separate application to the Traffic Committee will be required for the heavy vehicle route through Milton Street and Railway Parade. Should the heavy vehicle route not be approved all vehicles displayed or sold at the premises will be required to be driven to the site. Due to issues with heavy vehicle access it is common for car yards in Sydney to drive vehicles to the point of sale rather than having them delivered by truck.

Noise and Emissions

19. The residents of No. 15 Woodville Road have raised concerns that vehicles being serviced at the mechanical workshop will be tested in the open parking area resulting in additional noise and fumes.

20. An acoustic report addressing the issue of noise from vehicles using the open car park and from tools used within the workshop was submitted with the application. The report concludes that the construction of a 1.8m barrier along the northern side of the parking area will ameliorate the noise impacts. It is agreed that workshop personnel are more likely to test vehicles in the parking area than within the workshop. A condition is recommended requiring a vehicle exhaust collection system to be installed within the workshop. These systems connect to the exhaust pipes of vehicles and allow vehicles to be run within the building thus preventing additional noise and fumes from impacting on the amenity of No. 15 Woodville Road. The condition will be worded so that the system is required to discharge to the roof of the building.

21. The acoustic consultant has advised that the acoustic barrier may be constructed of either timber or masonry. To ensure the longevity of the acoustic barrier it is recommended that the fence be constructed of masonry rather than timber. A condition will be imposed to ensure that this occurs.

The noise from an angle grinder has not been considered

22. The residents of No. 15 Woodville Road have raised concerns that the acoustic report has not considered the noise from an angle grinder being used in the workshop. The acoustic report states that the noisiest equipment used in a workshop is the impact wrench. The report has assessed the noise impact of the workshop on the sound power levels of this device and recommended that no equipment in the workshop may have a sound power level when measured over 15 minutes greater than 92dBA. A standard condition will be imposed requiring compliance with the recommendations of the acoustic report.

Over development of the site

23. Residents have raised concern that the proposal is an overdevelopment of the site.

24. The maximum floor space ratio for development in the Centre Business 3(a) zone is 2:1. The proposed development has a floor space ratio of 1.83:1. The floor area of the development is 365m2 less than the maximum permitted in the zone. The proposal is not an overdevelopment of the site.

Inadequate car parking is provided

25. Parramatta DCP 2005 and the RTA’s Guide to Traffic Generating Developments suggest that 82 car spaces are required to be provided on site. The development provides 85 car spaces in compliance with the relevant controls. It is note that the distribution of car parking is not in accordance with the DCP and RTA rates. A condition will be imposed to ensure that car parking is allocated as in accordance with the DCP and RTA rates.

Existing Management Problems

26. The residents of No. 15 Woodville Road raise concerns that the existing workshop is poorly managed and the new workshop will be managed by the same person.

27. This concern is not a relevant matter for consideration under Section 79C of the Environmental Planning and Assessment Act. It is noted that separate development applications will be required for the use of the buildings on the site and a condition will be imposed to reflect this requirement.

The garbage room is inappropriately located and poorly designed

28. The residents of No. 15 Woodville Road have raised concern that the two storey high garbage room will impact on the amenity of the dwelling.

29. The section drawing shows that the garbage room is a single storey in height. The doors to the garbage room face in the opposite direction to No. 15 Woodville Road and are a minimum of 8m from the shared boundary. The doors to the garbage rooms will be of a self closing type. The location and design of the garbage rooms will ensure that the likelihood of odours impacting on No. 15 Woodville Road is kept to a minimum.

Noise from the garbage truck

30. The residents of No. 15 Woodville Road have raised concern that the noise from the garbage truck will disturb their amenity and that cars will need to be moved from the car spaces to allow the garbage truck to access the site.

31. The acoustic report submitted with the application acknowledges that the noise from the garbage truck will exceed the noise goal set for the site by 6dBA. To resolve this problem the acoustic barrier situated on the northern boundary would need to be increased in height from 1.8m to 2.7m. A 2.7m high fence would have a significant visual and amenity impact on No. 15 Woodville Road.

32. The applicant has agreed to restrict garbage delivery times to between 9.00am and 5.00pm daily. Restricting garbage trucks to these times will minimise the likelihood of garbage trucks awakening sleeping residents. It is noted that the garbage truck requires the loading zone situated on the eastern end of the parking area for manoeuvring purposes, cars will not need to be removed from the car spaces to allow access for the garbage trucks.

Construction Concerns

33. The residents of No. 15 Woodville Road have raised concern that the construction of the development may damage their heritage listed dwelling and swimming pool.

34. Damage from construction works is a civil matter between the relevant parties. Standard conditions will be imposed on the consent requiring dilapidation reports for adjoining properties to be prepared prior to commencement of construction and prior to the issue of the occupation certificate. This will allow any damage to be identified.

Alteration to ground levels

35. The residents of No. 15 Woodville Road have raised concern that the development includes the illegal alteration of existing ground levels.

36. The section drawing placed on notification from 4 June 2008 to 25 June 2008 showed that the ground level will be the same as the floor level of the workshop. The new ground level will be a maximum of 1m above the existing natural ground level of No. 15 Woodville Road. The alteration of existing ground levels is not a prohibited form of development and the plans clearly show that the ground level will be altered.

Encroachment onto Council property

37. Residents have raised concerns that portions of the development overhang Council property.

38. The ground floor plan shows an outdoor dining area attached to the southern wall of the café. A condition will be imposed stating that no approval is granted for the outdoor dining area.

Noise Impact

39. The residents of No. 15 Woodville Road have raised concern that no noise impact studies have been conducted into increased street traffic noise due to the glazed facades of the development.

40. The glazed facades of the building have frontage to Woodville Road a petrol station on the opposite side of Halsall Street. The glazed facades of the building are unlikely to make a perceptible difference to noise levels in an area already subject to a high level of traffic noise.

Reflectivity of glazing

41. The residents of No. 15 Woodville Road have raised the concern that the reflectivity of glazing and its impact on traffic safety has not been considered.

42. A standard condition will be imposed regarding the reflectivity of glazing.

Errors with the plans

43. The residents of No. 15 Woodville Road have raised concern that there are various errors with the drafting of the plans, inadequate information regarding air conditioning, and the floor space ratio is incorrect as is does not include underground parking space.

44. The acoustic report has addressed the issue of air conditioning and a noise goal which will be incorporated into the standard consent conditions has been set. The floor space ratio has been calculated in accordance with the definitions provided by Parramatta LEP 2001. The floor space ratio of the development is 1.83:1. As per the definitions of floor area in Parramatta LEP 2001 underground parking areas are not included as floor space area.

45. A review of the plans has been conducted and the alleged errors with the drafting cannot be substantiated.

The proposed commercial tenancies will be used as residential accommodation

46. Residents have raised concerns that the true intent of the commercial tenancies is to use them as residential units.

47. The development seeks approval for the construction of commercial tenancies. There is no evidence to support an allegation that the developer intends to use the commercial tenancies as residential units.

Setbacks

48. Concern has been raised that the development does not have a street setback unlike other buildings from the beginning of Woodville Road at Granville to Villawood.

49. The development has a nil setback as permitted by Part 3.0 of Parramatta DCP 2005. Recent mixed use developments on Woodville Road also have nil setbacks.

Glazed frontage to Woodville Road

50. Residents have raised concern that it will be difficult to clean the glass windows that face Woodville Road.

51. Companies which specialise in cleaning hard to access glass areas are located throughout the Sydney region.

ON SITE MEETING

52. Council, at its meeting of 9 July 2007, resolved that all applications subject to 5 of more submissions be subject to a site inspection prior to being determined at a Regulatory Meeting.

53. In accordance with the above resolution, an invitation to Councillors, Council officers, the applicant and the objectors was sent in relation to the inspection to be held on 28 February 2008, commencing at 6.00pm.

54. Present at the site meeting were Councillor Garrard, Councillor Walsh (Chairperson), Council’s Senior Development Assessment Officer, the applicant and 15 residents. The following issue was discussed at the meeting:

Loading/unloading

55. Objectors raised concern with how the development would be serviced given the high utilisation of on street parking in the area. A question was asked whether B double vehicles or standard semi-trailers would be used. Concerns were raised that all the vehicular access points to the site are on Halsall Street and that a truck delivering vehicles would obstruct the vehicle access points. Residents and Clr Walsh asked where the truck would go after dropping off the vehicles because trucks are not permitted to use the local streets and would not be able to turn around in Halsall Street. Concern was also raised that the number of driveways would cause confusion to employees and clients accessing the site. Councillor Garrard suggested that there should be no parking restrictions on Halsall Street for certain times of the day only. It was advised that the RTA had recommended the provision of a loading zone on Halsall Street for use by trucks delivering vehicles.

56. The application has been reviewed by the Roads and Traffic Authority and Council’s Traffic Engineer. The frequency of car delivery trucks is expected to be low and a condition will be imposed requiring the creation of loading and no stopping zones on the Halsall Street frontage of the development. Two loading areas are also provided within the site for deliveries to the mechanical workshop, commercial suites or the café. A condition will also be imposed requiring the applicant to make an application for a heavy vehicle route though nearby streets. If the heavy vehicle route is not approved all cars will be required to be individually driven to the site.

57. Residents queried whether a garbage truck would be able to access the site given the area available for manoeuvring in the at-grade parking area. The architect advised that a traffic engineer had reviewed the proposal and advised that a garbage truck could access the garbage storage area. Residents also questioned how the employee parking for the motor showroom would function given that the plans show parking for two display vehicles in front of the entrance to the motor showroom’s basement car park.

58. The applicants Traffic Engineer submitted vehicle swept path drawings which demonstrate that a garbage truck will be able to access the site. The garbage truck would use to loading zone opposite the mechanical workshop to manoeuvre into the garbage collection area. The proposal to park two display vehicle at the entrance to the motor showroom car park has been deleted from the development application plans.

Privacy

59. The resident of No. 15 Woodville Road raised concerns that the 1^st and 2^nd floor level of the building on Milton Street would cause overlooking of their property, which includes a swimming pool in the backyard.

60. All the windows on the western elevation of the development consist of a fixed portion of obscure glass to a height of 1.8m above the floor level with a clear openable portion above. These windows are located on the first and second floors levels of the commercial suites. The clear portion of the windows is higher than the average eye level of a person. The windows will not allow any overlooking of No. 15 Woodville Road. The windows on the northern elevation of the building are located 11.3m from the boundary shared with No. 15 Woodville Road. The windows have a sill height of 1.6m above the floor level. The windows would not allow any overlooking of No. 15 Woodville Road.

Acoustic Impact

61. The residents of No. 15 Woodville Road raised concern with noise transmission from the proposed motor showroom and mechanical repair workshop. The applicant suggested that an acoustic barrier could be constructed between the properties.

62. A revised Acoustic Report was submitted to Council following the on site meeting. The Acoustic Report includes an assessment of noise from the workshop and recommends the construction of a 1.8m barrier on the northern side of the parking area.

Garbage

63. Residents raised concern that the garbage storage room was located too close to an adjoining dwelling at No. 15 Woodville Road. Concerns were raised that the doors to the garbage room would be left open and that the smell would affect the dwelling.

64. The doors to the garbage rooms face the opposite direction to the dwelling at No. 15 Woodville Road, the odours from the garbage room are likely to have a greater effect on the amenity of employees of the motor showroom than the residents of No. 15 Woodville Road. The garbage rooms have been appropriately designed to minimise the transmission of odours to the adjoining property.

Impacts during construction

65. Concerns were raised that vibration from excavation of the multi level basement would adversely affect the stability of the heritage item. It was suggested that a geotechnical investigation that also looked into the management of vibration be prepared. The applicant advised that a dilapidation report would be prepared prior to the commencement of construction. Residents asked who would pay for damage caused to properties as a result of construction work.

66. A standard condition will be imposed requiring the preparation of dilapidation reports prior to the commencement of construction and prior to the issue of the occupation certificate. Damage arising from construction work is a civil matter.

Heritage Impact

67. Concerns were raised that the height and setback of the motor showroom would have a negative impact on the heritage item located at No. 15 Woodville Road. It was explained that the development had been modified in response to discussions with Council staff including Council’s heritage advisor and that comments from Council’s heritage advisor were yet to be finalised.

68. Council’s heritage advisor has provided the following comments:

The current proposal is the third modification of the initial proposal, re-designed to allow more appropriate setting for the heritage item located at 15 Woodville Road while still allowing the applicants to achieve their program for the site. The current proposal provides a c.3m setback from the side of the heritage property, and has chamfered the corner of the proposed new development to allow better visibility of the heritage item from the direction of Woodville Road.

The proposed development is acceptable in the context of the prevailing character and applicable controls in the area, given that these controls allow a development of the proposed scale and use. It is appreciated that the original suburban context of the heritage item is long lost to the current busy traffic corridor, and this situation is not likely to change in the foreseeable future. It is also appreciated that the level of integrity of the heritage item at 15 Woodville Road is relatively low, and its condition relatively bad, and that its presentation to the general fabric is generally diminished by that condition and level of integrity.

I thus have no further objections to the current form of the proposal.

Accuracy of drawings

69. Concerns were raised with regard to the accuracy of the drawings. It was explained that the photo montage presented was for the original plans rather than the amended plans which are under consideration.

Parking

70. Residents queried whether enough car parking spaces had been provided for the development

71. The number of parking spaces provided on site exceeds the requirements of Council’s Development Control Plan 2005 and the RTA’s Guide to Traffic Generating Development.

Specified use of commercial tenancies

72. Residents asked what the commercial tenancies would be used for, specific questions included whether they could be used as brothels or as residential apartments. Residents asked where the signage for the commercial uses would be located.

73. A condition will be imposed requiring separate development applications to be submitted for the use of the buildings and commercial tenancies. The plans have also been amended to further reinforce this requirement. A separate development application will be required for new signage. The proximity of the commercial suites to the dwellings in Milton Street contravenes the development standards that apply to the siting of brothels.

Sunlight Access

74. The resident of No. 15 Woodville Road raised concern that the proposed 3 storey development would reduce the amount of natural light within the dwelling. The resident advised that the majority of windows in the dwelling were on the southern elevation. An inspection of the inside of the dwelling was undertaken and it was noted that the kitchen window was opposite the northern wall of the proposed garbage store. It was also observed that the floor level of the motor showroom was higher than the existing natural ground level.

75. The shadow diagrams submitted with the application indicate that the development would cast a shadow to the rear portion of the backyard area from 9.00am to 10.00am on the winter solstice. The extent of overshadowing is similar to the shadow cast by the existing two storey building which adjoins the rear boundary of No. 15 Woodville Road. The backyard of No. 15 Woodville Road would receive more than 3 hours of solar access on the winter solstice as required by Parramatta DCP 2005. The development would have no impact on internal solar access to the dwelling at No. 15 Woodville Road.

76. It is noted that the impacts of odours from the garbage rooms are addressed in paragraphs 63 and 64 of this report.

Oil Spill

77. Residents drew attention to the rear wall of the existing building at No. 2-4 Milton Street. Residents advised that the wall was leaning. It was observed that oil was leaking through the wall from an oil container located on the opposite side of the wall.

78. This issue is not relevant to the assessment of the development application, nevertheless, it is noted that the applicant has provided evidence that the oil spill has been cleaned up.

ISSUES

Urban Design

79. Council’s Urban Design team reviewed the application and raised concern with the presentation of the building to the Woodville Road and Halsall Street corner. The concerns raised included that the building lacked originality in the façade design and should have greater articulation or expression to emphasise the street address.

80. Revised comments were supplied following a review of the current plans and the photo montage dated 30 November 2007. Concerns regarding the identification of the building entrance, the proposed ‘roof fin’, and the lack of an awning along the entire Halsall Street elevation remained.

81. An awning along the entire Halsall Street elevation is unable to be provided due to the differences in floor levels between the commercial building/mechanical workshop and the motor showroom plus the height clearance required at the vehicle entry for a garbage truck.

82. Amended plans have been submitted which include the deletion of the ‘roof fin’ and the addition of an awning on the Woodville Road/Halsall Street corner. The awning will highlight the entrance to the building and emphasise the street corner.

83. The amended plans satisfactorily address the issues raised by Council’s urban designer and it is considered that the development would make a positive contribution to the streetscape.

Energy and Water Efficiency

84. Parramatta DCP 2005 contains objectives relating to energy and water efficiency. A 14,000 litre rainwater tank will be provided to supply water for car washing and toilet flushing. Insulation will be provided to the ceiling of the building and eaves are provided over the east facing windows of the commercial suites.

85. The response to the requirements of DCP 2005 is not considered to be sufficient. To further enhance the energy efficiency of the building it is recommended that vertical louvred sunshades be provided to the west facing windows on the first and second floor levels of the commercial suites and that horizontal sunshades be provided to the north facing windows on the second floor level of the motor showroom.

Traffic

86. To facilitate the safe operation of the development a ‘No Parking’ zone and ‘Loading Zone’ on Halsall Street will be required to allow for the unloading of a car carrier. The truck will also require an exit route and this will need to be through local streets such as Milton Avenue and Railway Parade. A condition will be imposed requiring the applicant to make an application to the Local Traffic Committee for approval of the ‘No Parking’ zone and ‘Loading Zone’ on Halsall Street and the heavy vehicle route through Milton Avenue and Railway Parade. The applicant is to bear all the costs associated with the changes to the traffic arrangements.

87. A ‘No Right Turn’ sign is located on the northbound side of Woodville Road at the intersection with Halsall Street. This sign prohibits all vehicles except taxis and buses from making a right turn from Woodville Road into Halsall Street. Taxis and buses are also permitted to make left and right turns out of the site onto Woodville Road. Due to increased traffic generated by the development the RTA has recommended that right turns from Halsall Street to Woodville Road be further restricted so that no right turns are permitted during the afternoon peak period (3.00pm to 7.00pm). A condition will be imposed regarding the procedures that are to be followed to facilitate the changes to the traffic arrangements.

Jonathan Goodwill

Senior Development Assessment Officer

Attachments:

1View	Locality Map	1 Page
2View	Plans and elevations	14 Pages
3View	DA History	1 Page

REFERENCE MATERIAL

Regulatory Council 11 August 2008

Item 14.4

DEVELOPMENT APPLICATION

ITEM NUMBER 14.4

SUBJECT Eastwood Brickworks, 37 Midson Road, Eastwood. (Lot 100 DP 106807) (Lachlan Macquarie Ward)

DESCRIPTION Section 96 (1A) modification to an approved development application for civil subdivision works and a community title subdivision. The modification alters the community title subdivision for the site. (Location Map - Attachment 1)

REFERENCE DA/1723/2003/A - Submitted 13 June 2008

APPLICANT/S AV Jennings BOS Eastwood Development Pty Ltd

OWNERS AV Jennings BOS Eastwood Development Pty Ltd

REPORT OF Manager Development Services

PURPOSE:

To determine an application under Section 96 of the Environmental Planning and Assessment Act 1979 to modify Development Application No. 1723/2003 by altering the approved community title subdivision for the site.

The application has been referred to Council because the site is listed as a heritage item under Parramatta Local Environmental Plan 1996 (Heritage & Conservation).

RECOMMENDATION

(a) That Council modify development consent No. 1723/2003 dated 5 July 2004 in the following manner:

1. Condition No.1a be added to the consent:

1a. The development is modified in accordance with the following plans listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Drawing N^o	Dated
22425/CDA-1 – Figure 5, Amendment A	8 July 2008
22425/N2DA-1 – Figure 8	29 May 2008
22425/N3DA-1 – Figure 9	29 May 2008

Reason: To ensure the work is carried out in accordance with the approved plans.

2. The description of the development be modified and replaced with the following description:

Civil and subdivision works comprising the construction of the final landform, construction of the internal road network, provision of utility services (gas, sewer, water, stormwater drainage, electricity and communications) and landscaping works, Community Title subdivision providing for a Community Scheme containing 12 lots comprising a Community Lot (lot 1) and 11 Development Lots in Stage 1, and 36 Residential Lots to be included in Neighbourhood Schemes on Lots 2 and 3 (Stages 2 and 3) and 9 Development Lots otherwise that represent the remainder of the site for future development stages and land adjacent to Terry's Creek for dedication to Council as a public reserve.

SITE & BACKGROUND

1. The Eastwood Brickworks site is also known as 37 Midson Road, Eastwood. A Master Plan to guide the future development of the site was endorsed by Council on 6 June 2003. On 5 July 2004 Development Application No. 1723/2003 was approved for civil and subdivision works comprising the construction of the final landform, construction of the internal road network, provision of utility services (gas, sewer, water, stormwater drainage, electricity and communications), landscaping works, Community title subdivision into 46 lots (comprising a Community lot, 36 residential lots that form Stage 1 of the proposed redevelopment of the site and 9 development lots [Stages 2-8] that represent the remainder of the site for future development) and subdivision of land adjacent to Terry's Creek for dedication to Council as a public reserve.

PROPOSAL

2. The section 96 modification application has been submitted due to the developer being concerned with the practicalities of administering the approved community scheme. The approved subdivision for the site allows for one community lot which contains common facilities such as roads and open space, thirty-six residential lots for the construction of housing and 9 development lots which would need to be further subdivided so that housing lots can be created.

3. The result of the approved subdivision is that upwards of 280 lots would be created within a single community scheme. Community schemes are administered in a similar manner to strata schemes. Decisions of the community association are made by the owners of the allotments covered by the community scheme. The size of the development would create difficulties in administering the community scheme. The applicant has suggested that if each dwelling is owned by two people, community association meetings may be attended by upwards of 560 people.

4. The proposal is to alter the subdivision to create 11 neighbourhood schemes within the development site. Each neighbourhood scheme would be represented by a neighbourhood association. Generally, the proposed subdivision would provide for approximately 20 housing lots within each neighbourhood scheme. The administration of the community association would be improved because the community association meetings would be attended by representatives from each neighbourhood association rather than the owners of all the dwellings within the Brickworks site.

STATUTORY CONTROLS

Environmental Planning and Assessment Act

5. Section 96(1A)(b) of the Act requires a consent authority to be satisfied that, ‘the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted’. The proposed amendments relate to the subdivision component of a development consent which included a significant amount of physical work including major earthworks, road construction and the provision of services. The amendments to the subdivision component of the consent are minor in nature as they relate to the administration of the community scheme. The development as modified is substantially the same development as the consent which was originally granted.

Parramatta Local Environmental Plan 2001

6. The amended subdivision proposal does not raise any issues with respect to the statutory controls of Parramatta Local Environmental Plan 2001. No changes to the existing housing allotments within proposed neighbourhood scheme 2 and 3 are proposed.

7. The amended subdivision proposal will improve the administration of the community scheme. As the site is a stand alone estate the changes will not have any bearing on the activities of Parramatta City Council. The proposal is consistent with the objectives of the Residential 2(a) zone.

Parramatta Local Environmental Plan 1996 (Heritage & Conservation)

8. The site is listed as a heritage item of State or regional significance under Parramatta Local Environmental Plan 1996 (Heritage & Conservation). The proposed amendments are consistent with the requirements of this plan.

CONSULTATION

9. In accordance with the requirements of the Notification DCP the application was advertised from 30 June 2008 to 14 July 2008. No submissions were received.

ISSUES

Heritage

10. The application does not propose any physical alterations to the site nor alter the existing allotment boundaries within the heritage precinct. The proposed amendments will have a neutral impact on the heritage significance of the heritage item.

Jonathon Goodwill

Senior Development Assessment Officer

Attachments:

1View	Locality Map	1 Page
2View	Plans and elevations	3 Pages
3View	Heritage Inventory	1 Page
4View	DA History	1 Page

REFERENCE MATERIAL

Regulatory Council 11 August 2008

Item 14.5

DEVELOPMENT APPLICATION

ITEM NUMBER 14.5

SUBJECT 366 Church Street, Parramatta.(Lot A DP 90292) (Arthur Phillip Ward).

DESCRIPTION Alterations and additions to a Heritage listed building currently used as a real estate office including a rear first floor extension. (Location Map - Attachment 1)

REFERENCE DA/942/2007 - Submitted - 2 November 2007

APPLICANT/S Church St Investments Pty Limited

OWNERS Church St Investments Pty Limited

REPORT OF Manager Development Services

PURPOSE:

To determine Development Application No. 942/2007 which seeks consent for the alterations and additions to a Heritage listed building used as a real estate office including a rear first floor extension.

The application is being referred to Council as the site is listed as a Heritage Item of State significance under Schedule 5 of Parramatta City Centre Local Environmental Plan 2007.

RECOMMENDATION

(a) That Council grant consent to Development Application No. 942/2007 subject to standard conditions and the following extraordinary conditions:

1. The proposed balcony over Church Street be deleted from the proposal.Amended plans illustrating this shall be submitted with the Construction Certificate.

Reason: To maintain the heritage significance of the site

2. The proposed modification of the central window to Church Street and its subsequent replacement with a ‘French door’ be deleted. Amended plans illustrating this shall be submitted with the Construction Certificate.

Reason: To maintain the heritage significance of the site

3. The windows on the rear addition should utilise frames of vertical proportions only. Amended plans illustrating this shall be submitted with the Construction Certificate.

Reason: To maintain the heritage significance of the site

4. The surviving original or early interior features, including staircases, fireplaces, walls and other potentially surviving elements should not be affected by the works. Annotation indicating this shall be provided on plans submitted with the Construction Certificate.

Reason: To maintain the heritage significance of the site

SITE & LOCALITY

1. The site is known as No. 366-368 Church Street, Parramatta (Lot A DP 90292). The site is located on the eastern side of Church Street between Victoria and Palmer Streets. The site backs onto Palmer Lane and has an area of 322.5sqm.

2. The site is currently occupied by a 2 storey 1850s sandstone shop with 1930s rear brick additions. The surrounding area is characterised by commercial buildings.

PROPOSAL

3. The application seeks approval for alterations and additions to a Heritage listed building used as a real estate office to include the following:

3.1 Additional floor area and a first floor balcony with a total area of 193sqm.

3.2 Operating hours Monday to Sunday 8:30am to 5:30pm.

3.3 Use as a real estate office.

STATUTORY CONTROLS

Sydney Regional Environmental Plan 28 – Parramatta

4. When the application was submitted on 2 November 2007, the subject site was zoned City Edge Zone (City Centre Precinct) under SREP 28 – Parramatta. Alterations and additions are permissible development within this zone. The proposed development is consistent with the objectives of the City Edge Zone (City Centre Precinct).

City Centre Local Environmental Plan – Parramatta

5. The site is zoned B4 Mixed use under the provisions of the City Centre Local Environmental Plan – Parramatta. Alterations and additions are permissible development within this zone. The application was submitted on 2 November 2007. Parramatta City Centre Local Environmental Plan 2007 came into effect on 21 December 2007. Accordingly the LEP is a matter for consideration once the LEP was exhibited. The proposed development is consistent with the objectives of the B4 Mixed use zone.

City Centre Local Development Control Plan

6. The proposed development is consistent with the objectives and controls of the City Centre Development Control Plan as the proposed alterations and additions facilitates the conservation and protection of the heritage item.

CONSULTATION

7. The application was notified in accordance with Council’s Notification DCP between 26 November 2008 and 10 December 2008. One submission was received. The issues raised in the submission include:

Concern is raised that the development should not be approved until a proper conservation and heritage study has been carried out

8. A Statement of Heritage Impact has been submitted with the application. The document has been referred to Council’s Heritage Advisor and NSW Heritage Office for comments, whom both raised no objections to the proposal subject to conditions of consent.

Concern is raised that the front façade is unsympathetic to heritage principles

9. The application has been referred to Council’s Heritage Advisor who also raised concern with the proposed changes to the front façade and has recommended conditions to ensure its retention. Subject to the imposition of these conditions, it is not considered the proposed alterations and additions will impact upon the heritage significance of the building.

ISSUES

Heritage

10. The site is listed as an item of State significance under City Centre Local Environmental Plan – Parramatta. The site is significant as it demonstrates commercial development which lined the major roads into Parramatta and the site is a rare example of a mid nineteenth century town building in Parramatta.

11. A Heritage Impact Statement has been prepared by Archnex Designs and was submitted with the development application. The report concludes:

“The proposed works are primarily to the rear of the existing building and is over an area currently used as a carpark and will have minimal impact on both the fabric and setting of the building.

Much of the Church Street façade appears to have been altered – particularly below the awning where a late 20^th century shopfront has been installed. The proposal to remove one of the early/original window sets entails an intervention in the fabric that may have some deleterious impacts on the presentation of the building to Church Street and the heritage listed Alfred Square opposite. If this aspect of the proposal is deemed to be appropriate, I would recommend that the façade be photographically recorded and the window unit stored in the attic (with an appropriate permanent notation to explain its provenance).”

12. Council’s Heritage Advisor has reviewed the proposal and provides the following comments:

“Background:

The subject building is a 1850s sandstone shop with 1930s rear brick additions. The site is listed in the Schedule 1 of the SREP 28, indicating a deemed State significance. The building contains several early and original features that, given the level of significance, warrant protection from the heritage grounds although the building is not formally listed in the State Heritage Register.

The property immediately adjoins the historic (former) St. Peter’s Church, located at 356 Church Street, which is also an item of deemed State significance. The site is located in the AMU 3115.

The main (west, Church Street) elevation features important original and early elements. Notably, the first floor elevation appears intact, including the fenestration with apparently original timber windows. The roofing over the front of the building is a replacement; however, the roof form is original. The main elevation also features a modern street awning that does not contribute to the presentation of the item or the adjoining St. Peter’s Church. The walls were generally rendered and painted, and the ground floor level of the main elevation features tiles and a modern aluminum shop front.

Proposal:

The current proposal is for extensive double storey rear additions (to be undertaken in two stages), and for and notable modifications to the front (west, Church Street) elevation of the building.

Application and Supportive Documents:

The current application includes sufficient relevant elements to allow assessment of heritage impact of the proposed works. The application includes architectural plans, a statement of Environmental Effect and a Statement of Heritage Impact; the latter generally follows the methodology of the NSW Heritage Office. The reviewed drawings were prepared by Design Cubicle Pty Ltd.

Issues and Comments:

The scale of the proposed additions appears acceptable, in that the bulk of the proposed addition is located behind the main body of the original building, in an area generally obscured by the large volumes of adjacent buildings and thus not visible from the public domain. Given the location near the centre of the street block, the proposed addition would only potentially be visible to the general public when viewed from the direction of the rear (service) lane.

The materials, finishes and colour scheme to be utilised were specified in the reviewed additional documents submitted. These appear acceptable, albeit it is not clear how the exact colours were selected.

However, the amended plans did not include any changes to the rear elevation. As outlined in my memo to Sara Matthews in January, it is recommended to utilise windows of vertical proportions even on the rear elevation of the addition, to keep consistency of the building’s presentation to its users and visitors.

The proposal includes retention of the important form and volume of the front portion of the historic house, as well as important interior features including the sandstone feature walls, fireplaces and the early timber staircase, which is appropriate. The general design and the architectural forms utilised in the rear addition are generally acceptable.

However, the proposal to modify the main elevation would have a negative impact in that the original fenestration pattern would be modified, and one of the three original windows replaced with an intrusive ‘french door’. This part of the proposal is not supported and should be deleted form the recommendation for determination of this DA. The proposal to create a balcony instead of the existing awning is not supported, as it would create an element of even more intrusive visual effect.”

13. To ensure that the original fenestration pattern is maintained and the heritage significance of the site is maintained, the following conditions have been imposed:

13.1 The proposed balcony over Church Street should be deleted from the proposal;

13.2 The proposed modification of the central window to Church Street and its subsequent replacement with a ‘French door’ should be deleted from the proposal;

13.3 The windows on the rear addition should utilise frames of vertical proportions only;

13.4 The surviving original or early interior features, including staircases, fireplaces, walls and other potentially surviving elements should not be affected by the works.

Car Parking

14. The proposed total floor area of the premise will be 193 square metres.

15. Clause 57 of Sydney Regional Environmental Plan 28 – Parramatta indicates that 10 spaces per 1000 square metres of gross floor area is to be provided for commercial uses in the City Centre Precinct. Four car parking spaces are provided for the site. Accordingly, the proposal complies with Councils car parking requirements under SREP 28 – Parramatta.

16. Part 22C of Parramatta City Centre Local Environmental Plan 2007 indicates that 1 parking space is to be provided for every 100 square metres of gross floor area for commercial uses. Four car parking spaces are provided for the site. Accordingly, the proposal complies with Councils car parking requirements under PCC LEP 2007.

Sophia Chin

Development Assessment Officer

Attachments:

1View	Locality Map	1 Page
2View	Plans and Elevations	5 Pages
3View	Heritage Inventory	3 Pages
4View	History of DA	1 Page

REFERENCE MATERIAL

Sue Coleman – Group Manager City Services			Assistant Minutes Clerk – Michael Wearne
Stephen Kerr – Group Manager Corporate			Minutes Clerk – Grant Davies
Marcelo Occhuizzi –Acting Group Manager Outcomes & Development

Clr Omar Jamal – Arthur Philip Ward			Clr Lorraine Wearne - Lachlan Macquarie Ward
Clr Anita Brown – Elizabeth Macarthur Ward			Clr John Chedid – Elizabeth Macarthur Ward
Clr David Borger – Macarthur Ward Elizabeth			Clr Andrew Wilson – Lachlan Macquarie Ward
Clr Paul Garrard – Woodville Ward			Clr Tony Issa, OAM – Woodville Ward
Clr Julia Finn – Arthur Philip Ward			Clr Brian Prudames – Caroline Chisholm Ward
Clr Chris Worthington – Caroline Chisholm Ward	Clr Pierre Esber, Deputy Lord Mayor – Lachlan Macquarie Ward	Clr Maureen Walsh – Wooville Ward	Clr Chiang Lim – Arthur Phillip Ward

1View	Plans and elevations	6 Pages
2View	Locality Map	1 Page
3View	Heritage Inventory Sheet	1 Page

Regulatory Council	11 August 2008