NOTICE OF Regulatory Council MEETING
The Meeting of Parramatta City Council will be held in the Council Chamber, Fourth Floor, 2 Civic Place, Parramatta on Tuesday, 14 April 2009 at 6:45 pm.
Dr. Robert Lang
Chief Executive Officer
Parramatta – the leading city at the heart of Sydney
30 Darcy Street Parramatta NSW 2150
PO Box 32 Parramatta
Phone 02 9806 5050 Fax 02 9806 5917 DX 8279 Parramatta
ABN 49 907 174 773 www.parracity.nsw.gov.au
“Think Before You Print”
COUNCIL CHAMBERS
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The Lord Mayor Clr Antoine (Tony) Issa, OAM – Woodville Ward |
Dr. Robert Lang, Chief Executive Officer - Parramatta City Council |
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Sue Coleman – Group Manager City Services |
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Assistant Minutes Clerk – Joy Bramham |
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Minutes Clerk – Grant Davies |
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Sue Weatherley–Group Manager Outcomes & Development |
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Clr Paul Barber – Caroline Chisholm Ward |
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Clr Lorraine Wearne - Lachlan Macquarie Ward |
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Clr Mark Lack – Elizabeth Macarthur Ward |
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Clr John Chedid – Elizabeth Macarthur Ward |
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Clr Glenn Elmore – Woodville Ward |
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Clr Scott Lloyd – Caroline Chisholm Ward |
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Clr Pierre Esber– Lachlan Macquarie Ward |
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Clr Andrew Wilson – Lachlan Macquarie Ward |
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Clr Prabir Maitra – Arthur Phillip Ward |
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Clr Andrew Bide – Caroline Chisholm Ward |
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Clr Julia Finn – Arthur Phillip Ward |
Clr Michael McDermott - Elizabeth Macarthur Ward |
Clr Paul Garrard, Deputy Lord Mayor – Woodville Ward |
Clr Chiang Lim – Arthur Phillip Ward |
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Staff |
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Staff |
GALLERY
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 CONFIRMATION OF MINUTES – Ordinary Council - 23 March 2009
2 APOLOGIES
3 DECLARATIONS OF INTEREST
4 Minutes of Lord Mayor
5 Public Forum
6 PETITIONS
7 Rescission Motions
7.1 Further Report - Draft Parramatta LEP 2008
8 Regulatory Reports
8.1 Draft Policy for the Handling of Unclear, Non-conforming, Insufficient and Amended Development Applications.
8.2 Variations to Standards under SEPP 1
8.3 Extension of Time for Validity of Development Consent
9 DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION
10 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD
11 Reports - Domestic Applications
11.1 Section 82A Review - 1/46 Wellington Road South Granville (Lot 1 SP 75186) (Woodville Ward)
11.2 20 Fallon Street, Rydalmere
(Lot 64 DP 36565) (Elizabeth Macarthur Ward)
11.3 16 Tristram Street, Ermington
(Lot 161 DP 36566) (Elizabeth Macarthur Ward)
11.4 7 Bourke Street, North Parramatta
(Lot 13 DP 35855) (Arthur Phillip Ward)
11.5 12 Buyuma Street, Carlingford (Lot 24 DP 229570) (Lachlan Macquarie Ward)
11.6 57 Chesterfield Road Epping (Lot 1 DP 8452) (Lachlan Macquarie)
12 Reports - Development Applications
12.1 15 Macquarie Street,
Parramatta (Hunter Street Carpark)
(Lot 2 DP 1123181)
12.2 'The Willows' Retirement Village, 226-236 Windsor Road, Winston Hills
12.3 2A Hassall Street, Parramatta (Commercial Hotel) Pt Lot 23 in DP 746354 (Arthur Phillip ward)
12.4 3 Mahony Road, Constitution Hill (Lot 123 DP 12452)
(Caroline Chisholm War)
12.5 44 Harris Street, Harris Park
Lot 111 DP 706525 (Elizabeth Macarthur Ward)
12.6 2 Darcy Road Westmead Lot 1 DP 1095407 (Arthur Phillip Ward)
12.7 Further report - Oatlands Golf Course (Lot 39 in DP808581) 94 Bettington Road, Oatlands & Vineyard Creek reserve (Lot 93 in DP846814) Elizabeth Macarthur Ward
12.8 109 - 113 George Street, Parramatta (Lots 8 - 11, 16 - 20 DP 1182 and Lots 12 - 13 DP 128929) (Arthur Phillip Ward)
13 DECISIONS FROM CLOSED SESSION
14 Closed Session
14.1 Tender 34/2008 South Street, Granville Town Centre Upgrade (Stage 2) - Civil, Drainage, Paving, Landscape and Streetscape Works
This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.
14.2 Refusal of Development Application for a commercial development at 17-21 Woodville Road and 2-4 Milton Street Granville
This report is confidential in accordance with section 10A (2) (g) of the Local Government act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
14.3 Independent Representatives for Council's Audit Committee
This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.
14.4 Legal Matters Monthly Report to Council
This report is confidential in accordance with section 10A (2) (g) of the Local Government act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
15 QUESTION TIME
Rescission Motions
14 April 2009
7.1 Further Report - Draft Parramatta LEP 2008
ITEM NUMBER 7.1
SUBJECT Further Report - Draft Parramatta LEP 2008
REFERENCE F2006/01198 - D01174369
REPORT OF N/A Recession Motion
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To be Moved by Councillor J D Finn |
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“That the resolution of the Ordinary Council Meeting held on 23 March, regarding the Further Report – Draft Parramatta LEP, namely:-
(a) That:- 1 The general agreement reached by Councillors at the workshop on 4 February 2008, on the matters identified on the report to Council of 23 February 2008 (Attachment 3), be included by Council as amendments to the draft LEP, with the deletion of the words “consideration of” from item (b) (3), together with the outcomes of the discussions of Ward Councillors working groups as outlined in Attachment 1. 2 That properties adjoining the ‘Winter House’ at 34 Adderton Road, corner Manson Street Dundas be zoned R2 to provide an appropriate curtilidge for that property. This zoning is to apply to the 2 adjoining properties on all boundaries of the Winter House including Adderton Road, Manson Street and Winter Street. 3 That No 21A Tucks Rd Toongabbie be reclassified as operational in Schedule 4 of the draft LEP 4 That a supermarket be a permissible development in conjunction with the B5 zone proposed for No 181 James Ruse Drive, Camellia (b) That Council adopt the recommendations relating to the draft Parramatta LEP (PLEP) as reported to Council 15 December 2008 and with the amendments outlined in (a), further: 1 That Council endorse draft Parramatta Local Environmental Plan (Attachments 7 & 8) as amended and seek section 65 certification from the Department of Planning to enable the public exhibition of the draft plan. 2 That Council be informed of the outcome of the certification process prior to the commencement of the formal exhibition and any significant changes be the subject of a further report. 3 That any land reservations required for public transport corridors relating to SREP 18 – Public Transport Corridors be included in draft PLEP prior to exhibition if resolved by the relevant State Government authorities. 4 That Council staff continue the process to further develop a voluntary planning agreement (VPA) for the No 2 Morton Street site with the proponent and the draft VPA be reported back to Council for endorsement with the aim of exhibiting the draft VPA concurrently with draft PLEP. 5 That Council agree in principle to the amalgamation of the City Centre LEP with the draft PLEP and that a further report on the process of amalgamation be presented to Council. 6 That, subject to advice to Council of those changes, should minor errors or anomalies be discovered in the draft PLEP maps or documentation, then those be rectified prior to exhibition of the draft LEP without being referred back to Council providing that any such proposed changes be circulated via email to all councillors with the reservation that upon any 3 councillors lodging a request in writing with the CEO by the close of business the following day, the matter must be brought back before the next Council meeting or if deemed urgent, by the CEO, considered by extraordinary meeting in accordance with s242 of the LG (General) Regulation 2005. (c) That the informal public information process on the draft LEP be carried out generally as outlined in Attachment 2 to this report prior to any formal exhibition of the draft PLEP. (d) That the informal public information process be undertaken for a 4 week period. (e) That the draft LEP as adopted be the subject of a further s64 pre submission meeting as required by the Department of Planning (DoP) and Council be advised of the outcome following that meeting as to the subsequent s65 certification process. (f) Further, that Council invite the owner(s) of land within the industrial precinct at River West Road, Parramatta, to discuss a separate process by which the rezoning of the land to allow a mix of uses including residential, be considered.
be and is hereby rescinded”
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1View |
Copy of the Previous Report considered by Council on 23 March 2009 |
71 Pages |
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Regulatory
14 April 2009
8.1 Draft Policy for the Handling of Unclear, Non-conforming, Insufficient and Amended Development Applications.
8.2 Variations to Standards under SEPP 1
8.3 Extension of Time for Validity of Development Consent
ITEM NUMBER 8.1
SUBJECT Draft Policy for the Handling of Unclear, Non-conforming, Insufficient and Amended Development Applications.
REFERENCE F2008/01194 - D01169691
REPORT OF Manager Development Services
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PURPOSE:
To obtain Council’s endorsement of a new policy which formalises Council practices in the handling of development applications which are unclear, contain insufficient information, or are non-compliant with the applicable controls.
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(a) That the policy for ‘Handling of unclear, non-conforming, insufficient and amended development applications’ as shown in Attachment 1 be adopted.
(b) Further, that a review of the Policy be carried out six months after the commencement of the Policy and a report be presented back to Council on the review.
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REPORT
One of the key corporate priorities in 2009 is to reduce determination times for development applications, with a target being set for 75% of DAs to be determined within 40 days (net). This priority is consistent with the Council resolution of 10 November 2008, which seeks Parramatta Council to be the most efficient metropolitan Council in NSW in processing development applications.
In achieving these targets a series of actions and strategies are required to reform the development assessment process. One such strategy that was endorsed
in-principal at the Regulatory Meeting of 9 March 2009 was the preparation of a policy on how incomplete and deficient DAs should be handled.
The purpose of such a policy is to facilitate an efficient and effective use of Council’s resources in the assessment of development applications. A copy of the draft policy that has been prepared for the ‘Handling of unclear, non-conforming, insufficient and amended development applications’ can be found in attachment 1 of this report.
The draft policy will provide staff with a clear and consistent understanding of how development applications that are deficient in information, unclear as to the intended outcomes and receipt of amendments during the assessment process should be managed, thereby ensuring consistency and providing certainty for applicants as to Council’s expectations.
One of the main issues addressed in this policy relates to Council not accepting substantial and multiple changes to the application during the assessment process. Such amendments to proposals require the re-notification/exhibition, re-assessment and re-referral of applications to internal and external partners which results in extensive delays in assessment processing times.
It is expected that by Council clearly communicating what it expects from applicants when development applications are lodged, and how incomplete development applications will be handled by staff, that the quality of applications submitted to Council will improve and help to reduce assessment processing times.
The Policy on the ‘Handling of unclear, non-conforming, insufficient and amended development applications’ will be available for public viewing by applicants and the community on the Parramatta City Council website www.parracity.nsw.gov.au, at the development advisory counter and will be provided to applicants when attending pre-lodgement meetings and when lodging development applications.
The draft policy for Handling DAs is just one strategy to reform the development assessment process. A large number of other reform initiatives are planned and are contained in a Development Assessment Reform Action Plan. The Action Plan identifies current issues with the development assessment process at Parramatta Council; staff responses to the issues and actions to address the issues. The Action Plan also includes timeframes for the completion of the actions over the next 6 months. Some of the actions include: establishment of a development advisory service to manage pre-lodgement and lodgement advisory services, development of a formal pre-lodgement policy, amendments to the Notifications DCP and the completion of a governance review of assessment processes. Further reports will be presented to Council over the next six months on implementation of the Action Plan.
A copy of the Action Plan has been provided for the information of Councillors in Attachment 2 to this report.
Louise Kerr
Manager Development Services
1 April 2009
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1View |
Draft Policy for the Handling of DA's |
5 Pages |
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2View |
Action Plan |
16 Pages |
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REFERENCE MATERIAL
ITEM NUMBER 8.2
SUBJECT Variations to Standards under SEPP 1
REFERENCE F2009/00431 - D01171136
REPORT OF Manager Development Services
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PURPOSE:
To provide Council with information each month on development applications determined where there has been a variation in standards under State Environmental Planning Policy No.1 or similar provisions under the standard instrument.
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That the report be received and noted.
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REPORT
In accordance with the reporting requirements prescribed in Planning Circular
PS08-014 issued by the NSW Department of Planning in 2008, two development applications have been determined where there has been a variation in standards under SEPP 1 or similar provisions under the Standard Instrument during the period 9 March 2009 to 26 March 2009.
Both of these development applications were approved at the Regulatory Council Meeting of 9 March 2009 and are shown in attachment 1.
Louise Kerr
Manager Development Services
26 March 2009
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Development Application variations under SEPP 1 - March report |
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REFERENCE MATERIAL
ITEM NUMBER 8.3
SUBJECT Extension
of Time for Validity of Development Consent
REFERENCE F2005/01043 - D01175486
REPORT OF Manager Development Services
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PURPOSE:
To provide Councillors with information on the provisions of the Environmental Planning and Assessment Act 1979 and associated regulations relating to the lapsing of development consents, and to formulate a policy position on requests which may be made under the provisions of section 95A of the Environmental Planning and Assessment Act 1979 to extend the current 3 year time limited development consents by a further 1 year.
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(a) That Council recognise the provisions of section 95A of the Environmental Planning and Assessment Act which allows applicants or any other person entitled to act on a development consent, to apply to Council, before the consent period expires, for an extension of 1 year to the development consent.
Note - The request for an extension of time is limited only to applicants or any other person entitled to act upon a consent that was issued by Parramatta City Council after 10 June 2008.
(b) That the CEO be delegated the function of Council to grant approval to requests for a 1 year extension of time as permitted under section 95A of the Environmental Planning and Assessment Act 1979. The delegated authority of Council to extend the development consent is limited to a period of 2 years.
(c) That Council’s policy on granting approval to a 1 year extension to a development consent does not apply if the application proposes a land use that is identified as a prohibited development in the relevant zone under Draft Parramatta Comprehensive LEP or the gazetted version of the LEP.
(d) Further that, all applications that seek a 1 year extension to the consent must be made in accordance with the provisions of section 95A of the Environmental Planning and Assessment Act 1979 and clause 114 of the Environmental Planning and Assessment Regulation 2000.
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BACKGROUND
Council at its meeting of 23 March 2009 considered a Notice of Motion put forward by Councillor Garrard and resolved the following:
· Request an urgent report seeking an amendment to Council’s existing policy, which allows for an approved DA to be valid for a period of up to 3 years, without substantial commencement, to be extended by up to one year, as allowed under existing State Government legislation.
· That the policy be made retrospective and that the council delegate to the CEO, the power to approve applications for the extension of development consents except for developments that would be prohibited under the Proposed Parramatta LEP 2009. This delegation be for a period of two years.
· That any policy change only be valid for a period of 2 years and after such time Council reconsider its position.
· That any policy change not include any DA which is prohibited under the Land uses described within the new proposed Parramatta LEP 2009.
Prior to the above resolution, Council at its meeting of 10 June 2008 resolved:
‘That Council reduce its current practice of issuing development consents that lapse 5 years after the date in which it operates to 3 years.’
In accordance with Council’s resolution of 10 June 2008 all development consents that have been issued by Parramatta City Council have been issued for a three year period.
REPORT
The period in which a development consent lapses is prescribed in section 95 of the Environmental Planning and Assessment Act 1979 (herein referred to as ‘the Act’).
Section 95(1) of the Act prescribes that a development consent lapses 5 years after the date from which it operates. Despite this provision, section 95(2) of the Act allows a consent authority to reduce the 5 year period when granting development consent. If a consent authority invokes a reduction as allowed in section 95(2), the reduction shall not be less than 2 years [refer to section 95(3)].
In accordance with the Council resolution of 10 June 2008, all development consents that have been issued by Parramatta City Council since 10 June 2008 are issued for a period of 3 years.
Section 95A(1) of the Act allows an applicant or any other person entitled to act on a consent in cases where the consent authority has reduced the period in which the consent lapses to less than 5 years (which is currently the case at Parramatta City Council), to apply to the consent authority, before the period expires, for an extension of 1 year.
In the event that a request is made for an extension of 1 year, section 95A(2) allows a consent authority to grant an extension for a 1 year period if it is satisfied that the applicant has shown good cause.
Clause 114 of the Environmental Planning and Assessment Regulation 2000 specifies how an application to extend the time to commence development must be made, and is as follows:
(a) in writing, and
(b) must identify the development consent to which it relates, and
(c) must indicate why the consent authority should extend the time.
If a consent authority grants a 1 year extension under section 95A it commences to run from the later of the following:
(a) the date on which the consent would have lapsed but for the extension,
(b) the date in which the consent authority granted the extension, or if the court has allowed the extension in determining an appeal, the date in which the court granted the extension.
The full extracts of sections 95 and 95A of the Act and clause 114 of the Environmental Planning and Assessment Regulation 2000 can be found in Attachment 1.
The recommendations of this report seek to formulate a policy position on requests which can be made under the provisions of section 95A of the Environmental Planning and Assessment Act 1979 to extend the 3 year time limited development consents that have been issued by Parramatta Council since 10 June 2008 by a further 1 year, and the circumstances in which approval for a 1 year extension will not be granted.
Louise Kerr
Manager Development Services
1 April 2009
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EPA Act 1979 & Regulation 2000 |
3 Pages |
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REFERENCE MATERIAL
Domestic Applications
14 April 2009
11.1 Section 82A Review - 1/46 Wellington Road South Granville (Lot 1 SP 75186) (Woodville Ward)
11.2 20 Fallon Street, Rydalmere
(Lot 64 DP 36565) (Elizabeth Macarthur Ward)
11.3 16 Tristram Street, Ermington
(Lot 161 DP 36566) (Elizabeth Macarthur Ward)
11.4 7 Bourke Street, North Parramatta
(Lot 13 DP 35855) (Arthur Phillip Ward)
11.5 12 Buyuma Street, Carlingford (Lot 24 DP 229570) (Lachlan Macquarie Ward)
11.6 57 Chesterfield Road Epping (Lot 1 DP 8452) (Lachlan Macquarie)
ITEM NUMBER 11.1
SUBJECT Section 82A Review - 1/46 Wellington Road South Granville (Lot 1 SP 75186) (Woodville Ward)
DESCRIPTION Fitout of unit 1 for the warehouse and repair of air-conditioner units.
REFERENCE DA/73/2008 - DA submitted 6 February 2008
APPLICANT/S Samir AlMansuri and Ruwaida Hamid
OWNERS Samir AlMansuri and Ruwaida Hamid
REPORT OF Manager Development Services
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EXECUTIVE SUMMARY:
This Section 82A Review application seeks Council’s reconsideration of the refusal to grant consent for the fitout and use of unit 1 for the warehouse and repair of air-conditioners. The original proposal was for the warehousing, sale and installation of air conditioner. The retailing of the air conditioners was a prohibited use in the Employment 4 zone and the DA was refused on this basis.
The Section 82A Review application has deleted the retail component and the applicant only seeks approval for warehousing of air conditioner units with associated storage and workshop areas. No direct sales to customers or a showroom is proposed as part of this application.
The Section 82A Review application is being referred to Council for determination in accordance with Council’s resolution requiring all such applications to be determined by Council.
No submissions have been received in respect of this application.
The application is recommended for approval subject to conditions, as it is consistent with the aims and objectives of the Employment 4 zone applying to the land, and is generally consistent with the aims and objectives contained within Parramatta Local Environment Plan 2001 and the previous issue with the application has been resolved. |
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(a) That Council change its determination and approve Development Application 73/2008 for the fitout and use of unit 1 for warehousing and repair of air-conditioner units at 1/46 Wellington Road South Granville, subject to the conditions of consent in Attachment 1 of this report.
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Ashleigh Matta
Development Assessment Officer
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1View |
Assessment Report |
8 Pages |
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Locality Map |
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3View |
Plans and Elevations |
3 Pages |
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Section 79C Report for Refused DA/73/2008 |
10 Pages |
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ITEM NUMBER 11.2
SUBJECT 20 Fallon Street, Rydalmere
(Lot 64 DP 36565) (Elizabeth Macarthur Ward)
DESCRIPTION Alterations and additions to the existing dwelling house including a first floor addition.
REFERENCE DA/883/2008 - Submitted 17 November 2008
APPLICANT/S Ning Yu
OWNERS Mr L Lin & Ms N Yu
REPORT OF Manager Development Services
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EXECUTIVE SUMMARY:
The application seeks approval for alterations and additions to the existing dwelling house including a first floor addition.
The application has been referred to Council as the proposal seeks a SEPP 1 variation of greater than 10% to Clause 39 ‘Height limits in residential zones’ in Parramatta Local Environmental Plan 2001. The proposal results in a dwelling house that will be 3 storeys in height by definition instead of 2 storeys as required under the development standard. In accordance with a Planning Circular released by the Department of Planning in November 2008 on ‘Reporting Variations to Development Standards' variations to development standards greater than 10% should be determined by Council.
No submissions have been received in respect of this application.
The proposed works are consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005. The proposed alterations and additions will not have an unacceptable impact on the amenity of adjoining properties and the SEPP 1 can be supported as the non compliance with the development standard will not result in any adverse privacy, shadowing or bulk and scale impacts on adjoining sites. The non compliance is a technical non compliance due to the definition of a storey under PLEP 2001 which includes any subfloor area greater than 1.2m above ground level as a storey. The dwelling house has an existing subfloor area of 1.35m and is therefore non compliant.
Accordingly, the application is recommended for approval.
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(a) That Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1.
(b) Further, that Development Application No. 883/2008 for alterations and additions to the existing dwelling house including a first floor addition on land at 20 Fallon Street, Rydalmere, be approved subject to conditions of consent in Attachment 1 of this report.
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Kate Lafferty
Senior Development Assessment Officer
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1View |
Assessment Report |
20 Pages |
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2View |
Location Map |
1 Page |
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3View |
Plans and Elevations |
7 Pages |
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REFERENCE MATERIAL
ITEM NUMBER 11.3
SUBJECT 16 Tristram Street, Ermington
(Lot 161 DP 36566) (Elizabeth Macarthur Ward)
DESCRIPTION Construction of a two storey dwelling with basement garage, inground swimming pool, front fence and retaining walls.
REFERENCE DA/769/2008 - 15th October 2008
APPLICANT/S Mrs D Birol
OWNERS Mrs D Birol
REPORT OF Manager Development Services
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EXECUTIVE SUMMARY
The application seeks approval for the construction of a two storey dwelling house with a basement garage, inground swimming pool, front fence and retaining walls upon the subject site.
The application has been referred to Council as the proposal seeks a SEPP 1 variation of greater than 10% to Clause 39 ‘Height limits in residential zones’ in Parramatta Local Environmental Plan 2001. The proposed dwelling results in a dwelling that will be three storeys in height by definition instead of two storeys as required under the development standard. In accordance with a Planning Circular released by the Department of Planning in November 2008 on ’Reporting Variations to Development Standards' variations to development standards greater than 10% should be determined by Council.
One submission has been received in respect of this application.
The proposed works are consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005, and is considered satisfactory in terms of design, bulk and scale. There is sufficient landscaping and open space areas provided as part of the proposal, and the new dwelling, pool, front fence and retaining walls are considered to be appropriately sited without impacting on the streetscape or adjoining properties. The non compliance is a technical non compliance due to the definition of a storey under PLEP 2001 which includes any subfloor area greater than 1.2 metres above ground level as a storey. The dwelling has proposed a basement area that protrudes 1.75m above the natural ground level of the site, and is therefore non compliant.
Accordingly, the application is recommended for approval.
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(a) That Development Application No 769/2008 for the construction of a two storey dwelling house with basement garage, inground swimming pool, front fence and retaining walls at 16 Tristram Street, Ermington be approved subject to the conditions of consent in Attachment 1 of this report.
(b) That Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1.
(c) Further that the objectors be advised of Council’s decision on the matter.
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Maya Sarwary
Senior Development Assessment Officer
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1View |
1. S.79C report |
40 Pages |
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2View |
2. Location Map |
1 Page |
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3View |
3. Plans |
4 Pages |
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4View |
4. Streetscape Elevation |
1 Page |
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REFERENCE MATERIAL
ITEM NUMBER 11.4
SUBJECT 7 Bourke Street, North Parramatta
(Lot 13 DP 35855) (Arthur Phillip Ward)
DESCRIPTION Use of the existing unit as a mechanical workshop.
REFERENCE DA/529/2008 - DA lodged 25 July 2008
APPLICANT/S Rydalmere Cab Services Pty Ltd
OWNERS Bai Li Holdings Pty Limited
REPORT OF Manager Development Services
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EXECUTIVE SUMMARY:
To provide Council with a further report subsequent to an onsite meeting which was held on Thursday 5th March 2009. Council at the regulatory meeting of 9 February 2009 resolved:
‘That consideration of this matter be deferred pending an on site meeting, the arrangement for which to be left in the hands of the Manager Development Services.’
It is recommended that DA/529/2008 be approved for subject to conditions and an extraordinary condition, as the proposal is consistent with the aims and objectives of the Employment 4 zone applying to the land and is consistent with the aims and objectives contained in Council’s LEP2001 and DCP2005.
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(a) That, Development Application No. 529/2008 for the use of the existing commercial unit as a mechanical workshop be approved subject to the conditions found in Attachment 1 to this report and the following extraordinary condition:
The drop off and/or pick up of towed or delivered vehicles to and from the site shall only take place in accordance with the approved hours of operation. Reason: To protect the amenity of the area.
(b) Further, that objectors be advised of Council’s decision.
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MINUTES OF ON SITE MEETING
3. In accordance with the resolution of Council an onsite meeting was arranged for Thursday 5 March 2009 commencing at 5.30pm. The meeting was attended by Clr Lim (Chairperson), Councils Development and Certification Team Leader, Councils Development and Certification Officer, the applicant, several surrounding business owners and a resident. The meeting proceeded as follows:
4. Clr Lim outlined the onsite meeting process, then the applicant described the proposal as the use of the unit as a mechanical workshop only, operating 8.30am-5.30pm Monday-Friday and 8.30am- 4.30pm Saturday.
5. The following issues were discussed:
Use of the site as a taxi depot
6. A resident raised concern that the site has been, and will continue to operate as a taxi depot with drivers making noise at all hours of the night.
7. This issue relating to the use of the property as a taxi depot is currently under investigation by the Environment and Development Control Team. A penalty infringement notice was issued 7 January 2009 for the unauthorised use of the premises as a taxi depot.
8. If approval is granted a condition of consent will be imposed that states that the property cannot be used as a taxi depot.
Hours of operation
9. The resident also raised concerns regarding the current operating hours, which appear to be 24hours a day, seven days a week, causing noise during the early hours of the morning.
10. As the proposal is for the use as a mechanical workshop, similar to other businesses along this section of Bourke Street, the approved days and hours of operation of the premises will be restricted to 8.30am to 6.30pm Monday to Saturday, and no work on Sunday & Public holidays. Any alterations to these hours would require further development approval.
11. No issues were raised by the local business owners regarding the use of the site as a mechanical workshop if it operated during normal business hours.
12. Clr Lim was provided with notes on the investigation which the Development Control team have carried out, including the issuing of a PIN.
13. Clr Lim then discussed concerns individually with the applicant and resident, and departed from the main group present at the site meeting.
14. It was during these individual discussions that the applicant acknowledged to Clr Lim the previous unauthorised use and agreed to comply with all conditions of consent.
15. The resident was advised that the proposed conditions of consent will require both the use of the premises only as a mechanical workshop and the hours of operation.
16. The meeting was closed at approximately 6.30pm as all issues had been discussed.
Nicholas Clarke
Development and Certification Officer
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Previous report to Council on 9 February 2009 |
16 Pages |
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2View |
Minute from Council meeting of 9 February 2009 |
1 Page |
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REFERENCE MATERIAL
ITEM NUMBER 11.5
SUBJECT 12 Buyuma Street, Carlingford (Lot 24 DP 229570) (Lachlan Macquarie Ward)
DESCRIPTION Proposed alterations and additions to an existing dwelling including a first floor addition, garage and new retaining wall.
REFERENCE DA/900/2008 - Submitted 24 November 2008
APPLICANT/S JKL Design
OWNERS Ms M J Hwang
REPORT OF Manager Development Services
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executive summary:
The application seeks approval for alterations and additions to an existing dwelling including a first floor addition, garage and new retaining wall.
The application has been referred to Council as the proposal seeks a SEPP 1 variation of greater than 10% to Clause 39 ‘Height limits in residential zones’ in Parramatta Local Environmental Plan 2001. The proposed dwelling results in a dwelling that will be three storeys in height by definition instead of two storeys as required under the development standard. In accordance with a Planning Circular released by the Department of Planning in November 2008 on ‘Reporting Variations to Development Standards’ variations to development standards greater than 10% should be determined by Council.
No submissions have been received in respect of this application.
The proposed works are consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005, and is considered satisfactory in terms of design, bulk and scale. There is sufficient landscaping and open space area provided as part of the proposal, and the proposed additions will not impact the streetscape or adjoining properties. The non compliance is a technical non compliance due to the definition of a storey under PLEP 2001 which includes any subfloor area greater than 1.2 metres above ground level as a storey. The existing dwelling has a subfloor area of up to 1.8metres and the proposal includes incorporating a garage into the subfloor area and constructing a first floor addition. Due to the subfloor area, the dwelling will be 3 storey at one point along the dwelling, and is therefore non compliant.
Accordingly, the application is recommended for approval.
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(a) That, Council supports the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1.
(b) Further that, Development Application No. 900/2008 for alterations and additions to an existing dwelling including a first floor addition, garage and new retaining wall on land at 12 Buyuma Street Carlingford, be approved subject to conditions of consent in Attachment 1 of this report. |
Ashleigh Matta
Development Assessment Officer
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ITEM NUMBER 11.6
SUBJECT 57 Chesterfield Road Epping (Lot 1 DP 8452) (Lachlan Macquarie)
DESCRIPTION Section 96 (1A) Modification to an approved 2 storey dwelling. Modifications include design changes to the rear of the approved dwelling, including the extension of a first floor terrace with a 1.7m high privacy screen, the provision of an underground rainwater tank, modified roof form, rear addition to the ground floor family room and first floor void and aluminium windows to the rear and side elevations in lieu of the timber windows.
REFERENCE DA/786/2006/A - Submitted 3 November 2008
APPLICANT/S Mr E Y Yi
OWNERS Mr E Y Yi and Ms G O Yi
REPORT OF Manager Development Services
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executuve summary
The application seeks approval for the Section 96 (1A) modification to an approved 2 storey dwelling. Modifications include design changes to the rear of the dwelling, including the extension of a first floor terrace with a 1.7m high privacy screen, the provision of an underground rainwater tank, modified roof form and aluminium windows to the rear and side elevations in lieu of timber windows.
The proposed change in window materials from timber to aluminium is not supported, given the windows along the side elevations of the dwelling will be viewed from the street and the previously approved timber framed windows will respect the character of the locality.
The remainder of the changes proposed with this Section 96 application are supported as they will not result in any adverse impacts.
The application is being referred to Council for determination due to 8 submissions being received during the notification period.
An on site meeting for the application was held on 5 February 2009 to discuss concerns raised by the residents in regard to the Section 96 modification.
The Section 96 modification is recommended for approval subject to conditions and the retention of timber framed windows on the basis that the modifications are consistent with the aims and objectives of the Residential 2(a) zone applying to the land, is generally consistent with the aims and objectives contained within Councils Parramatta Local Environmental Plan 2001 and Development Control Plan 2005. |
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That Council modify Development Consent No. 786/2006 in the following manner: Changes to the rear of the approved dwelling including the extension of a first floor terrace with a 1.7m high privacy screen and the provision of an underground rainwater tank at 57 Chesterfield Road Epping and the consent be modified in the following manner: (a) Amend condition 1 as shown in attachment 1 of this report. (b) Add 2 conditions as shown in attachment 1 of this report. |
Ashleigh Matta
Development Assessment Officer
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Previous Council Report for DA/786/2006 |
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REFERENCE MATERIAL
Development Applications
14 April 2009
12.1 15 Macquarie Street, Parramatta (Hunter Street
Carpark)
(Lot 2 DP 1123181)
12.2 'The Willows' Retirement Village, 226-236 Windsor Road, Winston Hills
12.3 2A Hassall Street, Parramatta (Commercial Hotel) Pt Lot 23 in DP 746354 (Arthur Phillip ward)
12.4 3 Mahony Road, Constitution Hill (Lot 123 DP 12452)
(Caroline Chisholm War)
12.5 44 Harris Street, Harris Park
Lot 111 DP 706525 (Elizabeth Macarthur Ward)
12.6 2 Darcy Road Westmead Lot 1 DP 1095407 (Arthur Phillip Ward)
12.7 Further report - Oatlands Golf Course (Lot 39 in DP808581) 94 Bettington Road, Oatlands & Vineyard Creek reserve (Lot 93 in DP846814) Elizabeth Macarthur Ward
12.8 109 - 113 George Street, Parramatta (Lots 8 - 11, 16 - 20 DP 1182 and Lots 12 - 13 DP 128929) (Arthur Phillip Ward)
ITEM NUMBER 12.1
SUBJECT 15 Macquarie Street, Parramatta (Hunter Street Carpark)
(Lot 2 DP 1123181)
DESCRIPTION Section 96 to approved alterations to a multi-level carpark by modifying Condition No. 8 that required a new automatic pay station to be provided on the ground level of the car park.
REFERENCE DA/292/2007/A - Submitted: 17 December 2008
APPLICANT/S Capital Projects Unit - Parramatta City Council
OWNERS Parramatta City Council
REPORT OF Manager Development Services
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Executive summary:
An application has been received which seeks to modify Condition No. 8 of Development Consent No. 292/2007. Condition No. 8 of the consent identifies a number of measures that are to be carried out to improve safety and amenity to users of the car park entry. One such measure is the reallocation of one or provision of a new automatic pay station on the ground floor. This application seeks to delete this requirement.
The application has been referred to Council as the applicant is the Capital Projects Unit at Parramatta City Council and the site is owned by Parramatta City Council. No objection has been received in respect of this application and the assessment of the Development Application has been carried out by an independent planning consultant.
The request to delete part of Condition No. 8 is supported as the ground level of the car park is only used by permanent parkers who use a swipe card to access their reserved spot a pay station is not required to be provided on this level. Accordingly, approval of the Section 96 application is recommended.
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That Council modify Development Consent No. 292/2007 in the following manner:
1. Delete the third dot point of Condition No. 8; and 2. Add the following condition, “No parking spaces on the ground floor level are to be made available for use as public parking spaces with all ground level spaces to be allocated to tenants”.
Kerry Gordon Independent Planning Consultant
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Notice of Determination - DA/292/2007 |
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ITEM NUMBER 12.2
SUBJECT 'The Willows' Retirement Village, 226-236 Windsor Road, Winston Hills
DESCRIPTION Additional housing to the senior's village, comprising a 60 bed care facility, 17 hostel units and 74 self-contained dwellings, strata subdivision, site works and tree removal.
REFERENCE DA/703/2008 - lodged 26th September, 2008
APPLICANT/S Aevum Limited
OWNERS Owner's Corporation SP 34043 The Willows Retirement Village Executive Committee
REPORT OF Manager Development Services
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EXECUTIVE SUMMARY:
Council has received a development application pursuant to SEPP (Housing for Seniors or People with a Disability) 2004 for the expansion of ‘The Willows’ Retirement Village, comprising additional accommodation and facilities to the senior's village in the form of a 60 bed care facility, 17 hostel units and 74 self-contained dwellings. It is also proposed to undertake strata subdivision, site works and tree removal.
The application has been reported to Council as it seeks variation to a number of the development standards contained in the Seniors Living SEPP by greater than 10%. It is also noted that the site contains heritage-listed European rock carvings at the rear of the site, prescribed by Schedule 1 of Parramatta Local Environmental Plan 1996 (Heritage and Conservation). These carvings are of regional significance having relevance to rural pioneers and rural industry prior to suburban development.
Three objections have been received in relation to the application.
The 19.5 hectare site currently comprises 48 serviced, self-care apartments, 141 self-contained dwellings and a wide range of facilities to cater for daily needs and the health and well-being of residents of the retirement village. The retirement village was granted consent by Council in 1986. Only 141 of the 244 villa type units originally approved and 48 of the hostel units have been built. This application seeks approval to construct the above development on the land previously set aside for construction of the remaining villas and hostel units.
The proposal involves 2 areas of non-compliance with development standards contained in State Environmental Planning Policy (housing for Seniors or People with a Disability) 2004, these relating to development exceeding 8 metres in height and to development exceeding a 2 storey height within the rear 25% of the site. The applicant is seeking variation to those development standards pursuant to SEPP 1. The findings of this report are that the SEPP 1 Objections are acceptable and granting consent to the application will not unreasonably impact the environment or the locality.
The proposed development is consistent with the objectives of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, Parramatta LEP 2001, Parramatta LEP 1996 (Heritage and Conservation), Parramatta DCP 2005 and Parramatta Heritage DCP 2001 and the proposal will not unreasonably affect the amenity of the surrounding area, subject to conditions relating to the operation and management of the premises.
The proposed development is consistent with the scale of nearby buildings either on or surrounding the site, has regard to the desired future character of the area and is of a design that is suitable to the site and its surrounds.
Approval of the development application is therefore recommended.
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(a) That Council support the variation to Clause 40(4)(a) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 under the provisions of State Environmental Planning Policy No.1 (Development Standards)
(b) That Council support the variation to Clause 40(4)(c) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 under the provisions of State Environmental Planning Policy No.1 (Development Standards)
(c) That development application No.703/2008 which seeks consent for the expansion of ‘The Willows’ Retirement Village, comprising additional accommodation and facilities to the senior's village in the form of a 60 bed care facility, 17 hostel units and 74 self-contained dwellings, strata and stratum subdivision, site works and tree removal on land at 226-236 Windsor Road, Winston Hills, be approved for a period of 3 years from the date of the notice of determination, subject to conditions of consent in Attachment 1 of this report.
(d) Further, that objectors be advised of Council’s decision.
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Alan Middlemiss
Senior Development Assessment Officer
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Section 79C Assessment Report |
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Site Plan |
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Approved Childcare Centre Floor Plan |
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Plans & Elevations |
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Drainage Easement |
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ITEM NUMBER 12.3
SUBJECT 2A Hassall Street, Parramatta (Commercial Hotel) Pt Lot 23 in DP 746354 (Arthur Phillip ward)
DESCRIPTION Alterations and additions to the Commercial Hotel
REFERENCE DA/690/2008 - lodged 19 September, 2008
APPLICANT/S Argos Investments Pty Ltd
OWNERS Argos Investments Pty Ltd
REPORT OF Manager Development Services
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Executive summary:
Development Application No. 690/2008 seeks consent for the reconfiguration, refurbishment and alterations and additions to the State significant, heritage-listed Commercial Hotel at 2A Hassall Street, Parramatta. The proposal involves alterations and additions, including an upgrade of the premises, new indoor and outdoor facilities at ground and first floor levels, reconfiguration of internal spaces, new bistro at ground floor level and conversion of first floor manager’s residence to a new dining and lounge area. The proposal also involves new perimeter landscaping, relocation of driveway and provision of new loading/unloading facilities.
Council’s Heritage Advisor and the Heritage Council of NSW have raised no concerns with the proposal, subject to conditions. Council’s Strategic Crime & Corruption Officer has raised no concerns with the proposal.
The application has been referred to Council due to the applicant seeking a variation to Clause 22D of Parramatta City Centre LEP 2007 relating to ‘Building Separation’ and needing to utilise the SEPP 1-like provisions of Clause 24 of the LEP to do so. No submissions have been received in response to the notification and advertising of this development application.
The rear additions are proposed to have a setback of 4.5 metres from the northern boundary. Clause 22D of the LEP refers to the building separation controls contained in Parramatta City Centre DCP 2007. The DCP states:
“Where permissible, side and rear boundaries are to be built to zero metres at lower levels of buildings. Setbacks of at least 6m are otherwise required.”
In this instance, the DCP requires a setback of 6 metres or zero metres, with the proposal thereby failing to comply by 1.5 metres (or 4.5 metres) in that part of the development adjacent to the outdoor dining/lounge area at ground floor level. The purpose of having either a zero or 6 metres setback is to ensure that buildings either address the street or provide a setback sufficient for landscaping or public art to be incorporated. The remainder of the development at ground and first floor levels complies with the building separation controls by either being set back more than 6 metres or having a zero setback.
The objection under Clause 24 of Parramatta City Centre LEP 2007 to clause 22D (Building Separation) of the LEP is well founded. Strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case, as the proposal satisfies the objectives of the development standard and will not compromise the amenity of the locality.
The proposal will improve amenity for patrons and staff of the premises by improving the quality of facilities provided, whilst respecting the heritage qualities of the c1895 building. The application is recommended for consent as it is consistent with the aims and objectives of the B3 Commercial zone applying to the land and is consistent with the aims and objectives contained within Parramatta City Centre LEP 2007 and the controls contained within the Parramatta Development Control Plan – City Centre.
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(a) That Council, as the consent authority, is of the opinion that the objection under Clause 24 (Exceptions to development standards) to clause 22D of Parramatta City Centre LEP 2007 (Building Separation) is well founded. That Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case as the proposal satisfies the objectives of the development standard and will not compromise the amenity of the locality.
(b) Further That Council, as the consent authority, being satisfied that the objection under Clause 24 of Parramatta City Centre Plan 2007 is well founded and also being of the opinion that the granting of consent to Development Application No. 690/2008, is consistent with the aims of the Policy, grant consent to DA No. 690/2008 for alterations and additions to the two storey pub at 2A Hassall Street, Parramatta subject to the condition of consent in Attachment 1 of this report. |
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Heritage Inventory Sheet |
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Plans & Elevations |
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Acoustic Report |
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Alan Middlemiss
Senior Development Assessment Officer
ITEM NUMBER 12.4
SUBJECT 3
Mahony Road, Constitution Hill (Lot 123 DP 12452)
(Caroline Chisholm War)
DESCRIPTION Section 96 (AA) modification to an approved multi-unit development containing 8 townhouses. Modifications include internal alterations to Units 1- 4 to create an additional bedroom.
REFERENCE DA/2552/2002/A - 19 November 2008
APPLICANT/S Mr B Kopuz and Mr K Kopuz and Mrs S Kopuz
OWNERS Mr R H Poole and Mrs D M Poole
REPORT OF Manager Development Services
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EXECUTIVE SUMMARY:
To determine an application to modify development consent No. 2552/2002 for an eight unit townhouse development which was approved by the Land and Environment Court.
The current application seeks to amend the development consent in the following manner:
· Creation of an additional bedroom within townhouses 1 to 4. These townhouses were approved as 2 bedroom townhouses and will now contain 3 bedrooms. · Changes to the window configuration of the northern elevation of Units 2, 3 and 4 with a bathroom window replaced with a bedroom window. · Changes to the finished floor levels of Unit 1 with a portion of the ground floor being lowered by 600mm to RL 31.11.
The application is referred to Council as four individual submissions and 1 petition from 14 different households have been received in respect of the application.
The proposed modifications are minor and are acceptable. They will not result in any detrimental impacts on the locality in terms of privacy, shading, bulk or scale. Adequate car parking is provided on the site with on-site parking exceeding that required by PDCP 2005. The modifications are generally consistent with the Parramatta LEP 2001 and Parramatta DCP 2005.
Approval of the application is recommended.
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(a) That Council as the consent authority modify Development Consent No. DA/2552/2002 issued by the Land and Environment Court by modifying condition number 1 which relates to the inclusion of additional plans, on land at 3 Mahony Street, CONSTITUTION HILL, as shown on the approved plans, subject to the following conditions and adding the following condition:
Condition No. 1 is to be modified to read as follows;
The development is to be carried out in compliance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Reason: To comply ensure the work is carried out in accordance with the approved plans.
Add the following condition:
1a) The northern boundary fence shall be of lapped and capped timber construction to a height of 1.8 metres. Reason: To provide consistency between the conditions of consent and the approved plans.
(b) Further that, the individual objectors and the head petitioner be advised of Council’s decision.
Denise Fernandez Development Assessment Officer 12 March 2009
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Land and Environment Court Judgement |
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Approved Architectural Plans |
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REFERENCE MATERIAL
ITEM NUMBER 12.5
SUBJECT 44 Harris Street, Harris Park
Lot 111 DP 706525 (Elizabeth Macarthur Ward)
DESCRIPTION Construction of a three storey residential flat building containing 9 units over basement car parking with strata subdivision.
REFERENCE DA/612/2008 - Submitted: 23 August 2008
APPLICANT/S Thursdair Eight Pty Ltd
OWNERS Mrs N M Gunnell
REPORT OF Manager Development Services
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EXECUTIVE SUMMARY:
The application seeks approval for the construction of a three storey residential flat building containing 9 units over basement car parking with strata subdivision.
The application has been referred to Council as the proposal seeks a SEPP 1 variation of greater than 10% to Clause 29Q(2) ‘Minimum Frontage for Multi-Unit developments’ in Sydney Regional Environmental Plan No. 28 - Parramatta. The subject site at No. 44 Harris Street, Harris Park has a frontage width of 15.45 metres instead of the required 18 metres under the development standard contained in SREP 28.
This is a long standing application that has undergone planning amendments to address Council’s planning controls and is now ready for determination.
No submissions have been received in respect of this application.
The site is isolated with an existing RFB to the north and an access handle to a Council reserve on its southern boundary. Despite the reduced site frontage and these constraints, the design of the building responds to the site and surrounds and has been supported by the SEPP 65 Design Review Panel.
The proposed works are consistent with the objectives of Sydney Regional Environmental Plan No. 28 - Parramatta and the Harris Park Development Control Plan. The proposed multi unit development will not have an unacceptable impact on the amenity of adjoining properties and the SEPP 1 can be supported as the non compliance with the development standard will not result in any adverse privacy, shadowing or bulk and scale impacts on adjoining sites.
Accordingly, the application is recommended for approval.
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(a) That Council support the variation to Clause 29Q(2) of the SREP 28 under the provisions of SEPP 1.
(b) Further, that Development Application No. 612/2008 for construction of a three storey residential flat building containing 9 units over basement car parking and strata subdivision on land at 44 Harris Street, Harris Park subject to conditions of consent in Attachment 1 of this report.
Denise Fernandez Development Assessment Officer Development Assessment Unit
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Location Plan |
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Plans and Elevations |
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ITEM NUMBER 12.6
SUBJECT 2 Darcy Road Westmead Lot 1 DP 1095407 (Arthur Phillip Ward)
DESCRIPTION Demolition, alterations and additions to Catherine McAuley and Parramatta Marist High Schools. Construction of a primary school for 420 students and an out of school hours centre for 50 students. Rationalisation and expansion of vehicular and pedestrian access, on site set down areas and car parking facilities including increasing the number of car spaces from 200 to 262.
REFERENCE DA/853/2008 - Submitted 10 November 2008
APPLICANT/S Glanville Architects Pty Ltd
OWNERS Trustees of the Roman Catholic Church - Diocese of Parramatta
REPORT OF Manager Development Services
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EXECUTIVE SUMMARY:
This development application seeks consent for demolition, and alterations and additions to Catherine McAuley and Parramatta Marist High Schools plus the construction of a primary school for 420 students and an out of school hours centre for 50 students. To address existing traffic and car parking issues the rationalisation and expansion of vehicular and pedestrian access arrangements is also proposed. Central to these improvements is the extension of the internal road network, construction of a 40 space short term car park for parents and a 171 space multi storey car park for staff.
The site is located within Westmead and is close to other educational establishments and the Westmead medical precinct. The site is located within walking distance of Westmead railway station and the bus stops serviced by the transit way.
The DA is before Council for determination as the proposal has attracted 17 submissions.
The proposal is Integrated Development due a controlled activity approval being required from the NSW Department of Water and Energy. The NSW Department of Water and Energy have provided General Terms of Approval for the proposed development.
The use of the site for an educational establishment is a permissible use in the zone and the site is suitable for the expansion of the existing use. The majority of the submissions received in response to the notification of the development raised concern with the traffic impacts of the development. The traffic impacts of the development have been subject to a thorough assessment. The application seeks approval to address these impacts by increasing the length of the right hand turn lane on Darcy Road to provide additional queuing capacity and providing two westbound through lanes on Darcy Road between the site’s main entrance gate and the intersection with Bridge Street. Improvements both within the site and to the traffic arrangements on Darcy Road will improve the flow of traffic during peak school times and minimise the impact of school related traffic on the local road network.
The proposed works are designed to upgrade the facilities at the existing high schools. The proposed primary school and out of school hours centre will cater for the additional demand for primary school places due to the anticipated increase in the residential population of Westmead.
Accordingly, approval of the development application is recommended. |
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(a) That development Application No. 853/2008 for demolition, alterations and additions to Catherine McAuley and Parramatta Marist High Schools. Construction of a primary school for 420 students and an out of school hours centre for 50 students. Rationalisation and expansion of vehicular and pedestrian access, on site set down areas and car parking facilities including increasing the number of car spaces from 200 to 262 be approved subject to the conditions of consent in Attachment 1 of this report.
(b) Further that, the objectors be advised of Council’s decision.
Jonathan Goodwill Senior Development Assessment Officer |
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Comments from Council's Traffic Engineer |
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REFERENCE MATERIAL
ITEM NUMBER 12.7
SUBJECT Further report - Oatlands Golf Course (Lot 39 in DP808581) 94 Bettington Road, Oatlands & Vineyard Creek reserve (Lot 93 in DP846814) Elizabeth Macarthur Ward
DESCRIPTION Excavation of the floor of the dam adjacent to, and part of, Oatlands Golf Course to increase the capacity of the dam from 30 to 53 megalitres; landscaping works and relocation of sewer pipe from the floor of the dam into Vineyard Creek Reserve.
REFERENCE DA/953/2007 - lodged 6th November, 2007
APPLICANT/S Oatlands Golf Club
OWNERS Oatlands Golf Club, Sydney Water & Parramatta City Council
REPORT OF Manager Development Services
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PURPOSE:
To provide Councillors with an update on the application following the deferral of the application at Council’s Regulatory meeting of 9th February, 2009 for a mediation meeting, and to determine Development Application No. 953/2007 which seeks approval for the excavation of the floor of the dam adjacent to, and part of, Oatlands Golf Course to increase the capacity of the dam from 30 to 53 megalitres; landscaping works and relocation of a sewer pipe from the floor of the dam into Vineyard Creek Reserve.
This application was originally considered by Council at its Regulatory Meeting of 8th December, 2008, where it was resolved that “consideration of this matter be deferred until February 2009 and in the meantime, Councillors be given the opportunity to attend an on site meeting on this application”. (See Attachment 5)
At the Regulatory Council meeting of 9th February, 2009 Council further resolved that consideration of the application be deferred to enable a mediation meeting to be held at Council Chambers on Saturday 21st February, 2009 at 9.30am, with equal representation of both applicants and objectors, interested Councillors and with an invitation being forwarded to a representative of Sydney Water and the Department of Environment and Climate Change (see Attachment 2).
The mediation meeting was ultimately held on Saturday 7th March, 2009, attended by Councillors Chedid, Elmore, Finn, McDermott and Wilson. Seven nominated representatives of the community attended, as did Council’s Manager Development Services. The mediation meeting was facilitated by John McDermott of the Australian Commercial Disputes Centre (ACDC). A copy of the minutes of the mediation meeting is provided at Attachment 1.
This is a long standing application that has undergone amendments, additional information and mediation to address Council’s planning controls and the concerns of the local community and is now ready for determination.
The applicant’s commitment to the undertakings given during the mediation meeting is provided as Attachment 7.
Accordingly, the application is recommended for consent, subject to conditions as revised and included as Attachment 6. The additional conditions resulting from the mediation are Conditions 37-40. |
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RECOMMENDATION
(a) That development application DA/953/2007) which seeks consent for the excavation of the floor of the dam adjacent to, and part of, Oatlands Golf Course to increase the capacity of the dam from 30 to 53 megalitres; landscaping works and relocation of a sewer pipe from the floor of the dam into Vineyard Creek Reserve be granted consent, subject to the revised conditions of consent in Attachment 6 of this report.
(b) Further, that objectors be advised of Council’s decision.
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Facilitation Report |
10 Pages |
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Minutes of the Regulatory Meeting of 9th February, 2009 |
6 Pages |
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Regulatory report and Attachments of the Regulatory Meeting of 9th February, 2009 |
84 Pages |
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On-site meeting notes 3rd February, 2009 |
5 Pages |
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Minutes of the Regulatory Meeting of 8th December, 2008 |
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Revised conditions of consent |
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Applicant's undertakings |
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Alan Middlemiss
Senior Development Assessment Officer
ITEM NUMBER 12.8
SUBJECT 109 - 113 George Street, Parramatta (Lots 8 - 11, 16 - 20 DP 1182 and Lots 12 - 13 DP 128929) (Arthur Phillip Ward)
DESCRIPTION Construction of a 14 storey commercial office tower comprising 2 basement car parking levels, ground floor cafe, and up to 6 retail tenancies with associated site works and landscaping.
REFERENCE DA/637/2008 - 5 September 2008
APPLICANT/S Eureka 2 Project 10 Pty Ltd
OWNERS Eureka 2 Project 10 Pty Ltd
REPORT OF Manager Development Services
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PURPOSE:
This application seeks approval for the construction of a 14 storey commercial office tower comprising 2 basement car parking levels for 147 vehicles, a cafe and up to 6 retail tenancies on the ground with associated site works and landscaping. Vehicular access is provided from Union Street.
The application has been referred to Council as the application seeks to variations to some of the development controls in the City Centre LEP by more than 10% (ie. building separation, street frontage setbacks, building depth, carparking). It is also noted that the application seeks variations by up to 10% for FSR and height and the proposal has been the subject of a Design Excellence Competition.
The site is a large allotment with an area of 3,656sqm and street frontages to George Street, Union Street and Argus Lane. The proposed building is well designed, proposes a substantial increase to quality A grade commercial floor space within the Parramatta CBD, is consistent with the expected built forms for commercial development within the Parramatta CBD and will not result in any adverse impacts.
The design of the building incorporates ecologically sustainable elements including energy monitoring of commercial and retail uses, achieves a 5-star Greenstar and 5 – star NABERS rating and assists to reduce greenhouse gases.
The proposed mixed use building is consistent with the objectives of the City Centre LEP 2007 and City Centre DCP 2007. The proposal was the winning design scheme of a Design Excellence Competition that was carried out in 2008.
Two submissions have been received in relation to the application. None of the issues that have been raised in the submission would warrant refusal of the application. All government agencies that have reviewed the application raise no objections to the approval of the application.
This is a long standing application that has undergone amendments to address planning issues and approval of the application is now recommended.
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(a) That development application (DA/637/2008) which seeks approval for the construction of a 14 storey commercial office tower comprising 2 basement car parking levels, ground floor cafe and up to 6 retail tenancies with associated site works and landscaping be approved subject to a deferred commencement as outlined in Attachment 1 of this report.
(b) That Council support the variations to clauses 21(2), 22(3), 22B(6), 22C and 22D of the City Centre Local Environmental Plan 2007.
(c) Further that, the objectors be advised of Councils decision.
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Delegated Report |
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Locality Plan |
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Plans and Elevations |
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