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 Monday, 10 August 2009 at 6:45pm.
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, Deputy Lord Mayor 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 - 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 - Regulatory Council - 13 July 2009
2 APOLOGIES
3 DECLARATIONS OF INTEREST
4 Minutes of Lord Mayor
5 Public Forum
6 PETITIONS
7 Rescission Motions
7.1 Section 82A Review - 356 Church Street Parramatta
8 Regulatory Reports
8.1 Variations to Standards under SEPP 1
9 DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION
10 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD
11 Reports - Domestic Applications
11.1 10 Saxon Place Constitution Hill (Lot 12 DP 229336 D E) Arthur Phillip Ward
11.2 332 Pennant Hills Road, Carlingford
(Lot 1 DP 128517) (Lachlan Macquarie Ward)
11.3 59A Isabella Street, North Parramatta
(Lot 22 DP 856857) (Elizabeth Macarthur Ward)
11.4 45-47 Rawson Street
and closure of part of Rawson Street, Epping
(Lot 101 DP 838314) (Lachlan Macquarie Ward)
12 Reports - Development Applications
12.1 Old Salesyard Reserve, 80 Gladstone Street, North Parramatta (Lots 852A and 852B DP 368761) (Elizabeth Macarthur Ward) (Location map - Attachment 1)
12.2 5A Rowell Street, Granville (Lot B in DP 163550)
12.3 20 Nobbs Street, South Granville (Lots 32 and 33 DP 1305)
(Elizabeth Macarthur Ward)
12.4 9 Hassall Street, Parramatta (Lot 6 DP 241 and Lot 14 DP 11507) (Arthur Phillip Ward)
12.5 32 Berry Street, Clyde (Lot 1 in DP 799094) (Elizabeth Macarthur Ward)
12.6 32 Berry Street, Clyde (Lot 1 in DP 799094) (Elizabeth Macarthur Ward)
12.7 1/110-112 Ballandella Road Pendle Hill (Lot 1 SP 37905) (Arthur Phillip Ward)
12.8 1/110-112 Ballandella Road Pendle Hill (Lot 1 SP 37905) (Arthur Phillip Ward)
12.9 353D Church Street Parramatta
13 DECISIONS FROM CLOSED SESSION
14 Closed Session
14.1 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.
14.2 Urgent Legal Matters
NOTE: No matters as yet.
15 QUESTION TIME
Rescission Motions
10 August 2009
7.1 Section 82A Review - 356 Church Street Parramatta
ITEM NUMBER 7.1
SUBJECT Section 82A Review - 356 Church Street Parramatta
REFERENCE DA/466/2008 - D01264335
REPORT OF N/A
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To be Moved by Councillor P J Garrard and seconded by Councillors C X Lim and A Bide:-
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“That the resolution of the Ordinary Council Meeting held on 27 July 2009, regarding Section 82A Review- 356 Church Street, Parramatta , namely:-
“That Council as the consent authority uphold its previous decision and refuse to grant consent to DA/466/2008 for the demolition of the heritage listed hall, restoration of the heritage listed St Peter’s Church and use as a restaurant, construction of a 13 storey hotel with basement car parking for 20 vehicles for the following reasons:
Aims and Objectives of City Centre LEP 2007
1 The development is contrary to the requirements of Clause 2 – ‘Aims of Plan’ of Parramatta City Centre LEP 2007. The demolition of a heritage listed building and the construction of a building of excessive height is contrary to aim (h) and aim (j). The development is also contrary to the objectives of the B4 Mixed Use zone in that it would not protect and enhance the unique qualities and character of special areas with the Parramatta City Centre.
Height & Design
2 The development is contrary to the requirements of Clause 21 – Height of Buildings of Parramatta City Centre LEP 2007. The development will compromise solar access to streets and nearby buildings, the height of the building does not have adequate regard to heritage sites, the development does not provide a high quality urban form for the northern and eastern elevations, the site is not appropriate for taller development, the development negatively impacts on historic views and the future built form and skyline of the Parramatta city centre
3 The development is contrary to the requirements of Clause 22B – Design Excellence of Parramatta City Centre LEP 2007. The development fails to appropriately address heritage issues, streetscape constraints, the principles of ecologically sustainable development, and the scale of the tower is excessive and incompatible with the future urban form of the area.
4 The development is contrary to the requirements of Clause 22D - Building Separation of Parramatta City Centre LEP 2007. The development fails to provide a minimum side and rear setback for that part of the building above 36m in height and a written request for the variation of this development standard was not submitted with the application.
5. The development is contrary to the requirements of Clause 22E – Ecologically sustainable development of Parramatta City Centre LEP 2007. The development fails to adequately address the following principles of Ecologically sustainable development; (a) greenhouse gas reduction, (f) energy efficiency and energy conservation, (b) embodied energy in materials and building processes, (c) building design and orientation, (d) passive solar design and day lighting, and (g) water conservation and water reuse.
6 The development is contrary to the requirements of part 2.1 - Building to street alignments and street setbacks of Parramatta City Centre DCP 2007 as the street setback of the development is not consistent with the existing street setback of the church hall.
7 The development is contrary to the requirements of part 2.2 - Street Frontage Heights of Parramatta City Centre DCP 2007 as the scale of the building is excessive in comparison to likely future development, the form of the building is inconsistent with the likely future form of development within the street block and the development would compromise solar access to the street.
8 The development is contrary to the requirements of part 3.8 - Building Exteriors of Parramatta City Centre DCP 2007 in that height of the building and the streetscape presentation of the eastern and northern elevations is unacceptable.
Heritage
9 The development is contrary to the requirements of Clause 22G – Special Areas of Parramatta City Centre LEP 2007. The development is not compatible with the character and significance of the Church Street North Special Area and the Prince Alfred Park Special area and would not reinforce the specific attributes and qualities of the built form of the Church Street North Special Area. 10 The development is contrary to the requirements of Clause 35 (heritage conservation) and 35A (historic view corridors) of Parramatta City Centre LEP 2007 as the development seeks approval for the demolition of a heritage item and would have a negative impact on the heritage significance of St Peter’s Church and historic view corridors.
11 The development is contrary to the requirements of part 7.1 - Controls for heritage and Special Uses of Parramatta City Centre DCP 2007 as the scale of the development is excessive and inadequate cartilage has been provided to St Peter’s Church. The development is also contrary to the requirements of part 7.3 - Special Area Controls of Parramatta City Centre DCP 2007 as the scale of the development would have a negative impact on the character of the Church Street North Special Area and the heritage character of Prince Alfred Park.
Documentation
12 The development does not satisfy the requirements of Clause 24 – Exceptions to Development Standards as a formal request to vary the Building Separation development standards of the Parramatta City Centre DCP was not submitted with the application.
13 The development is contrary to the requirements of Clause 33B – Acid Sulfate soils of Parramatta City Centre LEP 2007 as the site is located within 150m of class 1 land, incorporates excavation to a depth of at least 5m AHD and neither an acid sulphate soils management plan or preliminary assessment of the proposed works were submitted with the development application.
14 The development is contrary to the requirements of part 5.1 - Energy Efficiency and Conservation and Part 5.2 Integrated Water Cycle Management of Parramatta City Centre DCP 2007 as the development does not incorporate rainwater harvesting and re-use features and information demonstrating energy efficiency equivalent to a 4 star ABGR or NABERS rating was not submitted with the application.
Public Interest
15 That granting consent to this proposal would not be in the public interest and would create an undesirable precedent, particularly in relation to it being the demolition of a heritage item worthy of retention and the excessive height of the proposed hotel.”
be and is herby rescinded.”
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1View |
Previous Council report from 27 July 2009 |
59 Pages |
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Regulatory
10 August 2009
8.1 Variations to Standards under SEPP 1
ITEM NUMBER 8.1
SUBJECT Variations to Standards under SEPP 1
REFERENCE F2009/00431 - D01263550
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
PS 08-014 issued by the NSW Department of Planning, two (2) 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 1 July 2009 to 27 July 2009. The two applications were approved at the Regulatory Council Meeting of 13 July 2009, as shown in Attachment 1.
Louise Kerr
Manager Development Services
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Development Application Variations under SEPP 1 - July 2009 |
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REFERENCE MATERIAL
Domestic Applications
10 August 2009
11.1 10 Saxon Place Constitution Hill (Lot 12 DP 229336 D E) Arthur Phillip Ward
11.2 332 Pennant Hills Road, Carlingford
(Lot 1 DP 128517) (Lachlan Macquarie Ward)
11.3 59A Isabella Street, North Parramatta
(Lot 22 DP 856857) (Elizabeth Macarthur Ward)
11.4 45-47 Rawson Street and closure of part of Rawson Street, Epping
(Lot 101 DP 838314) (Lachlan Macquarie Ward)
ITEM NUMBER 11.1
SUBJECT 10 Saxon Place Constitution Hill (Lot 12 DP 229336 D E) Arthur Phillip Ward
DESCRIPTION Alterations and additions to the existing dwelling comprising of a first floor addition with an attached carport
REFERENCE DA/976/2008 - Submitted 24th December 2008
APPLICANT/S Ms L Tait
OWNERS Ms L Tait
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application has been referred to Council as the proposal seeks a variation greater than 10% to Clause 39 of PLEP 2001-height of dwellings and more than 7 submissions have been received.
EXECUTIVE SUMMARY
The application seeks approval for alterations and additions to the existing dwelling including a first floor addition and an attached open style carport.
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.
Eleven submissions have been received objecting to the application. It is also noted that an onsite meeting was held on 27th June 2009.
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 the addition of the first floor results in non compliance with the height controls.
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. 976/2008 for alterations and additions to the existing dwelling comprising of a first floor addition with an attached open style carport on land at 10 Saxon Place Constitution Hill be approved subject to conditions of consent in Attachment 3 of this report.
(c) Further that, the objectors including the petitioners be advised of Council’s decision on this matter.
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Michael Carter
Senior Development and Certification Assessment Officer
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Locality map |
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2View |
Section 79C report |
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3View |
Plans |
6 Pages |
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Confidential plans |
2 Pages |
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REFERENCE MATERIAL
ITEM NUMBER 11.2
SUBJECT 332 Pennant Hills Road, Carlingford
(Lot 1 DP 128517) (Lachlan Macquarie Ward)
DESCRIPTION Changing of existing illuminated sign content to include a variable LED message. No change to the size or location of the sign.
REFERENCE DA/190/2009 - Submitted 31 March 2009
APPLICANT/S Carlingford Sports, Bowling and Recreation Club
OWNERS Parramatta City Council
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The proposal involves Council owned land.
EXECUTIVE SUMMARY The application seeks approval to change the content of an existing sign at 332 Pennant Hills Road, Carlingford for the Carlingford Sports, Bowling and Recreation Club. There is no change proposed to the height, size or location of the sign. It is proposed to change the message component of the sign to include the name of the club, with a variable static LED display beneath, allowing the message to be changed. It is not proposed that the message will flash or move. The sign will remain illuminated.
Due to the land being owned by Parramatta City Council, the application has been assessed by an independent planning consultant.
No submissions to the application have been received.
The proposed change of signage content of the existing sign is ancillary to the club use of the land and clubs are a permissible use within the 6(a) zoning with the consent of Council. In this regard it is noted that whilst the site is part zoned 9(b), the sign is located on the 6(a) portion of the site. The proposal is considered an appropriate one for the zone and is consistent with the objectives of the zone, the objectives of SEPP 64 – Advertising and Signage and generally satisfies the controls for proposals in the open space zone. As the sign content is to be static, and does not involve moving or flashing wording, it is unlikely the sign will distract drivers on Pennant Hills Road to any significant degree and as such is unlikely to cause traffic disruption or accidents.
Accordingly, the application is recommended for approval.
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That Council as the consent authority, grant development consent to Development Application No. DA/190/2009 for change of the content of an existing sign and to allow a variable LED message display at 332 Pennant Hills Road, Carlingford, as shown on the approved plans, subject to conditions.
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Kerry Gordon
Independent Planning Consultant
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1View |
Section 79C Report |
11 Pages |
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2View |
Locality Map |
1 Page |
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3View |
Plans |
3 Pages |
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REFERENCE MATERIAL
ITEM NUMBER 11.3
SUBJECT 59A
Isabella Street, North Parramatta
(Lot 22 DP 856857) (Elizabeth Macarthur Ward)
DESCRIPTION Construction of a new single storey dwelling.
REFERENCE DA/165/2009 - Submitted 26 March 2009
APPLICANT/S Eden Brae Projects
OWNERS Ms D F Nheu
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application has been referred to Council as the proposal seeks a SEPP 1 variation of greater than 10% to Clause 38 ‘Minimum allotment sizes’ in Parramatta Local Environmental Plan 2001.
EXECUTIVE SUMMARY
The application seeks approval for the construction of a new single storey dwelling house.
Application LA/213027/1992/A on the reconsideration of a Subdivision Application to create two lots was approved 15 June 1993. This subdivision resulted in 59 Isabella Street, North Parramatta, being subdivided, with Lot 21 being 301.4sqm and the battleaxe allotment of Lot 22 known as 59A Isabella Street being 493.1sqm (including access handle).
The single storey dwelling is proposed to be constructed on Lot 22, being a vacant battleaxe allotment of 394.71sqm (excluding access handle).
Clause 38 – ‘Minimum allotment sizes’ of Parramatta LEP 2001 prescribes: (1) A dwelling house shall not be erected in any residential zone on an allotment of land, unless: (a) where the lot is a battleaxe allotment, it has a minimum area of 670 square metres
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. The proposed construction of a dwelling on a battleaxe allotment of 394.71sqm represents a 42% variation of Clause 38.
No submissions have been received in respect of this application.
The proposed dwelling is consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005. The proposed dwelling house will not have an unacceptable impact on the amenity of adjoining properties. The non compliance is due to the subdivision of the battleaxe allotment being approved on 15 June 1993 under Parramatta Planning Scheme Ordinance, which does not comply with the current development standard under Parramatta LEP 2001. The SEPP 1 can be supported as the non compliance with the minimum allotment size will not result in a dwelling that will generate any adverse privacy, shadowing or bulk and scale impacts on adjoining sites.
Accordingly, the application is recommended for approval subject to conditions.
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(a) That Council support the variation to Clause 38 of the PLEP 2001 under the provisions of SEPP 1.
(b) Further, that Development Application No. 165/2009 for the construction of a single storey dwelling on land at 59A Isabella Street, North Parramatta be approved subject to conditions of consent in Attachment 1 of this report.
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Nicholas Clarke
Development Assessment Officer
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1View |
Section 79C Report |
25 Pages |
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2View |
Locality map |
1 Page |
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3View |
Plans |
6 Pages |
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4 |
Confidential plans |
1 Page |
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REFERENCE MATERIAL
ITEM NUMBER 11.4
SUBJECT 45-47 Rawson Street and closure of part of Rawson Street, Epping
(Lot 101 DP 838314) (Lachlan Macquarie Ward)
DESCRIPTION Temporary use of land for Epping Street Fair to be held on Sunday 30th of August 2009
REFERENCE DA/343/2009 - 1st June 2009
APPLICANT/S The Epping Club
OWNERS Parramatta City Council
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The proposal involves Council owned property.
EXECUTIVE SUMMARY
The proposed date for the Epping Street Fair is Sunday 30 August 2009. The Fair will commence at 10am and close at 4pm. Approximately 5,000 - 8,000 visitors are expected over the course of the day. As the fair will be held on Council land the assessment of the Development Application has been carried out by an independent planning consultant.
The Fair will involve closing Rawson Street from the Bridge Street roundabout to the entrance of The Epping Club car park. The blocked off area will host approximately 55 street stalls including food, wine, educational displays and arts and crafts. Local community groups including sporting associations, schools and the Chamber of Commerce will also be actively involved.
No submissions have been received in response to notification of the proposal.
The proposal is consistent with the objectives and relevant controls of State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007, and is permissible with consent pursuant to the requirements of the Parramatta Local Environmental Plan 2001.
The proposal is considered to be acceptable and of public benefit, will not have a significant adverse impact on neighbouring properties, and as such is recommended for approval.
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That Development Application No. 343/2009 be approved subject to the conditions of consent in Attachment 1 of this report.
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Daniel McNamara
Independent Planning Consultant
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1View |
Section 79C Report |
20 Pages |
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2View |
Site plan |
1 Page |
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3View |
Locality Map |
1 Page |
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REFERENCE MATERIAL
Development Applications
10 August 2009
12.1 Old Salesyard Reserve, 80 Gladstone Street, North Parramatta (Lots 852A and 852B DP 368761) (Elizabeth Macarthur Ward) (Location map - Attachment 1)
12.2 5A Rowell Street, Granville (Lot B in DP 163550)
12.3 20 Nobbs Street, South Granville (Lots 32 and 33 DP
1305)
(Elizabeth Macarthur Ward)
12.4 9 Hassall Street, Parramatta (Lot 6 DP 241 and Lot 14 DP 11507) (Arthur Phillip Ward)
12.5 32 Berry Street, Clyde (Lot 1 in DP 799094) (Elizabeth Macarthur Ward)
12.6 32 Berry Street, Clyde (Lot 1 in DP 799094) (Elizabeth Macarthur Ward)
12.7 1/110-112 Ballandella Road Pendle Hill (Lot 1 SP 37905) (Arthur Phillip Ward)
12.8 1/110-112 Ballandella Road Pendle Hill (Lot 1 SP 37905) (Arthur Phillip Ward)
12.9 353D Church Street Parramatta
ITEM NUMBER 12.1
SUBJECT Old Salesyard Reserve, 80 Gladstone Street, North Parramatta (Lots 852A and 852B DP 368761) (Elizabeth Macarthur Ward) (Location map - Attachment 1)
DESCRIPTION Erection of an amenities building within existing sports field.
REFERENCE DA/204/2009 - Submitted 3 April 2009
APPLICANT/S Parramatta City Council
OWNERS Parramatta City Council
REPORT OF Manager Development Services
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Reasons for The proposal involves Council owned property. refERRAL
EXECUTIVE SUMMARY
The application seeks approval for the erection of an amenities building within the existing sports fields at Old Salesyard Reserve, 80 Gladstone Street, North Parramatta. As the Development Application has been submitted by Parramatta City Council the application has been assessed by an independent planning consultant.
Three submissions objecting to the application have been received, including a petition with 87 signatures.
The site is zoned 6(a) Public Open Space under Parramatta Local Environmental Plan 2001. The proposed works are defined as recreation facilities and are permissible with consent. The proposal is consistent with the objectives of the Parramatta Local Environmental Plan 2001 and Development Control Plan 2005 and is consistent with the zone objectives. The proposal satisfies the requirements of Clause 46 related to works in an open space zone as the amenities building supports the use of the site for open space and as such is complementary and will have a positive impact upon the open space.
The design is appropriate given the existing location of the rainwater tank, the layout of the sports fields and its height and bulk is appropriate for its use and the locality. The amenities proposed will improve the usability of the oval and as such is likely to improve its public use. The provision of an accessible toilet and path of travel will improve access to the park. The proposed amenities building and its use are unlikely to generate any significant level of noise or any other amenity impacts that would impact upon the area. Whilst it will add a new structure in the outlook of the residents on the other side of Corry Court, and thereby reduce their outlook to the sports grounds, particularly from the ground floor, the building is of appropriate scale and is appropriately located for the functioning and amenity of the sports ground. The area in which the amenity building is to be built contains no bushland or remnant bushland.
Due to the number of submissions, an on-site meeting was held on 27/6/09 with Councillors, staff and concerned residents, to inspect the site and allow residents the opportunity to discuss matters relating to the proposed development. In response to issues raised at the on-site meeting and particularly the proposed location of the amenities building, the applicant (Assets and Environment Unit) requested deferral of consideration of the Development Application to explore alternate locations available for the amenities block.
The applicant will be circulating prior to the Council meeting, information on the reasons and methodology for retaining the nominated location of the amenities building, as originally sought in the Development Application.
Subsequent to the on-site meeting notes being made available to the residents, the residents have raised additional comments that are to be discussed in further detail in Attachment 5 of this report, that reflect the discussions held at the site meeting.
The application is recommended for approval.
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(a) That Development Application No. 204/2009 that seeks approval to the erection of an amenities building within the existing sports field be approved subject to the conditions of consent in Attachment 4 of this report.
(b) Further that the objectors and head petitioner be advised of Council’s decision on this matter. |
Kerry Gordon
Independent Planning Consultant
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1View |
Locality map and petition. |
9 Pages |
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Plans |
5 Pages |
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Photograph of site |
1 Page |
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Section 79c report |
25 Pages |
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5View |
Further on site meeting notes |
4 Pages |
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REFERENCE MATERIAL
ITEM NUMBER 12.2
SUBJECT 5A Rowell Street, Granville (Lot B in DP 163550)
DESCRIPTION Section 96 Application (DA/452/2007/A) - modification to the hours of operation of an approved fellowship and training centre.
REFERENCE DA/452/2007/A - Submitted: 3 February 2009
APPLICANT/S Church of Pentecost
OWNERS Rowell Street Investments Pty Limited
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The modification application relates to an approved Place of Public Worship.
EXECUTIVE SUMMARY
The modification application seeks to extend the approved hours of operation from 9:00am to 4:00pm, 7 days a week to 9:00am to 10:00pm Monday to Friday and 9:00am to 9:00pm Saturday to Sunday.
The applicant indicates that the increased hours is to allow fellowship and training programs to be held later in the evening.
The proposal was referred to Council’s Environmental Health Team who reviewed the acoustic report and raised no objections to the proposal subject to conditions of consent.
One submission has been received objecting to the Section 96 application to increase the hours of operation for the training and fellowship centre.
As a result of a detailed assessment of the application including consideration of the submission received, it is considered that the proposed extended hours are unacceptable and will likely cause nuisance to nearby landowners. Given the likely impacts of the proposed hours, it is recommended that the proposed hours be reduced to 9:00am to 8:00pm, 7 days a week.
Overall, the change in operating hours will not substantially alter the development. The proposal is consistent with the objectives of Parramatta Local Environmental Plan 2001, Parramatta Development Control Plan 2005 and the objectives of the Mixed Use 10 Zone. Accordingly, DA/452/2007/A is recommended for approval. |
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(a) That Council as the consent authority modify Development Consent No. 452/2007 in the following manner:
1. Amend condition Nos. 1 & 3 2. Include 8 additional conditions as shown in Attachment 1 of this report.
(b) Further, the objector be advised of Council’s decision.
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Denise Fernandez
Development Assessment Officer
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Section 79C report |
10 Pages |
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Location Map |
1 Page |
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Consent for DA/452/2007 |
3 Pages |
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REFERENCE MATERIAL
ITEM NUMBER 12.3
SUBJECT 20 Nobbs Street, South Granville (Lots 32 and 33 DP 1305)
(Elizabeth Macarthur Ward)
DESCRIPTION Demolition, tree removal and construction of a 28 place child care centre
REFERENCE DA/491/2008 - 10 July 2008
APPLICANT/S Azhoul Pty Ltd
OWNERS Mr and Mrs Trad
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The exhibition of the development application has attracted 9 written submissions and a petition signed by 33 persons objecting to the proposal.
EXECUTIVE SUMMARY
The applicant seeks approval for demolition, tree removal and construction of a 28 place child care centre for children aged 2 -5 years and seeks approval to operate Monday to Friday 7:00am to 6:00pm.
The proposed child care centre is consistent with the objectives of Parramatta LEP 2001, Parramatta DCP 2005 and the Parramatta Child Care Centres Development Control Plan 2007. The proposal will not unreasonably affect the amenity of the surrounding area, subject to conditions of consent.
The site is located within a residential area with access to public transport and other community facilities and schools, including Granville East Public School. The design of the development takes into consideration the existing residential character and is considered to be compatible. In addition the child care centre will not generate undue privacy, noise or traffic impacts on adjoining properties.
Nine individual objection letters and a petition with 33 signatures have been received in respect to this application.
The application has undergone several amendments as a result of discussions with Council staff. The final plans demonstrate that the child care centre will provide a centre of a high standard. This is a long standing application that is now ready for determination.
The proposed development is permissible in the Residential 2B zone and will not have an unreasonable impact on the amenity of the area, and is therefore recommended for approval. |
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(a) That development application (DA/491/2008) which seeks consent for demolition, tree removal and construction of a 28 place child care centre be approved, subject to the conditions of consent contained in Attachment 1 of this report.
(b) Further, that objectors and head petitioner be advised of Council’s decision.
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Sara Matthews
Senior Development Assessment Officer
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Assessment Report |
36 Pages |
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Locality Plan |
1 Page |
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Plans and Elevations |
3 Pages |
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Locality Plan of Child Care Centres |
1 Page |
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ITEM NUMBER 12.4
SUBJECT 9 Hassall Street, Parramatta (Lot 6 DP 241 and Lot 14 DP 11507) (Arthur Phillip Ward)
DESCRIPTION Alterations and additions to an approved 17 storey mixed use development containing 118 apartments and two commercial tenancies. Additions include the construction of 4 new floor levels (known as 15 to 18) which increase the height of the building to 21 storeys and the number of apartments to 141. Alterations include modifications to the floor plate of levels 1 to 15 and 18 to 20, and the deletion of one level of basement car parking.
REFERENCE DA/848/2008 - 7 November 2008
APPLICANT/S H S D (Parra) Pty Limited
OWNERS H S D (Parra) Pty Limited
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application has been referred to Council as the proposal seeks a variation of greater than 10% to Clause 22D – Building Separation.
EXECUTIVE SUMMARY
The application seeks approval for alterations and additions to an approved 17 storey mixed use development containing 118 apartments. Additions include the construction of 4 new floor levels (known as levels 15 to 18) which increase the height of the building from 17 storeys to 21 storeys and the number of apartments from 118 to 141. Alterations also include modifications to the floor plate of levels 1 to 15 and 18 to 20, and the deletion of one level of basement which provided storage areas for dwelling. There is no loss of car parking.
The original application (DA/1757/2002) was approved on 4 August 2003. This DA was approved having regard to the height and floor space ratio controls contained within Sydney Regional Environmental Plan No. 28. These controls limited the height of the development to a maximum of 54 metres and the floor space ratio (FSR) to a maximum of 3.0:1. The approved development complied with these controls.
Parramatta City Centre Local Environmental Plan 2007 was gazetted on 21 December 2007, replacing Sydney Regional Environmental Plan No. 28. This plan allowed for an increase in the FSR of the site to a maximum of 6.5:1 and a height limit of 72 metres. The application seeks approval to increase the height of the building to 69.57 metres and the floor space ratio to 6.5:1.
The application has been reviewed by the SEPP 65 Design Review Panel and the applicant has suitably addressed the concerns raised by the Panel. In addition the Department of Planning has provided written concurrence to an exemption from the Architectural Design Competition requirement ordinarily applicable under Clause 22B of Parramatta City Centre LEP.
The development is consistent with the objective of the City Centre Local Environmental Plan 2007 and City Centre Development Control Plan 2007 with the exception of building separation where a nil setback is provided along the south elevation, and a 4 metre setback along the north east elevation. The setbacks are consistent with the setbacks approved under the original application in 2003.
A total of 3 submissions were received in response to the notification of the application. All issues raised have been addressed in the report and are not considered to warrant refusal of the application.
Despite the non compliance with the building separation requirements of Parramatta City Centre LEP and DCP the proposal is consistent with the zone objectives and maintains appropriate levels of privacy for adjoining sites, and will not result in undue shadowing impacts and is of an appropriate scale, bulk and form to surrounding development. Accordingly the proposal is recommended for approval. |
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(a) That Council support the variation to Clause 22D (Building Separation of the City Centre Local Environmental Plan 2007.
(b) That development application DA/848/2008 which seeks approval for alterations and additions to an approved mixed use development including the construction of 4 new floor levels an increase in height of the building to 21 storeys and the number of apartments to 141. Alterations to the mixed use development include internal redesign of dwellings located on levels 1 to 15 and 18 to 20, and the deletion of one level of basement previously approved for storage, be approved subject to a conditions consent as outlined in Attachment 1 of this report.
(c) Further, that the objectors be advised of Councils decision.
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Sara Matthews
Senior Development Assessment Officer
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1View |
Section 79C Report |
36 Pages |
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2View |
Location Map |
1 Page |
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3View |
Plans and elevations |
8 Pages |
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4View |
External finishes |
1 Page |
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Confidential plans |
4 Pages |
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ITEM NUMBER 12.5
SUBJECT 32 Berry Street, Clyde (Lot 1 in DP 799094) (Elizabeth Macarthur Ward)
DESCRIPTION Section 96(1A) modification to an approved brothel to change the internal layout of the premises.
REFERENCE DA/1679/2002/C - submitted 6 November 2008
APPLICANT/S Stewart Planning Group
OWNERS Mr Mark Palmer
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
Brothel application.
EXECUTIVE SUMMARY
Two applications have been received by Council that relate to the existing brothel located at 32 Berry Street. The brothel was approved by Council subject to conditions on 11th December, 2002 via Development Consent No. 1679/2002. Both of the applications seek to modify Development Consent No. 1679/2002 via section 96 of the Environmental Planning and Assessment Act.
The application referred to in this report (DA/1679/2002/C) seeks to modify the internal layout of the brothel. The extent of works relate to a new corridor extending from the hallway to the staff waiting room resulting in reduced area for Rooms 4 and 5, a new walk-in robe in part of the former hallway and a new alcove area preventing client access to the staff recreation room. The works do not increase the number of client rooms of the brothel. The works have been completed and the applicant is seeking retrospective approval to the completed works. The Section 96 application was submitted to Council on 6th November 2008. No submissions have been received in respect of this application.
The other application for this property, which is also listed on the August Regulatory Meeting (DA/1679/2002/D) seeks to increase the number of workers employed at the brothel from the approved 6 to 8.
The two applications despite relating to the same property and land use are not related or dependent on one another.
The application considered in this report has been assessed by Council’s Strategic Crime & Corruption Officer. The following comments have been made in relation to the application:
‘I have reviewed all the material submitted by the Applicant in support of the subject D.A. which seeks to carry out Section 96 modifications, by way of internal renovations. These modifications are in concert with DA /1679/2002/D which seeks intensification of the subject brothel with an increase in the authorised number of sex workers by two sex workers. There is no concern or objection to the internal modifications proposed. All issues of concern have been addressed in the review contained within DA/1679/2002/D.’
The application was also referred to the NSW Police for comment. No response has been provided from NSW Police on this matter. No public submissions have been received objecting to the DA. There are no planning issues that would warrant refusal of the application. Accordingly DA/1679/2002/C is recommended for approval.
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That Section 96 Application No. 1679/2002/C for modification to the internal layout of the ground floor of an approved brothel be approved, subject to the conditions in Attachment 1 of this report.
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Alan Middlemiss
Senior Development Assessment Officer
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1View |
Section 79C report for DA/1679/2002/C |
5 Pages |
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2View |
Locality Map |
1 Page |
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3View |
Floor Plan |
1 Page |
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4View |
Copy of current approved plan |
1 Page |
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5View |
Strategic Crime & Corruption Officer review of DA/1679/2002/C |
1 Page |
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REFERENCE MATERIAL
ITEM NUMBER 12.6
SUBJECT 32 Berry Street, Clyde (Lot 1 in DP 799094) (Elizabeth Macarthur Ward)
DESCRIPTION Section 96 application to an approved brothel to
increase the number of sex workers employed on the premises from 6 to 8.
REFERENCE DA/1679/2002/D - submitted 9 March 2009
APPLICANT/S Barker Ryan Stewart
OWNERS Dr C E Butt
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
Brothel applications.
EXECUTIVE SUMMARY
Two applications have been received by Council that relate to the existing brothel located at 32 Berry Street. The brothel was approved by Council subject to conditions on 11th December, 2002 via Development Consent No. 1679/2002. Both of the applications seek to modify Development Consent No. 1679/2002 via section 96 of the Environmental Planning and Assessment Act.
This application (DA/1679/2002/D) seeks to increase the number of workers employed at the brothel from the approved 6 to 8. The Section 96 application was submitted to Council on 9th March, 2009.
The other application which is also listed on the business paper for the August Regulatory Meeting (DA/1679/2002/C) seeks to modify the internal layout of the brothel.
The two applications despite relating to the same property and land use are not related or dependent on one another.
The subject application has been reviewed by Council’s Strategic Crime & Corruption Officer. The following conclusions have been made:
“Having considered all the relevant circumstances and in particular public interest considerations pursuant to Section 79C of the Environmental Planning & Assessment Act, I recommend that the Section 96 application be refused on the basis that it is not in the public interest to permit intensification of a brothel within an area that already has a cluster of brothels and where the current operation has displayed disregard for existing conditions of consent, evident through the number of breaches detected. I recommend against the approval of any additional increase in the number of sex workers.”
One submission has been received objecting to the Section 96 application to increase the number of employees. For the reasons outlined by Council’s Strategic Crime & Corruption Officer (namely, the public interest), the proposal is regarded as being inconsistent with the objectives of Parramatta Local Environmental Plan 2001, Parramatta Development Control Plan 2001 and the objectives of the Employment 4 zone. Accordingly, DA/1679/2002/D is recommended for refusal.
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(a) That Section 96 Application No. 1679/2002/D for modification to the number of employees be refused for the reason outlined in Attachment 2 of this report.
(b) Further, that the objector to Section 96 Application No. 1679/2002/D be advised of Council’s decision.
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Alan Middlemiss
Senior Development Assessment Officer
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1View |
Section 79 report for DA/1679/2002/D |
9 Pages |
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2View |
Locality Map |
1 Page |
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3View |
Floor Plan |
1 Page |
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4View |
Copy of current approved plan |
1 Page |
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5View |
Strategic Crime & Corruption Officer review of DA/1679/2002/D |
3 Pages |
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REFERENCE MATERIAL
ITEM NUMBER 12.7
SUBJECT 1/110-112 Ballandella Road Pendle Hill (Lot 1 SP 37905) (Arthur Phillip Ward)
DESCRIPTION Alterations and additions to an existing brothel including the provision of a client service room with disabled access on the ground floor level and alterations to the first floor level.
REFERENCE DA/136/2009 - submitted 17 March 2009
APPLICANT/S Song Li
OWNERS Mr Girolamo Chiddo & Mrs Maria Chiddo
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
Brothel application.
EXECUTIVE SUMMARY
Two applications have been received by Council that relate to the existing brothel located at 1/110-112 Ballandella Road, Pendle Hill. The brothel was approved by the Land & Environment Court in January 2004 subject to conditions via development consent number 102/2003.
This development application (DA/136/2009) seeks approval for alterations and additions to the approved brothel by providing a disabled access client room on the ground floor and converting an existing client room located on the first floor into a waiting area. The application does not increase the number of client rooms at the brothel. DA/136/2009 was submitted to Council on 17 March 2009.
The other application (which is listed separately on the August Regulatory Business Paper) is a section 96AA application that seeks to delete Condition 12 of Development Consent No.102/2003.
Despite the two applications being lodged independent of one another and 6 months apart, they are interrelated in that if approval was granted to the disabled access client room on the ground floor (ie DA/136/2009) it would be reasonable to delete the requirement to provide a stair lift to provide access to the first floor as disabled access would be provided to the premises (ie ground floor) and would satisfy DDA requirements.
However, if approval is not granted to the disabled access client room on the ground floor it would not be appropriate to delete Condition 12 of Development Consent No.102/2003.
Two submissions have been received objecting to DA/136/2009.
The application has been assessed by Council’s Strategic Analyst Crime and Corruption officer who has provided the following conclusions:
‘Having considered all the relevant circumstances and in particular public interest considerations pursuant to section 79C of the Environmental Planning & Assessment Act, I recommend that the subject application be strictly restricted to the installation of disabled access and a disabled service room only. I recommend against the approval of any additional staff rooms or staff rest rooms. Therefore in the circumstances that Council approves the proposed development, I recommend that the subject application is restricted and consent conditions recommended be imposed to prevent any attempts at intensification of the subject development.’
The full comments are contained in the section 79C assessment reports.
The NSW Police were also invited to make comment on DA/139/2009. No formal comment has been received from the NSW Police in relation to this DA.
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(a) That Council determine DA/136/2009 that seeks approval to alterations and additions to the existing brothel by providing a disabled access client room on the ground floor and converting an existing client room into a waiting room prior to determining the section 96AA application (DA/102/2003/A) that seeks deletion of Condition 12 of Development Consent No.102/2003.
(b) That Council approve DA/136/2009 for approval for alterations & additions to the approved brothel by providing a disabled access client room on the ground floor and converting an existing client room located on the first floor into a waiting area in accordance with the recommendation in Attachment 1 to this report.
(c) Further, that the objectors be advised of Council’s decision.
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Jonathan Goodwill
Senior Development Assessment Officer
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1View |
S79C Assessment Report for DA/136/2009 |
23 Pages |
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2View |
Locality Map |
1 Page |
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3View |
Plans and Elevations |
4 Pages |
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4View |
Comments from Strategic Crime & Corruption Officer |
3 Pages |
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ITEM NUMBER 12.8
SUBJECT 1/110-112 Ballandella Road Pendle Hill (Lot 1 SP 37905) (Arthur Phillip Ward)
DESCRIPTION Section 96 (AA) modification to an approved brothel. The modification seeks to delete a condition which requires the installation of a stair ascender to provide access to the first floor level.
REFERENCE DA/102/2003/A - submitted 19 September 2008
APPLICANT/S Song Li
OWNERS Mr Girolamo Chiddo & Mrs Maria Chiddo
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
Brothel application.
EXECUTIVE SUMMARY
Two applications have been received by Council that relate to the existing brothel located at 1/110-112 Ballandella Road, Pendle Hill. The brothel was approved by the Land & Environment Court in January 2004 subject to conditions via development consent number 102/2003.
This application is a Section 96AA application that seeks to delete Condition 12 of Development Consent No.102/2003. Condition 12 requires the installation of stair lift to the first floor. The section 96AA application was submitted to Council on 19 September 2008. It is not clear as to the reason for this condition, other than it is likely to have been included to permit access to the first floor of the brothel by persons with a mobility disability.
The other application which is listed on the business paper for the August Regulatory Meeting is DA/136/2009 that seeks approval to alterations and additions to the approved brothel by providing a disabled access client room on the ground floor and converting an existing client room located on the first floor into a waiting area.
Despite the two applications being lodged independent of one another and 6 months apart, they are interrelated in that if approval was granted to the disabled access client room on the ground floor (DA/136/2009) it would be reasonable to delete the requirement to provide a stair lift to provide access to the first floor as disabled access would be provided to the premises (ie ground floor) and would satisfy DDA requirements.
However, if approval is not granted to the disabled access client room on the ground floor it would not be appropriate to delete Condition 12 of Development Consent No.102/2003.
Four submissions have been received objecting to the section 96AA application.
The section 96AA application has been assessed by Council’s Strategic Analyst Crime and Corruption. The following comments were provided:
‘Given that the reasons provided are reasonable in the circumstances I now have no objection to the removal of condition 12 from the section 96 application.’
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(a) That in the event that DA/136/2009 is refused by Council, it is recommended that the request to delete condition no.12 of Development Consent No.102/2003 be refused, as deletion of condition 12 would prohibit access to the brothel by persons with a mobility disability which would be contrary to DDA requirements.
(b) That in the event that DA/136/2009 is approved by Council, it is recommended that condition No.12 be amended as reflected in the recommendation in Attachment 1 of this report.
(b) Further, that the objectors be advised of Council’s decision.
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Jonathan Goodwill
Senior Development Assessment Officer
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1View |
S79C Assessment Report for s96(AA) DA/102/2003/A |
9 Pages |
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2View |
Locality Map |
1 Page |
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3View |
Comments from Strategic Crime & Corruption Officer |
1 Page |
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ITEM NUMBER 12.9
SUBJECT 353D Church Street Parramatta
DESCRIPTION Use of Prince Alfred Park as a Spring Fair
REFERENCE DA/377/2009 - 17 June 2009
APPLICANT/S St Patrick's Cathedral
OWNERS Parramatta Council
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The proposal involves the use of a Public Reserve that is Council owned land.
EXECUTIVE SUMMARY
Approval is sought to use Prince Alfred Park for an Annual Spring Fair ("St Patrick's Cathedral Spring Fair") to be held on Saturday 5 September 2009 between the hours of 10.00am and 4.00pm. As the site to which the application relates is owned by Parramatta City Council the assessment of the Development Application has been carried out by an independent planning consultant.
The organisers anticipate that the event will attract 2,000 persons over the course of the day. The event is a fund raising activity to benefit St Patrick's Cathedral. The Fair will include a range of entertainment and rides, food stalls and non food stalls and the associated erection of a number of temporary structures.
It is proposed that supplies and equipment for the event will be delivered to the site prior to the event, from 3.00pm Friday September 4th, to 9.00am September 5th and will be removed from the site from the close of the event on September 5th after 4.00pm.
No streets will be blocked off to traffic. However, to assist in managing pedestrian traffic, barriers will be erected in Marist Place to direct pedestrians towards the designated crossing at the Victoria Road/Marist Place intersection. This crossing will be managed by Traffic Wardens. Emergency vehicle access will be via the south-western corner of the park (corner of Market Street and Marist Place).
Adequate security is to be provided for the event and an Emergency Management Plan, Traffic Management Plan and Waste Management Plan have been prepared.
Council’s Strategic Risk and Crime Analyst has reviewed the application and raises no objection to the proposal subject to conditions.
Following the close of the notification period no submissions have been received.
The proposal is considered to be consistent with the objectives of Parramatta City Centre Local Environmental Plan 2007 and will provide a community event with minimal impacts.
The event is a fund raising activity held annually to benefit St Patrick's Cathedral. The event will include temporary structures including, fete stalls, marquees, a stage and rides and games. After consideration of the development against section 79C of the Environmental Planning and Assessment Act 1979 and the relevant statutory and policy provisions, the proposal is considered to be consistent with the Parramatta City Centre LEP and DCP. Appropriate management measures have been implemented and it will provide positive social and economic impacts by allowing for social interaction and local employment opportunities and therefore is considered to be in the public interest. Accordingly the proposal is recommended for approval subject to conditions.
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That development application No DA/377/2009 for the proposed use of Prince Alfred Park as the venue for the St Patrick's Cathedral Spring Fair on Saturday 5 September 2009 be approved subject to the conditions nominated in the Attached Report.
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Brad Delapierre
Team Leader – Development Assessment
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1View |
Section 79C report |
17 Pages |
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2View |
Location map |
1 Page |
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3View |
Site plan |
1 Page |
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REFERENCE MATERIAL
