Agenda of Council (Development)

COUNCIL CHAMBERS

The Lord Mayor Clr Paul Garrard - Woodville Ward

Dr. Robert Lang, Chief Executive Officer - Parramatta City Council

Sue Coleman – Group Manager City Services			Assistant Minutes Clerk – Joy Bramham
Gregory Smith – Group Manager Corporate			Minutes Clerk – Grant Davies
Sue Weatherley–Group Manager Outcomes & Development

Clr Paul Barber – Caroline Chisholm Ward			Clr Lorraine Wearne, Lachlan Macquarie Ward
Clr Mark Lack – Elizabeth Macarthur Ward			Clr John Chedid – Elizabeth Macarthur Ward
Clr Glenn Elmore – Woodville Ward			Clr Scott Lloyd – Caroline Chisholm Ward
Clr Pierre Esber– Lachlan Macquarie Ward			Clr Andrew Wilson – Lachlan Macquarie Ward
Clr Prabir Maitra – Arthur Phillip Ward			Clr Andrew Bide – Caroline Chisholm Ward
Clr Julia Finn – Arthur Phillip Ward	Clr Michael McDermott - Elizabeth Macarthur Ward	Clr Antoine (Tony) Issa, OAM – Woodville Ward	Clr Chiang Lim, Deputy Lord Mayor – Arthur Phillip Ward

Staff

GALLERY

Council (Development)	7 December 2009

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council (Development) - 9 November 2009

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 Regulatory Reports

7.1 Variations to Standards under SEPP 1

8 City Development

8.1 Draft Parramatta Local Environmental Plan - section 65 Certification

9 City Leadership and Management

9.1 50th Anniversary Floodplain Management Authorities Conference - Gosford - 23 - 26 February 2010

10 DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

11 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

12 Reports - Domestic Applications

12.1 49 Keeler Street, Carlingford
(Lot 14 DP 8181) (Lachlan Macquarie Ward)

12.2 1 Marist Place, Parramatta
(Lot 1 DP 1034092) (Arthur Phillip Ward)

12.3 1 Horwood Place, Parramatta NSW 2150
(Lot 1 DP 628605) (Arthur Phillip Ward)

12.4 23 Lachlan Drive, Winston Hills
(Lot 80 DP 270075) (Caroline Chisholm Ward)

13 Reports - Major Applications

13.1 Further Report: 17 - 19 Bridge Street Rydalmere (Lot 48 DP 14244 & Lot 47 DP 14244)

13.2 562-564 Victoria Road, Ermington (Lots 72-78/80 DP 15173) (Elizabeth Macarthur Ward)

13.3 25 Calder Road, Rydalmere NSW 2116 (Lot 1 DP 21397) (Elizabeth Macarthur Ward)... 39

13.3 1/21 George Street, Parramatta
(Lot 1 SP 16099) (Arthur Philip Ward)....................................................................... 41

13.4 Section 82A Review of Determination - No.s 6A and 8 Lansdowne Street Parramatta (lot A DP 330620, Lot 1 DP 10387) (Elizabeth Macarthur Ward)

13.5 Shop 20, Greenway Arcade, 222 Church Street Parramatta (Lot 1 DP 702291) (Arthur Phillip Ward)

13.6 Church Street South between Fitzwilliam and Campbell Street and Aird Street, PARRAMATTA, NSW 2150 (Arthur Phillip Ward) (Location Map - Attachment 2) (For full legal description see attachment 4)

13.7 91 Blaxcell Street, Granville
(Lot 1 DP 128854) (Woodville Ward)

13.8 37 Midson Road, Eastwood (Lot 22 DP 286194)
(Lachlan Macquarie Ward)

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.

15 DECISIONS FROM CLOSED SESSION

16 QUESTION TIME

Regulatory Council 7 December 2009

Item 7.1

REGULATORY

ITEM NUMBER 7.1

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D01364175

REPORT OF Manager Development Services

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.

RECOMMENDATION

That the report be received and noted.

REPORT

In accordance with the reporting requirements prescribed in Planning Circular

PS 08-014 issued by the NSW Department of Planning, four (4) 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 28 October 2009 to 20 November 2009. All (4) development applications were approved at the Regulatory Council Meeting of 9 November 2009, as shown in Attachment 1.

Louise Kerr

Manager Development Services

Attachments:

1View

Development Application Variations under SEPP 1 - October 2009

2 Pages

REFERENCE MATERIAL

Regulatory Council 7 December 2009

Item 8.1

CITY DEVELOPMENT

ITEM NUMBER 8.1

SUBJECT Draft Parramatta Local Environmental Plan - section 65 Certification

REFERENCE F2006/01198 - D01353024

REPORT OF Senior Project Officer

PURPOSE:

To inform Council of the Department of Planning’s section 65 certificate conditions and seek Council’s endorsement to proceed to public exhibition of the draft Parramatta LEP.

RECOMMENDATION

(a) That Council note the Department of Planning’s conditions associated with the certification of the draft LEP as clarified by letter dated 11 November 2009 and amend the draft LEP accordingly.

(b) That as required by the Department of Planning, Council adopt an E3 Environmental Management zone for the former Moxham Quarry site at 166 Windsor Road Northmead for the public exhibition of the draft LEP.

(c) That following amendment of the draft LEP it be placed on public exhibition for a period of 6 weeks, excluding the December/ January holiday period and the exhibition proceed in the manner outlined in this report.

(d) Further, that the Council owned land rezonings and reclassifications endorsed for inclusion in the draft LEP proceed as a separate planning proposal to amend the LEP as required by the Department of Planning.

BACKGROUND

1. Council adopted the draft Parramatta Local Environmental Plan (LEP) on 23 March 2009 for the purposes of seeking a section 65 certificate from the Department of Planning (DoP) to enable the plan to proceed to public exhibition.

2. This report responds to Council’s decision of 23 March 2009 that it be informed of the outcome of the certification process and any significant changes being the subject of a further report. This discussion is included as Attachment 1.

3. Council has received a conditional section 65 certificate dated 26 October 2009, with covering letter from the DoP (Attachment 2). Councillors received a copy of this with covering memo dated 28 October 2009 in their Councillor Information booklet. The terms and conditions of the certificate are further clarified by a letter from the DoP dated 11 November 2009 (Attachment 3).

4. The conditions of the s65 certificate relate to the following:

(a) amendment of the draft LEP written instrument as indicated in Attachment 4,

(b) amendment of the draft LEP maps.

5. These amendments are required to be made prior to exhibition of the draft LEP, such that the draft plan meets the conditions of the certificate when placed on public exhibition. Council cannot legally exhibit the draft LEP unless the exhibition is consistent with the conditional section 65 certificate.

ISSUES

6. Matters required to be excluded from the draft LEP are discussed in more detail in Attachment 1. These include:

(a) Removal of Epping draft Heritage Conservation Areas and heritage items,

(b) Removal of Council owned land rezonings/reclassifications (see below),

(d) Removal of some of the changes made through the Ward Working Groups and Workshop (Refer to Attachment 5),

(e) Amendment of the permissibility of sex services premises such that they are permissible in all industrial zones (with separation requirements to residential land and other sensitive land uses),

(f) Deletion of the clause limiting the capacity of places of public worship to 250 seats (can be addressed as a DCP guideline).

LATER AMENDMENTS

7. There are a number of proposals that the DoP advises cannot proceed as part of the certified draft LEP. These can be put to the Department as later amendments, following the new procedures for amendment to an LEP by preparing a Planning Proposal. They are:

(a) Council owned land rezonings/reclassifications - These can proceed as a separate planning proposal whilst the draft LEP continues to be processed. This will mean that by the time the draft LEP is ready to be finalised and gazetted, the Council owned land proposals may also be ready for inclusion in the LEP once it is gazetted.

(b) Rydalmere B4 draft planning controls – this will require further planning studies as discussed in Attachment 1. This work will need to be included in the Land Use Team work program.

CONSULTATION

8. The statutory requirement for public exhibition of a draft principal LEP is 28 days. It is recommended that the draft Parramatta LEP be exhibited for a minimum of 6 weeks. The lead time to prepare for the public exhibition, once Council endorses this, is approximately 4 - 6 weeks to allow time to prepare revised maps and documentation for the exhibition, including printing and delivery of a mail out letter to in excess of 55,000 rate payers. Council’s notification policy precludes exhibition of proposals over the Christmas and New Year holiday period. It will therefore not possible to commence the public exhibition this year. However, it should be possible to commence the exhibition in the early months of 2010.

9. It is recommended that the public exhibition include the following components which are discussed in more detail in Attachment 1:

(a) A letter to all ratepayers,

(b) Letter to relevant public authorities and agencies,

(d) Exhibition material on Council’s web site, in all Council libraries, Epping library and the Parramatta City Council offices,

(e) A dedicated phone line for enquiries to be answered by Council’s planning officers.

CONCLUSION

10. Whilst not all of Council’s proposals in the draft LEP have received certification, there is scope to include some of these as future amendments to the LEP. The draft LEP, with amendments to meet the DoP’s certification requirements, will be in the main, very similar to that which was adopted by Council on 23 March 2009. It is recommended that Council proceed to exhibit the draft LEP as soon as possible.

Sue Stewart

Senior Project Officer Land Use Planning

Attachments:

1View	Detailed Report	6 Pages
2View	section 65 Certificate and Letter	9 Pages
3View	Section 65 Clarification	9 Pages
4	Draft Parramatta LEP - (separately bound)
5	Table of Councillor Amendments	8 Pages

REFERENCE MATERIAL

None.

Regulatory Council 7 December 2009

Item 9.1

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 9.1

SUBJECT 50th Anniversary Floodplain Management Authorities Conference - Gosford - 23 - 26 February 2010

REFERENCE F2004/06958 - D01361124

REPORT OF Service Manager - Council Support

PURPOSE:

This report is being placed before Council to seek the appointment of one (1) Councillor i.e. Lord Mayor or nominee, to attend the 50^th Anniversary Floodplain Management Authorities Conference in Gosford from 23 - 26 February 2010.

RECOMMENDATION

(a) That in line with Council Policy for a Category ‘C’ Conference, one (1) Councillor i.e. Lord Mayor or nominee, should be nominated to attend the 50^th Anniversary Floodplain Management Authorities Conference in Gosford from 23 - 26 February 2010.

(b) Further, that delegate registration, accommodation, travel and out-of-pocket expenses be deducted from account number 10.1260.712.644405 ‘Councillor Conferences’ which will be paid out of the $60,000 budget for the 2009/2010 financial year.

BACKGROUND

1. Being the 50^th Anniversary of the Floodplain Management Authority (FMA), Gosford will celebrate what has been achieved and look forward to the new challenges ahead of us.

2. The Conference will not just be about emerging issues in floodplains management, but will be a balanced discussion of practical, on-ground floodplain management and the policies and programs that impact on floodplain management across New South Wales, Australia and the globe.

3. The theme for Gosford 2010 is ‘2060 – what will your flood legacy be?’ The program will feature leaders in the field, presenting on a range of topics from education, climate change and water cycle to mitigating flood disasters, risk management and emergency response.

CONSULTATION & TIMING

4. For your information, please find below a list of Conferences attended so far this 2009/2010 financial year and those Councillors and staff who attended each:

§ Parks & Leisure Australia – 13-16 September 2009 – Darwin

Cr Wearne, Cr McDermott

§ 12^th International Riversymposium – 21-24 September 2009 – Brisbane

Cr Chedid, Cr Maitra, Cr Wearne

§ 22^nd LGAN Aboriginal Conference – 7-9 October 2009 – Ettalong

Cr Barber, Cr Lloyd

§ 2009 LGA Conference – 24-28 October 2009 – Tamworth

Cr Garrard, Cr Maitra, Cr Wearne

§ 10^th Annual ICTC Conference – 27-30 October 2009 – Geelong

Cr Elmore

§ 6^th Annual RMIA Conference – 22-25 November 2009 – Cairns

Cr Esber, Cr Issa, Cr Wilson

CONSULTATION & TIMING

5. Please note that the report is being tabled at this meeting to ensure all bookings are able to be made prior to the Christmas break, thereby ensuring adequate choice of accommodation, concurrent sessions etc.

FINANCIAL IMPLICATION FOR COUNCIL

6. The cost for attendance at this conference including registration, accommodation, travel and out-of-pocket expenses will be approximately $3000 per delegate.

Graeme Riddell

Service Manager – Council Support

Attachments:

1View

Floodplain Conference General Information

13 Pages

REFERENCE MATERIAL

Regulatory Council 7 December 2009

Item 12.1

DOMESTIC APPLICATION

ITEM NUMBER 12.1

SUBJECT 49 Keeler Street, Carlingford
(Lot 14 DP 8181) (Lachlan Macquarie Ward)

DESCRIPTION Demolition of existing structures, tree removal and construction of a 2 storey dwelling and front fence.

REFERENCE DA/428/2009 - 6 July 2009

APPLICANT/S Lifestyle Designer Homes Pty Ltd

OWNERS Mr J N Chen and Mrs W H Chen

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the application seeks a variation greater than 10% to the height control of Clause 39 of Local Environmental Plan 2001.

EXECUTIVE SUMMARYdone

The application seeks approval for demolition of the exisitng structures, tree removal and the construction of a 2 storey dwelling and front fence.

The application has been referred to Council as the proposal seeks to vary the height control of Clause 39 by greater than 10%. The proposed dwelling will be three storeys in height which is greater than the 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.

The proposed works are consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005, and are 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 is appropriately sited without impacting on the streetscape or adjoining properties. The non compliance with the height standard is a technical non compliance due to the definition of storey under PLEP 2001 which includes subfloor area greater than 1.2 metres above ground level. The non-compliance is a direct result of the higher than usual foundation area under the dwelling due to the sloping nature of the subject site.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Development Application No 428/2009 for demolition of the exisitng structures, tree removal and the construction of a 2 storey dwelling and front fence at 49 Keeler Street, Carlingford 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.

Maya Sarwary

Senior Development Assessment Officer

Attachments:

1View	Section 79C Report	31 Pages
2View	Location Map	1 Page
3View	Plans	5 Pages
4	Confidential plans	3 Pages

REFERENCE MATERIAL

Regulatory Council 7 December 2009

Item 12.2

DOMESTIC APPLICATION

ITEM NUMBER 12.2

SUBJECT 1 Marist Place, Parramatta
(Lot 1 DP 1034092) (Arthur Phillip Ward)

DESCRIPTION Internal alterations to an existing place of public worship comprising refurbishment of the chapel including demolition of concrete stairs and suspended slab floor, internal render and painting, new lighting and a new ceiling.

REFERENCE DA/690/2009 - Submitted 8 October 2009

APPLICANT/S Trustees Roman Catholic Church

OWNERS Trustees Roman Catholic Church

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The proposal involves works to a Place of Public Worship.

EXECUTIVE SUMMARY

Approval is sought for the internal alterations to an existing place of public worship.

Proposed works include locking an external door, removal of a suspended concrete slab (mezzanine) and access stairs, providing an opening between the Chapel and the Ambulatory (Gallery) and refurbishment of the entire church interior by way of internal render and painting, new lighting, security cameras and a new plasterboard ceiling.

One submission was received from the Heritage Branch of the Department of Planning raising concern that the proposed works may disturb subsoil remains located at the site. A condition of consent will ensure that if any archaeological relics are discovered (or are believed to be discovered) during works, the works shall cease and the NSW Heritage Branch of Department of Planning shall be notified, in accordance with the NSW Heritage Act.

The application was referred to Council’s Heritage Advisor who raises no objection with the proposed works.

The proposed works are permissible under the Zone B4 Mixed Use zoning applying to the land. The works will not have an unreasonable impact on the amenity of the area or the subject site and is therefore recommended for approval.

RECOMMENDATION

(a) That Development Application No. 690/2009 which seeks consent for internal alterations to an existing place of public worship be approved subject to the conditions of consent in Attachment 1 of this report.

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

Nicholas Clarke

Development Assessment Officer

Attachments:

1View	S79c Assessment Report	14 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	4 Pages

REFERENCE MATERIAL

Regulatory Council 7 December 2009

Item 12.3

DOMESTIC APPLICATION

ITEM NUMBER 12.3

SUBJECT 1 Horwood Place, Parramatta NSW 2150
(Lot 1 DP 628605) (Arthur Phillip Ward)

DESCRIPTION To fit out and use Shop 6 as a traditional Thai massage centre. Location Map - Attachment 3

REFERENCE DA/601/2009 - Submitted 2 September 2009

APPLICANT/S Arun Vishal Singh

OWNERS Mr L Wehbe

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application is being referred to Council for determination as the application seeks approval for a massage centre.

EXECUTIVE SUMMARY

The application seeks approval for the fitout and use of a ground floor shop for the purposes of a traditional Thai massage centre comprising 5 curtain partitioned booths. The proposed hours of operation are between 9am to 9pm daily. There will be 3 staff members and 1 manager employed on site.

No submissions were received in response to the notification of this application.

The development is consistent with the aims and objectives of the B3 Commercial Core zone applying to the land, and is generally consistent with the aims and objective’s contained within Council’s City Centre LEP and City Centre DCP.

The use of the ground floor shop as a massage centre (business premises) is a permissible land use in the B3 Commercial Core zone and satisfies the objectives of the commercial zone. The applicant has provided documentary evidence of their qualifications relating to massage therapy, and has also provided written documentation stating that no sexual services will be provided at the premises. There is no evidence before Council that indicates that the purpose for which consent is sought is for a use other than massage. Notwithstanding this, it is appropriate for Council to place conditions on the consent that specifically prohibit the use of the premises for sexual services and require the operator of the business to provide details of all relevant insurance related documents prior to the use commencing to satisfy the concerns raised by the Strategic Crime and Corruption Officer.

Accordingly, the application is recommended for approval subject to conditions.

RECOMMENDATION

That Development Application 601/2009 to fitout and use Shop 6 as a traditional Thai massage centre on land at 1 Horwood Place, Parramatta be approved subject to the conditions of consent in Attachment 1 of this report.

Kate Lafferty

Senior Development Assessment Officer

Attachments:

1View	Section 79C Report	16 Pages
2View	Plans & Elevations	3 Pages
3View	Location Map	1 Page
4	Strategic Crime Analyst's Referral Comments	2 Pages

REFERENCE MATERIAL

Regulatory Council 7 December 2009

Item 12.4

DOMESTIC APPLICATION

ITEM NUMBER 12.4

SUBJECT 23 Lachlan Drive, Winston Hills
(Lot 80 DP 270075) (Caroline Chisholm Ward)

DESCRIPTION Construction of two storey dwelling.
Location Map - Attachment 4

REFERENCE DA/708/2009 - Submitted 15 October 2009

APPLICANT/S Home Team Constructions Pty Ltd

OWNERS Mr & Mrs Sridhar

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The proposal seeks a SEPP 1 variation of greater than 10% to Clause 38 ‘Minimum allotment sizes’ and Clause 40 ‘Floor space ratios for development’ in Parramatta Local Environmental Plan 2001.

EXECUTIVE SUMMARY

The application seeks approval to the construction of a two storey dwelling house.

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 dwelling house proposed in this application will be located on an allotment of land that has an area of 300.2m. This represents a 45% variation to the clause 38 that requires dwelling houses to be constructed on land that has a minimum site area of 550m2. The dwelling house is also proposed to have a floor space ratio of 0.66:1 which represents a 32% variation to Clause 40 that permits a maximum floor space ratio of 0.5:1.

The subject site is located within a housing estate that was approved by Council in August 1998. The consent issued in 1998 granted approval land subdivision and the construction of 59 dwellings at 20-22 Buckleys Road. A review of the relevant files has revealed that most of the parcels of land created in the subdivision were substantially less than 550m2 in area and that most of the dwellings approved had floor space ratios between 0.7:1 to 0.8:1. In particular, the floor space ratio of the dwelling approved on the subject site (under DA/604/1997 was 0.66:1.)

The variation to the minimum allotment size is considered appropriate in this particular case as the allotment of land is in existence and was authorised by Council in 1998. In addition, the floor space ratio of the dwelling that is proposed is consistent with the previously approved floor space ratio for the site and is also consistent with the size of other dwellings that have been constructed in the housing estate. The design, bulk and scale of the proposed dwelling is appropriate. There is adequate landscaping and open space area and it is not likely that the dwellings will result in any adverse amenity impacts to adjoining properties.

No submissions have been received in respect of the application.

Accordingly approval of the application is recommended subject to conditions.

RECOMMENDATION

(a) That Council support the variation to Clause 38 and Clause 40 of the PLEP 2001 under the provisions of SEPP 1.

(b) Further, that Development Application No. 708/2009 for the construction of a two storey dwelling on land at 23 Lachlan Drive, Winston Hills be approved subject to conditions of consent in Attachment 1 of this report.

Nick Clarke

Development Assessment Officer

Attachments:

1View	S79c Assessment Report	36 Pages
2View	Plans	5 Pages
3View	Locality Map	1 Page
4	Confidential Plans	2 Pages

REFERENCE MATERIAL

Council (Development)	7 December 2009

Major Applications

07 December 2009

13.1 Further Report: 17 - 19 Bridge Street Rydalmere (Lot 48 DP 14244 & Lot 47 DP 14244)

13.2 562-564 Victoria Road, Ermington (Lots 72-78/80 DP 15173) (Elizabeth Macarthur Ward)

13.3. 25 Calder Road, Rydalmere NSW 2116 (Lot 1 DP 21397) (Elizabeth Macarthur Ward)

13.4 1/21 George Street, Parramatta
(Lot 1 SP 16099) (Arthur Philip Ward)..................................................................... 41

13.5 Section 82A Review of Determination - No.s 6A and 8 Lansdowne Street Parramatta (lot A DP 330620, Lot 1 DP 10387) (Elizabeth Macarthur Ward)

13.6 Shop 20, Greenway Arcade, 222 Church Street Parramatta (Lot 1 DP 702291) (Arthur Phillip Ward)

13.7 Church Street South between Fitzwilliam and Campbell Street and Aird Street, PARRAMATTA, NSW 2150 (Arthur Phillip Ward) (Location Map - Attachment 2) (For full legal description see attachment 4)

13.8 91 Blaxcell Street, Granville
(Lot 1 DP 128854) (Woodville Ward)

13.9 37 Midson Road, Eastwood (Lot 22 DP 286194)
(Lachlan Macquarie Ward)

Regulatory Council 7 December 2009

Item 13.1

DEVELOPMENT APPLICATION

ITEM NUMBER 13.1

SUBJECT Further Report: 17 - 19 Bridge Street Rydalmere (Lot 48 DP 14244 & Lot 47 DP 14244)

DESCRIPTION Section 96 (1a) modification to an approved health, recreation and social centre for males (restricted premises) by installing a kitchen to facilitate the sale of pre packaged food to customers.

REFERENCE DA/501/2004/A - Submitted 22 January 2009

APPLICANT/S MC Pty Ltd

OWNERS Camelot Distributors Pty Ltd

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council for determination as the use is a restricted premise.

EXECUTIVE SUMMARY

DA/501/2004/A was presented to the Regulatory meeting of Council on 11 May 2009 at which the following was resolved:

‘That consideration of this matter be deferred pending a further report by the Strategic Crime and Corruption Officer on the circumstances surrounding the original development application including whether the matter should be referred to ICAC should any inappropriate behaviour be established.’

In accordance with the resolution, the application was further referred to Council’s Strategic Crime and Corruption Officer to provide comment on the premises in regard to the resolution and the current Section 96 Modification Application.

The further report from the Crime and Corruption Officer makes note of recent incidents that have occurred on the subject premises involving sexual activities and drugs and recommends that alcohol not be served on the premises. No comment has been received in regards to the resolution which required the circumstance of the original DA to be investigated.

However, notwithstanding this the Section 96 is required to be determined by Council as it is now a longstanding application.

Furthermore the proposed development to be modified is not considered to be substantially the same development to which the original development consent relates and as such warrants refusal.

A search into Council’s records indicate that a inspection of the subject premises was conducted on 29 February 2008 by Development Control Team which revealed non compliance with conditions of development consent 501/2004. It was identified that changes have been made to the use, internal layout and fit out since the original approval.

The health, recreation and social centre for males no longer resembles the approved use and the approved floor plan layout under DA/501/2004, and it is on this basis the proposed installation of a kitchen and food preparation facilities would further intensify the use beyond what was previously approved.

The original application was approved as a health, recreation and social centre for males providing a gym, spa, sauna, tv rooms and a general purpose area for self-defence training. The elements of the proposal for DA/501/2004 appeared to be consistent with the definition of a recreational facility, which is ‘a building or place used for sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain.’

The premises is no longer considered to be primarily a recreational facility, with all evidence on Council’s records and on the Arrows website, revealing that sexual activity is one of the main services and activities provided.

The Section 96 Modification Application for the installation of a kitchen and food preparation facilities is therefore not recommended for approval as this facility of a kitchen would further create a use not consistent with the original DA.

No submissions have been received in respect of this application.

RECOMMENDATION

That Council as the consent authority, refuse to grant consent to DA/501/2004/A for modification to an approved health, recreation and social centre for males (restricted premises) by installing a kitchen to facilitate the sale of pre packages food to customers based on the following reason grounds:

1. The health, recreation and social centre for males no longer resembles the approved use and floor layout under DA/501/2004, which has been identified in an inspection by Council Development Control Team on 29 February 2008. Therefore any further expansion to the use, given the applicants lack of commitment to Development Consent DA/501/2004, would create uncertainty to the use and intensification.

Ashleigh Matta

Development Assessment Officer

Attachments:

1View	Section 96 Report	9 Pages
2View	Locality Map	1 Page
3View	Plan	1 Page
4View	Previous Consent letter for DA/501/2004	9 Pages
5	Strategic Crime and Corruption Comments dated 14 October 2009	2 Pages

REFERENCE MATERIAL

Regulatory Council 7 December 2009

Item 13.2

DEVELOPMENT APPLICATION

ITEM NUMBER 13.2

SUBJECT 562-564 Victoria Road, Ermington (Lots 72-78/80 DP 15173) (Elizabeth Macarthur Ward)

DESCRIPTION Section 96 (2) modification to an approved service station. Modifications include enclosure of the garbage area, creation of a new storage area and limiting the operating hours of the Stanley Lane crossover between midnight and 7:00am, 7 days a week.

REFERENCE DA/1006/2007/A - Submitted 26 August 2009

APPLICANT/S Caltex Petroleum (Aust) Pty Ltd

OWNERS Caltex Oil (Australia) Pty Ltd

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The matter is referred to Council due to the number of objections received.

EXECUTIVE SUMMARY

The subject application seeks to modify Development Consent No. 1006/2007 under the provisions of Section 96(2) of the Environmental Planning and Assessment Act. The following modifications are proposed:

1. Enclosure of the garbage area.

2. Creation of a new storage area.

3. Provision of a physical barrier across the Stanley Lane driveway to prevent vehicles using Stanley Lane between the hours of 12 midnight and 7.00am daily.

It is noted that Development Consent No. 1006/2007 granted consent to the demolition of an existing service station and construction of a new service station subject to 110 conditions on 14 July 2008. Demolition works have been completed but construction works are yet to commence.

Fourteen submissions have been received raising concerns with the application. The issues that have been raised in the submissions do not relate to the garbage area or storage area, but rather relate to the access driveways to Stanley Street. Following an on-site meeting the applicant has included in this current application, a proposal to provide physical barriers across the Stanley Lane driveway between 12 midnight and 7.00am daily to address the concerns raised by the residents.

The modifications proposed are acceptable and will enhance the amenity to adjoining properties by enclosing the garbage area, providing adequate storage areas and restricting vehicular movements in Stanley Lane at night time. Accordingly, approval of the application is recommended.

RECOMMENDATION

(a) That Council as the consent authority modify Development Consent No. 1006/2007 under the provisions of Section 96(2) of the Environmental Planning and Assessment Act in the following manner:

1. Modify condition No. 1 as follows:

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

Drawing N⁰	Dated
Site Plan for 560-562 Victoria Road, Ermington Revision H	16 March 2009
Floor Plan for 560-562 Victoria Road, Ermington Revision E	28 October 2008
West and South Elevation Plan for 560-562 Victoria Road, Ermington Revision D	9 March 2009
East and North Elevation Plan for 560-562 Victoria Road, Ermington Revision D	9 March 2009

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

2. Add the following condition No. 111:

“111.The vehicular access and egress points at the northern side of the site fronting Stanley Lane may only be used between the hours of 7am and midnight on a daily basis. Boom gate(s) shall be provided across the driveway crossings to ensure vehicular access/egress may not be provided between midnight and 7am the following day, except in case of an emergency.”

(b) Further that the head petitioner be advised of Council’s decision.

Sophia Chin

Development Assessment Officer

Attachments:

1View	Section 79C Assessment Report	17 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	4 Pages
4View	Original S79C Assessment Report	28 Pages
5View	Original Development Consent Letter	30 Pages
6View	Original Approved Plans	15 Pages

Regulatory Council 7 December 2009

Item 13.3

DEVELOPMENT APPLICATION

ITEM NUMBER 13.3

SUBJECT 25 Calder Road, Rydalmere NSW 2116 (Lot 1 DP 21397) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition, tree removal and construction of a 2 storey dual occupancy development.

REFERENCE DA/105/2009 - Submitted 4 March 2009

APPLICANT/S Mr M Ahumada

OWNERS Mr J H Cho

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The matter is referred to Council due to the number of submission received.

EXECUTIVE SUMMARY

Development Application DA/105/2009 seeks approval for the demolition, tree removal and construction of a 2 storey dual occupancy development.

Twenty-two submissions have been received in response to this development application raising issues regarding building height, floor space ratio, side setbacks, privacy and overlooking, asbestos removal, obstruction of views, tree removal, garage width, incomplete documents, bulk and scale, streetscape and character of the area, insufficient carparking, front fence, overshadowing, unamended plans, identification of plans, and amended landscape plan.

Subject to conditions of consent, the proposal is considered to be acceptable as it is consistent with the aims and objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005. Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. 105/2009 for the for the demolition, tree removal and construction of a 2 storey dual occupancy development on land at No. 25 Calder Road, Rydalmere for a period of three (3) years from the date on the Notice of Determination subject to the conditions of consent outlined in attachment No. 1 of this report.

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

Sophia Chin

Development Assessment Officer

Attachments:

1View	Section 79C Assessment Report	48 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	8 Pages
4	Confidential Plans	4 Pages

DEVELOPMENT APPLICATION

ITEM NUMBER 13.4

SUBJECT 1/21 George Street, Parramatta
(Lot 1 SP 16099) (Arthur Philip Ward)

DESCRIPTION Extension of existing chinese medical centre to occupy whole of Unit 1 and to include 2 consultation rooms and 2 acupuncture rooms with hours of operation being 9.00am to 6.00pm Monday to Saturday.

REFERENCE DA/577/2009 - 25 August 2009

APPLICANT/S On Hong Ling Chinese Medical Centre

OWNERS Y L Pty Limited

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the proposal involves a Chinese Medical Clinic.

EXECUTIVE SUMMARY

The application seeks to extend the existing Chinese Medical Centre so as to occupy the whole of Unit 1. The extended medical centre will have 2 consultation rooms and 2 acupuncture rooms and will operate from 9.00am to 6.00pm Monday to Saturday.

The current medical centre (approved in 2007) has 2 consultation rooms and 1 acupuncture room and operates with approved operating hours of 9.30am to 6pm seven days a week.

The application has been reviewed by the Strategic Crime and Corruption Analyst who raises no concerns or objections to the application.

The development is consistent with the objectives of Parramatta City Centre Local Environmental Plan 2007 and Parramatta City Centre Development Control Plan 2007 and there will be no likely unacceptable impacts to the amenity of the area arising from the additional acupuncture room in the medical centre.

Accordingly, the application is recommended for approval subject to conditions.

RECOMMENDATION

That Development Application 577/2009 for the extension to the existing Chinese Medical Centre be approved subject to the conditions of consent in Attachment 1 of this report.

Denise Fernandez

Development Assessment Officer

Attachments:

1View	Sect 79C report	12 Pages
2View	Locality map	1 Page
3View	Plans	2 Pages
4View	Comments of strategic analyst	2 Pages
5View	Previous consent and plans	6 Pages

REFERENCE MATERIAL

Regulatory Council 7 December 2009

Item 13.4

DEVELOPMENT APPLICATION

ITEM NUMBER 13.5

SUBJECT Section 82A Review of Determination - No.s 6A and 8 Lansdowne Street Parramatta (lot A DP 330620, Lot 1 DP 10387) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition of two dwellings and associated structures within the South Parramatta Heritage Conservation Area

REFERENCE DA/513/2008 - 24 September 2009

APPLICANT/S Mr T Maroun and Mr G Maroun

OWNERS Mr D Farrugia

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as it is a Section 82A Review of Determination.

EXECUTIVE SUMMARY

1. This Section 82A Review application seeks Councils reconsideration of its refusal to grant consent for the demolition of two dwellings and associated structures within the South Parramatta Heritage Conservation Area. It should be noted that following submission of the Section 82A Review the dwellings were fire damaged. The original Development Application (DA/513/2008) was refused on 8 May 2009 for the following reasons:

(a) Insufficient information has been submitted with the development application in order to carry out a proper assessment of the application under the provisions of the Environmental Planning and Assessment Act, 1979. In this regard, a statement of environmental effects has not been submitted for Council’s consideration.

(b) A signed Development Application Form has not been submitted in accordance with the requirements of Part 6 (Clause 50) of the Environmental Planning and Assessment Regulation 2000.

(c) Insufficient information has been submitted with the development application in order to carry out a proper assessment of the economic feasibility of the proposal as required by Part 2.3.5 Demolition of PDCP 2001 (Heritage and Conservation).

(d) That the proposed development will be inconsistent with the objectives of Part 2.3.5 Demolition of PDCP 2001 (Heritage and Conservation), which requires that a property within a Conservation Area is unlikely to be approved for demolition unless that property is incapable of reasonable use or would be too costly to make reasonable.

(e) The proposed development is not in the public interest.

2. As part of the submission for the Section 82A Review a Statement of Environmental Effects, and a Structural Adequacy Report following the fire damage was submitted for assessment.

3. No submissions have been received in response to this application.

4. For the reasons outlined in this report and Attachment 1, it is recommended that Council change its previous decision and grant consent to the Section 82A Review application.

RECOMMENDATION

That Council changes its determination and approve Development Application 513/2008 for the demolition of two dwellings and associated structures within the South Parramatta Heritage Conservation Area at No’s 6A and 8 Lansdowne Street Parramatta, subject to the conditions of consent in Attachment 1 of this report.

Sara Matthews

Senior Development Assessment Officer

Attachments:

1View	Section 79C Assessment Report	13 Pages
2View	Locality Plan	1 Page
3View	Demolition Plan	1 Page

Regulatory Council 7 December 2009

Item 13.5

DEVELOPMENT APPLICATION

ITEM NUMBER 13.6

SUBJECT Shop 20, Greenway Arcade, 222 Church Street Parramatta (Lot 1 DP 702291) (Arthur Phillip Ward)

DESCRIPTION Alterations and change of use to a traditional Thai massage centre, with hours of operation being 10.00am to 9.00pm 7 days a week.

REFERENCE DA/649/2009 - Submitted 22 September 2009

APPLICANT/S Design Effect Pty Ltd

OWNERS G & J Drivas Pty Ltd and Telado Pty Ltd

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application is being referred to Council for determination as the application seeks approval for a massage centre.

EXECUTIVE SUMMARY

The application seeks approval for the fitout and use of a ground floor shop for the purposes of a traditional Thai massage centre comprising 4 massage rooms partitioned booths. The proposed hours of operation are between 10.00am to 9pm daily. There will be 3 employees comprising of 2 masseuses and 1 receptionist.

No submissions were received in response to the notification of this application.

The development is consistent with the aims and objectives of the B4 Mixed Use zone applying to the land, and is generally consistent with the aims and objective’s contained within Council’s City Centre LEP and City Centre DCP.

The use of the ground floor shop as a massage centre (business premises) is a permissible land use in the B4 Mixed Use zone and satisfies the objectives of the zone. The applicant has provided documentary evidence of their qualifications relating to massage therapy, and has also provided written documentation stating that no sexual services will be provided at the premises. There is no evidence before Council that indicates that the purpose for which consent is sought is for a use other than massage. Notwithstanding this, it is appropriate for Council to place conditions on the consent that specifically prohibit the use of the premises for sexual services and require the operator of the business to provide details of all relevant insurance related documents prior to the use commencing and to reduce the hours of operation to satisfy the concerns raised by the Strategic Crime and Corruption Officer.

Accordingly, the application is recommended for approval subject to conditions.

RECOMMENDATION

That development application No. 649-2009 for alterations and change of use of shop 20 to a Thai massage centre on land at 222 Church Street Parramatta be approved subject to the conditions of consent contained within attachment 1.

Jonathan Goodwill

Senior Development Assessment Officer

Attachments:

1View	Section 79C Assessment Report	15 Pages
2View	Locality Map	1 Page
3View	Floor Plan	1 Page
4View	Comments from Strategic Crime and Corruption Officer	5 Pages

Regulatory Council 7 December 2009

Item 13.6

DEVELOPMENT APPLICATION

ITEM NUMBER 13.7

SUBJECT Church Street South between Fitzwilliam and Campbell Street and Aird Street, PARRAMATTA, NSW 2150 (Arthur Phillip Ward) (Location Map - Attachment 2) (For full legal description see attachment 4)

DESCRIPTION Use part of Church Street (between Fitzwilliam Street and Campbell Street) and Aird Street for a Council Lunar New Year celebration to be held on one Fridays in February over the next 3 years (2010-2012), with the first event to occur on 19 February 2010.

REFERENCE DA/599/2009 - 1 September 2009

APPLICANT/S Parramatta City Council

OWNERS Parramatta City Council

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

Council owned land.

EXECUTIVE SUMMARY

Approval is sought to use part of Church Street (between Fitzwilliam Street and Campbell Street) and Aird Street for a Council Lunar New Year celebration to be held on one Friday in February over the next 3 years (2010 – 2012), with the first event to occur on 19 February 2010. The Lunar New Year celebration will commence at 4.30pm and finish at 9.30pm.

No submissions to the application had been received in response to the notification of the event.

The site is largely unzoned and part zoned part B4 Mixed Use and part zoned SP2 Infrastructure under Parramatta City Centre Local Environmental Plan 2007. The use is a permissible use within the B4 zone, but is prohibited in the SP2 zone. However, the provisions of clause 15A of the City Centre LEP 2007 permit temporary use of land subject to a proposal satisfying the provisions of that clause, which the application does. The proposal is consistent with the objectives and controls of the Parramatta City Centre Local Environmental Plan 2007 and Parramatta City Centre Development Control Plan 2007 and is consistent with the requirements of State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment).

Conditions of consent have been recommended to minimise noise and traffic impacts upon the amenity of the area and to ensure the safety of patrons and persons attending the event.

RECOMMENDATION

That Council as the consent authority, grant development consent to Development Application No. DA/599/2009 for a community Lunar New Years event to be held on one Friday night in February in 2010-2012 on part of Church Street (between Fitzwilliam Street and Campbell Street) and Aird Street, Parramatta as shown on the approved plans, subject to the recommended conditions contained in attachment 1.

Kerry Gordon

Independent Planning Consultant

Attachments:

1View	s79c Report	18 Pages
2View	Locality Map	1 Page
3View	Plans	2 Pages
4View	Legal Property Description	1 Page
5View	Photographs	1 Page

REFERENCE MATERIAL

Regulatory Council 7 December 2009

Item 13.7

DEVELOPMENT APPLICATION

ITEM NUMBER 13.8

SUBJECT 91 Blaxcell Street, Granville
(Lot 1 DP 128854) (Woodville Ward)

DESCRIPTION Demolition of a fire damaged heritage listed dwelling and construction of a 2 storey attached dual occupancy development with Torrens title sibdivision. Approval is also sought for a front fence.

REFERENCE DA/532/2009 - 11 August 2009

APPLICANT/S B Habib

OWNERS B Habib

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the proposal involves the demolition of a heritage item.

EXECUTIVE SUMMARY

The application seeks to demolish a fire damaged heritage item and construction of a 2 storey attached dual occupancy development with Torrens title sibdivision and a front fence. It is noted that the heritage dwelling is listed under Schedule 2 of the Parramatta Local Environmental Plan (Heritage and Conservation) 2001 as an item of local significance.

The application has been reviewed by the Council’s Heritage Adviser who raises no concerns or objections to the demolition of the heritage item given the extensive fire damage.

Section 4.3.4 of the Parramatta Development Control Plan 2005 requires that the adjoining properties to the subject site shall receive a minimum of 3 hours of solar access. However, given the topography and the orientation of the site, the shadow diagram submitted to Council indicates that the northern elevation of the dwelling to the south at 93 Blaxcell Street will be overshadowed for most of the day on 21June, midwinter. However, any two storey development, on the site, will result in similar solar access impacts on the adjoining property at 93 Blaxcell Street. It is noted that the private open space to the rear will receive more than 3 hours of solar access from 9am onwards and in that regard complies with Council’s requirements. It is further noted, that no submissions have been received by Council from the occupants at 93 Blaxcell Street objecting to the proposal.

One submission was 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 solar access to the adjoining property 93 Blaxcell Street of 4.3.4 of Parramatta Development Control Plan 2005 the proposal is consistent with the zone objectives. Accordingly the proposal is recommended for approval subject to conditions.

RECOMMENDATION

(a) That Development Application No. 532/2009 for the demolition of a fire damaged heritage and construction of a 2 storey attached dual occupancy development with Torrens title sibdivision and a front fence at 91 Blaxcell Street, Granville 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.

Denise Fernandez

Development Assessment Officer

Attachments:

1View	Section 79C Report	38 Pages
2View	Location Plan	1 Page
3View	Plans	5 Pages
4View	Confidential plans	5 Pages
5	Heritage Inventory Sheet	1 Page

REFERENCE MATERIAL

Regulatory Council 7 December 2009

Item 13.8

DEVELOPMENT APPLICATION

ITEM NUMBER 13.9

SUBJECT 37 Midson Road, Eastwood (Lot 22 DP 286194)
(Lachlan Macquarie Ward)

DESCRIPTION Construction of 12 semi - detached dwellings (6 pairs) on Lot 4

REFERENCE DA/675/2009 - 30 September 2009

APPLICANT/S AVJBOS Eastwood Developments Proprietary Limited

OWNERS AVJBOS Eastwood Developments Proprietary Limited

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application seeks variations to Clause 38(1)(b) – allotment size and frontage, Clause 39 (1) – Height and Clause 40(1) – Floor Space Ratio controls contained within Parramatta Local Environmental Plan 2001 with the variations being greater than 10%. A SEPP 1 Objection has been lodged with the application and is considered acceptable.

EXECUTIVE SUMMARY

The application seeks approval for the construction of 12 semi-detached dwellings (6 pairs) on Lot 4. The site forms part of the former Eastwood Brickworks redevelopment site.

The site is subject to the provisions of the Eastwood Brickworks Masterplan endorsed by Council in June 2003. A masterplan is required under Clause 30 of PLEP 2001 for sites over 5000sqm to guide future development.

The proposed semi detached dwellings are considered acceptable when assessed against the Masterplan provisions despite the variations to the frontage width of lots 2 and 13, and the increased front setback from 5 metres to 6.2 metres and the nil setbacks provided to the corner allotments (Lots 2 and 13).

The semi detached dwellings have been designed taking into consideration the design principles of the Masterplan and achieve consistency in streetscape and are compatible with dwellings previously approved for the site.

The application was notified to adjoining properties and no submissions were received.

Despite the non compliances with the Floor Space Ratio, height and allotment size requirements of the Parramatta Local Environmental Plan the proposal is consistent with the zone objectives and the proposal is recommended for approval.

RECOMMENDATION

(a) That Council support the variations to Clauses 38(1)(b) – allotment size and frontage, Clause 39 (1) – Height and Clause 40(1) – Floor Space Ratio contained in Parramatta Local Environmental Plan 2001.

(b) Further, that development application (DA675/2009) which seeks approval for the construction of 12 semi-detached dwellings (6 pairs) on neighbouring Lot 4 be approved subject to a conditional consent as outlined in Attachment 1 of this report.

Sara Matthews

Senior Development Assessment Officer

Attachments:

1View	Section 79C Assessment Report	36 Pages
2View	Locality Plan	1 Page
3View	Plans	13 Pages