Agenda of Council (Development)

NOTICE OF Council (Development) MEETING

The Meeting of Parramatta City Council will be held in the Council Chamber, Fourth Floor, 2 Civic Place, Parramatta on Monday, 8 March 2010 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

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)	8 March 2010

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council (Development) - 8 February 2010

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 Economy and Development

7.1 Section 82A Review - 17/38-42 Wynyard Street, Guildford ( Lot 17 SP 78153) (Woodville Ward)

7.2 DCP for Sex Services and Restricted Premises

7.3 Variations to Standards under SEPP 1

7.4 12 Buckelys Road Winston Hills

7.5 Morton Street Voluntary Planning Agreement

8 DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

9 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

10 Reports - Domestic Applications

10.1 13 Bray Street, Dundas
(Lot 83 DP 36705) (Lachlan Macquarie Ward)

10.2 67 Macquarie Street, Parramatta (Lot E-I & Pt M DP 15108) (Arthur Phillip Ward)

10.3 65 Centenary Avenue Northmead (Lot 38 DP 270267) (Caroline Chisholm)

10.4 10 Calla Grove, Pendle Hill
(Lot 18 DP 27669) (Arthur Phillip Ward)

11 Reports - Major Applications

11.1 4/48 George Street, Parramatta (Lot 4 SP 159) (Arthur Phillip Ward)

11.2 28A Phillip Street, Parramatta
(Lot 1 DP 105032 Pt Lots 13/14) (Arthur Phillip Ward)

11.3 68 Hassall Street, Parramatta
(Lot 14 and Lot B DP 1249) (Arthur Philip Ward)

11.4 Unit 1/132 Marsden Street, Parramatta (Lot 1 in SP30889) (Arthur Phillip Ward)

11.5 73 Carlingford Road, Epping (Lot 2 DP 6837) (Lachlan Macquarie Ward)

11.6 Section 82A Review - 2C Factory Street Granville (Lot 2 DP1012953) (Woodville Ward)

11.7 25 Calder Road, Rydalmere (Lot 1 in DP 21397)

11.8 579 Church Street, Parramatta (Lot 1 DP 128124)

12 Notices of Motion

12.1 Telopea Department of Planning

12.2 Parramatta Council's Support for the Defence Force Reserves

12.3 Naming of a Road in Dhaka, Bangladesh in Honour of Australian National - Late A W S Ouderland

13 Closed Session

13.1 Tender 43/2009 Parramatta-Blacktown Cycleway, Toongabbie - Stage 2A - Station Road, Toongabbie - Construction of a Concrete Cycleway, Pedestrian Refuge and Associated Civil and Landscape Works.

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

13.2 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.

13.3 Extension of Existing Contract (Tender No. 11/2006) Management of Multi LEvel Car Parking Stations (MLC's) at Wentworth Street, Erby Place, Hunter Street and Horwood Place, PArramatta.

14 DECISIONS FROM CLOSED SESSION

15 QUESTION TIME

Council (Development)	8 March 2010

Economy and Development

08 March 2010

7.1 Section 82A Review - 17/38-42 Wynyard Street, Guildford ( Lot 17 SP 78153) (Woodville Ward)

7.2 DCP for Sex Services and Restricted Premises

7.3 Variations to Standards under SEPP 1

7.4 12 Buckelys Road Winston Hills

7.5 Morton Street Voluntary Planning Agreement

Council (Development) 8 March 2010

Item 7.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER 7.1

SUBJECT Section 82A Review - 17/38-42 Wynyard Street, Guildford ( Lot 17 SP 78153) (Woodville Ward)

DESCRIPTION Section 82A review for alterations and additions to a townhouse.

REFERENCE DA/375/2009 - 16 June 2009

APPLICANT/S Attic & Roof Conversions

OWNERS Mr P C H Locke and Mrs J Locke

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as it is an application under Section 82A of the Environmental Planning and Assessment Act, 1979.

EXECUTIVE SUMMARY

This application seeks a review of Council’s determination of Development Consent No. 375/2009 issued on 21 August 2009 for alterations to townhouse 17 including a new window and extension to the attic. In particular the applicant has sought a review of condition No. 2 of the Determination Notice which currently reads:

‘The proposed attic window shall have a minimum sill height above the floor level of the attic of 1.4 metres, a maximum window height of 1.0 metres and a maximum width of 2.0 metres.’

The applicant is requesting Council to review the determination with respect to condition No. 2. The applicant is requesting that Council permit a sill height of 800mm above the floor level of the attic and a window height of 1.2 metres.

One submission has been received objecting to the application for privacy reasons.

For the reasons outlined in the report, it is recommended that Council confirm its previous decision and retain condition No. 2 in its current form.

RECOMMENDATION

(a) That Council confirm its previous decision relating to Development Application No. 375/2009 and retain condition No. 2 as it currently exists.

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

Lina Dababneh

Development Assessment Officer

Attachments:

1View	Section 82A Assessment Report	13 Pages
2View	Plan	1 Page
3View	Locality map	1 Page
4View	Previous Section 79C Assessment Report	14 Pages
5View	Statement of Environmental Effects	4 Pages

Council (Development) 8 March 2010

Item 7.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 7.2

SUBJECT DCP for Sex Services and Restricted Premises

REFERENCE F2009/01146 - D01462419

REPORT OF Senior Project Officer

PURPOSE:

To amend the Sex Services and Restricted Premises DCP to include Rydalmere and other Parramatta REP areas, following receipt of advice from the Department of Planning.

RECOMMENDATION

a) That Council amend the DCP for Sex Services Premises and Restricted Premises, by:

i) including under the heading of “Where does this Development Control Apply”, the following words: “This Plan applies to all land within the Parramatta Local Government Area (LGA)”, and

ii) including a reference to the Parramatta Regional Environmental Plan under “1.3 Relationship to Other Plans and Policies”, as detailed in Attachment 1.

(b) That the draft amendment be publicly exhibited for 28 days in accordance with the relevant legal requirements.

(c) Further, that if no submissions are received, the appropriate steps be taken to finalise the DCP as soon as possible after the close of the exhibition.

BACKGROUND

1. As part of the work in preparing the comprehensive draft Parramatta DCP, provisions were prepared regulating sex services premises and restricted premises. These provisions were finalised by Council at its meeting on 23 November 2009. The DCP subsequently came into effect on 9 December 2009.

2. At that time, legal advice had been received cautioning that Council may not have delegated authority to make a DCP in the Parramatta Regional Environmental Plan (REP) areas. As a result, Council resolved to adopt the DCP for Sex Services and Restricted Premises in all areas of Parramatta with the exception of the REP areas. It also resolved to request that the Department of Planning grant delegated authority to Council make DCPs in the REP areas. In the meantime, the DCP would be used as a policy document to guide development in those areas.

3. By letter dated 16 February 2010, the Department of Planning has advised that consistent with S74(C)1, Council can make a DCP if it considers it “necessary or desirable”. A copy of the previous legal advice was received by Council was referred to the DoP for it to form its opinion.

Amending the DCP

4. By virtue of this advice, Council can now extend the application of the DCP to those REP areas including Rydalmere, as the making of this DCP, is clearly necessary and desirable given the applications received in recent times in Rydalmere.

5. The amendment required to give the application to Rydalmere and other REP areas is straightforward. The application of the DCP will simply be extended by amending clause “1.2 Where this DCP Applies”. In addition, it would be prudent to amend clause “1.3 Relationship to other Plans and Policies” by making reference to the Parramatta REP.

6. These minor but significant amendments are detailed in on page 2 of Attachment 1.

7. The amendment process requires exhibition for a period of 28 days. It will be recommended that should no submissions be received for the most efficient process to be followed and the daft DCP amendments be finalised without further reference to Council.

Marcelo Occhiuzzi Sue Stewart

Manager, Land Use, Transport Senior Project Officer Land and Urban Design Use Planning

Attachments:

1View

DCP 2008 Sex Services

13 Pages

REFERENCE MATERIAL

Council (Development) 8 March 2010

Item 7.3

ECONOMY AND DEVELOPMENT

ITEM NUMBER 7.3

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D01463140

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, no 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 22 January to 23 February 2010.

Louise Kerr

Manager Development Services

Attachments:

REFERENCE MATERIAL

Council (Development) 8 March 2010

Item 7.4

ECONOMY AND DEVELOPMENT

ITEM NUMBER 7.4

SUBJECT 12 Buckelys Road Winston Hills

REFERENCE DA/1823/2000/C - D01463419

REPORT OF Property Program Manager

PURPOSE:

The report recommends Council to grant an easement for drainage purposes over the Council One Tree Hill Reserve (PK 218) at 100 Rebecca Parade Winston Hills for a proposed residential subdivision at 12 Buckleys Road Winston Hills.

RECOMMENDATION

(a) That Council resolve to create an easement for drainage over the Council public reserve (Lot 2 DP 543364) in favour of the property at 12 Buckleys Road Winston Hills (Lot 1B DP 378829) on terms as stated in the report.

(b) Further, that the Lord Mayor and Chief Executive Officer be authorised to execute under seal the linen plan, Section 88B instrument, transfer granting easement and deed of agreement if required for creation of the easement.

BACKGROUND

1. In 2002, approval was granted by the Land and Environment Court to a development application (DA/1823/2000) to subdivide 12 Buckleys Road, Winston Hills into 42 residential lots. The approval allowed storm water drainage for the subdivision by laying a 750 mm diameter concrete drainage pipe along public roads including Rebecca Parade, Gideon Street and Goliath Street to connect to the public storm water system at Old Windsor Road.

2. Site formation works were well underway before the developer realised in early 2009 that subsequent to this development approval, high voltage power lines had been laid underground within the road reserves of Gideon and Goliath Streets, which prohibited construction of the proposed 750 mm diameter drainage pipe in its vicinity. Furthermore, new sewer risers had also been constructed in the locality making it impossible for the proposed drainage pipe to be constructed as designed. An alternative method of storm water disposal was required.

3. In October 2009, the developer submitted a Sec 96(AA) application (DA/1823/2000/C) to the Council to modify the storm water drainage by proposing a drainage pipe going through the adjoining Council’s One Tree Hill Reserve to connect to an existing Council storm water drain there. The developer also proposed to upgrade at his cost the Council’s storm water drain between One Tree Hill Reserve and Palestine Park to cope with the additional load.

4. The application (DA/1823/2000/C) has now been approved by the Council subject to, among others, the creation of a drainage easement over the Council One Tree Hill Reserve (Lot 2 DP 543364) as shown below:

“Prior to commencement of any drainage works within the One Tree Hill public reserve, including removal of trees, vegetation and excavation, the applicant shall create a 3m wide drainage easement over the proposed drainage pipe system. Proof of lodgement of the drainage easement within the NSW Department of Lands must be provided to Council’s Construction Certification Team. …….…”

5. For reference, a location plan and the approved concept drainage plan are at Attachments 1 and 2.

ISSUES/OPTIONS/CONSEQUENCES

6. The Council reserve is zoned Public Open Space 6(a), classified community and subject to a Plan of Management for Natural Areas adopted by the Council on 23 October 2006. In accordance with the Local Government Act 1993, Section 46 (1) (a1), Council may consent to the drainage easement over community land subject to the drainage pipe being laid under the surface of the ground for connection to a facility of the council or other public utility provider.

7. A drainage easement approximately 195 m long and 3 m wide has been proposed. The total area required for the easement is 585 square metres.

8. The Council’s valuation consultants, BEM Property Consultants & Valuers have provided Council an assessment of compensation for granting the easement. For reference, a summary of the valuation report is at Attachment 3 (Confidential). The owner has agreed to the compensation payment, as recommended in the valuation report.

9. In addition, the owner has also agreed to reimburse Council’s costs including survey, legal and valuation fees in granting the easement.

CONSULTATION & TIMING

10. The Council’s Open Space & Natural Resources Unit and Catchment Management Unit have been consulted and are supportive of the proposal.

FINANCIAL IMPLICATION FOR COUNCIL

11. Council will receive compensation for the proposed drainage easement as outlined in the report.

Kwok Leung

Property Program Manager

Attachments:

1View	Location Plan	1 Page
2View	Approved Concept Drainage Plan	1 Page
3	Summary of Valutaion (Confidential)	2 Pages

REFERENCE MATERIAL

Council (Development) 8 March 2010

Item 7.5

ECONOMY AND DEVELOPMENT

ITEM NUMBER 7.5

SUBJECT Morton Street Voluntary Planning Agreement

REFERENCE F2005/01017 - D01464243

REPORT OF Manager Land Use and Transport Planning

PURPOSE:

This report was deferred from the Council meting held on 8 February 2010.

The purpose of this report is to recommend to Council an adjustment to the previously adopted draft Voluntary Planning Agreement regarding the future development of the Morton Street precinct.

RECOMMENDATION

(a) That, the previously adopted draft Voluntary Planning Agreement for the development of 2 Morton Street be amended to replace the cash contribution towards a pedestrian bridge to a contribution towards the foreshore multi purpose path and associated works.

(b) Further, that the matter be reported back to Council following public exhibition with the draft LEP for the site.

BACKGROUND

1. On 29 October 2007, Council adopted in-principle, the draft Voluntary Planning Agreement (VPA) for the development of 2 Morton Street, Parramatta site (attachment 1).

2. The VPA has previously been the subject of legal advice and ongoing negotiation with Council staff and the proponent.

ISSUES/OPTIONS/CONSEQUENCES

3. The principles of the draft VPA were drafted several years ago. More recently Council staff representing different areas of responsibility have reviewed the draft VPA.

4. One component of the draft VPA which was identified as being of concern was the cash contribution of $1.5M towards the construction of a pedestrian bridge spanning the Parramatta River. The draft VPA acknowledged that this would not represent the total cost of the bridge and that Council would need to make the required contribution to meet the balance of the total cost. The cost of this bridge has been estimated at approximately $3M which means that Council would need to fund $1.5M from alternative sources. It effectively creates a financial liability as the draft VPA requires Council to construct the bridge.

5. The previously adopted draft VPA included a $300K contribution towards a multi purpose foreshore path. Staff have considered this further and concluded that significant additional funds could be expended on the foreshore including the multi purpose path, to achieve a much better outcome. A study of the potential foreshore routes was conducted and concluded that the section of foreshore adjacent to the James Ruse Drive bridge requires careful management, which depending on the preferred route, may cost $2.4M - $3.9M. In addition, the section of path which links to the Gasworks bridge, could potentially be better connected to the CBD by avoiding a crossing of Macarthur Street.

6. The $1.5M cash contribution that is currently identified in the draft VPA for a bridge, may not pay for the entire length of the path as described above but is sufficient to create a substantial portion. In addition, Council investment in cycle paths, including sourcing from other section 94 contributions and state and federal grants, occurs on a recurring basis so there can be confidence that a cycle route would be completed within a reasonable timeframe. It is worthwhile remembering that this part of the Parramatta Valley cycleway has been the most problematic in establishing and would represent the last connection of the foreshore network.

7. It is therefore recommended that the principle of a contribution towards a bridge be replaced with the same cash figure being a contribution towards the foreshore multi purpose path and associated works. The proponent has agreed in principle with this change. The amendment of the draft VPA, and in particular, the change in cash contributions as recommended, should not create a liability for Council.

EXHIBITION

8. The draft VPA and associated draft LEP for the site are expected to be placed on public exhibition in the next few weeks. Following this process, a report will be prepared for Council’s consideration including all submissions received.

Marcelo Occhiuzzi

Manager, Land Use,

Transport and Urban Design

Attachments:

1View

Revised Draft Voluntary Planning Agreement for Morton Street that takes into account Council's revised costs (Oct 2009)

7 Pages

REFERENCE MATERIAL

Council (Development) 8 March 2010

Item 10.1

DOMESTIC APPLICATION

ITEM NUMBER 10.1

SUBJECT 13 Bray Street, Dundas
(Lot 83 DP 36705) (Lachlan Macquarie Ward)

DESCRIPTION Alterations and additions to the existing dwelling including a first floor addition.

REFERENCE DA/19/2010 - 14 January 2010

APPLICANT/S Adcorp Constructions

OWNERS Mr W Piper and Ms M J Finn

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the application seeks a variation of greater than 10% to the height control of Clause 39 of Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.

EXECUTIVE SUMMARY

The application seeks approval for alterations and additions to an existing dwelling including a first floor addition located upon the subject site.

The proposed additions result in a dwelling that will be three storeys in height by definition instead of two storeys as required under the development standard prescribed in Clause 39 of PLEP 2001. In accordance with a Planning Circular released by the Department of Planning in November 2008 on ’Reporting Variations to Development Standards' variations to development standards greater than 10% should be determined by Council.

One submission has been received in respect of this application. No objections to the proposal were raised.

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, privacy and overshadowing. There is sufficient landscaping and open space areas provided as part of the proposal, and the new addition is considered to be appropriately sited without impacting on the streetscape or adjoining properties. The non compliance is a technical non compliance due to the definition of a storey under PLEP 2001 which includes any subfloor area greater than 1.2 metres above ground level as a storey. The non-compliance is a direct result of the higher than usual subfloor area that currently exists under the existing dwelling due to the sloping nature of the subject site.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(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 19/2010 for alterations and additions to an existing dwelling including a first floor addition at 13 Bray Street Dundas be approved subject to the conditions of consent in Attachment 1 of this report

Maya Sarwary

Senior Development Assessment Officer

Attachments:

1View	Section 79C Report	22 Pages
2View	Plans	2 Pages
3View	Location Map	1 Page
4	Confidential plans	2 Pages

REFERENCE MATERIAL

Council (Development) 8 March 2010

Item 10.2

DOMESTIC APPLICATION

ITEM NUMBER 10.2

SUBJECT 67 Macquarie Street, Parramatta (Lot E-I & Pt M DP 15108) (Arthur Phillip Ward)

DESCRIPTION Change of use for Thai Massage and fit out of premises.

REFERENCE DA/814/2009 - 20 November 2009

APPLICANT/S V Eammano

OWNERS Mr J S Horsfield and Mr K A Stanberg and R W Irvine and Mr A H Woodland and Mr A A Hyam

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

The application seeks approval for the fit out and use of the ground floor for a Thai Massage Centre with associated signage. The hours of operation as proposed are 9:00am to 10:00pm Monday to Saturday. The business will comprise 6 massage beds separated by curtains and will employ 8 to 12 staff over two shifts per day.

No objections from the public have been received in relation to this application.

The proposal is defined as business premises under Parramatta City Centre LEP 2007 and is permissible in the B4 Mixed Use Zone. The development is consistent with the aims and objectives of the B4 Mixed Use zone applying to the land, and is also consistent with the aims and objectives contained within Council’s City Centre DCP.

The applicant has provided documentary evidence of the workers qualifications relating to Thai Massage. There is no evidence before Council that indicates that the purpose for which consent is sought is for a use other than described in the submitted Statement of Environmental Effects (SEE) and Plan of Management. It is also noted that the Plan of Management states that there will be no sex on premises activities.

Council’s Community Crime Prevention Officer has reviewed the application and has recommended conditions to effectively manage the proposed Thai Massage Centre and to ensure compliance and prevent the development morphing into a business that provides sex services. This includes restricting the hours of operation to 9:00am to 7:30pm Monday to Wednesday and Friday to Sunday, and 9:00am to 9:00pm Thursday and time limiting the consent to 2 years. These conditions are included within the recommended conditions of consent.

Other recommended conditions which specifically prohibit the use of the premises for sexual services have been included within the consent.

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

RECOMMENDATION

That Development Application 814/2009 for the change of use for Thai Massage with associated signage be approved subject to the conditions of consent in Attachment 1.

Ashleigh Matta

Development and Certification Officer

ATTACHMENTS:

1View	Section 79C Report	22 Pages
2View	Locality Map	1 Page
3View	Plans	4 Pages
4View	Community Crime Prevention Officer	3 Pages

REFERENCE MATERIAL

Council (Development) 8 March 2010

Item 10.3

DOMESTIC APPLICATION

ITEM NUMBER 10.3

SUBJECT 65 Centenary Avenue Northmead (Lot 38 DP 270267) (Caroline Chisholm)

DESCRIPTION Construction of a two storey dwelling and tree removal.

REFERENCE DA/890/2009 - 21 December 2009

APPLICANT/S Ms C L Powell

OWNERS Ms C L Powell

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The proposal seeks a SEPP 1 variation (greater than 10%) to Clause 38 ‘Minimum allotment sizes’ in Parramatta Local Environmental Plan 2001.

EXECUTIVE SUMMARY

The applicant seeks approval for the construction of a two storey dwelling and tree removal.

The application has been referred to Council as the proposal seeks a SEPP 1 variation (greater than 10%) to Clause 38 ‘Minimum allotment sizes’ in Parramatta Local Environmental Plan 2001. The proposed dwelling is to be built on an allotment of 473sqm being less than the required 550sqm required for an allotment of land for a dwelling house. The Land and Environment Court approved the community title subdivision of Lot No. 2 87 Hammers Road into 98 residential Lots. The subdivision was registered on 16 October 2001.

In accordance with a Planning Circular released by the Department of Planning in November 2008 on ‘Reporting Variations to Development Standards’ variations to development standards greater than 10% should be determined by Council.

No submissions have been received in respect of this application.

The proposed works are consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005, and is considered satisfactory in terms of design, bulk and scale. There is sufficient landscaping and open space areas provided as part of the proposal, and the new dwelling is appropriately sited without impacting on the streetscape or adjoining properties.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Development Application No. 890/2009 for the construction of a two storey dwelling at 65 Centenary Avenue Northmead be approved subject to the conditions of consent in Attachment 1 of this report.

(b) Further, that Council support the variation to Clause 38 of the PLEP 2001 under the provisions of SEPP 1.

Ashleigh Matta

Development and Certification Officer

Attachments:

1View	Section 79c Report	29 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	10 Pages

REFERENCE MATERIAL

Council (Development) 8 March 2010

Item 10.4

DOMESTIC APPLICATION

ITEM NUMBER 10.4

SUBJECT 10 Calla Grove, Pendle Hill
(Lot 18 DP 27669) (Arthur Phillip Ward)

DESCRIPTION Tree removal and the construction of a two storey residential dwelling. Location Map - Attachment 3

REFERENCE DA/773/2009 - Submitted 10 November 2009

APPLICANT/S Clarendon Homes NSW Pty Ltd

OWNERS Mr G Mohan & Mrs S Janakiraman

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 SUMMARY

The application seeks approval for tree removal and the construction of a two storey residential dwelling.

The proposed dwelling will be three storeys in height by definition instead of two storeys as required under the development standard. In accordance with a Planning Circular released by the Department of Planning in November 2008 on ’Reporting Variations to Development Standards' variations to development standards greater than 10% should be determined by Council.

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, overshadowing, bulk and scale. There is sufficient landscaping and open space areas provided as part of the proposal, and the new dwelling is considered to be appropriately sited without impacting on the streetscape or adjoining properties. The non compliance is a technical non compliance due to the definition of a storey under PLEP 2001 which defines any subfloor area greater than 1.2 metres above ground level as a storey. The non-compliance is due to the sloping nature of the site and the resulting subfloor area at the rear of the dwelling is a maximum 1.4m above natural ground level.

No submissions have been received in respect of this application.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(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 773/2009 for tree removal and the construction of a two storey residential dwelling at 10 Calla Grove, Pendle Hill be approved subject to the conditions of consent in Attachment 1 of this report

Nicholas Clarke

Development Assessment Officer

Attachments:

1View	Section 79C Report	28 Pages
2View	Plans	10 Pages
3View	Location Map	1 Page

REFERENCE MATERIAL

Council (Development)	8 March 2010

Major Applications

08 March 2010

11.1 4/48 George Street, Parramatta (Lot 4 SP 159) (Arthur Phillip Ward)

11.2 28A Phillip Street, Parramatta
(Lot 1 DP 105032 Pt Lots 13/14) (Arthur Phillip Ward)

11.3 68 Hassall Street, Parramatta
(Lot 14 and Lot B DP 1249) (Arthur Philip Ward)

11.4 Unit 1/132 Marsden Street, Parramatta (Lot 1 in SP30889) (Arthur Phillip Ward)

11.5 73 Carlingford Road, Epping (Lot 2 DP 6837) (Lachlan Macquarie Ward)

11.6 Section 82A Review - 2C Factory Street Granville (Lot 2 DP1012953) (Woodville Ward)

11.7 25 Calder Road, Rydalmere (Lot 1 in DP 21397)

11.8 579 Church Street, Parramatta (Lot 1 DP 128124)

Council (Development) 8 March 2010

Item 11.1

MAJOR APPLICATION

ITEM NUMBER 11.1

SUBJECT 4/48 George Street, Parramatta (Lot 4 SP 159) (Arthur Phillip Ward)

DESCRIPTION Section 96(1a) modification to an approved remedial massage, sports muscle injuries and bruises centre including increasing trading hours. The proposed trading hours are 10.00am to 6.30pm Monday to Wednesday, 10.00am to 8.00pm on Thursdays and 10.00am to 6.00pm on Saturdays and Sundays.

REFERENCE DA/336/2007/A - Submitted 15 January 2010

APPLICANT/S Ms X P Shi

OWNERS Ms X P Shi

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the proposal involves remedial massage.

EXECUTIVE SUMMARY

The subject application seeks to modify Development Consent No. 336/2007 under the provisions of Section 96(1A) of the Environmental Planning and Assessment Act.

Condition No. 7 of Development Consent No. 336/2007 currently reads as follows:

7. The hours of operations being restricted to 10.00am to 5.00pm Monday to Friday and 10.00am to 2.00pm on Saturdays. Any alterations to the above will require further development approval.

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

Approval is sought to modify condition No. 7 to allow the following hours of operation:

10.00am to 6.30pm Monday to Wednesday, 10.00am to 8.00pm on Thursdays and 10.00am to 6.00pm on Saturdays and Sundays.

It is noted that Development Consent No. 336/2007 granted consent to use the premises as remedial massage, sports muscle injuries and bruises centre on 9 July 2007. The premise comprises two massage beds and no more than 2 employees are allowed on site at any one time. No change to the number of employees or massage beds is proposed under this S96 application.

No objections from the public have been received in relation to this application.

The application has been reviewed by the Community Crime Prevention Officer who raises no concerns or objections to the application. It is noted that the request to amend the hours of operation was submitted subsequent to a compliance inspection by Council officers.

The modifications proposed are 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 increased trading hours. The proposed hours remain consistent with other business premises in George Street. The subject site is a heritage item. However, the proposed modification to operating hours will have no impact on any heritage values.

Accordingly, approval of the application is recommended.

RECOMMENDATION

That Council as the consent authority modify Development Consent No. 336/2007 under the provisions of Section 96(1A) of the Environmental Planning and Assessment Act in the following manner:

Delete Condition No. 7 and reinstate the following condition:

7. The hours of operations being restricted to 10.00am to 6.30pm Monday to Wednesday, 10.00am to 8.00pm on Thursdays and 10.00am to 6.00pm on Saturdays and Sundays. Any alterations to the above will require further development approval.

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

Sophia Chin

Development Assessment Officer

Attachments:

1View	Section 79C Report	6 Pages
2View	Locality Map	1 Page
3View	Original Consent and Plans	4 Pages

REFERENCE MATERIAL

Council (Development) 8 March 2010

Item 11.2

MAJOR APPLICATION

ITEM NUMBER 11.2

SUBJECT 28A Phillip Street, Parramatta
(Lot 1 DP 105032 Pt Lots 13/14) (Arthur Phillip Ward)

DESCRIPTION To carry out alterations to the premises and use as a Thai massage centre. Location Map - Attachment 3

REFERENCE DA/853/2009 - Submitted 4 December 2009

APPLICANT/S P Dockput Lucey

OWNERS Mr C E Underwood

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 to carry out alterations to the premises and use as a Thai massage centre comprising 5 curtain partitioned booths. The proposed hours of operation are between 9am to 10pm 7 days a week. There will be 9 staff members employed on site.

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

The use of the shop as a massage centre (business premises) is a permissible land use in the B4 Mixed Use zone and satisfies the objectives of the commercial zone contained within Council’s City Centre LEP and City Centre DCP.

The application was referred to Council’s Community Crime Prevention Officer who raised concern with respect to the proposal contravening the Summary Offences Act. The applicant has submitted a statement that acts of prostitution will not occur and that the conduct of the business will not contravene the Summary Offences Act. Council’s Community Crime Prevention Officer supports the application subject to the imposition of a trial period and restriction of the hours of operation of the premises.

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 limit the usage to a period of 2 years to monitor the impacts of the proposed development, restrict the trading hours of the business, 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 Community Crime Prevention Officer.

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

RECOMMENDATION

That Development Application 853/2009 to carry out alterations to the premises and use as a Thai massage centre on land at 28A Phillip Street , 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	20 Pages
2View	Plans & Elevations	2 Pages
3View	Location Map	1 Page
4View	Community Crime Prevention Officer's Referral Comments	3 Pages

REFERENCE MATERIAL

Council (Development) 8 March 2010

Item 11.3

MAJOR APPLICATION

ITEM NUMBER 11.3

SUBJECT 68 Hassall Street, Parramatta
(Lot 14 and Lot B DP 1249) (Arthur Philip Ward)

DESCRIPTION Demolition, tree removal and construction of 10 x 2 storey townhouses over basement car parking with strata subdivision

REFERENCE DA/655/2009 - 24 September 2009

APPLICANT/S J.M.G Makdissi Construction Pty Ltd

OWNERS J.M.G Makdissi Construction Pty Ltd

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application seeks a variation to Clause 29S – Roof Design as contained within Sydney Regional Environmental Plan No. 28 – Parramatta with the variation being greater than 10%.

EXECUTIVE SUMMARY

The application seeks approval for the demolition of existing structures, tree removal and construction of 10 x 2 storey townhouses over basement car parking with strata subdivision.

The proposed townhouses have been designed taking into consideration the maximum allowable height of AHD 14.0 to ensure views towards the Parramatta River are maintained and to respect the existing design elements of the Area of National Significance.

The proposal has been assessed against SREP No. 28 – Parramatta and Harris Park Development Control Plan and is consistent with the numerical controls of the SREP with the exception to the roof pitch, site depth and private open space provision (dwelling No. 5) controls.

A SEPP 1 Objections has been lodged and can be supported as the proposal is consistent with the zone objectives and will have no appreciable impacts on the streetscape or surrounding development. Accordingly, and the proposal is recommended for approval.

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

RECOMMENDATION

(a) That Council support the variation to Clause 29S - Roof Design contained in Sydney Regional Environmental Plan No. 28 – Parramatta under the provisions of SEPP 1.

(b) Further, that development application (DA/655/2009) which seeks approval for demolition of existing structures, tree removal and construction of 10 x 2 storey townhouses over basement car parking with strata subdivision be approved subject to a conditional consent as outlined in Attachment 1 of this report.

Sara Smith

Senior Development Assessment Officer

Attachments:

1View	Section 79C Assessment Report	37 Pages
2View	Locality Plan	1 Page
3View	Plans	4 Pages
4View	Floor Plans	4 Pages

Council (Development) 8 March 2010

Item 11.4

MAJOR APPLICATION

ITEM NUMBER 11.4

SUBJECT Unit 1/132 Marsden Street, Parramatta (Lot 1 in SP30889) (Arthur Phillip Ward)

DESCRIPTION Change of use to a childcare centre and a place of public worship.

REFERENCE DA/688/2009 - lodged 8th October, 2009

APPLICANT/S TKS Architects

OWNERS Strategic Property Holdings No. 7 Pty Ltd

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The development application is referred to Council for determination as the proposal includes a place of public worship.

EXECUTIVE SUMMARY

Development Application DA/688/2009 seeks approval for the change of use of part of the ground floor of the 8 storey commercial building to a childcare centre on weekdays and for a place of public worship on Sundays. The premises was previously occupied by the Parramatta Club, prior to its relocation.

The childcare centre will operate between the hours of 7.00am and 7.00pm Mondays to Fridays with a maximum of 29 children in attendance. The place of public worship will utilise the auditorium of the building for church services twice on Sundays between 10.00am and Midday and from 4.00pm to 6.00pm with a maximum attendance of 170 parishioners.

One submission was received in response to this development application raising issues regarding the proximity of a brothel to the proposed use and that the use for a more sensitive land use should in no way impact on the lawful operation of the brothel.

Council’s former Strategic Crime & Corruption Officer reviewed the proposal and made the following conclusions:

“There is no issue identified within the subject application that impacts upon crime or corruption. Accordingly, there is no concern or objection to this proposal on the basis that all necessary documentation and certification are provided by the applicant.”

Subject to conditions of consent, the proposal is considered to be acceptable as it is consistent with the aims and objectives of Parramatta City Centre Local Environmental Plan 2007 and its Development Control Plan. Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. 688/2009 for the change of use of Unit 1 of the ground floor of the commercial building at 132 Marsden Street, Parramatta for a period of three 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 objector be advised of Council’s decision.

Alan Middlemiss

Senior Development Assessment Officer

Attachments:

1View	Section 79C assessment report	21 Pages
2View	Locality map	1 Page
3View	Plans & elevations	11 Pages
4View	Plan of management (childcare centre)	10 Pages
5View	Plan of management (place of public worship)	4 Pages

Council (Development) 8 March 2010

Item 11.5

MAJOR APPLICATION

ITEM NUMBER 11.5

SUBJECT 73 Carlingford Road, Epping (Lot 2 DP 6837) (Lachlan Macquarie Ward)

DESCRIPTION Torrens title subdivision into 2 lots.

REFERENCE DA/804/2009 - 17 November 2009

APPLICANT/S Land Partners Limited

OWNERS Mrs S Trujillo and Mr O Trujillo - Ramirez and Mr N P Castelblanco Rojas

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the proposal involves a 20.7% variation to Clause 38(1)(a) of the Parramatta Local Environmental Plan 2001 – Minimum allotment size for development on battleaxe sites.

EXECUTIVE SUMMARY

The application seeks approval to the Torrens title subdivision of the site into two allotments. A battleaxe shaped allotment (Lot 21) is proposed to the rear and a regular allotment is proposed to the front (Lot 20). The front allotment is 550m2 and will contain the existing dwelling. The battleaxe allotment to the rear is 639.3m2 (inclusive of the access handle) and 531m2 (exclusive of the access handle).

Clause 38(1)(a) of PLEP 2001 prescribes that development cannot be undertaken on battleaxe allotments that do not meet the 670m2 minimum site area requirement exclusive of the access handle. The proposed battleaxe allotment is 531m2 (exclusive of the access handle) representing a shortfall of 139m2 or 20.7% from the development standard. A SEPP 1 objection has been submitted seeking approval to the variation.

No objections from the public have been received in relation to this application.

The proposal is defined as ‘subdivision’ under Parramatta LEP 2001 and is permissible in the Residential 2(a) Zone. The subdivision albeit not satisfying the rear allotment size of the PLEP is consistent with the aims and objectives of the Residential 2(a) Zone applying to the land, and is also consistent with the aims and objectives contained within Council’s DCP. The pattern of subdivision is also consistent with that of other properties in the locality.

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

RECOMMENDATION

(a) That Council support the variation to Clause 38(1)(a) - Minimum allotment size for development on battleaxe sites contained in Parramatta Local Environmental Plan 2001 under the provisions of SEPP 1.

(b) Further, that development application (DA/804/2009) which seeks approval for the Torrens title of the subject site in to 2 lots be approved subject to a conditional consent as outlined in Attachment 2 of this report.

Denise Fernandez

Development Assessment Officer

Attachments:

1View	Section 79C Assessment Report	17 Pages
2View	Location Plan	1 Page
3View	Subdivision Plan	1 Page
4View	SEPP 1 Objection	6 Pages

REFERENCE MATERIAL

Council (Development) 8 March 2010

Item 11.6

MAJOR APPLICATION

ITEM NUMBER 11.6

SUBJECT Section 82A Review - 2C Factory Street Granville (Lot 2 DP1012953) (Woodville Ward)

DESCRIPTION Use of the property as a temporary carpark (2 years) for employees and visitors to the Downer EDI Rail complex at 2B Factory Street.

REFERENCE DA/518/2008 - Submitted 17 December 2009

APPLICANT/S Downer EDI Rail Pty Ltd

OWNERS Mr A Lim

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as it is an application under Section 82A of the Environmental Planning and Assessment Act, 1979.

EXECUTIVE SUMMARY

This Section 82A Review application seeks Council’s reconsideration of the previous refusal to grant consent for the use of the property as a temporary car park for 52 vehicles. The car park is to be used by employees and visitors to the Downer EDI Rail complex which is located on the adjoining site known as 2B Factory Street. The original Development Application (DA/518/2008) was refused on 11 November 2009 under delegated authority due to unacceptable stormwater plans and inadequate landscaping.

With the lodgement of the Section 82A Review application the applicant has amended the development in an attempt to address the issues that were identified in Council’s refusal of the application. In particular the following amendments have been made:

· Modification of stormwater plan including relocation of pits and addition of Humeceptor STC2 water treatment device

Section 82(A)(C) of the Act requires that the consent authority must be satisfied that the application as amended is substantially the same development as the development described in the original application. The amendments to the application are minor and the development as amended is substantially the same as the development originally determined.

Two submissions were received in response to the notification of the application. The issues raised in the submissions can be addressed through the imposition of conditions.

For the reasons outlined in this report, it is recommended that Council change its previous decision and grant consent to the application.

RECOMMENDATION

(a) That Council as the consent authority change its previous determination and grant development consent to development Application No. DA/518/2008 for the use of 2C Factory Street , Granville for the purposes of a temporary carpark (2 years) for employees and visitors to the Downer EDI Rail Complex, subject to the conditions of consent contained in Attachment 1.

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

Jonathan Goodwill

Senior Development Assessment Officer

Attachments:

1View	S82A Assessment Report	25 Pages
2View	Architectural Plans	2 Pages
3View	Locality Map	1 Page
4View	Original S79C Assessment Report	17 Pages

Council (Development) 8 March 2010

Item 11.7

MAJOR APPLICATION

ITEM NUMBER 11.7

SUBJECT 25 Calder Road, Rydalmere (Lot 1 in DP 21397)

DESCRIPTION Further Report - Demolition of structures, tree removal, construction of two storey dual occupancy and Torrens title subdivision into two lots.

REFERENCE DA/105/2009 - 4 March 2009

APPLICANT/S Mr M Ahumada

OWNERS Mr J H Cho

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

Number of submissions.

EXECUTIVE SUMMARY

This application was previously considered at a Council meeting on 7 December 2009 where is was resolved that “…consideration of this matter be deferred until a response is provided to the questions raised in the Public Forum questions as raised by Mr Berry, such response to be provided specifically in order of the questions raised”.

A response to Mr Berry’s letter was hand delivered to Mr Berry on 11 December 2009. A copy of the responses contained in the letter is attached to this report in Attachment 4. Advice was also provided to Councillors by the Group Manager on 11 December 2009 which included the response letter to Mr Berry.

Approval is sought for the demolition of the existing dwelling and garage and removal of the street tree and all trees from the site with the exception of the tree located centrally along the rear boundary and the Crepe Myrtle tree. Approval is also sought to erect an attached two storey dual occupancy constructed of brick, with a tile roof, and thence to subdivide the site into two Torrens title allotments.

The application was notified to owners and occupiers of adjoining and nearby property from 23 March 2009 to 4 April 2009. In response four submissions were received, including a petition with 16 signatures.

Amended plans were notified from 20 October to 3 November 2009. In response five submissions were received, including a petition with 10 signatures (one of which had also lodged two separate submissions).

The amended plans were renotified due to an error in the original notification, where the incorrect plans were placed on exhibition and inadequate information was provided of the amendment sought. The second notification occurred from 14 January to 28 January 2010. In response two submissions were received, including a petition with 20 signatures.

The site is zoned Residential 2A Parramatta Local Environmental Plan 2001, and the erection of an attached dual occupancy is permissible with consent. The proposal is consistent with the objectives and controls of Parramatta Local Environmental Plan 2001. The proposal seeks to vary a number of controls under Parramatta Development Control Plan 2005, however subject to modifications to the height and landscaping of the site, will be consistent with the objectives and intent of the plan.

Conditions of consent have been recommended to reduce the height of the building by 850mm to ensure an appropriate streetscape presentation and reduce shadow impacts upon No. 27-29 Calder Road, and to improve the landscaping of the development.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council as the consent authority, grant development consent to Development Application No. DA/105/2009 for demolition, tree removal and construction of a two storey dual occupancy development on land at 25 Calder Road, Rydalmere as shown on the approved plans, for a period of three (3) years from the date on the Notice of Determination, subject to the recommended conditions.

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

Kerry Gordon

Consultant Town Planner

Kerry Gordon Planning Services Pty Ltd

Attachments:

1View	Section 79C Assessment Report	41 Pages
2View	Locality Plan	1 Page
3View	Plans	12 Pages
4View	Response to Public Forum Questions 7 December 2009 Council Meeting	6 Pages
5View	Original Sec 79C Assessment Report	48 Pages

REFERENCE MATERIAL

Council (Development) 8 March 2010

Item 11.8

MAJOR APPLICATION

ITEM NUMBER 11.8

SUBJECT 579 Church Street, Parramatta (Lot 1 DP 128124)

DESCRIPTION Change of use and fitout of the premises for bulky goods retailing (piano showroom) with associated signage.

REFERENCE DA/857/2009 - 08 December 2009

APPLICANT/S Mike George Planning Pty Ltd

OWNERS Carpeteria (NSW) Pty Ltd

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the proposal involves a 64.6% variation to Clause 45(1) of the Parramatta Local Environmental Plan 2001 – Minimum floor space area for bulky goods retailing.

EXECUTIVE SUMMARY

The application seeks approval for the change of use and fit out of the subject premises for the purpose of bulky goods retailing of pianos with associated signage. The proposed hours of operation are Monday to Sunday 9:00am to 6:00pm.

Clause 45(1) of PLEP 2001 requires that bulky goods retailing is not to be undertaken unless the premises meets the minimum floor area. As pianos are categorized as ‘furniture’, Clause 45(1) requires that the floor space area of the premises to be a minimum of 1000m2. The floor area of the building is 210m2 with a storage shed area of 144m and therefore a total floor space area of 354m2. As such, the proposed floor space is 646m2 or 64.6% short of the development standard of 1000m2. Accordingly, a SEPP 1 objection has been submitted seeking approval for the variation. The SEPP 1 Objection is supported.

No objections from the public have been received in relation to this application.

The proposal is defined as ‘bulky goods’ under Parramatta LEP 2001 and is permissible in the Employment 4 Zone. The development is consistent with the aims and objectives of the Employment 4 Zone applying to the land, and is also consistent with the aims and objectives contained within Council’s DCP as the proposal provides the locality with employment enterprises that are compatible with existing and nearby land uses.

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

RECOMMENDATION

(a) That Council support the variation to Clause 45(1) - Minimum floor space area for bulky goods retailing contained in Parramatta Local Environmental Plan 2001 under the provisions of SEPP 1.

(b) Further, that development application (DA/857/2009) change of use and fit out of the premises for bulky goods (piano showroom) be approved subject to a conditional consent as outlined in Attachment 2 of this report.

Denise Fernandez

Development Assessment Officer

Attachments:

1View	Section 79C Report	19 Pages
2View	Location Plan	1 Page
3View	Plan	1 Page
4View	Statement of Environmental Effects (includes SEPP 1)	16 Pages

REFERENCE MATERIAL

Council (Development) 8 March 2010

Item 12.1

NOTICE OF MOTION

ITEM NUMBER 12.1

SUBJECT Telopea Department of Planning

REFERENCE F2007/02152 - D01461018

REPORT OF Councillor J Chedid

To be Moved by Councillor J Chedid:-

(a) That Council make representations on behalf of the local community of Telopea and Dundas outlining the issues of concern regarding the Department of Housing plan in Telopea.

(b) That the Department of Housing be requested to apply the following conditions when dealing with this DA; The provision of additional infrastructure, extra social services, recreational open space along with the essential amenities such as medical centres, adequate public transport and police services in the local area.

(c) That local affected residents be updated on the progress of the plan and a relocation plan be put in place in that transition period.

(d) That the Department ensure the proposed mixed development accommodates young families moving in the area along with senior citizens.

(e) Further that, it be noted that:-

1. There is currently insufficient housing supply for young families in the area.

2. Council is fortunate to have Telopea public school in the local area which provides a great service to the local community and which is suitable for young families.

3. Parramatta Council has contributed over $150,000 over the last 3 years on Sturt Park for open spaces to make it an attractive place for young families.

BACKGROUND

This development as explained has been declared by the Minister as a Part 3A project which means that the Consent Authority will be the Minister of Housing. I like many of you agree in Principal that the Minister the Hon David Borger’s intentions are to provide better housing for the people that live in Telopea. We at Council have made it very clear to the Minister that we would like to see a mixed development of public and private housing and he agrees. In my opinion for this development to be successful the Government has to provide additional infrastructure along with extra social services, recreational open space along with the essential amenities such as medical centres, adequate public transport and police services in the local area.

Staff Comment

The Development Services Unit is carrying out an assessment of the merits of the proposal and will be preparing a written submission to the NSW Department of Planning. The draft submission will be tabled at the Council Meeting of 22 March 2010 seeking Council endorsement to the submission.

Attachments:

There are no attachments for this report.

Council (Development) 8 March 2010

Item 12.2

NOTICE OF MOTION

ITEM NUMBER 12.2

SUBJECT Parramatta Council's Support for the Defence Force Reserves

REFERENCE F2009/01920 - D01462405

REPORT OF Councillor A A Wilson

To be moved by Councillor A A Wilson:-

That Parramatta City Council prepare a report that will support part time employment in the reserve. Matters to be included:-

1) The reserves being invited to place recruiting material on Council property.

2) In conjunction with the Army Reserves. an open day be conducted each year.

BACKGROUND

Attachments:

There are no attachments for this report.

Council (Development) 8 March 2010

Item 12.3

NOTICE OF MOTION

ITEM NUMBER 12.3

SUBJECT Naming of a Road in Dhaka, Bangladesh in Honour of Australian National - Late A W S Ouderland

REFERENCE F2006/00231 - D01464733

REPORT OF Councillor P K Maitra

To be moved by Councillor P K Maitra

(a) That Council receive and note the report on the naming of a Road in Dhaka, Bangladesh after an Australian, the Late AWS Ouderland who fought the liberation war in Bangladesh.

(b) Further, that Council formally thank the Mayor of Dhaka City Corporation by issuing letters of thanks by the Lord Mayor who also met the Mayor during his recent visit to Bangladesh. The letter be copied to the High Commissioner of Australia in Bangladesh, Bangladesh High Commissioner in Australia and the Australian Minister of Foreign Affairs.

BACKGROUND

As attached in Attachment 1

Attachments:

1View

Report on Dhaka City Corporation names a Road in Dhaka after A W S Ouderland

3 Pages