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,  12 April 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

Text Box:   Press

 

Staff

 

 

Staff

 

GALLERY

 


Council (Development)

 12 April 2010

 

 

TABLE OF CONTENTS

 

ITEM                                                         SUBJECT                                              PAGE NO

 

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

2        APOLOGIES

3        DECLARATIONS OF INTEREST

4        Minutes of Lord Mayor

5        Public Forum  

6        PETITIONS  

7        Economy and Development

7.1     Functions Delegated to the Chief Executive Officer related to the Determination of Development Applications

7.2     Variations to Standards under SEPP 1

7.3     2 Morton Street Parramatta

7.4     Further report - Telopea Urban Renewal Project, Telopea - Part 3A Project   

8        Community and Neighbourhood

8.1     Graffiti Action Day   

9        DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

10      DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

11      Reports - Domestic Applications

11.1   15 Yimbala Street, Rydalmere
(Lot 5 DP 215699) (Elizabeth Macarthur Ward)

11.2   59A Isabella Street, North Parramatta
LOT 22 DP 856857 (Elizabeth Macarthur Ward)

11.3   59 Ross Street, North Parramatta
(Lot 1 DP 965118) (Arthur Phillip Ward)

11.4   Lot 67 DP 270075 25 Mangalore Drive Winston Hills (Caroline Chisholm)

11.5   Lots 231-234, 242-245, 249-253 in DP 752058, Granville Park (Pk 24), 188 Woodville Road & 2 Montrose Avenue, MERRYLANDS, NSW 2160 (Woodville Ward) (Location Map - Attachment 2)

11.6   11 Lowe Street, Merrylands (Lot X DP 402254) (Woodville Ward)

12      Reports - Major Applications

12.1   36 Charles Street, Parramatta (Port Bar) (Lot 1 in DP869828) (Arthur Phillip Ward)

12.2   Section 82A Review of Determination - 91 Blaxcell Street, Granville (Lot 1 DP 128854) (Woodville Ward)

12.3   2/34 Waratah Street Melrose Park (Lot 2 SP 33610) (Lachlan Macquarie ward)

12.4   8 Brodie Street Rydalmere (Lot 164 DP 14244) (Elizabeth Macarthur Ward)

12.5   281 Guildford Road, Guildford (Lots B & C DP 103330) (Woodville Ward)

13      Notices of Motion

13.1   Smoking Ban

13.2   US Flag Raising Ceremony   

14      Closed Session

14.1   Tender 7/2010 Parramatta-Blacktown Cycleway - Goliath Avenue, Winston Hills - Shared Cycleway - Construction of a Concrete Cycleway 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.

14.2   Tender 8/2010 Granville Park Detention Basin - Construction of Retaining Walls, Outlet Structure, Mounds and Associated Works.

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

14.3   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

 

 

 

   


Council (Development)

 12 April 2010

 

 

 

Economy and Development

 

12 April 2010

 

7.1    Functions Delegated to the Chief Executive Officer related to the Determination of Development Applications

 

 

 

 

7.2    Variations to Standards under SEPP 1

 

 

 

 

7.3    2 Morton Street Parramatta

 

 

 

 

7.4    Further report - Telopea Urban Renewal Project, Telopea - Part 3A Project


Council (Development)  12 April 2010

Item 7.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER         7.1

SUBJECT                   Functions Delegated to the Chief Executive Officer related to the Determination of Development Applications

REFERENCE            F2004/06472 - D01493291

REPORT OF              Group Manager Outcomes and Development; PA to Manager Development Services         

 

PURPOSE:

 

This report was deferred from the Council meeting on 22 March 2010.

 

To obtain Council endorsement and re-affirmation of functions delegated to the Chief Executive Officer relating to the determination of development applications.

 

 

RECOMMENDATION

 

That Council re-affirm the decision of 9 March 2009 regarding the functions delegated to the Chief Executive Officer that relate to the determination of development applications, being:

 

(a)        Approve development applications (including section 96 applications) provided:

 

i.          There are not more than 7 objections to the development; or

ii.         The development application does not relate to land in which Council holds, or has recently held, a direct pecuniary interest; or

iii.        The development application is not known to have been made, or relate to a property owned by a member of staff or Councillor; or

iv.        The development application does not seek to demolish a heritage item; or

v.         The development application does not relate to a brothel, massage parlour, sex service premises, restricted premises, tattoo parlour or place of public worship; or

vi.        The application does not seek a review of determination under section 82A review; or

vii.       The application is lodged as a ‘Fast Track DA’ (ie swimming pool, garages, awnings, decks pergolas, change of use and similarly small scale DAs) even if 7 or more objections are received.     

 

 

BACKGROUND

 

Council at the meeting of 22 March 2010 deferred consideration of this matter for 2 weeks to obtain further information regarding the delegations that were given in the past 12 months. A copy of the Council resolution of 9 March 2009 can be found in Attachment 1

 

REPORT

 

Council on 9 March 2009 considered a report on processing and administration of development applications. Arising from that report Council delegated authority to the Chief Executive Officer to determine certain categories of development applications for a 12 month period.

 

The 12 month period has passed and the operation of the delegation has been reviewed. In the 12 months prior to March 2009, 1110 development applications were determined by Council, of these 86% were determined under delegation. In the last 12 months, 1176 development applications were determined by Council, of which 91% were determined under delegation. It is considered appropriate to maintain the current delegations and it is thus recommended that Council re-affirm its previous decision of 9 March 2009.   

 

However, in response concerns raised by Councillors in relation to heritage items it is proposed to introduce a ‘call-up’ provision for heritage applications and applications that seek to modify approved places of public worship.

 

It is suggested that the ‘call-up’ provision would be available when three (3) councillors request in writing that an application that relates to:

 

(a) a heritage item; or

(b) section 96 application to a heritage item; or

(c) section 96 application for a place of public worship

 

request that the determination of these DAs be made by the elected Council, rather than staff. To facilitate the ‘call up’, notice of all development applications submitted for these types of applications would be distributed to Councillors on a weekly basis in the Councillor Information Booklet.

 

A ‘call-up’ provision is suggested rather than a mandatory trigger that requires all applications that relate to heritage item being referred to Council for determination, as a large majority of DAs that relate to heritage items are for minor matters, such as change of use applications where there is no community interest in the matter.

 

If Council supports this approach, the following wording is suggested for the instrument of delegations:

 

‘Call up’ provision – where an application is made to modify an application to an approved place of worship’ or to modify an existing development consent on a heritage item’ or an application located on a heritage item,  three (3) councillors may request in writing that an application be ‘called’ to Council for determination. This written request is to be made no later than 1 week after the conclusion of the public notification/exhibition period. 

 

 

 

Sue Weatherley

Group Manager Outcomes & Development

 

 

 

Attachments:

1View

MINUTE Processing and Administration of Development Applications (Regulatory Council - 9 March 2009)

4 Pages

 

 

 

REFERENCE MATERIAL

 


Council (Development)  12 April 2010

Item 7.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER         7.2

SUBJECT                   Variations to Standards under SEPP 1

REFERENCE            F2009/00431 - D01494152

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, seven (7) 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 24 February to 24 March 2010.  Six development applications were approved at the Council Meeting of 8 March 2010 and one under Delegated Authority as shown in Attachment 1.

 

 

 

 

Louise Kerr

Manager Development Services

 

Attachments:

1View

Development Application Variations under SEPP 1 - Approved March 2010

2 Pages

 

 

 

REFERENCE MATERIAL

 


Council (Development)  12 April 2010

Item 7.3

ECONOMY AND DEVELOPMENT

ITEM NUMBER         7.3

SUBJECT                   2 Morton Street Parramatta

REFERENCE            F2005/01017 - D01496508

REPORT OF              Senior Project Officer         

 

PURPOSE:

 

This report provides Council with details of the proponent’s position on the renegotiation of the draft Voluntary Planning Agreement (VPA) for 2 Morton Street, Parramatta.

 

 

RECOMMENDATION

 

(a)     “That Council adopt either 1 or 2 following and advise the proponent accordingly:

         

EITHER

1.    A revised draft Voluntary Planning Agreement (VPA) of which the key elements are as follows:

 

(i)      That the cash contribution by the proponent for a pedestrian bridge be increased from $1,500,000 to $1,750,000 as offered, such increase being funded by the removal of some of the works- in-kind from the foreshore improvements referred to in paragraph 3 of this report and in addition;

(ii)     That Council’s contribution to the pedestrian bridge be limited to a maximum of $1,250,000, assuming the final cost of the pedestrian bridge is $3,000,000. 

OR

 

2.      A revised VPA of which the key elements are as follows:

 

(i)         That the cash contribution by the proponent for a pedestrian bridge be increased from $1,500,000 to $3,000,000, such increase being funded by the redirection of works- in-kind from the foreshore improvements as referred to in paragraph 3 of this report.”

 

(b)     Further, that Council exhibit the draft VPA along with the Planning Proposal and stand alone draft DCP for the land, should the proponent agree to Council’s adopted position above.

 

BACKGROUND

 

1.      On 22 February 2010, Council received a report about the draft Voluntary Planning Agreement (VPA) for 2 Morton Street, Parramatta. Council staff recommended that the previously adopted draft VPA be amended by redistributing the proponent’s cash contribution of $1.5 million towards a pedestrian bridge over the Parramatta River, to a contribution towards the foreshore multi purpose path with associated works. Staff raised concerns about the commitment required from Council to fund the balance of the cost of constructing the bridge, potentially another $1.5 million. Council deferred a decision on this matter until it had received further information.

 

2.      On 8 March 2010, Council reconsidered this report along with additional information provided by memo to Councillors dated 4 March 2010. Council resolved to renegotiate the draft VPA to require the applicant to construct the pedestrian bridge.

 

PROPONENT’S REVISED OFFER

 

3.      The following is a summary of the value of the key components of the draft VPA as previously agreed by Council:

(a)     Dedication of 12,600sq.m of foreshore land (original Council valuation $3.8 mill)

(b)     The construction of a foreshore cycleway and pedestrian path (approximately $400,000)

(c)     The undertaking of landscape works along with public art along the length of the foreshore link ($100,000)

(d)     Construction of 3 boardwalk/viewing platforms ($183,000)

(e)     Construction of a recreation area ($350,000)

(f)      Construction of a foreshore road ($1,000,000 – cost revised by Council)

(g)     The developer will contribute  $1,500,000 cash towards a pedestrian bridge

(h)     Tree planting of road reserves and maintenance for 12 months ($50,000)

(i)      A turning circle at the end of Pemberton Street - $60,000

(j)      Plus design fees $227,000

 

4.      The proponent has put forward the following option for Council’s consideration in renegotiating the draft VPA (refer to attachment A). The revised option would see approximately $250,000 of works-in-kind being redirected to increase the cash contribution towards the pedestrian bridge from $1,500,000 to $1,750,000. This would reduce Council’s financial contribution to $1,250,000, if the bridge construction is $3 million. The proponent has not agreed to fully fund the construction of the pedestrian bridge over the river.

 

OPTIONS FOR COUNCIL IN CONSIDERING THE REVISED OFFER

 

Option 1

 

5.      The proponent’s offer does respond positively to Council’s resolution, but does not remove the significant financial obligation for Council to fund the remaining cost of the pedestrian bridge. Council could choose to accept the liability of the remaining cost of the bridge up to a limit of $1.25M.

 

Option 2

 

6.      Other works-in-kind items specified in the original draft VPA that could potentially be foregone to increase the proponent’s cash contribution towards the full cost of the pedestrian bridge at $3M are listed above in paragraph 3.

 

7.      The draft VPA currently proposes a foreshore road to act as a buffer between the residential apartments and the foreshore and improve foreshore access to the public. This was envisaged as part of the original structure plan. The proposed foreshore road is located within an area designated as a high flood risk. Council’s Flood Management Policy does not exclude the construction of a road, subject to specific guidelines. However, it does have the potential to affect flood behaviour in this area and in a flood event, the lower part of this proposed roadway could be a hazard. It also creates risk management issues in terms of people having access to this area during a flood event.  If the road was not provided, then its value could be redistributed towards the construction of the pedestrian bridge. This would reduce Council’s financial contribution to the construction of the pedestrian bridge considerably.

 

8.      Council may wish to consider whether it would be agreeable to foregoing the foreshore road, or alternatively any of the other works detailed above and seeking the agreement of the proponent to this outcome. This position would need to be tabled with the proponent and agreement sought.

 

COMPARATIVE VALUE OF THE VPA to SECTION 94A

 

9.      The components of the draft VPA provide substantially more value to Council than a Section 94A Contribution.  It also provides for a missing link of foreshore land to become public land, to facilitate public access and improved recreation space close to the CBD.  Council would otherwise have to purchase this land. These public benefits will contribute to Council’s long-term vision to activate the Parramatta foreshore.

 

10.    The total value of the original draft VPA is approximately $7.66M comprising land dedication ($3.8M), works ($2.143M), cash contribution towards bridge ($1.5 M), and design fees ($0.227M).

 

11.    Alternatively, a Section 94A Contribution, based on approximate construction costs of $225 million, would generate $2.25m based on the 1% levy in Council’s Section 94A Plan. This contribution could not be used to fund all works proposed in the VPA as it would need to be distributed according to the various works programs specified in the Plan.

 

DEDICATION OF FORESHORE LAND

 

12.    The total value of the draft VPA includes land value of the foreshore reserve to be dedicated to Council. The proponent is offering to dedicate approximately 12,600 sq.m of foreshore land. In negotiating the draft VPA, the proponent has given thought to increasing the land dedication but as yet no formal agreement has been reached.

 

13.    In 2004, a land valuation of the foreshore area was prepared for the purpose of Council’s previous Section 94 plan. That estimated the value per square metre at $300 and was used as the basis of the draft VPA.  An updated land valuation is being prepared and will be distributed for Council’s consideration prior to the Council meeting.

 

TIMING AND RISKS

 

14.    Council should consider the following in its decision relating to the draft VPA:

a)      The VPA is a voluntary process and both parties must agree to the components of the VPA for it to be successfully negotiated.

b)      The planning controls to rezone the land are already on public exhibition in draft form as part of the draft Parramatta LEP.

c)      The Gateway process relating to the Planning Proposal, seeking to allow the rezoning to take place ahead of the draft LEP, requires the completion of the site specific LEP process within 6 months (9 Feb to 9 August). The DoP has written to Council advising that to meet the mid-August completion date, the Planning Proposal would need to be exhibited and submitted to the DoP by mid June. (Note: Council’s resolved position is that the draft VPA is to be exhibited concurrently with the Planning Proposal and draft DCP for the land.)

d)      If Council is shown to be moving too slowly and not complying with the deadline set by the Gateway, the DoP could determine that Council should not be the Responsible Planning Authority for determining the Planning Proposal. Alternatively, the proponent may consider a Part 3A process to achieve the rezoning and largely remove Council from the determination.   

e)      The foreshore land included in the VPA is currently identified as a reservation and Council has a legal obligation to acquire the land at market value.  Irrespective of the VPA, there is a monetary liability already existing. 

f)       If the proponent goes ahead with a “normal” S94A framework, the dedication of this land is likely to be a significant deduction and may even exceed the amount of the s94A contribution depending on the final agreed value.

 

 

 

 

 

Sue Stewart

Senior Project Officer

Land Use and Transport Planning

 

Attachments:

1View

Letter from Frasers Property re 2 Morton Street

3 Pages

 

 

 

REFERENCE MATERIAL

 


Council (Development)  12 April 2010

Item 7.4

ECONOMY AND DEVELOPMENT

ITEM NUMBER         7.4

SUBJECT                   Further report - Telopea Urban Renewal Project, Telopea - Part 3A Project

REFERENCE            NCA/1/2010 - D01496050

REPORT OF              Senior Development Assessment Officer       

 

PURPOSE:

 

To seek Council endorsement to the submission to the Director General of the Department of Planning on the Concept Plan for 1900 dwellings over 10 precincts and project approval of demolition of existing dwellings and construction of 103 residential flat units on Shortland Precinct and 49 residential flat units in Moffatts Precinct.  This project is a project under Part 3A of the Environmental Planning and Assessment Act 1979 that has been made by the NSW Department of Housing.

 

 

RECOMMENDATION

 

That Council endorse the submission made by Council staff as included in attachment 2.

 

 

BACKGROUND

 

1.      Council considered a report on the project at the meeting of 22 March 2010 and resolved:

“(a)     That the report be treated as an interim report and an extension of time be sought to enable a more comprehensive staff submission.

 

(b)     That a comprehensive Community and Stakeholder Consultation Plan should be developed by the NSW Department of Housing following consultation with Parramatta City Council. The Community and Stakeholder Consultation Plan should include (but not be limited to):-

·         A variety of engagement techniques that offer opportunities to participate across all relevant groups;

·         Clearly identify key community and stakeholder groups who will be consulted during the redevelopment project.

·         Clearly identify how issues raised during consultation stages are to be addressed and considered by the NSW Department of Housing.

 

(c)      Further, that Community and Stakeholder Consultation is to be carried out on a regular basis (no less than every 6 months) by the NSW Department of Housing during the redevelopment project (i.e. planning and design phase, construction phase and occupation phases).”

 

2.      Following the Council meeting, the Department of Planning were requested in writing an extension of time to enable Council to prepare a further report on the project, no objections were raised to the extension to allow consideration of a report at the meeting on 12 April 2010.

 

 

 

ISSUES

 

1.      Council at its meeting of 22 March 2010 resolved that a more comprehensive submission be prepared and include issues specifically raised during the Council meeting.

2.      The issues for considered by Department of Housing in the determination of the concept plan and 2 project applications have been reviewed and are included in this report and as attachment No. 2.     

 

Issues (Concept Plan)

 

The concept plan has been reviewed by relevant departments of Council and the following issues should be given consideration by the Department of Planning in the determination of the concept plan.

 

Parramatta Local Environmental Plan 2001

 

The concept plan and project applications seek approval of a varying height of 3 to 6 storeys, this is contrary to the permissible heights under Parramatta Local Environmental Plan which allows a varying height of 2 – 3 storeys.

 

Council is however currently exhibiting a draft LEP (Draft PLEP 2010) which seeks to up zone this area which is consistent with the proposal by the Department of Housing.

 

Despite the current zoning of the site, it is envisaged this area will be redeveloped to provide additional housing both in public and private ownership. It is considered this proposal achieves this requirement.

 

Developer Contributions (S94A Contributions and Voluntary Planning Agreements) and draft PLEP 2010

 

The application has been reviewed by Councils Land Use Planning team who have provided the following advice:

 

“The draft LEP has been issued with a Section 65 certificate and is currently on public exhibition.

 

The proposed concept plan, from a land use (building type) perspective is generally consistent with the draft zonings proposed under the dLEP.

 

Council’s draft LEP does not propose a maximum FSR for the majority of the area covered by the concept plan. In relation to those areas that do have an FSR awarded (part Figtree, Parade and Evans precincts), the table provided below indicates demonstrates the level of in/consistency with the dLEP.

 

Precinct

Proposed FSR & storeys

dLEP FSR

Figtree

1.1:1  (3-4 storeys)

0.8:1 (11m). A small portion has no FSR assigned

Parade

1.0:1 (3-4 storeys)

0.6:1 (11m), 0.8:1(11m) & 1.1:1 (14m)

Evans

1.5:1 (4 storeys)

2.0:1 (15m)

 

The Floor Space Ratio Control has the primary objective of controlling the bulk, scale and intensity of the built form.  Concern is raised in respect to the exceeding of the FSR proposed by the dLEP by such a magnitude. Particular concern is raised in relation to the ‘Parade’ precinct where areas of 0.6:1 FSR (under dLEP) are intended to provide a suitable transition zone down to the nearby low density residential areas to the east.

 

Similar concerns are raised in relation to the proposed heights of these three precincts particularly in the areas closer to the interface with intended lower density zones.

 

Development Contributions (S94A or Voluntary Planning Agreement)

 

Section 5.10 of the proponent’s Environmental Assessment report addresses the issue of contributions. In relation to this issue the following comments are made;

 

The proponent’s response to the issue of payment of development contributions is lacking in detail and contains neither a statement of commitments nor details of any Voluntary Planning Agreement or the like. This is required to be addressed adequately as detailed in the Director General’s Requirements dated 14 November 2009 (Item 9).

 

The statement provided by the proponent asserts that no contributions should be applicable to that component of the concept plan involving re-accommodation of existing Housing NSW tenants and that an agreement/contributions may be able to be negotiated for that component of the proposal which will be carried out by the ‘open market’.

 

This is not acceptable for the reasons outlined further below.

 

The proposed concept plan has been deemed to be of state significance under part 3A of the EP & A Act due to its scale and it is fitting that integral matters such as provision of public facilities and public benefit are provided for, particularly given the proposal will accommodate residents that are socially and economically disadvantaged.

 

The project proposes a significant increase in residential density, retaining the existing level of public housing in a higher density building form and freeing up development sites on Housing NSW land for development of high density housing by the private sector. The figures indicated involve an increase of 3,300 people over a 10 year period with the priority to re-accommodate the 500 existing public housing residents in the early stages.

 

The entering into of a Voluntary Planning Agreement (VPA) would enable targeting of expenditure on public improvements for facilities and services in the immediate vicinity of the renewal precinct to coincide with the redevelopment of the precinct.

 

As mentioned, the area will retain a significant population of residents that are socially and economically disadvantaged and the Social Impact Assessment included with the application (Appendix 21) identifies the anticipated demands on things like, education, library services, community services (youth, disability, family support), mental health and childcare yet does not identify any meaningful commitment to or the vehicle by which to provide any of these.

 

Given the level of growth proposed in the precinct and the level of public housing that will be retained, it is considered that a Planning Agreement would provide more certainty that an appropriate level of improvements to public facilities will be provided.

 

It would be preferable for the facilities to be provided at any early stage in the renewal project, given that the first stages will be for public housing. In discussions with the proponent it has been requested that consideration be given to providing improvements to community facilities such as the community centre and library, scout hall, communal public spaces and public open space (passive and active). Council has also been investigating the feasibility of different locations within the LGA, including Telopea, for the establishment of community hubs – access points for a wide range of community activities, programs, services and events.

 

Housing NSW has not provided information about which sites will be offered to the private market, nor the manner in which the private development will proceed. The private sector development is therefore uncertain, so the option of Housing NSW providing for the improvements to public facilities earlier on and recouping the cost from private developers has previously been discussed. This option offers some distinct advantages however no letter of offer or statement of commitments has been provided so can not be formally be considered by Council.

 

Summary

 

Whilst no fundamental objection is raised to the proposal from a land use perspective it is considered to be of paramount importance that the issue of developer contributions be resolved prior to the granting of any approval by the Minister. To simply defer the matter for later stages of development will not result in the delivery of the requisite infrastructure, services and facilities for current and future occupants of the development.”

 

Comments: Concerns are raised that no commitment has been made by the Department of Housing to enter into a Voluntary Planning Agreement or for payment of Section 94A Development Contributions. It is considered that these contributions will assist in providing the necessary infrastructure for the Telopea area to cater for the increased housing population the project involves.

 

Significant concerns are raised that the long term planning for the project have not been adequately addressed including the long term social needs for the community. The first two projects are for Public Housing however no additional community needs (including common open space) are included within the concept plan or project applications.

 

Concerns are raised that the FSR of the Figtree Precinct exceeds the FSR controls under Draft Parramatta Local Environmental Plan 2010 which is currently on exhibition. Under the draft LEP the maximum FSR for the Figtree Precinct is 0.8:1, whilst the Concept Plan indicates the proposed FSR is 1.1:1. The FSR for all precincts including the Figtree Precinct is required to be consistent with the Draft LEP.

 

 

 

 

 

Site Isolation

 

Concerns are raised that the overall concept isolates a number of dwellings in the Figtree Precinct in private ownership including No. 2 Fig Tree Avenue and No. 8 Fig Tree Avenue.

 

No. 26 The Parade (within the Parade Precinct) has limited development potential. Draft PLEP 2010 indicates the allotment is the last property within the proposed R4 zone and immediately adjoins the R3 zone. Concerns are raised as the property is in private ownership and adjoins Department of Housing properties on both the north and south.  The location of the sites isolated is attached in Attachment 6.

 

Consideration should be given by the Department of Planning in the assessment of the Concept Plan and any subsequent Project Applications to issues relating to potential isolation of dwellings in terms of potential redevelopment of the site and design issues including height transitions, privacy and overlooking. In addition the Department should consider working with the owners of these properties for inclusion into the concept.

 

Bulk and Scale

 

Careful consideration should be given to the bulk and scale of all buildings in particular those buildings which adjoin privately owned properties, to ensure there is an appropriate transition both in height and bulk and scale.  It is considered the proposed bulk and scale as indicated in the concept plan could be problematic and adversely impact and detract from existing and retain dwellings.

 

Traffic

 

The concept plan has been reviewed by Council’s Traffic and Transport Investigations Engineer who has provided the following comments:

 

“1.        The Transport Study indicated that the Report does focus on the Telopea Precinct and especially Stage 1 development proposal (Shortland Precinct & Moffatts Precinct).  The Transport Study included the following:

 

§ Relevant transport planning issues such as transport mode split and road hierarchy

§ Carparking analysis and the findings of the Study will form the basis of the surrounding parking conditions around the site

§ Maximising public transport , walking and cycling usages

§ Logistics of internal traffic generation, including visitors and external service providers, parking and movement.

§ The impact of the development on the external environment,

§ Integration with existing and planned public transport services.

 

2.         The Transport Study states that “observations of traffic speeds on local roads indicated reasonable compliance with the posted speed limits”.  It is suggested that speed surveys should be carried out on roads associated with the 10 Precincts under the Concept Plan Application.

 

3.         Traffic Safety The Transport Study indicated that there are no Black Spot accident sites within the study area.  However, once the proposed development commenced construction and as other precincts are developed, it is expected that traffic generation will also increase.  It is suggested that the crash history for the affected roads within the precinct should be reviewed and addressed as part of the future traffic impact assessment for each precinct.  Council records indicate that there have been concerns received from the residents regarding speeding of vehicles along Sturt Street. 

 

4.         Parking Conditions  The Transport Study also addressed the existing parking conditions on the precinct road network and it was noted that the current on-street parking allows for sufficient visitor parking at all weekday times observed in the Study.  It is suggested that in future, should further precincts are developed the on-street parking conditions may require review and/or changes.  In this regard, any alteration to the on-street parking should be referred to Parramatta Traffic Committee under Delegated Authority for approval.  Note that Council has received concerns from residents regarding parking along the railway station.

 

5.         Modal Split   The Transport Study stated that based on the Transport Data Centre (TDC) 2006.  The HNSW Design Guidelines stated that “about half of the public housing tenants are likely to own cars and less in areas close to good public transport such as Telopea.  There is a relatively low car ownership and usage of private cars in the subject sites compared to Telopea as a whole and to Sydney averages.  This matter needs to be confirmed by further investigation of the area and not only by data from other areas of study.

 

6.         Public Transport Facilities and other modes of transport

It is noted that the Transport Study addressed the existing public transport availability including cycling and walking.  It was noted in the Transport Study that there is a poor pedestrian accessibility to surrounding areas due to lack of footpaths and it was observed that pedestrians were forced to walk on the road which causes pedestrian safety.  It is suggested that concrete footpath should be provided along the surrounding streets within the precincts.  It is recommended that for cycle route construction, the Parramatta Bike Plan should be considered in conjunction with the provisions of the cycleway within the road precincts.

 

7.         Parking Provision 

On site parking to be provided for all the precincts should be in accordance with Parramatta Council’s DCP for residential development (either within 400m or more than 400m of railway station and transit corridors, where appropriate) plus bicycle facilities.  Parking provision should also comply with the Housing NSW requirements, if appropriate, and the Sustainable Housing Guidelines 2008, as indicated in the Transport Study report.   The Plans show that the proposed disabled parking spaces do not appear to comply with AS 2890.6-2009.

 

8.         Parking Layout 

The on-site parking layout as shown on the relevant Plans is considered adequate.  However, the dimensions of the disabled parking spaces should be in accordance with AS 2890.6-2009.  The dimensions of the disabled parking as shown on the Plan appear not to be in accordance with AS 2890.6-2009.  It is recommended that these spaces should be widened according to AS 2890.6-2009.  Bicycle parking facilities should comply with AS 2890.3.

 

9.         Road Network

The internal widths of internal laneways within each precinct should be designed according to Council requirements and should accommodate the manoeuvrability of garbage and loading trucks.  It is recommended that further investigations should be carried out at the following intersections to determine the impact of traffic within the surrounding road network and appropriate traffic facilities due to the expected traffic generation of the proposed development in order to improve traffic flow and safety within the road precincts.

§ Sturt Street and Kissing Point Road

§ Adderton Road and Kissing Point Road

§ Evans Road and Pennant Hills Road

 

10.      Traffic Generation

As part of future project applications, it is recommended further data should be undertaken to determine the intersection capacity and performance as the whole Telopea Renewal Urban Project are developed.  It is important that a macro analysis for the whole 10 Precincts be undertaken and model the future traffic generation for the full staged development of the Project in order to determine the accumulated impact of the proposed developments in the area.

 

11.      Local Area Traffic Management (LATM) Scheme

Council records indicate that, where appropriate, a LATM Scheme should be established and traffic facilities installed within the road precincts and should be addressed in future Traffic Report. 

 

Conclusion

 

The Transport Study only covered the Shortland and Moffatts Precincts for the Project Application and does not address the overall analysis of the whole Precincts covered by both the Concept & Project Plan Applications.  It is important that a macro analysis (using road network traffic modelling for example NETANAL) to determine the impact of the traffic within the staged development in 2yrs, 5yrs, 7yrs or 10yrs of construction & development of the area and not only the micro analysis of each precinct.

 

Recommendation

 

No concerns are raised to the proposal on traffic and parking grounds subject to the following traffic related conditions:

 

a)   Further traffic & transport study to be undertaken to determine the increase in traffic generation within the Study area and surrounding road network as future precincts are developed. The study should review the need for on street parking; any changes to on street parking are required to be referred to Parramatta Traffic Committee for approval.

 

b)   Further investigations should be carried out at the following intersections to determine the impact of traffic within the surrounding road network and appropriate traffic facilities due to the expected traffic generation of the proposed development in order to improve traffic flow and safety within the road precincts.

§ Sturt Street and Kissing Point Road

§ Adderton Road and Kissing Point Road

§ Evans Road and Pennant Hills Road

 

c)   The dimensions of the disabled parking spaces should be widened to comply with AS 2890.6-2009. 

 

d)   Further data should be undertaken to determine the intersection capacity and performance as the whole Telopea Renewal Urban Project are developed.

 

e)   Concrete footpath should be provided along the surrounding streets within the precincts according to Council’s requirements.

 

f)    For cycle route construction, the Parramatta Bike Plan should be considered in conjunction with the provisions of the cycleway.

 

g)   A Local Area Traffic Management (LATM) Scheme to be established and traffic facilities installed, if warranted under the Austroads and RTA Guidelines, within the road precincts and to be addressed in future Traffic Report. 

 

h)   A macro analysis (using road network traffic modelling for example NETANAL) to determine the impact of the traffic within the staged development in 2yrs, 5yrs, 7yrs or 10yrs of construction & development of the area and not only the micro analysis of each precinct.

 

Comment: Significant concerns remain that the concept plan has not addressed the long term impacts the redevelopment of the area will have on the surrounding traffic network. Consideration should be given as a priority to the impacts on the traffic network. A long term traffic and car parking strategy should be prepared and implemented prior to determination of the concept plan which addresses all 10 precincts.

 

Car parking

 

Additional on site parking for both residents and visitors to all buildings, to limit the need in the future for on street parking. Provision of car parking should comply with numerical controls as contained within Parramatta Development Control Plan 2005. Further consultation should be undertaken with future occupants to look at the current car parking needs to ensure car parking needs over the entire precincts are met.

 

Sufficient on site parking should be provided for future tenants within all precinct. Consideration should be given to developments which will be in private ownership where car ownership may be higher.

 

Urban Design - Building Envelopes

 

The proposed building envelopes are generally street forming buildings that step down the slope and this creates a desirable streetscape character. The layout of the streets and the size of the blocks to be developed means many of the buildings will have a northern orientation. Where this is not the case, the alignment of the buildings maintains the desired streetscape and complements the topography.

 

To maintain a pleasing appearance, the composition and detailing of the longer facades needs to be carefully considered. Many of the building envelopes form courtyard style developments within buildings surrounding communal open space. This is a desirable outcome but connectivity through the large blocks needs to be considered.

 

Urban Design - Pathways

 

The original concept plan submitted to Council in December 2009 indicated a number of public pathways through large street blocks and courtyard style developments.  The drawings that form the current submission do not include a clear outline of the works for the public domain. 

 

Connectivity and permeability are issues in the area due to the large block sizes, steep topography, street pattern and railway line.  This issue should be reconsidered and well designed public paths be provided in the Moffatts precinct, both north-south and east-west, and also within the Sturt Precinct with a pathway opposite Manson Street on the western boundary of the Library to Eyles Street. 

 

Council also prefers and recommends the creation of new public roadways over pathways in some areas.  This includes between Eyles Street and the laneway behind the shops fronting Evans Road; and between Manson Street and Marshall Street.  

 

Seniors Living

 

No consideration has been given as part of the Environmental Assessment for the concept plan against State Environmental Planning Policy (Seniors Living) 2004. It is imperative that consideration be given to all future project applications for housing for the aged and disabled as required under the Seniors Living SEPP.

 

Infrastructure

 

Consideration should be given during the assessment of the concept plan for future amenities over the long terms for the residents of the area, including additional recreational open space areas, adequate levels of public transport, provision of additional essential services including medical, child care facilities and shopping facilities.

 

Concerns are raised that the existing infrastructure will not cope with the increased long term demand for services including the upgrading of telephone and electricity supplies. In addition consideration should be given to the Parramatta Rail Link to improve public transport in this area.

 

Trees

 

An extensive arborist report shall be submitted with all project applications which clearly identifies all trees impacted by the development. Retention of trees within each site

 

Heritage

 

Consideration should be given to any dwellings which may have heritage significance. It is noted that the application does not include a Heritage Report for review. All project applications should be reviewed by the Department of Planning’s Heritage Advisor prior to determination to evaluate any heritage significance.

 

Concerns are raised that no consideration has been given to Winter House located at No. 34 Adderton Road which is in close proximity to the redevelopment area.

 

Community Consultation Plan

 

A comprehensive Community and Stakeholder Consultation Plan should be developed by the NSW Department of Housing following consultation with Parramatta City Council. The Community and Stakeholder Consultation Plan should include (but not be limited to):-

·            A variety of engagement techniques that offer opportunities to participate across all relevant groups;

·            Clearly identify key community and stakeholder groups who will be consulted during the redevelopment project.

·            Clearly identify how issues raised during consultation stages are to be addressed and considered by the NSW Department of Housing.

 

The Community and Stakeholder Consultation should be carried out on a regular basis (no less than every 6 months) by the NSW Department of Housing during the redevelopment project (i.e. planning and design phase, construction phase and occupation phases).

 

Ownership

 

Concerns are raised that there has been no commitment by Department of Housing to sell the land for private developers to develop. In addition the concept plan does not indicate which precincts will contain public or private housing and how the mix will be achieved. In addition concerns are raised that the 70/30 private / public ownership will be hard to keep track of. It is a recommendation that a housing mix for all types of families be provided including young families, empty nesters and seniors. This will assist to cater for a aging society.

 

Government

 

Concerns are raised that a change in State Government whilst the project is underway might undermine the long term planning of the area. No commitment has been made by the Department of Housing regarding the longevity of the project.

 

Sustainability

 

Concerns are raised that the project must be sustainable for the long term. The long term infrastructure required for the project should be provided immediately and not after majority of precincts are developed.

 

Notification

 

Concerns are raised that the notification of the concept plan and project application was not sufficient, concerns are raised that only 1500 residents were notified of the proposal. It is imperative that all residents in the area be notified of the project.

 

 

 

 

 

Issues for consideration (Shortland Precinct)

 

The project application has been reviewed by relevant departments of council and the following issues should be given consideration by the Department of Planning in the determination of the project application.

 

Urban Design - Building A1 (adjoining the railway line)

 

The design of the roof needs refinement to redress issues of scale and appearance.  The roof has not been successfully integrated into the design of the overall façade and adds unnecessarily to the bulk and scale of the building.  The heavy appearance of the roof will be exacerbated due to the visually prominent location of the building on the ridge.  The design of the roof for the adjoining building (building A2) is more successful as it appears to be an extension of the façade, has a reduced mass and relates to the context of adjoining smaller building forms. 

 

Urban Design - Building A2 (corner of Marshall Street and Shortland Street). 

 

The composition and detailing of the building façade needs refinement to address issues of scale, appearance and amenity, specifically:

 

-     The eastern elevation to Shortland Street has large blank walls and exposed car parking areas.  This compromises the street character and pedestrian amenity and safety.  Reducing the exposed car parking area, and increasing the number and size of window openings and balconies would provide a more active street frontage.  This would also provide greater opportunities for surveillance of the street and improved daylight and ventilation for the apartments. 

 

-     The southern elevation to Marshall Street is very long and needs to step down the site to reduce the apparent bulk and scale.  This could be achieved by not carrying the datum line across the building, but balancing the scale of the balcony framing features (face brick elements) to frame one level of the building, or two levels.  

 

-     The western elevation that overlooks the communal outdoor space between the two buildings has large blank walls.  Increasing the number and size of the window openings and balconies would provide a more active frontage.  This could include shading elements to the openings that will also improve the articulation of this elevation. 

 

-     The modulation of the building provides opportunities for cross ventilation.  Additional windows openings could be provided to achieve this. 

 

Further details are required in relation to the landscaping.  In particular, pedestrian access into the building (building A1) from the at grade car parking area located between the two buildings does not appear to be direct.  Fencing details need to also be provided.  

 

Car parking

 

Significant concerns are raised that 17 car parking spaces for 103 residential units and visitors to the building will not be sufficient to cater for the development and will result in the need for on street parking. Additional on site parking should be provided for future occupants and visitors to limit the impacts street parking will have on the area.

 

Footpaths

 

Footpaths within the precinct should be included in the development, these will deliver a public benefit in the future.

 

Shadowing

 

The proposal fails to respond to the shadow impacts on the adjoining 2 storey properties which will be overshadowed by the residential flat building. Whilst the future zoning will allow for higher density on sites in Field Place, these sites may not be development and there consideration must be given to the impacts of solar access on the existing dwellings.

 

Stormwater

 

Consideration is required to be given to the impacts the residential flat building will have on the existing and proposed stormwater systems and the impacts associated with flooding of Sturt Park.

 

Issues for consideration (Moffatts Precinct)

 

The project application has been reviewed by relevant departments of council and the following issues should be given consideration by the Department of Planning in the determination of the project application.

 

Urban Design - Public Domain

 

An area where the design could be refined to further improve the public domain is the eastern and western elevations of the building.  These contain large blank walls and minimal articulation and modulation.  This should be redressed particularly on the eastern side for improved daylight access.  As noted above, public pathways should be provided through this block.   Overlooking of these pathways is critical for pedestrian safety.  In this regard, the eastern and western elevations need careful attention to ensure casual overlooking can be achieved. 

 

Car parking

 

Concerns are raised that 8 car parking spaces for 49 residential units and visitors to the building will not be sufficient to cater for the development and will result in the need for on street parking. Additional on site parking should be provided for future occupants and visitors to limit the impacts street parking will have on the area.

 

Sara Smith

Senior Development Assessment Officer

 

 

Attachments:

1

Previous Council report

 

 

2

Submission to Department of Planning

 

 

 

 

REFERENCE MATERIAL

  


Council (Development)

 12 April 2010

 

 

 

Community and Neighbourhood

 

12 April 2010

 

8.1    Graffiti Action Day


Council (Development)  12 April 2010

Item 8.1

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER         8.1

SUBJECT                   Graffiti Action Day

REFERENCE            F2009/02521 - D01499440

REPORT OF              Community Crime Prevention Officer         

 

PURPOSE:

 

To inform Council of actions undertaken to support Graffiti Action Day on 2 May 2010.

 

 

 

RECOMMENDATION

 

That Council receive and note this report.

 

 

BACKGROUND

 

1.      Council resolved on 14 December 2009 to support the inaugural Graffiti Action Day to be held in New South Wales (NSW) on 2nd May 2010 and sought to engage the Parramatta community, local sporting clubs, residents groups, churches, police and other local groups, in a co-ordinated effort to remove graffiti from our communities.

 

2.      Graffiti Action Day is a day for the community of NSW to focus their attention on graffiti vandalism which costs the NSW economy many hundreds of millions of dollars per year. This event is an initiative of Keep Australia Beautiful (NSW) and aims:

•   To engage the community in the removal of graffiti at a local level
•   To raise awareness of good graffiti removal methods and
•   To support non-government and community run facilities in 
     repairing damage caused by graffiti.

 

3.      Community members are encouraged to help identify key graffiti vandalism sites and/or volunteer to help out on the day.   All sites will have a site coordinator who will brief volunteers on the specific site activities and risks/hazards.  The appropriate personal protection equipment and refreshments will be available at each site and provided to Council free of charge, courtesy of NSW Government, Keep Australia Beautiful and SoSafe Anti-graffiti Products, who are supporting this event.  

 

ISSUES/OPTIONS/CONSEQUENCES

 

4.      Following the Council resolution, Council staff contacted resident groups, Police and community groups including Boy Scouts, PCYC and Girl Guides; business organizations including Guildford Chamber of Commerce and businesses located around Dellwood Street shops in South Granville and Excelsior Street shops in South Granville and Guildford; and organisations including Parramatta Holroyd Multicultural Network and the Wentworthville Social Housing Area Tenants Group.  A number of these organisations and groups have expressed interest in participating in Graffiti Action Day.

 

5.      Additionally, the Lord Mayor wrote to local Federal and State Members of Parliament seeking their support of Graffiti Action Day.   The Lord Mayor also encouraged the Members of Parliament to take action and show support in getting NSW State Government agencies to improve their performance with enforcement of current legislation in regard to graffiti and removal of it from government properties.

 

6.      In February, Council also assisted Keep Australia Beautiful NSW to hold the State-wide launch of Graffiti Action Day at Eric Mobbs Memorial Lookout in Carlingford.

 

7.      In addition to the media release Council made supporting the launch, news of the Graffiti Action Day has been included in the latest Community News.   A further media release is planned for April to encourage local residents to support the event and information will also be included in Council’s regular advertising in the local newspaper.   An article is also being prepared to be submitted for the next edition of Parramatta Business Access, the Parramatta Chamber of Commerce’s magazine.

 

8.      A poster has recently been distributed promoting the event (Attachment A) and the project partner, SoSafe Anti-graffiti Products has written seeking Council’s support in raising local awareness of the event.   More than two hundred letters have since been distributed from the Lord Mayor encouraging local youth groups, schools, churches, chambers of commerce, bushcare groups and park committees to support Graffiti Action Day.  In addition, the Lord Mayor has outlined Council’s broader graffiti management strategies and encouraged a prompt response to all incidents of graffiti vandalism.

 

9.      In February 2010, Council resolved to encourage park committees to paint out graffiti on Council property and investigate Council undertaking graffiti removal work on private property.   Council wrote to all park committees last August offering support with advice, paint and supplies, free of charge, for the removal of graffiti in parks including from the fences that border the parks and reserves.   The most recent letters from the Lord Mayor regarding the Graffiti Action Day have reminded park committees of this offer. 

 

10.    Councillors will also be aware that a project proposal to further expand Council’s graffiti removal activities has been prepared for consideration in the draft budget for 2010/11.  The proposal seeks $100,000 to initiate a trial of a new Council service removing graffiti from private property.  While it is difficult to predict the demand for this type of service, the trial proposes the employment of an additional Graffiti Removal Crew member and associated material costs.   It is proposed to make the service free of charge initially and limit the service to residential properties (excluding properties owned by government agencies).

 

 

CONSULTATION & TIMING

 

11.    Graffiti Action Day will be held on Sunday 2 May 2010.   Community engagement on this issue is ongoing until that date as outlined above.

 

 

FINANCIAL IMPLICATION FOR COUNCIL

 

12.    Graffiti Action Day will have little additional impact on Council finances. The NSW Government in conjunction with Keep Australia Beautiful NSW and SoSafe Anti-graffiti Products will be supplying the personal protection equipment and graffiti removal material at no cost.  Most of the work being conducted to remove graffiti on that day will be by unpaid volunteers although it is anticipated that some paid staff will be required to support activities at particular sites.

 

 

Rob Williams

Community Crime Prevention Officer

 

 

Attachments:

There are no attachments for this report.

 

REFERENCE MATERIAL

 

http://www.kabnsw.org.au/OurPrograms/GraffitiActionDay.aspx

  


Council (Development)

 12 April 2010

 

 

 

Domestic Applications

 

12 April 2010

 

11.1  15 Yimbala Street, Rydalmere
(Lot 5 DP 215699) (Elizabeth Macarthur Ward)

 

 

 

 

11.2  59A Isabella Street, North Parramatta
LOT 22 DP 856857 (Elizabeth Macarthur Ward)

 

 

 

 

11.3  59 Ross Street, North Parramatta
(Lot 1 DP 965118) (Arthur Phillip Ward)

 

 

 

 

11.4  Lot 67 DP 270075 25 Mangalore Drive Winston Hills (Caroline Chisholm)

 

 

 

 

11.5  Lots 231-234, 242-245, 249-253 in DP 752058, Granville Park (Pk 24), 188 Woodville Road & 2 Montrose Avenue, MERRYLANDS, NSW 2160 (Woodville Ward) (Location Map - Attachment 2)

 

 

 

 

11.6  11 Lowe Street, Merrylands (Lot X DP 402254) (Woodville Ward)


Council (Development)  12 April 2010

Item 11.1

DOMESTIC APPLICATION

ITEM NUMBER         11.1

SUBJECT                   15 Yimbala Street, Rydalmere
(Lot 5 DP 215699) (Elizabeth Macarthur Ward)

DESCRIPTION          Alterations and additions to a dwelling house including construction of ground and first floor additions.

REFERENCE            DA/53/2010 - Submitted 2 February 2010

APPLICANT/S           Mr G M Bayeh and Mrs D Bayeh

OWNERS                    Mr G M Bayeh and Mrs D Bayeh

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.

 

EXECUTIVE SUMMARY

 

The application seeks approval for alterations and additions to a dwelling house including construction of  ground and first floor additions. The ground floor additions will comprise a laundry,double garage, rear timber deck and front patio.The first floor additions will comprise 6 bedrooms, ensuite, bathroom and front patio.

 

The proposed additions result in a dwelling that will be partly 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. The non compliance is a technical non compliance due to the definition of a storey under PLEP 2001 which includes any subfloor area greater than 1.2m above ground level as a storey. The non compliance is created as part of the existing dwelling, due to the sloping nature of the subject site has a subfloor area of 1.4metres

 

No submissions were 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 200, 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 additions are considered to be appropriately sited without impacting on the streetscape or adjoining properties.

 

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 53/2010 for alterations and additions to a dwelling house including ground and first floor additions at 15 Yimbala Street Rydalmere be approved subject to the conditions of consent in Attachment 1 of this report.

 

 

 

Attachments:

1View

Section 79c Report

30 Pages

 

2View

Plans including shadow diagrams

4 Pages

 

3View

Location Map

1 Page

 

4

Confidential Plans

3 Pages

 

 

 

REFERENCE MATERIAL

 


Council (Development)  12 April 2010

Item 11.2

DOMESTIC APPLICATION

ITEM NUMBER         11.2

SUBJECT                   59A Isabella Street, North Parramatta
LOT 22 DP 856857 (Elizabeth Macarthur Ward)

DESCRIPTION          Demolition and construction of a single storey dwelling.

REFERENCE            DA/758/2009 - Submitted 2nd November 2009

APPLICANT/S           Eden Brae Projects

OWNERS                    Mr D F Nheu & Ms Y Nheu

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’ in Parramatta Local Environmental Plan 2001.

 

EXECUTIVE SUMMARY

 

The application seeks approval for demolition, tree removal and the construction of a single 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 394.71 m².  This represents a 41% variation to clause 38 that requires dwelling houses to be constructed on land that has a minimum site area of 670m2 where the lot is a battleaxe allotment. 

 

The variation to the minimum allotment size is considered appropriate in this particular case as the allotment of land is in existence and is an approved subdivision, authorised by Council in 1996. 

 

Due to the allotment size there are other numerical non-compliances with the Parramatta DCP 2005 in regards to the provision of deep soil zone, landscaped area and car parking. These non-compliances can be supported as the objectives of the Parramatta DCP 2005 are satisfactorily achieved with respect to design, minimal impact on privacy and amenity and provision of vegetation to contribute towards biodiversity.

 

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 of the PLEP 2001 under the provisions of SEPP 1.

 

 

(b)       Further, that Development Application No: 758/2009 for demolition, tree removal and construction of single storey dwelling at 59A Isabella Street, North Parramatta be approved subject to the conditions of consent in Attachment 1.

 

 

Michael Tully

 

Development Assessment Officer

 

Attachments:

1View

Section 79C Report

38 Pages

 

2View

Location map

1 Page

 

3View

Plans

7 Pages

 

4

Confidential Plans

2 Pages

 

 

 

REFERENCE MATERIAL

 


Council (Development)  12 April 2010

Item 11.3

DOMESTIC APPLICATION

ITEM NUMBER         11.3

SUBJECT                   59 Ross Street, North Parramatta
(Lot 1 DP 965118) (Arthur Phillip Ward)

DESCRIPTION          Demolition of garage and erection of a granny flat and attached carport

REFERENCE            DA/740/2009 - 26 October 2009

APPLICANT/S           Byron Stanley Joseph Fernando

OWNERS                    Byron Stanley Joseph Fernando and Saara Hannele Fernando

REPORT OF              Manager Development Services       

 

 

REASON FOR REFERRAL TO COUNCIL

 

An owner of the subject site is a Council employee.  The application has been assessed by an independent planning consultant.

 

EXECUTIVE SUMMARY

 

DA 740/2009 seeks approval for the demolition of an existing garage and erection of a granny flat, with an attached carport at the rear of the site. The proposed carport is in stacked arrangement and access to it is via an existing 3.2m wide driveway to the rear of the site. Given the stacked arrangement, the front car would need to be moved prior to the use of the rear car.

 

The site is zoned Residential 2(b) under the provisions of LEP 2001 and the development constitutes a granny flat (having an area not exceeding 60m2) and is permissible with consent. The site contains an item of local heritage significance and the works have been assessed as not resulting in any unacceptable impact upon the item, which is the dwelling on the site. The proposed development is consistent with the requirements of LEP 2001, but results in breaches of the height, private open space, deep soil area and landscaped area controls contained within DCP 2005. The deletion of the proposed carport and driveway thereto (from the end of the existing house) would ensure compliance with the landscaped area control. It is noted that up to 3 cars could still be parked on the site in a stacked formation within the existing driveway. Whilst the deep soil area would still not be complied with, the breach is small and is compensated for by the 3.7m wide landscaped area that would be provided in the location of the proposed driveway. This space together with the 4m wide strip between the granny flat and the rear boundary would also compensate for the minor breach of the open space control. Finally, the breach of the height control is minor and is of no consequence and as such is supported.

 

One submission was received objecting to the proposal. The objector raised concerns about shadow impacts to their rear yard and clothes drying area and loss of privacy to the rear yard. The amended proposal provides a greater setback from the objector’s property and this combined with the deletion of the carport will ensure there is no additional shadowing of the objector’s property.

 


As the granny flat is single storey, no visual privacy impacts will occur to the objector’s property. Any acoustic privacy impacts would be residential in nature and are not likely to significantly affect the amenity of the objector’s property.

 

Therefore, an assessment of the application shows that whilst there are a number of numerical breaches of the controls, subject to the deletion of the carport, the intent of the controls will be achieved.

 

Accordingly, the application is recommended for approval.

 

 

 

RECOMMENDATION

 

(a)     That Council as the consent authority, grant development consent to        Development Application No. DA/740/2009 for the demolition of a garage and   erection of a granny flat at 59 Ross Street, North Parramatta, as shown on     the approved plans, subject to the recommended conditions.

 

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

 

 

Danielle Woods

Team Leader – Development and Certification

 

 

 

Attachments:

1View

Section 79C Report

18 Pages

 

2View

Location Map

1 Page

 

3View

Plans

4 Pages

 

4

Confidential plan

1 Page

 

 

 

REFERENCE MATERIAL

 


Council (Development)  12 April 2010

Item 11.4

DOMESTIC APPLICATION

ITEM NUMBER         11.4

SUBJECT                   Lot 67 DP 270075 25 Mangalore Drive Winston Hills (Caroline Chisholm)

DESCRIPTION          Construction of a two storey dwelling.

REFERENCE            DA/902/2009 - 22 December 2009

APPLICANT/S           CSB PTY LTD

OWNERS                    Ms J Hanna and Ms Y N Nath

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’ and Clause 40 ‘Floor Space Ratios for Development’ in Parramatta Local Environmental Plan 2001.

 

EXECUTIVE SUMMARY

 

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

 

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 308.5m2.  This represents a 44% variation to Clause 38 of LEP 2001 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 0.64:1 which represents a 22% 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 the Land and Environment Court in August 1998.  The consent issued in 1998 granted approval for 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 previously (but never constructed) under DA/90/2005 on the subject site was 0.6:1.

 

The variation to the minimum allotment size and frontage width is considered appropriate in this particular case as the allotment of land is in existence and was consented to by the Court 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 the dwelling 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. 902/2009 for the construction of a two storey dwelling on land at 25 Mangalore Drive, Winston Hills be approved subject to conditions of consent in Attachment 1 of this report.

 

 

 

Attachments:

1View

Section 79c report

33 Pages

 

2View

Plans and Elevations

8 Pages

 

3View

Locality Map

1 Page

 

4

Confidential Plans

1 Page

 

 

 

REFERENCE MATERIAL

 


Council (Development)  12 April 2010

Item 11.5

DOMESTIC APPLICATION

ITEM NUMBER         11.5

SUBJECT                   Lots 231-234, 242-245, 249-253 in DP 752058, Granville Park (Pk 24), 188 Woodville Road & 2 Montrose Avenue, MERRYLANDS, NSW 2160 (Woodville Ward) (Location Map - Attachment 2)

DESCRIPTION          Temporary use for a circus

REFERENCE            DA/81/2010 - 12 February 2010

APPLICANT/S           Webers Pty Ltd

OWNERS                    Department of Lands in Parramatta City Council's care, control and management

REPORT OF              Manager Development Services       

 

 

REASON FOR REFERRAL TO COUNCIL

 

The subject site is under Council’s care, control and management.  An independent planning consultant has been engaged to carry out the assessment of the application.

 

EXECUTIVE SUMMARY

 

The application seeks approval for the use of Granville Park by Webers Circus from 7 June 2010 to 27 June 2010, inclusive. The use will involve the erection of a circus “big top” tent, having a height of 13.9m to its peaks and a diameter of 32m, roughly in the centre of the park. In front of the tent (between the tent and Woodville Road) is to be the public tickets office/first aid area and foyer, with the toilets (4 portable) located off to the side. The big top is to be surrounded on the Woodville Road, Merrylands Road and Claremont Street sides by the caravans and vehicles of the circus performers (10 caravans, 8 trucks and 5 cars). The horse tent is to be placed on the Montrose Avenue side of the big top. Bin storage is to be provided to the south of the corner of the internal road of the park accessing from Merrylands Road. The plan shows that circus parking is to be provided within the level grassed area of the park between the circus and Merrylands Road, adjacent to McDonalds, and is to be accessed via the internal road from Merrylands Road.  The circus performances have a 2 hour duration and it is intended to have one performance between the hours of 6.30pm and 8.30pm on Thursdays and Fridays, two performances on Saturdays, between 4pm and 6pm and between 7.30pm and 9.30pm and two performances on Sundays, between 11am and 1pm and between 3pm and 5pm. The animals involved in the circus include horses and dogs.

 

The site is part zoned 6A Public Open Space, part zoned 9A Open Space (Proposed) and part unzoned under the provisions of LEP 2001. The use of a circus does not fit into any of the defined purposes that are permissible within either the 6A or 9A zones, though the provisions of clause 50 allow approval of any use on a temporary basis and as such, subject to satisfying the provisions of clause 50, the use is permissible with consent. The proposed circus satisfies the criteria for temporary uses under clause 50.

 

The proposed use is consistent with the requirements of State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment), LEP 2001 and DCP 2005.

 

No submissions were received during the notification period.

Conditions of consent have been recommended to minimise noise, traffic and parking impacts upon the amenity of the area and to ensure the safety of patrons and park users.

 

Accordingly, the application is recommended for approval.

 

RECOMMENDATION

 

That Council as the consent authority, grant development consent to       Development Application No. DA/81/2010 for the temporary use of    Granville Park for a circus at 188 Woodville Road and 2 Montrose           Avenue, Merrylands, as shown on the approved plans, subject to the conditions contained within attachment 1 of this report.

 

 

Kerry Gordon

Independent Planning Consultant

 

Attachments:

1View

S79c Report

16 Pages

 

2View

Locality map

1 Page

 

3View

Plans and supporting documentation

5 Pages

 

4View

Photographs

1 Page

 

 

 

REFERENCE MATERIAL

 


Council (Development)  12 April 2010

Item 11.6

DOMESTIC APPLICATION

ITEM NUMBER         11.6

SUBJECT                   11 Lowe Street, Merrylands (Lot X DP 402254) (Woodville Ward)

DESCRIPTION          Change of use to a medical centre (Psychology & counselling practice) with associated signage.

REFERENCE            DA/846/2009 - 2 December 2009

APPLICANT/S           Ms C Hirst

OWNERS                    CPM Developments Pty Ltd

REPORT OF              Manager Development Services       

 

 

REASON FOR REFERRAL TO COUNCIL

 

The development application is referred to Council for determination as one petition with 12 signatures objecting to the proposal was received.

 

EXECUTIVE SUMMARY

 

DA/846/2009 seeks approval to use the existing premises as a medical centre specialising in Psychology and Counselling. The proposed hours of operation are 9am to 6pm Monday, Wednesday and Friday, 9am to 9pm Tuesday, Thursday and (occasionally) 9am to 5pm Saturday. The practice will operate by appointment only with 1 full-time and 3 part-time staff being employed at the premises.

 

One petition was received with 12 signatures objecting to the proposal. The petitioners raised concerns regarding on-street parking along Lowe Street and Patten Avenue; and whether the clientele attending the Psychology practice would pose a threat to the residential amenity of the area regarding the safety of residents. 

 

The application has also been reviewed by Council’s Traffic and Transport Engineer and Community Crime Officer who both raise no objection to the proposal subject to conditions of consent.

 

The use of the property as a medical centre is permitted with consent and there will not be any adverse impacts to the adjoining locality or properties arising from the use. Accordingly, the application is recommended for approval.

 

 

RECOMMENDATION

 

(a)        That Council as the consent authority grant development consent to Development Application No. DA/846/2009 for use of the existing premises as a medical centre (Psychology and counselling practice) with associated signage at 11 Lowe Street, Merrylands for a period of three (3) years from the date on the Notice of Determination subject to conditions of consent outlined in Attachment No.1 of this report.

 

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

 

 

Lina Dababneh

Development Assessment Officer

 

 

Attachments:

1View

s79c Assessment Report

20 Pages

 

2View

Locality Map

1 Page

 

3View

Plans and elevations

2 Pages

 

4View

Applicant's response to petition

1 Page

 

 

 

REFERENCE MATERIAL

  


Council (Development)

 12 April 2010

 

 

 

Major Applications

 

12 April 2010

 

12.1  36 Charles Street, Parramatta (Port Bar) (Lot 1 in DP869828) (Arthur Phillip Ward)

 

 

 

 

12.2  Section 82A Review of Determination - 91 Blaxcell Street, Granville (Lot 1 DP 128854) (Woodville Ward)

 

 

 

 

12.3  2/34 Waratah Street Melrose Park (Lot 2 SP 33610) (Lachlan Macquarie ward)

 

 

 

 

12.4  8 Brodie Street Rydalmere (Lot 164 DP 14244) (Elizabeth Macarthur Ward)

 

 

 

 

12.5  281 Guildford Road, Guildford (Lots B & C DP 103330) (Woodville Ward)


Council (Development)  12 April 2010

Item 12.1

MAJOR APPLICATION

ITEM NUMBER         12.1

SUBJECT                   36 Charles Street, Parramatta (Port Bar) (Lot 1 in DP869828) (Arthur Phillip Ward)

DESCRIPTION          Section 96(1A) application to an approved viewing platform, outdoor eating cafeteria and amenities. Consent is sought to delete Condition 18 (relating to public access to the toilets) of the consent issued on 13th September, 1995.

REFERENCE            DA/559/1995/B - Submitted 4 February 2010

APPLICANT/S           Micorp Property

OWNERS                    T.N.T Issa Investment Group Pty Ltd

REPORT OF              Manager Development Services       

 

 

REASON FOR REFERRAL TO COUNCIL

 

The proposal is referred to Council as the proposed deletion of Condition 18 relates to an issue where there was some degree of public interest when it was initially imposed.

 

EXECUTIVE SUMMARY

 

On 10th October, 1994, Council entered into an Agreement with Stirrup Pty Ltd (the previous owner of the site) to transfer Stirrup land at the corner of Phillip and Charles Streets “to enable the company to construct upon the land an outdoor eating area and toilet facilities” adjacent to 36 Charles Street. The Agreement required a Positive Covenant to be imposed on the company to maintain the outdoor eating area and toilet facilities for public use to a suitable standard and to operate the outdoor area and toilet facilities during the hours 7:00am to 7:00pm.

 

Neither the land’s title nor any Positive Covenant associated with the property includes any requirement for the owner of the land to provide public toilets on the site. The requirement for the toilets to be provided for public use between the hours of 7:00am and 7:00pm was subsequently imposed as a condition of consent to DA/559/1995 at a time when Parramatta City Council was both the owner of the land and applicant for the development application. This is no longer the case and the subject site, including the toilet facilities, are in private ownership.

 

The current Section 96 application DA/559/1995/B seeks approval to delete Condition 18 of the consent issued on 13th September, 1995. DA/559/1995 involved a viewing platform, kiosk (bar, kitchen & seating area) and amenities building. No conditions limiting trading hours were imposed in this consent.

 

Condition 18 of the consent (which is the primary subject of this application) states:

 

“Public access to the toilets to be provided from 7am to 7pm, 7 days per week.

Reason: To reasonably provide for the needs of users of the Charles Street wharf foreshores area.”

 

A submission has been received from Sydney Ferries objecting to the deletion of the condition.

 

It is noted that Council’s Strategic Asset Management and Open Space Management Units both oppose the deletion of Condition 18 for the reasons that there is demand for public toilets in this area, especially having regard to the proximity to Parramatta Wharf.

 

However, from a town planning point of view, continued imposition of this condition on a private land owner in a development consent places an unreasonable burden and legal responsibility onto the private land owner for the following reasons:

 

·    all Sydney ferries operating to and from the wharf provide toilet facilities on board;

·    the requirement for the owner of private land to provide public toilet facilities is considered to be unreasonably onerous;

·    public toilet facilities are provided within the Parramatta Heritage and Visitor Information Centre, approximately 500 metres to the west of the wharf (available 9:00am to 5:00pm, Mondays to Sundays, 10:00am to 4:00pm public holidays and closed on Christmas Day and Good Friday);

·    there is no other known public wharf in Sydney Harbour that has public toilets provided by private land holders; and

·    Condition 18 was imposed at a time when Council was the owner of the land.

 

Under the circumstances, it is recommended that Condition 18 be deleted.

 

 

RECOMMENDATION

 

(a)       That Condition 18 of Development Consent No. 559/1995 be deleted.

(b)       That Sydney Ferries be advised in writing of Council’s decision.

 

 

 

 

 

Alan Middlemiss

Senior Development Assessment Officer

 

 

Attachments:

1View

Section 96 report

10 Pages

 

2View

'Walk Parramatta' Locality Map

1 Page

 

3View

Notice of Determination DA/559/1995

5 Pages

 

 

 

 


Council (Development)  12 April 2010

Item 12.2

MAJOR APPLICATION

ITEM NUMBER         12.2

SUBJECT                   Section 82A Review of Determination - 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 subdivision.

REFERENCE            DA/532/2009 - S82A Application

APPLICANT/S           B Habib

OWNERS                    B Habib

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 of DA/523/2009.

 

EXECUTIVE SUMMARY

 

1.      This Section 82A Review application seeks Councils reconsideration of its refusal to grant consent for the demolition of a fire damaged heritage listed dwelling and construction of a 2 storey attached dual occupancy development with Torrens title subdivision. The initial development application was refused on 7 December 2009 at Council’s Regulatory Meeting for the following reason:

 

(a)     The application is refused due to the overshadowing that will result for the premises at 93 Blaxcell Street, Granville.

 

2.      As part of the Section 82A Review submission, amendments to the proposal include a reduction of the setback of Unit B from the rear boundary from 10.85 metres to 9.375 metres. The first floor of Unit B has also been set back further from the southern side boundary from 1.935 metres to a minimum of 4 metres which results in improved solar access for the dwelling at 93 Blaxcell Street. The amendments to the design ensure that the adjoining development at 93 Blaxcell Street, Granville will receive more than 3 hours of solar access from 12 noon onwards; therefore complying with Council’s planning requirements.

 

3.   Two submissions have been received in response to this application. The submissions raised concerns regarding privacy and overshadowing. The amendments made to the proposal satisfactorily address issues of privacy and solar access.

 

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

 

(a)       That Council change its previous determination and approve Development Application 532/2009 for the demolition of a fire damaged heritage listed dwelling and construction of a 2 storey attached dual occupancy development with Torrens title subdivision at 91 Blaxcell Street, Granville 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

40 Pages

 

2View

Locality Plan

1 Page

 

3View

Plans

5 Pages

 

4View

Council Report and Previous S79C

39 Pages

 

5

Applicant's Section 82A Review Submission

35 Pages

 

6

Confidential Plans

4 Pages

 

 

 

REFERENCE MATERIAL

 


Council (Development)  12 April 2010

Item 12.3

MAJOR APPLICATION

ITEM NUMBER         12.3

SUBJECT                   2/34 Waratah Street Melrose Park (Lot 2 SP 33610) (Lachlan Macquarie ward)

DESCRIPTION          Occupation and fitout for the purposes of a mortuary.

REFERENCE            DA/909/2009 - Submitted 23 December 2009

APPLICANT/S           Zaly Pty Ltd (TJ Andrews Funeral Services)

OWNERS                    Mr G Moses

REPORT OF              Manager Development Services       

 

 

REASON FOR REFERRAL TO COUNCIL

 

Number of submissions.

 

EXECUTIVE SUMMARY

 

The application seeks approval for the occupation and fitout of a vacant industrial/warehouse building for the purposes of a mortuary. The mortuary would have a staff of 7 people, 16 car spaces, and core hours of operation of 8am to 5pm Monday to Friday.

 

Nine submissions and a petition with 7 signatures were received in response to the notification of the application. The concerns raised in the submissions include the impact on students attending Melrose Park Public School and residents living in Wharf Road and Lancaster Avenue.

 

The use of the site as a mortuary is permissible within the industrial zone, whilst it is understandable that some people may have personal issues with a mortuary these personal views and concerns should not be used to restrict development that is permissible under the town planning regime.  There is no evidence to support the notion that the use would have a significant impact on students attending Melrose Park Public School as students are unlikely to be aware that the premises is a mortuary and all hearses will access the premises from Hope Street.

 

The application is for a discreet use that would have minimal impact on the area by way of additional traffic or noise impact. Accordingly approval of the application is recommended subject to the conditions of consent in Attachment 1.

 

 

RECOMMENDATION

 

(a)       That Council as the consent authority grant development Consent to Development Application No. 909/2009 for the occupation and fitout for the purposes of a mortuary of the premises at 2/34 Waratah Street Melrose Park (Lot 2 DP 33610) for a period of three (3) years from the date of determination subject to the conditions of consent in Attachment 1.

 

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

 

 

 

Jonathan Goodwill

Senior Development Assessment Officer

 

 

Attachments:

1View

Section 79C Assessment Report

18 Pages

 

2View

Plans and Elevations

3 Pages

 

3View

Locality Map

1 Page

 

 

 

 


Council (Development)  12 April 2010

Item 12.4

MAJOR APPLICATION

ITEM NUMBER         12.4

SUBJECT                   8 Brodie Street Rydalmere (Lot 164 DP 14244) (Elizabeth Macarthur Ward)

DESCRIPTION          Change of use and fitout for the purposes of a brothel with 6 client service rooms and 6 sex workers.

REFERENCE            DA/680/2009 - Submitted 2 October 2009

APPLICANT/S           JND Architectural Services

OWNERS                    Balzan Group Pty Ltd & NA Merchant Pty Ltd

REPORT OF              Manager Development Services       

 

 

REASON FOR REFERRAL TO COUNCIL

 

The application relates to a brothel.

 

EXECUTIVE SUMMARY

 

This application seeks approval for the change of use and fitout of a vacant two storey building for use as a brothel with 6 client service rooms and 6 sex workers.

 

Thirty-five submissions and a petition with 14 signatures have been received objecting to the DA.

 

Note: A class 1 ‘deemed refusal’ appeal has not been made to the Land and Environment Court at this point in time.

 

Council’s Community Crime Prevention Officer has also reviewed the application and recommended against approval of the application due to the proximity of the site to other approved brothels and sex industry premises.

 

Although brothels are a permissible land use within the Trade and Industry Support zone with Council consent, the application fails to achieve compliance with Council’s DCP for Sex Services and Restricted Premises. In particular the proposal is located within 75m of the approved brothel at No. 22 Brodie Street and therefore the application fails to comply with the requirement that brothels be located no less than 100m from existing brothels. Concern is also raised that the development would have a negative economic impact on the mechanical workshop located at No. 6 Brodie Street.

 

Accordingly DA/680/2009 is recommended for refusal, for the reasons outlined below.

 

 

RECOMMENDATION

 

(a)     That Council as the consent authority refuse Development Application No.      680/2009 which seeks approval for a brothel at 8 Brodie Street Rydalmere for the following reasons:

 

1.   The development is inconsistent with the objectives of the Trade and Industry Support zone as the development fails to comply with the requirement that proposed brothels be situated at least 100m away from existing brothels. Allowing the clustering of sex industry premises or facilitating the potential for the future clustering of sex industry premises within the Trade and Industry Support zone would not be consistent with the zone objectives.

 

2.   The development fails to satisfy the requirements of Clause 79 – ‘Brothels’ of Sydney Regional Environmental Plan No. 28 as the brothel will have a negative economic impact on the adjoining mechanical workshop.

 

3.   The development is contrary to the desired future character of the area as set out by the requirements of Clause 40U – ‘The Rydalmere Station and Environs Special Area’ of Sydney Regional Environmental Plan No. 28.

 

4.   The development fails to comply with the requirements of Council’s DCP for Sex Services and Restricted Premises as the site is located less than 100m from the approved brothel at No. 22 Brodie Street.

 

5.   The development is contrary to the public interest and would set a negative precedent as if fails to satisfy the requirements of Council’s DCP for Sex Services and Restricted Premises.

 

6.   The development is contrary to the requirements of Part 6.2 ‘Sex Services provisions’ of the Draft Parramatta Local Environmental Plan 2010 as the site of the brothel is within 20m of a recreation area.

 

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

 

 

 

Jonathan Goodwill

Senior Development Assessment Officer

 

 

Attachments:

1View

Section 79C Assessment Report

37 Pages

 

2View

Plans and Elevations

4 Pages

 

3View

Locality Map

1 Page

 

4View

Map showing other Sex Services and Restricted Premises in the area

1 Page

 

 

 

 


Council (Development)  12 April 2010

Item 12.5

MAJOR APPLICATION

ITEM NUMBER         12.5

SUBJECT                   281 Guildford Road, Guildford (Lots B & C DP 103330) (Woodville Ward)

DESCRIPTION          Change of use and fitout for the purposes of a Tattoo and Body Piercing Studio.

REFERENCE            DA/880/2009 - Submitted 17 December 2009

APPLICANT/S           Mr R Elkrinna

OWNERS                    Mrs A Malamas

REPORT OF              Manager Development Services       

 

 

REASON FOR REFERRAL TO COUNCIL

 

The application is for a Tattoo and Body Piercing Studio

 

EXECUTIVE SUMMARY

 

The application seeks approval for the use and fitout of a vacant shop for the purposes of a Tattoo and Body Piercing Studio. The applicant is seeking approval for hours of operation of 9am to 10pm daily. The business would provide employment for a maximum of 4 people.

 

The notification of the application generated 4 submissions which raised issues regarding excessive hours of operation, vandalism, impact on children and that the use would attract ‘undesirables’ to the area.

 

The application has been reviewed by Council’s Community Crime Prevention Officer who has recommended approval of the application subject to a 12 month trial period.

 

The application seeks approval for a permissible use that is consistent with the objectives of the zone. For the reasons outlined in the assessment report approval of the application is recommended subject to conditions of consent and subject to a 12 month trial period.

 

 

 

 

RECOMMENDATION

 

(a)     That Council as the consent authority grant development consent to        Development Application No. 880 for, ‘Change of use and fitout for the       purposes of a Tattoo and Body Piercing Studio’ on land at 281 Guildford Road,           Guildford with a lapsing period of three (3) years from the date on the Notice of           Determination subject to the conditions contained within Attachment 1.

 

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

 

 

 

 

Jonathan Goodwill

Senior Development Assessment Officer

 

 

Attachments:

1View

Section 79C Assessment Report

19 Pages

 

2View

Plans and Elevation

6 Pages

 

3View

Locality Map

1 Page

 

 

 

  


Council (Development)

 12 April 2010

 

 

 

Notices of Motion

 

12 April 2010

 

13.1  Smoking Ban

 

 

 

 

13.2  US Flag Raising Ceremony


Council (Development)  12 April 2010

Item 13.1

NOTICE OF MOTION

ITEM NUMBER         13.1

SUBJECT                   Smoking Ban

REFERENCE            F2004/09820 - D01493449

REPORT OF              Councillor M D McDermott       

 

To be Moved by Councillor M D McDermott

 

(a) That Parramatta City Council takes the necessary actions to implement a smoking ban in all outdoor dining areas, Children’s play grounds, Sports fields, pools and sporting facilities, within the Parramatta LGA from 1st of November 2010.

(b) Further that Council staff prepare a report outlining:-

1. An appropriate strategy for the implementation of this policy and ban by 1st of November 2010;

2. The cost implications of the implementation of this policy;

3. The Community health benefits of the implementation of such a ban;

4. How Parramatta can adhere to the recommendations of the Australian Heart Foundation and the Australian Cancer council to implement a best practice Policy and ban;

5. A strategy to ban smoking around all council buildings and facilities;

6. Any other relevant factors to achieve a best practice and effective smoking ban by 1st November 2010.

         

 

 

BACKGROUND

 

Smoking is the largest single preventable cause of death in Australia, killing almost 15,000 Australians a year. There is substantial evidence linking exposure to

second-hand smoke with a range of serious and life threatening health impacts including heart disease, cancer, asthma and other respiratory problems.

Children exposed to second-hand smoke are at an increased risk of asthma, sudden infant death syndrome (SIDS), acute respiratory infections and ear problems.

As a progressive and modern city Parramatta is lagging behind other councils and cities and should implement a smoking ban to protect our residents, workers, visitors & children from the dangers of smoking, passive smoking and nicotine addiction.

 

 

Smoking is the largest single preventable cause of death in Australia, killing almost 15,000 Australians a year. There is substantial evidence linking exposure to

second-hand smoke with a range of serious and life threatening health impacts including heart disease, cancer, asthma and other respiratory problems.

Children exposed to second-hand smoke are at an increased risk of asthma, sudden infant death syndrome (SIDS), acute respiratory infections and ear problems.

As a progressive and modern city Parramatta is lagging behind other councils and cities and should implement a smoking ban to protect our residents, workers, visitors & children from the dangers of smoking, passive smoking and nicotine addiction.


 

 

 

Attachments:

There are no attachments for this report.

 


Council (Development)  12 April 2010

Item 13.2

NOTICE OF MOTION

ITEM NUMBER         13.2

SUBJECT                   US Flag Raising Ceremony

REFERENCE            F2004/06854 - D01498323

REPORT OF              Councillor A A Wilson       

 

To be Moved by Councillor A A Wilson:-

 

(a)     That PCC look to, in association with the US consulate in Sydney, to conduct a       US flag raising ceremony on the US National Day on July 4th.

 

b)      Further, that this ceremony be in the same manner as the PCC ceremony for         the Vietnamese national day.

 

 

 

Attachments:

There are no attachments for this report.