Agenda of Council - 28 June 2010

Council 28 June 2010

Item 9.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.2

SUBJECT Illegal Dumping Strategy

REFERENCE F2004/06456 - D01569531

REPORT OF Manager. Regulatory Services

PURPOSE:

This Report was deferred from the Council Meeting held 15 June 2010. A memorandum will be circulated under separate cover with further information.

For Council to consider the adoption of the draft illegal dumping strategy and new preventative measures pertaining to illegal dumping.

RECOMMENDATION

(a) That Council adopt the draft illegal dumping strategy and new measures for public exhibition;

(b) That Council becomes a member of the Regional Illegal Dumping squad and that the CEO be authorised to take the necessary action to give effect to this membership;

(d) Further, that consideration be given in the next budget for funding to meet Council’s obligations in regard to enforcement education material and signage.

BACKGROUND

1. Council at its meeting of 7 December 2009 resolved that Council review its current policy pertaining to illegal dumping and adopt new measures.

These measures were to include:

a) Inclusion of hotline to notify Council of illegal acts.

b) Have in place a “DOB in a Dumper” program with a reward of $1000 for advice leading to a conviction of a person or persons guilty of littering or dumping.

c) A covert operation and camera system for hotspots.

d) Doubling of relevant fines.

e) A Council run community pride day in the middle of the year involving community groups, local residents and local schools with active engagement from local schools and community safety officers.

f) Council arrange a workshop to discuss this issue, prior to holding the workshop, council officers researched other City’s policies.

g) Council write to, principals and property managers of real estate agents in Parramatta to seek their co-operation in ensuring that tenants are fully responsible for any unwanted furniture and rubbish generated by their tenancies and arising from the termination of tenancies.

h) Council prepare a submission to the present review of tenancy laws being conducted nationally by Commonwealth government with the view to strengthening the obligation of tenants in relation to removal of their rubbish and disused furniture arising from their tenancies as outlined in the body of the resolution.

A draft Illegal Dumping Strategy has been prepared and was presented to Councillors at a workshop on 31 March 2010. This draft strategy is attached.

ISSUES/OPTIONS/CONSEQUENCES

2. Council’s response has been in the past to remove illegally dumped waste and this approach has been inconsistent and spasmodic across the local government area. The consequence of Council removing illegally dumped waste was to reinforce the view that if rubbish is dumped someone else will clean it up (i.e. Council).

3. A more effective enforcement regime is required to create community awareness that there are consequences associated with dumping rubbish. The draft Illegal Dumping Strategy has been developed outlining the approach to a more effective enforcement regime. This strategy includes the identification of waste with high visible tape, stickers, and using the provision of the POEO Act making property owners, including strata managing agents, responsible for waste generated from their premises.

4. During the illegal dumping strategy trial period (February to April) Council has investigated 223 complaints, issued 20 clean up notices, 45% of these have been removed by the property owners with an average turn around time of 4 – 5 days. There has also been a reduction of 20 tonnes in waste removed from our streets with an estimated saving of $100,000.00 over the last financial quarter.

5. A hotline number “1800 DUMPED” has been established. It advertises a number for people to call and report illegal dumping and it has been uploaded on to Council’s website with the inclusion of a reward scheme. Further development is underway of Council web site for the inclusion of statistics gathered on illegal dumping together with a “name and shame” file to highlight illegal dumpers and successful prosecutions.

6. The Council’s resolution also called for the fines to be increased. The fines are set by the State Government and can only be addressed by lobbying the State Government for a review of fines.

7. A Community Pride day has been investigated and there are a number of existing programs that are run across the LGA such as Clean Up Australia Day. It is proposed that separate community pride days be run across the local government area as discussed further in the report.

8. Council has met with the Regional Illegal Dumping Squad (RID). Councils surrounding Parramatta are members of the RID Squad with the exception of Blacktown Council who were a member and are currently seeking new membership. Subsequently Council sought membership to the RID Squad organisation which has been approved. Anticipated commencement of membership is June 2010. The RID Squad provides additional resources to carry out a number of surveillance and enforcement activities together with education campaigns which are consistent with Council’s illegal dumping strategy and will enhance and compliment Council’s objectives to reduce illegal dumping in the Parramatta LGA.

9. The RID Squad also has the capacity to undertake covert operations which may also assist in known illegal dumping hotspots. The enforcement regime needs to be supported by an education and information program, including stickers, illegal dumping signs, managing agent kits and video surveillance cameras.

10. The installation of illegal dumping signs with the use of surveillance cameras and covert operations will assist the enforcement program to reduce illegal dumping incidents in known hotspots.

11. Partnerships with other government agencies regarding the dumping of rubbish outside Dept of Defence and Dept of Housing properties create particular challenges for Council’s enforcement capabilities as we are not able to issue clean up notices and infringement notices to State and Federal Government bodies.

12. Council has met with representatives from the DoH and they have agreed to create a closer working partnership. This includes the provisions of a waste kit that will be provided to each tenant of DoH that includes details of waste management, illegal dumping and Council clean up service dates. The kit will also be made available on Council’s web site for strata managers, owners and tenants of privately owned premises.

13. Council has sent two separate mail outs to 2,057 strata managing agents advising them of Council process for enforcing illegal dumping. An information pack has also been prepared and is available on Council’s web site for them to provide to their tenants.

14. As part of the illegal dumping strategy Council’s Community Safety Officers are in regular contact with the major property managers who are assisting Council in reducing and managing the illegal dumping problem. One strategy has been to place small items back within the allocated bin bays advising the strata managers to have the waste removed which is generally being removed within 48 hours.

15. Shopping trolleys also contribute to illegal dumping and the visual impact of our streets. Council has sent letters to all major retailers and shopping centres advising them that Council may treat shopping trolleys as waste where they are not removed or are used as waste containers in public streets and parks. “Trolley Trackers” have approached Council with a revised program which Council can contact by phone or email, and they have agreed to collect trolleys within 24 hours. Other trolleys identified and not collected may then be collected by Council as waste for recycling.

16. The Council’s resolution also called for a submission to the review of the tenancy laws which has been done.

17. It has been identified that University students may be contributing to illegal dumping due to the transient type nature of some students in adjoining residential suburbs. Council will be meeting with the University to promote Council’s illegal dumping strategy in conjunction with our waste education program.

FINANCIAL IMPLICATION FOR COUNCIL

18. The cost to join the RID Squad is $60,000 per annum. Council will benefit from the offset of regulatory enforcement activities and financially from reduced waste disposal fees from domestic waste that has been illegally dumped. It is estimated that over the last quarter Council saved $100,000 in collection and tipping fees in relation to Council implementing the illegal dumping strategy, on a trial basis.

19. As part of the overall monitoring program and identifying illegally dumped rubbish with enforcement tape and stickers and education packs, the current budgets for producing this material has been exhausted. New signs are required for hot spot areas for video surveillance at an estimated cost of $10,000.

20. Community pride days are proposed based on a previous campaign ‘Neighbourhood Blitz’ conducted in South Parramatta. The associated costs for the event was $12,000 with staff volunteering their time. It is proposed to conduct two similar campaigns to gauge the support by the community. The campaigns can be co-ordinated to commence with Parramatta’s spring clean up periods.

21. It is recommended that the draft strategy be placed on public exhibition for 28 days.

Laurie Whitehead

Manager Regulatory Services

Attachments:

1View

Draft Illegal Dumping Strategy

20 Pages

REFERENCE MATERIAL

Council 28 June 2010

Item 9.4

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.4

SUBJECT Parramatta City Centre Parking Standards

REFERENCE F2009/01706 - D01561723

REPORT OF Senior Project Officer

PURPOSE:

This report seeks confirmation of Council’s current policy of applying car parking standards for development in the city centre as maximum rates and to reflect this policy in an amendment to the City Centre Local Environmental Plan (LEP).

RECOMMENDATION

(a) That Council reinforce its policy position, adopted 17 December 2007, of specifying that the number of car spaces required per m2 of FSR (parking rates standards) is the maximum allowable to remove uncertainty in the interpretation of the City Centre Local Environmental Plan.

(b) That a Planning Proposal be prepared to re-initiate an amendment to the Parramatta City Centre LEP 2007, proposing the parking rates as maximums and this be forwarded to the Department of Planning for “Gateway Determination” under Section 56 of the Environmental Planning & Assessment Act.

BACKGROUND

1. In June 2009, Council resolved to prepare a draft amendment to the Parramatta City Centre LEP 2007, (CCLEP) relating to a number of ‘housekeeping’ matters. This included a proposed amendment to the table in Clause 22C, which sets car parking rates, but does not specify the rates as either a maximum or minimum. The amendment proposed that the rates be specified as maximum rates.

2. Prior to the CCLEP, the REP set parking rates for the city centre as maximum rates. Council adopted a policy position at its meeting on 17 December 2007, to apply the CCLEP parking rates as maximums, given the lack of clarity in the LEP.

3. During the public exhibition of the ‘housekeeping’ amendment to the CCLEP, Council received one submission from the Urban Task Force. The Urban Task Force is an organisation representing prominent property developers and equity financiers. The urban taskforce submission is Attachment 1 to this report.

4. In considering this submission and finalising the ‘housekeeping’ amendment to the CCLEP, Council, at its meeting on 9 November 2009, resolved to support the submission from the Urban Taskforce and not to proceed with the amendment to the CCLEP to apply maximum car parking rates. Council also called for a report identifying issues as raised by the Urban Taskforce. Comments in response to the Urban Task Force submission are provided in Attachment 2 to this report.

5. A Councillor workshop was held on 29 March 2010 to discuss the issues associated with maximum parking rates in the city centre.

ISSUES

Parking rates are an integral part of a Council’s strategic transport & policy framework:

6. A core component of Council’s strategic transport planning is the reduction of reliance on the car for travel and greater use of sustainable transport (walking, cycling, public transport). Limiting parking supply is widely acknowledged as a significant component of a travel demand strategy. More car parking spaces mean more traffic generation and more congestion. More congestion in the CBD erodes pedestrian enjoyment and general amenity of the CBD and undermines economic growth.

7. A maximum rate of parking is used in most major centres where congestion is an issue, including many European cities, Melbourne, Sydney city, Chatswood, North Sydney and other employment centres like Macquarie Business Park at North Ryde. Not unreasonably limiting parking to reduce impacts of cars reduces congestion and enlivens city centres. This policy is not against providing car parking, but balancing the number of spaces, recognising that an amount is needed to service the needs of development and that Parramatta city centre is well served by public transport, both rail and bus.

Standards for car parking permit relatively generous numbers of car spaces:

8. The standards for car parking rates governing the actual number of car spaces required to be provided on site for different types of land uses in the Parramatta city centre, allow developments to provide a relatively generous amount of parking. Other CBD centres have more restrictive parking controls, in places like Sydney city, North Sydney, Chatswood & Melbourne. Applying Parramatta’s more generous parking rates as maximums allows developers to provide a reduced number of parking spaces where appropriate. For example, many shops and restaurants outside of Parramatta Westfields, operate successfully with minimal or no on site parking. Maximum parking rates do not reduce the viability of development, they allow a more flexible approach to provide up to the maximum amount, or reduce parking amounts where appropriate.

9. Rates for residential development in the Parramatta city centre require one car space per dwelling or apartment for residents. This recognises that car ownership for most CBD residents is a current reality. However, living in a centre with good access to public transport offers more opportunities for reducing car trips and the possibility of fewer cars per household over time. A car sharing service is provided in the city centre which supplements residents with limited or no access to a car for personal travel.

Will maximum parking rates reduce the attraction of the city centre to developers?

10. The Parramatta CBD has good access to public transport and public parking, including metered on road parking that encourages high turnover of patrons and is supplemented by large parking stations in the CBD. The current levels of traffic congestion in parts of the city centre are directly related to the parking provision as clearly demonstrated by the level of traffic congestion in streets around nodes with high levels of car parking like Parramatta Westfields. Allowing excessive parking provision in any location where traffic capacity is limited, leads to congestion and will in turn undermine future development opportunities and the marketability of the city.

11. An abundance of parking in the short term, whilst there is some capacity in the road network, can be accommodated, however, once this capacity is absorbed, new development becomes less attractive as prospective investors consider the congestion of the city amongst the various other factors that Parramatta competes with in other employment areas. In contrast, a city environment becomes more enlivened without as much traffic congestion, becomes more pedestrian friendly and more attractive as a place to work, visit or live in and more attractive to development.

Achieving targets and vision for the Parramatta City Centre:

12. The 2010 NSW State Plan includes a 50% mode split target by 2016 for work trips to and from the Parramatta CBD by public transport. This is an ambitious target, but one worth pursuing if Parramatta is to truly fill the role of regional centre for Western Sydney. Unconstrained levels of parking, without a maximum parking rate, will not advance Council’s efforts to lobby State or Federal Government for improvements to public transport infrastructure, which are essential to impact on this target.

13. Council is hosting a Transport Forum in July to focus attention on transport infrastructure requirements for western Sydney and in particular Parramatta’s strategic role as the regional CBD, given the lack of focus on this in the recent Metropolitan Transport Plan.

CONCLUSION

14. It is recommended that Council reaffirm its current policy of applying the car parking rates in the CCLEP as maximum rates and prepare a draft amendment to the Parramatta City Centre LEP 2007 to specify the parking rates as maximums to avoid the current ambiguity in the plan.

15. This will require the preparation of a draft amendment to the CCLEP as a Planning Proposal for submission to the Department of Planning for “Gateway” determination. Council will be able to seek a ‘credit’ for the steps already undertaken with the earlier planning proposal, including the public exhibition process that has already been undertaken.

Sue Stewart

Senior Project Officer Land Use Planning

Attachments:

1View	Urban Taskforce Submissions	4 Pages
2View	Comments in response to Urban Taskforce Submissions	3 Pages

REFERENCE MATERIAL

Council 28 June 2010

Item 9.5

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.5

SUBJECT Construction of a 26 storey mixed use development - Part 3A project Application - 134 - 140 Marsden Stree Parramatta

REFERENCE NCA/6/2010 - D01563383

REPORT OF Senior Development Assessment Officer

PURPOSE:

To seek Councils endorsement to the making of a submission to the Director General of the Department of Planning regarding the Part 3A project application that has been made by Crown International Holdings Group for the property located at 134 – 140 Marsden Street Parramatta. It is proposed to construct a 26 storey mixed use development comprising of 339 residential units, 1,903sqm of retail space, 5,488sqm of commercial space, 6 levels of basement car parking for 506 vehicles, communal residential amenities including a pool and gym. The application includes a public plaza with a viewing area of the archaeological remains.

RECOMMENDATION

That Council endorse the submission made by Council staff as included in attachment 1.

BACKGROUND

The Department of Planning declared on 1 October 2009 that this mixed use development be subject of a Part 3A development process under the provisions of the Environmental Planning and Assessment Act 1979.

The Department of Planning issued on 26 October 2009 the Director General’s Requirements which outlined the submission requirements for the project. The requirements are included as attachment 2.

The Department of Planning have provided Council with a copy of the Environmental Assessment for review and comment. The proposal has been reviewed by internal departments including Urban Design and Heritage.

CONSULTATION

Notification has been undertaken by the Department of Planning with advice of the application being sent to Council and all adjoining and affected property owners. The application was notified for a period of 30 days between 19 May 2010 and 18 June 2010.

A memo was sent via email to all Councillors on 26 May 2010 advising of the project with comments requested to be received no later than 7 June 2010. To date no comments have been received from the Councillors.

DETAILS OF APPLICATION

The applicant seeks approval for the construction of a 26 storey mixed use development with street frontage to Marsden Street, Macquarie Street and Hunter Street consisting of:

- 339 residential units;

- 1,903sqm of retail space;

- 5,488sqm of commercial space;

- six levels of basement carpark accommodating 506 vehicles;

- communal residential amenities including a gym and pool;

- loading docks and vehicle circulation space at the ground floor; and

- a public plaza at the ground floor in the north of the site accommodating public open space and archaeological display area surrounded by café/retail space with an archaeological interpretation space;

- pedestrian access is available via Marsden Street, Macquarie Street and Hunter Street

- vehicular access is via Hunter Street.

The application was supported by a Traffic Management Plan, Architectural Design Statement, Archaeological Conservation and Heritage Interpretation Plan, Safety Audit, Access report, Wind Report, Geotechnical report and a Engineering Statement.

THE SITE

The site is known as 134 - 140 Marsden Street Parramatta . The site has three street frontages measuring 84 metres to Marsden Street to the east, 54 metres to Macquarie Street to the north and 64 metres to Hunter Street to the south. The site has a staggered western boundary of 75 metres in total. The site has an area of 4,879sqm. Commercial buildings generally surround the development.

The site is listed as Archaeological Management Unit No 3190 and is managed in accordance with the Heritage Act 1977 (Heritage Act) and the heritage provisions of the City Centre LEP. The site has been identified as containing four important relics, all of which are located along the northern frontage of the site towards Macquarie Street, and include the following:

- Evidence of the footing of a convict hut;

- Evidence of occupation by a wheelwright;

- Evidence of the cellar of the Wheatsheaf Hotel (c1801), one of the earliest remnants of a hotel yet revealed in Australia

- The footings of a larger colonial period cottage with a deep well.

The archaeological remains are currently housed within two secure metal sheds with timber bracing. Each shed has been fitted with a metal roof with a clear Perspex insert to allow transmission of light to the interior spaces.

HISTORY OF SITE:

1 March 2005 DA 1918/2003 was approved under delegation for the demolition of an existing structure and construction of a nine storey mixed use building containing 137 residential units, 5,370sqm of commercial space and 1,295sqm of retail space above three levels of basement car parking.

2 February 2005 An excavation permit (2004/5140/068) was approved by the Heritage Council

5 August 2005 A modification of the original permit (2005/S144/014) was approved by the Heritage Council on 2 February.

Archaeological investigations were carried out on the site between May and

August 2005, which lead to two discoveries on the site:

- A convict hut with wheelwrights forger and workshop adjacent to the hut; and

- A sandstone cellar belonging to the Wheatsheaf Hotel of 1801 -1808 which is likely to be the earliest surviving evidence for a hotel in Parramatta.

Following this discovery, the former Heritage Office (now the Heritage Branch of the Department) requested that the owners consider an opportunity for in situ conservation of the significant finds. It was evident that the development approved by DA 1918/2003 did not provide the opportunity for in situ conservation.

Investigations were undertaken to consider development options for the site that would accommodate in situ conservation.

An Interim Heritage Order (IHO No 101 under Section 24 of the Heritage Act

1977 (the Heritage Act) was gazetted on 22 March 2006. The IHO lapsed in

March 2007 and a State Heritage Register listing has not been progressed for the site.

At the same time, an order under Section 129 of the Heritage Act was gazetted which stated as follows:

'for the purposes of assessing Development Applications which make provision for the in situ conservation of archaeological 'relics' within the subject land, that the following clauses in the Sydney Regional Environmental

Plan No 28 - Parramatta, should not apply:

(i) Clause 26 and specifically

(ii) Clauses 26(2), height of buildings not to exceed the maximum height shown on the City Centre Map; and

(iii) Clause 27, and specifically

(iv) Clause 27(2), floor space ratio not to exceed the maximum FSR shown

in the City Centre Map'.

11 September 2006 DA/470/2006 was approved by Council for the construction of a 16 storey mixed use retail and commercial development comprising four and a half levels of basement parking, ground level retail with public piazza, archaeological interpretation zone and through site link, six level commercial podium link, sixteen level commercial tower, heritage interpretation space and strata subdivision.

The approval limited the FSR and maximum height of the development on the site to a floor space ratio (FSR) of 7.49: 1 and RL67.5.

15 October 2008 Section 96(2) modification approved by Council to the approved 16 storey mixed use retail and commercial development over 4.5 levels of basement parking. The modification included provision of 4,702sqm of additional gross floor area and increasing the floor to ceiling height on the ground floor piazza by 1.8 metres was approved.

The approval permitted a FSR of 8.44:1 and a maximum height of RL75.3.

Archaeological remains were also found on Hunter Street. These remains, although of State significance, were not considered suitable for in situ conservation due to several factors including near absence of masonry elements, poor preservation of the 'convict huts' and the difficulty of preserving soil, cut features, other than by use of modern materials. Instead these remains would be interpreted and displayed by other means and using a variety of media within the proposed development.

PERMISSIBILITY

The site is zoned B4 Mixed Use under Parramatta City Centre Local Environmental Plan 2007. Mixed use developments are defined under the City Centre LEP as

“a building or place comprising of 2 or more different land uses”.

STATE ENVIRONMENTAL PLANNING POLICY – BASIX

The application for mixed use development has been accompanied with a BASIX certificate that lists commitments by the applicant as to the manner in which the development will be carried out. The requirements outlined in the BASIX certificate have been satisfied in the design of the proposal. Nonetheless, a condition will be imposed to ensure such commitments are fulfilled.

STATE ENVIRONMENTAL PLANNING POLICY 55 – REMEDIATION OF LAND

The provisions of SEPP No. 55 have been considered in the assessment of the application. The site is not identified in Council’s records as being contaminated. Further, the site does not have a history of a previous land use that may have caused contamination and there is no evidence that indicates that the site is contaminated. Accordingly, the application would be satisfactory having regard to the relevant matters for consideration under SEPP 55.

STATE ENVIRONMENTAL PLANNING POLICY 65 – DESIGN QUALITY OF RESIDENTIAL FLAT BUILDINGS

The proposal has been assessed against the 10 principles of SEPP 65 and is considered satisfactory in terms of providing passive surveillance, appropriate landscaping within the site. However it is considered the scale and built form are not compatible with the existing surrounding development.

It is highly recommenced that the Department of Planning refer the application to the Parramatta SEPP 65 Design Review Panel for consideration. In lieu of consideration at this meeting, an assessment against the 10 design principles should be undertaken by the Department of Planning.

PARRAMATTA CITY CENTRE LOCAL ENVIRONMENTAL PLAN 2007

The site is zoned B4 Mixed Use under PCCLEP 2007. Mixed use developments are permissible development with the consent of Council. The provision of mixed use buildings is consistent with the objectives of the mixed use zone which encourages suitable residential, commercial and retail businesses whilst promoting public transport.

Parramatta City Centre Development Control 2007

The proposed development is consistent with the aims and objectives and controls of the City Centre Development Control Plan as the DCP encourages the site to form part of the commercial core of the Parramatta CBD.

The table below demonstrates the proposal’s compliance with the relevant controls of PCCLEP and PCCDCP.

Parramatta City Centre Local Environmental Plan 2007

COMPLIANCE TABLE
*Development standard*	Compliance	Discussion
Cl 12 Permissible within zone?	Yes	Mixed use developments are permissible within the Mixed Use B4 zone
Cl 21 – Height of buildings – maximum permissible height with 10% bonus is 59.4 metres	No	The proposal does not comply with the height controls with a height of 84 metres – 24.6metres over the height requirement
Cl 21A – Architectural roof features Address when height exceeds	No	Height controls are exceeded
Cl 22 – FSR maximum FSR with 10% bonus – 6.6:1 – 32,201sqm	No	The proposal does not comply with the FSR controls with a FSR of 8.23:1 (40,307sqm, 8106 sqm over the requirement)
Cl 22A – Minimum building street frontage	Yes	Marsden Street – 84.205m Macquarie Street – 54.655m Hunter Street – 64.740m
Cl 22B – Design excellence	Yes	The applicant was granted a waiver by the Director General from undertaking a design competition. Instead the proposal was reviewed by a design review panel organised by the applicant in conjuction with the Department of Planning with meetings held in October and November 2009.
Cl 22C – car parking 525 spaces required	No	506 car parking spaces provided including 29 disabled spaces.
Cl 22D – Building separation	NA	Only one building provided

City Centre Development Control Plan 2007

Development Control	Proposal	Compliance
Setback - nil – continuous built edge to street	Partial compliance	The setbacks are generally consistent with the DCP controls with the exception of the setback of 22 metres from Macquarie Street to allow for the archaeological remains to be preserved
Street frontage heights - Marsden Street – nil setback up to min 26m – max 30m, 8 metre setback above 30m	No	Nil setback up to 17.2 metres, 8 metres minimum provided above 17.2 metres
Street frontage heights - Macquarie street – nil setback up to min 18m to max 22m, 6 - 8 metre setback above 22 m	No	22m setback up to 13m, 6 metres minimum provided above 13 metres
Street frontage heights - Hunter Street – nil setback up to min 18m to max 22m, 6 - 8 metre setback above 22 m	No	Nil setback to 16.2 metres, 6 metres minimum provided above 16.2 metres
Building Depth - non residential floor plate 1,200sq, maximum depth 20m - residential floor plates 900sqm, maximum depth 18 metres	No	The applicant has failed to address this requirement in Section 6.3 Compliance with relevant Environmental Planning Instruments. Calculations undertaken by staff indicate the floor plates exceed the requirements with commercial floor areas exceeding 2000sqm and residential floors areas exceeding 1500sqm. (Except for levels 22 and above)
Building separation - satisfy requirements of SEPP 65	NA	Only one building provided
Mixed Use Buildings - provide flexible ground floor plates - floor to ceiling heights o min 3.6m ground floor o min 2.7m remainder - separate loading docks / services - security controls at residential entrances - safe pedestrian routes - activate street frontages - avoid blank walls at ground level	Yes	- The floor plates are considered to be flexible. - The ground floor has a floor to ceiling height of 5 metres, all remaining floors have a floor to ceiling height of 2.8metres - a separate loading dock is provided - the entrance to the residential area is secured - safe pedestrian paths are provided throughout the site - the street frontages are considered to be well activated, retail premises address all street frontages - no blank walls are provided at ground level
Deep soil zones - 15% (731.85sqm)	No	Nil, however the heritage display area presents 840sqm or 17% of the site area and will remain undeveloped in lieu of the deep soil zone.
Landscaping - submission of a landscaping plan	Yes	A landscaping plan has been submitted and is considered acceptable
Pedestrian access	Yes	Pedestrian access is considered acceptable.
Car parking - on site car parking to comply with Parramatta LEP 2007	No	525 spaces required, 506 provided
Motorcycle parking - equivalent to 1 car parking space	Yes	10 motor vehicle spaces provided
Bicycle parking - equivalent to 1 space per 100 car parking spaces	No	52 spaces required, 48 spaces provided
Maneuvering / access - comply with AS2890.1	Yes	Proposal achieves compliance with AS2890.1
Site facilities - provide either communal or private laundry facilities	Yes	Each unit is provided with a internal laundry
Housing choice and affordability 1 bed 10-25% 2 bed max 75% 3 bed min 10%	Yes	89 x 1 bed units (26%) 193 x 2 bed units (57%) 57 x 3 bed units (17%)
Dwelling floor areas 1 bed – 50sqm 2 bed – 70sqm 3 bed – 95sqm	Yes	1 bed minimum 49sqm 2 bed minimum 100sqm 3 bed minimum 104sqm
Private open space - 15% per unit	Yes	Minimum 15% provided
Cross ventilation	Yes	63% of dwellings receive cross ventilation
Wind Mitigation – submission of a Wind Effects Report for buildings over 50 metres in height	Yes	A Wind Effects report has been submitted which states that the new development satisfies wind standards and will maintain comfortable conditions for pedestrians.

ISSUES

Urban Design

The application has been reviewed by Council’s Urban Designer and the following comments should be taken into consideration in the assessment of the proposal.

“In summary the panel commented that the design lacked excellence in the following ways;

· That the building height is 84 m and it exceeds the 59.4m height limit without providing a convincing design rationale.

· That the street wall height does not match those required in the DCP. This will erode the consistency of the streetscape. An architectural screen has been proposed to provide some consistency in street wall datum but the panel does not consider that this screen will properly achieve the intended consistency and activation required by the DCP street wall height.

· That important SEPP 65 criteria are not being properly met i.e. the building is overly deep and cross ventilation seems to be marginal to many apartments.

· That neither a compelling strategy for the archaeology nor comprehensive overshadowing diagrams have been provided.

These issues are interrelated in a design sense. The proponent argued that the extra height and depth which combine to make a very large bulky building were necessary to achieve the FSR and also to allow a public space that houses the archaeology to be made addressing Macquarie and Marsden Streets. However their podium was lower than recommended in the DCP and if it had been higher would have incorporated additional FSR. Also the relation of the archaeology to the public space and the degree of public benefit provided has not been fully explained and so it was not fully agreed that it was a worthwhile trade off.

RECOMMENDATION

That the council endorse the comments of the Design Panel and any future comments they make about the design and requests that;

· The proposal is adjusted to have a podium and street wall condition along Marsden Street consistent with the DCP 2007.

· The overall building height is reduced to a maximum RL of 75.3 from ground level.

· Expert heritage advice is sought about the quality of the proposed strategy for preserving the archaeological remains.

· Legible diagrams showing the overshadowing to the public domain and surrounding properties caused by this new development are submitted and checked.( those submitted to council are not legible)

· Council notes that the Design Panel was not satisfied that this process achieved the same degree of transparency and quality design that has been achieved by design competitions and makes submission to the Department of Planning that the Design Comp process be retained for Part 3A sites.”

Heritage

The site is listed as a site of high archaeological significance. The application has been reviewed by Council’s Heritage advisor and the following comments should be taken into consideration in the assessment of the proposal.

“Assessment

The application is a Part 3A Application lodged with the Department of Planning and this advice is given in that context.

The site is located in the City Centre area and in the relative proximity of several heritage items. It is apparent that the proposal does not comply with all the relevant controls of the City Centre DCP, however, that is a planning matter. From the strictly heritage perspective, the following matters were deemed critical:

- The proposed development will be visible from various points in the City Centre area, including from the direction of several heritage items. However, it is considered to not have a major impact on the views to any item, being reasonably well blended in with the cityscape of the centre area.

- The grounds to be excavated have a high archaeological potential and the significance of any potentially found relics is likely to be on the State level. Given this, and the degree of excavation required, an excavation permit under the Heritage Act should be sought from NSW Heritage Council.

- From the Council’s perspective, the proposed area of exposed relics and the treatment of that appear reasonable and in keeping with the previously given advice by the NSW Heritage Office, however, the assessment of this matter is solely at the discretion of the NSW Heritage Council.

Recommendation

In summary, the overall impact of the proposal is acceptable in heritage terms; however, the proposal should also be assessed against the planning controls applicable. From the Council’s perspective, it would appear that a reasonable effort was made to protect the heritage and archaeological values on the site, however, the proposal remains subject to issuing of an excavation permit under the Heritage Act by the NSW Heritage Council. This permit should be obtained before the determination of the DA.”

Planning Comment: Having regard to the comments from Councils Urban Designer and Councils Heritage Advisor it is recommended that the height of the mixed use development be reduced to provide a building which is compatible with the surrounding development and achieves a maximum height of RL 75.3 which is consistent with previous approvals.

Floor Space Ratio

Parramatta City Centre Local Environmental Plan 2007 indicates that the site can have of a maximum floor space ratio of 6.6:1 (32,201sqm), this includes the 10% bonus for complying with Clause 22B – Design Excellence. The applicant seeks approval for an FSR of 8.23:1 (40,307sqm). The mixed use development exceeds the maximum provisions by 8,106sqm.

The previous DA (assessed under SREP No. 28 – Parramatta) for the site approved by Council on 11 September 2006 granted approval for a 16 storey commercial building and an overall FSR of 7.49:1. A subsequent Section 96 modification was approved increasing the floor area by 4,702sqm to a FSR of 8.44:1 as allowed under the Heritage Order issued for the site.

Consideration must be given by the Department of Planning as to whether it is appropriate to allow such an extensive variation to the FSR control. Whilst it is acknowledged that the site contains significant archaeology which constrains development on part of the site it is not considered the extent of additional FSR and height proposed above that permitted in the LEP is appropriate.

Any increase in FSR to compensate for the loss of developable area should be achieved without the need to increase the overall height beyond that which is similar to previous approvals on the site.

Height

Parramatta City Centre Local Environmental Plan 2007 indicates that the site can have a maximum height of 59.4 metres (RL 68.9), this includes the 10% bonus for complying with Clause 22B – Design Excellence. The applicant seeks approval for a height of RL 93.90 (to top of plant excluding architectural roof feature) or 84 metres to the Macquarie Street ground level at its topmost point.

The previous DA (assessed under SREP 28 – Parramatta) granted approval for an overall height of 65.8 metres or RL 75.3. This height was considered to be an acceptable height to compensate for the loss in developable area.

The current proposal increases the approved height by another 17 metres and the overall LEP height by 38.3 metres. This height is clearly not consistent with the provisions of the City Centre LEP or the surrounding development, including the Jessie Street Centre which is a 20 storey building (approximately 66 metres).

Consideration must be given by the Department of Planning to the impacts the significant increase to the height control will have on adjoining properties. An increase in height of this nature is not acceptable. It is also noted that the previous application achieved a similar FSR without the significant non compliance with the height control.

Further consideration should be given to the consistent administration of Parramatta Local Environmental Plan 2007 in respect of the degree of departure sought.

Car parking

Parramatta City Centre Local Environmental Plan 2007 states the car parking for the proposed development should be 525 spaces. The applicant fails to comply with this provision with 506 spaces being provided in 6 levels of basement car parking. Whilst no objection is raised to the provision of car parking, the applicant is required to comply with Clause 24 – Exemptions to development standards to support the variation.

The provision of car parking is considered satisfactory and responds to the city’s objectives to reduce the need for vehicles and improve the use of public transport.

Setbacks

Section 2.1 of Parramatta City Centre Development Control Plan requires any building on the site to have a continuous built edge to the street alignment. The proposal fails to fully comply with a setback of 22 metres from Macquarie Street. The setback provided is to ensure the archaeological remains on the site are retained. No objections are raised to the setback provided on the basis that it will ensure the retention of the archaeological remains.

Street frontage heights

Section 2.2 of Parramatta City Centre Development Control Plan 2007 requires development on the site to comply with the street frontage heights as contained within the policy. The proposal fails to fully comply with this requirement as outlined below:

Street frontage heights

- Marsden Street – nil setback up to min 26m – max 30m, 8 metre setback above 30m

Nil setback up to 17.2 metres, 8 metres minimum provided above 17.2 metres

Street frontage heights

- Macquarie street – nil setback up to min 18m to max 22m, 6 - 8 metre setback above 22 m

22m setback up to 13m, 6 metres minimum provided above 13 metres

Street frontage heights

- Hunter Street – nil setback up to min 18m to max 22m, 6 - 8 metre setback above 22 m

Nil setback to 16.2 metres, 6 metres minimum provided above 16.2 metres

Consideration must be given by the Department of Planning to the urban design implications that the non compliance results in terms of the street façade. In addition consideration must be given to the comments made by the Design Review Panel established for this project to review the urban design merits of the proposal where the panel recommended the street frontage heights be complied with.

Building Depth

Section 2.3 of Parramatta City Centre Development Control Plan 2007 prefers the maximum floor plate area of non-residential buildings to be 1,200sqm with a maximum depth of 20 metres. The preferred maximum floor plate for residential apartment buildings is 900sqm with a maximum depth of 18 metres.

The applicant has failed to address this provision in Section 6.3 Compliance with Relevant Environmental Planning Instruments. A review of the plans submitted indicates the floor plates exceed these requirements. It is therefore considered the applicant should address this provision. In regards to the residential floor plates it would be appropriate for the Parramatta SEPP 65 panel to review this issue as the larger internal floors plates are likely to reduce the internal amenity of the apartments.

Soft soil

Section 2.6 of Parramatta City Centre Development Control Plan requires that the mixed use developments where residential units comprises more than 80% floor area, a minimum of 15% of the site should be soft soil.

The proposal fails to achieve compliance with this provision with no provision of soft soil at the ground level. However 17% of the site is sterilised from development due to the in situ preservation of the archaeological remains. Consideration is required to be given by the Department of Planning as to whether the retention of the archaeological remains achieves compliance with the objectives of the Parramatta City Centre Development Control Plan including to allow for passive and active recreational activities, and to limit building bulk on the site and to improve the amenity of developments.

Bicycle parking

Section 4.3 of Parramatta City Centre Local Environmental Plan requires the provision of 1 bicycle parking space per 100 vehicle spaces. In this regard the 50 spaces would be required, the applicant provides 48 space, no objection is raised to the reduction of 2 spaces.

Solar access

The plans submitted by the applicant inadequately address the potential impacts on solar access not only to the residential units but also to adjoining properties. It is therefore requested that further information and plans be provided to address the impacts of solar access on the residential units, and on adjoining properties.

This is an important issue as the increased height of the building will increase the overshadowing of nearby properties beyond that envisaged by the current planning controls for the site.

Submissions received

You are requested to give serious consideration to all submissions that have been received in respect of the proposal.

Conditions of approval

It is considered appropriate that the following requirements be applied to the development:

Construction and Traffic Management Plan

1. Prior to the commencement of any works on the site the applicant must prepare a Construction and Traffic Management Plan. The following matters must be specifically addressed in the Plan:

(a) Construction Management Plan for the Site

A plan view of the entire site and frontage roadways indicating:

i. Dedicated construction site entrances and exits, controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways,

i. Turning areas within the site for construction and spoil removal vehicles, allowing a forward egress for all construction vehicles on the site,

ii. The locations of proposed Work Zones in the egress frontage roadways,

iii. Location of any proposed crane standing areas,

iv. A dedicated unloading and loading point within the site for all construction vehicles, plant and deliveries,

v. Material, plant and spoil bin storage areas within the site, where all materials are to be dropped off and collected,

vi. The provisions of an on-site parking area for employees, tradesperson and construction vehicles as far as possible.

(b) Traffic Control Plan(s) for the site:

i. All traffic control devices installed in the road reserve shall be in accordance with the Roads and Traffic Authority, NSW (RTA) publication ‘Traffic Control Worksite Manual’ and be designed by a person licensed to do so (minimum RTA ‘red card’ qualification). The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each,

ii. Approval shall be obtained from Parramatta City Council for any temporary road closures or crane use from public property.

a. A detailed description and route map of the proposed route for vehicles involved in spoil removal, material delivery and machine floatage must be provided and a copy of this route is to be made available to all contractors.

b. Where applicable, the plan must address the following:

i. Evidence of RTA concurrence where construction access is provided directly or within 20 m of an Arterial Road,

ii. A schedule of site inductions shall be held on regular occasions and as determined necessary to ensure all new employees are aware of the construction management obligations.

iii. Minimising construction related traffic movements during school peak periods,

The Construction and Traffic Management Plan shall be prepared by a suitably qualified and experienced traffic consultant and be certified by this person as being in accordance with the requirements of the abovementioned documents and the requirements of this condition.

Reason: To ensure that appropriate measures have been considered during all phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.

Driveway Crossing Application

2. Prior to any work occurring on the driveway crossings within Council’s road reserve, an application is required for any new, reconstructed or extended sections of driveway crossings between the property boundary and road alignment which must be obtained from Parramatta City Council. All footpath crossings, laybacks and driveways are to be constructed according to Council’s Specification for Construction or Reconstruction of Standard Footpath Crossings and in compliance with Standard Drawings DS1 (Kerbs & Laybacks); DS7 (Standard Passenger Car Clearance Profile); DS8 (Standard Vehicular Crossing); DS9 (Heavy Duty Vehicular Crossing) and DS10 (Vehicular Crossing Profiles).

In order to apply for a driveway crossing, you are required to complete the relevant application form with supporting plans, levels and specifications and pay the appropriate fee of $166.30

Note: This development consent is for works wholly within the property. Development consent does not imply approval of the footpath or driveway levels, materials or location within the road reserve, regardless of whether the information is shown on the development application plans.

Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.

Damage to public infrastructure

3. Prior to commencement of works the applicant shall advise Council in writing, of any existing damage to Council property. A dilapidation survey of Council’s assets, including photographs and written record, must be prepared and submitted to the Principal Certifying Authority and Council (if Council is not the PCA) prior to the commencement of works; failure to identify any damage to Council’s assets will render the applicant liable for the costs associated with any necessary repairs.

Reason: To protect Council’s assets throughout the development process.

Road Opening Permits

4. The applicant shall apply for a road-opening permit where a new pipeline is proposed to be constructed within or across the footpath. Additional road opening permits and fees may be necessary where there are connections to public utility services (e.g. telephone, electricity, sewer, water or gas) are required within the road reserve. No drainage work shall be carried out on the footpath without this permit being paid and a copy kept on site.

Reason: To protect Council’s assets throughout the development process.

Work hours

5. All work including building, demolition and excavation work; and activities in the vicinity of the site generating noise associated with preparation for the commencement of work (eg. loading and unloading of goods, transferring tools etc) in connection with the proposed development must only be carried out between the hours of 7.00am and 5.00pm on Monday to Fridays inclusive, and 8.00am to 5.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

Note – Council may allow extended work hours for properties located on land affected by Parramatta City Centre LEP 2007 in limited circumstances and upon written application and approval being given by Parramatta City Council at least 30 days in advance.

Such circumstances where extended hours may be permitted include:

· Delivery of cranes required to the site outside of normal business hours;

· Site is not located in close proximity to residential use or sensitive land uses;

· Internal fit out work.

Reason: To protect the amenity of the area.”

Footpath construction

6. Construction of a 1.2 m wide by 70 mm thick concrete footpath across the property frontage within the road reserve. Details of the proposed footpath works shall be submitted to and approved by Council prior to commencement of footpath works. Proof of completion of construction work shall be submitted to the satisfaction of Council prior to release of the Occupation Certificate. All costs are to be borne by the applicant.

Reason: To provide pedestrian passage

Post-construction dilapidation report

7. The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to Parramatta City Council. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the proponent must:

(a) compare the post-construction dilapidation report with the pre-construction dilapidation report, and

(b) have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.

Reason: To establish the condition of adjoining properties prior building work and any damage as a result of the building works.

Public Domain / Alignment Plan

8. Prior to the commencement of works a Public Domain / Alignment Plan shall be submitted and approved by Councils Senior Project officer – Urban Design.

Section 94A Contribution – City Centre ( Lodged after September 1 2009)

9. A monetary contribution comprising $1,500,000 is payable to Parramatta City Council pursuant to Section 94A of the Environmental Planning and Assessment Act, 1979 and the Parramatta City Centre Civic Improvement Plan. Payment must be by cash, EFTPOS, bank cheque or credit card only. The contribution is to be paid to Council prior to the issue of a construction certificate.

At the time of payment, the contribution levy will be indexed quarterly in accordance with movements in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

Sara Smith

Senior Development Assessment Officer

Attachments:

1View	Submission to Department of Planning	11 Pages
2View	Director General's Requirements	6 Pages
3View	Locality Plan	1 Page
4View	Plans and Elevations	16 Pages
5	Confidential plans	12 Pages

REFERENCE MATERIAL

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

1View	Attachment 1 - location plan	1 Page
2View	Attachment 2 - easement plan	1 Page
3	Attachment 3	1 Page

1View	S79c Assessment Report	42 Pages
2View	Plans	9 Pages
3View	Locality Map	1 Page
4	Confidential plans	5 Pages

1View	Detailed Submission	3 Pages
2View	Upgrade Map	1 Page
3View	Photomontage - west facing on and off ramps at Windsor Road (before and after)	2 Pages
4View	Cross-section of west-bound on ramp at Windsor Road	1 Page

1View	Parramatta City Council's Noxious Weeds List available from PCC Website	4 Pages
2View	Coolatai grass - Hyparrhenia hirta	1 Page

1View	Location Plan	1 Page
2	Terms of proposed easement (Confidential)	4 Pages

1View	Attachment 1 - site plan	1 Page
2	Attachment 2 - draft conditions	4 Pages

1View	Attachment 1 - Fee Subsidy - Application Form	3 Pages
2View	Attachment 2 - Fee Subsidy - Request Letter	2 Pages
3View	Attachment 3 - Fee Subsidy - Assessment Criteria	1 Page
4	Attachment 4 - Fee Subsidy - Assessment Sheet	1 Page

1View	Investments & Loans - Performance	1 Page
2View	Summary of Investments Portfolio	2 Pages

Council	28 June 2010

Council	28 June 2010

Council	28 June 2010