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, 9 August 2010 at 6:45 pm.
Dr. Robert Lang
Chief Executive Officer
Parramatta – the leading city at the heart of Sydney
30 Darcy Street Parramatta NSW 2150
PO Box 32 Parramatta
Phone 02 9806 5050 Fax 02 9806 5917 DX 8279 Parramatta
ABN 49 907 174 773 www.parracity.nsw.gov.au
“Think Before You Print”
COUNCIL CHAMBERS
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The Lord Mayor Clr Paul Garrard - Woodville Ward |
Dr. Robert Lang, Chief Executive Officer - Parramatta City Council |
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Sue Coleman – Group Manager City Services |
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Assistant Minutes Clerk – Joy Bramham |
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Minutes Clerk – Grant Davies |
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Sue Weatherley–Group Manager Outcomes & Development |
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Clr Paul Barber – Caroline Chisholm Ward |
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Clr Lorraine Wearne, Lachlan Macquarie Ward |
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Clr Mark Lack – Elizabeth Macarthur Ward |
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Clr John Chedid – Elizabeth Macarthur Ward |
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Clr Glenn Elmore – Woodville Ward |
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Clr Scott Lloyd – Caroline Chisholm Ward |
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Clr Pierre Esber– Lachlan Macquarie Ward |
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Clr Andrew Wilson – Lachlan Macquarie Ward |
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Clr Prabir Maitra – Arthur Phillip Ward |
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Clr Andrew Bide – Caroline Chisholm Ward |
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Clr Julia Finn – Arthur Phillip Ward |
Clr Michael McDermott - Elizabeth Macarthur Ward |
Clr Antoine (Tony) Issa, OAM – Woodville Ward |
Clr Chiang Lim, Deputy Lord Mayor – Arthur Phillip Ward |
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Staff |
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Staff |
GALLERY
Council (Development) 9 August 2010
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 CONFIRMATION OF MINUTES - Council (Development) - 12 July 2010
2 APOLOGIES
3 DECLARATIONS OF INTEREST
4 Minutes of Lord Mayor
5 Public Forum
6 PETITIONS
7 Rescission Motions
7.1 Parramatta City Centre Parking Standards
8 Economy and Development
8.1 Variations to Standards under SEPP 1
9 Governance and Corporate
9.1 Lord Mayoral Election Date - 2010
10 DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION
11 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD
12 Reports - Domestic Applications
12.1 27 Chiswick Road, South Granville
(Lot 49 DP35007) (Woodville Road)
12.2 55 Boronia Avenue, Epping
(Lot 6 DP 8514) (Lachlan Macquarie Ward)
12.3 82 Redbank Road, Northmead
(Lot 611 DP 1049756) (Arthur Phillip Ward)
12.4 110 Harris Street, Harris Park
(Lot 60, DP 735064) (Elizabeth Macarthur Ward)
12.5 235 Church Street,
Parramatta
(Lots 1 & 2 DP 205570) (Arthur Phillip Ward)
12.6 59 Harris Street,
Harris Park
(Lot A DP 105869) (Elizabeth Macarthur Ward)
12.7 16 Highland Avenue, Toongabbie
Lot 42 DP 29128 (Caroline Chisholm Ward)
12.8 49 Keeler Street, Carlingford
(Lot 14 DP 8181) (Lachlan Macquarie Ward)
12.9 1 Lachlan Drive Winston Hills
(Lot 99 DP 270075) (Caroline Chisholm)
13 Reports - Major Applications
13.1 168 Pennant Street, North Parramatta (LOT 1 DP 743777) (Elizabeth Macarthur Ward).
13.2 3 Mahony Street, Wentworthville
(Lot 123 DP 12452) (Arthur Philip Ward)
13.3 60 Wigram Street, Harris Park
Lot 13 DP 1024791) (Elizabeth Macarthur Ward)
13.4 4-6 Hammers Road Northmead (Lots 8-9 DP 7339) (Arthur Phillip Ward)
13.5 40 Eleanor Street, Rosehill (Lots 29-31 & Lots 41-43 DP 2249) (Elizabeth Macarthur Ward)
13.6 465-483A Wentworth Avenue, Toongabbie
(Lot 1 DP 801715, Lot 141 DP 718761, Lot 13B DP 311951 and Lot 3 DP 621907, Lot
13A DP 311951 and Lot 2 DP 621907) (Caroline Chisholm Ward)
13.7 Former Eastwood Brickworks (Lot 7 DP 270605) (Lachlan Macquarie Ward)
13.8 29-33 Darcy Road Westmead (Lot 10 DP 1150428) (Arthur Phillip Ward)
13.9 3 Campbell Street,
Parramatta
(LOT 2 DP 208827) (Arthur Phillip Ward)
14 Closed Session
14.1 Legal Matters Monthly Report to Council
This report is confidential in accordance with section 10A (2) (g) of the Local Government act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
15 DECISIONS FROM CLOSED SESSION
16 QUESTION TIME
Council (Development) 9 August 2010
Rescission Motions
09 August 2010
7.1 Parramatta City Centre Parking Standards
RESCISSION MOTION
ITEM NUMBER 7.1
SUBJECT Parramatta City Centre Parking Standards
REFERENCE F2009/01706 - D01610828
REPORT OF Councillor J Chedid
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To be Moved by Councillor J Chedid and Seconded by Councillors S D Lloyd and A A Wilson
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“That the resolution of the Council Meeting held on 26 July 2010, regarding, Parramatta City Centre Parking Standards namely:-
“(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. (c) Further, that the Urban Task Force be notified of Council’s decision.”
be and is hereby rescinded.”
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Previous Council Report |
11 Pages |
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Council (Development) 9 August 2010
Economy and Development
09 August 2010
8.1 Variations to Standards under SEPP 1
ECONOMY AND DEVELOPMENT
ITEM NUMBER 8.1
SUBJECT Variations to Standards under SEPP 1
REFERENCE F2009/00431 - D01607756
REPORT OF Acting Manager Development Services Unit
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PURPOSE:
To provide Council with information each month on development applications determined where there has been a variation in standards under State Environmental Planning Policy No.1 or similar provisions under the standard instrument.
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That the report be received and noted.
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REPORT
In accordance with the reporting requirements prescribed in Planning Circular
PS 08-014 issued by the NSW Department of Planning, three (3) 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 25 June to 23 July 2010. These development applications were approved at the Council Meeting of 12 July 2010.
Laurie Whitehead
Acting Manager Development Services
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1View |
Development Application Variations under SEPP 1 - July 2010 |
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REFERENCE MATERIAL
Council (Development) 9 August 2010
Governance and Corporate
09 August 2010
9.1 Lord Mayoral Election Date - 2010
GOVERNANCE AND CORPORATE
ITEM NUMBER 9.1
SUBJECT Lord Mayoral Election Date - 2010
REFERENCE F2004/08629 - D01604171
REPORT OF Manager - Council Support
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PURPOSE:
To enable Council to consider altering the date of the Lord Mayoral Election as set down for 2010.
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That the date of the Lord Mayoral Election be altered from Monday 27 September 2010 to Wednesday, 29 September 2010, with the Ordinary Council Meeting remaining on 27 September 2010.
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BACKGROUND
1. Council at its meeting held on 14 December 2009 gave consideration to the schedule of Council Meeting dates for 2010 and resolved, in part, that the Special Council Meeting for the election of the Lord Mayor be held on Monday 27 September 2010 prior to the Ordinary Council Meeting.
ISSUES/OPTIONS/CONSEQUENCES
2. It has been the convention of this Council to hold the Lord Mayoral election on a night independent of a Council Meeting. Council’s decision of 14 December 2010 would break from this convention, make it difficult for the usual celebrations for the newly elected Lord Mayor to be held with friends and family and would also require the newly elected Lord Mayor to immediately assume the Chair and oversee the conduct of a formal Council Meeting.
3. It is also noted that the Woodville Junior Pro-Am is to be held on Tuesday, 28 September 2010, an event in which the current Lord Mayor is heavily involved, particularly as it relates to event sponsorship.
4. Accordingly, it is recommended that Council alter its current schedule and hold the Ordinary Council Meeting on 27 September 2010 with the Special Council Meeting to be moved to Wednesday, 29 September 2010.
CONSULTATION & TIMING
5. The contents of this report have been discussed with the current Lord Mayor.
FINANCIAL IMPLICATION FOR COUNCIL
6. There are no financial implications other than those normally associated with the conduct of a Council Meeting.
Graeme Riddell
Manager – Council Support
There are no attachments for this report.
REFERENCE MATERIAL
Council (Development) 9 August 2010
Domestic Applications
09 August 2010
12.1 27 Chiswick Road, South Granville
(Lot 49 DP35007) (Woodville Road)
12.2 55 Boronia Avenue, Epping
(Lot 6 DP 8514) (Lachlan Macquarie Ward)
12.3 82 Redbank Road, Northmead
(Lot 611 DP 1049756) (Arthur Phillip Ward)
12.4 110 Harris Street, Harris Park
(Lot 60, DP 735064) (Elizabeth Macarthur Ward)
12.5 235 Church Street, Parramatta
(Lots 1 & 2 DP 205570) (Arthur Phillip Ward)
12.6 59 Harris Street, Harris Park
(Lot A DP 105869) (Elizabeth Macarthur Ward)
12.7 16 Highland Avenue, Toongabbie
Lot 42 DP 29128 (Caroline Chisholm Ward)
12.8 49 Keeler Street, Carlingford
(Lot 14 DP 8181) (Lachlan Macquarie Ward)
12.9 1 Lachlan Drive Winston Hills
(Lot 99 DP 270075) (Caroline Chisholm)
DOMESTIC APPLICATION
ITEM NUMBER 12.1
SUBJECT 27 Chiswick Road, South Granville
(Lot 49 DP35007) (Woodville Road)
DESCRIPTION Construction of a single storey dwelling and detached garage.
REFERENCE DA/351/2010 - 7 May 2010
APPLICANT/S Lotus Pty Ltd
OWNERS Mr F Shmait
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application is being referred to Council for determination as the proposal involves works to a listed heritage item.
EXECUTIVE SUMMARY
Approval is sought to construct a single storey dwelling and a detached garage upon the subject site.
The site is vacant and the use is defined as a ‘dwelling house’ under the Parramatta LEP 2001 and is permissible under the Residential 2(a) zoning applying to the land.
Despite being vacant, the site is listed in the PLEP 1996 (Heritage and Conservation) due to inclusion of sites known as 27-29, 33-47 Chiswick Road containing “Houses Built for Housing Commission”. The site is within the Blaxcell Estate Conservation Area. As such the application was referred to Council’s Heritage Advisor who had no objections to the proposal subject to conditions relating to the proposed external finishes of the development and minor façade changes
The application was notified in accordance with Council’s Notification DCP, and no objections were received.
Accordingly, the application is recommended for approval subject to conditions
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That Development Application 351/2010 to construct a single storey dwelling and a detached garage on land at Lot 49, 27 Chiswick Road, South Granville 2142 be approved subject to the conditions of consent in Attachment 1 of this report. |
Maya Sarwary
Senior Development Assessment Officer
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1View |
Section 79C report |
30 Pages |
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Plans |
3 Pages |
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Location Map |
1 Page |
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REFERENCE MATERIAL
DOMESTIC APPLICATION
ITEM NUMBER 12.2
SUBJECT 55 Boronia Avenue, Epping
(Lot 6 DP 8514) (Lachlan Macquarie Ward)
DESCRIPTION Construction of a shade sail within the play area of a child care centre.
REFERENCE DA/466/2010 - Submitted 18 June 2010
APPLICANT/S Inner Living Pty Ltd
OWNERS Mr R Nagendra & Mrs K D Nagendra
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application is being referred to Council for determination as the application involves works to an existing child care centre.
EXECUTIVE SUMMARY
The application seeks approval to construct a shade structure over part of the existing outdoor play area at the rear of the child care centre. The design of the shade sail includes the construction of 3 galvanised steel columns (with one of the columns already constructed) and 1 triangular shaped grey non-waterproof shade sail with approximate dimensions of 8m x 8m x 9.5m. The structure will range in height from 3.1m to 4.2m. The structure is located 500mm from the eastern and northern boundaries and 8.5m from the western boundary.
The proposed works are ancillary to a “centre based child care service” as defined under Parramatta Local Environmental Plan 2001. The proposal is permissible within the Residential 2(a) zoning applying to the land and is consistent with the objectives of Parramatta LEP2001, DCP2005 and the Child Care Centres DCP.
One submission was received in response to the notification of this application. The issues raised include concerns over the location of the structure, potential overshadowing and drainage. The issues raised do not warrant the refusal or further amendment of the application.
Accordingly, the application is recommended for approval subject to conditions.
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(a) That Development Application 466/2010 for the construction of a shade sail within the play area of a child care centre on land at 55 Boronia Avenue, Epping be approved subject to the conditions of consent in Attachment 1 of this report.
(b) Further, that the person who lodged a submission be advised of the determination of the application.
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Kate Lafferty
Senior Development Assessment Officer
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1View |
Section 79C Report |
13 Pages |
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2View |
Plans & Elevations |
1 Page |
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3View |
Location Map |
1 Page |
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DOMESTIC APPLICATION
ITEM NUMBER 12.3
SUBJECT 82 Redbank Road, Northmead
(Lot 611 DP 1049756) (Arthur Phillip Ward)
DESCRIPTION Construction of a 2 storey dwelling.
REFERENCE DA/221/2010 - Submitted 23 March 2010
APPLICANT/S A Jha & M Rajaratnam
OWNERS A Jha
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application has been referred to Council as the proposal seeks a SEPP 1 Variation of greater than 10% to ‘Clause 38 Minimum allotment sizes’ in Parramatta Local Environmental Plan 2001.
EXECUTIVE SUMMARY
The application seeks approval for construction of a 2 storey dwelling on a vacant allotment. Lot 661, as approved by SC/3/2003 on 22 January 2003, has a total area of 486.5 square metres, which is 12% below the minimum allotment size of 550sqm for a single dwelling on a non battleaxe allotment in a residential zone.
In accordance with the Planning Circular released by the Department of Planning in November 2008 on ‘Reporting Variations to Development Standards’ variations to development standards greater than 10% are to be determined by Council.
No submissions have been received in respect of this application.
The proposed dwelling is consistent with the existing pattern of housing stock in the area and also is consistent with the objectives of the Residential 2(a) zone. It has also been demonstrated the existing lot is of a sufficient size to accommodate a single dwelling that is of a reasonable size, offering adequate site area for private open space, soft soil, landscape, building envelope setbacks and car parking. The proposal will not unduly impact the amenity of surrounding development.
For the above reasons, it is considered that the SEPP 1 objection seeking to vary the minimum allotment size development standard can be supported without compromising the residential amenity of the area.
Accordingly, approval of the application is recommended.
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(a) That Council support the variation to Clause 38 of PLEP 2001 under the provision of SEPP1
(b) That Council grant approval to Development Application No. 221/2010 for the construction of a two storey dwelling subject to standard conditions as contained in Attachment 1.
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Nicholas Clarke
Development and Certification Officer
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1View |
S79c Assessment Report |
30 Pages |
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2View |
Plans |
6 Pages |
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3View |
Locality Map |
1 Page |
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Confidential Plans |
2 Pages |
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DOMESTIC APPLICATION
ITEM NUMBER 12.4
SUBJECT 110 Harris Street, Harris Park
(Lot 60, DP 735064) (Elizabeth Macarthur Ward)
DESCRIPTION Alterations and additions to an exisitng non-licensed restaurant, including increasing the hours of operation to include trading on Sundays and construction of additions to the rear of the premises.
REFERENCE DA/266/2010 - 8 April 2010
APPLICANT/S Mr P Melchiorsen
OWNERS Tenaco Pty Limited
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application is being referred to Council for determination as a petition comprising 23 signatures has been received and the site is a listed heritage item.
EXECUTIVE SUMMARY
Approval is sought to carry out alterations and additions to an existing non-licensed restaurant, including increasing the hours of operation to include trading on Sundays and the construction of additions to the rear of the premises.
The fitout and use of the premises as a non-licensed restaurant was approved on 16 December 2008. The use was approved to accommodate a maximum of 68 patrons, with on-site parking for 5 vehicles at the rear of the site. The approved hours of operation of the premises are Monday to Thursday, 10:00am to 10:00pm, and Friday and Saturday 10.00am to 12 midnight with no trading on Sundays.
The proposed additions comprise of a storeroom, a unisex toilet, an enlargement of the approved kitchen including a cool room, and the construction of a waste storage room located at the rear of the premises.
It is also proposed to include trading on Sundays from 12 midday until 9.00pm.
It is noted the current application originally proposed to increase the number of patrons from 68 to 100 however this part of the application has been withdrawn by the applicant.
The proposal does not involve any changes to the car parking arrangement or internal layout of the existing premises.
A petition comprising 23 signatures has been received in relation to this application raising concerns relating to noise, lack of parking, and inappropriate use of the site. An on-site meeting was held on Saturday 29 June 2010 as a result of the number of submissions received.
The site is zoned Residential 2(a) – Harris Park Precinct under the provisions of SREP 28, and the approved use of the premises was for a ‘refreshment room’.
The subject site is heritage listed in Schedule 6 of SREP 28 and is known as a ‘Group of Cottages’. The site is also located within the Harris Park Conservation Area.
The proposal is subject to the controls of SREP 28, and the Harris Park Development Control Plan .
The proposed alterations and additions integrate well with the existing building, and have the support of Council’s Heritage Advisor subject to conditions, namely external finishes and a skillion roof over the rear kitchen addition.
The proposed Sunday trading is supported. The applicant provided a management plan with DA/311/2008 to establish the use of the premises as a restaurant. This report assessed potential noise and anti-social behaviour from patrons of the restaurant and remains valid as no increase in patron numbers is now proposed and the proposed hours are consistent with other restaurant uses in the locality.
Accordingly the application is recommended for approval subject to conditions.
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(a) That Development Application 266/2010 to carry out alterations and additions to an existing non-licensed restaurant, including increasing the hours of operation to include trading on Sundays and the construction of additions to the rear at 110 Harris Street, Harris Park be approved subject to conditions of consent in Attachment 1 of this report.
(b) Further, that the head petitioner be advised of Council’s decision on the matter.
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Maya Sarwary
Development Assessment Officer
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1View |
Section 79C Report |
16 Pages |
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2View |
Plans |
3 Pages |
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3View |
Location Map |
1 Page |
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REFERENCE MATERIAL
DOMESTIC APPLICATION
ITEM NUMBER 12.5
SUBJECT 235 Church Street, Parramatta
(Lots 1 & 2 DP 205570) (Arthur Phillip Ward)
DESCRIPTION Placement of an under awning sign on a heritage listed property associated with an approved business college.
REFERENCE DA/390/2010 - Submitted 17 May 2010
APPLICANT/S Loura Business College
OWNERS Boti Investments Pty Ltd
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application is being referred to Council for determination as the proposal involves work to a listed heritage item.
EXECUTIVE SUMMARY
Approval is sought for the placement of an under awning sign on a heritage listed property associated with an approved business college (English and hairdressing school) and two façade signs.
The proposed 2 façade signs located on the third level of the building are discussed in the S79C Assessment Report and do not form part of the recommendation for approval as they are unable to be supported on heritage grounds.
The proposed under awning sign is defined as a “business identification sign” under Parramatta City Centre LEP 2007 and is permissible under the B4 Mixed Use zoning applying to the land.
The site is listed as a heritage item under Schedule 5 Parramatta City Centre LEP 2007. The application was referred to Council’s Heritage Advisor who raises no concern with the under awning sign however is unable to support the two façade signs.
The application was notified in accordance with Council’s Notification Policy and no submissions were received.
Accordingly, the application is recommended for approval subject to conditions.
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That Development Application 390/2010 for the placement of an under awning sign on a heritage listed property associated with an approved business college on level three at 235 Church Street, Parramatta be approved subject to the conditions of consent in Attachment 1 of this report.
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Nicholas Clarke
Development and Certification Officer
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1View |
S79C Assessment Report |
15 Pages |
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2View |
Plans |
4 Pages |
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3View |
Locality Map |
1 Page |
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REFERENCE MATERIAL
DOMESTIC APPLICATION
ITEM NUMBER 12.6
SUBJECT 59
Harris Street, Harris Park
(Lot A DP 105869) (Elizabeth Macarthur Ward)
DESCRIPTION Change of use associated with a heritage listed item for use as a community facility for disability services.
REFERENCE DA/432/2010 - Submitted 8 June 2010
APPLICANT/S Flintwood Disability Services Inc
OWNERS Mr & Mrs Nakhle
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application is being referred to Council for determination as the proposal involves work to a listed heritage item.
EXECUTIVE SUMMARY
The development application seeks consent for fitout and change of use for a community facility for disability services within a listed heritage item. It is also proposed to construct external access ramps.
The applicant, Flintwood Disability Services is a registered service provider of the NSW Government. The Department of Human Services provides funding to individual clients to cover the expense associated with services provided by Flintwood which includes respite, post school programs, accomodation (not at this particular site) as well as support in skill development, training, recreation, cultural and transition-to-work activities. Flintwood is listed in the Government Data base as a recommended disability service provider.
Flintwood currently operate a similar facility at 55 Harris Street, Harris Park, which was approved under DA/937/2007 on 23 December 2007.
It is proposed to use the dwelling as a meeting place for persons with a disability, where they interact with carers who facilitate access to services and employment assisting with their transition into the community. The site will not provide for overnight lodging. The proposed hours of operation are Monday to Friday 8.00am to 6.00pm and a maximum of ten staff will to be onsite at any one time to support those attending the facility; however the applicant has confirmed the staff numbers will be between 4-6 at any one time during the day. Staff parking is available at the rear of the site, while metered on-street parking is available along Harris, Weston and Crown Streets.
The proposal satisfies the definition of community facility under Sydney Regional Planning Policy 28 – Parramatta, as Flintwood is a service provider registered with the NSW Department of Human Services. Flintwood provides support for the physical, social, intellectual and cultural welfare of those affected by disabilities within the community. The use is permissible under the Residential 2(a) zoning applying to the land and will not result in any adverse impacts on surrounding properties. The property is a listed heritage item referenced in Part 2 of Schedule 6 of SREP No. 28 and is located within the Area of National Significance and in the Experiment Farm Heritage Conservation Area. The application was referred to Council’s Heritage Advisor who raised no objections to the proposal.
The application was notified in accordance with Council’s Notification Policy and one submission was received raising concerns with the potential for increased traffic in Crown Street.
Accordingly, the application is recommended for approval subject to conditions.
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That Development Application 432/2010 for a change of use associated with a listed heritage item to operate a community facility for disability services on land at 59 Harris Street, Harris Park, be approved as a deferred commencement consent subject to the conditions of consent in Attachment 1 of this report.
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Nicholas Clarke
Development and Certification Officer
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1View |
S79C Assessment Report |
15 Pages |
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2View |
Locality Map |
1 Page |
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3View |
Plans |
1 Page |
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DOMESTIC APPLICATION
ITEM NUMBER 12.7
SUBJECT 16
Highland Avenue, Toongabbie
Lot 42 DP 29128 (Caroline Chisholm Ward)
DESCRIPTION Section 96 (2) modification to an approved multi unit development containing 7 townhouses. Modifications include removal of a bedroom to all units, reduction in the height of the buildings, reduction in basement, reduction in carparking, relocation of a laundry window and the provision of a roller door and intercom system on the southern elevation of the development.
REFERENCE DA/1185/2004/B - 17 May 2010
APPLICANT/S Trendset Group Pty Ltd
OWNERS Mr M M Kanat
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application is referred to Council as the original application for the construction of a townhouse development with basement parking was approved by Council.
EXECUTIVE SUMMARY
The Section 96 (2) application seeks consent to modify the approved townhouse development as follows:-
· Reduction in number of bedrooms from 3 to 2 for all units. This modification involves deleting a bedroom from the attic within each townhouse of the development and reducing the pitch of the roof from 35 degrees to 21 degrees and thereby the height of the townhouses by 2.3m. · Reduction in the number of carparking spaces from 13 to 9 to reflect the changes in number of bedrooms. This has resulted in a reduction in the area of the basement of the development. · Relocation of a laundry window to Unit 1 from the southern elevation of the development to the eastern elevation · Provision of a roller door and intercom system on the southern elevation of the development · Amendment to the stormwater plan
The proposed development to be modified is considered to be substantially the same development as that to which the original development consent relates, as the proposed amendments do not change the nature of the original approval, being the construction of a multi unit development comprising of 7 townhouses over basement carparking.
The application was notified in accordance with Council’s Notification Policy and one submission was received. The submission raised outlining concerns relating to the original approval of a townhouse development on the site and consequent amenity issues that will result.
The likely impacts of the proposed development have been assessed and the proposed modifications are considered acceptable with respect to the standards and controls contained within Council’s LEP 2001 and DCP 2005.
Accordingly, the application is recommended for approval subject to conditions.
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(a) That Council approve to modify development consent to Development Application No. 1185/2004/B for the demolition of the existing dwelling, tree removal and the construction of 7 multi unit dwellings over basement car parking by removal of a bedroom to all units, reduction in the height of the buildings, reduction in basement, reduction in carparking, relocation of a laundry window and the provision of a roller door and intercom system on the southern elevation of the development
(b) Further, that the objector be advised of Council’s decision on the matter.
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Maya Sarwary
Development Assessment Officer
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1View |
Section 79C Report |
15 Pages |
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2View |
Plans |
5 Pages |
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3View |
Location Map |
1 Page |
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Confidential Plans (s.96 and original) |
5 Pages |
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REFERENCE MATERIAL
DOMESTIC APPLICATION
ITEM NUMBER 12.8
SUBJECT 49
Keeler Street, Carlingford
(Lot 14 DP 8181) (Lachlan Macquarie Ward)
DESCRIPTION Section 96 modification to an approval for demolition, tree removal and construction of a 2 storey dwelling house and front fence. The modifications include deleting Conditions 11 and 12 from the original consent and internal changes to the dwelling.
REFERENCE DA/428/2009/A - 18 June 2010
APPLICANT/S Lifestyle Designer Homes
OWNERS Mr J N Chen and Mrs W H Chen
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application is referred to Council as the original application for demolition, tree removal and construction of a 2 storey dwelling house and front fence was determined by Council on 14 December 2009.
EXECUTIVE SUMMARY
The Section 96 (2) application seeks consent to modify the approved development as follows:-
· Deletion of Condition 11 from the original DA consent which required a reduction in the bedroom 1 balcony located on the first floor of the dwelling. · Deletion of Condition 12 from the consent which required that the sliding door of the sitting room be converted to a window. · Conversion of an ensuite and walk-in-robe attached to Bedroom 6 to a linen cupboard and powder room accessible from all areas of the dwelling · Enlargement of the guest en-suite · Addition of a toilet within the laundry
The proposed development to be modified is considered to be substantially the same development as that to which the original development consent relates, as the proposed amendments do not change the nature of the original approval, being demolition, tree removal and construction of a 2 storey dwelling house and front fence.
The application was notified in accordance with Council’s Notification Policy and no submissions were received.
The proposed modifications have been assessed in accordance with the matters for consideration under Section 79C of the EP&A Act, 1979.
The proposed deletion of conditions 11 and 12 are unable to be supported as it is considered to result in loss of amenity to adjoining properties with respect to visual and acoustic privacy.
The proposed internal changes to the dwelling will improve the amenity for residents without impacting on the external appearance of the dwelling or the amenity of adjoining properties.
The proposed amendments do not alter the numerical controls outlined in the Parramatta Development Control Plan 2005.
The potential constraints of the site have been assessed and it is considered the site is suitable for the proposed development subject to the retention of Conditions 11 and 12 imposed on the original consent.
Accordingly, the application is recommended for approval subject to the retention of Conditions 11 and 12.
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RECOMMENDATION
That Council as the consent authority, modify development consent to Development Application No. 428/2009/A for the construction of a 2 storey dwelling house and front fence by altering the internal configuration of the ensuite and WIR to bedroom 6, enlarging the ensuite to the guest room, and adding a toilet to the laundry of the development on land at 49 Keeler Street, Carlingford.
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Maya Sarwary
Development Assessment Officer
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1View |
Section 79C Report |
7 Pages |
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2View |
Plans (Section 96 and original) |
6 Pages |
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3View |
Locality Plan |
1 Page |
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Confidential Plans (Section 96 and original) |
4 Pages |
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REFERENCE MATERIAL
DOMESTIC APPLICATION
ITEM NUMBER 12.9
SUBJECT 1
Lachlan Drive Winston Hills
(Lot 99 DP 270075) (Caroline Chisholm)
DESCRIPTION Section 96 (2) Modification to an approved dwelling for a front addition for a study and bedroom.
REFERENCE DA/403/2010 - 24 May 2010
APPLICANT/S Mr E Sorkhi
OWNERS Mr E Sorkhi
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application is referred to Council as the original application for the subdivision and housing development for 59 dwellings was determined by the Land and Environment Court on 24 August 1998.
EXECUTIVE SUMMARY
The Section 96 (2) application seeks consent to modify the approved development as follows:
· Ground floor addition located at the front of the dwelling for a study room. · First floor addition located at the front of the dwelling for an additional bedroom. · Extension of the walk in wardrobe located on the first floor. · Amendments to the roof design. · New windows on the south elevation within the walk in wardrobe. · New windows on the north west elevation within bedroom 3.
The proposed development to be modified is considered to be substantially the same development as that to which the original development consent relates, as the proposed amendments do not change the nature of the original approval, being the construction of a 2 storey dwelling house.
The application was notified in accordance with Council’s Notification Policy and no submissions were received.
The proposed modifications have been assessed in accordance with the matters for consideration under Section 79C of the EP&A Act, 1979.
The proposed modifications to the dwelling will improve the amenity for the occupants without impacting on the amenity of adjoining properties.
The potential constraints of the site have been assessed and it is considered the site is suitable for the proposed development. |
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That Council as the consent authority, modify development consent to Development Application No. 604/1997 for the construction of a 2 storey dwelling house by modifying the dwelling including a front addition and minor changes to the roof design on land at 1 Lachlan Drive Winston Hills.
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Ashleigh Matta
Development Assessment Officer
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1View |
S79c Report |
8 Pages |
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2View |
Plans |
1 Page |
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3View |
Locality Map |
1 Page |
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Confidential plans |
1 Page |
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Ashleigh Matta
Development Assessment Officer
REFERENCE MATERIAL
Council (Development) 9 August 2010
Major Applications
09 August 2010
13.1 168 Pennant Street, North Parramatta (LOT 1 DP 743777) (Elizabeth Macarthur Ward).
13.2 3 Mahony Street, Wentworthville
(Lot 123 DP 12452) (Arthur Philip Ward)
13.3 60 Wigram Street, Harris Park
Lot 13 DP 1024791) (Elizabeth Macarthur Ward)
13.4 4-6 Hammers Road Northmead (Lots 8-9 DP 7339) (Arthur Phillip Ward)
13.5 40 Eleanor Street, Rosehill (Lots 29-31 & Lots 41-43 DP 2249) (Elizabeth Macarthur Ward)
13.6 465-483A Wentworth Avenue, Toongabbie
(Lot 1 DP 801715, Lot 141 DP 718761, Lot 13B DP 311951 and Lot 3 DP 621907, Lot
13A DP 311951 and Lot 2 DP 621907) (Caroline Chisholm Ward)
13.7 Former Eastwood Brickworks (Lot 7 DP 270605) (Lachlan Macquarie Ward)
13.8 29-33 Darcy Road Westmead (Lot 10 DP 1150428) (Arthur Phillip Ward)
13.9 3 Campbell Street, Parramatta
(LOT 2 DP 208827) (Arthur Phillip Ward)
MAJOR APPLICATION
ITEM NUMBER 13.1
SUBJECT 168 Pennant Street, North Parramatta (LOT 1 DP 743777) (Elizabeth Macarthur Ward).
DESCRIPTION Tree removal, restoration of an existing heritage cottage, use of the cottage for commercial purposes, subdivision of the allotment to create an additional allotment and the construction of an attached two storey dual occupancy development at the rear of the site with Torrens title subdivision.
REFERENCE DA/786/2009 - Submitted 12 November 2009
APPLICANT/S Mr J Younes
OWNERS Mr J Younes
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The proposal involves building works associated with a heritage item.
EXECUTIVE SUMMARY
The applicant seeks approval for tree removal, restoration of an existing heritage listed cottage, use of the cottage for commercial purposes, Torrens title subdivision of the allotment to create an additional allotment and the construction of an attached 2 storey dual occupancy development at the rear of the site with further Torrens title subdivision.
The cottage at 168 Pennant Street, North Parramatta is listed as a Heritage item of local significance under Schedule 2 of Parramatta Local Environmental Plan 1996 (Heritage and Conservation).
The proposed front allotment that will contain the heritage item will have an area of 392.9m² with the allotment for the dual occupancy development having an area of 508.6m².
The applicant is seeking to utilise the provisions of Clause 17 of Parramatta LEP 1996 (Heritage and Conservation) for the purposes of allowing a commercial use within a residential zone as well as to allow for the subdivision of an under-sized allotment for the purposes of a dual occupancy and to allow the subdivision of land containing the dual occupancy development into under-sized allotments.
Clause 17 states that “…the consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which a heritage item is erected, even though the use would otherwise not be allowed by an environmental planning instrument, if:
(a) it is satisfied that the retention of the building or item depends on the granting of consent, and
(b) the proposed use is in accordance with a conservation management plan which has been approved by the consent authority, and
(c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and
(d) the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and
(e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.
The proposal needs to be able to satisfy the test of each of (a) – (e) above in order for Council to be able to grant its consent to this development. In this instance, it is considered that the proposal satisfactorily addresses the provisions of Clause 17 and it has been demonstrated by the applicant that approval of an otherwise prohibited land use and subsequent subdivision into an under-sized allotment and construction of a dual occupancy on an undersized allotment (and it further subdivision) is required to ensure retention of the heritage building.
The application was submitted with a Heritage Impact Statement and Conservation Management Plan, the latter providing that the proposed development will allow for conservation and use of the heritage item and the new development of dual occupancy will maintain the heritage significance of the building and will be in keeping with the character of the area and sympathetic to the heritage item.
No submissions have been received in respect of this application.
The proposed attached two storey dual occupancy complies with the maximum floor space ratio and building height requirements of Parramatta LEP 2001, and does not adversely compromise the amenity of surrounding properties.
The dual occupancy development is consistent with the scale and form of dwellings in the locality, being a Residential 2B zone and it would be unreasonable to leave the lot with a vacant and derelict single storey heritage listed dwelling with a lack of funds to ensure its restoration and retention. The applicant is relying on the funds from the dual occupancy development to restore the heritage cottage.
The proposed commercial premises is prohibited under the Residential 2B zoning applying to the land. The specific use of the commercial premises will be subject to a future development application. In addition to the restoration of the cottage, a double carport is proposed to be constructed at the rear of the cottage. The applicant has requested that Council use the conservation incentives prescribed by Clause 17 of Parramatta Local Environmental Plan 1996 (Heritage and Conservation) to allow the otherwise prohibited use of a commercial premises on the site, subsequent subdivision into an undersized allotment, construction of a dual occupancy and further subdivision. Clause 17 of PLEP 1996 (Heritage and Conservation) is applicable to this site has been further discussed in the attached Section 79C Assessment Report.
The application has been referred to Council’s Heritage Advisor who has no objections to the proposal.
Accordingly, the application is recommended for consent, subject to conditions. |
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That Council grant consent to Development Application No. 786/2009 for tree removal, restoration of an existing heritage cottage, use of the cottage for commercial purposes, subdivision of the allotment to create an additional allotment and the construction of an attached two storey dual occupancy development at the rear of the site with Torrens title subdivision on land at 168 Pennant Street, North Parramatta as shown on approved plans, for a period of 5 years from the date of the Notice of Determination, subject to conditions of consent contained in Attachment 1.
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Sophia Chin
Development Assessment Officer
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1View |
Section 79C Assessment Report |
74 Pages |
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2View |
Locality Map |
1 Page |
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3View |
Plans and Elevations |
7 Pages |
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Heritage Inventory |
3 Pages |
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Confidential residential floor plans |
1 Page |
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MAJOR APPLICATION
ITEM NUMBER 13.2
SUBJECT 3
Mahony Street, Wentworthville
(Lot 123 DP 12452) (Arthur Philip Ward)
DESCRIPTION Section 96(AA) modification to an approved multi unit development containing 8 townhouses.
REFERENCE DA/2552/2002/B - 24 February 2010
APPLICANT/S Cam Consulting
OWNERS Mr H Poole and Mrs D M Poole
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application is referred to Council as the original application was approved by the Land and Environment Court. The application also seeks retrospective approval.
EXECUTIVE SUMMARY
The application seeks to modify Development Consent No. 2552/2002 under the provisions of Section 96(AA) of the Environmental Planning and Assessment Act.
Approval is sought to modify the application which includes the following:
1. A pedestrian ramp is to be provided to maintain accessibility to the basement garbage room 2. The location of the entry ramp to the basement car park is to be relocated closer to the southern boundary. 3. The basement floor level is to be lowered from FFL 28.71 to FFL 28.425 4. The pedestrian pathway from the street to ground floor has been reshaped from a curved path to a linear. The pedestrian pathway has also been relocated a minimum of 1 metres to a maximum of 2.5 metres from the southern boundary. 5. Condition 1(a) is to be modified from a 1.8 metres lapped and capped timber fence to a 1.8 metres colorbond sheet metal fence. 6. The internal steps within unit 2 has been removed 7. The rear fire escape has been relocated between 200mm to 500mm closer to the southern boundary. 8. The modifications include the construction of a concrete fire stair lid (cover) to the rear fire escape. 9. The FFL of the first floor to units 5 and 6 is to be lowered from RL 35.10 and 35.45 respectively, to RL 35.00 and 35.35 respectively. 10. The modifications include amended roof details which include a change from a hip end roof form for Unit 4 to a gable end roof. 11. A window and door schedule has been provided. 12. The party wall parapets that extended beyond roof ridges have been deleted. 13. The material finishes have been modified from cement render to face brick.
It is noted that modifications 6 to 13 have been undertaken and therefore seeking retrospective approval is being sought for these works. Modification 7 (relocation of the rear fire escape stairs) that has already been undertaken was included in the Construction Certificate issued by Council’s Certification Team. While a degree of variation can be addressed through a construction certificate to allow for the reasonable tolerances of actual construction, the change sought to the rear fire escape stairs is best considered through a Section 96 assessment.
Development Consent No. 2552/2002 granted consent for the construction of a multi-unit development containing 8 townhouses. A subsequent modification DA/2552/2002/A approved internal modifications to Unit 1 to 4.
Two submissions were received raising concerns over the relocation of the pathway and basement entry, the reduction in the setback between the rear fire staircase from the southern boundary, relocation of the garbage area and concerns over the tree planting to the rear of the property.
The proposed modifications will not result in any unacceptable impacts to the amenity of the area. The development as modified by the subject application is substantially the same development as that approved. The proposed modification of the original development consent does not raise any additional issues in respect of compliance with Council’s policies.
Accordingly, approval of the request to modify condition No. 1 is recommended.
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(a) That Council as the consent authority modify Development Consent No. 2552/2002 under the provisions of Section 96(AA) of the Environmental Planning and Assessment Act in the following manner:
1. The development is to be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Reason: To ensure the work is carried out in accordance with the approved plans.
Amend condition No 1 (a) as follows:
The northern boundary fence is to be 1.8 metres and is to be made of colorbond sheet metal. Notwithstanding the above should adjoining property owners prefer 1.8m high sheet metal boundary fencing no objection is raised to this, provided that written agreement from the adjoining property owners is provided to the principal certifying authority Reason: To provide adequate boundary fencing.
(b) And that, the following conditions be added:
1a.) The two Melis Azedarch (White Cedar) trees proposed along the rear boundary are to be replaced with one Lagerstroemia indica and one Magnolia soulngiana.
1b.) The five Acacia Floribunda proposed along the western boundary is to be replaced by Elaecarpus reticulatus and Hymenosporum flarum.
1c.) Only permeable paving is to be used for the southern pathway to maintain the tree protection zone for the oak tree located at 1A Mahony Street.
1d.) Any works within the tree protection zone is to be undertaken by hand. All excavation within 2 metres of a tree protection zone is to be undertaken under the supervision of a suitably qualified arborist. The consulting arborist must supervise all basement excavation work carried out within 7 metres of the English Oak situated on the property at 1A Mahony Street.
(c) Further that, the objectors be advised of Council’s decision.
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Denise Fernandez
Development Assessment Officer
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1View |
Section 79C Report |
15 Pages |
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2View |
Location Plan |
1 Page |
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3View |
Amended Plans |
5 Pages |
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4View |
Original Consent |
10 Pages |
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Confidential plans |
2 Pages |
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REFERENCE MATERIAL
MAJOR APPLICATION
ITEM NUMBER 13.3
SUBJECT 60
Wigram Street, Harris Park
Lot 13 DP 1024791) (Elizabeth Macarthur Ward)
DESCRIPTION To use Unit 4 as a beauty salon including the provision of massage in 2 rooms with associated signage.
REFERENCE DA/447/2010 - Submitted 11 June 2010
APPLICANT/S Designcorp Australia
OWNERS L & D Properties Pty Limited
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application is being referred to Council for determination as the application seeks approval for a beauty salon with 2 massage rooms.
EXECUTIVE SUMMARY
Approval is sought to use the ground floor tenancy as a beauty salon including the provision of massage in 2 rooms. The tenancy has a floor space of approximately 60m² and the proposed use will contain a front room (manicure and pedicure), waxing room, 2 x massage rooms, a standing solarium and a spray on tan room with shower.
There will be 4 staff members employed on site. The proposed hours of operation are between 7.30am to 7.00pm Monday to Wednesday, Friday, Saturday and Sunday, and 7.30am to 9.30pm on Thursdays.
Eight signs are proposed on site which is considered excessive in number and detracts from the visual appearance of the building and the streetscape. The proposed signage is not deemed necessary for the identification of the premises and is contrary to the desired future character of the area. It is considered that the signage be restricted to a maximum of 3 signs.
No submissions were received in response to the notification of this application.
The use of the shop as a beauty salon, with massage (commercial premises) is a permissible land use in the Business zone and satisfies the objectives of the zone contained within Sydney Regional Environmental Plan 28 - Parramatta.
The application was referred to Council’s Community Crime Prevention Officer who raises no concern with the proposal subject to the imposition of a trial period and relevant conditions of consent.
Accordingly, the application is recommended for approval subject to conditions.
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RECOMMENDATION
That Development Application 447/2010 to use Unit 4 as a beauty salon including the provision of massage in 2 rooms with associated signage on land at 60 Wigram Street, Harris Park be approved subject to the conditions of consent in Attachment 1 of this report.
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Kate Lafferty
Senior Development Assessment Officer
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1View |
Section 79C Report |
22 Pages |
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2View |
Plans & Elevations |
6 Pages |
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3View |
Location Map |
1 Page |
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4View |
Community Crime Prevention Officer's Comments |
2 Pages |
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REFERENCE MATERIAL
MAJOR APPLICATION
ITEM NUMBER 13.4
SUBJECT 4-6 Hammers Road Northmead (Lots 8-9 DP 7339) (Arthur Phillip Ward)
DESCRIPTION Consolidation of two allotments, re-subdivision into 3 lots, tree removal and construction of seniors housing development to accomodate 11 villas on proposed lot B.
REFERENCE DA/714/2009 - Submitted 19 October 2009
APPLICANT/S JS Architects Pty Ltd
OWNERS Mr G Chong, Ms K Emerson, Ms J Lee, Mr C Baissari
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application has been referred to Council as the proposal has received more than 5 objections.
EXECUTIVE SUMMARY
The proposal involves the following:
· Consolidation of the two (2) existing allotments; · Re-subdivision of the consolidated site into three (3) allotments. Lot A will be occupied by the 2 storey dwelling that contains a doctors surgery. Lot B will be redeveloped for a seniors living development under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004. Lot C will be occupied by the single storey timber clad cottage; · Lot B (the rear lot) will be accessed by a driveway located at the centre of the frontage between No. 4 and No. 6 Hammers Road. The driveway will also provide access to a new garage located to the rear of the single storey timber clad cottage; and · The proposed seniors living development will comprise 11 x two bedroom villa style dwellings with first floor attics arranged in four separate buildings around a central driveway.
The notification of the application attracted 22 submissions and 3 petitions. The submissions received in relation to the application related to tree removal, building height, drainage/flooding, overshadowing, privacy, waste disposal, traffic, car parking, heritage impacts and area character. The submissions have been assessed and do not warrant refusal of the application.
As the existing dwellings at No. 4 and 6 Hammers Road are heritage items of local significance the application has been reviewed by Council’s Heritage Advisor and is considered to be acceptable. Traffic and parking issues have been addressed in a response from the Roads and Traffic Authority (RTA) and Council’s Traffic and Transportation Engineer and are considered to be acceptable subject to conditions of approval being imposed. Local flooding issues have been considered by Council’s Development Engineer and Catchment Management Section and it is considered that subject to conditions of approval being imposed, the proposal will not result in significant impacts in the locality.
The proposal is generally consistent with the objectives and development controls of the SEPP (Housing for Seniors or People with a Disability) 2004 as well as the relevant provisions of Parramatta Local Environmental Plan 2001, Parramatta Local Environmental Plan 1996 (Heritage and Conservation) and Parramatta Development Control Plan 2005 and there will be no likely unacceptable impacts on adjoining properties.
The proposal does result in non-compliance with Clause 40(4)(c) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, which states that a building located in the rear 25% area of the site must not exceed 1 storey in height. The applicant has submitted a State Environmental Planning Policy No. 1 Objection in relation to this non-compliance. The non-compliance affects two units within the development and the upper level is limited to an attic which under the Standard Instrument for a Local Environmental Plan would not constitute a “storey”. The non-compliance will not result in any unacceptable privacy impacts, overshadowing or excessive bulk in the building form. Accordingly, it is considered that the SEPP 1 Objection is well founded.
This is a long standing application that has been amended several times in response to concerns raised by Council staff and the Town Planning Consultant engaged by Council to finalise the assessment.
Approval of the application is recommended.
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(a) That Council support the variation to Clause 40(4)(c) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, which states that a building located in the rear 25% area of the site must not exceed 1 storey in height, under the provisions of SEPP 1.
(b) That Council as the consent authority grant development consent to Development Application No. 714/2009 for consolidation of two existing allotments, re-subdivision into 3 lots, tree removal and proposed seniors housing development to accommodate 11 villas on proposed lot B (rear lot) with a lapsing period of five (5) years from the date on the Notice of Determination subject to the conditions contained within Attachment 1.
(c) Further, that the objectors be advised of Council’s decision.
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Planning Ingenuity Pty Ltd
Independent Planning Consultants
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1View |
Locality Map |
1 Page |
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2View |
Section 79C Assessment Report |
53 Pages |
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3View |
Plans and Elevations |
1 Page |
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4View |
Heritage Inventory Sheet |
1 Page |
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Confidential plans |
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MAJOR APPLICATION
ITEM NUMBER 13.5
SUBJECT 40 Eleanor Street, Rosehill (Lots 29-31 & Lots 41-43 DP 2249) (Elizabeth Macarthur Ward)
DESCRIPTION Section 96 (1a) modification to approved alterations and additions to a place of public worship.
REFERENCE DA/688/2008/B - Submitted 3 June 2010
APPLICANT/S POZ International Pty Ltd
OWNERS Boch. Shri Akshar-Purushotlam Swam. Boch. Shri Akshar-Purushotlam Swam. Sanstha P/L
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application has been referred to Council as the proposal involves a Place of Public Worship and the parent Development Application was determined at Council.
EXECUTIVE SUMMARY
On 25 May 2009, Council granted approval for the alterations and additions to the existing place of public worship. On 8 January 2010, a Section 96(1A) application was approved to amend the landscaping at the rear of the site.
The modifications proposed in this application include:
1. Modifications to the Building Height, Survey Levels and Floor to Ceiling Heights
· Overall height of the building increased by up to 790mm to facilitate increased floor to ceiling heights, thickness of floors and plant area within the roof space. · The height of the roof has increased by up to 280mm.
2. Modifications to Survey Levels and Floor to Ceiling Heights
· Excavating the building a further 300mm into the ground to assist in facilitating increased floor to ceiling heights throughout the building as outlined as follows: o Ground floor Dining hall - floor to ceiling height increased from 2700mm to 3150mm. o First Floor Assembly hall - floor to ceiling height increased from 3300mm to 3740mm. o First Floor caretakers flat and offices -Floor to ceiling increased from 2400mm to 2700mm. o First Floor thickness increased from 300mm to 500mm
3. Internal Modifications
· Modifications to the floor plan layout to include changes to the toilet and kitchen, donation room, activities room, assembly hall, and first floor offices. · Provision of one disabled car parking space (conversion of an approved space). · Provision of a fire escape passage from the first floor offices to the assembly hall.
4. External Modifications
· Provision of a 1.8m high timber fence/screen to rubbish enclosure. · Modification to the roof shape over the assembly hall as due to the elimination of the columns the trusses have changed shape. · Increasing external wall heights by up to 750mm
5. Deletion of Conditions
· Deletion of Condition 8 of DA/688/2008 as the plans have been amended in accordance with this condition which reads as follows:
8. The first floor balcony (including the five olive trees) proposed along the western elevation is to be deleted, as indicated in red on the approved plans. Reason: To ensure the amenity of the area.
· Deletion of Condition 9 of DA/688/2008 which reads as follows:
9. All first floor windows along the western elevation are to be highlight windows with a minimum sill height of 1.7m above the finished floor level. Reason: To ensure the amenity of the area.
The original application for alterations and additions to the existing place of public worship has been approved to operate Monday to Saturday 7am to 12pm, and 4pm to 8pm with a maximum number of 50 people to be in attendance at any one time Monday to Friday and a maximum number of 80 people to be in attendance on Saturday evenings. On Sundays 7am to 9pm, a maximum number of 500 people are to be in attendance at any one time.
The proposed modifications relate to the approved development application for the alterations and additions to the existing place of public worship. There are no modifications to the approved patron numbers, days/hours of operation, building setbacks and car parking numbers.
The modifications will improve the usability and amenity of the building without unacceptably impacting on the amenity of surrounding properties. The modifications are consistent with the aims and objectives of Sydney Regional Environmental Plan 28 – Parramatta, the Place Of Worship DCP and the Harris Park Development Control Plan.
The application was notified in accordance with Council’s Notification DCP with no submissions being received.
Accordingly, the application is recommended for approval.
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That Council as the consent authority modify Development Consent No. 688/2008 under the provisions of Section 96(1A) of the Environmental Planning and Assessment Act in the following manner:
1. Modify Condition No. 1 to include the following plans:
Reason: To ensure the work is carried out in accordance with the approved plans. |
Sophia Chin
Development Assessment Officer
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1View |
Section 79C Assessment Report |
17 Pages |
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2View |
Locality Map |
1 Page |
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3View |
Plans and Elevations |
10 Pages |
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4View |
DA/688/2008 Operative Consent and Plans |
27 Pages |
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DA/688/2008/A Previous S96 Modification Letter and Plans |
3 Pages |
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MAJOR APPLICATION
ITEM NUMBER 13.6
SUBJECT 465-483A
Wentworth Avenue, Toongabbie
(Lot 1 DP 801715, Lot 141 DP 718761, Lot 13B DP 311951 and Lot 3 DP 621907, Lot
13A DP 311951 and Lot 2 DP 621907) (Caroline Chisholm Ward)
DESCRIPTION Section 96(1A) modification to an approved 3 storey mixed use development containing 7 commercial tenancies and 30 residential apartments.
REFERENCE DA/135/2007/D - 18 June 2010
APPLICANT/S Bhata Investments
OWNERS Dr P J Baird
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application is referred to Council as the original application DA/137/2007 was determined at the Regulatory Council Meeting of 10 March 2008.
EXECUTIVE SUMMARY
The subject application seeks to modify Development Consent No. 137/2007 under the provisions of Section 96(1A) of the Environmental Planning and Assessment Act 1979.
Approval is sought to modify the application which includes the repositioning of the staircase to the substation on the eastern elevation to ensure compliance with the relevant Australian Standards and BCA requirements.
Development Consent No. 137/2007 granted consent for the construction of a 3 storey mixed use development containing 7 commercial tenancies and 30 residential apartments. A subsequent modification DA/137/2007/A approved increasing the number of 3 bedroom units to 16 (previously 12) and reducing the number of 2 bedroom units to 12 (previously 16). DA/137/2007/B approved the inclusion of the stratum subdivision of the approved development and DA/137/2007/C approved the increase in the substation floor levels and changes to the elevation.
No submissions were received during the notification period.
The proposed modifications will not result in any unacceptable impacts to the amenity of the area. The development as modified by the subject application is substantially the same development as that approved. The proposed modification of the original development consent does not raise any additional issues in respect of compliance with Council’s policies.
Accordingly, approval of the request to modify condition No. 1 is recommended.
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(a) That Council as the consent authority modify Development Consent No. 137/2007 under the provisions of Section 96(1A) of the Environmental Planning and Assessment Act in the following manner:
1. The development is to be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Reason: To ensure the work is carried out in accordance with the approved plans.
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Denise Fernandez
Development Assessment Officer
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1View |
Section 79C Report |
8 Pages |
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2View |
Location Plan |
1 Page |
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3View |
Amended Plans |
4 Pages |
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4View |
Original Consent and Plans |
25 Pages |
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Confidential plans |
2 Pages |
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REFERENCE MATERIAL
MAJOR APPLICATION
ITEM NUMBER 13.7
SUBJECT Former Eastwood Brickworks (Lot 7 DP 270605) (Lachlan Macquarie Ward)
DESCRIPTION Construction of 14 dwellings on lots 11-24 in an approved subdivision of Lot 7 DP 270605
REFERENCE DA/425/2010 - Submitted 2 June 2010
APPLICANT/S AVJBOS Eastwood Developments Pty Ltd
OWNERS AVJBOS Eastwood Developments Pty Ltd
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application has been referred to Council as the application seeks variations of greater than 10% to the allotment size/frontage control of clause 38(1)(b), the height control of clause 39(1)(a) and the floor space ratio control of clause 40(1) contained within Parramatta Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.
EXECUTIVE SUMMARY
The application seeks approval for the construction of 14 dwellings in an approved subdivision of Lot 7 DP 270605. The site forms part of the former Eastwood Brickworks housing estate. The subdivision pattern and allotment sizes remain consistent with DA/798/2008/A.
In November 2008 a Planning Circular titled ‘Reporting Variations to Development Standards’ was issued by the Department of Planning. The circular recommended that variations to development standards of greater than 10% should be determined by Council.
The site is subject to the provisions of the Eastwood Brickworks Master Plan which was approved by Council in June 2003. A Master Plan is required under Clause 30 of Parramatta LEP 2001 for sites over 5000m2 to guide future development.
The proposed dwellings are considered acceptable when assessed against the Master Plan that is the primary planning instrument for the site.
The dwellings have been designed taking into consideration the design principles of the Master Plan and achieve consistency in streetscape and are compatible with dwellings previously approved for the site.
The application was notified to adjoining properties and no submissions were received.
Despite the non compliances with the floor space ratio, height, and allotment size requirements of the Parramatta Local Environmental Plan the proposal is consistent with the zone objectives and the Eastwood Brickworks Master Plan. Accordingly the proposal is recommended for approval.
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(a) That Council support the variations to Clause 38(1)(b) – allotment size/ frontage, Clause 39(1)(b) height, and Clause 40(1) – floor space ratio of Parramatta Local Environmental Plan 2001 under the provisions of SEPP 1.
(b) That development application (DA/425/2010) which seeks approval for the construction of 14 dwellings on lots 11-24 in an approved subdivision of Lot 7 DP270605 be approved subject to a conditional consent as outlined in Attachment 1.
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Jonathan Goodwill
Development Assessment Officer
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1View |
Section 79C Assessment Report |
25 Pages |
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2View |
Plans and Elevations |
7 Pages |
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3View |
Locality Map |
1 Page |
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MAJOR APPLICATION
ITEM NUMBER 13.8
SUBJECT 29-33 Darcy Road Westmead (Lot 10 DP 1150428) (Arthur Phillip Ward)
DESCRIPTION Section 96(1A) modification to an approved four storey mixed used development containing a supermarket, 1360m2 of retail floor space and 75 apartments. The modification include the provision of 6 additional apartments (total 81), changes to the internal layout, relocation of flood storage area, and changes to the plant rooms.
REFERENCE DA/829/2007/C - Submitted 10 February 2010
APPLICANT/S Daniel McNamara Planning Solutions
OWNERS Coles Group Property Developments Limited
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application has been referred to Council for determination because the parent Development Application was determined by Council.
EXECUTIVE SUMMARY
On 11 May 2009 Council granted approval for the construction of a 4 storey mixed use development incorporating 75 apartments, retail tenancies, supermarket, and 2 levels of basement car parking. In September 2009 the site was purchased by the current owner, Coles Group Developments Limited. On 16 December 2009 a section 96(1A) application was approved to make minor internal alterations to the development and correct errors in the wording of two conditions.
The subject application seeks approval for the provision of 6 additional apartments (total 81), changes to the internal layout, relocation of flood storage area, and changes to the plant rooms. From an environmental planning perspective the modifications have both short and long term benefits including;
· A reduction in the use of building materials through the deletion of the internal flood storage area; · Reduction in the volume of fill removed from the site through the relocation of the flood storage area and raising the RL of basement level 2 by 700mm; · Improved energy efficiency through the partial natural ventilation of basement level 1; and · Improved mix of housing types throughout the development by the introduction of 1 bedroom apartments where previously only 2 and 3 bedroom apartments were available.
The notification of the application generated 2 submissions. The issues raised in the submissions do not warrant refusal or amendment of the application.
Accordingly, conditional approval of the Section 96 modification is recommended.
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RECOMMENDATION
(a) That Council as the consent authority, modify development consent to Development Application No. DA/829/2007 for, ‘Section 96(1A) modification to an approved four storey mixed use development containing a supermarket, 1360m2 of retail floor space and 75 apartments. The modifications include the provision of 6 additional apartments (total 81), changes to the internal layout, relocation of flood storage area, and changes to the plant rooms’, as shown on the plans submitted with the modification of determination, for a period of 5 years from the date on the original Notice of Determination subject to the modifications to the consent outlined in Attachment 1.
(b) Further, that objectors be advised of Council’s decision.
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Jonathan Goodwill
Senior Development Assessment Officer
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1View |
Section 79C Assessment Report |
20 Pages |
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2View |
Plans and Elevations |
8 Pages |
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3View |
Locality Map |
1 Page |
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Confidential Floor Plans |
3 Pages |
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MAJOR APPLICATION
ITEM NUMBER 13.9
SUBJECT 3
Campbell Street, Parramatta
(LOT 2 DP 208827) (Arthur Phillip Ward)
DESCRIPTION Section 96(2) modification to an approved nine storey mixed use development including increasing the area of the basement and ground floor carparking areas to provide 5 additional spaces (total 46), changes to the internal layout, and changes to the external facade.
REFERENCE DA/955/2005/A - 21 May 2009
APPLICANT/S Mrs L Saade
OWNERS Mrs L Saade
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application has been referred to Council as the original development application to which it relates was determined at a Council meeting.
EXECUTIVE SUMMARY
The proposal involves the following: · increase the number of units from 46 to 54 resulting in change in mix from 4 x 1 brm, 36 x 2 brm and 6 x 3-4 brm to 9 x 1 brm and 45 x 2 brm; · increase the area of the basement and ground floor car parking areas to provide 5 additional spaces (total 46)(note: resolution of manoeuvring issues will reduce parking to 43 spaces); · extension to southern elevation of Levels 2 and 5, increasing total floor area by 59m2, increasing FSR from 3.44:1 to 3.49:1; · changes to the internal layout of units and changes to the external façade.
One submission was received in response to the application relating to geotechnical impacts and the impact of the proposal on ventilation of a basement parking area on an adjoining site. The issues raised can be addressed by way of conditions of development consent and are not considered to warrant refusal of the application.
The proposal has been considered by Council’s Design Review Panel on three occasions and subject to requested amendments to the architectural plans in accordance with comments of the Panel, the proposal is considered to satisfy the design quality principles of SEPP No. 65 – Design Quality of Residential Flat Buildings.
The proposal is generally consistent with the objectives and development controls of the Parramatta City Centre Local Environmental Plan 2007 and Parramatta City Centre Development Control Plan 2007 and there will be no likely unacceptable impacts on adjoining properties.
The proposal results in a shortfall of car parking on the site. According to the City Centre LEP, an additional 10 car parking spaces are required for the proposed additional 8 residential units (based on 1 space per 1, 2 & 3 bedroom dwellings and 1 space for visitors per 5 dwellings). The submitted Section 96 2(A) modification application does not provide parking spaces for the additional 8 residential units.
According to the Mayoral Minutes, dated 17 December 2007 and Council’s resolution of 9 November 2009 regarding a report on ‘Planning Proposal for Housekeeping Amendments to City Centre LEP 2007’, the parking rate provided in the LEP is to be considered as a maximum provision. Council’s Traffic & Transport Engineer concludes that given the site location and nature of the development, the parking provision is acceptable.
Further, it is noted that at the Council Meeting of 26 July 2010, Council resolved that maximum parking standards are applicable for developments that are subject to Clause 22C of the Parramatta City Centre Local Environmental Plan. Accordingly, Council is currently proposing an amendment to the PCCLEP for the parking standard to be regarded as a maximum and is to be forwarded to the Department of Planning.
Accordingly, approval of the application is recommended.
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(a) That Council as the consent authority grant development consent to Section 96 Modification Application DA/955A/2005 which relates to modification to an approved nine storey mixed use development including increase in the number of units from 46 to 54, increasing the area of the basement and ground floor car parking areas to provide additional spaces, changes to the internal layout of units and changes to the external façade.
(b) Further, that, the objector be advised of Council’s decision.
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Planning Ingenuity Pty Ltd
Independent Planning Consultants
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1View |
Section 79C Report |
18 Pages |
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2View |
Locality Map |
1 Page |
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Confidential plans |
16 Pages |
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4View |
Plans and Elevations |
5 Pages |
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5View |
Original Consent and Plans |
25 Pages |
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REFERENCE MATERIAL
