To be Moved by Councillor J D Finn and Seconded by Councillors M D McDermott and P K Maitra:-

RECOMMENDATION

That the resolution of the Council Meeting held on 22 November 2010, regarding, Results of public exhibition of Planning Proposal, Draft DCP and Draft Voluntary Planning Agreement for 2 Morton Street Parramatta namely:-

“ (a)    That Council consider all submissions received and adopt the Planning Proposal for 2 Morton Street, Parramatta subject to the following variations as enabled by Section 58 of the Environmental Planning and Assessment Act 1979:

           1      That the Floor Space Ratio be increased from 1.2:1 to 1.3:1.

2       That the portion of the site to be zoned Waterway be reduced to that area as shown in Attachment 4.

3       That a clause be introduced into the Planning Proposal that for the purposes of calculating FSR, the whole of the site area be included.

(b)      That Council adopt the draft VPA subject to the finalisation of the legal drafting, including the matters raised in this report.

(c)       That upon signing of the Voluntary Planning Agreement, the Planning Proposal as amended be forwarded to the Department of Planning in accordance with Section 59 of Environmental Planning and Assessment Act 1979 and that the Director General make arrangements for the legal drafting of the required LEP amendment.

(d)      That subject to the signing of the Voluntary Planning Agreement, the draft Parramatta Local Environmental Plan 2010 be amended, prior to its finalisation to include the outcomes of the Planning Proposal.

(e)      That Council not carry out a public hearing in respect of the Planning Proposal and the submitters requesting this be notified accordingly.

(f)        That Council adopt the site specific draft Development Control Plan (DCP) for 2 Morton Street, subject to the following amendments, with the DCP to become effective at the date corresponding to the making of the LEP amendment giving effect to the proposal:

1.      That the provision contained in draft Parramatta DCP 2010 with respect to car sharing scheme also apply to this site specific DCP.

2.      That assessment criteria be included in the draft DCP to enable the proper assessment of a development application which proposes development at or adjoining the 1 in 100 year flood line.

3.      That the wording of clause 3.2 be amended to reiterate Council’s preference for tower elements to be located closer to the interface of the foreshore land.

4.      Delete reference to clause 5.1.

5.      That the depth of buildings be measured from glass line to glass line.

6.      Delete clause 5.4 (e).

7.      Remove the 40% landscape requirement and allow for landscaping controls to be a merit assessment with an emphasis on deep soil planting within the Mixed Use zone.

8.      That car parking requirements be amended to be consistent with the draft Parramatta DCP 2010.

9.      That reference to road widening requirement for Morton Street be deleted.

10.    That the specifications for width of the road verge for Morton Street be a 3 metre footpath plus a 3 metre grassed verge.

(g)      That the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents

(h)      Further, that all persons who made submissions be notified of the outcome.”

be and is hereby rescinded. 

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Previous Council Report

113 Pages

To be Moved by Councillor J D Finn and Seconded by P K Maitra and P Esber:-

RECOMMENDATION

That the resolution of the Council Meeting held on 22 November 2010, regarding, Objection to Banning Smoking in Outdoor Dining Areas namely:-

“(a)     That the petition received from business owners and restaurant proprietors be received and noted.

(b)      That the petition received from patrons be received and noted.

(c)       That a policy be taken to allow smoking in outdoor dining areas.

(d)      That broad consultation be carried out over the next 12 months to ascertain whether there is any and, if so, what level of support existing in the business and general community for a ban of smoking in alfresco dining areas owned or controlled by Parramatta City Council such consultation to include:-

           1      Face to face interviews and surveys carried out with     restaurant proprietors;

           2      Face to face interviews and surveys carried out with diners   at both lunch times and dinner times in a large sample of          restaurants;

           3      Surveys conducted in Parramatta Park at the Residents       Panel stand on Australia Day and/or any other appropriate      time and place;

           4      Surveys and interviews to be carried out across a broad age,        social, ethnicity and other demographic sample.

(e)      Further, that the costs of such consultation be taken from the City Centre Economic Development Levy and/or rentals and licence fees received from footpath leases and licences and/or any other appropriate budget.”

be and is hereby rescinded.

PURPOSE:

To provide Council with information each month on development applications determined where there has been a variation in standards under State Environmental Planning Policy No.1 or similar provisions under the standard instrument.

RECOMMENDATION

That the report be received and noted.

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Development Application Variations under SEPP 1 - Approved in October-November 2010

1 Page

PURPOSE:

To seek the appointment of 1 councillor to replace the Lord Mayor, Councillor J Chedid on the Sydney West Region Joint Regional Planning Panel.

RECOMMENDATION

That the Council nominate 1 councillor to replace the Lord Mayor, Councillor J Chedid to represent Parramatta City           Council on the Sydney West Region Joint Regional Planning Panel.

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Information package for Council nominees

10 Pages

PURPOSE:

This report recommends that Council adopt supplementary design principles (Riverbank site controls) for the Riverbank Urban Design Study.  It also seeks Council’s endorsement for the preliminary comments on the Director General’s requirement for 330 Church Street, Parramatta in relation to a proposal by Meriton Apartments to develop the site for a mixed used development.

RECOMMENDATION

(a)       That Council receive and note the report of the Group Manager Outcomes and Development regarding Riverbank site controls and future development of 330 Church Street, Parramatta.

(b)       That Council endorse the response to the Director General, Department of Planning on his requirements relating to the proposed development of 330 Church Street, Parramatta.

(c)       That Council adopt the Riverbank site controls as supplementary provisions to the Riverbank Urban Design Study.

(d)       Further, that Council seek support from the Minister for Planning and Local Members of Parliament for the establishment for a joint assessment process for the proposed development at 330 Church Street, Parramatta.

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Director General requirements

9 Pages

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Riverbank site controls

19 Pages

PURPOSE:

This report summaries the outcomes of the review of the processes associated with the approval of Construction Certificates and the undertaking of building inspections associated with a townhouse development at 3 Mahony Road.  It is recommended that the Council endorse the actions taken.

RECOMMENDATION

(a)       That, the Council endorse the actions taken to date in relation to the improvements for Parra-Certification Services.

(b)       That, a further report be presented to Council by June 2012 on implementation of these improvements.

(c)        Further, that the complainant in this matter also be advised of these changes and improvements.

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Sample of the improved worksheets and checklists.

14 Pages

DATE OF REPORT - 5 November 2010

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council for determination as the application seeks approval to vary the development standard for allotment width at the front alignment of a building by more than 10%.

EXECUTIVE SUMMARY

The proposed development is for the construction of a 2 storey dwelling house with attached granny flat and basement garage on proposed lot 222 in an approved subdivision of Lot 22 DP 217931. Whilst the architectural plans refer to the proposal as a dual occupancy the application has been assessed as a dwelling house and granny flat as the applicant has proposed the development as such and the definitions of dwelling house and granny flat are satisfied.

On 1 June 2009 a development application (DA/908/2009) for demolition of structures and torrens title subdivision of a 1919.8m2 allotment known as No. 5 Thane Street (Lot 22 DP 217931) into 3 allotments was approved under delegated authority. The approved subdivision is for 3 allotments to be known as lots 221, 222, and 223.

The subject site is proposed lot 222 and is located in the centre of the site known as No. 5 Thane Street. The proposed allotment has a front boundary of 13.89m, side boundaries of 50.075m and 49.865m, rear boundary of 11.89m and overall area of 640.5m2.

The application does not comply with the development standard in clause 38(1)(b) of Parramatta LEP 2001 which states that a minimum allotment width of 15m at the front alignment of the building is required for a dwelling house. The allotment has a width of 13.5m at the front alignment of the building. A SEPP 1 objection to support the variation to the development standard was submitted with the application. The proposed building is well designed and will not result in adverse privacy, shading or bulk and scale impacts, and the SEPP 1 objection is worthy of support. 

Proposed lot 222 has not been registered with the Land and Property Management Authority, accordingly the issuing of a deferred commencement consent which requires that the allotment be registered prior to an operative consent being issued is recommended.

No submissions were received in response to the notification of the application and the development is consistent with the zone objectives. Approval of the application is recommended.

RECOMMENDATION

(a)       That Council support the variation to clause 38(1)(b) of the PLEP 2001 under the provisions of SEPP 1.

(b)       Further, that Council as the consent authority grant a deferred commencement development consent to Development Application No. DA/778/2010 for the construction of a 2 storey dwelling with basement style garages and attached granny flat on proposed Lot 222 in an approved subdivision of Lot 22 DP 217931 at No. 5 Thane Street, Wentworthville  NSW  2145 subject to the conditions contained in Attachment 1.

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Section 79C Report

35 Pages

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Locality Map

1 Page

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Plans and Elevations

4 Pages

4

Confidential Floor Plans

1 Page

DATE OF REPORT  8 November 2010

REASON FOR REFERRAL TO COUNCIL

The application is being referred to Council for determination as the proposal seeks a SEPP 1 variation of greater than 10% to Clause 39 ‘Height limits in residential zones’ in Parramatta Local Environmental Plan 2001.

EXECUTIVE SUMMARY

Approval is sought for alterations and additions to the existing dwelling comprising a first floor addition and ground floor deck.

The existing dwelling has a subfloor area greater than 1.2m above NGL and the proposed first floor addition will result in a dwelling that will be three storeys in height as defined by the Parramatta Local Environmental Plan 2001 which exceeds the two storey maximum height prescribed in Clause 39 of the LEP. In accordance with a Planning Circular released by the Department Standards’ variations to development standards greater than 10% should be determined by Council.

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

The subject site adjoins Silverwater Road to the west which is a classified Road. An Acoustic Report was submitted and the application was referred to Council’s Environment and Public Health Team for review. No objection was raised subject to a condition of consent being incorporated into the development consent. 

The proposed works are consistent with the objectives of Parramatta LEP 2001 and Parramatta DCP 2005, and is considered satisfactory in terms of design, bulk and scale, privacy and overshadowing. The proposed additions are appropriately sited without impacting on the streetscape or adjoining properties.

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

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 530/2010 for alterations and additions to an existing dwelling comprising a first floor addition and ground floor deck at 101 South Street Ermington for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained in attachment 1.

Ashleigh Matta

Development Assessment Officer

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Sec 79C report

27 Pages

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Locality Map

1 Page

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Plans & elevations

6 Pages

4

Confidential plans

2 Pages

DATE OF REPORT             8 November 2010

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

The application seeks approval for alterations and additions to an existing dwelling, including the construction of a first floor addition.

The proposed addition results in a dwelling that will be three storeys in height as defined by the Parramatta Local Environmental Plan 2001 thereby exceeding the two storey maximum height permitted under the development standard. In accordance with a Planning Circular released by the Department of Planning in November 2008 on ’Reporting Variations to Development Standards' variations to development standards greater than 10% should be determined by Council.

The non compliance is a numeric non compliance due to the definition of a storey under PLEP 2001. The definition includes any subfloor area greater than 1.2 metres above ground level as a storey. The subfloor foundation area of the existing dwelling protrudes above the natural ground level by a maximum of 1.2m on the western elevation and 1.3m on the eastern elevation. As such the non-compliance is a direct result of the subfloor area that exists below the existing dwelling due to the slope of the allotment.

No submissions have been received in respect of this application.

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

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1.

(b) Further that Development Application No 747/2010 for alterations and additions to an existing dwelling at 27 The Boulevarde, Epping be approved for a period of five (5) years from the date on the Notice of Determination subject to the conditions of consent in Attachment 1.

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Section 79C Report

31 Pages

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Location Map

1 Page

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Plans & elevations

2 Pages

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Shadow Diagram

1 Page

5

Confidential Plan

1 Page

DATE OF REPORT  9 November 2010

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as the original application for the demolition of the existing dwelling and construction of a new 2 storey brick veneer dwelling was approved by Council on 10 December 2007 and due to the number of objections received.

EXECUTIVE SUMMARY

The Section 96 (1A) application seeks approval for the following as built works:

·     The use of timber look aluminium framed windows for the side and rear elevations in lieu of timber framed windows

·     Changes to the internal floor layout, modifying the sizes and location of the bedrooms and tv room on the first floor

·     Raising the floor level of the living room and dining room by 360mm to match the FFL of the rest of the ground floor

·     Deletion of brick piers on rear elevation

·     Use of sheet metal roofing for the rear verandah in lieu of translucent roofing

·     Relocation of the rainwater tank from the side of the dwelling to the front of the dwelling (underground)

The consent for the development has not lapsed as works have commenced on the site, activating the consent.  The modifications have been completed.

The application was notified in accordance with Council’s Notification Policy and eight submissions were received (two letters are from the same objector).

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. With the exception of the aluminium joinery, the modifications do not significantly alter the building footprint of the dwelling and is considered satisfactory in terms of design, bulk and scale, privacy and overshadowing.

The subject site at the time of the original assessment (DA/786/2006) was considered to be included as part of the extension of Epping/Eastwood Conservation Area.

It is acknowledged the subject site does not form part of the Epping/Eastwood Conservation Area, it is within close proximity. Given the relationship to the conservation area the dwelling is required to retain elements of the characteristics of the immediate locality of which the timber windows are a building characteristic.

Given the design of the dwelling and the local characteristics of the streetscape, it is paramount the windows be of timber framed construction to ensure the development will be of a high visual quality and compliment the streetscape.

Two Section 96 Applications have been lodged requesting Council give consideration to modifying the requirement for timber windows to allow aluminum windows which on both occasions have been refused. 

It is therefore recommended that the current modification before Council be supported with the exception of the as installed timber look windows and that a condition be incorporated in the consent to ensure the garage door and all windows to each elevation of the dwelling be timber framed windows as required by the original approval and that a referral be sent to Regulatory compliance for investigation and a PIN for unauthorised works be issued.

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

RECOMMENDATION

(a)     That Council as the consent authority, modify development consent to Development Application No. 786/2006 for the construction of a 2 storey dwelling. The modifications include as-built works comprising, changes to the internal floor layout, raising the floor level of the living room and dining room by 360mm, deletion of brick piers on rear elevation, use of sheet metal roofing for the rear verandah in lieu of translucent roofing, relocation of the raintwater tank on land at 57 Chesterfield Road Epping as shown on the plans submitted with the modification of determination, for a period of five (5) years from the date on the original Notice of Determination and conditions set out in Attachment 1.

(b)     The request to delete condition 41 & 42 is not supported.

(c)     Referral to Regulatory Compliance for investigation and a PIN issued for unauthorised works.

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

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S79C Report

11 Pages

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Locality map

1 Page

3View

Plans

3 Pages

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S79C Report - DA/786/2006

32 Pages

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S79C Report - DA/786/2006/A

12 Pages

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S79C Report - DA/786/2006/B

16 Pages

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Confidential plans

3 Pages

DATE OF REPORT   9 November 2010

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

The application seeks approval for demolition, tree removal and construction of a two storey dwelling house with double garage and attached carport.

Although the proposed dwelling has a ground and first floor for habitable purposes the proposed dwelling will comprise of three storeys as defined by the Parramatta Local Environmental Plan 2001 which exceeds the two storey height limit permitted under the development standard. The non compliance is a technical non compliance due to the definition of a storey under PLEP 2001. The definition includes any subfloor area greater than 1.2 metres above ground level as a storey. The subfloor area of the dwelling protrudes above the natural ground level by a maximum of 1.3m on the eastern elevation of the dwelling. The non-compliance is a direct result of the slope of the allotment.

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

No submissions have been received in respect of this application.

The proposed development is consistent with the objectives contained in the Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005. The dwelling is considered satisfactory with respect to design, bulk and scale. There is sufficient landscaping and open space provided by the proposal. The new dwelling is considered to be appropriately sited without unduly impacting on the streetscape or adjoining properties in terms of privacy or shading.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a)     That Council support the variation to Clause 39 of the PLEP 2001 under the   provisions of SEPP 1.

(b)     Further that Development Application No 815/2010 for demolition, tree         removal and construction of a two storey dwelling house at 25 Angus          Avenue, Epping be approved for a period of five (5) years from the date of the          Notice of Determination subject to the conditions of consent in Attachment 1 of this report

1View

Section 79C Report

38 Pages

2View

Plans

3 Pages

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Shadow Diagram

1 Page

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Location Map

1 Page

5

Confidential Plans

2 Pages

DATE OF REPORT              10^th November 2010

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

The application seeks approval for alterations and additions to an existing dwelling. The proposal involves the enlargement of the first floor to create a main bedroom with walk in dressing area, ensuite and balcony, internal reconfiguration of the ground floor including a new front porch, entry and media room creating an additional 15sqm, refurbishment of existing rendered finish on the ground floor and new rendered sheet cladding on the first floor to match the ground floor and re-roofing of the dwelling with colorbond steel.

The proposed addition results in a dwelling that will be three storeys in height as defined by the Parramatta Local Environmental Plan 2001 which exceeds the two storey height limit permitted under the development standard namely clause 39- Height Limits in Residential Zones. The non compliance is a technical non compliance due to the definition of a storey under PLEP 2001. The definition includes any subfloor area greater than 1.2 metres above ground level as a storey. The subfloor foundation area of the existing dwelling protrudes above the natural ground level by a maximum of 1.5m on the northern elevation and 1.6m on the western elevation. As such the non-compliance is a direct result of the subfloor area that exists below the dwelling due to the slope of the allotment.

No submissions have been received in respect of this application.

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

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1.

(b) Further that Development Application No 813/2010 for alterations and additions to a two storey dwelling house including the enlargement of the first floor at 11 Hera Place, Winston Hills be approved subject to the conditions of consent in Attachment 1 of this report

(c)  That the matter regarding the unauthorised constriction of the deck be referred to Council’s compliance team for investigation and possible enforcement action.

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Section 79C Report

33 Pages

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Plans

1 Page

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Shadow diagrams

1 Page

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Location Map

1 Page

DATE OF REPORT  11 November 2010

REASON FOR REFERRAL TO COUNCIL

The application is being referred to Council for determination at the request of the Group Manager, Outcomes and Development.

EXECUTIVE SUMMARY

The Section 96 (1A) application seeks consent to modify a development consent for construction of a single storey dwelling with detached garage, the modifications sought by the applicant include:

1.   Delete condition 28 which reads as follows:

Works-As-Executed plans shall be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate, certifying that the Finished Ceiling Level is no greater than RL22.945 and the Ridge Level is no greater than RL25.345. The person issuing the Occupation Certificate shall ensure that the Work-As-Executed plans have been prepared by a registered surveyor certifying the accuracy of dimensions, levels etc.

Reason:   To ensure works comply with approved plans.

2.   Modify condition 30 which reads as follows:

A 3.3m high free standing privacy screen (measured from existing ground level) is to be constructed along the northern boundary of the site for a length of 27m (starting from the eastern wall of the garage and ending at the laundry window) as indicated in red on the section 96 plans. The screen is to be of timber lattice or light weight metal construction to reduce the opportunity for overlooking. Any openings in the privacy screen must not exceed 10mm². The screen does not need to extend from ground level but must extend up from the lowest window sill height. The screen is to be structurally sound; constructed independently of the dividing fence no further than 150mm from the fence; and be constructed within 3 months from the date of this consent. The screen shall remain in place at all times.

The privacy screen will require a Construction Certificate and all details must be submitted to the satisfaction of the PCA prior to issue of the Construction Certificate.

Reason:   To minimise the potential for overlooking into the neighbouring properties and protect amenity

The modification sought by the applicant is to amend the wording of condition No.30 to reduce the height of the screen to a maximum of 500mm above the existing fence and reduce the length of the screen to a maximum of 17m.

The consent has been activated as works have commenced on the site. 

The modifications sought are considered to result in a development that is substantially the same as that to which the original development consent relates. The proposed amendments do not change the nature of the original approval, being the construction of a single storey dwelling.

The Section 96 application was notified in accordance with Council’s Notification Policy and one submission was received , a summary of the issues raised are:

§ The submitter requests their previous objection letter to DA/87/2002/A, dated 7 August 2009, be lodged against the current Section 96 Application and that all issues raised be considered in the assessment of DA/87/2002/B.

§ Condition 28 should not be deleted as it is considered the dwelling as-built does not comply with the approval of DA/87/2002.

§ Concerns are raised regarding condition 30; the condition must not be deleted. The proposed 500mm extension does not provide effective privacy. The screen must start below the existing fence level. The openings in the screen must be no smaller than 10mm². The applicant is in breach of 3 month time period and Parramatta City Council should take action to enforce 3month. A construction certificate must be required prior to the screen being constructed.

§ Concern is raised the privacy screen attached to the rear landing has been installed without a construction certificate which was required by condition 31.

The issues raised have been fully considered and do not warrant refusal or further modification of the development.

The likely impacts of the proposed changes to conditions have been assessed. Modifications are considered acceptable to the conditions as outlined in the recommendation, with respect to privacy impacts and the requirements contained within Council’s LEP 2001 and DCP 2005.

Accordingly, the application is recommended for approval subject to the conditions contained in Attachment 1.

RECOMMENDATION

(a) That Council as the consent authority modify development consent No. DA/87/2005/B in the following manner:

1. Condition 28 to be modified to read as follows:

28. The applicant is required to submit to the Principal Certifying Authority prior to the issue of the Occupation Certificate, documentation prepared by a registered surveyor confirming the Finished Ceiling Level and the Ridge Level to AHD to not exceed RL22.945 (ceiling level) and RL25.345 (ridge level).

Reason:            To ensure works comply with approved plans.

2. Condition 30 is to be modified to read as follows:

30. A privacy screen of 500mm in height is to be construction above the finished height of the 1.8m high fence. The fence and privacy screen in combination are to be no less than 2.3m when measured from the finished ground level of 45 Lower Mount Street Wentworthville adjacent to the northern boundary. The screen is to extend from the eastern alignment of the garage to the rear façade of the dwelling house as indicated in red on the approved plans. The screen is to be of either timber lattice or light weight metal construction. Any openings in the privacy screen must not exceed 10mm².

The screen is to be designed and installed so as to be structurally sound. The screen may be attached to the boundary fencing given the fence is constructed wholly within the allotment boundaries of 45 Lower Mount Street Wentworthville and is to be fixed from the side of 45 Lower Mount Street Wentworthville to facilitate maintenance.

The screen is to be constructed within 3 months from the date of this consent.

The screen shall remain in place at all times.

The privacy screen will require a Construction Certificate to be issued prior to the work being undertaken. The construction certificate is to be accompanied by structural engineering plans and specifications addressing the above to the satisfaction of the PCA.

Reason: To minimise the potential for overlooking into the neighbouring properties and protect amenity

3. All other conditions of consent remain unaltered

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

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S79C Assessment Report

21 Pages

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Plans

1 Page

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Locality Map

1 Page

DATE OF                    11 November 2010

REPORT

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as the original application for the demolition, tree removal and construction of a two storey residential dwelling was approved by Council on 28 June 2010.

EXECUTIVE SUMMARY

The Section 96 (1A) application seeks consent to modify the development consent issued for the construction of a house by modifying condition number 6 relating to driveway levels and the 1 in 100yr ARI flood level.

Condition 6 currently states (in part):

          “The level of the driveway providing access between the road and parking       spaces shall be no lower than 0.20m below the 1 in 100yr ARI flood level.”

Strict compliance with the requirements of condition 6 would not permit a car to access the driveway due to the required driveway levels ranging from 150mm to 240mm above the natural ground level of the nature strip.

It is proposed to reword condition 6 as follows:

6.         The level of the driveway providing access between the road and parking spaces shall be no lower than 0.20m below the 1 in 100yr ARI flood level, with an exception for the first two metres from the street boundary to allow for a satisfactory transition.

The rewording would allow for a 2metre transition from the street boundary to a level no less than 0.2m below the 1 in 100yr ARI flood level to facilitate access to the garage.   

The application was notified in accordance with Council’s Notification Policy and no submissions were received.

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.

RECOMMENDATION

That Council as the consent authority, modify development consent to Development Application No. 166/2010 for demolition, tree removal and construction of a two storey residential dwelling in the following manner:

1.    Modification of Condition 6 to read as follows:

6.         The level of the driveway providing access between the road and parking spaces shall be no lower than 0.20m below the 1 in 100yr ARI flood level, with an exception for the first two metres from the street boundary to allow for a satisfactory transition.

            Note 1:   Council will not be liable to any damage to a car parked within this area in a large rain fall event.

            Note 2: The applicant is to check overland flow velocities and flow depths along pedestrian access ways and proposed driveway areas to ensure that flow depths do not exceed the Council maximum allowable 0.2 m depth and that the maximum velocity depth product is no greater than 0.4. The average flood water depth within the front site of the property (at the proposed driveway) based on levels provided is estimated to be approximately 0.64mm for a 1 in 100 year flood event. This does not comply with Section 1.4.1 (f) of Council’s Draft Design and Development Guidelines.

            Reason:   To comply with Council’s Local Floodplain Risk Management                   Policy.

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S79C Assessment Report

9 Pages

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Locality Map

1 Page

DATE OF                    12 November 2010

REPORT

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 lot having an area of 473.9m² with a frontage of 10.365m, which is 14% below the minimum allotment size of 550sqm and 15m site width requirement 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 entitled ‘Reporting Variations to Development Standards’, variations to development standards greater than 10% are to be determined by Council.

9 Joseph Street comprises two lots legally described as Lot 1 DP 455475 & Lot 9 Sec C DP 6844. The proposed dwelling is located on Lot 1 DP 455475. The site currently contains a single residence straddling the two underlaying allotment known collectively as 9 Joseph Street. It is noted that demolition is not proposed at this time but is proposed as part of DA/622/2010 which seeks approval to demolition and construction of a dual occupancy on the adjoining lot (Lot 9 Sec C DP 6844).

Details provided by the Registrar General of the Land and Property Management Authority confirm Lot 1 DP 455475 is the residual lot of Lot 8 Section C DP6844 after Transfer A81790 took place on 24 January 1914.

The application was notified in accordance with Council’s Notification Policy and two submissions were received raising concerns with loss of solar access, privacy, garden and green space; the permissibility of the development; that two separate development applications (DA/647/2010 & DA/622/2010) have been submitted to Council and each are being assessed by a different Assessment Officer; and the subject site failing to meet the allotment width. The issues raised do not warrant refusal or modification of the development.

In reference to DA/622/2010 this application relates to a dual occupancy currently under assessment on Lot 9 Sec C DP 6844. 9 Joseph Street comprises two lots and each lot is subject to a Development Application. As each development application relates to an individual allotment of land there is no legal requirement to reference the adjoining property in the development proposal.

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 2A zone. It has also been demonstrated the existing lot is of sufficient size to accommodate a single dwelling that is of a reasonable size, offering adequate site area for private open space, soft soil, landscaping, building envelope, setbacks and car parking. The proposal will not unduly impact the amenity of surrounding development.

Shadow diagrams submitted with the application indicate the adjoining allotment to the south will receive shading between 9am and 3pm. DA/622/2010 proposes a dual occupancy development on this allotment. Due to the orientation of the site and the permissibility of a two storey development on the site, any overshadowing of the proposed dual occupancy development is considered to be acceptable in this instance, given that the subject development complies with all the relevant numerical controls and is thought to be a desirable future precedent for development within the street.

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.

RECOMMENDATION

(a)       That Council support the variation to Clause 38 of the Parramatta LEP 2001 entitled ‘Minimum allotment sizes and width’ of Parramatta Local Environment Plan 2001 under the provisions of SEPP 1.

(b)       Further, that pursuant to the provisions of S.80(3) of the Environmental Planning and Assessment Act, 1979 the development application DA/647/2010 for the construction of a two storey dwelling house at 9 Joseph Street, RYDALMERE NSW 2116 be granted a Deferred Commencement Consent subject to the conditions of Attachment 1.

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S79C Assessment Report

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Locality Map

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Confidential Plans

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DA/622/2010 (Adjoining allotment) - Confidential plans

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date of report  15^th November, 2010

REASON FOR REFERRAL TO COUNCIL

The application is brought to Council for determination as the development involves works to a heritage-listed building.

EXECUTIVE SUMMARY

Development Application DA/169/2009 seeks consent for the demolition of an extension to a two storey, heritage-listed building and the construction of a new six storey commercial building at 41 Hunter Street, Parramatta (at its intersection with Marsden Street). The occupancy of the new commercial building has not been determined at this time and will be the subject of further development consent. Four at-grade carparking spaces and a loading area originally incorporated into the ground floor level of the building have been replaced by a retail or commercial use to be determined.

No submissions were received following notification and advertising of the proposal.

The DA has been the subject of lengthy discussions between the applicant and Council officers, to improve the quality of the design.

The plans have been amended on a number of occasions, the latest being on 28^th October, 2010. In response to the latest plans, Council’s Urban Designer has provided the following conclusions:

“Background

Urban Design advice dated 30 April 2009 was provided in relation to the original plans.  Following this, amended plans were lodged dated 22 December 2009. 

The general issues raised in the original advice are summarised following:

-     The proposal does not exhibit ‘design excellence’;

-     The proposal has a weak street address;

-     The proposal will not activate the street; and

-     The proposal does not fulfil the design quality intentions of the city centre planning controls.

To address the above issues, some design options were outlined.  These included:

·    Extending the height datum from the heritage item; changing the proportions of the openings in the podium; and inclusion of exposed masonry to relate the architecture of the new building with the heritage building.  This design option also included redesign of the forecourt. 

·    If design option No. 1 could not be achieved, it was suggested the new building should be designed to create a clear break between the old and the new works.  This would allow the podium to be extended to the street to improve activation of the street. 

·    Creation of a taller, slender building

·    Providing slit windows to each landing to the fire stair

·    Making the parapet of the lift run more interesting. 

A resubmission was presented in February this year and the following were the main recommendations made by the Urban Design Unit as the proposal had not changed substantially and still did not exhibit Design Excellence.

·    Redesign of the building to incorporate a smaller upper level footprint and more slender tower. (no change)

·    Removal of the lift core from the street elevation. (no change)

·    Review of the materials and finishes to incorporate lightweight materials and lighter more transparent glass. This is particularly important if the building is not redesigned to incorporate a smaller upper level footprint and more slender tower.  (not changed)

·    Submission of a complete colour and finishes sample board.(not provided)

·    The proposal is not an acceptable outcome for the site.  The applicant should redesign the building to incorporate the recommendations contained in the above advice.  Advice still relevant 8^th November 2010.

RECOMMENDATIONS

The proposal has been submitted once gain with very minor changes. The proposal is not recommended for approval because the previous Urban Design comments have not been properly addressed and because it does not exhibit design excellence.  The following issues are also of concern and should be addressed:

1.   The glass balconies on the ground floor and the first floor do not well activate the building - office uses would provide more activity to the street.

2.   It is unclear why these areas are called balconies as they appear to be fully glazed building parts and the proposal should make clear their purpose and how they will activate the street.

3.   No parking or facility for loading and deliveries is shown for the building.

4.   The ground floor uses have been changed from parking to retail without increasing the ceiling height or changing the plan in any way. This floor height is very low for a ground floor commercial use and could become too low once the air conditioning and services have been included. The driveway has been retained in the plans and the coloured renderings and it is unclear why.

5.   The proposed ground floor retail has no real street address and so would not be lettable in its current form and requires more consideration.

6.   The plant has not been included and should be as it impacts on the overall design.

7.   The materials rendering of the podium level is different on the elevations compared to the coloured rendering and it should be clarified and made consistent.

8.   The original podium material which was off a warm terracotta colour was more harmonious with the heritage building than the current grey granite which has no historical precedent in Parramatta.

9.   The tower shows large expanses of glazing to the north and west without shading treatment. This could create unnecessarily high energy loads on the building during the hot summer months. Explanation should be provided as to why this is considered an appropriate treatment.

10. A proper forecourt plan should be provided including paths landscaping, pavements and proposed fence treatments but this should not be considered until a better building arrangement has been determined.

The attached Section 79C assessment report outlines why the proposal is recommended for consent, notwithstanding the comments of the Urban Design team. In particular, some aspects raised by the Urban Designer are able to be included as conditions in the deferred commencement consent, such as removal of the lift core from the street elevation and a further review of materials and finishes.

Council’s Heritage Adviser has assessed the proposal and concluded:

          “The subject site is listed as an individual heritage item, and it is located in the relative proximity of several other items in the City Centre area.  The        proposal was previously supported with conditions to modify the four-storey       addition, and this matched the assessment of the Parramatta City Heritage    Committee. The current form of the proposal is a modification of that           originally proposed, fully in accordance with the recommendations.  I thus    have no objection to the proposal in its current form.”

Council’s Traffic Engineer has reviewed the DA based on there being no parking provided on-site and raises no objections to the proposal.

Subject to conditions of consent and a deferred commencement consent being issued in relation to Railcorp’s requirements relating to geotechnical and construction precautions, the proposal is considered acceptable as it is consistent with the aims and objectives of Parramatta City Centre LEP 2007 and its development control plan.

The proposal is satisfactory in terms of bulk, scale and design and will maintain heritage values through retention of the heritage building on the site.

RECOMMENDATION

(a)       That Council, as the consent authority, grant a deferred commencement consent, pursuant to Section 80(3) of the Environmental Planning & Assessment Act, 1979 for the demolition of an addition to a two storey heritage-listed building and the construction of a six storey commercial building at 41 Hunter Street, Parramatta, subject to the conditions of consent outlined in Attachment 1 of this report.

(b)       Further, that Railcorp be advised in writing of Council’s decision.

Alan Middlemiss

Senior Development Assessment Officer

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Section 79C Assessment Report

36 Pages

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Locality Map

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Railcorp submission & concurrence

16 Pages

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Plans & Elevations

12 Pages

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Heritage Inventory Sheet

1 Page

DATE OF REPORT  2^nd November, 2010

REASON FOR REFERRAL TO COUNCIL

This application is brought to Council for determination as the parent DA was determined by Council.

EXECUTIVE SUMMARY

The proposal involves the following:

·           A living room window to ground floor Unit B7 is proposed to be increased in size from a 850mm wide x 2.143 metres high awning window to a 1.981 metres wide x 2.143 metres high sliding window;

·           The louvre to Unit B7 is proposed to be amended to be reduced in size from 1.635 metres wide to 1.4 metres wide;  

·           A living room window to first floor unit B14 increased in size from a 850mm wide x 2.143 metres high awning window to a 1.981 metres wide x 2.143 metres high sliding window;

·           Louvre to Unit B14 is proposed to be amended to be reduced in size from 1.635 metres wide to 1.4 metres wide.

Building B is located immediately adjacent and to the west of the existing childcare centre at 234 Windsor Road and is a two storey building approved for 14 independent living units, comprising one, two and three bedroom units.

No submissions were received in response to the advertising and notification of application. No issues arise from the proposed modifications in terms of loss of views, sunlight or privacy. There will be no additional height, nor floorspace increase.

As the site contains a heritage item of State significance, the application was referred to Council’s Heritage Adviser for consideration, where the following conclusions were reached:

          “The subject site is heritage listed in the State Heritage Register and the      Parramatta Council’s LEP Schedule of Heritage Items. However, the      item of heritage interest includes only the two figures etched into rock by       sparrow picking, located at the far back of the property.

          The Salvation Army retirement village "The Willows" has been built on         much of the site, at some distance from the carvings. 

          The retirement village is not part of any historical or otherwise significant      site configuration, but a facility created in the recent decades. The      proposed changes to it will thus not have any effect on the heritage      values of the place.”

The proposal is consistent with the objectives and development controls of Parramatta Local Environmental Plan 2001, Parramatta LEP 1996 (Heritage & Conservation) and their respective Development Control Plans and there will be no likely adverse impacts on adjoining properties or other residents of ‘The Willows’.

Accordingly, approval of the application is recommended.

RECOMMENDATION

That Council as the consent authority, modify development consent to No. 703/2008 for the expansion of ‘The Willows’ retirement village at 226           Windsor     Road, Winston Hills, comprising additional accommodation and   facilities to the    senior's village, Strata subdivision, site works and tree removal as shown on   the plans submitted with the modification of determination in the following        manner:

Modify Condition 1 in the following manner:

(i)                  delete reference to Plan DA1.02(C) drawn by Young & Metcalf and dated     24^th July, 2009 and replace it with Plan DA1.02(D) drawn by Young & Metcalf and dated 6^th October, 2010.

(ii)                 delete reference to Plan DA1.10(D) drawn by Young & Metcalf and dated     1^st October, 2009 and replace it with Plan DA1.10(E) drawn by Young & Metcalf and dated 2^nd August, 2010.

(iii)                delete reference to Plan DA1.11(D) drawn by Young & Metcalf and dated 26^th September, 2009 and replace it with Plan DA1.11(E) drawn by Young & Metcalf and dated 2^nd August, 2010.

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Section 79C assessment report

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Locality map

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Heritage inventory sheets

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Site plan & elevations

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Original DA assessment report

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S96 assessment report (A)

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S96 assessment report (B)

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Confidential floor plans

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DATE OF REPORT  4^th November, 2010

REASON FOR REFERRAL TO COUNCIL

This application is brought to Council for determination as the parent DA was determined by Council.

EXECUTIVE SUMMARY

The proposal involves the reconfiguration of accommodation types within the village by providing an additional 32 aged care beds within the RACF, deleting 17 hostel units from the top floor of that building, changes to the building footprint (increased floorspace of 176m²) and the removal of 13 carparking spaces and the relocation of 2 visitor spaces from ground level to basement level. Other aspects of the proposal include:

Basement

-     Kitchen added into basement (relocated from approved location on Level 1)

-     Lift relocation;

-     Plant room relocation;

-     Outdoor seating dining addition;

-     WC relocation;

-     Car park reduction to suit kitchen (35 spaces reduced to 24): and

-     Bus turning bay provided.

Ground Floor

-     ‘Low Care’ unit / Dementia specific unit locations altered;

-     Relocation of visitor carparking spaces;

-     Relocation of ambulance car park;

-     Entry, foyer and admin reconfiguration resulting in increased floor area; and

-     Removal of all western facade balconies.

First Floor

-     Floor use changed from ‘High Care Extra Service’ to Concessional Beds / Extra Service Beds’;

-     Removal of all west balconies;

-     Removal of existing kitchen in existing serviced apartment (relocated to proposed basement level); and

-     Introduction of double bed rooms.

Second Floor

-     Independent Living Units removed (17 in total);

-     Addition of 28 ‘Extra Service’ beds;

-     Addition of small function centre;

-     Reconfiguration of floor plan resulting in increased floor area; and

-     Removal of facade decking.

The proposed changes will result in an increased gross floor area for the RACF from 6,868m² to 7,044m². The number of beds in the RACF increases from 60 to 92. This is mostly achieved by the replacement of the 17 independent living units on the upper level with RACF beds. The basement carparking will reduce the overall number of spaces from 35 to 24 including two visitor spaces which will be relocated from the ground floor to the basement resulting in a nett loss of 13 spaces. The reduction is considered acceptable as the demand for carparking spaces associated with high care facilities is less than in the case of independent living units. The RACF will provide 92 beds, and have 14 staff members, therefore the minimum carparking required floor this building is 9.2 spaces plus 7 spaces = 16. On this basis, the proposal is considered acceptable and complies with the requirements of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

The existing RACF is located immediately adjacent and to the west of the existing community facilities building and is a part 3/ part 4 storey building approved for low and high care accommodation for residents. This facility is to provide 24 hour nursing and personal care for senors who are less independent or frail and who have been assessed by the Aged Care Assessment Service and will provide medical, rehabiltative and restorative care. The building is located near the centre of the site and is completely surrounded by other existing or future development forming part of ‘The Willows’.

The building was approved for 60 beds over the ground and 1^st floor levels, plus 17 hostel rooms at 2^nd floor level and ancillary facilities outlined in the original DA. A basement carpark was approved, capable of accommodating 35 cars.

One submission was received in response to the advertising and notification of the application. No issues arise from the proposed modifications in terms of loss of views, sunlight or privacy and the issues raised in the submission are not sufficient enough to warrant either refusal or modification of the application. There will be no additional height, nor significant floorspace increase. 

As the site contains a heritage item of State significance, the application was referred to Council’s Heritage Adviser for consideration, where the following conclusions were reached:

          “The subject site is heritage listed in the State Heritage Register and the      Parramatta Council’s LEP Schedule of Heritage Items. However, the      item of heritage interest includes only the two figures etched into rock by       sparrow picking, located at the far back of the property.

          The Salvation Army retirement village "The Willows" has been built on         much of the site, at some distance from the carvings. 

          The retirement village is not part of any historical or otherwise significant      site configuration, but a facility created in the recent decades. The      proposed changes to it will thus not have any effect on the heritage      values of the place.”

The proposal is consistent with the objectives and development controls of State Environmental Planning Policy (Housing for Seniors or Persons with a Disability) 2004, Parramatta Local Environmental Plan 2001, Parramatta LEP 1996 (Heritage & Conservation) and their respective Development Control Plans and there will be no likely adverse impacts on adjoining properties or other residents of ‘The Willows’.

Accordingly, approval of the application is recommended.

RECOMMENDATION

(a)       That Council as the consent authority, modify development consent No. 703/2008 for the expansion of ‘The Willows’ retirement village at 226 Windsor Road, Winston Hills, comprising additional accommodation and facilities to the senior's village, Strata Subdivision, site works and tree removal with the modifications as shown on the plans submitted with the modification of determination being works relating to the  Residential Aged Care Facility (RACF) including the provision of an additional 32 beds, removal of 17 hostel units, internal changes and reducing the number of carparking spaces by 13, as outlined in Attachment 1.

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Section 79C Assessment Report

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Locality Map

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Heritage Inventory Sheets

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Plans & Elevations

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Original s79C report

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Section 79C (A) report

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Section 79C (B)

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DATE OF REPORT 19 November 2010

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

This Section 82A Review application seeks Council’s reconsideration of its refusal to grant consent for the Section 96(2) Modification to DA/582/2005 for the refurbishment of the Patent Kiln building for residential use to accommodate 10 dwellings, demolition of the mill building and construction of part 5 and part 6 storey building, accommodating 41 dwellings over basement car parking for 83 vehicles and landscaping.   Modifications include the internal reconfiguration of Kiln and Mill buildings and the modifications to the basement car parking. The original Development Application was refused by Council on 11 October 2010 for the following reason:

“That the application be refused due to the impact on the heritage items.”

The proposal has not been modified following the refusal; but additional supportive documentation has been submitted demonstrating that the proposed modifications do not adversely impact on the heritage significance of the site. This view is supported by Council’s Heritage Advisor.

The review of determination was notified in accordance with Council’s Notification Development Control Plan between 3 November 2010 and 17 November 2010, no submissions were received.

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

RECOMMENDATION

(a)       That Council change its determination and approve Development Application 582/2005/E for the Section 96(2) Modification to DA/582/2005 for the refurbishment of the Patent Kiln building for residential use to accommodate 10 dwellings, demolition of the mill building and construction of part 5 and part 6 storey building, accommodating 41 dwellings over basement car parking for 83 vehicles and landscaping.   Modifications include the internal reconfiguration of Kiln and Mill buildings and the modifications to the basement car parking on land at 37 Midson Road, Eastwood, subject to the conditions of consent in Attachment 1 of this report.

(b)       Further, that the person who lodged a submission in respect of the S96(2) application be advised of Council’s determination of the application.

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Section 82A Assessment Report

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Locality Map

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Previous Section 79C Assessment Report

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Section 96 Plans

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Approved Plans

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Section 96 Floor Plans - Confidential Plans

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Approved Floor Plans - Confidential Plans

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DATE OF REPORT - 5 November 2010

REASON FOR REFERRAL TO COUNCIL

The application is presented to Council for determination as the original development application was determined by Council.

EXECUTIVE SUMMARY

On 12 November 2007 Council approved a development application for the demolition of a dwelling and the construction of a single storey 40 place child care centre with hours of operation of 7.00am to 6.00pm Monday to Friday.

On 4 June 2009 Parramatta Council issued a construction certificate for the approved development. Demolition works were carried out in October 2009 and the slab for the child care centre was poured in July 2010. The construction of the child care centre is nearly complete.

During the construction process it is not unusual for issues to be identified with the approved plans and for opportunities to improve the design of a development to be identified. Issues identified during the construction of the child care centre include compliance with the fire separation requirements specified in the Building Code of Australia and the requirements of the ‘Shade for child care services’ document that was published by the NSW Cancer Council and the NSW Department of Health.  In response to these issues a section 96 application has been lodged to make the following modifications to the approved plans.

·    Provision of 800mm long blade walls on each corner of the building to provide fire protection for window openings;

·    Change the orientation of the stairs on the northern side of the rear verandah to accommodate the blade wall on the corner of the building;

·    Removal of internal wall that separates the dining room from the storage area;

·    Increase the size of the shade cloth in the playground from 11m2 to 90m2; and

·    Change the windows on the side elevations to fire rated glass blocks.

The change to the stairs on the northern side of the rear verandah, changing the windows on the side elevations to fire rated glass block and the removal of the internal wall that separates the dining room from the storage area have been constructed. Whilst the shell of the child care centre is complete an inspection of the site on 8 November 2010 revealed that construction of the driveway and car park located in the front setback area had not commenced.

No submissions were received in response to the notification of the application. The modifications to the development are minor and will have minimal impact on the amenity of adjoining properties. The modifications do not raise any issues with respect to compliance with the provisions of Parramatta DCP 2005 and the Child Care Centres DCP. Approval of the application is recommended.

RECOMMENDATION

(a)     That Council as the consent authority, modify development consent No. DA/191/2007 for the construction of a 40 place child care     centre. The modifications include; addition of blade walls for fire protection, internal alterations, change side windows to glass blocks, increase in the size of the shade structure in the play area, as shown on the plans submitted with the modification of determination, as outlined in Attachment 1.

(b)     Further that the application be referred to Regulatory Compliance for    investigation and possible issue of a Penalty Infringement Notice given that   works were carried out without prior development approval being obtained.

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Section 79C Assessment Report

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Locality Map

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Plans and Elevations

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DATE OF REPORT - 11 November 2010

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council for determination as it involved works to a heritage listed building. 

EXECUTIVE SUMMARY

The existing building is a heritage listed Federation Queen Anne Style Bungalow. A partially covered bitumen carpark for 6 cars and a metal shed is located to the rear of the allotment with access to Raymond Lane. The site was previously used as the headquarters for Motorcycling NSW Limited.

Two hour ticketed parking is available on the High Street frontage of the site. A recently constructed 3 storey residential flat building is situated at No. 69 High Street. The single storey heritage listed dwelling located at No. 65 High Street is used by the Sydney West Area Health Service as a Youth Health Service Centre.

Details of the proposal are as follows:

·    Use of the building as a business premises providing counselling services with hours of operation of 9:00am to 5:00pm Monday to Friday. The premises will provide employment for four full-time staff and three part-time staff.

·    Demolition of an existing disabled access ramp to the rear of the building and replacement with a new ramp with a maximum gradient of 1:14.

·    Construction of two ramps inside the building to facilitate disabled access.

·    Conversion of store room located at the rear of the building into a disabled bathroom.

The premises will be used by Relationships Australia NSW for the provision of counselling and case work to support Australians who grew up in orphanages, children’s homes, institutions, and foster care. The service will provide telephone and face-to-face counselling and casework, as well as a drop-in facility for clients to access computers and network with each other. Therapeutic group programs and life-skills workshops will also be offered.

The application has been reviewed by Council’s Heritage Advisor who raised no objections to the proposal.

No submissions were received in response to the notification of the application. Previous approval (DA/1214/2004) has been granted for the use of the site as an office, the use of the site for counselling services is unlikely to increase the impact of the development on adjoining properties which include a 3 storey residential flat building and a Youth Health Service Centre. The development is for minor works and the use of the premises to provide counselling services would have minimal impact on the amenity of the area. Approval of the application is recommended.

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 789/2010 for the ‘Installation of new disabled access ramps and change of use to a business premises providing counselling services‘, on land at No. 67 High Street Parramatta subject to the conditions of consent in Attachment 1.

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Section 79C Assessment Report

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Locality Map

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Heritage Inventory Sheet

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DATE OF REPORT  27 October 2010

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the proposal seeks a variation of greater than 10% to ‘Clause 22C – Car Parking’ in Parramatta City Centre Local Environmental Plan 2007.

EXECUTIVE SUMMARY

The application seeks approval for rear ground floor additions to the existing three storey building, resulting in an increase of 9 square metres in total floor area. Use of the building as a non licensed restaurant with associated signage is also sought. The proposed hours of operation are 7:00am to 12:00 midnight Monday to Friday, 9:30am to 12:00 midnight on Saturdays and 11:00am to 12:00 midnight on Sundays.

It is noted that this is a long standing application in which numerous amendments have been made to the proposal including a significant reduction in seating capacity down from 542, and deletion of the originally proposed additions to the third floor.

Following final amendments by the applicant, the maximum proposed seating is 200. A condition is recommended to reduce seating to 198 for the reasons outlined in the attached report.

The application seeks a variation to Clause 22C – Car Parking under Clause 24 –Exceptions to Development Standards of Parramatta City Centre Local Environmental Plan 2007. The proposal increases the floor space by 9.3m² to the ground floor to allow for adequate disabled access, and provides for four parking spaces within the site. As the proposal involves an increase in the gross floor area, the required amount of parking spaces for the site as a whole is 32. Given that the proposal provides for 4 parking spaces, a variation of greater than 10% to Clause 22C – Car Parking of Parramatta City Centre LEP 2007 is being sought.

Council at its meeting on 17 December 2007 resolved that parking rates contained in the Parramatta City Centre LEP 2007 are to be adopted, strictly as maximum rates.

Accordingly, it is considered that the application can be supported given that proposed development will contribute to the long term objective of providing limited car parking within the CBD to encourage the use of Public Transport, as resolved by Council.

On-street parking facilities within close proximity to the site are available and patrons can rely on the public transport network system available to the City Centre.

The proposed development is considered to be consistent with the objectives of the B4 Mixed Use Zone which include:

·    Providing a mixture of compatible land uses. The use as a restaurant is compatible with the surrounding uses.

·    Integrating suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling. The proposed development is appropriately located near public transport.

·    To create opportunities to improve the public domain and pedestrian links within the Mixed Use Zone. The proposed restaurant permits overlooking opportunities for natural surveillance onto the public domain.

·    To support the higher order Commercial Core Zone while providing for the daily commercial needs of the locality. The restaurant is an appropriate use in the locality and caters for the daily needs of the local community.

One submission was received in response to the notification of this application requesting that appropriate measures be undertaken during construction works to ensure that debris and noise are appropriately managed, and to prevent damage and maintain appropriate access to adjoining properties.  These concerns can be appropriately addressed through conditions of consent.

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

RECOMMENDATION

(a)     That Council support the variation to Clause 22C – Car Parking under Clause          24 –Exceptions to Development Standards of Parramatta City Centre Local       Environmental Plan     2007.

(b)     That Council as the consent authority grant development consent to        Development Application No. 270/2010 for rear ground floor additions to the      existing building and use as a non licensed restaurant, with associated signage      on land at 399 Church Street, Parramatta subject to the conditions contained           within Attachment 1. 

(c)        Further, that objector be notified of Council’s decision.

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Section 79c Report

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Locality Map

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Plans and Elevations

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DATE of report   10 November 2010

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as the original application was approved at the 8 March 2010 Regulatory Council meeting.

EXECUTIVE SUMMARY

The application seeks to modify Development Consent No. 105/2009 under the provisions of Section 96(1A) of the Environmental Planning and Assessment Act.

Approval is sought to modify the application in the following manner:

1.   The patio to the front of both units has been deleted and the internal foyer extended.

2.   The living room/family room sliding door on the eastern, western and northern elevation has been reduced in size to a width of 2.6 metres from the approved 4.23 metres.

3.   The width of the kitchen window on the western and eastern elevation has increased in size from 900mm to 2.09 metres.  

4.   Deletion of the Juliet balcony to the rear to both units, the deletion to the rear courtyard side walls and the realignment of the roof line involved the recessing of the roof area, which originally protruded 300mm from the rear wall of the ground floor to accommodate the Juliet balconies, so that it would be flush with the rear wall of the ground floor.

5.   The laundry door and W4 on both units replaced with a sliding door.

6.   The dividing wall between the study and family room on the first floor of Unit 2 deleted and relocated Bedroom 1 window towards the rear.

7.   The colour finishes have been modified by the use of dark roof tiles and grey external finishes ensuring a compatible colour scheme with the streetscape. 

8.   The inclusion of Door Window 7 to the window schedule as it was not included in the approved plans.

9.   Replaced the column on the balcony to Unit 2 with a rendered brick column.

10. Front façade parapets to be shown correctly on First floor plan.

The proposed modifications have been completed and therefore retrospective approval is sought.

No submissions were received following the notification of the modifications.

Development Consent No. 105/2009 granted consent for the construction of an attached 2 storey dual occupancy development with Torrens title.

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, particularly privacy, bulk and scale.

Accordingly, approval of the request to modify condition No. 1 is recommended.

RECOMMENDATION

(a)       That Council as the consent authority modify Development Consent No. 2552/2002 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.

(b)       That the application be referred to Regulatory Compliance for investigation and possible issue of a Penalty Infringement Notice given that the works were carried out without prior development approval being obtained.

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Section 79C Report

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Location Plan

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Amended Plans

3 Pages

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Original Consent

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Approved plans under DA/105/2009

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Previous Council Report

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Confidential plans (amended and original)

5 Pages

DATE OF REPORT  12 November 2010

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

This Section 82A Review application seeks Council’s reconsideration of its refusal to grant consent for the demolition, tree removal and the construction of a 2 storey attached dual occupancy development.

The original development application was refused under delegated authority by the Group Manager, Outcomes and Development on 16 March 2010 for the following reasons:

1.         The proposed development is inconsistent with the aims and objectives of the Residential 2(b) zoning applying to the land as the proposed works do not enhance the amenity and characteristics of the established residential area and the building form incorporating two double garages as the street façade is not in character with the surrounding built environment.

2.         The proposed dual occupancy is not consistent with the requirements of Sections 4.2.1 – Streetscape and Section 4.5.1 – Parking and Vehicular access of Parramatta Development Control Plan 2005 as the garages are greater than 50% of the street elevation and are not setback 300mm behind the front building line and dominate the street elevation. In this regard, the proposed double garages will adversely impact upon the visual appearance of the dwelling house and upon the streetscape amenity.

3.         The proposed dual occupancy is not consistent with the requirements of Section 3.1 of Parramatta Development Control Plan 2005 as the rear setback of Dwelling A does not achieve compliance with the 30% requirement.

4.         The principles of CPTED (Crime Prevention Through Environmental Design) have not seen satisfied within the design in accordance with Section 4.4.2 of Parramatta Development Control Plan 2005. In this regard, the garages are dominant in the streetscape and the entries to both dwellings are obstructed from the view of the street. The elements of natural surveillance and guardianship are compromised due to the proposed design which is contrary to CPTED principles.

5.      The proposed development is contrary to the public interest.

Amended plans were received with the Section 82A Review indicating the following amendments:

·    Increased front setback of the proposed dual occupancy

·    1^st floor of the southern dwelling brought forward toward the street and over the garage

·    Reduction in length of both dwellings

·    Internal changes to the southern dwelling due changes to upper storey

·    Modified building façade

The amended plans have not satisfactorily addressed the previous reasons for refusal.

Six submissions were received in respect of this application. The issues raised within those submissions relate to potential overlooking, overshadowing, impacts on the character of the area, garage dominance, impacts on the existing easement and on the sewerage capacity of the existing infrastructure, impacts upon pedestrian and traffic safety and reduction of market value of property. The majority of the issues raised in the submissions do not warrant refusal of the application. The issues have been discussed in detail within the Section 79C assessment report contained at Attachment 1.

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

RECOMMENDATION

(a)       That Council uphold its determination and refuse Development Application DA/8/2010 for the demolition, tree removal and the construction of a 2 storey attached dual occupancy development on land at 74 Tintern Avenue, Telopea for the reasons contained in Attachment 1 of this report.

(b)       Further, that the persons who lodged submissions be advised of Council’s determination of the application.

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Section 82A Assessment Report

36 Pages

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Locality Map

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Plans & Elevations

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Previous Section 79C Assessment Report

16 Pages

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Applicant's Statement of Environmental Effects

29 Pages

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Confidential Plans

2 Pages

DATE OF REPORT 15 October 2010

REASON FOR REFERRAL TO COUNCIL

This application is being referred to Council due to the number of submissions received.

EXECUTIVE SUMMARY

The application seeks approval for demolition of the existing shed and carport, the removal of five trees on site, alterations to the existing dwelling and the construction of a new two storey dwelling to create an attached dual occupancy development.

Alterations to the existing dwelling to include the conversion of the existing study to a ground floor balcony, the construction of a window to the laundry and alterations to the front of the dwelling to include the reconfiguration of the front entrance and the construction of a single garage.

The proposed two storey dwelling will consist of a ground floor containing a lounge room, dining room, kitchen, living room, laundry and bathroom.

The first floor will contain three bedrooms including a master bedroom with an ensuite, a bathroom, study and TV room. A first floor balcony will be attached to bedroom 3 and will front the street.  A single garage will be attached to the dwelling.

Subdivision of the site into two Torrens title allotments is also sought.

Six individual submissions and one petition with nine signatures were received in response to the notification of this application. Accordingly, an on-site meeting was held on 4 September 2010 in which concerns were raised with respect to the potential loss of significant landscape; the potential for overlooking; the potential for overshadowing; inappropriate architectural integration between the two buildings; potential overdevelopment of the site; the accumulative impact of traffic and on-street parking; inconsistency and insufficient details provided on plans; garage dominance and Council’s inconsistency in rejecting applications at the counter on the basis of implementing the policy for the Handling of Unclear, Insufficient and Amended Development Applications.

Amended plans have been received to address concerns raised with regard to BCA issues by providing a single garage for each unit, increased private open space area to provide for a variation of not less than 10% of the required 100 square metres for each unit, a reduction in finished floor levels to the proposed dwelling by 350mm, better roof integration between the existing and proposed dwelling to provide for an appropriate streetscape presentation, amended plans to address the potential loss of significant landscape and stormwater management.

The likely impacts of the proposed development have been assessed and the amended plans are considered to have appropriately addressed the concerns raised with regard to the original application. 

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

RECOMMENDATION

(a)     That Council as the consent authority grant a deferred development consent to        Development Application No. 454/2010 for the retention of the existing single      storey dwelling, demolition of the existing shed and carport, the removal of five         trees on site, alterations to the existing dwelling and the construction of a new two storey dwelling to create an attached dual occupancy development on       land           at 18 Elder Road, Dundas subject to the conditions contained within       Attachment 1. 

 (b)    Further, that submitter’s be notified of Council’s decision.

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Section 79c Report

65 Pages

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Locality Map

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Plans & Elevations

7 Pages

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Confidential Floor Plans

3 Pages

DATE OF REPORT 19 November 2010

BACKGROUND

A report on this application was considered at the Regulatory Council Meeting on 8 November 2010 where it was resolved that:

“That the matter be deferred to the next Council (Development) Meeting on 6 December 2010 for staff to provide a further report with possible grounds for refusal.”

In accordance with this recommendation the application has been further reviewed. It is considered that the application warrants approval in accordance with the recommendations contained in the Regulatory Council report considered at the Council meeting on 8 November 2010. Notwithstanding this if Councillors are still of the mind to refuse the application the following conditions are provided in accordance with the resolution.

1)The applicant has failed to demonstrate that the application would satisfy the requirements of the Affordable Housing SEPP 2009 as agreement has not been reached with a community housing provider.

2)The development results in unacceptable opportunities for overlooking into adjoining properties.

3) The applicant has not satisfactorily demonstrated that the development satisfies the provisions of clause 101 of Infrastructure SEPP 2007 in regards to air quality.

4) The proposal exhibits poor urban design.

5) As an annotation on the basement plan states’ potnetial lift’ the development does not provide satisfactory access for all from the basement carpark to the ground floor.

6)The proposal is not in the public interest.

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 460/2010 for the construction of 2 x 2 storey buildings containing a total of 18 residential units over basement car parking under SEPP (Affordable Rental Housing) 2009 on land at 124-130 Kissing Point Road, Dundas subject to the conditions contained within Attachment 1. 

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Previous report to 8 November 2010 Regulatory Council Meeting

64 Pages

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Previous report to 8 November 2010 Regulatory Council Meeting confidential attachment

3 Pages

DATE OF REPORT – 15 November 2010

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council for determination as the original development application was determined by Council and the proposal relates to a sex services premises.

EXECUTIVE SUMMARY

The use of No. 26 George Street, Clyde as a commercial brothel containing 6 work rooms was approved at the Council meeting of 13 March 2006. The section 96(2) application seeks to modify the approved plans for DA/820/2005 in the following manner:

1.   The staff meals room located on the ground floor level near the common entry has been converted into a managers office.

2.   The managers office has been converted into a private client waiting room.

3.   The layout of the bathroom in the disabled waiting room has been modified to comply with disabled access requirements. A hand rail has been provided next to the closet pan and a low height sink with lever operated mixer tap has been installed.

4.   The shower in the disabled work room No. 6 has been replaced with a hobless shower.

5.   The reception desk at the entrance has been removed.

6.   The combined store room/linen/archive room/laundry has been converted into three separate rooms being a staff waiting room, laundry room, and storage room.

7.   A sink has been added to the staff dressing room on the first floor level.

The works have been carried out.

The application has been reviewed by the NSW Police Force and Council’s Crime Prevention Officer who both raised no objection to the application.

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

The internal modifications to the premises will not increase the environmental impact of the existing brothel which is located in an industrial area as no external changes are proposed, no increase in operating hours are proposed and no increase in sex workers or rooms is proposed. Approval of the application is recommended.

RECOMMENDATION

(a)       That Council as the consent authority modify development consent No. 820/2005, “To use the existing premises as a commercial brothel containing 6 work rooms” on land at No. 26 George Street Clyde by making the following amendments to the development consent:

Replace condition No. 1 with the following revised condition:

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

No construction works (including excavation) shall be undertaken prior to the release to the Construction Certificate.

Note:              Further information on Construction Certificates can be obtained by contacting Customer Service on 9806 5518.

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

(b)     Further that the application be referred to Regulatory Compliance for    investigation and possible issue of a Penalty Infringement Notice given that   works were carried out without prior development approval being obtained.

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Section 79C Assessment Report

8 Pages

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Locality Map

1 Page

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Section 96 Plans

4 Pages

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DA Approved Plans

2 Pages

DATE OF REPORT – 16 November 2010

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council for determination as Boronia Park is a Crown reserve. The management of Boronia Park has been devolved to Council under Section 48 of the Local Government Act 1993.

EXECUTIVE SUMMARY

Approval is sought to use Boronia Park, Epping on Sundays 12 December 2010, 11 December 2011 and 9 December 2012 for a “Carols in the Park” event to be run as a community event by the combined churches of Epping and Carlingford and Epping Rotary. The event is to commence at 5pm, with pre-carols events including amusements, and face painting. Five food stalls will be erected and families are encouraged to bring their own picnics. The carol singing programme is to commence at 7.30pm and end at 9.05pm with a 10 minute fireworks display to follow. The carols event will involve a 25 piece concert band and 40 person choir. It is anticipated that 8,500 people will attend the event.

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

The proposed use is a temporary use and does not fall within the identified permissible uses under the land use table for the 6A Public Open Space zone, but is a use permitted by the Sportsground and Parks Plans of Management (POM) which apply to the park. Further, pursuant to clause 50 of LEP 2001, temporary uses may be granted consent subject to satisfying the provisions of the clause, which the application does. The proposal is consistent with the objectives and controls of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005. The proposal is also consistent with the provisions of State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007.

Conditions of consent have been recommended to ensure damage to landscaping is remediated, to provide for an accessible toilet and to ensure removal of the structures at the end of the event.

Accordingly, the application is recommended for approval.

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 816/2010 for the use of Boronia Park for a “Carols in the Park” community event on Sundays 12 December 2010, 11 December 2011 and 9 December 2012, at No. 37A Bridge Street, Epping, subject to the conditions of consent in Attachment 1.

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Section 79C Assessment Report

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Locality Map

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Site Plan

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date of report  8^th November, 2010

REASON FOR REFERRAL TO COUNCIL

This application is brought to Council for determination due to the number of submissions received.

EXECUTIVE SUMMARY

The proposal involves the demolition of existing residential buildings and structures on the site and the construction of  2 x 2 storey residential flat buildings comprising 13 dwelling units over a 13 space basement carpark.

Nine submissions were received, including a petition signed by 44 local residents of Russell Street (located to the north of the site on the opposite side of Windsor Road) and a submission from the State Member for Baulkham Hills, the Hon Wayne Merton on behalf of a local resident (who also made an individual submission). The objections relate primarily to issues relating to safe egress onto Windsor Road, pedestrian safety and general traffic and parking. The issues are addressed in the Section 79C Assessment Report (Attachment 1) and are not considered sufficiently adverse to warrant refusal of the application.

The proposal has been considered by Council’s Urban Designer and the proposal is considered to be of appropriate design quality, with Council’s Urban Designer concluding:

          ‘The residential flat building for 13 affordable units is readily understood from        Woodlands Road and protects the existing mature trees adjacent to Windsor Road. The proposal provides standard passive surveillance of Woodlands     Road from the habitable rooms. The buildings are consistent with large houses      and of a style that resonates with the existing surrounding development.’

The Roads and Traffic Authority of NSW, Council’s Traffic and Transport Engineer, Landscape Officer and Heritage Adviser did not raise any concerns with the proposal.

The proposal complies with the prescribed requirements of State Environmental Planning Policy (Affordable Rental Accommodation) 2009. In particular, the proposal satisfies the key development controls of FSR, height, landscaped area, carparking, dwelling size and deep soil.

The proposal is consistent with the objectives and development controls of State Environmental Planning Policy (Affordable Rental Accommodation) 2009 and there will be no likely unacceptable impacts on adjoining properties.

Accordingly, approval of the application is recommended.

RECOMMENDATION

(a)     That Council as the consent authority grant development consent to        Development Application No. 531/2010 for the demolition of existing residential          buildings and structures on the site and the construction of two x two storey    residential flat buildings comprising 13 dwelling units over a 13 space basement carpark at 254 Windsor Road and 1-3 Woodlands Street, Baulkham Hills, for a        period of five years from the date on the Notice of Determination subject to the      conditions contained within Attachment 1. 

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

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Section 79C assessment report

81 Pages

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Locality map

1 Page

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Plans & elevations

8 Pages

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Confidential plans & elevations

4 Pages

To be Moved by Councillor M D McDermott

That appropriate Council Staff liaise with the Parramatta Historical Society and report to Council on the celebration of the Sesqui-Centenary of the Parramatta Municipal Council.

This report should detail the appropriate level of celebration that should take place in terms of noting this event.

BACKGROUND

The Municipality of Parramatta was proclaimed by Sir John Young, Governor in Chief of NSW, on the 27th Day of November 1861. An election of Aldermen was conducted at Parramatta Court House on the 20th of December 1861.  The 150^th anniversary of this event will be celebrated next year.

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Background information

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