Agenda of Council (Development)

COUNCIL CHAMBERS

The Lord Mayor Clr John Chedid – Elizabeth Macarthur Ward

Dr. Robert Lang, Chief Executive Officer - Parramatta City Council

Sue Coleman – Group Manager City Services			Assistant Minutes Clerk – Joy Bramham
Greg Smith – Group Manager Corporate			Minutes Clerk – Grant Davies
Sue Weatherley–Group Manager Outcomes & Development

Clr Paul Barber – Caroline Chisholm Ward			Clr Lorraine Wearne - Lachlan Macquarie Ward
Clr Mark Lack – Elizabeth Macarthur Ward			Clr Paul Garrard - Woodville Ward
Clr Glenn Elmore – Woodville Ward			Clr Scott Lloyd – Caroline Chisholm Ward
Clr Pierre Esber– Lachlan Macquarie Ward			Clr Andrew Wilson – Lachlan Macquarie Ward
Clr Prabir Maitra – Arthur Phillip Ward			Clr Andrew Bide – Caroline Chisholm Ward
Clr Julia Finn – Arthur Phillip Ward	Clr Michael McDermott, Deputy Lord Mayor - Elizabeth Macarthur Ward	Clr Antoine (Tony) Issa, OAM – Woodville Ward	Clr Chiang Lim– Arthur Phillip Ward

Staff

GALLERY

Council (Development) 14 March 2011

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council - 28 February 2011

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 Rescission Motions

7.1 Smoking Ban

7.2 Planning Proposal to Amend the City Centre LEP - Parking Standards

8 Economy and Development

8.1 Variations to Standards under SEPP 1

9 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

10 Reports - Domestic Applications

10.1 1 Garland Avenue, Epping
LOT 1, DP 862533

10.2 3 Trumper Street, Ermington
(Lot B DP 380688)

10.3 7 Smythe Street MERRYLANDS NSW (Lot 1 DP777243) (Woodville Ward)

10.4 12 Atkins Road, Ermington
(Lot 297 DP 16170) (Lachlan Macquarie Ward)

11 Reports - Major Applications

11.1 221 Guildford Road & 66 Marian Street, GUILDFORD
Lot D & E DP 356632 (Woodville Ward)

11.2 Fennell Street Carpark, 431 Church Street,Parramatta
(Lot 1 DP 998949) (Arthur Phillip Ward)

11.3 32 Mobbs Lane, Carlingford
(LOT 1 DP 39354)(Lachlan Macquarie Ward)

11.4 25 Talbot Road, Guildford NSW 2161

12 Notices of Motion

12.1 Budget Review for Pool Entries

13 Closed Session

13.1 Legal Matters Monthly Report to Council

This report is confidential in accordance with section 10A (2) (g) of the Local Government act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

14 DECISIONS FROM CLOSED SESSION

15 QUESTION TIME

Council (Development) 14 March 2011 Item 7.1

RESCISSION MOTION

ITEM NUMBER 7.1

SUBJECT Smoking Ban

REFERENCE F2004/10350 - D01874318

REPORT OF Councillor M D McDermott

To be Moved by Councillor M D McDermott and seconded by Councillors P Esber and J D Finn

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.

Note: A notice of motion to rescind the above decision was submitted to the council meeting held on 6/12/2010 and was subsequently lost under minute number 11987.

Attachments:

There are no attachments for this report.

Council (Development) 14 March 2011 Item 7.2

RESCISSION MOTION

ITEM NUMBER 7.2

SUBJECT Planning Proposal to Amend the City Centre LEP - Parking Standards

REFERENCE F2009/01706 - D01876044

REPORT OF Councillor G J Elmore

To be Moved by Councillor G J Elmore and Seconded by Councillors M D McDermott and P J Garrard

RECOMMENDATION

That the resolution of the Council Meeting held on 28 February 2011, regarding, Planning Proposal to Amend the City Centre LEP - Parking Standards namely:-

“That the Council having considered the submission adopt the planning proposal (Attachment 1) subject to the word “maximum”, where it appears, being altered to read “minimum” and forward to the Department of Planning for finalisation and making of the plan amendment.”

be and is hereby rescinded.

Attachments:

1 View

Previous Council Report

18 Pages

Council (Development) 14 March 2011 Item 8.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.1

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D01874300

REPORT OF Manager Development Services

PURPOSE:

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

RECOMMENDATION

That the report be received and noted.

REPORT

In accordance with the reporting requirements prescribed in Planning Circular

PS 08-014 issued by the NSW Department of Planning, three (3) development applications were determined where there has been a variation in standards under SEPP 1 or similar provisions under the Standard Instrument, during the period February 2011.

Louise Kerr

Manager Development Services

Attachments:

1 View

Development Application Variations under SEPP 1 - Approved in February 2011

1 Page

REFERENCE MATERIAL

Council (Development) 14 March 2011 Item 10.1

DOMESTIC APPLICATION

ITEM NUMBER 10.1

SUBJECT 1 Garland Avenue, Epping
LOT 1, DP 862533

DESCRIPTION Demolition, tree removal and construction of a two storey dwelling house

REFERENCE DA/795/2010 - Submitted 6 October 2010

APPLICANT/S Mr S K T You & Mrs G Y You

OWNERS Mr S K T You & Mrs G Y You

REPORT OF Manager Development Services

18^th January 2011

REASON FOR REFERRAL TO COUNCIL

The matter is referred to Council as more than five (5) submissions were received

EXECUTIVE SUMMARY

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

Thirty eight (38) submissions were received from 26 individuals objecting to the proposal. The application was notified on two occasions where certain individuals objected to both notification periods resulting in a total of 38 submissions being received. The proposal was referred to an on site meeting giving the initial notification period resulted in 26 submissions from 24 individuals which was held on 14^th December 2010. A summary of the issues raised in written submissions and the onsite meeting include: The building style, mass, bulk and density will compromise heritage value, streetscape and character of the area, privacy, tree removal, view loss, aesthetic impacts, lot size (below the minimum 550sqm required as per LEP 2001), potential conservation area, landscaped area, building height, external finishes, overshadowing, inconsistent with federation houses and Californian bungalows which are prevalent in the Epping/Eastwood area and garage dominance.

The proposal seeks a SEPP 1 variation to Clause 38 ‘Minimum allotment sizes’ in Parramatta Local Environmental Plan 2001 as the dwelling house proposed in this application will be located on an allotment of land that has an area of 523m². This represents a 5% variation to clause 38 that requires dwelling houses to be constructed on land that has a minimum site area of 550m2 where the lot is a non-battleaxe allotment.

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

The proposal is compliant with all other LEP 2001 and DCP 2005 controls.

The proposed dwelling has been amended whereby the roof pitch has been lowered, obscure glazing has been provided to the rear first floor windows and an awning over rear ground floor windows and as such is consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005. The proposal is satisfactory with respect to design, bulk and scale, privacy and overshadowing. The site is not heritage listed nor in the vicinity of heritage items and is not located within a conservation area. There is sufficient landscaping and open space areas provided as part of the proposal. The new dwelling is 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 38 of Parramatta Local Environmental Plan 2001 under the provision of SEPP 1.

(b). That the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is well founded, grant development consent to Development Application No. DA/795/2010 for the demolition, tree removal and construction of a 2 storey dwelling house at 1 Garland Avenue, EPPING NSW 2121 for a period of five (5) years from the date on the Notice of Determination subject to the conditions of consent contained in attachment 1.

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

Michael Tully

Development & Certification Officer

Attachments:

1 View	Section 79C Report	53 Pages
2 View	Location Map	1 Page
3 View	Plans	4 Pages
4	Confidential plan	1 Page

REFERENCE MATERIAL

Council (Development) 14 March 2011 Item 10.2

DOMESTIC APPLICATION

ITEM NUMBER 10.2

SUBJECT 3 Trumper Street, Ermington
(Lot B DP 380688)

DESCRIPTION Alterations and additions to a single storey dwelling house, including a first floor addition.

REFERENCE DA/973/2010 - Submitted 29 November

APPLICANT/S Cape Cod Australia Pty Ltd

OWNERS Mrs R Davis and Mr C K Cambell-Davis

REPORT OF Manager Development Services

DATE OF REPORT 8^th February 2011

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 addition of the first floor to create three (3) bedrooms, recreation room with associated deck and bathroom creating an additional 66sqm of floor area.

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 contained in 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 1.3m on the south eastern 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 973/2010 for alterations and additions to a single storey dwelling house including the addition of a first floor at 3 Trumper Street, Ermington be approved subject to the conditions of consent in Attachment 1 of this report.

Michael Tully

Development & Certification Officer

Attachments:

1 View	Section 79C Report	37 Pages
2 View	Locality Map	1 Page
3 View	Plans	2 Pages
4	Confidential plans	3 Pages

REFERENCE MATERIAL

Council (Development) 14 March 2011 Item 10.3

DOMESTIC APPLICATION

ITEM NUMBER 10.3

SUBJECT 7 Smythe Street MERRYLANDS NSW (Lot 1 DP777243) (Woodville Ward)

DESCRIPTION Demolition, tree removal and construction of a two storey dwelling house.

REFERENCE DA/943/2010 - Lodged 22 November 2010

APPLICANT/S Eden Brae Projects

OWNERS Mr I T Lay

REPORT OF Manager Development Services

DATE OF REPORT 8 February 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 minimum allotment size control outlined in Clause 38 of Local Environmental Plan 2001. The application is accompanied by a SEPP 1 Objection.

EXECUTIVE SUMMARY

The application seeks approval for demolition, tree removal and construction of a two storey dwelling house.

The dwelling house proposed in this application will be located on an allotment of land that has an area of 469.1m². 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 SEPP 1 objection is considered worthy of support, given the subject site was subdivided for residential development in 1988 and strict compliance with the standard would render the site undevelopable.

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. The dwelling is considered to be appropriately sited without unduly impacting on the streetscape or adjoining properties.

Four submissions have been received in respect of the application. The issues raised within the submissions relate to Floor Space Ratio, rear setback, privacy, bulk and scale, light and ventilation. The application complies with the design controls of Parramatta Development Control Plan 2005 and all issues raised in the submissions have been discussed in detail within the Section 79C assessment report contained at Attachment 1.

Accordingly, the application is recommended for approval.

RECOMMENDATION

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

(b) That Development Application No 943/2010 for demolition, tree removal and construction of a two storey dwelling house at 7 Smythe Street, Merrylands be approved subject to the conditions of consent in Attachment 1 of this report.

(c) Further, that the objectors be advised of Council’s determination of the application.

Ashleigh Matta

Development Assessment Officer

Attachments:

1 View	Section 79C Report	34 Pages
2 View	Locality map	1 Page
3 View	Plans	3 Pages
4	Plans (Confidential)	3 Pages

REFERENCE MATERIAL

Council (Development) 14 March 2011 Item 10.4

DOMESTIC APPLICATION

ITEM NUMBER 10.4

SUBJECT 12 Atkins Road, Ermington
(Lot 297 DP 16170) (Lachlan Macquarie Ward)

DESCRIPTION Alterations and additions to a dwelling house, including an upper floor extension to create a 3 storey dwelling.

REFERENCE DA/907/2010 - 11 November 2010

APPLICANT/S Modum Pty Limited

OWNERS Mr & Mrs Pelders

REPORT OF Manager Development Services

DATE OF REPORT 17 February 2011

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(1) 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 a dwelling house, including an upper floor extension to create a 3 storey dwelling.

Although the completed works will result in a ground and first floor for habitable purposes, the dwelling will comprise of three storeys as defined by Parramatta Local Environmental Plan 2001 thus exceeding the two storey height limit permitted under the development standard of Clause 39(1). The non compliance is a technical non compliance due to the definition of storey under PLEP 2001. The definition includes any area greater than 1.2 metres above ground level to be a storey. The existing garage area located below the dwelling protrudes above the natural ground level by more than 1.2m. The non-compliance is a direct result of the slope of the allotment and the design of the existing dwelling.

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

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 has a satisfactory design, bulk and scale as the first floor addition is setback from the front building line, thus resulting in minimal impact on the streetscape or amenity of adjoining properties in terms of privacy or shading.

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

RECOMMENDATION

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

(b) Further, that Council as the consent authority grant development consent to Development Application No. DA/907/2010 for the alterations and additions to a dwelling house at 12 Atkins Road, ERMINGTON NSW 2115 for a period of five (5) years from the date on the Notice of Determination subject to the conditions of consent in Attachment 1 of this report.

Nicholas Clarke

Development Assessment Officer

Attachments:

1 View	S79C Assessment Report	32 Pages
2 View	Location Map	1 Page
3 View	Plans & Shadow Diagram	3 Pages
4	Confidential Plan	3 Pages

REFERENCE MATERIAL

Council (Development) 14 March 2011 Item 11.1

MAJOR APPLICATION

ITEM NUMBER 11.1

SUBJECT 221 Guildford Road & 66 Marian Street, GUILDFORD
Lot D & E DP 356632 (Woodville Ward)

DESCRIPTION Demolition, tree removal and construction of a 2 storey residential flat building containing 12 units over basement car parking under the Affordable Housing SEPP.

REFERENCE DA/641/2010 - 9 August 2010

APPLICANT/S R Issac

OWNERS W Isaac, R Bernadette and R Isaac

REPORT OF Manager Development Services

DATE OF REPORT 15 February 2011

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 a 2 storey residential flat building comprising 12 dwelling units over a 17 space basement carpark. The development proposes 6 units to be allocated for the purposes of affordable housing. The application is made pursuant to the Affordable Housing SEPP.

Twenty-seven individual submissions and 1 petition with 71 signatures have been received. The objections relate primarily to issues relating to, parking and traffic, bulk and scale, intensification of the site, pedestrian safety and overland flow. The issues are addressed in the Section 79C Assessment Report (Attachment 1) and are not considered sufficiently adverse to warrant refusal or further modification 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 stating that:

‘The new housing units have a contemporary design with a well composed elevation to the street. Passive surveillance is provided with apartment living areas and balconies directly addressing the street frontages. The pedestrian entry and mailboxes are clearly located on Marian Street with good street address, whilst the driveway runs along the northern boundary. New trees in the front setback will reinforce the existing landscape setting.’

The proposal is defined as in-fill affordable housing under the Affordable Rental Housing SEPP and is a permissible land use under the provisions of the SEPP. Accordingly, 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, landscaping, 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.

While the density of the development is higher than that permitted under PLEP 2001 for this site, the site is located opposite a service station on Marian Street and is close to the Guildford Town Centre. In this context, the design and density of the development is considered to be appropriate.

Accordingly, approval of the application is recommended.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. 641/2010 for demolition, tree removal and construction of a 2 storey residential flat building containing 12 units over basement car parking at 221 Guildford Road and 66 Marian Street, Guildford, 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.

Denise Fernandez

Development Assessment Officer

Attachments:

1 View	Section 79C Report	67 Pages
2 View	Location Plan	1 Page
3 View	Plans and Elevations	3 Pages
4	Confidential Plans	4 Pages

REFERENCE MATERIAL

Council (Development) 14 March 2011 Item 11.2

MAJOR APPLICATION

ITEM NUMBER 11.2

SUBJECT Fennell Street Carpark, 431 Church Street,Parramatta
(Lot 1 DP 998949) (Arthur Phillip Ward)

DESCRIPTION Section 96(1A) modification to an approved installation of a mobile food van.

REFERENCE DA/523/2008/A - 13 December 2010

APPLICANT/S Design Cubicle

OWNERS Parramatta City Council

REPORT OF Manager Development Services

DATE OF REPORT

16 February 2011

REASON FOR REFERRAL TO COUNCIL

The previous Development Application was determined at the Regulatory Council Meeting on 9 June 2009 and the application relates to land that Council owns.

EXECUTIVE SUMMARY

The application seeks retrospective approval for the following amendments to the approved development known as Harry’s Café de Wheels:

· Relocation of seats and increase in number of seats from 12 to 16

· Amendment to design of accessibility ramp;

· Relocation of garbage storage area;

· Provision of removable bollard to allow access for garbage collection and deliveries; and

· Reduction in the approved parking spaces from 4 to 3 due to relocation of garbage storage area. It is intended to delete the staff parking space and retain the 3 customer parking spaces.

The changes sought require the modification of condition No’s. 1 (identifying the approved plans), 33 (specifying the number of seats) and 39 (specifying the number of parking spaces).

One submission to the application has been received raising concerns with ongoing noise from the use. It would appear from signage at the site that the operators of the van have not complied with their conditions of consent and have been operating late at night 7 days a week. This has resulted in noise problems for the neighbours as is evidenced by this objection. Whilst the current modifications will not result in any changes to the operation that would be likely to result in noise issues and as such are appropriate, it is also appropriate that Council take action to ensure compliance with the hours of operation. Such compliance would address the noise and behaviour concerns of the objector. A recommendation to this effect is included in this report.

The site is part zoned B4 and Special Purpose 2 under Parramatta City Centre LEP 2007 (PCCLEP). The existing use is defined as a takeaway food and drink premises and is permissible in the B4 zone, but prohibited in the SP2 zone of Parramatta City Centre Local Environmental Plan 2007 (PCCLEP). However, pursuant to clause 26 a use may be permitted where that use is permitted on adjoining zoned land prior to the land becoming a classified road, and as such the existing use is permitted with consent. The proposed modifications are consistent with the objectives and controls of PCCLEP, with the exception of the parking requirements of clause 22C, with the reduction in parking from 4 to 3 spaces resulting in a non-compliance of 1 space. The variation is considered acceptable given the location of the site of the diner, which is immediately adjoining an existing Council car park. The car park will provide for adequate parking for any customers that cannot find parking within the allocated spaces. The proposal is consistent with the relevant requirements of Parramatta City Centre Development Control Plan.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council as the consent authority modify Development Consent No. 523/2008 for erection and use of a Harry’s Café de Wheels diner at 431 Church Street, Parramatta by the replacement of conditions 1, 33 and 39 with the attached conditions.

(b) That the objector be advised of council’s decision.

(c) Further, that Council’s Development Control Team investigate whether the operators of the Harry’s Café de Wheels diner are operating within the approved hours of use.

Kerry Gordan

Consultant Town Planner

KGPS

Attachments:

1 View	Section 79C Report	10 Pages
2 View	Locality Map	1 Page
3 View	Plans and Elevations	2 Pages
4 View	Original Council report for Harry's Cafe de Wheels	31 Pages

Council (Development) 14 March 2011 Item 11.3

MAJOR APPLICATION

ITEM NUMBER 11.3

SUBJECT 32 Mobbs Lane, Carlingford
(LOT 1 DP 39354)(Lachlan Macquarie Ward)

DESCRIPTION Demolition, tree removal and construction of a 3 storey attached dual occupancy with Torrens title subdivision

REFERENCE DA/690/2010 - 27 August 2010

APPLICANT/S Applicant - Champion Homes Sales Pty Ltd

OWNERS Mr D B Mogale, N Mogale, V Halyal & C Halyal

REPORT OF Manager Development Services

DATE OF REPORT 17 February 2011

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 3 storey dual occupancy with Torrens title subdivision.

The proposed building will partially comprise of 3 storeys as defined by Parramatta Local Environmental Plan 2001, which exceeds the 2 storey height limit permitted under the development standard of Clause 39. The non compliance is a technical non compliance due to the definition of a storey under LEP 2001. The definition includes any area greater than 1.2 metres above ground level as a storey.

In this regard the proposal for the new building will create a partial third storey element given that part the subfloor area protrudes between 1.2m to 1.3m above natural ground level on a portion of the development, being part of the eastern elevation. The subfloor exceeds the height restriction by up to 10cm for a length of 0.8m on the eastern elevation.

One submission has 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 building has a satisfactory design, bulk and scale. There is sufficient landscaping and open space provided by the proposal. The new dual occupancy is appropriately sited without unduly impacting on the streetscape or amenity of adjoining properties in terms of privacy or overshadowing.

The application proposes to create a stormwater easement through the adjoining Fred Spurway Reserve.

Accordingly, the application is recommended for approval subject to conditions vide a deferred commencement consent to create an easement.

RECOMMENDATION

(a) That Council support the variation to Clause 39 of Parramatta Local Environmental Plan 2001 under the provisions of SEPP 1.

(b) Further that Council, as the consent authority grant development consent to Development Application DA/690/2010 for demolition, tree removal and construction of a 3 storey dual occupancy with Torrens title subdivision on land at 32 Mobbs Lane, Carlingford by the granting of a deferred commencement consent under Section 80(3) of the Environmental Planning and Assessment Act, 1979 subject to the conditions contained in Attachment 1.

Kate Lafferty

Senior Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 79C Report	48 Pages
2 View	Locality Map	1 Page
3 View	Plans & Elevations	7 Pages
4 View	SEPP 1 Objection	8 Pages
5	Confidential Plans	3 Pages

REFERENCE MATERIAL

Council (Development) 14 March 2011 Item 11.4

MAJOR APPLICATION

ITEM NUMBER 11.4

SUBJECT 25 Talbot Road, Guildford NSW 2161

DESCRIPTION Section 96 (AA) modification to a court approved 28 place child care centre on the ground floor and office units on the first floor.

REFERENCE DA/1270/2004/D - 2 November 2010

APPLICANT/S Mr S Nour

OWNERS Mr S Nour and Mrs T Nour

REPORT OF Manager Development Services

DATE OF REPORT

18^th February 2011

REASON FOR REFERRAL TO COUNCIL

The Section 96 application has been referred to Council as the original development application was approved by the Land and Environment Court.

EXECUTIVE SUMMARY

Approval is sought for modifications to a Court approved development consent for a 28 place child care centre on the ground floor and office units on the first floor. Demolition and excavation works have occurred on site. The proposed modifications are as follows:

· Increase the ceiling height of the first floor office from 2.7m to 3m, increasing the most recently approved RL height of the parapet from 35.715 to 36.015;

· Alterations to the floor layout of the ground floor childcare centre;

· Internal alterations to first floor to facilitate “commercial use”;

· Alterations to windows on all elevations;

· Replacement of a wheelchair platform with a ramp at the front of the premises;

· External door on the northern elevation to facilitate the servicing of air conditioning units.

The use of the ground floor as a “centre based child care service” was approved under the original development application. No actual use of the first floor has been approved under any previous development consent. The use of the first floor would be the subject of a future development applicant assessment.

The application was notified in accordance with Council’s Notification DCP and one confidential submission was received. The concerns raised have been addressed in the attached 79C Report and do not warrant refusal or modification of the application.

The height of the building parapet is only 85mm higher than the original Court approved height of the development and the development remains under Council’s 9m height requirement for low density areas.

The proposed development is subordinate to the neighbouring Local Heritage Item at 23 Talbot, as the proposed modified development remains lower in height and there is no increase to floor area. It is also noted that Council at its meeting held on 12 February 2007 granted approval to the demolition of the heritage item and construction of a 2 dwelling house over basement car parking.

The proposed window modifications will not have an adverse impact on privacy (visual and acoustic) as they comprise of glass blocks which can not open.

The internal layout changes satisfy the requirements of the Parramatta City Council Child Care Centres Development Control Plan, including the required minimum of 3.25 sqm of indoor unencumbered space per place.

Accordingly the Section 96 application is recommended for approval, subject to conditions.

RECOMMENDATION

(a) That Council as the consent authority, modify development consent No. DA/1270/2004/D under Section 96 (AA) in the following manner:

· Increase the ceiling height of the first floor office from 2.7m to 3m, increasing the most recently approved RL height of the parapet from 35.715 to 36.015;

· Alterations to the floor layout of the ground floor childcare centre;

· Internal alterations to first floor to facilitate “commercial use”;

· Alterations to windows on all elevations;

· Replacement of a wheelchair platform with a ramp at the front of the premises;

· External door on the northern elevation to facilitate the servicing of air conditioning units.

(b) That the objector be notified of Council’s decision.

David Little

Development Assessment Officer

Attachments:

1 View	Section 79c Report	14 Pages
2 View	Locality Plan	1 Page
3 View	Architectural Plans	13 Pages
4 View	Approved Section 96 Report (DA/1270/2004/C)	16 Pages
5 View	Approved Section 96 Development Consent	4 Pages
6 View	Approved Plans (DA/1270/2004/C)	11 Pages
7 View	Approved Construction Certificate Basement Plan	1 Page
8 View	Original Court Judgement	16 Pages
9 View	Original Development Consent	20 Pages
10 View	Original Court Approved Elevation Plans	1 Page
11 View	Approved Noise Assessment	13 Pages
12 View	Approved OSD Plan	1 Page