Agenda of Council (Development)

Council (Development) 11 April 2011 Item 9.1

GOVERNANCE AND CORPORATE

ITEM NUMBER 9.1

SUBJECT Draft Amended Delivery Program 2010 -14. Draft Operational Plan 2011-12. Draft Fees and Charges 2011/12. Updated Long Term Financial Plan

REFERENCE F2010/01685 - D01904885

REPORT OF Manager Finance

PURPOSE:

To seek Council’s adoption of the Draft Operational Plan 2011/12, the updated Long Term Financial Plan and amendments to the previously adopted 2010/14 Delivery Program. Once adopted, the amended Delivery Program and draft Operational Plan 2011/12 will be placed on public exhibition.

RECOMMENDATION

(a) That Council adopts the –

1 Draft amended Delivery Program 2010-2014

2 Draft Operational Plan 2011/12

3 Draft Fees and Charges 2011/12

4 Updated Long Term Financial Plan

(b) That Council approves the placing of the draft amended Delivery Program 2010/11 to 2013/14 and draft Operational Plan 2011/12 on public exhibition for a period of 28 days from 21^st of April to 22^nd May.

BACKGROUND

Last year, in accordance with Integrated Planning & Reporting legislative requirements, Council publicly exhibited and adopted its first 4-year Delivery Program 2010 - 2014. The 4-year Delivery Program sets out how Council plans to achieve the objectives of the Community Strategic Plan Parramatta Twenty25. Council is required to review the adopted Delivery Program each year before finalising its next annual Operating Plan.

Minor amendments to the Delivery Program may be considered and adopted by Council without the need to publicly re-exhibit the Program. Where significant amendments are proposed the Program must be re-exhibited. This report sets out the proposed amendments which are significant enough to warrant re-exhibition.

The annual 1-year Operational Plan is a sub-plan of the 4 – year Delivery Program and includes the budget, proposed rates, annual charges, fees and charges, pricing policy, proposed borrowings and specific projects, plans and activities for that year. The draft Operational Plan must be placed on public exhibition for 28 days and any submissions received are to be considered by Council before it is adopted.

A key component of the Delivery Program and Operational Plan’s strategy is to achieve financial sustainability by 2014/15 by closing the gap between operating revenues and expenditure. Council will achieve this by developing additional revenue opportunities, reductions in costs, the outcomes of its comprehensive services review and some modest increases in rates revenue above rate pegging limits. Details of the rating strategy included within the Delivery Program and Operational Plan are included in this report.

An important element of the Integrated Planning & Reporting Framework is the Long Term Financial Plan (LTFP). The LTFP is regularly reviewed to reflect Council decisions and strategies and changes to financial and economic parameters. The LTFP has been updated as noted within this report, and is attached.

Over the past weeks, the development process of the draft Operational Plan has included a series of workshops for Councillors to consider Council’s current and forecast financial position, proposed rates, fees and charges and to determine priorities for future services and projects expenditure.

The amended 2010-14 Delivery Program and draft Operational Plan 2011/12 are now presented to Council for consideration. Once adopted, they will be placed on public exhibition for a period of 28 days. The exhibition period will be advertised and comments invited from the community. Copies of the plans will be available at Council’s libraries and the Customer Contact Centre. Copies will also be placed on Council’s website.

Following the exhibition period it is proposed to bring the Program and Plan back to Council on May 23 to consider any submissions from the community and then to adopt the amended Delivery Program and final Operational Plan. Council must then advise IPART of its decision, to enable IPART to determine Council’s application by 10 June.

ISSUES/OPTIONS/CONSEQUENCES

Proposed amendments to the adopted Delivery Program 2010 – 2014

The Delivery Program has been amended to include the funding of the proposed new Operations Centre and changes to the timing and composition of Civic Place expenditure and funding.

Rating strategy within the Delivery Program/ Operational Plan and special variation application to IPART

As part of the adopted Delivery Program’s strategies to achieve financial sustainability by 2014/15, last year Council applied to the Minister for Local Government for a special variation to rates income for each of the years 2010/11 to 2013/14. This involved a total of 5% special variation to general revenue above rate pegging spread over a period of 4 years - 2% in 2010/11, and 1% for the following three years. The application also included a special variation that would enable the continuation indefinitely of the special business rates for CBD Infrastructure and Economic Development. As previously reported to Council, this application was only partially approved by the Minister. The increase sought for 2010/11 was approved. However a limit of 3 years on raising the resulting income was imposed by the Minister. The Minister did not approve the increases sought for 2011/12 to 2013/14.

At its meeting on 23 August 2010, Council was advised of the Minister’s decision and the ramifications for its strategy to achieve financial sustainability. Council resolved to adopt an amendment to the Delivery Program, which noted the Minister’s decision but confirmed Council’s intention to maintain its financial strategy and to submit an application for a special variation commencing 2011/12 to achieve the Delivery Program’s financial objectives. The application would be consistent with the application previously submitted.

Following recent legislative changes, rate pegging increases and applications for special rate variations above rate pegging are now being determined by the Independent Pricing and Regulatory Tribunal (IPART).

Discussions took place with IPART as to the need to conduct additional community consultation, given that the latest application is in line with the previous application and extensive consultation was conducted last year. IPART advised that Council should conduct another survey of residential ratepayers to ensure that they understood the latest proposal and to gauge the community’s attitude to it. The results of this survey will be provided to Council when available and forwarded to IPART. The survey design and scheduling is currently being finalised but it is expected results will be available in mid April.

In accordance with Council’s adopted Delivery Program, an application was submitted to IPART for a special rate variation for the years 2011/12 to 2013/14. The application had to be submitted by 25 March and IPART will determine it by 10 June. The application seeks rate increases of:

2011/12 - 4.3% comprising known rate peg 2.8% and special variation 1.5% (The total amount of 4.3% is unchanged from last year’s application, however last year our assumption for rate pegging was 3.3% with the special variation being 1%. IPART has already determined that the rate pegging for 2011/12 will be 2.8%)

2012/13 - 4.3% comprising rate peg assumed 3.3% and special variation 1%

2013/14 – 8.96% comprising: 4.3% (rate peg assumed 3.3% and special variation 1%) plus 4.66% to continue the special variation approved in 2010 and due to cease at the end of 2012/13.

The 4.66% relating to the 2010 special variation comprises 1.81% applicable to all ratepayers as part of council’s financial sustainability strategy and 2.85% to continue the funding for the CBD infrastructure and economic development special rates. The special rates are levied on those business ratepayers benefiting from the expenditure of the funds raised.

The impact on the average residential ratepayer of the increases forecast for 2011/12 to 2013/14 would be:

Description	2010/11	2011/12	2012/13	2013/14	Total increase 2011/12 to 2013/14	Annual Average over 3 years
Rate peg	2.6%	2.8%	3.3% forecast	3.3% forecast
Special variation	2.0%	1.5%	1.0%	1.0%
Average rate	$787.60	821.47	$856.79	$893.63
Rate peg increase		$22.05	$27.11	$28.27	$77.43	$25.81
Special variation		$11.82	$8.21	$8.57	$28.60	$9.53
Total increase		$33.87	$35.32	$36.84	$106.03	$35.34

2011/12 draft Operational Plan

Presentation format

The Draft Operational Plan has been prepared in a format based on Council’s four Pillars:

Environment & Infrastructure

Community & Neighbourhoods

Economy & Development

Corporate & Governance

Each Pillar section includes details of the Pillar’s objectives, service areas, projects, and proposed income and expenditure on services and projects.

The second section of the draft Operational Plan sets out consolidated details of the proposed 2011/12 Budget, forward financial estimates, proposed rates and annual charges for 2011/12 and the proposed income and expenditure from these proposed rates and charges. Other required statutory information is also contained in this second section. The schedule of proposed Fees and Charges and Pricing Policy for 2011/12 is contained under separate cover.

2011/12 Budget

2011/12 Operating Result

The budget delivers an operating result before capital income of $4.787M deficit. This is an improvement of approximately $1M compared to the planned result for the 2011/12 year in last year’s Delivery Program. This result assumes Council is successful in its special rate application of an increase of 1.5% in addition to rate pegging of 2.8%. This result is in line with the LTFP and is part of the overall strategy to deliver a surplus result before capital income by the 2014/15 financial year. If Council’s application for the additional 1.5% is unsuccessful, rates revenue would be reduced by $1.3M and the deficit would increase to $6.1M.

Included in the operating budget are operating projects totalling $3.031M. Details of operating projects are shown for each Pillar.

The Civic Place operating budget is constructed per the current PDA (Project Development Agreement) with Grocon. The budget also includes the income and expense estimates for the Civic Place property portfolio and interest expense estimates in relation to Civic Place loan borrowings. Also included in the services budget is the loan principal repayment in relation to repaying the current loan borrowings for the Civic Place project. These budgeted items are contingent on the conditions precedent in the project agreement. If these are delayed, budget adjustments will be made at Quarterly Reviews.

Rates and Annual Charges

As noted above, the Draft Delivery Program includes the proposal to apply for a special variation to rates income for the period 2011/12 to 2013/14.

The rate pegging maximum increase for 2011/12, set by IPART, is 2.8% - marginally higher than last year’s 2.6% which was the lowest increase since 2000/01. With Council’s financial strategy including an overall increase in rates of 4.3% in 2011/12, a special variation of 1.5% has been sought.

The Draft 2011/12 Operational Plan has retained the same rating structure as used in recent years.

Shell Refining (Australia) Pty Ltd occupies a property at 9 Devon St, Rosehill. In 2005/06 new valuations as at July 2004 base date were used for rate calculations. As the valuation for 9 Devon Street had not changed since 1997 compared with the rest of the LGA, Shell’s rates would have decreased in 2005/06 and other properties within Business Industrial category would have made up the difference by paying additional rates. On the basis of equity and benefit for the contribution to the rate levy, Council introduced a new sub category specifically for Shell to correct this anomaly.

In 2010/11, it was also decided to increase Shell's rates by 6% above the increase the rest of the LGA received. This enabled some of the impact from the special variation approved for 2010/11 to be reduced on residential ratepayers.

Shell recently lodged a change of category application asking Council to justify the position in relation to Shell having a separate rating category. Council’s Rates department assessed the application and based on evidence, while Council could justify the separate category, it could not justify the rate that shell was paying. From 1 July 2011, shell will pay the same rate in the dollar as all of the business industrial properties.

This will have no effect on Council’s overall income. However, those properties that fall within the category of Business will pay approximately 1.03% more as a result of the re-categorisation.

The Stormwater Management Service Charge is set by legislation and has not been increased.

Fees and Charges

Generally increased by 4% with some higher to reflect cost recovery. Most statutory fees are unchanged. Some new fees have been introduced, and these have been noted as new in the fees and charges document.

Discussion papers were circulated to Councillors on 28^th March 2011 regarding fees and charges for four service areas:

· Parking Meters

· Domestic Waste Service

· Children Services and

· Free Access to Aquatic Facilities

While each discussion paper addressed a number of issues and fee options raised during the recent Councillor workshops, no changes have been made to the draft schedule of Fees and Charges at this time. Parking Meter fees remain unchanged since February 2006 and the Domestic Waste Service fee has been increased by only 4% which is insufficient to address escalating service costs. The draft Operational Plan also assumes a $3 p/day increase in the fees for long day care services which will result in a service deficit in 2011/12. An increase of $6 p/day is required to significantly reduce the subsidy of these children’s services.

Employee costs

Employee costs are based on Council’s current staff establishment and known factors for the relevant periods including Award based increases and Council’s salary system. For long term estimates a 4% increase has been used.

Interest on investments

Average Return of 6% has been used, as suggested by Council’s advisors.

Property Sales

The following planned property sales ($000) are included in the Delivery Program, with funds being transferred into the property development reserve. Interest earned on these funds would be allocated to the reserve:

Description	2010/11	2011/12	2012/13
Spurway Street, Ermington	4,000
Elizabeth Street, Granville		2,000
Mary Parade, Rydalmere		5,150
Morton Street Depot			23,000

Capital Budget

The budget incorporates a projects capital expenditure budget of $53.947M.

Included within this budget is:

New Operations Centre $15.15M

Civic Place project management $ 1.50M

Civic Place property acquisitions $11.50M

A detailed list of the capital projects is contained in each Pillar section of the Draft Operational Plan.

Capital projects expenditure is to be partly funded by general revenue funding of $7.1 million (including the asset replacement component) from the Services Budget. The balance is from special rates, loans, reserves, grants and section 94 contributions.

The following table shows a summary of the funding of capital expenditure by funding source for 2011/12 ($000):

Source of funding	Capital Exp.
General Revenue	7,105
Special Rates	4,627
Grants and Contributions	2,045
Sec. 94	2,470
Other Reserves	15,850
Loans*	21,849
Total	53,947

* Includes new loan borrowings and transfers from unspent loan reserves

New Loan Borrowings

Proposed new loans in 2011/12 are $20.61M:

Core loans $ 3.65M

Operations Centre $10.00M

Civic Place $ 6.96M

Reserves

Included in the draft Operational Plan is a schedule showing the proposed transfers to and from reserves included within the 2011/12 Budget, and the opening and closing balances for each Reserve.

Updated Long Term Financial Plan and Forward Estimates 2011-2014

Last year Council adopted its Long Term Financial Plan to 2019/20 and incorporated those forward estimates in its Delivery Program 2010-2014. The LTFP has been reviewed and extended to 2020/21. The significant changes are:

· Interest on investments return increased from 5.5% to 6% for 2011/12 to 2013/2014 due to improvements in financial markets.

· Employee costs amended following introduction of new salary and wages system and reductions to recognise vacancy periods due to staff turnover

· Borrowing costs adjusted to incorporate additional loans for Operations Centre and Civic Place requirements

· Capital expenditure reviewed to incorporate new Operations Centre, additional costs in Civic Place property acquisitions and additional longer term expenditure from the 2015/16 year to meet infrastructure needs flowing from growth in resident and worker populations and to position Parramatta as Sydney’s second CBD.

Overall the review has resulted in an improvement in Council’s projected annual operating results (excluding capital grants and contributions) of around $1.5 M to $3.5 M over the period of the LTFP. Council will still eliminate its deficit as planned in 2014/15 however the surplus will be $2.7M rather than the previously predicted $0.2M.

The LTFP aims to achieve the following major objectives:

· Break-even / surplus operating result before capital revenue by 2014/15

· Provide additional funding of $6M/yr for asset renewal (replacement) and $1M/yr for asset maintenance.

· Provide additional funding to support capital expenditure on key projects to position Parramatta as Sydney’s second CBD.

CONSULTATION & TIMING

As noted above, the draft Operational Plan has been developed over a series of workshops and briefings attended by Councillors and staff.

During the exhibition period the community will be given the opportunity to discuss the contents of the Draft Plan with Councillors and staff and to make submissions for Council’s consideration.

The exhibition period must be for a minimum of 28 days and Council is required under the Local Government Act to adopt by 30 June, its Operational Plan for the following year commencing 1 July.

Manager Finance

Alistair Cochrane

Attachments:

1	Draft Amended Delivery Program 2010/11 - 2013/14 and Draft Operational Plan 2011/12 (will be sent on Thursday 07 April 2011)	100 Pages
2	Draft Fees and Charges 2011/12	81 Pages
3	Updated Long Term Financial Plan	49 Pages

REFERENCE MATERIAL

Council (Development) 11 April 2011 Item 11.1

DOMESTIC APPLICATION

ITEM NUMBER 11.1

SUBJECT 7 Kay Street, Carlingford
(LOT 5 DP 217146) (Lachlan Macquarie)

DESCRIPTION Alterations and additions to an existing 2 storey dwelling to create a third storey.

REFERENCE DA/12/2011 - 13 January 2011

APPLICANT/S Design & Building Group

OWNERS Mr Y X Chen & Mrs Q Lin

REPORT OF Manager Development Services

DATE OF REPORT 18 March 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 substantial alterations and additions to an existing 2 storey dwelling to create a third storey and landscaping works.

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 existing garage area located below the dwelling protrudes above the natural ground level by more than 1.2m and along the northern elevation the proposed dwelling is 3 storey in height.

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 application was notified in accordance with Council’s Notification Policy and one submission was received raising concern the application fails to address the requirements of SEPP1; non compliance with Parramatta DCP2005; issues with plans provided and the use of the first floor balcony. The issues raised in the submission do not warrant refusal or modification of the development.

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 due to the parapet wall, low pitched roof and clear balcony balustrades. The dwelling is considered compatible with the character of old and new buildings in the area, 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/12/2011 for the alterations and additions to an existing 2 storey dwelling to create a third storey at 7 Kay Street, CARLINGFORD 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 and Certification Officer

Attachments:

1 View	S79c Assessment Report	38 Pages
2 View	Locality Map	1 Page
3 View	Plans	9 Pages
4	Confidential plans	4 Pages

REFERENCE MATERIAL

Council (Development) 11 April 2011 Item 12.1

MAJOR APPLICATION

ITEM NUMBER 12.1

SUBJECT 12 William Street, North Parramatta
(Lot 3 DP 372347) (Arthur Phillip Ward)

DESCRIPTION Section 82A Review to seek approval for retention of the eixisting dwelling, tree removal and construction of a two storey dwelling to create a dual occupancy development with Torrens Title subdivision.

REFERENCE DA/375/2010 - 23 December 2010

APPLICANT/S Mr V M Sciglitano

OWNERS Mr V M Sciglitano

REPORT OF Manager Development Services

DATE OF REPORT

14 March 2011

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 retention of the existing dwelling, tree removal and the construction of a 2 storey attached dual occupancy development with torrens title subdivision.

The original development application was refused under delegated authority by the Group Manager, Outcomes and Development on 14 July 2010 for the following reasons:

1. The proposal fails to comply with Clause 36(2)(c) of Parramatta Local Environmental Plan 2001 as the proposal is for a detached dual occupancy with one street frontage and is prohibited development on the site.

2. The proposal fails to comply with the objectives of the 2A Residential Zone in particular the objectives that state, “(a) to enhance the amenity and characteristics of the established residential area, and (b) to encourage redevelopment of low density housing forms, including dual occupancy development, where such redevelopment does not compromise the amenity of the surrounding residential areas, or the natural and cultural heritage of the area, and (c) to ensure that building form, including that of alterations and additions, is in character with the surrounding built environment.”

The proposed development is inconsistent with the aims and objectives of the Residential 2A zoning applying to the land as the proposal is considered to be a detached dual occupancy with one street frontage and is prohibited development on the site. The proposed development is inconsistent with the Residential 2A zone objectives (a), (b) and (c) as the proposal compromises the amenity and characteristics of the established residential area and surrounding residential areas through a prohibited built form.

3. The development fails to comply with Part 4.1.4 ‘Stormwater Drainage’ of Parramatta DCP 2005 as the proposed stormwater cannot be supported due to inadequate design.

4. The development fails to comply with Part 4.2.1 ‘Streetscape’ of Parramatta DCP 2005 as the development does not respond to the spatial characteristics of the existing urban environment and the two dwellings ‘attached’ with a pergola is not in harmony with the continuity, rhythm and spacing of the existing streetscape nor that envisaged under PLEP 2001 and PDCP 2005.

5. The development fails to comply with Part 4.2.3 ‘Building Form and Massing’ and Part 4.2.4 ‘Building Façade and Articulation’ of Parramatta DCP 2005 as the two dwellings ‘attached’ with a pergola will present as detached dwellings and lack architectural compatibility, and impact the streetscape by being inconsistent with the desired future character of the area.

6. The development fails to comply with Part 4.2.5 ‘Roof Design’ of Parramatta DCP 2005 as the flat parapet roof form for the proposed dwelling will be inconsistent with the local context.

7. The proposal is not considered to be in the public interest.

Additional and amended information was received with the Section 82A Review including:

· Legal Advice that indicates the proposal should be defined as a detached dual occupancy;

· Amended Stormwater Plans and information;

· Letters of non objection from three adjoining landowners; and

· A SEPP 1 objection to Clause 36 regarding the detached nature of the proposal.

The amended plans and information satisfactorily address grounds 1 and 3 of Council’s previous refusal (to the extent that it is acknowledged that the development is permissible) but have not satisfactorily addressed the other reasons for refusal.

No submissions were received following notification of the Section 82A Review, however the applicant submitted three letters of support with the review.

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

That Council uphold its determination and refuse Development Application DA/375/2010 for tree removal and the construction of a 2 storey attached dual occupancy development on land at 12 William Street, North Parramatta for the reasons contained in Attachment 1 of this report.

Brad Delapierre

Team Leader –Development Assessment Team

Attachments:

1 View	Section 82A Review and 79C Report	38 Pages
2 View	Locality Plan	1 Page
3 View	Section 82A Review Plans	2 Pages
4 View	Applicants Section 82A review covering letter	2 Pages
5 View	Original Section 79C Report	28 Pages
6	Section 82A review confidential floor plans	3 Pages

Council (Development) 11 April 2011 Item 12.2

MAJOR APPLICATION

ITEM NUMBER 12.2

SUBJECT 3-5 McArdle Street, Ermington
(Lot 3 & Lot 4 DP 36752)(Lachlan Macquarie Ward)

DESCRIPTION Demolition, tree removal and construction of a multi-unit development comprising 6 dwellings over a basement carpark

REFERENCE DA/829/2010 - Submitted 20 October 2010

APPLICANT/S Australian Consultant Architects

OWNERS Mr Z J Chen

REPORT OF Manager Development Services

DATE OF REPORT 10 march 2011

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as “multi dwelling housing” is a prohibited land use under the proposed Residential R2 zoning of the Draft Local Environmental Plan 2010.

EXECUTIVE SUMMARY

The application seeks approval for the demolition, tree removal and construction of a multi-unit development comprising 6 dwellings over a basement carpark.

The proposed development is permissible with consent under the current LEP 2001. However, the subject site is proposed to be zoned R2 Low Density Residential under draft Parramatta LEP 2010. The proposed development is defined as ‘multi dwelling housing’ under draft Parramatta LEP 2010 and is prohibited in the draft zone. The proposal is partially inconsistent with the relevant objectives of the draft zone as it does not provide for the housing needs of the community within a low density residential environment. It should be noted however that the proposed development has a floor space less than that permissible within the draft zone and has a built form that is in character with the surrounding built environment.

Two submissions have been received in respect of this application. The issues raised within those submissions relate to potential overshadowing, devaluation of property and unauthorised parking during construction works. 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.

The proposed development is consistent with the objectives contained within the current 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 private open space provided by the proposal. The proposed development is appropriately sited without unduly impacting on the streetscape or amenity of adjoining properties in terms of privacy or overshadowing.

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

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. 829/2010 for the demolition, tree removal and construction of a multi-unit development comprising 6 dwellings over a basement carpark on land at 3-5 McArdle Street, Ermington subject to the conditions contained within Attachment 1.

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

Katherine Lafferty

Development Assessment Officer

Attachments:

1 View	Section 79C Assessment Report	50 Pages
2 View	Locality Map	1 Page
3 View	Plans & Elevations	10 Pages
4 View	Aerial Photo - Development in Vicinity	1 Page
5	Confidential Plans	5 Pages

REFERENCE MATERIAL

Council (Development) 11 April 2011 Item 12.3

MAJOR APPLICATION

ITEM NUMBER 12.3

SUBJECT 25 Campbell Street, Parramatta (Lot 2) (DP345390)

DESCRIPTION Section 96(1a) modification to an approved 9 storey residential flat building containing 29 apartments. Modifications include the provision of one additional apartment (total 30), changes to internal layout, changes to planter boxed and changes to roofing material.

REFERENCE DA/652/2004/C - Lodged 8 December 2010

APPLICANT/S Open Space Pty Ltd

OWNERS Open Space Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT 11 March 2011

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as the original application for demolition, tree removal and construction of a 9 storey residential building containing 29 units with 3 levels of basement car parking was approved by Council on 12 December 2005.

EXECUTIVE SUMMARY

The Section 96(1a) application seeks approval for the following modifications:

· The internal structural concrete column layout has been reviewed by the consulting structural engineers to eliminate the transfer slab details at ground level and level 4. To accommodate the column locations only minor modifications are made to internal bathrooms and bedroom layouts.

· The rear apartment on level 8 is to be converted to two x 2 bedroom apartments, creating a total of 30 apartments in the building.

· The units on level 8 have been increased in floor area. Originally, the building was approved with balconies along the eastern, western and northern elevation on level 8. The s96 application proposes to increase the floor area of the units on level 8 by converting the balconies to floor space. The floor area of level 8 will increase by 55m². The additional floor area on level 8 has been offset by reductions in the lobby area of each level to maintain the 3.5:1 FSR.

· The concrete roof slab is deleted and substituted with a metal roof over the lobby area.

· The roof mounted air conditioning units are to be deleted and split system units are to be installed to the balconies of the individual apartments.

· The planter boxes currently positioned on Level 4 east and west elevation are to be modified.

The consent for the development has not lapsed as works have commenced on the site (demolition), activating the consent.

The application was notified in accordance with Council’s Notification Policy and two submissions were received. The objections relate primarily to issues relating to traffic along Campbell Street, overshadowing, height, property devaluation and privacy. The issues are addressed in the Section 79C Assessment Report (Attachment 1) and are not considered to warrant refusal of the application.

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 City Centre LEP 2007 and City Centre DCP 2007. The modifications do not alter the building footprint of the RFB or FSR and is considered satisfactory in terms of design, bulk and scale, privacy and overshadowing.

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

RECOMMENDATION

(a) That Council as the consent authority modify development consent No. 652/2004 in the following manner:

1. The following conditions be modified as follows:

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:

Drawing N⁰

Dated

Site plan

S96 -002