Agenda of Council (Development)

Council (Development) 9 May 2011

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council - 27 April 2011

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

RESCISSION MOTION

Note: A Rescission motion relating to Proposed Memorial to the late George Khatter has been listed as Item 11.2 of Closed Session

7 Economy and Development

7.1 Variations to Standards under SEPP 1

8 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

9 Reports - Domestic Applications

9.1 17 Coffey Street Ermington (Lot 145) (DP 36566)

9.2 26 Telopea Street, Telopea
(Lot 31 DP 28475) (Lachlan Macquarie Ward)

9.3 28 Iron Street, North Parramatta
Lot 6 DP 999856

9.4 168 Pennant Street, North Parramatta
(Lot 1 DP 743777) (Elizabeth Macarthur Ward)

9.5 21 Mangalore Drive, Winston Hills
(Lot 69 DP 270075) (Caroline Chisholm Drive)

9.6 46 Marion Street, Harris Park
Lot 24 DP 395

10 Reports - Major Applications

10.1 29 -33 Darcy Road, Westmead
(Lot 10 DP 1150428) (Arthur Phillip Ward)

10.2 37 Midson Road, Eastwood (Lot 22 DP 286194) (Lachlan Macquarie Ward)

10.3 37 Midson Road, Eastwood (Lot 22 DP 286194)

10.4 Lots 17C, 231-234, 242-245, 249-253 in DP 752058, Granville Park (Pk 24), 188 Woodville Road & 2 Montrose Avenue, MERRYLANDS, NSW 2160

10.5 11-12 St Andrews Street, Dundas
(Lot 4 DP 222650 and Lot 3 DP 222650)

10.6 19-21 Cook Street, Telopea
Lots 646 and 647 DP 36743 (Lachlan Macquarie Ward)

10.7 104 Oakes Road and 287 Old Windsor Road, Toongabbie (Lot 1 DP 559006 and Lot 1 DP 620256)

10.8 167 Carlingford Road, Epping
Lot 7 Sec 1 DP 1026 (Lachlan Macquarie Ward)

10.9 3-5 McArdle Street, Ermington
(Lot 3 & Lot 4 DP 36752)(Lachlan Macquarie Ward)

10.10 297 -299 Woodville Road (Cnr constance Street) Guildford
(Lot 7 and 8 in DP 128795) (Woodville Ward)

10.11 320 Railway Terrace, Guildford
Lot 1 DP 177259 (Woodville Ward)

10.12 8 Willoughby Street, Epping
Lot 1 DP 13928

11 Closed Session

11.1 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.

11.2 Proposed Memorial to the Late George Khattar

This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

12 DECISIONS FROM CLOSED SESSION

13 QUESTION TIME

Council (Development) 9 May 2011 Item 9.1

DOMESTIC APPLICATION

ITEM NUMBER 9.1

SUBJECT 17 Coffey Street Ermington (Lot 145) (DP 36566)

DESCRIPTION Demolition, tree removal and construction of a two storey dwelling with in ground swimming pool/spa and front fence.

REFERENCE DA/914/2010 - Lodged 15 November 2010

APPLICANT/S ES Engineering & Drafting

OWNERS Mr E Sleiman and Mr E Sleiman and Ms V Pavic

REPORT OF Manager Development Services

DATE OF REPORT 17 February 2011

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council due to the number of objections received.

EXECUTIVE SUMMARY

The application seeks approval for demolition, tree removal and construction of a two storey dwelling with in ground swimming pool/spa and front fence.

The proposed dwelling is of modern design and is consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005, and is 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.

The application was notified in accordance with Council’s Notification Policy and 11 submissions were received. The issues raised within the submissions relate to streetscape, privacy, overshadowing, sustainability, loss of views, tree removal, stormwater, ventilation, impacts on future development and building height. The application complies with the FSR and maximum height development standards of LEP 2001 and the design controls of Parramatta Development Control Plan 2005. All issues raised in the submissions have been discussed in detail within the Section 79C assessment report contained at Attachment 1 and do not warrant refusal or further modification of the proposal.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. DA/914/2010 for demolition, tree removal and construction of a two storey dwelling with in-ground swimming pool/ spa and front fence at 17 Coffey Street, ERMINGTON NSW 2115 for a period of five (5) years from the date on the Notice of Determination and subject to the conditions set out in Attachment 1.

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

Ashleigh Matta

Development Assessment Officer

Attachments:

1 View	Locality Map	1 Page
2 View	Section 79C Report	43 Pages
3 View	Plans and shadows	9 Pages
4	Plans (confidential)	4 Pages

REFERENCE MATERIAL

Council (Development) 9 May 2011 Item 9.2

DOMESTIC APPLICATION

ITEM NUMBER 9.2

SUBJECT 26 Telopea Street, Telopea
(Lot 31 DP 28475) (Lachlan Macquarie Ward)

DESCRIPTION Section 82A Review of Determination of DA/215/2010 seeking apporval for demolition, tree removal, and construction of a 2 storey attached dual occupancy development with Torrens Title subdivision.

REFERENCE DA/215/2010 - 24 January 2011

APPLICANT/S R M Design and Consulting

OWNERS Mr D Acimovic

REPORT OF Manager Development Services

DATE OF REPORT 15 APRIL 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 the previous refusal to grant consent for demolition, tree removal and the construction of a two storey attached dual occupancy development with Torrens Title subdivision. The original Development Application (DA/215/2010) was refused on 11 May 2010 under delegated authority due to the bulk and scale of the development and loss of amenity through overlooking, as it was 3 storeys in height and provided large rear decks at an elevated ground level.

With the lodgement of the Section 82A Review application the applicant has amended the development in an attempt to address the issues that were identified in Council’s refusal of the application. In particular the following amendments have been made:

· Lowering the height of the development to comprise a maximum subfloor height of 950mm to comply with Clause 39 of PLEP 2001. The development complies with the maximum height provisions of PLEP 2001

· Reduction of roof pitch to 12 degrees on the rear portion of the development, thereby reducing overall bulk and scale of the development particularly when viewed from the adjoining reserve.

· Inclusion of screen planting along the sides of the site as well as the provision of 1.8m high privacy screens on the sides of the elevated ground floor decks to address the issue of overlooking.

· Living/dining room windows have been made highlight windows with minimum sill heights of 1.5m minimising overlooking of adjoining properties.

· The floor area of the ground and lower ground floors of Unit B have been increased so that the timber deck of Unit B aligns with the deck of Unit A, thereby eliminating the large party/privacy wall that was originally associated with Unit A. This improves solar access to Unit B and mitigates bulk impacts to adjoining properties.

Under Section 82A of the Environmental Planning & Assessment Act, 1979, an applicant may request Council to review a determination of a development application, other than for designated development, integrated development and state significant development. The proposed development does not fall into any of these categories.

The request for a review has been made within 12 months of the determination of the application, however determination is now required as the 12 month review period will expire on 11 May 2011.

The development with the amendments proposed is substantially the same as the development originally determined.

One submission was received in response to the first notification of the application raising concerns with respect to loss of visual privacy, overshadowing, and property damage due to cut and fill of the site. The issues raised have been considered and do not warrant refusal or further amendments to the proposal.

Amended plans were submitted to address issues relating to bulk and scale of the development. These plans have been neighbour notified with the notification period concluding on 28 April 2011. Any submissions received during the notification period will be subject of a separate memorandum to Councillors.

The proposal is appropriate in terms of scale, bulk, form, and privacy and overshadowing and can be supported.

Therefore it is recommended that Council change its previous decision and grant consent to the application.

RECOMMENDATION

(a) That Council as the consent authority change its previous determination and grant development consent to development Application No. DA/215/2010 for demolition, tree removal and construction of a two storey attached dual occupancy with Torrens Title subdivision subject to the conditions of consent contained in Attachment 1.

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

Maya Sarwary

Senior Development Assessment Officer

Attachments:

1 View	Section 79C Report 82A Review	59 Pages
2 View	Subdivision Plan	1 Page
3 View	Shadow Diagrams	4 Pages
4 View	Location Map	1 Page
5 View	Original S.79C Report	25 Pages
6	Confidential Plans	2 Pages
7	Original Plans (Confidential)	2 Pages

REFERENCE MATERIAL

Council (Development) 9 May 2011 Item 9.3

DOMESTIC APPLICATION

ITEM NUMBER 9.3

SUBJECT 28 Iron Street, North Parramatta
Lot 6 DP 999856

DESCRIPTION Alterations and additions to a single storey dwelling house including a new detached shed to the rear of the property.

REFERENCE DA/1010/2010 - Submitted 15 December 2010

APPLICANT/S Baini Deisgn

OWNERS Mr S Sadek

REPORT OF Manager Development Services

DATE OF REPORT 7^th April 2011

REASON FOR REFERRAL TO COUNCIL

The application is being referred to Council for determination as the proposal involves work to a listed heritage item.

EXECUTIVE SUMMARY

The application seeks approval for ground floor alterations and additions to the rear of the existing single storey weatherboard cottage, listed as a heritage item. The proposed works include the construction of an ensuite attached to bedroom 4, bathroom, dining room/living/kitchen, laundry, courtyard located on the northern side of the dwelling attached to the dining room and a roofed alfresco area to the rear of the dwelling attached to the living room. A 6m x 6m detached storage shed is proposed in the north eastern corner of the rear yard.

The site is listed as a heritage item under Schedule 2 of Parramatta LEP 1996 (Heritage & Conservation). The application was referred to Council’s Heritage Advisor who raises no concerns with the application, subject to the removal of the demolition and rebuilding of the lateral façade (northern wall) from the proposal. The applicant submitted amended plans to reflect the concerns raised by Council’s Heritage Advisor.

No submissions have been received in respect of this application.

The proposed works are consistent with the objectives of Parramatta Local Environmental Plan 2001, Parramatta LEP 1996 (Heritage & Conservation), Parramatta Development Control Plan 2005 and Parramatta Heritage DCP 2001, 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 proposed works provide elements that contribute to the heritage value and character of the area and are appropriately sited without unduly impacting on the streetscape or adjoining properties, which are of a similar style, age and design.

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

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 1010/2010 for the alterations and additions to a a heritage listed dwelling on land at 28 Iron Street, North Parramatta subject to conditions contained within Attachment 1.

Michael Tully

Development & Certification Officer

Attachments:

1 View	Locality Map	1 Page
2 View	S79 C Report	34 Pages
3 View	Plans	4 Pages
4	Floor plan (confidential)	1 Page

REFERENCE MATERIAL

Council (Development) 9 May 2011 Item 9.4

DOMESTIC APPLICATION

ITEM NUMBER 9.4

SUBJECT 168 Pennant Street, North Parramatta
(Lot 1 DP 743777) (Elizabeth Macarthur Ward)

DESCRIPTION Section 96(2) application to modify Development Consent Numbered DA/786/2009 (tree removal, restoration of an existing heritage cottage, use of the cottage for commercial purposes, subdivision of the allotment to create an additional allotment and the construction of an attached dual occupancy development at the rear of the site with Torrens title subdivision).

REFERENCE DA/786/2009/A - 24 February 2011

APPLICANT/S Mr J Younes

OWNERS Mr J Younes

REPORT OF Manager Development Services

DATE OF REPORT 12 April 2011

REASON FOR REFERRAL TO COUNCIL

The Section 96(2) application is referred to Council as the original application was determined by Council as the site is heritage listed.

EXECUTIVE SUMMARY

The Section 96 (2) application seeks consent to modify the approved development as follows:-

· Addition of double French doors to the reception area on the western elevation of the heritage cottage.

· Increased size of the attic of unit 2 of the dual occupancy by 4m².

· Notation of a laundry window on the western elevation of the dual occupancy development to be consistent with the approved floor plan.

The proposed changes have been completed.

The application was notified in accordance with Council’s Notification Policy and one submission was received. The submission raised concerns relating to non-preservation of heritage buildings, tree removal, pollution, increase in housing and crime, general submission of s.96 applications, and modified hours and noise generation. The issues raised do not warrant refusal or amendments to the proposal.

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 policies and will have no adverse impacts in terms of bulk and scale, privacy and shadowing or heritage value.

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

RECOMMENDATION

(a) That Council modify development consent No DA/786/2009 in the following manner:

Modify Condition 1 to read as follows:-

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 No*	*Dated*
Site/Floor Plan, Elevations and Section for existing Heritage Building S96-01 Issue B Project No 09-031 Sheet 01 of 02	February 2011
Site/Floor Plan, Elevations and Section for proposed dual occupancy development S96-01 Issue B Project No 09-031 Sheet 02 of 02	February 2011
DA-04 Proposed Subdivision Plan for 168 Pennant Street, North Parramatta Issue E	15 June 2010
Proposed Front Fence Plan for 168 Pennant Street, North Parramatta	18 January 2010
Hydraulic and Sediment Control Plan for 168 Pennant Street, North Parramatta	12 June 2010
Landscape Plan for 168 Pennant Street, North Parramatta	15 June 2010
*Document(s)*	*Dated*
Conservation Management Plan prepared by Archnex Designs for 168 Pennant Street, North Parramatta	October 2009
Trade Breakup for 168 Pennant Street, North Parramatta	19 January 2010
Schedule of Finishes (2 Pages) for 168 Pennant Street, North Parramatta	Undated
Basix Certificate (Certificate No. 309836M_03) for 168 Pennant Street, North Parramatta	1 April 2011
Waste Management Plan for 168 Pennant Street, North Parramatta	November 2009

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

(c) Further, that the matter be referred to the Regulatory Compliance team to investigate whether a Penalty Infringement Notice (PIN) should be issued for the works carried out without consent.

Maya Sarwary

Senior Development Assessment Officer

Attachments:

1 View	S96(2) Report	9 Pages
2 View	S 96(2) Plans for Heritage Cottage	1 Page
3	S 96(2) Plans for Dual Occupancy Development- Confidential Plans	1 Page
4 View	Location map	1 Page
5 View	Section 79C Report and Executive Summary for DA/786/2009	77 Pages
6 View	Approved Plans for DA/786/2009	7 Pages
7	Approved Confidential Plans for DA/786/2009	1 Page

REFERENCE MATERIAL

Council (Development) 9 May 2011 Item 9.5

DOMESTIC APPLICATION

ITEM NUMBER 9.5

SUBJECT 21 Mangalore Drive, Winston Hills
(Lot 69 DP 270075) (Caroline Chisholm Drive)

DESCRIPTION Construction of a two storey dwelling.

REFERENCE DA/16/2011 - 18 January 2011

APPLICANT/S B.A.C Designs Pty Ltd

OWNERS M Conlon and B Samarzia

REPORT OF Manager Development Services

DATE OF REPORT 14 April 2011

REASON FOR REFERRAL TO COUNCIL

The proposal seeks a SEPP 1 variation greater than 10% to Clause 38 ‘Minimum allotment sizes in Parramatta Local Environmental Plan 2001.

EXECUTIVE SUMMARY

The applicant seeks approval for the construction of a two storey dwelling within the Lachlan View Estate.

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 dwelling house proposed in this application will be located on an irregular shaped allotment of land that has an area of 482m²and a frontage of 3.745m. This represents a 12.3% (site area) and 73% (site frontage) variation respectively to Clause 38 of LEP 2001. Clause 38 of PLEP 2001 requires dwelling houses to be constructed on land with a minimum site area of 550m² and a minimum frontage of 15m. .

The dwelling house will have a floor space ratio of 0.55:1 which represents a 9.3% variation to Clause 40 that permits a maximum floor space ratio of 0.5:1 for dwelling houses.

The subject site is located within a housing estate that was approved by the Land and Environment Court in August 1998. The consent issued in 1998 granted approval for land subdivision and the construction of 59 dwellings at 20-22 Buckleys Road. Most parcels of land created in the subdivision were substantially less than 550m² in area, most of the dwellings approved had floor space ratios between 0.6:1 to 0.8:1.

The variation to the minimum allotment size and frontage width is considered appropriate in this particular case as the allotment of land is in existence and was consented to by the Court in 1998. The variation in FSR is considered acceptable as the proposed dwelling does not adversely compromise the amenity of surrounding properties and is consistent in bulk and scale of other dwellings within The Lachlan View Estate.

The application was notified in accordance with Council’s Notification Policy and one submission was received. The submission raised concerns relating to the land being unstable and hazardous, the sewerage line located at the rear of the site being obstructed as a result of the development and the development resulting in the obstruction of natural breezes to the adjoining rear property. The issues raised do not warrant refusal or amendments to the proposal.

The likely impacts of the proposed development have been assessed and the proposed development is considered acceptable with respect to the standards and controls contained within Council’s PLEP 2001 and PDCP 2005, and will have no adverse impacts in terms of site stability, bulk and scale, privacy or shadowing.

The design, bulk and scale of the proposed dwelling are appropriate and consistent with development within the Lachlan View Estate. There is adequate landscaping and open space area and the dwelling will not result in any adverse amenity impacts to adjoining properties.

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

RECOMMENDATION

(a) That Council support the variation to Clause 38 and Clause 40 of the PLEP 2001 under the provisions of SEPP 1.

(b) Further, that Development Application No. 16/2011 for the construction of a two storey dwelling on land at 21 Mangalore Drive, Winston Hills be approved subject to conditions of consent in Attachment 1 of this report.

(c) Further that the objector be advised of Council’s decision on the matter.

Maya Sarwary

Senior Development Assessment Officer

Attachments:

1 View	Location Map	1 Page
2 View	Section 79C Report	46 Pages
3 View	Plans	2 Pages
4	Confidential Plans	2 Pages

REFERENCE MATERIAL

Council (Development) 9 May 2011 Item 9.6

DOMESTIC APPLICATION

ITEM NUMBER 9.6

SUBJECT 46 Marion Street, Harris Park
Lot 24 DP 395

DESCRIPTION Section 96(1A) modification to approved alterations and additions to a heritage building. The modifications include changes to the internal layout, modification of condition 4 that requires tiles to be retained, deletion of condition 5 that requires the retention of french doors/shutters and modification of condition 18 to allow plant to be placed on the roof at the rear of the site.

REFERENCE DA/587/2010/A - Submitted 25 February 2011

APPLICANT/S Mr C Michaels

OWNERS Mrs P Tarros

REPORT OF Manager Development Services

DATE OF REPORT 19^th April 2011

REASON FOR REFERRAL TO COUNCIL

The original Development Application was determined by Council and the proposed Section 96(1A) application involves works to a heritage item.

EXECUTIVE SUMMARY

Section 96(1A) modification to approved alterations and additions to a restaurant (refreshment room). The modifications include internal reconfiguration of the male and female toilets, modification of condition 4 requiring the tessellated tiles (previously removed) to be replaced, deletion of condition 5 that requires the retention of french doors/shutters and modification of condition 18 to allow plant and equipment to be placed on the roof at the rear of the site.

The proposed modification involves:

i). Modification of the internal layout of the Male and Female toilets, resulting in no change to the building footprint or external façade.

ii). Modification of condition 4,which states:

4. The tessellated tiled verandah shall be retained.

Reason: To maintain heritage integrity.

The applicant first became aware the tesselated tiles were removed from the front verandah after an inspection was carried out April 2009. The tessellated tiles to the front had been removed prior to the original development application being approved, thus the condition is recommended to be modified as follows and a CRM to be created for works being undertaken without consent. A site inspection carried out on the 9^th March 2011 confirmed the tiles have been removed.

It is recommended condition 4 be modified to read as follows:

4. The tessellated tiles to the front verandah shall be reinstated to match the fenestration and colours of the existing building. Details are to be submitted to the Principle Certifying Authority, prior to the release of the Construction Certificate.

Reason: To maintain heritage integrity.

iii). Deletion of condition 5 and replacement with matching cedar doors.

Condition 5 states:

5. The French doors and shutters shall be retained and that there be no additional security screening.

Reason: To maintain heritage integrity

The applicant has provided the following reasons for the modification of the subject condition:

“The doors cannot be retained as the floor is to be lowered by 230mm for disabled access. New hand made cedar doors to match will be installed as carried out at No. 42 Marion Street”.

It is considered the proposed replacement of French doors and shutters with cedar doors and shutters is satisfactory. No objection was raised by Council’s Heritage Advisor.

It is recommended condition 5 be modified to read as follows:

5. Cedar doors and shutters shall be installed to match the existing French doors and shutters. Detailed drawings and finishes of the proposed cedar doors and shutters are to be provided to the satisfaction of Council’s Heritage Advisor prior to the issue of the Construction Certificate. No additional security screening shall be provided.

Reason: To maintain heritage integrity.

iv). Modification of condition 18 to allow plant and equipment to be erected on the flat roof of the approved addition.

Condition 18 currently limits the installation and construction of any plant and equipment to be located within the building and not to be located on the roof.

It is considered satisfactory with respect to the Harris Park DCP 2002, Roof top features to allow the installation and construction of plant and equipment to the flat roof only of the approved addition to the rear of the heritage item. The installation and construction of plant and equipment to the roof at the rear is a common element for restaurants in Marion Street as the works cannot be seen from the street and the heritage significance and value of the subject item is not detrimentally impacted upon.

It is recommended that no plant and equipment is to be attached or protrude from the walls of the approved addition and to prohibit the installation and construction of any plant and equipment to the walls and hipped roof of the heritage item to ensure the heritage item remains unaltered and streetscape is maintained.

Therefore condition 18 is to be modified to read as follows:

18. The installation and construction of all plant and equipment (including but not limited to air conditioning equipment) is to be limited to the flat roof located to the rear of the building and/or within the building itself. No plant or equipment is to be attached or protrude from the walls of the building or from the hipped roof of the heritage item. Detailed elevations and sections outlining the exact dimensions and specifications of the plant and equipment to be placed on the flat roof is to be submitted to the satisfaction of the Principle Certifying Authority prior to the issue of the Construction Certificate.

Reason: To minimize the impact on surrounding properties, improve visual appearance and amenity for the locality.

The application was notified and advertised for a 14 day period between 4 and 18 March 2011. No submissions were received. No objection to the proposed works was raised by Council’s Heritage Advisor.

The proposed Section 96(1A) modification is considered to be minor and is consistent with the existing scale and use of buildings in the area and with the objectives of the Business Zone. The proposal will not unreasonably impact the amenity of surrounding development or the streetscape.

For the above reasons, it is considered that the proposal is acceptable. Accordingly, approval of the application is recommended.

RECOMMENDATION

That Council as the consent authority, modify development consent No. DA/587/2010 under Section 96 (1A) in the following manner

Modify condition 1 to read 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
Plans numbered 1, 2 and 3 drawn by Adriaan Minnard Heritage Architect, Amendment A	09/02/2011

Document(s)	Dated
Acoustic Report prepared by ABC Advanced Engineering	26^th September, 2010
Heritage Impact Statement prepared by Adriaan Minnard	June 2010

Note: In the event of any inconsistency between the architectural plan(s) and the landscape plan(s) and/or stormwater disposal plan(s) (if applicable), the architectural plan(s) shall prevail to the extent of the inconsistency.

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

Modify condition 4 to read as follows:

Reason: To maintain heritage integrity.

Modify condition 5 to read as follows:

Reason: To maintain heritage integrity.

Modify condition 18 to read as follows:

Reason: To minimize the impact on surrounding properties, improve visual appearance and amenity for the locality.

Name Michael Tully

Title Development and Certification Officer

Attachments:

1 View	S79C Report (s96)	8 Pages
2 View	Locality Map	1 Page
3 View	Plans and Elevations	3 Pages
4 View	S79C Report (DA/587/2010)	31 Pages
5 View	Approved Plans (DA/587/2010)	3 Pages
6 View	Council Minutes re: DA/587/2010 (Nov 2010)	1 Page

REFERENCE MATERIAL

Council (Development) 9 May 2011 Item 10.1

MAJOR APPLICATION

ITEM NUMBER 10.1

SUBJECT 29 -33 Darcy Road, Westmead
(Lot 10 DP 1150428) (Arthur Phillip Ward)

DESCRIPTION Section 96(2) application to modify Development Consent No. 829/2007 (4 storey mixed use development containing a supermarket, 1360m2 of other retail space and 81 residential apartments). Modifications include reconfiguration of floor plans to accommodate NSW Fire Brigade requirements including floor level changes, exhaust rises, fenestration and roof design.

REFERENCE DA/829/2007/D - Submitted 17 December 2010

APPLICANT/S DMPS

OWNERS Coles Group Property Developments Ltd

REPORT OF Manager Development Services

DATE OF REPORT 15 April 2011

REASON FOR REFERRAL TO COUNCIL

The original development application was approved at the Regulatory Council meeting on 13 May 2009.

EXECUTIVE SUMMARY

On 11 May 2009 Council granted approval for the construction of a 4 storey mixed use development incorporating 75 apartments, retail tenancies and a supermarket over 2 levels of basement car parking. In September 2009 the site was purchased by the current owner, Coles Group Developments Limited.

On 16 December 2009 a section 96(1A) application was approved to make minor internal alterations to the development and correct errors in the wording of two conditions.

On 9 August 2010 a further section 96(1A) modification was approved at the Regulatory Council Meeting for the provision of 6 additional apartments (total 81), changes to the internal layout, relocation of flood storage area and changes to the plant rooms.

Details of the current modification are as follows:

Site/Ground Floor Plan

· Retail Unit 2 on the southern boundary of the development has been reconfigured to accommodate the indoor electricity substation. The previously proposed substation was a 'kiosk' type substation. As a result, the Retail Unit 2 floor area will be reduced from 145m2 to 142m2.

· The floor area of Retail Unit 3 is to be reduced from 151m2 to 149m2 and the floor area of Retail Unit 4 will also be reduced from 344m2 to 340m2. As a result of the reduction in floor space, the area of the arcade adjacent these retail units has been increased by 18m2.

· Entry doors of these retail units from the arcade have been adjusted due to the relocation of the arcade entry point at Darcy Road.

· The residential lobby areas throughout the building have also been increased by 3m2 which results in an overall increase of the floor area by 12m2.

· One disabled toilet facility have been added adjacent lift 2, adjacent to the residential lobby.

· The staircase adjacent to Retail Unit 2 has been reconfigured to ensure compliance with the requirements of the Building Code of Australia.

· The egress staircase has been removed from the eastern boundary of the B.O.H/plant room of the supermarket and relocated adjacent to the loading bay in the B.O.H/plant room to ensure compliance with the requirements of the Building Code of Australia (BCA).

· The egress staircase has been removed from the eastern boundary adjacent to the driveway and relocated approximately 20 metres to the north to ensure compliance with the requirements of the BCA.

· An additional staircase has also been provided for access from the flood storage area and will be constructed from galvanized steel so that it does not impede flood storage volume.

· The retaining wall on the eastern boundary has been amended to take into account the structural details for the wall and is therefore relocated from being against the boundary fence.

Basement 1 Floor Plan

· The lobby area on the western boundary has been reconfigured to ensure compliance with the requirements of the BCA.

· The provision for the storage of 8 bicycle spaces has been added into the lobby area to comply with Council's requirements for bicycle provision. Bicycle storage has been provided in the form of Class 2 compounds, as specified in AS 2H90.3 - Bicycle Parking Facilities.

· The cleaner's room in the lobby area (adjacent to the WCs) has been amended to a staff change room and toilet facilities. Additionally, the disabled toilet facilities have been amended to separate male, female and disabled change room and toilet facilities.

· The cleaner's room has been relocated adjacent to the plant room.

· A centre management office is proposed adjacent to the cleaner's room.

· The electricity substation adjacent the OSD tank has been reconfigured to mirror the ground floor amendments.

· The rainwater tank adjacent the OSD tank has also been reconfigured to allow for an additional OSD tank.

· The egress staircase has been removed from the eastern boundary adjacent to the driveway to ensure compliance with the requirements of the BCA.

· The egress staircase adjacent the grease arrestor has also been removed and replaced with a car parking space.

· The reduction of one car park space located on the north-eastern corner of basement level 1 as per traffic consultant's recommendation.

· The rear wall of the Level 1 Basement has been realigned from a curved corner to an angled corner due to the removal of 1 parking space and the deletion of two staircases. As a result, the flood storage area on the southern boundary has been reconfigured. It is noted that the modifications to the flood storage area has not amended the volume of the flood storage (1197m3).

Basement 2 Floor Plan

· Storage areas have been rearranged to ensure adequate storage areas are provided for each unit (consistent with car parking modifications required by Development Application No. 958/2010).

· The storage schedule has been amended to provide 3m3 additional storage area for Unit 5 to ensure compliance with Council's storage area controls.

· 34 car parking spaces have been nominated for non-residential uses (consistent with car parking modifications required by Development Application No. 958/2010). No change is proposed to the total car parking provision for the residential component of the development.

· The car parking schedule has been amended to reflect the additional provision of non-residential car parking spaces (see Drawing No. 4140-DA02).

· Provision for the storage of 27 bicycle spaces has been added into the basement area (accessed via the lobby) to comply with Council's requirements for residential bicycle provisions. Bicycle storage has been provided in the form of Class 2 compounds, as specified in AS 2890.3 - Bicycle Parking Facilities.

· The egress staircase directly underneath the removed staircase on Basement Level 1 has been removed and replaced with a car parking space.

· The egress staircase on the eastern boundary of the site has also been removed.

First Floor Plan

· The smoke exhaust risers on the podium level have been relocated from the circular planter boxes to the semi-circle planter boxes. .

· The bin room on the western boundary has been removed and replaced with a plant room containing residential hot water units.

· The windows in the staircases along the western boundary have been removed to ensure compliance with the requirements of the BCA.

· The staircase opposite Unit 47 has been adjusted as a result of the width of the corridor being widened to allow for disabled access.

· The FFL of Units 16, 17 and 21 have been increased by 200mm from FFL 21.68 to FFL 21.85 to achieve required head clearance heights for vehicles accessing the loading dock. It is noted that the overall maximum height of the building remains unchanged, with minor changes necessary to the parapet wall configuration adjacent Darcy Road.

· The podium layout has been reconfigured to allow for the provision of planter boxes with increased capacity.

Second Floor Plan

· Windows in the staircases along the western boundary have been removed to ensure compliance with the requirements of the BCA.

· The window in the corridor adjacent to the bin room has also been removed.

· The staircase opposite unit 61 has been adjusted as a result of the width of the corridor being widened to allow for disabled access.

· The FFL of Units 22, 23 and 27 have been increased by 200mm to RL 24.85 to achieve the required head clearance heights for vehicles accessing the loading dock at ground floor level. The overall maximum height of the building remains unchanged.

Third Floor Plan

· Windows in the staircases along the western boundary have been removed to ensure compliance with the requirements of the BCA.

· The window in the corridor adjacent to the bin room has also been removed.

· The staircase opposite unit 75 has been adjusted as a result of the width of the corridor being widened to allow for disabled access.

· The FFL of Units 28, 29 and 33 have been increased to FFL 27.85 to achieve the required head clearance heights for vehicles accessing the loading dock at ground floor level. The overall maximum height of the building remains unchanged.

Roof Plan

· Roof access hatch adjusted (resulting from corridor widening and staircase amendments of Levels 1 to 4 below).

· The roof design at the south eastern corner of the site has been amended to reflect the changes to unit levels below and to accommodate a better drainage design.

· The acoustic wall on this portion of the roof has been raised as per acoustic consultant's recommendations.

Elevations and Sections

· The parapet wall along the eastern elevation has been amended to reflect the changes in the roof design. The amendments result in an increase from RL 33.35 to RL 33.4.

· The western elevation has been amended to reflect the loss of windows.

· The parapet wall along the southern elevation has been amended to reflect the changes in the unit levels below.

· Changes to colours and materials are also proposed at the ground floor level.

It is noted that the above modifications have not been undertaken.

The proposed development to be modified is considered to be substantially the same development as that to which the original development consent relates.

The application was notified to surrounding properties and previous objectors. No submissions were received.

Council’s Catchment Engineer, Development Engineer and Landscape Officer have reviewed the modifications and raised no objections to the works proposed subject to conditions of consent.

The proposed modifications have been assessed in accordance with the matters for consideration under both Section 96(2 and section 79C of the EP&A Act 1979. The modifications will not result in any unacceptable impacts to the amenity of the area as the design, bulk and scale of the development remain congruous with the development as originally approved. The proposed modification of the original development does not raise any additional issues in respect of compliance with Council’s policies including FSR (which remains as per originally approved at 1.48:1), height and parking provision.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council as the consent authority modify Development Consent No. 829/2007 under the provisions of Section 96(2) of the Environmental Planning and Assessment Act in the following manner:

1. Modify condition No. 1 in the following manner:

Drawing N⁰	Dated
Landscape Concept Plan. Drawing No. 7109DA (2 pages). Revision L.	1 December 2010
Site / Ground Floor Plan. Job no. 4140-DA01. Issue L.	December 2010
Basement 1 Floor Plan. Job no. 4140-DA02. Issue L.	December 2010
Basement 2 Floor Plan. Job no. 4140-DA03. Issue L.	December 2010
First Floor Plan. Job no. 4140-DA04. Issue L.	December 2010
Second Floor Plan. Job no. 4140-DA05. Issue L.	December 2010
Third Floor Plan. Job no. 4140-DA06. Issue L.	December 2010
Roof Floor Plan. Job no. 4140-DA07. Issue L.	December 2010
East and West Elevation. Job no. 4140-DA08. Issue L.	December 2010
North and South Elevations and Sections. Job no. 4140-DA09. Issue L.	December 2010

2. Addition of the following conditions:

1a.) All trees planted within the site must have an adequate root volume to physically and biologically support the tree. No tree within the site is to be staked or supported at the time of planting.

Reason: To ensure the trees are planted within the site area able to reach their required potential.

1b.) All trees planted as part of the approved landscape plan are to have a minimum 45 litre container size. All shrubs planted as part of the approved landscape plan are to have a minimum 200mm container size.

1c.) The Certifying Authority shall arrange for a qualified Landscape Architect/Designer to inspect the completed landscape works to certify adherence to the DA conditions and Construction Certificate drawings. All landscape works are to be fully completed prior to the issue of an Occupation Certificate.

Reason: To ensure restoration of environmental amenity.

3. All other conditions of consent for DA/829/2007 and associated Section 96 modifications are to remain.

Denise Fernandez

Development Assessment Officer

Attachments:

1 View	Location Plan	1 Page
2 View	Section 79C Report	23 Pages
3 View	Amended Plans	5 Pages
4 View	Original Section 79C	49 Pages
5 View	Original Consent	36 Pages
6 View	Original Plans	2 Pages
7	Original Confidential PlanS	9 Pages
8	Confidential Plans	8 Pages

REFERENCE MATERIAL

Council (Development) 9 May 2011 Item 10.2

MAJOR APPLICATION

ITEM NUMBER 10.2

SUBJECT 37 Midson Road, Eastwood (Lot 22 DP 286194) (Lachlan Macquarie Ward)

DESCRIPTION Consolidation of Lots 8, 9, 10 DP 270605 and resubdivision into 4 lots numbered 13, 14, 15 and 16 with the conversion of Lot 16 to a community lot in DP 270605.

REFERENCE DA/52/2011 - Lodged 9 February 2011

APPLICANT/S AVJBOS Eastwood Developments Proprietary Limited

OWNERS AVJBOS Eastwood Developments Proprietary Limited

REPORT OF Manager Development Services

DATE OF REPORT 12 April 2011

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council due to the departure from the Eastwood Brickworks Master Plan.

EXECUTIVE SUMMARY

The application seeks approval for consolidation of Lots 8, 9, 10 DP 270605 and resubdivision into 4 lots numbered 13, 14, 15 and 16 with the conversion of Lot 16 to a community lot in DP 270605 to form a roadway. DA/53/2011 is currently with Council, which seeks approval for subdivision of Lots 13, 14 and 15 to create 75 residential lots.

In addition, the application proposes the removal of the laneway connecting King Walk (within the proposed lot 13), the relocation of Bowman Walk (within proposed lot 14) and amendments to the Carrington Crescent (within the proposed lot 14).

These modifications result in a departure from Section 20.0 of Eastwood Brickworks Master Plan which provides an indicative site plan with future lots, roads and laneways. The modification to the laneways and roads within Lot 13, 14, 15 and 16, will not result in conflict with the intent of the Master Plan and is in response to future housing. There will be no impacts on the heritage significance of the site.

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

Accordingly, the application is recommended for approval.

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 52/2011 for the consolidation of lots 8, 9 and 10 DP 270605 and re-subdivision into 4 lots numbered 13, 14, 15 and 16 with the conversion of Lot 16 to a Community Lot in DP 270605 at 37 Midson Road Eastwood for a period of five (5) years from the date on the Notice of Determination subject to the conditions in attachment 1.

Ashleigh Matta

Development Assessment Officer

Attachments:

1 View	Section 79C Report	12 Pages
2 View	Locality Map	1 Page
3 View	Plans	2 Pages

REFERENCE MATERIAL

Council (Development) 9 May 2011 Item 10.3

MAJOR APPLICATION

ITEM NUMBER 10.3

SUBJECT 37 Midson Road, Eastwood (Lot 22 DP 286194)

DESCRIPTION Subdivision of Lots 13, 14 and 15 to create 75 residential lots.

REFERENCE DA/53/2011 - Lodged 9 February 2011

APPLICANT/S AVJBOS Eastwood Developments Proprietary Limited

OWNERS AVJBOS Eastwood Developments Proprietary Limited

REPORT OF Manager Development Services

DATE OF REPORT 13 April 2011

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as the proposal seeks a SEPP 1 variation of greater than 10% to Clause 38 ‘Minimum allotment sizes for residential development’ in Parramatta Local Environmental Plan 2001 and due to the departure from the Eastwood Brickworks Master Plan.

EXECUTIVE SUMMARY

The application seeks approval for subdivision of Lots 13, 14 and 15 proposed under DA/52/2011 to create 75 residential lots for future dwelling development. No dwellings are proposed under this application.

In addition, the application proposes associated earthworks including excavation and filling to prepare the lots for future housing and road and drainage works within Lot 1 (former Lot 16 under DA/52/2011).

Under the Master Plan, dwelling types are ascribed to allotments of certain minimum dimensions. The application proposes subdivision of lots 13, 14 and 15 for detached housing, semi detached housing, terrace housing and courtyard housing. The application proposes the following site dimensions for the respective dwelling type:

· Subdivision of lots intended for detached housing have lot sizes ranging from 348.5m² to 700.9m².

· Subdivision of lots intended for semi detached housing have lot sizes ranging from 248.9m² to 310.6m².

· Subdivision of lots intended for terrace housing have lot sizes ranging from 189.8m² to 254.3m².

· Subdivision of lots intended for courtyard housing have lot sizes of 356.5m² and 358.1m².

The proposed lot sizes are consistent with the aims and objectives of the Master Plan, consistent with the existing allotments and houses within the estate and results in compliance with the overall housing yield for the Brickworks site.

There will be no impacts on the heritage significance of the site.

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

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) Further, that Council as the consent authority grant development consent to Development Application No. 53/2011 for subdivision of proposed Lots 13, 14 and 15 to create 75 residential lots and associated road and earthworks at 37 Midson Road Eastwood for a period of five (5) years from the date on the Notice of Determination subject to the conditions within attachment 1.

Ashleigh Matta

Development Assessment Officer

Attachments:

1 View	Section 79C Report	23 Pages
2 View	Plans	7 Pages
3 View	Locality Map	1 Page

REFERENCE MATERIAL

Council (Development) 9 May 2011 Item 10.4

MAJOR APPLICATION

ITEM NUMBER 10.4

SUBJECT Lots 17C, 231-234, 242-245, 249-253 in DP 752058, Granville Park (Pk 24), 188 Woodville Road & 2 Montrose Avenue, MERRYLANDS, NSW 2160

DESCRIPTION Use of Granville Park on 22 May 2011 for an Oztag tournament and carnival.

REFERENCE DA/115/2011 - 7 March 2011

APPLICANT/S Diversity Enterprises Australia (trading as Oztag Community Cup)

OWNERS Department of Lands in Parramatta City Council’s care, control and management

REPORT OF Manager Development Services

DATE OF REPORT 13 April 2011

REASON FOR REFERRAL TO COUNCIL

Land under Council’s care, control and management

EXECUTIVE SUMMARY

Approval is sought to use Granville Park to hold an Oztag tournament and carnival on 22 May 2011. The application indicates that the anticipated number of participants is to be up to 3000. The event is proposed to run between 8am and 8pm and is to involve an Oztag (a version of touch football) tournament, a carnival, food stalls and a fireworks display. The Oztag tournament is to run between 9am and 6pm. The tournament will be run on the playing fields to the north-western and south-eastern corners of Granville Park. The carnival component of the event will run between noon and 8pm, with an animal farm running between noon and 4pm. The carnival will be setup in the portion of the park usually used by circuses, being the informal portion of the park fronting Woodville Road, between the playing fields and McDonalds, and the animal farm will be setup at the Merrylands Road frontage next to McDonalds. Food and beverage (no alcohol will be sold or allowed in the park during the event) stalls will be provided, together with information stalls, which will be setup between the playing fields at the corner of Montrose Avenue and Merrylands Road and the carnival area. A St. Johns Ambulance and registration area as well as portable toilets (total of 15) will be provided to the south of both playing fields. Traffic controllers and security guards will be employed for the event. A 7-8 minute fireworks display is proposed to commence at 7pm, to be let off from the north-western playing field. The proposed alternate date for the event should inclement weather force cancellation on 22 May is 29 May 2011.

The site is part zoned 6A Public Open Space, part zoned 9A Open Space (Proposed) and is part unzoned. The temporary use of the park for a sports tournament and carnival falls within the category of uses that are permitted for casual hire under the provisions of clause 3.6.17 of the Sportsground Plan of Management, which is applicable to the site. Whilst the use of the park for sports and stalls (ie a market) is permitted, the use for a carnival does not fit into any of the defined purposes that are permissible.

However, the provisions of clause 50 ok PLEP 2001 (addressed later in this report) allow approval of any use on a temporary basis and as such, subject to satisfying the provisions of clause 50, the use is permissible with consent.

The proposed use is consistent with the requirements of State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment), LEP 2001 and DCP 2005.

No submissions were received during the notification period.

Accordingly, the application is recommended for approval.

RECOMMENDATION

That Council as the consent authority, grant development consent to Development Application No. DA/115/2011 for the use of Granville Park for a Oztag tournament with ancillary carnival, stalls, aminal farm and fireworks display on 22 May 2011 at 188 Woodville Road and 2 Montrose Avenue, (being Granville Park) Merrylands, as shown on the approved plans, subject to the recommended conditions.

Kerry Gordon

Consultant Town Planner

Kerry Gordon Planning Services Pty Ltd

Attachments:

1 View	Locality Map	1 Page
2 View	Section 79C Report	21 Pages
3 View	Plans	1 Page
4 View	Photographs	1 Page

REFERENCE MATERIAL

Council (Development) 9 May 2011 Item 10.5

MAJOR APPLICATION

ITEM NUMBER 10.5

SUBJECT 11-12 St Andrews Street, Dundas
(Lot 4 DP 222650 and Lot 3 DP 222650)

DESCRIPTION Section 96(2) application to modify Consent No 595/2005 (RFB). The following amendments are sought, removal of an additional tree, relocation of the bin compound, changes to the internal layout, changes to the external facade and changes to the finished floor level of the common open space area.

REFERENCE DA/595/2005/A - 23 December 2010

APPLICANT/S Dundas Holding Pty Ltd

OWNERS Mr G Allan and Mrs I C Allan

REPORT OF Manager Development Services

DATE OF REPORT 13 April 2011

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as the original application was approved at the Regulatory Council Meeting of 12 December 2005.

EXECUTIVE SUMMARY

The application seeks to modify Development Consent No. 595/2005 under the provisions of Section 96(2) of the Environmental Planning and Assessment Act. This consent has been activated as works associated with the approval have commenced.

Development Consent No. 595/2005 granted consent for the construction of a 3 storey residential flat building containing 12 dwellings over basement car parking and strata subdivision into 12 lots.

Approval is sought to modify the application which includes the following:

· The location of the rainwater tank with a straight path from the basement level to the ground floor lobby is included on the stormwater and landscape plan.

· The location of the bins, clothes lines and cabana is shown on the stormwater plan to consolidate the details contained in the architectural and landscape plans.

· The finished levels for the common open space area are increased and detailed on plans. The amended plans show that the floor level of the ground floor units (RL 33.91) is below the common space area at RL 32.93.

· The electrical unit room formerly located within the stairwell area in the basement is to be relocated so it adjoins the storage area and parking space of Unit 12.

· The allocation of car spaces and storage areas to individual units.

· The inclusion of a security roller gate to the entry of the basement carpark for improved security.

· Reconfiguration of the internal floor area on the ground floor which results in the relocation of the kitchen to the eastern side and the dining areas to the western side of Units 1 and 3. The internal floor area on the ground floor of Units 2 and 4 have also been reconfigured which results in the kitchen area relocating to the western side and the living area to the eastern side. It is noted that there is no increase in the floor space as a result of this amendment.

· The size of the waste bin area located at grade on the northern side is to be increased from 5m2 to 16.24m2. Due to the enlarged bin area, a Poplar tree is proposed to be removed.

· Amend the schedule of external finishes to incorporate face bricks.

· The size of the corner balconies of Units 8 and 12 are increased by 4.46m2 due to its extension to the area in front of Bedroom 1.

It is noted that the above modifications have not been undertaken.

No submissions were received during the notification period.

The modifications were reviewed by Council’s Landscape Officer and no objections have been made.

The proposed modifications will not result in any unacceptable impacts to the amenity of the area as an appropriate level of privacy for adjoining sites is maintained and the design, bulk and scale of the development remains commensurate with the development as previously approved. The development as modified is substantially the same development as that originally approved. The proposed modification of the original development consent does not raise any additional issues in respect of compliance with Council’s policies including overall height and floor space ratio which remain unaltered by the proposal. Accordingly, approval of the application is recommended.

RECOMMENDATION

That Council as the consent authority modify Development Consent No. 595/2005 under the provisions of Section 96(2) of the Environmental Planning and Assessment Act subject to the conditions contained in Attachment 1.

Denise Fernandez

Development Assessment Officer

Attachments:

1 View	Section 79C Report	18 Pages
2 View	Location Plan	1 Page
3 View	Amended Plans	8 Pages
4 View	Original Section 79C	8 Pages
5 View	Original Consent	20 Pages
6 View	Original Plans	3 Pages
7	Originial Confidential Plans	2 Pages
8	Confidential Plans	5 Pages

REFERENCE MATERIAL

Council (Development) 9 May 2011 Item 10.6

MAJOR APPLICATION

ITEM NUMBER 10.6

SUBJECT 19-21 Cook Street, Telopea
Lots 646 and 647 DP 36743 (Lachlan Macquarie Ward)

DESCRIPTION Demolition, tree removal and construction of a multi-unit housing development comprising of 6 dwellings over a basement carpark containing 14 car spaces and strata subdivision.

REFERENCE DA/794/2010 - 5 October 2010

APPLICANT/S Betel Pty Ltd

OWNERS Betel Pty Ltd

REPORT OF Manager Development Services

DATE OF REPOrT

14^th April 2011

REASON FOR REFERRAL TO COUNCIL

This application is brought to Council for determination due to the number of submissions received and the future down zoning of the site to R2 Residential Zone under the Draft LEP 2010.

EXECUTIVE SUMMARY

Approval is sought for the demolition, tree removal and construction of a multi-unit housing development comprising of 6 dwellings over a basement carpark containing 14 car spaces and strata subdivision of completed development.

The proposed development is defined as “multi unit housing” under the Parramatta LEP 2001 and is permitted with development consent under the current 2B Residential zoning applying to the land.

Cook Street is characterised by a mix of single and two storey detached dwelling houses. A multi-unit housing development has been constructed to the rear of the site. This development to the rear, however, is not clearly visible from Cook Street.

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 not permitted in the draft zone. The proposal is not consistent with the relevant objectives of the zone.

The proposed development does not comply with a number of the design requirements of the Parramatta LEP 2001 and Parramatta DCP 2005 for multi-unit housing developments. These include:

· Height;

· Street setback;

· Attic size;

· Deep soil zone;

· Building Separation; and

· Communal open space.

In accordance with Council’s Notification DCP, owners and occupiers of surrounding properties were given notice of the application for a 21 day period between the 20^th October 2010 to 10^th November 2010. In response, three (3) written submissions objecting to the development were received. One of the submissions objecting to the development included a petition with eight (8) signatures. A total of 11 people objected to the proposed development in writing.

Further to this an on-site meeting was held on 29 March 2011 and 34 members of the public attended, along with Councillor Wearne and Councillor McDermott. The concerns raised in submissions have been addressed in the attached 79C Report and warrant refusal of the application.

Accordingly the application is recommended for refusal.

RECOMMENDATION

(a) That Council as the consent authority REFUSE Development Application No. 794/2010 for demolition, tree removal and construction of a multi-unit housing development comprising of 6 dwellings over a basement carpark containing 14 car spaces with strata subdivision on land at 19-21 Cook Street, TELOPEA NSW 2117 for the reasons given in the attached Section 79c Report.

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

David Little

Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 79c Report	38 Pages
2 View	Locality Map	1 Page
3 View	Plans and Elevations (assessed)	20 Pages
4 View	Amended Plans and Elevations with Statement (Not assessed)	17 Pages
5 View	On site meeting notes	4 Pages

Council (Development) 9 May 2011 Item 10.7

MAJOR APPLICATION

ITEM NUMBER 10.7

SUBJECT 104 Oakes Road and 287 Old Windsor Road, Toongabbie (Lot 1 DP 559006 and Lot 1 DP 620256)

DESCRIPTION Section 96(1A) application to modify Development Consent No. 255/2010 (Construction of a 3 storey office building with associated carparking within the Baxter Health Care Complex) It is proposed to modify condition 78A regarding planting along the southern portion of the site.

REFERENCE DA/255/2010/B - 14 March 2011

APPLICANT/S Monaco Hickey Pty Ltd

OWNERS Baxter Healthcare Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT

15 April 2011

REASON FOR REFERRAL TO COUNCIL

The original development application was approved at the Development Council meeting on 11 October 2010

EXECUTIVE SUMMARY

The original development application granted approval for:

Construction of a 3 storey office building within the Baxter health care complex.

· Construction of a three storey commercial building with 2,914sqm of floor area

· Consolidation of the existing 2 allotments into 1 allotment

· Removal of 30 trees

· Provision of an additional 139 car parking spaces (total 524 spaces on the site)

· Reconfiguration of existing car parking to provide a uniform designed car park

· Provision of landscaping

Section 96 modification DA/255/2010/A for retrospective approval for removal of an additional 67 trees from the site on was granted approval at the Development Council meeting on 14 February 2011.

This modification seeks approval to modify condition 78A that requires the planting of 30 trees along the southern boundary of the site between the carpark and the adjoining property. The modification seeks approval to plant eleven trees in an alternate location to the east of the carpark. This being 19 less trees than that required in condition 78A.

A survey plan prepared by the applicant has identified that the driveway to the adjoining light industrial development at No. 96 Oakes Road, Toongabbie is partially located within the Baxter site. Planting the landscaping between the edge of the retaining wall and the property boundary would require removing part of the driveway and would impede access to this property.

Council’s landscape officer raises no objection to the revised planting location of the 11 trees and has recommend that a condition be imposed requiring the applicant to provide a further 19 trees within the site. This will ensure that the intent of condition 78A being the planting of 30 trees on the site is retained. There will be no adverse impact on terms of screening of the development or streetscape as the intent behind the original condition was to ensure an adequate number of scale plantings across the site.

The proposed development to be modified is considered to be substantially the same development as that to which the original development consent relates. The changed location of additional landscape planting does not result in a development that is not substantially the same as the original development. The essence of the development which is the construction of a three storey office building with associated carparking and landscaping works will remain. The revised landscaping works, does not change the definition of the development under Parramatta LEP 2001

The application was notified to surrounding properties and previous objectors. No submissions were received.

Accordingly, the application is recommended for approval.

RECOMMENDATION

That Council as the consent authority modify development consent No. DA/255/2010 in the following manner:

1. Modify condition 78A to state:

Prior to the Issue of an occupation certificate tree planting shall be undertaken in accordance with the plan marked up by Xeriscapes and labelled Soft Works plan that is stamped and returned with this consent. A further 19 trees shall be planted within the site prior to the issue of the occupation certificate. Suitable species for this additional planting include (or a mixture of) the following:

· Elaeocarpus reticulatus (Blueberry Ash)

· Hymenosporum flavum (Native Frangipani)

· Melaleuca bracteata (River Tea Tree)

· Callistemon citrinus (Scarlet Bottlebrush)

NOTE: Minimum container size of 25 litres

Reason: To ensure the restoration of the environmental amenity of the area.

Brad Delapierre

Team Leader

Development Assessment Team

Attachments:

1 View	Section 96 Assessment Report	7 Pages
2 View	Localilty Map	1 Page
3 View	Plans	2 Pages
4 View	Previous section 96 Report (DA/255/2010/A)	45 Pages
5 View	Original Council Report(DA/255/2010)	71 Pages

Council (Development) 9 May 2011 Item 10.8

MAJOR APPLICATION

ITEM NUMBER 10.8

SUBJECT 167 Carlingford Road, Epping
Lot 7 Sec 1 DP 1026 (Lachlan Macquarie Ward)

DESCRIPTION Section 96 (2) application to modify Development Applciation No. 1123/2005 (multi-unit development containing five townhouses). The changes include the provision of additional bedrooms, increasing the depth of each building, increasing the height, changes to the external facade, provision of additional windows, changes to the internal layout and provision of two additional parking spaces (total 12) within the basement carpark.

REFERENCE DA/1123/2005/A - 10 November 2010

APPLICANT/S New Austructures Pty Ltd

OWNERS Mr A P Read and Ms A J Koolhaas

REPORT OF Manager Development Services

DATE OF REPORT

18 April 2011

REASON FOR REFERRAL TO COUNCIL

The Section 96 application has been referred to Council for determination as the original development application was determined by Council.

EXECUTIVE SUMMARY

Approval is sought for the modification to an approved multi-unit development containing 3 townhouses. The modification includes the following:

· Increase in length of both buildings from 12.85m to 14m , resulting in floor area increases;

· Increase in basement length from 38.99m to 41.6m, accommodating an increase in car parking number from 10 spaces to 12 (2 spaces per unit and 2 visitor spaces);

· Internal and external changes to ground floor including the deletion of the back veranda and changes to the number and location of windows;

· Internal and external alterations to the first floor of each units including the deletion of balconies, window changes and the following changes in bedroom numbers:

Ø Unit 1 will change from 3 bedroom to 4 bedroom;

Ø Unit 2 will change from 3 bedroom to 4 bedroom;

Ø Unit 3 will change from 2 bedroom to 3 bedroom;

Ø Unit 4 will remain 2 bedroom;

Ø Unit 5 will change from 2 bedroom to 2 bedroom with study;

· Increase in height of the ground and first floor RL heights by 0.1m;

· The rear setback has been increased from 8.5m to 7.84m;

· The ridge height of the front building increased from RL 134.58 to RL 135.61;

· The ridge height of the rear building increased from RL 135.68 to RL 136.16;

· Alterations to the stormwater system design;

· Alteration to the proposed landscaping design;

· Alterations to the approved materials schedule.

The application was notified in accordance with Council’s Notification DCP and two submissions objecting and one supporting the development were received. The concerns raised have been addressed in the attached 79C Report and do not warrant refusal and further amendment of proposal.

It is considered that the development remains substantially the same.

Overall the modifications will not adversely impact adjoining sites in terms of bulk and scale, solar access and visual or acoustic privacy, subject to recommended conditions relating to the height of Unit 5.

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/1123/2005in the manner outlined in attachment 1.

(b) That the original objectors to be notified of Council’s decision.

David Little

Development Assessment Officer

Attachments:

1 View	Section 79c Report	30 Pages
2 View	Locality Plan	1 Page
3 View	Architectural Plans	8 Pages
4 View	Waste Management Plan	11 Pages
5 View	Basix Certificate	14 Pages
6 View	External Materials and Finishes Schedule	1 Page
7 View	Statement of Environmental Effects	8 Pages
8 View	OSD Design Document	1 Page
9 View	Original Development Consent	17 Pages
10 View	Original Assessment Documents	13 Pages
11 View	Original Plans Approved	7 Pages

Council (Development) 9 May 2011 Item 10.9

MAJOR APPLICATION

ITEM NUMBER 10.9

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

Note: This report was deferred form the Council Meeting on 11 April 2011 for an on site meeting and further advice as to whether similar applications should be assessed under draft Parramatta LEP 2010 and not LEP 2001.

The further information will be provided in due course under separate cover.

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) 9 May 2011 Item 10.10

MAJOR APPLICATION

ITEM NUMBER 10.10

SUBJECT 297 -299 Woodville Road (Cnr constance Street) Guildford
(Lot 7 and 8 in DP 128795) (Woodville Ward)

DESCRIPTION Tree removal and construction of a 3 storey mixed use development containing 3 ground floor retail tenancies and 12 apartments with at grade and basement carparking accessed from Constance Street

REFERENCE DA/826/2010 - Lodged 19 October 2010

APPLICANT/S Designcorp Pty Ltd

OWNERS Mr M Mustafa

REPORT OF Manager Development Services

DATE OF REPORT

22 March 2011

REASON FOR REFERRAL TO COUNCIL

Note: This report was deferred for the Council Meeting on 11 April 2011 for further information.

The further information will be provided in due course under separate cover.

The proposal is referred to Council for determination as under the Draft Local Environmental Plan 2010 the residential component of the development would be prohibited.

EXECUTIVE SUMMARY

The proposal involves tree removal and the construction of a 3 storey mixed use development containing 3 ground floor retail tenancies and 12 apartments with at grade and basement carparking accessed from Constance Street.

Three submissions were received objecting to the proposal. The objections relate primarily to the following issues: parking and traffic, bulk and scale, intensification of the site, air quality and acoustic concerns relating to Woodville Road. 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 Design Review Panel and the proposal is considered to be of an appropriate design quality.

The proposal complies with the prescribed requirements of Parramatta Local Environmental Plan 2001 and its DCP. In particular, the proposal satisfies the key development controls of FSR, height and building setbacks. The proposal is consistent with the objectives of the LEP and there will be no likely unacceptable impacts on adjoining properties.

The site is proposed to be zoned B6 by Draft Local Environmental Plan 2010. This instrument will prohibit the development as both retail shops and residential accommodation is prohibited by the proposed zone. As discussed in the attached report, as the bulk scale and density of the development is consistent with that envisioned by DLEP 2010, it is not considered that the provisions of DLEP 2010 warrant refusal of the proposal.

Accordingly, approval of the application is recommended.

RECOMMENDATION

a) That Council as the consent authority grant development consent to Development Application No. 826/2010 for tree removal and construction of a three storey mixed use development at 297 Woodville Road, Guildford, subject to the conditions contained in attachment 1:

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

Brad Delapierre

Team Leader Development Assessment Team

Attachments:

1 View	Section 79C Report	57 Pages
2 View	Locality Plan	1 Page
3 View	Architectural Plans	5 Pages
4	Confidential Residential Floor Plans	4 Pages

REFERENCE MATERIAL

Council (Development) 9 May 2011 Item 10.11

MAJOR APPLICATION

ITEM NUMBER 10.11

SUBJECT 320 Railway Terrace, Guildford
Lot 1 DP 177259 (Woodville Ward)

DESCRIPTION Demolition and construction of a 5 storey building containing a local shop and 11 units under the Affordable Rental Housing SEPP (2009).

REFERENCE DA/833/2010 - 20 October 2010

APPLICANT/S TJI & CO P/L

OWNERS TJI & CO P/L

REPORT OF Manager Development Services

DATE OF REPORT 17 March 2011

REASON FOR REFERRAL TO COUNCIL

Note: This report was deferred from the 11 April 2011 Council Meeting for an on site meeting and further advice on possible grounds for refusal. The further information will be provided in due course under separate cover.

This application is referred to Council for determination as a variation of more than 10% is sought to Clause 39(1)(b) – Maximum Height (Residential Flat Building) of Parramatta Local Environmental Plan 2001.

EXECUTIVE SUMMARY

The proposal involves the demolition of an existing building on the site and the construction of a 5 storey building containing a local shop and 11 units under the Affordable Housing SEPP. The development proposes 6 units to be allocated for the purposes of affordable housing. The application is made pursuant to the Affordable Rental Housing SEPP (2009).

One submission has been received objecting to the proposal. The objection related primarily to the time and date of demolition and construction, pollution and noise as a result of the demolition and construction works, parking of construction vehicles, insufficient car parking and monitoring of parking conditions by Council’s Rangers. 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 the Design Review Panel and the proposal is considered to be of appropriate design quality.

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 and there will be no likely unacceptable impacts on adjoining properties.

While the density of the proposed development (1.3:1) is higher than that permitted under PLEP 2001 for Residential Flat Buildings in the Residential 2C zones (0.8:1) the development will provide more than 50% of the units (6 units) for the purposes of affordable housing. In cases where units will be dedicated as affordable housing, the Affordable Housing SEPP allows properties to take advantage of a 0.5:1 FSR bonus. Thus allowing buildings with 1.3:1 FSR.

The application also seeks to vary Clause 39(1)(b) – Maximum Height (Residential Flat Building) of Parramatta Local Environmental Plan 2001. The clause allows a maximum of 3 storeys for residential flat buildings. The proposal seeks approval for a 5 storey residential flat building which equates to a 40% variation to the development standard. The variation is considered to be acceptable given that the subject site is opposite from Guildford Railway Station where higher density developments are appropriate. In addition, the Draft PLEP will allow for a maximum height of 17 metres for developments on the subject site. The proposed development has a maximum height of 16.5 metres and is therefore consistent with the future desired character of the area.

Accordingly, approval of the application is recommended.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. 833/2010 for demolition and construction of a 5 storey building containing a local shop and 11 units under the Affordable Rental Housing SEPP at 320 Railway Terrace, 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 objector be advised of Council’s decision.

Denise Fernandez

Development Assessment Officer

Attachments:

1 View	Section 79C Assessment Report	82 Pages
2 View	Location Plan	1 Page
3 View	Plans and Elevations	11 Pages
4	Confidential Plans	8 Pages

REFERENCE MATERIAL

Council (Development) 9 May 2011 Item 10.12

MAJOR APPLICATION

ITEM NUMBER 10.12

SUBJECT 8 Willoughby Street, Epping
Lot 1 DP 13928

DESCRIPTION Demolition, tree removal and construction of a detached dual occupancy development with Torrens title subdivision.

REFERENCE DA/599/2010 - 28 July 2010

APPLICANT/S Residential Logistics Pty Ltd

OWNERS Mr A R Cale and Mrs K S Cale

REPORT OF Manager Development Services

DATE OF REPORT 17 March 2011

REASON FOR REFERRAL TO COUNCIL

Note: This report was deferred from the Council Meeting on 11 April 2011 for further information.

The further information will be provided in due course under separate cover.

The application is being referred to Council for determination due to the number of submissions received.

EXECUTIVE SUMMARY

Approval is sought for demolition, tree removal and construction of a detached 2 storey dual occupancy development with Torrens title subdivision.

Both notifications of the development and the amended plans generated a combined 54 individual submissions and 1 petition with 82 signatures. The issues raised in the submissions include, concerns over bulk and scale, building height contributing to an inconsistent streetscape, overlooking into adjoining properties, increase in local traffic, removal of existing trees, reduction in solar access to adjoining properties, concerns over the demolition process, inconsistent setbacks, insufficient private open space, compliance with the BASIX certificate, inappropriate subdivision, social impacts, inconsistent notification process and non-compliance with the zoning objectives. The issues raised in the submissions have been assessed and do not warrant refusal or further amendment to the proposal.

The application has been reviewed by Council’s Development Engineer and Council’s Landscape Officer who both raise no objections to the proposal.

The proposal is a permissible land use in the Residential 2A zoning and satisfies the objectives and requirements of LEP 2001 and DCP 2005. The proposed dual occupancy development as amended is appropriately sited on the subject site and is of a suitable bulk and scale to maintain residential amenity for adjoining sites.

Accordingly, approval of the application recommendation.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. 599/2010 for demolition, tree removal and construction of a detached 2 storey dual occupancy development with Torrens title at 8 Willoughby Street, Epping, 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 Assessment Report	62 Pages
2 View	Location Plan	1 Page
3 View	Plans and Elevations	4 Pages
4	Confidential Plans	4 Pages

REFERENCE MATERIAL

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