Agenda of Council (Development)

COUNCIL CHAMBERS

The Lord Mayor Clr John Chedid – Elizabeth Macarthur Ward

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

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

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

Staff

GALLERY

Council (Development) 14 June 2011

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council - 23 May 2011

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 Rescission Motions

7.1 DA Assessment Governance Framework

7.2 Smoking Ban

Note

A rescission motion has been also been listed for consideration in Closed Session. Pls See Item 13.2.

8 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

9 Reports - Domestic Applications

9.1 11 Francis Street, Epping
Corner Lot 30 & DP 6485 (Lachlan Macquarie Ward)

9.2 29 Rhodes Avenue, Guildford
(Lot 4 DP 577663) (Woodville Ward)

9.3 71 Adam Street, Guildford
Lot 2 DP 35058

10 Reports - Major Applications

10.1 235 -237 Woodville Road, Merrylands
Lot 1 & Lot 2 DP 132251

10.2 358 Woodville Road, Guildford
(Lot 6 DP 6425) (Woodville Ward)

10.3 29-33 Darcy Road, WESTMEAD NSW 2145
Lot 1 DP 736142, Lot A DP 360736 and Lot 19 DP 7407.

10.4 32 Berry Street, Clyde (Lot 1 DP 799094)

10.5 Level 1, 267 Church Street Parramatta (Lots 1-2 DP 400078)

10.6 5 Sutherland Road North Parramatta
Lot 1 DP 119493 (Arthur Phillip Ward)

10.7 32-34 Fitzgerald Road, Ermington
Lot 16 DP 19056 and Lot 15 DP 19056

10.8 147 Parramatta Road, Granville
(Lot 1 DP 619597 & Lot 1 DP 507293)(Elizabeth Macarthur Ward)

10.9 25 Lewis Street, EPPING (cnr of Ryde Street)
LOT 1 DP 13695 (Lachlan Macquarie Ward)

10.10 142-146 Woodville Road Merrylands (Lot 50 DP 792662 & Lots 2 and 3 DP 129111)

11 Notices of Motion

11.1 Moving report from Closed Session

12 Economy and Development

12.1 Variations to Standards under SEPP 1

12.2 Social Impact Assessment for DAs made under SEPP (Affordable Rental Housing) 2009

13 Closed Session

13.1 Legal Matters Monthly Report to Council

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

13.2 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.

14 DECISIONS FROM CLOSED SESSION

15 QUESTION TIME

Council (Development) 14 June 2011 Item 7.1

RESCISSION MOTION

ITEM NUMBER 7.1

SUBJECT DA Assessment Governance Framework

REFERENCE F2008/00998 - D01972698

REPORT OF Administration Officer

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

RECOMMENDATION

That the resolution of the Council Meeting held on 23 May 2011, regarding DA Assessment Governance Framework namely:-

“(a) That Council re-affirm the decision of 9 March 2009 and amended on 28 June 2010 regarding the functions delegated to the Chief Executive Officer that relate to the determination of development applications, subject to the following changes, being:

(1) Approve development applications (including Section 96 applications) provided:

i. There are not more than 9 objections to the development; or

ii. The development does not involve a variation to a Development Standard of more than 10%; or

ii. The development application does not relate to land in which Council holds, or has recently held, a direct pecuniary interest; or

iii. The development application is not known to have been made, or relate to a property owned by a member of staff or a Councillor; or

iv. The development application does not involve demolition of a heritage item; or

v. The development application does not relate to a brothel, massage parlour, sex service premises, restricted premises, tattoo parlour, place of public worship, infill housing under the Affordable Housing SEPP or boarding house;

vi. The application does not seek a review of determination under Section 82A review; or

vii. The application is not a Section 96(AA) application, or

viii. The application is not a Section 96(2) application where the original development application was determined by the elected Council; or

ix. The application is not a Section 96 (1A) application where the original development application was determined by the elected Council and the modification sought relates to a condition which was added by the Council beyond the recommendation contained in the officer report.

(b) That if any 2 or more Councillors give the CEO notice in writing that a DA should be considered at a Council Meeting, that application must be referred to Council for determination.

(c) That a monthly report be provided to Councillors listing in summary all development applications which have any of the following characteristics:-

i. still under consideration for 6 months or longer;

ii. more than $750,000 in value;

iii. have attracted any objections;

iv. have an impact or are in a heritage or conservation zone.

(d) That the site inspection, if required, occur in the week before the Council meeting, once the officers’ assessment report has been completed;

(e) That an amendment to the Notification Development Control Plan be prepared to introduce an extended notification period over the Christmas period as outlined in the attached report;

(f) That referral to NSW Police Service of DAs be for liquor licences matters associated with Hotels and Clubs unless the CEO determines otherwise; and

(g) Further, that the Code of Meeting Practice be amended to provide for the consideration of development applications at all Council meetings.”

be and is hereby rescinded.

Attachments:

1 View

Previous Council Report

20 Pages

Council (Development) 14 June 2011 Item 7.2

RESCISSION MOTIONS

ITEM NUMBER 7.2

SUBJECT Smoking Ban

REFERENCE F2004/10350 - D01983401

REPORT OF Councillor M D McDermott

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

RECOMMENDATION

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

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

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

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

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

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

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

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

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

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

be and is hereby rescinded.

Attachments:

There are no attachments for this report.

Council (Development) 14 June 2011 Item 9.1

DOMESTIC APPLICATION

ITEM NUMBER 9.1

SUBJECT 11 Francis Street, Epping
Corner Lot 30 & DP 6485 (Lachlan Macquarie Ward)

DESCRIPTION To amend Condition 11A of the consent for the carpark and driveway surface from stamped redbrick pattern concrete to grey (plain) concrete.

REFERENCE DA/407/2008/B - Submitted on 7 April 2001

APPLICANT/S Mr J S Doodha and Mrs K J Doodha

OWNERS Mr J S Doodha and Mrs K J Doodha

REPORT OF Manager Development Services

DATE OF REPORT 19^th May 2011

REASON FOR REFERRAL TO COUNCIL

This application is reported to Council as it seeks to modify a development consent issued by the Land & Environment Court under Section 96(AA) of the Environmental Planning and Assessment Act, 1979.

EXECUTIVE SUMMARY

On 5 December 2008, Development Application (DA/407/2008) for demolition, tree removal and construction of a centre based childcare centre for 41 children with 10 on-site car parking spaces was approved by the Land & Environment Court.

This current application seeks approval to amend condition 11A of the court issued consent to change the driveway and carpark surface from stamped redbrick pattern concrete to grey (plain) concrete.

Condition 11A is one of 93 conditions of the consent that were imposed by the Land & Environment Court when it handed down on 5 December 2008.

The application has been assessed against Section 96(AA) of the Environmental Planning and Assessment Act, 1979, Parramatta Local Environmental Plan 2001 and Development Control 2005 and the application is satisfactory in regards to the proposed change.

In accordance with Council’s Notification DCP, owners and occupiers of surrounding properties, and all objectors were given notice of the application for a 14 day period between 21 April 2011 and 5 May 2011. No objections from the public have been received in relation to this application.

Based on the assessment of the current request to modify condition 11A, approval is recommended.

RECOMMENDATION

That Council as the consent authority, modify development consent 407/2008 under Section 96(AA) of the EP&A Act, 1979 in the following manner:

1. Modify condition 11A as follows:

11A The carpark surface is to be grey (plain) concrete.

Kim Tan-Lim

Senior Development Assessment Officer

Attachments:

1 View	Section 79C report	8 Pages
2 View	Locality map	1 Page
3 View	Consent issued by Land & Environment Court	19 Pages

REFERENCE MATERIAL

Council (Development) 14 June 2011 Item 9.2

DOMESTIC APPLICATION

ITEM NUMBER 9.2

SUBJECT 29 Rhodes Avenue, Guildford
(Lot 4 DP 577663) (Woodville Ward)

DESCRIPTION Change of use of an existing dwelling to a community facility - day program for up to 22 people with disabilities.

REFERENCE DA/65/2011 - 15 February 2011

APPLICANT/S Urban City Consulting Pty Ltd

OWNERS Australian Foundation for Disability

REPORT OF Manager Development Services

DATE OF REPORT 20 May 2011

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council for determination as 16 submissions have been received in response to notification of the development.

EXECUTIVE SUMMARY

It is proposed to change the use of an existing dwelling to a day program facility for disabled persons. The facility provides programs for young people with disabilities to increase the skills they need to work towards their goals, increase their independence and participate in the community. Clients can learn basic development skills including music and dance, letters and numbering, computer skills, massage, art and craft, reading and storey telling, cooking skills, money skills, fitness, musical instruments, and health and safety principles.

The proposal involves minor internal works such as demolition of internal walls and making good existing floors, walls and ceilings.

The proposed hours of operation are Monday to Friday 8.00am to 4.00pm with clients accessing the service between 8.30am and 3.00pm. The use will not operate on weekends or on public holidays. There is no overnight accommodation at the site.

The facility is run by a non-profit community organisation named ‘Australia Foundation for Disability’ (AFFORD).

AFFORD currently run day programs similar to that subject of the current application at various sites in Sydney including, Ashfield, Campbelltown, Canley Vale, Chipping Norton, Condell Park, Green Valley, Kings Park, Lakemba and Mount Druitt .

A Building Certificate (BC/13/2011) has been lodged with Council for the awning/carport located at the rear of the site which has been erected without consent. This BC has not been determined to date

The proposed use is defined as “community facility” under PLEP 2001 and is permissible under the residential 2(B) zoning applying to the land.

The application was notified for a 21 day period between 2 March and 23 March 2011. The application was also advertised in the local newspaper and a site sign was placed on the site. In response, 16 submissions, 15 of which are form letters were received objecting to the proposal. Issues raised relate to the development resulting in excessive traffic generation, noise impacts, the use being converted to a group home or a medical facility, the number of clients being increased once approved, and potential incidents occurring from clients of the facility.

Due to the number of submissions received during the notification period, the application was subject to an on-site meeting held on Saturday 2^nd of April 2010.

The proposal is considered to be satisfactory in respect to car parking and traffic generation, noise, disabled access, waste and recycling and general amenity. The development retains the residential dwelling built form of the existing building and therefore retains the residential character of the surrounding area. As such it is recommended that the application be approved subject to conditions.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. 65/2011 for the change of use of an existing dwelling to a community facility - day program for up to 22 people with disabilities at 29 Rhodes Avenue, Guildford subject to conditions as outlined in Attachment 1 of this report,

(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	25 Pages
2 View	Plans	6 Pages
3 View	Location Map	1 Page

REFERENCE MATERIAL

Council (Development) 14 June 2011 Item 9.3

DOMESTIC APPLICATION

ITEM NUMBER 9.3

SUBJECT 71 Adam Street, Guildford
Lot 2 DP 35058

DESCRIPTION Demolition of a heritage listed, single storey detached dwelling and associated structures

REFERENCE DA/194/2011 - Lodged 5th April 2011

APPLICANT/S Department of Housing

OWNERS Department of Housing

REPORT OF Manager Development Services

DATE OF REPORT 26^th May 2011

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

The application seeks approval for the demolition of the fibro clad dwelling house with corrugated iron roof and garden shed. The applicant has not proposed nor specified what type of development will replace the dwelling. However, under the Residential 2(b) zoning, LEP 2001 permits dwellings houses, attached dual occupancies and multi unit housing. However, the site has frontage of 18.6m which is less than the minmum 24m frontage width required under the DCP for multi unit housing. The DRAFT LEP 2010 proposes a R2 Low Density Residential zoning of the subject site which permits such development as dwellings houses and attached dual occupancies.

The site also has the potential to be developed under the State Environmental Planning Policy (Affordable Rental Housing) 2009.

As the applicant is the NSW Department of Housing this is a Crown application.

The site is listed as a heritage item of local significance under Schedule 2 of Parramatta LEP 1996 (Heritage & Conservation). The application was referred to Council’s Heritage Advisor who raises no concerns with the demolition of the building, subject to a printed copy of the submitted Heritage Impact Statement, which includes detailed measured drawings and photographs, being deposited in Parramatta Heritage Centre’s library. Council’s Heritage Advisor supports the demolition of the building on the basis of significant dilapidation. The building is a post WWII housing commission cottage.

Three (3) submissions have been received in respect of this application depicting the demolition.

The demolition is to facilitate the potential development of the site:

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.

A heritage impact statement and structural engineers report were submitted with the application and concluded that the dwelling is not worthy of retention due to it’s dilapidated state. The reports outlined that major structural works including the replacement of a majority of the external cladding (currently asbestos based fibro), decking and flooring would be required in order to restore the dwelling to a satisfactory state. If these works were to occur, the dwelling would lose its character and no longer truly represent a home from the post war era of the 1940’s to 1950’s. which was the reason why the property has been listed in the heritage LEP.

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

RECOMMENDATION

(a) That Council upon receiving approval from the applicant (as required by S89(1)(b) of EP&A Act 1979) grant development consent to Development Application No. 194/2011 for the demolition of the dwelling house and associated structures on land at 71 Adam Street, Guildford subject to conditions contained within Attachment 1.

(b) That the decision of Council be communicated to Council’s Land Use Planning Team to be made for the removal of the heritage item from the heritage LEP.

Michael Tully

Development & Certification Officer

Attachments:

1 View	Locality Map	1 Page
2 View	S79C Report	19 Pages
3 View	Plans	2 Pages
4 View	Heritage Impact Statement & Historical Record	48 Pages

REFERENCE MATERIAL

Council (Development) 14 June 2011

Major Applications

14 June 2011

10.1 235 -237 Woodville Road, Merrylands
Lot 1 & Lot 2 DP 132251

10.2 358 Woodville Road, Guildford
(Lot 6 DP 6425) (Woodville Ward)

10.3 29-33 Darcy Road, WESTMEAD NSW 2145
Lot 1 DP 736142, Lot A DP 360736 and Lot 19 DP 7407.

10.4 32 Berry Street, Clyde (Lot 1 DP 799094)

10.5 Level 1, 267 Church Street Parramatta (Lots 1-2 DP 400078)

10.6 5 Sutherland Road North Parramatta
Lot 1 DP 119493 (Arthur Phillip Ward)

10.7 32-34 Fitzgerald Road, Ermington
Lot 16 DP 19056 and Lot 15 DP 19056

10.8 147 Parramatta Road, Granville
(Lot 1 DP 619597 & Lot 1 DP 507293)(Elizabeth Macarthur Ward)

10.9 25 Lewis Street, EPPING (cnr of Ryde Street)
LOT 1 DP 13695 (Lachlan Macquarie Ward)

10.10 142-146 Woodville Road Merrylands (Lot 50 DP 792662 & Lots 2 and 3 DP 129111)

Council (Development) 14 June 2011 Item 10.1

MAJOR APPLICATION

ITEM NUMBER 10.1

SUBJECT 235 -237 Woodville Road, Merrylands
Lot 1 & Lot 2 DP 132251

DESCRIPTION Construction of a 3 storey commercial building containing a vehicle showroom on the ground floor level with associated at grade vehicle display and offices on the 2nd and 3rd level.

REFERENCE DA/1047/2010 - Lodged 29th December 2010

APPLICANT/S Mr & Mrs El-Ayoubi

OWNERS A El-Ayoubi

REPORT OF Manager Development Services

DATE OF REPORT 17Th May

REASON FOR REFERRAL TO COUNCIL

The proposal is referred to Council as “vehicle showroom” and “commercial offices” are prohibited land uses under the proposed R2 Low Density Residential Zoning of DRAFT LEP 2010.

EXECUTIVE SUMMARY

The proposal involves the construction of a 3 storey commercial building containing a vehicle showroom on the ground floor with associated at grade vehicle display and offices on the 2nd and 3rd level.

The proposal was advertised for a period of twenty one (21) days. No submissions were received. The application was referred to Councils development engineer, traffic engineer and landscape officer who all support the application subject to conditions.

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 front and side setbacks. A rear setback of 8.5m is proposed, the DCP requiring a 10m rear setback. A variation of 1.5m was considered acceptable as discussed in the S79c Assessment report. 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 R2 Low Density Residential by Draft Local Environmental Plan 2010. Note: The application was lodged after the DRAFT LEP was adopted by Council. This instrument will prohibit the development as both vehicle showrooms and commercial offices are prohibited by the proposed zone. As discussed in the attached report, the overall building massing on the site is low with the building having an FSR of 0.29:1 (409.2sqm) and a building footprint of 136.6sqm which is no larger than a dwelling or dual occupancy development. The building would be lower than adjoining development to the south and is considered a satisfactory transition in built form between that development and adjoining part 3 and part 4 storey mixed use development. In addition the bulk of the building will be softened from adjoining residential premises by significant tree planting within the boundary setback. Thus it is considered the bulk, scale and density of the development is consistent with that envisioned by DLEP 2010 and the surrounding development and is not considered that the provisions of DLEP 2010 warrant refusal of the proposal.

Accordingly, approval of the application is recommended.

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 1047/2010 for the construction of a 3 storey commercial building containing a vehicle showroom on the ground floor with associated at grade vehicle display and offices on the 2nd and 3rd level at 235- 237 Woodville Rd, Merrylands, subject to conditions as outlined in Attachment 1 of this report.

Michael Tully

Development & Certification Officer

Attachments:

1 View	Section 79C Report	54 Pages
2 View	Locality Plan	1 Page
3 View	Plans	10 Pages

REFERENCE MATERIAL

Council (Development) 14 June 2011 Item 10.2

MAJOR APPLICATION

ITEM NUMBER 10.2

SUBJECT 358 Woodville Road, Guildford
(Lot 6 DP 6425) (Woodville Ward)

DESCRIPTION Section 82A review of Council's determination (refusal) of DA/352/2010 that sought consent for demolition and construction of a 2 storey car repair station over basement carparking.

REFERENCE DA/352/2010 - 13/12/2010

APPLICANT/S Macquarie Lawyers

OWNERS F.I.N.S. Investments pty ltd

REPORT OF Manager Development Services

DATE OF REPORT

22 February 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 demolition and construction of a 2 storey car repair station over a basement carpark.

The original development application was refused under delegated authority by the Group Manager, Outcomes and Development on 27 July 2010 for the following reasons:

1. The development is inconsistent with objective (a) of the 10 Mixed Use zone. The development will have an unacceptable impact on adjoining residential development in terms of visual impact, loss of privacy, loss of solar access, and inadequate landscaping.

2. The development is inconsistent with objective (c) of the 10 Mixed Use zone as it was not accompanied by sufficient information to determine whether the development is energy and water efficient in design.

3. The development is inconsistent with objective (d) of the 10 Mixed Use zone because inadequate deep soil areas have been provided to achieve consistency with the desired future character of the area as dictated by part 5.2 ‘Mixed Use Zone 10‘ of Parramatta DCP 2005.

4. The development is inconsistent with the requirement of clause 101 ‘Development with frontage to a classified road’ of SEPP Infrastructure 2007. The design issues relating to the number of car spaces and the design of the manoeuvring areas are likely to adversely affect the safety, efficiency, and ongoing operation of Woodville Road.

5. The development is prohibited under the provisions of Draft Parramatta Local Environmental Plan 2010.

6. The proposed development is contrary to the public interest as it is inconsistent with the current planning controls and the likely future character of the area.

7. The development is inconsistent with the requirements of part 5.2 ‘Woodville Road Mixed Use Zone 10’ of Parramatta DCP 2005. The development does not comply with the design standards for allotment frontage, side setback, rear setback, front setback and deep soil zones.

8. The development is inconsistent with the requirements of part 4.5.1 ‘Parking and Vehicular Access’ of Parramatta DCP 2005. The development fails to provide a sufficient number of car spaces in accordance with the requirements of the RTA Guide for Traffic Generating Development and the car parking rate specified for commercial development (first floor offices). The design of the basement fails to comply with the minimum aisle width requirement specified by AS2890.1:2004 and the gradients of the access driveways (1:12.3 & 1:8) fail to comply with the 1:20 requirement specified by AS2890.2:2002.

9. The development is inconsistent with the requirements of part 4.2.4 – ‘Buildings facades & articulation’ of Parramatta DCP 2005. The side and rear elevations present as sheer unrelieved walls of considerable scale and minimum articulation through variations in setbacks, materialization, or pattern of fenestration.

10. The development is inconsistent with the requirements of part 4.3.2 – ‘Visual privacy’ of Parramatta DCP 2005 as the windows of the first floor office would significantly compromise the privacy of adjoining properties.

11. The development is inconsistent with the requirements of part 4.3.4 ‘Solar Access & Cross Ventilation’ of Parramatta DCP 2005. The shadow cast by the development is significantly larger than the shadow cast by a development that was compliant with the building envelope controls that apply to development in the 10 Mixed Use zone. The development would significantly compromise the amenity and future development potential of the adjoining allotment to the south

Amended information was received with the Section 82A Review including:

· Amended architectural plans that reduce the ground floor area by 8m2 from 267m2 to 259m2 and the first floor by 121m2 from 283m2 to 162m2;

· Increase the rear setback of the ground floor from a minimum of 5.125m to a minimum of 7.025mm;

· First floor front setback decreases from 13.3m to 11m;

· Introduction of a smokers deck at the rear of the site on the ground and first floors;

· A revised landscape plan that increases the density of proposed plantings and provides an additional landscape area at the front of the site;

· Changes to windows including the provision of an additional window and changes to window sizes and type

· Provision of a skillion roof rather than a flat roof;

· Revised Stormwater Plans and information;

One submission was received to the Section 82A Review. The submission raises concern that the stormwater works along the rear boundary will impact upon the health of a row of twenty year old trees located within the objector’s property. An amended stormwater plan was submitted that will provide for the retention of these trees.

The amended plans have satisfactorily addressed the previous grounds of refusal.

Draft LEP 2010 zones the site R2 Low Density Residential. Commercial/light industrial development is not permissible in the R2 zone. In addition under the draft LEP the maximum permissible height on the site is 9 metres with a maximum permissible height of 0.5:1. Accordingly the proposed development is not permissible under the draft LEP.

It is considered that the draft LEP indicates that Council has determined that mixed use development fronting Woodville Road is not appropriate and have acted to downzone the area to restrict the variety of land uses permitted. Similarly Council has decided to reduce the scale of development permissible on the subject site by allowing a height of 9 metres (approximately 2 storeys) rather than the current 3 or 4 storeys.

In determining the application consideration must be given to (1) the imminence and certainty of the LEP in its current form; and (2) the fact that once the LEP is gazetted the proposed use will be prohibited and therefore in the future no other similar developments will be allowed.

The weight given to the draft LEP must therefore be much more than a draft instrument that is in its early stages of preparation and which is not viewed as either certain or imminent in its current form. In addition to the implications of draft LEP 2010, the proposed development should be considered in its context. If the context of the site were such that the proposal were surrounded by existing development of a similar form, scale and use then it may be appropriate for the development to be allowed notwithstanding the imminent prohibition.

In this particular application it is considered that the context of the site considerations outweigh the ‘imminence and certainty’ provisions. This opinion is based on the fact that the subject site is located within a street block of Woodville Road (Guildford Rd to Mountford Ave) that is largely characterised by non-residential land uses and buildings of a scale that are far greater than that envisaged by a R2 low density zone.

In the street block the following non-residential land uses exist or have development consent:

· 366 Woodville Road (corner Guildford Road) – multi-storey motel development.

· 362 Woodville Road – motor repair workshop.

· 352 Woodville Road – veterinary hospital.

· 348 Woodville Road – kitchen showroom.

· 342 Woodville Road (corner Mountford Ave) – multi-storey mixed use development

It must also be noted that the site also benefits from a development consent issued in 2008 which granted approval to the construction of a 3 storey RFB containing 14 apartments. This further illustrates that the built form of development in the street block is much greater than that envisaged by a low density residential area.

Accordingly, it is considered that the proposed development is consistent with the existing site context.

For the reasons outlined in this report it is recommended that Council change its pervious determination and approve the development application subject to a deferred commencement consent.

RECOMMENDATION

(a) That Council under S82A (4A) of the Environmental Planning and Assessment Act, 1979 change its previous determination and grant deferred commencement consent to DA/352/2010 for the demolition and construction of a 2 storey car repair station over a basement carpark on land at 358 Woodville Road, Guildford as show in Attachment 1 of this report.

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

Louise Kerr

Manager Development Services

Attachments:

1 View	Section 82A review and 79C Report	61 Pages
2 View	Locaility Plan	1 Page
3 View	Section 82A Review plans	8 Pages
4 View	Applicants Section 82A Review Statement of Environmental Effects	24 Pages
5 View	Orignal Section 79C Report	22 Pages
6 View	Original Plans	6 Pages

Council (Development) 14 June 2011 Item 10.3

MAJOR APPLICATION

ITEM NUMBER 10.3

SUBJECT 29-33 Darcy Road, WESTMEAD NSW 2145
Lot 1 DP 736142, Lot A DP 360736 and Lot 19 DP 7407.

DESCRIPTION Section 96(1a) modification to an approved 4 storey mixed use development containing a supermarket, retail shops and 81 x residential apartments over basement carparking. Amendments include additions to and conversion of 3 x 1 bedroom apartments to 3 bedroom apartments and the provision of an additional 2 carparking spaces.

REFERENCE DA/829/2007/E - 23 February 2011

APPLICANT/S DMPS

OWNERS Trustees of The Marist Brothers

REPORT OF Manager Development Services

DATE OF REPORT 16 May 2009

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

On 13 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.

On 9 May 2011 a Section 96(2) modification was approved at the Regulatory Council Meeting for the reconfiguration of floor plans to accommodate NSW Fire brigade requirements including floor level changes, exhaust rises, fenestration and roof design.

Details of the current modification are as follows:

Basement 2 Floor Plan

· Two additional car parking spaces have been provided and are to be located on the last eastern row of Basement Level 2.

· Two storage areas are to be relocated to the eastern portion of the basement as a result of the creation of 2 additional parking spaces. It is noted that the volumes of the storage areas remain as previously approved.

Increase in Floor Area

· The floor space area of Unit 79, 80 and 81 is to increase from 63.7m2 to 96.3m2 and will be converted from a 1 bedroom unit to a 3 bedroom unit. Accordingly, the overall FSR of the development is to increase from 1.62:1 to 1.628:1.

Modification to the balconies

· The northern balconies of Units 79, 80 and 81 is to increase from 10m2 to 11.9m2.

· The southern balcony area of Units 79, 80 and 80 will be reduced from 28.4m2 to 18.5m2.

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 Urban Designer has reviewed the modifications and raised no objections to the works.

The proposed modifications have been assessed in accordance with the matters for consideration under both Section 96(1A) and section 79C of the EP&A Act 1979. The increase in the overall floor area of the development by 97.8m2 and resulting in an FSR of 1.628:1 is being undertaken within the originally approved building envelope and retains ample setbacks to adjoining properties. The additional floor area also does not disrupt the distribution of mass of the development over the site. Consideration is also given to the precedents set by previously approved developments that adjoin the site. In particular, the development to the west at 35-37 Darcy Road which consist of a 4 storey mixed use development with 72 dwellings and commercial tenancies with an FSR of 1.64:1, is of similar bulk and scale to the modified development. Accordingly, 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.

Accordingly, the application is recommended for approval.

RECOMMENDATION

That Council as the consent authority modify Development Consent No. 829/2007 under the provisions of Section 96(1A) of the Environmental Planning and Assessment Act in the following manner:

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

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

Drawing N⁰	Dated
Landscape Concept Plan. Drawing No. 7109DA (2 pages). Revision M.	3 February 2011
Site / Ground Floor Plan. Job no. 4140-DA01. Issue M.	December 2010
Basement 1 Floor Plan. Job no. 4140-DA02. Issue M.	December 2010
Basement 2 Floor Plan. Job no. 4140-DA03. Issue M.	December 2010
First Floor Plan. Job no. 4140-DA04. Issue M.	December 2010
Second Floor Plan. Job no. 4140-DA05. Issue M.	December 2010
Third Floor Plan. Job no. 4140-DA06. Issue M.	December 2010
Roof Floor Plan. Job no. 4140-DA07. Issue M.	December 2010
East and West Elevation. Job no. 4140-DA08. Issue M.	December 2010
North and South Elevations and Sections. Job no. 4140-DA09. Issue M.	December 2010

Documentation	Dated
BASIX Certificate No. 152390M_04	8 February 2011

2. 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	Section 79C Report	13 Pages
2 View	Location Plan	1 Page
3 View	Amended Plans	6 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	7 Pages

REFERENCE MATERIAL

Council (Development) 14 June 2011 Item 10.4

MAJOR APPLICATION

ITEM NUMBER 10.4

SUBJECT 32 Berry Street, Clyde (Lot 1 DP 799094)

DESCRIPTION Section 96 (1a) application to modify Development Consent No. 1679/2002 for a brothel. The modifications include internal alterations to create a front entry door and airlock.

REFERENCE DA/1679/2002/E - Lodged 15 April 2011

APPLICANT/S Mark Palmer

OWNERS Mark Palmer

REPORT OF Manager Development Services

DATE OF REPORT 17 May 2011

REASON FOR REFERRAL TO COUNCIL

The application is being referred to Council as it seeks approval to modify a Development Consent relating to a brothel.

EXECUTIVE SUMMARY

The application seeks approval for internal modifications to an existing brothel to create a front entry door and airlock intended to improve security. No increase in the size or intensity of the development is proposed.

Council’s Community Crime Prevention Officer has reviewed the application and has no objection to the proposed changes.

No objections from the public have been received in relation to this application.

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

RECOMMENDATION

That Council as the consent authority, modify development consent to Development Application No. 1679/2002 under Section 96(1a) in the following manner:

Ashleigh Matta

Development Assessment Officer

Attachments:

1 View	DA/1679/2002/E - Section 96 Report	7 Pages
2 View	DA/1679/2002/E - Ground floor plan	1 Page
3 View	DA/1679/2002/E - Locality Map	1 Page
4 View	DA/1679/2002/B - Section 96 Report (Recommended approval)	18 Pages
5 View	da/1679/2002/B - Approved plan	1 Page
6 View	DA/1679/2002/C - Section 96 Report (Recommeded Approval)	5 Pages
7 View	DA/1679/2002/C - Action Sheet from Council meeting dated 10/08/2009 (Refused)	1 Page
8 View	DA/1679/2002/D - Section 96 Report (Recommended refusal)	10 Pages
9 View	DA/1679/2002/D - Land and Environment Court Approval	9 Pages
10 View	DA/1679/2002/D - Approved plans	7 Pages

REFERENCE MATERIAL

Council (Development) 14 June 2011 Item 10.5

MAJOR APPLICATION

ITEM NUMBER 10.5

SUBJECT Level 1, 267 Church Street Parramatta (Lots 1-2 DP 400078)

DESCRIPTION Section 96(1a) application to modify Development Consent No. DA/663/2007 (Acupuncture and Chinese massage therapy). The modification includes changing the hours of operation to 9:00am - 9:00pm 7 days. (The current hours of operation are 9:00am - 7:00pm 7 days)

REFERENCE DA/663/2007/A - Lodged 18 April 2011

APPLICANT/S T Yuan

OWNERS Huge Vision Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT 26 May 2011

REASON FOR REFERRAL TO COUNCIL

The application is being referred to Council as it seeks approval to modify a Development Consent relating to massage therapy.

EXECUTIVE SUMMARY

The application seeks approval to modify Development Consent No. DA/663/2007. The application proposes to modify condition no. 7 by increasing the hours of operation 2 hours each day. The proposed hours of operation are 9:00am to 9:00pm 7 days. No change in staff numbers or floor layout are proposed.

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

Council’s Community Crime Prevention Officer has reviewed the application and does not support the proposed extension to the hours of operation given the Service Requests lodged and history of the site. The premises has a history of breaching the original development consent and may convert to a use other than an acupuncture and massage centre.

Accordingly, the application is not supported and is recommended for refusal.

RECOMMENDATION

That Council as the consent authority, refuse development consent to modify Development Application No. 663/2007 for the following reasons:

1. The premises has a history of breaching the original development consent and the extended trading hours may result in the premises being used for services other than that approved in the original consent.

2. The proposal is not in the public interest.

Ashleigh Matta

Development Assessment Officer

Attachments:

1 View	Section 79c Report	6 Pages
2 View	Locality Map	1 Page
3 View	Original S79c assessment report	12 Pages
4 View	Development Consent No. 663/2007	4 Pages

REFERENCE MATERIAL

Council (Development) 14 June 2011 Item 10.6

MAJOR APPLICATION

ITEM NUMBER 10.6

SUBJECT 5 Sutherland Road North Parramatta
Lot 1 DP 119493 (Arthur Phillip Ward)

DESCRIPTION Section 96(1a) application to modify Development Consent No. DA/533/2010 (dual occupancy). The modifications include:
1. The deletion of the deferred commencement condition that requires single garages to be provided, changes to the building facade, reduced balcony areas and reducing the area of ground floor terraces;
2. Changing the timing of the creation of the drainage easement;
3. Changes to the timing and the amount of the Section 94A contribution;
4.Compensation for the creation of the drainage easement; and
5. Deletion of Condition No. 32.

REFERENCE DA/533/2010/A - 4 April 2011

APPLICANT/S Mr M Younes

OWNERS Mr M Younes and Mrs A Younes

REPORT OF Manager Development Services

DATE OF REPORT

20 May 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 a deferred commencement approval of a detached 2 storey dual occupancy development with Torrens titl e subdivision. The modification includes the following:

1. The deletion of the deferred commencement condition that requires single garages to be provided, changes to the building facade, reduced balcony areas and reducing the area of ground floor terraces;

2. Changing the timing of the creation of the drainage easement;

3. Changes to the timing and the amount of the Section 94A contribution;

4. Compensation for the creation of the drainage easement; and

5. Deletion of Condition No. 32.

The application was notified in accordance with Council’s Notification DCP and no submissions objecting to the development were received.

It is considered that the proposed modifications remains substantially the same as that previously approved.

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.

It is recommended, however, that Council not grant any compensation for the creation of the easement on land at 5 Sutherland Road North Parrmatta or change the timing or the amount of the Section 94A contribution for the original development.

The granting of the easement is a consequence of the Council allowing a stormwater pipe to be moved which facilitated this development.

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/533/2010 in the manner outlined in attachment 1.

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

Sue Weatherley

Group Manager

Outcomes and Development

Attachments:

1 View	Section 79c Report	21 Pages
2	Locality Plan	1 Page
3 View	Architectural Plans	3 Pages
4 View	Statement	4 Pages
5 View	Easement Valuation	5 Pages
6 View	Original Deferred Development Consent	23 Pages
7 View	Original Section 79c Report	59 Pages
8 View	Original Plans submitted to previous Council meeting	9 Pages
9 View	Confidential Plans	2 Pages
10	Original Confidential Plans submitted to previous Council meeting	3 Pages

REFERENCE MATERIAL

Council (Development) 14 June 2011 Item 10.7

MAJOR APPLICATION

ITEM NUMBER 10.7

SUBJECT 32-34 Fitzgerald Road, Ermington
Lot 16 DP 19056 and Lot 15 DP 19056

DESCRIPTION Demolition, tree removal and construction of a multi unit dwelling development containing 8 x 3 bedroom townhouses including strata subdivision.

REFERENCE DA/1030/2010 - 22 December 2010

APPLICANT/S R Anjoul

OWNERS Mr A A McSweeney and Mrs D F McSweeney and M J McSweeney

REPORT OF Manager Development Services

DATE OF REPORT 23 May 2011

REASON FOR REFERRAL TO COUNCIL

This application is referred to Council for determination as a multi-unit development is proposed on a site to be rezoned R2 Low Density Residential under the Draft PLEP and due to the number of submissions received.

EXECUTIVE SUMMARY

The proposal involves the amalgamation of 2 allotments, the demolition of 2 dwellings and the construction of a multi-unit dwelling development comprising 2 buildings containing 8 x 3 bedroom townhouses with strata subdivision.

The application was lodged after the Draft LEP was adopted by Council. Eight submissions have been received objecting to the proposal. The objections relate primarily to traffic and parking, the cumulative impacts of the development on the locality, solar access, unacceptable acoustics, incompatible colour and material scheme, obstruction of views, tree removal, garbage collection, water supply, inconsistent setbacks, overlooking, proper on-site stormwater management and that the development is inconsistent under Draft PLEP. The issues are addressed in the Section 79C Assessment Report (Attachment 1) and are not considered sufficiently adverse to warrant refusal or further modification of the application.

The proposal has been considered by Council’s Urban Design Team and Traffic Engineers and the proposal is considered to be of appropriate design quality.

Whilst the subject site is proposed to be zoned R2 Low Density Residential under draft Parramatta LEP 2010 which prohibits multi-unit developments, the proposal is generally consistent with the relevant objectives of the zone in providing housing for the community that is of a form that compliments the surrounding built environment. As demonstrated in the report the bulk, scale, height and floor space of the proposal is consistent with that envisaged by Draft Parramatta Local Environmental Plan 2010. Further, given the precedence already set by similar forms of development within proximity to the site, the proposed development is complimentary to the surrounding built environment. As such, the proposed multi-unit development is appropriate on the subject site.

Accordingly, approval of the application is recommended.

RECOMMENDATION

(a) That Council as the consent authority grant development consent by way of a deferred commencement to Development Application No. 1030/2010 for demolition, tree removal and construction of a multi-unit dwelling development containing 8 x 3 bedroom townhouses including strata subdivision at 32-34 Fitzgerald Road, Ermington, subject to the conditions contained within Attachment 1.

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

Denise Fernandez

Development Assessment Officer

Attachments:

1 View	Section 79C Report	67 Pages
2 View	Location Plan	1 Page
3 View	Plans and Elevations	8 Pages
4	Confidential Plans	5 Pages

REFERENCE MATERIAL

Council (Development) 14 June 2011 Item 10.8

MAJOR APPLICATION

ITEM NUMBER 10.8

SUBJECT 147 Parramatta Road, Granville
(Lot 1 DP 619597 & Lot 1 DP 507293)(Elizabeth Macarthur Ward)

DESCRIPTION Demolition of existing building and construction of a 5 storey mixed use development comprising 2 commercial tenancies and 3 residential units on the ground floor and 28 residential units over 4 levels above, with basement carparking for 49 vehicles

REFERENCE DA/627/2010 - Submitted 4 August 2010

APPLICANT/S Dewcape Pty Ltd

OWNERS Mr S Musallam & Mr A Ishak

REPORT OF Manager Development Services

DATE OF REPORT 24 may 2011

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as “residential accommodation” 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 of the existing building and construction of a 5 storey mixed use development comprising 2 commercial tenancies and 3 residential units on the ground floor and 28 residential units over 4 levels above, with basement carparking for 49 vehicles.

The application was lodged after the Draft LEP2010 was first placed on public exhibition.

The proposed development is permissible with consent under the current LEP 2001. However, the subject site is proposed to be zoned Enterprise Corridor B6 under Draft Parramatta LEP 2010. The residential component of the proposed development is defined as ‘residential accommodation’ under Draft Parramatta LEP 2010 and is prohibited in the draft zone. The proposed development is not consistent with the aims and objectives of the B6 Enterprise Corridor zoning applying to the site as the objectives do not relate to the provision of residential development (which is the predominant usage proposed for this application).

Five submissions have been received in respect of this application. The issues raised within those submissions relate to privacy, parking, height, character, open space, drainage, air quality, Agenda 21, impacts on traffic, loss of trees and impacts on infrastructure. The issues have been discussed in detail within the Section 79C assessment report contained at Attachment 1.

The proposed development is inconsistent with the objectives contained within the current Mixed Use zoning under Parramatta Local Environmental Plan 2001 as the proposed development will have an adverse impact upon the adjacent land uses. The proposed development will significantly overlook the adjoining low scale residential properties in Victoria Street and will be visually intrusive to these properties given the proposed bulk and scale of the building.

Accordingly, the application is recommended for refusal for the reasons contained within the recommendation section of this report.

RECOMMENDATION

(a) That Council as the consent authority refuse development consent to Development Application No. 627/2010 for demolition and construction of a five storey mixed use development at 147-149 Parramatta Road, Granville the following reasons:

1. The proposed development is inconsistent with the objectives of the proposed Business Enterprise zoning of the site under Draft LEP 2010.

2. The residential component of the proposed mixed use development is prohibited under the proposed Business Enterprise zoning of the site under Draft LEP 2010.

3. The proposed development is inconsistent with the development context in which it is proposed to be located.

4. The proposed development would result in adverse environmental impacts on neighbouring properties including overlooking and visual bulk and scale.

5. The proposed development is not consistent with Section (a) of the aims and objectives of the Mixed Use zone under Parramatta Local Environmental Plan 2001.

6. The proposed development is not in the public interest.

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

Kate Lafferty

Senior Development Assessment Officer

Development Assessment Services

Attachments:

1 View	Section 79C Assessment Report	42 Pages
2 View	Locality Map	1 Page
3 View	Plans & Elevations	10 Pages
4	Confidential Plans & Elevations	6 Pages

REFERENCE MATERIAL

Council (Development) 14 June 2011 Item 10.9

MAJOR APPLICATION

ITEM NUMBER 10.9

SUBJECT 25 Lewis Street, EPPING (cnr of Ryde Street)
LOT 1 DP 13695 (Lachlan Macquarie Ward)

DESCRIPTION Demolition, construction of a 2 storey attached dual occupancy, satellite dish, front fence and Torrens title subdivision of the development into 2 allotments.

REFERENCE DA/857/2010 - 26-Oct-2010

APPLICANT/S Ms F Li

OWNERS Mr D Gao and Ms F Li

REPORT OF Manager Development Services

DATE OF REPORT

23 May 2010

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

Approval is sought for the demolition, construction of a 2 storey attached dual occupancy, satellite dish, front fence and Torrens title subdivision.

The proposed development is defined as “dual occupancy” under the Parramatta LEP 2001 and is permitted with development consent under the current 2A Residential zoning applying to the land.

The subject site is proposed to be zoned R2 Low Density Residential under draft Parramatta LEP 2010. The proposed development is defined as Dual Occupancy under draft Parramatta LEP 2010 and is permitted in the draft zone. The proposal is consistent with the relevant objectives of the zone.

In accordance with Council’s Notification DCP, owners and occupiers of surrounding properties were given notice of the application for a 14 day period between 2^nd November 2010 and 16^th November 2010. In response, ten written submissions objecting to the development were received. The concerns raised in submissions have been addressed in the attached 79C Report.

An on-site meeting was held on 15^th February 2011 and 8 members of the public attended, along with Councillor Wearne. The concerns raised at the meeting have been addressed in the attached 79C Report.

In response to concerns raised in respect of the architectural design of the dual occupancy, amended plans were submitted and re-advertised for a 14 day period between 19 Aril 2011 and 3 May 2011. In response, no submissions were received.

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. 857/2010 for demolition, construction of a 2 storey attached dual occupancy, satellite dish, front fence and Torrens title subdivision of development into 2 allotments on land at 25 Lewis Street, Epping 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.

David Little

Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 79c Report	53 Pages
2 View	Locality Plan	1 Page
3 View	Architectural Plans	9 Pages
4 View	Waste Management Plan	6 Pages
5 View	Basix Certificate	12 Pages
6 View	OSD Design Document	2 Pages
7 View	External Finishes and Materials	1 Page
8	Confidential plans	3 Pages

Council (Development) 14 June 2011 Item 10.10

MAJOR APPLICATION

ITEM NUMBER 10.10

SUBJECT 142-146 Woodville Road Merrylands (Lot 50 DP 792662 & Lots 2 and 3 DP 129111)

DESCRIPTION Section 96(1a) application to modify Development Consent DA/1796/2002 (as modified) for an approved mixed use development. The modification consists of a change of use of two ground floor commercial tenancies to residential with home offices

REFERENCE DA/1796/2002/B - Lodged 5 April 2011

APPLICANT/S Loui Nicholas Investments Pty Ltd

OWNERS Loui Nicholas Investments Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT

REASON FOR REFERRAL TO COUNCIL

The parent DA (1796/2002) was determined at a Council meeting held on 17 May 2004.

EXECUTIVE SUMMARY

On 17 May 2004 Council granted consent to demolition, tree removal and the construction of a three and four storey Mixed Use Development containing four ground floor commercial tenancies and twenty residential apartments over two levels of basement car parking

The current application seeks to modify the development consent by changing the use of the commercial tenancies 1 and 2 to residential use with associated home offices facing Woodville Road. In particular the application seeks to modify Condition 1b which requires the ground floor tenancies to be used for commercial purposes only.

At the time of inspection, all of the ground floor commercial units were vacant and had not been leased. Conversion of two of these retail tenancies to residential units may be related to a lack of interest for retail uses in the building.

The application was notified from 15 April 2011 to 29 April 2011 and two submissions were received.

One submission was made on behalf of the operators of the Caltex Petrol Station concerned that the change of the ground floor units from a commercial to a residential use may lead to incompatibility issues as the properties share a common boundary. The view is also expressed that changing the retail shops to home offices is a significant change that would be more appropriately considered under a new DA rather than a S96(1a) or S96(2) application.

It is not considered that the proximity of the site to an existing service station is a reason to not support the change in use of some of the ground floor tenancies based on the fact that the existing building comprises 3 floors of residential apartments. It is also considered appropriate to consider the current request as a S96 application as the application seeks to modify condition No. 1(b) of the Development Consent.

A second submission was received from a concerned resident who opposes residential development on main roads due to pollution issues. While the comments made in the submission have some merit, the mixed use development has already been approved and constructed. The proposed residential units on the ground floor are likely to be less affected from traffic impacts than the upper level units with living areas and balconies facing on to Woodville Road.

The mixed use development has already been constructed and landscaping of the site completed. The proposed change of use involves no structural changes to the building other than privacy screens. The site is considered suitable for residential units on the ground floor provided home offices are located at the front of the units facing Woodville Road. The development as modified remains substantially the same as that originally approved.

After consideration of the development against the relevant statutory and policy provisions, the proposal is considered suitable for the site and is in the public interest. Therefore, it is recommended that the application be approved.

RECOMMENDATION

(a) That That Council as the consent authority, modify development consent No. DA/1796/2002 as modified in the following manner:

1. Condition No. 1a. be amended as follows:

- Basement 1 Job No. 4305 DA-S96 B:02 issue B December 2008

- Basement 2 Job No. 4305 DA-S96 A:01 issue A December 2008

- Roof Plan Job No. 4305 DA-S96 A:07 issue B September 2008

- East and North Elevations Job No. 4305 DA-S96 A:08 issue A September 2008

- West and South Elevations Job No. 4305 DA-S96 A:09 issue A September 2008

- Sections Job No. 4305 DA-S96 A:10 issue A September 2008

- Cover Sheet Job No. 4305 DA-S96 A:00 issue A September 2008

- Ground Floor and Site Plan Job No. 4305 DA-S96 B:03 Issue B March 2011

- First Floor Plan Job No. 4305 DA-S96 A:04 Issue A September 2008

- Second Floor Plan Job No. 4305 DA-S96 A:05 Issue A September 2008

- Third Floor Plan Job No. 4305 DA-S96 A:06 Issue A September 2008

- Stormwater layout and on site detention layout Drawing No. 4305 – C1 Issue A1.

2. Condition 1b be amended as follows:

- The proposed use of the ground floor tenancies shall be as shown on Ground Floor and Site Plan Job No. 4305 S96-B:03 Issue B March 2011 (that is tenancies 1 and 2 - home offices and tenancies 3 and 4 - commercial).

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

Jane McMillan

Consultant Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 96 Report	14 Pages
2 View	Locality Map	1 Page
3 View	Sec 96A approved plans	1 Page
4 View	Original DA Consent	20 Pages
5 View	Sec 96A consent	3 Pages
6 View	Statement of Environmental Effects	10 Pages
7	Confidential plan	1 Page

REFERENCE MATERIAL

Council (Development) 14 June 2011 Item 12.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 12.2

SUBJECT Social Impact Assessment for DAs made under SEPP (Affordable Rental Housing) 2009

REFERENCE F2004/06029 - D01964747

REPORT OF Manager Development Services

PURPOSE:

To obtain Council’s endorsement to Social Impact Guidelines that require the submission of Social Impact Assessment reports for development applications made under State Environmental Planning Policy (Affordable Rental Housing) 2009.

RECOMMENDATION

(a) That the Social Impact Guidelines as shown in Attachment 1 be adopted for all applications that seek approval to ‘infill housing’ and ‘boarding houses’ under State Environmental Planning Policy (Affordable Rental Housing) 2009.

REPORT

Council on 9 May 2011 resolved the following:

(a) That as a matter of a policy, Council require all current and future affordable housing development applications under the SEPP for affordable rental housing to have a social impact statement provided. This is to include those development applications presently in the system.

(b) That a report be provided to Council on the development of a policy outlining a process whereby such a social impact statement can be developed and included within the assessment process of future and current affordable housing development applications. This is to include those development applications presently in the system.

(c) That a letter outlining this process and requirement be sent to all existing applicants who have affordable housing applications currently submitted.

(d) That the Council write to the Premier and Minister for Local Government and Minister for Planning requesting a change to the relevant SEPP to require the provision of a social impact statement in the submission of such development applications.

(e) Further, that Council’s Local Members of Parliament be requested to make representations on Council’s behalf in relation to this issue.

Preparation of Social Impact Guidelines

Parramatta Council is committed to the process of social impact assessment as a means of considering social issues more comprehensively in its planning and decision making. The demand for a greater focus on social impacts has been driven by a changing demographic profile; pressure arising from urban life and the growth and positioning of Parramatta as Sydney’s second.

The commencement of the Affordable Rental Housing SEPP in 2009 also highlighted the need for planning authorities to apply social criteria in making decisions about development and land use.

The decision of Parramatta Council to require applicants who are seeking approval for development under the Affordable Rental Housing SEPP to submit a ‘Social Impact Assessment’ enables Council to ensure:

· social impacts are considered in Council’s development decision making;

· enhance consistency and transparency in the assessment of social impacts of proposed development; and

· maximise positive social impacts and minimise negative social impacts of land use and development.

Staff in the Social Outcomes Team have prepared ‘Social Impact Guidelines’ that should be used by applicants in considering the social impacts of developments proposed under the Affordable Housing SEPP and in preparing Social Impact Assessment reports.

It is proposed that these guidelines only apply to applications that seek approval to ‘infill housing’ and ‘boarding houses’ under the SEPP, and that ‘secondary dwellings’ (ie granny flats) be exempt due to the small scale of these developments.

The Social Impact Guidelines can be found in Attachment 1.

The guidelines once endorsed by Council will be available for public viewing by applicants and the community on the Parramatta City website and the information will be provided to each prospective applicant during pre-lodgement discussions.

Communication of Social Impact Guidelines to DA applicants

The Council resolution to require all current applicants to prepare a Social Impact Assessment was communicated to all applicants via letter on 19 May 2011. Interim guidelines on what information should be contained in a Social Impact Assessment were provided to each applicant.

The same information has also been requested of each applicant who has lodged a development application under the Affordable Housing SEPP since 9 May 2011.

Letters to Members of Parliament

The letters required by parts (d) and (e) of the 9 May 2011 Council resolution have been prepared for the Lord Mayors signature.

Louise Kerr

Manager Development Services

31 May 2011

Attachments:

1 View

SIA Procedure for AHSEPP DA

7 Pages

REFERENCE MATERIAL