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) 11 July 2011

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council - 27 June 2011

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 Rescission Motions

7.1 Urban Renewal Study for Granville

8 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

9 Reports - Domestic Applications

9.1 16 McKillop Place, Carlingford
(Lot 1639 DP 214707) (Lachlan Macquarie)

9.2 1 Willis Avenue
Guildford NSW 2161
Lot 1 DP 208820

9.3 186 Windsor Rd Winston Hills (Caroline Chisholm Ward)
(Lot 2 DP 1144817)

10 Reports - Major Applications

10.1 54 Binalong Road, Toongabbie
Lot 2 DP703749 (Caroline Chisholm Ward)

10.2 46 Hassall Street, Parramatta (Lot 11 Sec 3 DP 192710) (Elizabeth Macarthur Ward)

10.3 37 Midson Road (former Eastwood Brickworks) Eastwood

10.4 6 Belmore Street, NORTH PARRAMATTA NSW 2151
Lot 4 Sec 62 DP 758788 (Arthur Phillip Ward)

10.5 317-319 Kissing Point Road, Dundas
Lot B DP 391925 and Lot A DP 391925

10.6 Granville Park (Pk 24), 188 Woodville Road and 2 Montrose Avenue, Merrylands.

10.7 All Saints Church, 21 Victoria Road, PARRAMATTA NSW 2150
Cor Lot 101 DP 786056 (Arthur Phillip Ward)

10.8 226 Windsor Road, Winston Hills (Lot 2 DP 772001) (Caroline Chisholm)

11 Economy and Development

11.1 Variations to Standards under SEPP 1

12 Community and Neighbourhood

12.1 31 Prospect Street Rosehill

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 EOI for Independant Members of the Audit Committee

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

14 DECISIONS FROM CLOSED SESSION

15 QUESTION TIME

Council (Development) 11 July 2011 Item 7.1

RESCISSION MOTION

ITEM NUMBER 7.1

SUBJECT Urban Renewal Study for Granville

REFERENCE F2010/02537 - D02013034

REPORT OF Administration Officer

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

RECOMMENDATION

That the resolution of the Council Meeting held on 27 June 2011, regarding Urban Renewal Study for Granville namely:-

“In keeping with the objectives of the State Environmental Planning Policy (Urban Renewal) 2010:-

(a) That Council acknowledges the significance of this Renewal SEPP which identifies the Granville Centre within the Metropolitan Strategy and its importance within the context of future State and Local Government planning.

(b) That this Council recognises the significance of the Granville Town Centre as a residential origin rather than an employment destination.

(c) That in order for Council’s Planning scheme to reflect the objectives of the Urban Renewal SEPP, Council wishes to have the area bounded by the Railway line to the South and the M4 Freeway to the north and the Carlingford railway line to the East deferred from the provisions of the Draft Parramatta LEP and seeks the Minister’s support to take this action, so as to allow Council to carry out a further comprehensive investigation of the identified area.”

be and is hereby rescinded.

Attachments:

1 View

Previous Council Report

1 Page

Council (Development) 11 July 2011 Item 9.1

DOMESTIC APPLICATION

ITEM NUMBER 9.1

SUBJECT 16 McKillop Place, Carlingford
(Lot 1639 DP 214707) (Lachlan Macquarie)

DESCRIPTION Demolition of existing garage, tree removal and construction of detached double garage and carport to the rear of the property.

REFERENCE DA/277/2011 - Submitted 3 May 2011

APPLICANT/S Mr B C Farrell

OWNERS Mr B c Farrell

REPORT OF Manager Development Services

DATE OF REPORT 17 June 2011

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the proposal seeks a SEPP 1 variation of greater than 10% to Clause 47 – ‘Development on land abutting an environmental protection zone’ (Zone 7 in Parramatta Local Environmental Plan.

EXECUTIVE SUMMARY

The application seeks approval for the demolition of the existing single garage and carport and construction of a detached double garage and carport to the rear of the property.

The subject site adjoins Zone 7 bushland at the rear. Clause 47 – ‘Development on land abutting an environmental protection zone’ of Parramatta LEP 2001 prescribes that no building is to be erected within 6 metres of the boundary of Zone 7. The proposed double garage and carport will be built 900 mm from the boundary of the subject site and does not provide a 6m setback. The proposed garage and carport replaces an existing garage and is consistent with the prevailing development pattern for ancillary developments to be located at the rear of properties.

A SEPP 1 Objection has been submitted with the application and can be supported as the proposed development is consistent with the objectives of the development standard regarding the protection and conservation of bushland, biodiversity and remnant habitat. It is considered that compliance with the development standard is unnecessary as the development breaching the stipulated 6 metre setback will have no adverse impact on the environmental significance and protection of the adjoining Zone 7 Bushland.

The proposed works are consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005 as there will be no unacceptable impact on any flora, fauna or remnant habitat.

The application was notified in accordance with Council’s Notification Policy and one submission was received raising concern that the proposed garage and carport could be used as a second residence, issue with the height of the garage as viewed from neighbouring properties, the stockpiling of wood, increased traffic as a result of the application and the replacement of the boundary fence. The issues raised in the submission do not warrant refusal or modification of the development.

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

RECOMMENDATION

(a) That Council support the variation to Clause 47 of the PLEP 2001 under the provisions of SEPP 1

(b) Further, that Council Development Application No. DA/277/2011 for the demolition, tree removal and construction of detached double garage with attached carport to the rear of the property at 16 McKillop Place, Carlingford be approved subject to the conditions of consent in Attachment 1 of this report

Emily Dickson

Development Assessment Officer

Attachments:

1 View	Section 79C Report	30 Pages
2 View	Locality Map	1 Page
3 View	Plans	4 Pages

REFERENCE MATERIAL

Council (Development) 11 July 2011 Item 9.2

DOMESTIC APPLICATION

ITEM NUMBER 9.2

SUBJECT 1 Willis Avenue
Guildford NSW 2161
Lot 1 DP 208820

DESCRIPTION Demolition of heritage listed dwelling and outbuildings.

REFERENCE DA/264/2011 - Lodged 29th April 2011

APPLICANT/S N White

OWNERS Mrs S McGarrigle Mr P D McGarrigle

REPORT OF Manager Development Services

17^th June 2011

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

The application seeks approval for the demolition of the timber clad dwelling house with corrugated iron roof, detached garage and detached outhouse (toilet) that has been damaged by fire in 2007. The applicant has not proposed nor directly specified what type of development will replace the dwelling.

The site is listed as a heritage item of local significance under Schedule 2 of Parramatta LEP 1996 (Heritage & Conservation). The application has been considered by Council’s Heritage Advisor who has reviewed all documentation submitted with the request to demolish the dwelling including an engineers report that details the current structural integrity of the dwelling and further highlighted the extent of the damage to the timber and the structural framework (of the dwelling) by fire, water damage and termite infestation, making restoration of the dwelling economically unviable.

The Heritage Advisor supports the request to demolish the dwelling and acknowledges that the cost of restoration would be beyond salvage within a reasonable budget.

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

RECOMMENDATION

(a) That Council grant development consent to Development Application No. 264/2011 for the demolition of the dwelling house and associated structures on land at 1 Willis Avenue, Guildford subject to conditions contained within Attachment 1.

(b) That the decision of Council be communicated to Council’s Land Use Planning Team so as to the remove the heritage item from the heritage LEP in the next review.

Michael Tully

Development & Certification Officer

Attachments:

1 View	S79C Report	17 Pages
2 View	Locality Map	1 Page
3 View	Plan	1 Page
4 View	SOEE	30 Pages
5 View	Heritage Inventory	3 Pages

REFERENCE MATERIAL

Council (Development) 11 July 2011 Item 9.3

DOMESTIC APPLICATION

ITEM NUMBER 9.3

SUBJECT 186 Windsor Rd Winston Hills (Caroline Chisholm Ward)
(Lot 2 DP 1144817)

DESCRIPTION Demolition of unsympathetic additions to a heritage listed cottage and construction of a carpark at the front of the site. Approval is also sought to use the premises as an office.

REFERENCE DA/71/2011 - Lodged 17 Februray 2011

APPLICANT/S United Holdings Pty Ltd

OWNERS United Holdings Pty Ltd

REPORT OF Manager Development Services

Date of report: 21 June 2011

REASON FOR REFERRAL TO COUNCIL

The proposal involves building works associated with a heritage item.

EXECUTIVE SUMMARY

The applicant seeks approval for the demolition of unsympathetic additions to a heritage listed cottage, restoration of the building and the construction of parking for four vehicles at the front of the site. Approval is also sought to use the premises as an office. The proposed hours of operation are 8am till 6pm Monday to Friday and 8am to 1pm on Saturday. The exact use nor the number of employees has not been specified.

The cottage at 186 Windsor Rd, Winston Hills is listed as a Heritage item of local significance under Schedule 2 of Parramatta Local Environmental Plan 1996 (Heritage and Conservation).

The applicant is seeking to utilise the provisions of Clause 17 of Parramatta LEP

1996 (Heritage and Conservation) for the purposes of allowing a commercial use

within a residential zone.

Clause 17(1) of Parramatta LEP 1996 states: …”The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which a heritage item is erected, even though the use would otherwise not be allowed by an environmental planning instrument, if:

(a) it is satisfied that the retention of the building or item depends on the granting of consent, and

(b) the proposed use is in accordance with a conservation management plan which has been approved by the consent authority, and

(c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

(d) the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and

(e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.

The proposal needs to be able to satisfy the test of (a) - (e) above in order for Council to be able to grant its consent to this development. In this instance, it is

considered that the proposal satisfactorily addresses the provisions of Clause 17 and

it has been demonstrated by the applicant that approval of an otherwise prohibited

land use is required to ensure retention of the heritage building.

The application was submitted with a Heritage Impact Statement and Conservation

Management Plan prepared by Lightwave Architectural, the latter demonstrating that the proposed development will allow for conservation and use of the heritage item and maintain the heritage significance of the building.

One submission was received in respect of the application. The issues have been addressed in the assessment report and do not warrant refusal or modification of the proposal.

The application has been referred to Council's Heritage Advisor who has no objections to the proposal.

The proposed works to the heritage item and use of the cottage as a commercial use complies with the maximum floor space ratio and building height requirements of Parramatta LEP 2001, LEP 1996 and Parramatta DCP 2005 and does not adversely compromise the amenity of surrounding properties.

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

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. DA/71/2011 for the demolition of unsympathetic additions to a heritage listed cottage, restoration of the building and the construction of a carpark at the front of the site. Approval is also sought to use the premises as a professional services office at 186 Windsor Road, WINSTON HILLS NSW 2153 for a period of 5 years from the date of the Notice of Determination, subject to conditions of consent contained in Attachment 1.

(b) Further, that Council advise the objector of Councils decision.

Michael Tully

Development & Certification Officer

Attachments:

1 View	S79C Report	41 Pages
2 View	Locality Map	1 Page
3 View	Plans and Elevations	8 Pages
4 View	Statement of Effects	9 Pages
5 View	Conservation Management Plan	42 Pages
6 View	Heritage Statement	41 Pages

Council (Development) 11 July 2011

Major Applications

11 July 2011

10.1 54 Binalong Road, Toongabbie
Lot 2 DP703749 (Caroline Chisholm Ward)

10.2 46 Hassall Street, Parramatta (Lot 11 Sec 3 DP 192710) (Elizabeth Macarthur Ward)

10.3 37 Midson Road (former Eastwood Brickworks) Eastwood

10.4 6 Belmore Street, NORTH PARRAMATTA NSW 2151
Lot 4 Sec 62 DP 758788 (Arthur Phillip Ward)

10.5 317-319 Kissing Point Road, Dundas
Lot B DP 391925 and Lot A DP 391925

10.6 Granville Park (Pk 24), 188 Woodville Road and 2 Montrose Avenue, Merrylands.

10.7 All Saints Church, 21 Victoria Road, PARRAMATTA NSW 2150
Cor Lot 101 DP 786056 (Arthur Phillip Ward)

10.8 226 Windsor Road, Winston Hills (Lot 2 DP 772001) (Caroline Chisholm)

Council (Development) 11 July 2011 Item 10.1

MAJOR APPLICATION

ITEM NUMBER 10.1

SUBJECT 54 Binalong Road, Toongabbie
Lot 2 DP703749 (Caroline Chisholm Ward)

DESCRIPTION Section 96(2) application to modify Development Consent No. DA/80/2008 (use of a heritage listed dwelling as a 39 place child care centre and construction of 6 townhouses). The modification includes amendments to the child care centre.

REFERENCE DA/80/2008/A - 11 May 2011

APPLICANT/S De Jong Unit Trust

OWNERS De Jong Unit Trust

REPORT OF Manager Development Services

DATE OF REPORT

17 June 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 and includes work to a heritage item.

EXECUTIVE SUMMARY

Approval is sought for the modification to an approved DA for construction of a multi-unit housing development that also involves the restoration of a heritage item and its use as a 39-place child care centre. The modifications have not been completed and are confined to the child care centre only and include the following changes:

· reconfiguration of internal room layout;

· rebuilding the front porch in a heritage-style design;

· new non-slip tiles to front porch;

· rebuilding of small section of dilapidated rear wall;

· new alsynite strips are included in the flatter veranda roof sections;

· new area of ground floor slab between the multi purpose space and the rear wall of the old building;

· new roofing section over the rear wall and new verandah;

· new water tanks to be installed; and

· the provision of an internal playground fence.

The application was notified in accordance with Council’s Notification DCP and no submissions were received. Council’s Heritage Advisor supports the modification.

It is considered that the development remains substantially the same as that originally approved.

Overall the proposed modifications will not cause adverse impact to residents of adjoining properties, however it is recommended that a condition be imposed to restrict opening the window of the infants room which was relocated from the northern side of the building to the southern side. There are no heritage concerns with the modifications as they will not adversely impact upon the significance of the heritage listed building.

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

RECOMMENDATION

That Council as the consent authority, modify development consent No. DA/1123/2005 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 No	Date
DA02E – Ground Floor Plan	18/08/08
DA03D – First Floor Plan	5/02/08
DA04D – Elevations	5/02/08
DA07C – Elevations and Roof Plan (Heritage Building)	5/02/08
DA08C – Elevations, Floor Plan and Roof Plan (Townhouses)	5/02/08
SK01 – Shade cloth structure	Undated
SK02 – Shade cloth structure	Undated
SW1 – Stormwater management plan Issue A	19/08/08
DA09A – Soil and erosion control plan	5/02/08
Draft subdivision plan	April 2008
L01B – Landscape Plan	20 August 2008
Colour scheme Page 1	Undated
Colour scheme Page 2	Undated
A01(A)- Child care centre – ground floor plan	April 2011
A02(A)- child care centre – roof plan	April 2011
A03(A)- Elevation/section	April 2011
A04(A)- Elevations	April 2011
A05(A)- Elevations	April 2011

Document(s)	Dated
Updated Conservation Plan and Statement of Heritage Impact prepared by Perumal Murphy Alessi Heritage Consultants	August 2008
Noise Assessment prepared by RSA Acoustics – Acoustic Consultants – Report No. 3402	April 2008
Waste Management Plan for the ongoing use of the child care centre	Undated
Waste Management Plan	10/01/08
BASIX Certificate No. 179294M	8/08/2008

2.
Modify condition No. 3 in the following manner:

“The south and west facing windows of the 2-3 year old childcare room and the south facing windows of the 0-2 year old childcare room are to be fixed windows that are unable to be opened. These rooms shall be mechanically ventilated.
Reason: To preserve the amenity of the adjoining dwelling”.

3. All other conditions of consent for DA/80/2008 are to remain.

Troy Loveday

Senior Development Assessment Officer

Attachments:

1 View	Section 79c Report	10 Pages
2 View	Locality Plan	1 Page
3 View	Architectural plans	5 Pages
4 View	Statement of Environmental Effects	3 Pages
5 View	Original Development Consent	17 Pages
6 View	Original Section 79C Report	11 Pages
7 View	Original Plans Approved	3 Pages

Council (Development) 11 July 2011 Item 10.2

MAJOR APPLICATION

ITEM NUMBER 10.2

SUBJECT 46 Hassall Street, Parramatta (Lot 11 Sec 3 DP 192710) (Elizabeth Macarthur Ward)

DESCRIPTION Construction of a Boarding House

REFERENCE DA/870/2010 - submitted 29 October 2010

APPLICANT/S Nigel White

OWNERS B & K Patel

REPORT OF Manager Development Services

DATE OF REPORT

20 June 2011

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as it proposes a Boarding House and due to the number of submissions received.

EXECUTIVE SUMMARY

The application seeks approval for the demolition, tree removal and construction of a 2 storey Boarding House containing 13 self contained accommodation suites providing accommodation for 17 persons. It is noted that when initially lodged the application sought approval for the construction of 15 self contained accommodation suites, providing accommodation for 19 persons.

The proposed development is permissible with consent under SREP 28 and the Affordable Rental Housing SEPP 2009. The proposed development will remain permissible under DLEP 2010 that proposes to zone the site R3.

In response to the initial notification period 4 individual letters of objection, a confidential petition signed by owner’s/ occupiers of 6 properties and a letter from the body corporate of No.52 Hassall Street, Parramatta on behalf of its 7 owners were received. The issues raised within those submissions relate to potential overlooking, noise generation, lack of parking, devaluation of properties, social issues, negative impact on the heritage significance of the area and that an on-site caretaker should be provided. In response to the amended plans 3 individual submissions and a petition signed by 12 persons was received. 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 SREP 28 and the Harris Park DCP. The building has a satisfactory design, bulk and scale. The proposed development is appropriately sited to minimise the impacts on adjoining properties in terms of privacy and overlooking.

The proposal provides no off street carparking spaces, however bicycle and motor cycle parking is provided as well as a hard stand emergency vehicle parking spot.

At the time of lodgement, clause 29 of the SEPP indicated in part that a consent authority cannot refuse a boarding house application if not more than one parking space is provided for each 10 boarding rooms or part thereof. The provision of no off-street parking satisfied this clause.

The SEPP was amended on 20 May 2011 and if this application was lodged now, Council could not refuse the application if of 0.2 carparking spaces were provided for each boarding room. Accordingly a total of three carparking spaces could be required under the current SEPP.

Clause 54A of the amended SEPP states that “If a development application (an existing application) has been made before the commencement of the amending SEPP in relation to development to which this SEPP applied before that commencement, the application may be determined as if the amending SEPP had not been made.”

The wording of this clause allows Council to require the development to provide three on site parking spaces. It is the opinion of officers that it would not be reasonable at this point in time to require the applicant to provide three carparking spaces as this would require a redesign, however should Council consider the provision of off street parking to be important for this project, Council may wish to either defer the application to allow the applicant to amend the development or include the lack of on-site parking provision as a ground of refusal.

There are also some other issues which require resolution prior to an operative consent being issued. These are contamination, flooding and impacts on adjoining properties. The site has historically been used as a nursery and may be contaminated. Council’s Community Crime Prevention officer has also recommended that the management plan be further revised to reduce the potential impacts of the development on surrounding properties.

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

RECOMMENDATION

(a) That Council as the consent authority grant a deferred commencement development consent to Development Application No. 870/2010 for the construction of a boarding house on land at 46 Hassall Street, Parramatta subject to the conditions contained within Attachment 1.

(b) Further that the persons who lodged an individual submission and the head petitioner be advised of Council’s determination of the application.

Brad Delapierre

Team Leader –Development Assessment Team

Attachments:

1 View	Section 79C Report	53 Pages
2 View	Locality Plan	1 Page
3 View	Plans	2 Pages
4	Confidential Residential Floor Plans	2 Pages

Council (Development) 11 July 2011 Item 10.3

MAJOR APPLICATION

ITEM NUMBER 10.3

SUBJECT 37 Midson Road (former Eastwood Brickworks) Eastwood

DESCRIPTION Construction of 14 dwellings fronting Avondale Way on lots 2-15.

REFERENCE DA/190/2011 - Lodged 8 June 2011

APPLICANT/S AVJBOS Eastwood Developments Pty Ltd

OWNERS AVJBOS Eastwood Developments Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT 20 June 2011

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the application seeks variations of greater than 10% to the allotment size/frontage control of clause 38(1)(b), the height control of clause 39(1)(a) and the floor space ratio control of clause 40(1) contained within Parramatta Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.

EXECUTIVE SUMMARY

The application seeks approval for the construction of 14 dwellings in an approved subdivision of Lot 15 DP 270605 (DA/53/2011) on lots 2-15. The site forms part of the former Eastwood Brickworks housing estate.

The site is subject to the provisions of the Eastwood Brickworks Master Plan which was approved by Council in June 2003. A Master Plan is required under Clause 30 of Parramatta LEP 2001 for sites over 5000m2 to guide future development.

The dwellings have been designed taking into consideration the design principles of the Master Plan and achieve consistency in streetscape and are compatible with dwellings previously approved for the site.

The application was notified to adjoining properties and two submissions were received. The issues raised within the submissions are addressed in the Section 79C Assessment Report (Attachment 1) and are not considered to warrant refusal of the application.

Despite the non compliances with the floor space ratio, height, and allotment size requirements of the Parramatta Local Environmental Plan the proposal is consistent with the 2A Residential zone objectives and the Eastwood Brickworks Master Plan.

Accordingly the proposal is recommended for approval.

RECOMMENDATION

(a) That Council support the variation to Clause 38, Clause 39 and Clause 40 of the PLEP 2001 under the provisions of SEPP 1.

(b) That Council as the consent authority grant development consent to Development Application No. DA/190/2011 for the construction of 14 dwellings fronting Avondale Way on lots 2-15 at 37 Midson Road (former Eastwood Brickworks) EASTWOOD for a period of five (5) years from the date on the Notice of Determination is approved subject the conditions in attachment 1.

Ashleigh Matta

Development Assessment Officer

Attachments:

1 View	Section 79C report	29 Pages
2 View	Locality Map	1 Page
3 View	Plans	2 Pages
4	Plans confidential	2 Pages

REFERENCE MATERIAL

Council (Development) 11 July 2011 Item 10.4

MAJOR APPLICATION

ITEM NUMBER 10.4

SUBJECT 6 Belmore Street, NORTH PARRAMATTA NSW 2151
Lot 4 Sec 62 DP 758788 (Arthur Phillip Ward)

DESCRIPTION Section 96(1a) modification to an approved multi unit housing development. It is proposed to increase the floor area of the development, change internal layout and change the external facade.

REFERENCE DA/1037/2007/A - 17 March 2011

APPLICANT/S Mr W Gebrael

OWNERS Walland Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT

17 June 2011

REASON FOR REFERRAL TO COUNCIL

The Section 96(1a) application has been referred to Council for determination as the original development application was determined by Council.

EXECUTIVE SUMMARY

Approval is sought to modify an approved multi-unit development containing 4 units. The modification includes the following:

· Alterations to “Unit 1” to make it adaptable in accordance with Condition No. 3 of the original Development Consent which requires one unit to comply with Australian Standard AS4299. Changes included:

Þ Increase in floor area, enclosing the rear patio and side courtyard;

Þ Internal reconfiguration of unit to accommodate ground floor disable facilities. Configuration on the ground floor is to consist of a Kitchen/meals room, disabled bathroom, laundry, bedroom and a garage accommodating one disabled car space . The first floor consists of three bedrooms including a Master bedroom with ensuite, and a bathroom and sitting room;

Þ Inclusion of obscure windows to the ground floor laundry and toilet.

· Alterations to “Unit 2” including:

Þ Alteration to front corner of unit, squaring it off;

Þ Change to side windows;

Þ Slight internal reconfiguration of unit;

· Alterations to “Unit 3” including:

Þ Changes to first floor “open study” room windows;

Þ Slight internal reconfiguration of unit;

· Alterations to “Unit 4” including:

Þ Alteration to front corner of unit, squaring it off;

Þ Change to side windows;

Þ Slight internal reconfiguration of unit.

· Change of materials schedule.

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

It is considered that the development remains substantially the same as that originally approved.

Overall the modifications will not adversely impact adjoining sites in terms of bulk and scale, solar access and visual or acoustic privacy.

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

RECOMMENDATION

That Council as the consent authority, modify development consent No. DA/1037/2007 in the following manner:

Þ Increase in floor area, enclosing the rear patio and side courtyard;

Þ Inclusion of obscure windows to the ground floor laundry and toilet.

· Alterations to “Unit 2” including:

Þ Alteration to front corner of unit, squaring it off;

Þ Change to side windows;

Þ Slight internal reconfiguration of unit;

· Alterations to “Unit 3” including:

Þ Changes to first floor “open study” room windows;

Þ Slight internal reconfiguration of unit;

· Alterations to “Unit 4” including:

Þ Alteration to front corner of unit, squaring it off;

Þ Change to side windows;

Þ Slight internal reconfiguration of unit.

· Change of materials schedule.

David Little

Development Assessment Officer

Attachments:

1 View	Section 79c Report	11 Pages
2	Locality Plan	1 Page
3	Architectural Plans	5 Pages
4 View	Statement of Environmental Effects	3 Pages
5 View	BASIX Certificate	13 Pages
6 View	Original Council Report	7 Pages
7 View	Original Development Consent	8 Pages
8 View	Orignal Compliance Table	7 Pages
9 View	Approved Archtectural Plans	6 Pages
10 View	Confidential Architectural Plans	5 Pages
11 View	Approved Confidential Archtectural Plans	6 Pages

Council (Development) 11 July 2011 Item 10.5

MAJOR APPLICATION

ITEM NUMBER 10.5

SUBJECT 317-319 Kissing Point Road, Dundas
Lot B DP 391925 and Lot A DP 391925

DESCRIPTION Demolition, tree removal and construction of a multi unit dwelling development containing 7 townhouses over basement parking.

REFERENCE DA/847/2010 - 25 October 2010

APPLICANT/S A Naddi

OWNERS Mr E Hassib and Mrs W Hassib and Mr M Y Hassib and Mrs M Hassib

REPORT OF Manager Development Services

DATE OF REPORT 17 June 2011

REASON FOR REFERRAL TO COUNCIL

This application is brought to Council for determination due to 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 7dwellings over a basement carpark containing 16 car spaces.

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.

Kissing Point Road is predominantly characterised by a mix of single and two storey detached dwelling houses. A multi-unit housing development has been constructed on the adjoining site to the north. This adjoining development, however, has been designed to seamlessly integrate into the low density character of the area. The site is also within proximity to another multi-unit development located at 363 – 365 Kissing Point Road, approximately 300 metres to the south containing 10 villas.

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.

Despite amendments made to the proposal in response to Council’s concerns, 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

· Side setback

· Development on sloping land

· Landscaping

· Streetscape

· Fences

· Built form and Massing

· Roof Form

· Attics

· Building facade and Articulation

· Communal open space

· Solar Access

· Cross Ventilation and internal amenity

· Waste Management

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 3 November 2010 to 24 November 2010. In response, one written submission was received. However, this submission was only to notify Council that it did not have any issues with the proposal.

Accordingly the application is recommended for refusal.

RECOMMENDATION

(a) That Council as the consent authority REFUSE Development Application No. 847/2010 for demolition, tree removal and construction of a multi-unit housing development comprising of 7 dwellings over a basement carpark on land at 317-319 Kissing Point Road, Dundas for the reasons given in the attached Section 79C Report.

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

Denise Fernandez

Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 79C Report	36 Pages
2 View	Location Plan	1 Page
3 View	Plans and Elevations	7 Pages
4	Confidential Plans	3 Pages

REFERENCE MATERIAL

Council (Development) 11 July 2011 Item 10.6

MAJOR APPLICATION

ITEM NUMBER 10.6

SUBJECT Granville Park (Pk 24), 188 Woodville Road and 2 Montrose Avenue, Merrylands.

DESCRIPTION Lots 17C, 231-234, 242-245, 249-253 in DP 752058,
Use of Granville Park between 31 October and 20 November 2011 by Webers Circus

REFERENCE DA/249/2011 - 27 April 2011

APPLICANT/S Webers Circus Pty Ltd

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

REPORT OF Manager Development Services

DATE OF REPORT 20 June 2011

REASON FOR REFERRAL TO COUNCIL

The subject site is land under Council’s care, control and management and the application has been assessed by an independent planning consultant.

EXECUTIVE SUMMARY

Approval is sought to use Granville Park by Webers Circus from 31 October 2011 to 20 November 2011, inclusive, with the date of shows being between 3 November and 20 November. It is noted that Webers Circus last occupied the site in 2011 between 7 June and 27 July pursuant to Development Consent No. DA/81/2010. The portion of the park sought to be occupied is the informal grassed area to the centre of the Woodville Road frontage, opposite its intersection with Meadows Street. The use will involve the erection of a circus “big top” tent, having a height of 13.9m to its peaks and a diameter of 32m, roughly in the centre of the park. In front of the tent (between the tent and Woodville Road) is to be the public tickets office/first aid area and foyer, with the toilets (4 portable) located off to the side. The big top is to be surrounded on the Woodville Road, Merrylands Road and Claremont Street sides by the caravans and vehicles of the circus performers (10 caravans, 8 trucks and 5 cars). The horse tent is to be placed on the Montrose Avenue side of the big top. Bin storage is to be provided to the south of the corner of the internal road of the park accessing from Merrylands Road. Circus parking is to be provided within the level grassed area of the park between the circus and Merrylands Road, adjacent to McDonalds, and is to be accessed via the internal road from Merrylands Road.

The circus performances have a 2 hour duration and it is intended to have one performance at 7pm on Thursdays and Fridays, two performances on Saturdays, at 3pm and 7pm and two performances on Sundays at 11am and 3pm. The circus employs 20 staff and caters for a maximum of 594 visitors, which includes provision for accessible seating ringside, accessed via a ramp at the main entrance.

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 circus 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.

The use of a circus does not fit into any of the defined purposes that are permissible, though the provisions of clause 50 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/249/2011 for the use of Granville Park by Webers Circus between 31 October 2011 and 20 November 2011, at 188 Woodville Road and 2 Montrose Avenue, 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	Section 79C Report	27 Pages
2 View	Locality Map	1 Page
3 View	Plan	1 Page
4 View	Statement of Environmental Effects	5 Pages

REFERENCE MATERIAL

Council (Development) 11 July 2011 Item 10.7

MAJOR APPLICATION

ITEM NUMBER 10.7

SUBJECT All Saints Church, 21 Victoria Road, PARRAMATTA NSW 2150
Cor Lot 101 DP 786056 (Arthur Phillip Ward)

DESCRIPTION Tree removal and construction of a church hall and ministry centre.

REFERENCE DA/152/2011 - 22 June 2011

APPLICANT/S Intelligent Architecture and Trustees All Saints Church Of England

OWNERS Trustees All Saints Church Of England

REPORT OF Manager Development Services

DATE OF REPORT

22^nd June 2011

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

Approval is sought for tree removal and construction of a single storey church hall and ministry centre being 220.74sqm in area and 5.5m in height to the south (rear) of the heritage All Saints Church. The hall is to be used for the following:

Þ Provide toilet facilities to the parishioners attending the existing church;

Þ Be used by the existing congregation to gather before and after services in the existing church, for bible studies and fellow ship and children’s activities;

Þ Other uses detailed in Operational Management Statement;

Þ Operating hours from 8am to 10pm Monday to Saturday and 7am to 10pm Sunday.

The proposed development is defined as “place of public worship” under the Parramatta LEP 2001 and is permitted with development consent under the current Special Uses 5 zoning applying to the land.

The dominant building on the site is the heritage listed “All Saints Anglican Church” surrounded by a large grassed garden.

The surrounding area is characterised by a mix of medium to high density developments, some of it is mixed use to the west but the majority is residential.

The subject site is proposed to be zoned R4 High Density Residential under draft Parramatta LEP 2010. The proposed development is defined as Place of Public Worship 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 and Council’s Heritage Committee were given notice of the application for a 21 day period between 6 April 2011 and 27 April 2011. In response, no submissions were received.

Council’s Heritage Advisor raised no objection to this development proposal.

The proposed design, siting and use of the church hall is considered to not adversely impact on the existing heritage church or the surrounding area and is considered acceptable.

Accordingly the application is recommended for approval.

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 152/2011 for the tree removal and construction of a church hall and ministry centre on land at All Saints Church, 21 Victoria Road, PARRAMATTA NSW 2150 subject to the conditions contained within Attachment 1.

David Little

Development Assessment Officer

Attachments:

1 View	Section 79c Report	39 Pages
2 View	Locality Plan	1 Page
3 View	Architectural Plans	9 Pages
4 View	Statement of Heritage Impact	15 Pages
5 View	Operational Management Statement	5 Pages

REFERENCE MATERIAL

Council (Development) 11 July 2011 Item 10.8

MAJOR APPLICATION

ITEM NUMBER 10.8

SUBJECT 226 Windsor Road, Winston Hills (Lot 2 DP 772001) (Caroline Chisholm)

DESCRIPTION Section 96(1A) modification to a seniors housing development known as the Willows Seniors Village.

REFERENCE DA/703/2008/E - 12 April 2011

APPLICANT/S Equity Development Management

OWNERS Aevum Ltd and the owners of various Strata Plans

REPORT OF Manager Development Services

DATE OF REPORT

27 June 2011

REASON FOR REFERRAL TO COUNCIL

The parent DA (703/2008) was determined at a Council meeting held on 14 April 2009 and proposes works on a heritage listed property.

EXECUTIVE SUMMARY

On 14 April 2009 Council granted consent to an expansion of ‘The Willows’ Retirement Village to include:

1. A residential care facility with 60 private accommodation suites, dining and living facilities, activity rooms, staff stations on each floor, a hostel containing 17 separate units for assisted living, communal area, parking, basement loading bay , laundry, plant, mechanical ventilation and elevators.

2. Construction of 74 self-contained units

3. Strata Subdivision

4. Associated site works including stormwater management, tree removal and landscaping

Subsequently four S96 applications have been lodged to modify the original consent as follows:

1. DA/703/2008/A approved on 25 November 2009 to replace the 3 villas adjacent to the northern boundary of the site with 4 townhouses and simplification of roof forms, setback and road access modifications and internal modifications.

2. DA/703/2008/B approved on 19 March 2010 for the staging of Section 94A payments to coincide with stages of the development under construction and separate construction certificates for each stage.

3. DA/703/2008/C approved on 9 December 2010 for an additional 32 beds, removal of 17 hostel units, changes to the internal layout, changes to the building footprint and the removal of 13 car parking spaces.

4. DA/703/2008/D approved on 6 December 2010 for the alteration in the sizes of two windows and two louvres for Units B7 and B14.

The current S96 application seeks to modify the development consent to include minor internal design revisions and one new balcony to villas and town houses with resulting window and door changes and minor site works revisions. Site works revisions include: amendment to pedestrian paths and internal driveway, addition of one visitor car parking space, minor roof form adjustment and minor adjustment to footprint of town houses and villas.

The application was notified from 27 April 2011 to 11 May 2011. No submissions were received.

It is considered that the proposed modifications to the development consent are minor in nature with many being internal to the site. It is not considered that any of the proposed modifications will impact on adjoining properties.

Furthermore, the site is listed as a heritage item containing European rock carvings of State significance at the rear of the site. The site also adjoins a State significant heritage item known as ‘Yareemumba’ at 234 Windsor Road. The development application was referred to Council’s Heritage Officer for comment. On 20 April 2011 the Heritage Officer provided advice that he raised no issues to the proposed development.

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

That Council as the consent authority, modify development consent to DA/703/2008, as modified, for internal design and site works revisions at the Willows Retirement Village at 226 Windsor Road Winston Hills in the following manner:

1. Modify condition 1 as follows:

(i) delete reference to Plan DA1.01 (C) drawn by Young and Metcalf and dated 24 July 2009 and replace it with Plan DA1.01 (E) drawn by Young and Metcalf and dated 18 February 2011

(ii) delete reference to Plan DA1.02 (D) drawn by Young and Metcalf and dated 6 October 2010 and replace it with Plan DA1.02 (E) drawn by Young and Metcalf and dated 18 February 2011

(iii) delete reference to Plan DA.1.03 (C) drawn by Young and Metcalf and dated 24 July 2009 and replace it with Plan DA1.03 (D) drawn by Young and Metcalf and dated 18 February 2011

(iv) delete reference to Plan DA1.05 (C) drawn by Young and Metcalf and dated 24 July 2009 and replace it with Plan DA1.05 (D) drawn by Young and Metcalf and dated 18 February 2011

(v) delete reference to Plan DA1.05/1 (A) drawn by Young and Metcalf and dated 24 July 2009 and replace it with Plan DA1.05/1 (B) drawn by Young and Metcalf and dated 18 February 2011

(vi) delete reference to Plan DA 1.06 (C) drawn by Young and Metcalf and dated 24 July 2009 and replace it with Plan DA1.06 (D) drawn by Young and Metcalf and dated 18 February 2011

Jane McMillan

Consultant Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 79C Report	14 Pages
2 View	Locality Plan	1 Page
3 View	Architectural Plans	3 Pages
4 View	Window and door Schedule of Changes	6 Pages
5 View	Approved Architecural Plans	3 Pages
6 View	Original development consent DA.703.2008	28 Pages
7 View	Section 96 consents DA.703.2008.A - D	13 Pages
8	Confidential Architectural Plans	3 Pages
9	Confidential Approved Plans	3 Pages

Council (Development) 11 July 2011 Item 11.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER 11.1

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D02005786

REPORT OF Manager Development Services

PURPOSE:

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

RECOMMENDATION

That the report be received and noted.

REPORT

In accordance with the reporting requirements prescribed in Planning Circular

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

Louise Kerr

Manager Development Services

Attachments:

1 View

Development Application Variations under SEPP 1 - Approved June 2011

1 Page

REFERENCE MATERIAL

Council (Development) 11 July 2011 Item 12.1

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 12.1

SUBJECT 31 Prospect Street Rosehill

REFERENCE F2011/01127 - D02012977

REPORT OF Property Program Manager

PURPOSE:

The report recommends Council to purchase the property at 31 Prospect Street Rosehill for public open space

RECOMMENDATION

(a) That Council resolve to purchase 31 Prospect Street Rosehill (Lot 1 DP 128372) at a price as recommended in the valuation report at Attachment 2.

(b) Further, that the Lord Mayor and Chief Executive Officer be authorised to execute under seal the sale contract and transfer relating to purchase of the property.

BACKGROUND

1. The proposed purchase is subject of a Council action item on 27 April 2011 when “Councillor Finn sought advice on when Council anticipated acquiring the vacant lot at the corner of Arthur and Prospect Streets, Rosehill (across from Rosehill Public School) and to subsequently turn the site into a park”. For reference, a location plan is at Attachment 1.

2. The above property is zoned Open Space within the Harris Park Precinct of Regional Environmental Plan 28 – Parramatta (SREP). It has also been reserved for open space for Council acquisition under clause 72 of the SREP. The property has also been zoned RE1 (public recreation) and has been reserved for local open space under Council’s draft Local Environmental Plan 2011, which is expected to be gazetted soon. The land is currently vacant and demolition would not be required to convert the property to open space.

ISSUES/OPTIONS/CONSEQUENCES

3. Rosehill has been identified in Council’s Open Space Plan (adopted in 2003) as having a significant under-provision of open space and playground facilities. This area (Rosehill / Harris Park) has the lowest ratio of public open space per person (1.2ha per 1000 population) which is well below the general standard for open space provision being 2.83ha per 1000 population and the Council average of 5.7ha per 1000 population.

4. The demand for open space in the local surrounding area is also increasing through significant medium and high density housing development. To ensure that the distribution and amount of open space addresses current and future population demand, the Open Space Plan has recommended the minimum of one additional park in Rosehill as a high priority.

5. In Rosehill / Harris Park area, there are a number of public open space (refer to Attachment 2) the majority of which with the exception of John Irving Park to the southern edge, is located in the northern / western part of Rosehill / Harris Park. John Irving Park is currently used for a community garden. Due to its proximity to the motorway, it is considered unsuitable for use as a children playground. The Elizabeth Farm Reserve is heritage listed hence the farm including the curtilage is not available for development for a children playground.

6. According to Council’s Open Space Plan (adopted in 2003), the Rosehill area has a severe lack of children playground within a reasonable walking distance (400-500m) which is a commonly accepted local government best-practice benchmark, of the housing area (Attachment 3). There is an increasing trend since 1991, as shown in the Australian Bureau of Statistics 2006, of increasing high density residential development in Rosehill area which makes provision of children playground a priority. The statistics also indicated high percentage of recent migrants and comparatively high percentage of households without a car in this area, which increases the importance / demand for local open space provision within a reasonable walking distance.

7. For information, the above property was on the market for sale in March 2011. It was sold subject to 190 days deferred settlement with the purchaser intending to develop a child care centre. With the open space land reservation on Council’s Regional Environmental Plan 28 such development proposal cannot proceed if Council decides to purchase the property.

8. The sale agent has advised that the land owner is prepared to release the purchaser from the sale contract and sells the property to the Council instead.

9. BEM Property the Council’s valuation consultant has provided Council a valuation on the open market value of the property. For reference, a summary of the valuation report is at Attachment 4 (confidential). The owner has agreed to the purchase price, as recommended in the valuation report.

10. It is expected that following purchase, the above property can be developed into a park and children playground in 2012/13.

CONSULTATION & TIMING

11. The purchase of the above property has the support of Council’s Land Use Planning Unit and Open Space & Natural Resources Unit.

FINANCIAL IMPLICATION FOR COUNCIL

12. Funds for acquiring this property are available from the Open Space Acquisition and Embellishment Special Rate.

Kwok Leung

Property Program Manager

Attachments:

1 View	Location Plan	1 Page
2 View	Open Space Location Map	1 Page
3 View	Zoning Map (draft LEP 2011)	1 Page
4	Valuation summary	2 Pages

REFERENCE MATERIAL