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 MP – Woodville Ward	Clr Chiang Lim– Arthur Phillip Ward

Staff

GALLERY

Council (Development) 8 August 2011

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council - 25 July 2011

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Petitions

5 Minutes of Lord Mayor

6 Public Forum

7 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

8 Reports - Domestic Applications

8.1 37 Kent Street, EPPING NSW 2121
(Lot 14 DP 6610) (Lachlan Macquarie Ward)

9 Reports - Major Applications

9.1 18 Ferndell Street, South Granville (Lot 36 DP 14788)
(Woodville Ward)

9.2 81 Buller Street, North Parramatta (Lot B DP 311543) (Elizabeth Macarthur Ward)

9.3 32 George Street, Clyde
(Lot 1 DP 199892) (Elizabeth Macarthur Ward)

9.4 91-93 Isabella Steet, North Parramatta
(Elizabeth Macarthur Ward) (Lots 10 & 11 DP 7727)

9.5 368 Victoria Road (cnr Myrtle Street), RYDALMERE
(Lot 1 DP 85031) (Elizabeth Macarthur Ward)

10 Notices of Motion

10.1 Planning Proposal for Council Land - 21A Tucks Road Toongabbie

11 Economy and Development

11.1 Variations to Standards under SEPP 1

12 Closed Session

12.1 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 DECISIONS FROM CLOSED SESSION

14 QUESTION TIME

Council (Development) 8 August 2011 Item 8.1

DOMESTIC APPLICATION

ITEM NUMBER 8.1

SUBJECT 37 Kent Street, EPPING NSW 2121
(Lot 14 DP 6610) (Lachlan Macquarie Ward)

DESCRIPTION Tree removal, alterations and additions to the existing dwelling, including a rear addition, carport and timber decking to northern side of the dwelling.

REFERENCE DA/258/2011 - 28 April 2011

APPLICANT/S SWA Group

OWNERS S Y Wei and K H Wei

REPORT OF Manager Development Services

DATE OF REPORT 15 July 2011

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

The application seeks approval for tree removal, alterations and additions to the existing dwelling, including a rear addition, carport and timber decking to northern side of the dwelling.

The property is located within the Wyralla Avenue Conservation Area. The application was referred to Council’s Heritage Advisor who raised no objections to the proposal.

The proposed works are consistent with the underlying objectives of Parramatta Local Environmental Plan 2001, Parramatta LEP 1996 (Heritage & Conservation), Parramatta Development Control Plan 2005 and Parramatta Heritage DCP 2001, and are considered satisfactory with respect to design, bulk and scale, privacy and overshadowing. There is sufficient landscaping and open space areas provided as part of the proposal.

The application was notified in accordance with Council’s Notification Policy and thirteen (13) submissions were received objecting to the proposal. The issues raised within the submissions relate to streetscape, built form, current and future use of the dwelling as a boarding house, the Wyralla Avenue Conservation Area and parking. All issues raised in the submissions have been discussed in detail within the Section 79C assessment report contained as Attachment 1 and do not warrant refusal or further modification of the proposal.

During the site inspection it was confirmed the dwelling is currently being used as a boarding house. The intended use of the dwelling was raised with the owner. It was confirmed the renovation works which are the subject of this application will result in the dwelling being returned to a single residence to be occupied by his family.

The additions to the dwelling are primarily for three (3) bedrooms each with an ensuite. The design of the addition was not considered to be representative of a single residence as there was an inadequate connection between the existing dwelling and the addition, with no direct access to the rear yard and outdoor recreation areas. As a result it is intended to condition the application to facilitate a connection between the existing dwelling and the addition, and from the addition to the external recreation area at the rear to be more commensurate with the internal layout of a single residence. This will be facilitate by widening the opening from the kitchen to the addition, deleting bedroom 2 and its associated ensuite to provide a sitting room with a doorway to the rear yard.

As a result of the design changes required above, the application is recommended for deferred commencement approval.

RECOMMENDATION

(a) That Council as the consent authority grant deferred commencement development consent to Development Application No. DA/258/2011 for tree removal, alterations and additions to the existing dwelling, including a rear addition, carport and timber decking to the northern side of the dwelling at 37 Kent Street, EPPING NSW 2121 for a period of five (5) years from the date on the Notice of Determination and subject to the conditions set out in Attachment 1.

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

Nicholas Clarke

Development Assessment Officer

Attachments:

1 View	S79C Assessment Report	34 Pages
2 View	Locality Map	1 Page
3 View	Plans	2 Pages
4	Confidential Plans	1 Page

REFERENCE MATERIAL

Council (Development) 8 August 2011 Item 9.1

MAJOR APPLICATION

ITEM NUMBER 9.1

SUBJECT 18 Ferndell Street, South Granville (Lot 36 DP 14788)
(Woodville Ward)

DESCRIPTION Section 96(AA) application to modify Development Consent No. DA/485/2006 (brothel and swingers club). The modifications include:
1. Deletion of conditions 35-37 that currently prohibit alcohol consumption on the site;
2. Approval to allow patrons to bring their own alcohol to the premises;
3. Modification of condition 43 to allow an additional 3 sex workers (total 5) on the premises; and
4. Provision of 2 additional carparking spaces.

REFERENCE DA/485/2006/A - Lodged 1 April 2011

APPLICANT/S Mr P Pedersen

OWNERS Mr P Pedersen and Mrs P Pedersen

REPORT OF Manager Development Services

DATE OF REPORT 30 June 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 modifications to an existing brothel and swingers club. The modifications include:

1. Deletion of conditions 35-37 that currently prohibit alcohol consumption on the site;

2. Approval to allow patrons to bring their own alcohol to the premises;

3. Modification of condition 43 to allow an additional 3 sex workers (total 5) on the premises; and

4. Provision of 2 additional carparking spaces.

Council’s Community Crime Prevention Officer has reviewed the application and does not support the proposed modifications to allow alcohol consumption on the site and to increase the number of sex workers.

The proposed modifications are not supported as per Council’s Community Crime Prevention Officer’s recommendation.

The Land and Environment Court granted consent for the premises as a brothel and swingers club with a maximum of 2 sex workers and a maximum of 25 people on site at any one time. Conditions were also imposed to restrict alcohol consumption on the premises.

The application was notified in accordance with Council’s Notification Policy and one submission was received. The issues raised by the objector are addressed in the Section 79C Assessment Report (Attachment 1).

Accordingly, the application is recommended for refusal.

RECOMMENDATION

(a) That Council as the consent authority, refuse development consent to Development Application No. 485/2006/A for the following reasons:

1. The Plan of Management is inadequate by failing to demonstrate the safe and secure operation of the business and the responsible service of alcohol.

2. Alcohol consumption within the premises would contradict the controls, aims and objectives of the Parramatta Development Control Plan for Sex Services and Restricted Premises.

3. Alcohol consumption within the premises would affect the safety and security of sex workers and patrons.

4. The proposed development would adversely impact the amenity of the area.

5. The proposal is not in the public interest.

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

Ashleigh Matta

Development Assessment Officer

Attachments:

1 View	Section 96 report	13 Pages
2 View	Locality Map	1 Page
3 View	Plan	1 Page
4 View	LEC Consent and judgement	17 Pages

REFERENCE MATERIAL

Council (Development) 8 August 2011 Item 9.2

MAJOR APPLICATION

ITEM NUMBER 9.2

SUBJECT 81 Buller Street, North Parramatta (Lot B DP 311543) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition of existing dwelling and construction of multi-unit housing development comprising 4 townhouses with attics over basement carparking.

REFERENCE DA/314/2011 - 16 May 2011

APPLICANT/S D & C Consortium Pty Limited

OWNERS K Tharumalingam & J Kanapathipillai

REPORT OF Manager Development Services

DATE OF REPORT 17 July 2011

REASON FOR REFERRAL TO COUNCIL

The 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 demolition of the existing dwelling and construction of a multi unit housing development comprising 4 two–storey dwellings with attic rooms within the roof space above a basement carpark with 6 car spaces.

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

Buller Street and the northern side of Belmore Street are predominantly characterised by early twentieth century detached dwelling houses. A single multi unit housing development has been constructed at 32-36 Belmore Street to the west of the subject site. There are no other multi unit housing developments constructed within the block bounded by Buller, Belmore, Brickfield and Bellevue Streets.

The subject site is proposed to be zoned R2 Low Density Residential under draft Parramatta LEP 2010. The proposal is defined as multi unit housing under the draft LEP and is not permissible in the draft zone. The proposal is not consistent with the objectives of the zone. Properties to the south of Belmore Street that are characterised by a large number of townhouse development, will remain zoned for medium density with a R3 zoning. This site and others to the north of Belmore Street are to be down zoned to R2 Low Density Residential.

The height of the proposed development complies with the current LEP height limit of 11 metres / 2 storeys. However the roof design that is proposed involves Dutch gables that penetrate outside the DCP building envelope. The gable roof form and its height, being 4.2m from eave to ridge, significantly contribute to the bulky appearance of the building. This is further exaggerated by the dormer windows for Units 1 and 4 on the eastern and western elevations.

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 1 June and 22 June 2011. In response, one written submission was received. The objection has raised concern with solar access and also questions the heritage significance of the dwelling to be demolished. The objector further raises concern with possible asbestos products contained within the garage and side boundary fence to be demolished. The development is satisfactory in terms of solar access and the existing building is not a heritage item. Removal of asbestos could be dealt with by standard conditions of consent.

However, given the Draft LEP is imminent and certain it has been given determinative weight in the consideration of this application. Having regard to the future desired character of this location and that the proposed development will be inconsistent with this, the development application is recommended for refusal.

RECOMMENDATION

(a) That Council as the consent authority REFUSE Development Application No. 314/2011 for demolition and construction of a multi-unit housing development comprising 4 townhouses over basement parking at 81 Buller Street, North Parramatta for the following reasons:

1. The proposed development is prohibited under the provisions of Draft Parramatta Local Environmental Plan 2010, which is deemed to be imminent and certain.

2. 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.

3. The proposed development is inconsistent with the aims and objectives of the Residential 2B zoning under Parramatta Local Environmental Plan 2001 having regard to the streetscape presentation to Belmore and Buller Street.

4. The proposed development is inconsistent with the requirements of Parramatta Development Control Plan 2005. The development does not comply with the height, roof design, disabled access, safety and security provisions contained within the DCP.

5. The proposed development would have a detrimental impact on two significant street trees that make a positive contribution towards the streetscape of Buller Street.

6. The proposed development does not comply with the stormwater drainage requirements of Parramatta Development Control Plan 2005.

7. The proposal is not in the public interest.

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

Troy Loveday

Senior Development Assessment Officer

Attachments:

1 View	Section 79C Report	30 Pages
2 View	Location Plan	1 Page
3 View	Plans and Elevations	6 Pages
4	Confidential Plans	3 Pages

REFERENCE MATERIAL

Council (Development) 8 August 2011 Item 9.3

MAJOR APPLICATION

ITEM NUMBER 9.3

SUBJECT 32 George Street, Clyde
(Lot 1 DP 199892) (Elizabeth Macarthur Ward)

DESCRIPTION To use the premises as a place of public worship.

REFERENCE DA/221/2011 - Submitted 13 April 2011

APPLICANT/S Holy Joy Bible Baptist Church

OWNERS Beachside Hotel Pty Limited

REPORT OF Manager Development Services

DATE OF REPORT 15 July 2011

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as it is a place of public worship.

EXECUTIVE SUMMARY

Development Application No. 221/2011 seeks approval for the occupation of the premises as a place of public worship with a seating capacity of 50 persons. The proposal also includes the demolition of a timber mezzanine level within the building. The proposed hours of operation are as follows:

Permanently Fixed Regular Services and Meetings
Day	Type	Time
Lord’s Day (Sunday)	Morning Service	10:30am – 12:30pm
Lord’s Day (Sunday)	Evening Service	7:00pm – 9:00pm
Wednesday	Evening Service	7:30pm – 9:30pm
Friday	Friday Night Prayer	8:00pm – 10:00pm
Saturday	Youth & Young Adults Mission	5:00pm – 8:00pm
Other Flexible Meetings
Monday	Bible Study (2)	7:30pm – 9:30pm
Everyday	Individual Dawn Prayer	5:00am – 6:30am
Recurring Events & Special Meetings
Mon – Wed	April Revival Meeting	7:30pm – 10:00pm
Mon – Wed	September Revival Meeting	7:30pm – 10:00pm
	Christmas Special Service (Christmas Day)	10:30am – 12:30pm
	New Years Eve Special Service	10:00pm – 12:30am
General Administration
Mon – Fri		9am – 5pm

The subject site is zoned Employment 4 under the provisions of LEP2001. A place of public worship is a permissible land use under the zoning provisions of LEP2001.

The subject site is proposed to be zoned IND1 General Industrial under draft Parramatta LEP 2010. The proposed development is defined as a “place of public worship’' under draft Parramatta LEP 2010 and is permitted with development consent in the draft zone. The proposal is consistent with the relevant objectives of the draft zone as the proposed use assists in facilitating a range of non-industrial land uses that serve the needs of workers and visitors to land within this zone.

The proposed development has a useable floor space of approximately 247m² for congregation related activities. Given that 139m² of this floor space comprises 4 individual prayer rooms (for 4 people only), the common useable floor space for the purposes of calculating car parking should be restricted to the main sanctuary which has an area of 108m². This floor space requires the provision of 23 car parking spaces under the guidelines of the Place of Public Worship DCP. The traffic report submitted with the application estimates 13 car parking spaces are required for the use, based upon the 50 seat capacity of the building and the normal car occupancy rate for church visitation.

Four car parking spaces are provided on site within the ground floor of the existing building (with access provided via a car turning circle) for the use of the proposed church.

The application was referred to Council’s Traffic & Transport Officer, who estimates that for a maximum capacity of 50 persons, a total of 17 car spaces are required for the proposed long term use of the premises. Given that 4 spaces are provided internal to the building, the proposed development is deficient in 13 car parking spaces.

The subject site is located within an industrial precinct. The majority of these industrial related uses are conducted within normal industrial operating hours (generally 9am to 5pm during the week and possibly Saturday mornings). The proposed church activities are all conducted outside the normal operating hours of the predominant surrounding industrial premises.

The Traffic Report states that there are some 250 available parking spaces in the area bounded by Parramatta Road, Berry Street, Marsh Street and Sutherland Street. Parking surveys undertaken reveal that significant on street parking is available during the main hours that the church activities are to be carried out. This survey is considered to be a reasonable representation of the local parking conditions given the industrial nature of the area and the likelihood that the majority of industrial uses would not be operating at these times. The proposed deficiency in off street parking is therefore considered reasonable under the circumstances of the case.

In accordance with Section E(g) of Council’s Notification DCP, the proposed development did not require notification as the proposal constitutes “development within employment zones that is not adjacent to or adjoining residential zoned land.”

The proposed development is consistent with the aims and objectives of the Employment 4 zoning applying to the land. The proposed place of public worship is appropriately sited without unduly impacting on the amenity of nearby properties.

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

RECOMMENDATION

(a) That Council as the consent authority, grant development consent to Development Application No. DA/221/2011 to use the premises as a place of public worship on land at 32 George Street, Clyde subject to the conditions contained within Attachment 1.

Kate Lafferty

Senior Development Assessment Officer

Attachments:

1 View	Section 79C Assessment Report	24 Pages
2 View	Plans	3 Pages
3 View	Locality Map	1 Page

REFERENCE MATERIAL

Council (Development) 8 August 2011 Item 9.4

MAJOR APPLICATION

ITEM NUMBER 9.4

SUBJECT 91-93 Isabella Steet, North Parramatta
(Elizabeth Macarthur Ward) (Lots 10 & 11 DP 7727)

DESCRIPTION Demolition, tree removal and construction of a 2 storey residential flat building comprising of 12 units over basement carparking under the provisions of SEPP (Affordable Rental Housing) 2009.

REFERENCE DA/1024/2010 - 21 December 2010

APPLICANT/S C Konstandinidis

OWNERS A Konstandinidis

REPORT OF Manager Development Services

DATE OF REPORT 20 July 2011

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

The application seeks approval for demolition, tree removal and construction of a 2 storey Residential Flat Building (RFB) containing 12 units with basement car parking for 13 spaces.

Except for the provisions of the ARHSEPP, the proposed development is otherwise prohibited under Parramatta Local Environmental Plan 2001 given the current zoning of the site as Residential 2A. At the time of lodgement, the Affordable Rental Housing SEPP allowed RFB’s to be established on land zoned residential, thereby preventing consent authorities from refusing an application based on the grounds of failure to comply with the zoning tables relevant to those zones.

It is noted that the subject site is to be zoned R2 Low Density Residential under the Draft Parramatta Local Environmental Plan which also does not permit residential flat buildings on the site.

Pursuant to Clause 16A – Character of Local Area of the amended provisions of the SEPP, a Character Test was undertaken of the proposed development which is discussed in detail in the Section 79C Report (Attachment 1). The Character Test considered the following:

· Permissibility

· Building form

· Site amalgamation

· Building Frontage

· Unit Mix

· Occupancy Type

· Architectural Style

· Height

· Front, side and rear setback

· Landscaped Areas

· Location of primary internal and outdoor living areas

· Car Parking

· Visual Bulk

· Overlooking and overshadowing opportunities

Upon review of the proposed development against the above criteria, the development is not considered to be visually compatible with the local context as it does not demonstrate that it has been designed to consider the essential elements that make up the character of the surrounding development.

In response to the initial notification period 12 individual letters of objection and 1 petition with 103 signatures were received. The issues raised within those submissions relate to permissibility, parking, traffic, waste management, social issues, property values, development precedence, privacy, overshadowing, acoustics, tree removal, and consistency with the streetscape, excavations, re-notification of amended plans, hydraulics and heritage. Subsequent to the submission of amended plans, the application was re-notified. In response, 3 individual submissions and 1 petition with 103 signatures were received. However, the individual submissions were from 3 households that had previously submitted objections during the initial notification period. The petition received was a copy of the petition submitted during the first notification period.

The issues contained within these submissions were similar to the issues raised during the initial notification period. The issues have been discussed in detail within the Section 79C assessment report contained in Attachment 1. Also, due to the number of submissions received, an on-site meeting was held on 19 March 2011 and attended by Councillor Pierre Esber, Councillor Chiang Lim, 40 residents and Council's Team Leader Development Assessment and Development Assessment Officer. The applicant was represented by their Town Planner.

The objectives of the amendments to the SEPP placing more emphasis on the appropriateness of particular developments on sites that would be otherwise prohibited. As the proposed development fails to satisfy the provisions of the Character Test, the proposal for a residential flat building in a low density zone is inconsistent with the aims and objectives of the zoning applying to the land and that of the future zone of the site. The proposed works are inappropriately located and are of a bulk and scale that compromises the low density profile of the sites immediately adjoining the subject site and within this section of Isabella Street. Accordingly, the application is recommended for refusal.

RECOMMENDATION

(a) That Council as the consent authority REFUSE Development Application No. 1024/2010 for demolition, tree removal and construction of a 2 storey residential flat building comprising of 12 dwellings over basement car parking on land at 91-93 Isabella Street, North Parramatta for the following reasons:

1. The proposed development does not satisfy the provisions of Clause 16A – Character of Local Area of SEPP (Affordable Rental Housing) SEPP (amended).

2. The proposed development does not satisfy the provisions of the SEPP (Seniors Living) in regards to neighbourhood amenity and streetscape and visual and acoustic privacy.

3. The proposed development is contrary to the aims and objectives of the PLEP 2001 and Draft LEP 2010 as the proposed RFB is a prohibited development under the current and future zoning of the site.

4. The proposed development is inconsistent with the requirements of Parramatta DCP 2005. The development does not comply with the design standards for streetscape, building form and massing, building façade and articulation, visual and acoustic privacy, building separation and solar access.

5. The proposal is not in the public interest.

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

Denise Fernandez

Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 79C Report	57 Pages
2 View	Location Plan	1 Page
3 View	Plans and Elevations	13 Pages
4	Confidential Plans	4 Pages

REFERENCE MATERIAL

Council (Development) 8 August 2011 Item 9.5

MAJOR APPLICATION

ITEM NUMBER 9.5

SUBJECT 368 Victoria Road (cnr Myrtle Street), RYDALMERE
(Lot 1 DP 85031) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition and construction of 6 multi-unit dwellings under the Affordable Rental Housing SEPP.

REFERENCE DA/223/2011 - Lodged 14 April 2011

APPLICANT/S Ridge Designs

OWNERS Mrs D T Wing

REPORT OF Manager Development Services

DATE OF REPORT 19 July 2011

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as the application proposes multi unit housing under the Affordable Rental Housing SEPP.

EXECUTIVE SUMMARY

The application seeks approval for the demolition and construction of 6 multi-unit dwellings with a 2 storey building over basement car parking for 6 vehicles under the Affordable Rental Housing SEPP.

The proposed development is permissible with consent under Parramatta Local Environmental Plan 2001 and the Affordable Rental Housing SEPP 2009. The proposed development will remain permissible under Draft Local Environmental Plan 2010 that proposes to zone the site R3.

The application was notified in accordance with Council’s Notification Policy and three submissions were received. The objections relate primarily to issues relating to parking, traffic, social issues and property devaluation. The issues are addressed in the Section 79C Assessment Report (Attachment 1).

Pursuant to the amended provisions of the SEPP, a Character Test was undertaken of the proposed development which was found to be incompatible with the existing and likely future built environment within this part of Myrtle Street and Victoria Road .

A Social Impact Assessment was submitted and a review found that the proposed multi unit housing development is considered to be compatible with the current development profile of the area, being a mix of single dwellings and multi unit developments. However, the proposed development which has non compliances with controls of Parramatta Development Control Plan 2005, is excessive in bulk and scale and does not relate to the form, proportions and massing of the existing building patterns in the street.

The applicant on 13 May 2011 submitted a letter to Council providing a justification to each non compliance and provided information to address potential isolation. The applicant elected not to amend the plans to comply with Parramatta Development Control Plan 2005 controls, as requested by Council.

The justification to the non compliances provided by the applicant is not supported and the application is recommended for refusal.

RECOMMENDATION

(a) That Council as the consent authority, refuse development consent to Development Application No. 223/2011 for demolition and construction of 6 multi-unit dwellings under the Affordable Rental Housing SEPP on land at 368 Victoria Road, Rydalmere for the following reasons:

1. The proposed development does not meet the objectives of the 2B Residential Zone of Parramatta Local Environment Plan 2001 as the development will not enhance the amenity and characteristics of the area.

2. The proposed development does not comply with Section 3.1 entitled ‘Preliminary Building Envelope’ of Parramatta Development Control Plan 2005, including ‘Minimum Frontage’, ‘Street Setback’ and ‘Side Setback’.

3. The proposed development does not comply with Section 4.1.10 entitled ‘Landscaping’ of Parramatta Development Control Plan 2005 as Communal Landscaped Open Space is not provided on the site.

4. The proposed development does not comply with Section 4.2.1 entitled ‘Streetscape’ of Parramatta Development Control Plan 2005 as the building exceeds the maximum length of a building.

5. The proposed development does not comply with Section 4.3.1 entitled ‘Private and Communal Open Space’ of Parramatta Development Control Plan 2005, as each dwelling does not have 40m² of private open space. .

6. The proposed development is inconsistent with Section 4.2.3 entitled ‘Building Form and Massing’ of Parramatta Development Control Plan 2005 in that the development will result in a building that is excessive in bulk and scale and does not relate to the form, proportions and massing of the existing building patterns in the street.

7. The proposed development does not satisfy the provisions of Clause 16A – Character of Local Area of SEPP (Affordable Rental Housing) SEPP (amended).

8. The gradient of the driveway from the property boundary does not comply with AS 2890.1-2004.

9. The proposal is not in the public interest

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

Attachments:

1 View	Section 79C Report	29 Pages
2 View	Locality map	1 Page
3 View	Plans	4 Pages
4 View	Social Impact Assessment	8 Pages
5	Plans (Confidential)	1 Page

REFERENCE MATERIAL

Council (Development) 8 August 2011 Item 10.1

NOTICE OF MOTION

ITEM NUMBER 10.1

SUBJECT Planning Proposal for Council Land - 21A Tucks Road Toongabbie

REFERENCE F2009/02710 - D02040920

REPORT OF Councillor A Bide

To be Moved by Councillor A Bide

RECOMMENDATION

That, in regards to the Planning Proposal for Council land, considered by the Council on 23 May 2011, the proposed zoning for 21A Tucks Road be changed from R2 to B1, Neighbourhood Centre, with a floor space ratio of 1.5:1 and a height of 12 metres, consistent with the zoning of the land to the north of the site.

BACKGROUND

The Community of Toongabbie, wish to see this land used in a way that includes a mix of uses that will provide services to the community, such a medical centres, local shops, or recreation. The proposed R2 will not achieve this outcome. However the B1 zone will allow this mix of land uses.

Attachments:

Confidential Advice

2 Pages

Council (Development) 8 August 2011 Item 11.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER 11.1

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D02043607

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, four (4) development applications was determined where there has been a variation in standards under SEPP 1 or similar provisions under the Standard Instrument, during the period July 2011.

Louise Kerr

Manager Development Services

Attachments:

1 View

Development Application Variations under SEPP 1 - Approved July 2011

2 Pages

REFERENCE MATERIAL