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) 12 September 2011

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council - 22 August 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 13 Marion Street, Parramatta
(LOT 1 DP 528361) (Arthur Phillip Ward)

8.2 311 Church Street, Parramatta
(Lot C DP 161817) ( Arthur Phillip Ward)

8.3 12 Hurley Street, Toongabbie
(Lot 92 DP537997) (Caroline Chisholm Ward)

9 Reports - Major Applications

9.1 55-57 Belmore Street, North Parramatta (Lots 11 & 12 DP 35503) (Elizabeth Macarthur Ward)

9.2 55-57 Belmore Street, North Parramatta (Lots 11 and 12 DP 35503) (Elizabeth Macarthur Ward)

9.3 109-111 Woodville Road (Cnr Clarke Street), Granville (Lot 1 DP129001 & Lot 3 DP 950303) (Woodville Ward)

9.4 452 Victoria Road Rydalmere
Lot 1A DP 163979 & Lot 1 DP 405986( Elizabeth Macarthur Ward)

9.5 77-79 Carlingford Road, Epping
(Lot 11 and 12 DP 7501)

9.6 183-185 Excelsior Street, Guildford
LOT 5 SEC 11 DP 945 & LOT 6 SEC 11 DP 945 (Woodville Ward)

9.7 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) (Elizabeth Macarthur Ward)

9.8 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) (Elizabeth Macarthur Ward)

9.9 27 Hart Drive Constitution Hill (LOT 6 DP 12452) (Arthur Phillip Ward)

9.10 24 Ferndell Street, South Granville
(Lots 29 & 30 DP 14788 & Lot 202 DP 816219)(Woodville Ward)

9.11 67 Abeckett Street, GRANVILLE NSW 2142
Lot 60 DP 632569 (Elizabeth Macarthur Ward)

9.12 58 O'Connell Street Parramatta
Lot 1 DP 900803( Arthur Phillip Ward)

10 Notices of Motion

10.1 Parramatta Gaol

11 Economy and Development

11.1 Variations to Standards under SEPP 1

11.2 Proposed listing of Lake Parramatta Dam Wall and St Patrick’s Roman Catholic Cemetery on NSW State Heritage Register

11.3 Former Channel 7 Studios, 61 Mobbs Lane, Epping
(Lot 1 DP 129023, Lot 2 DP 129023, Lot 1 DP 570891, Lot 2 DP 732070) (Lachlan Macquarie Ward)

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.

12.2 Referral of Inspection report by the NSW Fire & Rescue (FRNSW)

This report is confidential in accordance with section 10A (2) (e) of the Local Government act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law.

12.3 Acquisition of Property

This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

13 DECISIONS FROM CLOSED SESSION

14 QUESTION TIME

Council (Development) 12 September 2011 Item 8.1

DOMESTIC APPLICATION

ITEM NUMBER 8.1

SUBJECT 13 Marion Street, Parramatta
(LOT 1 DP 528361) (Arthur Phillip Ward)

DESCRIPTION Use of the premises as a children's contact centre and installation of a shade sail, soft fall area, gates and fencing fronting High Street.

REFERENCE DA/171/2011 - 29 March 2011

APPLICANT/S Macquarie Legal Centre

OWNERS Kuei-Jung Hsieh

REPORT OF Manager Development Services

DATE OF REPORT

17 August 2011

REASON FOR REFERRAL TO COUNCIL

This application is reported to Council as the proposal site is heritage listed.

EXECUTIVE SUMMARY

Approval is sought to use the premises as a children's contact centre with hours of operation 9:00am - 5:00pm Monday, Tuesday, Thursday and Saturday, Friday 9:00am - 7:00pm, Sunday 11:00am - 5:00pm. It is also proposed to install a shade sail, soft fall area, gates and fencing fronting High Street. The fence will be approximately 16m in length. A colour bond pedestrian access gate is also proposed fronting High Street in the south-western corner of the frontage. Two other security gates are proposed internal to the site. The use of the premises has commenced.

The property is a single storey weatherboard Federation style heritage listed building and has been used by Macquarie Legal Centre (MLC) - a Non Government and Non Profit organisation, as a children's contact centre called “Central West Contact Service (CWCS)” which provides social services for children and adults. There are only 3 Children’s Contact Centres in Sydney and CWCS’s clients come from all over Sydney, Wollongong and the Central Coast to use the service. The facility is security and privacy dependent as it provides a place for children and parents in custody disputes to meet and interact in a neutral place.

The proposal is defined as a “business premises” and is permissible under the B4 Mixed Use zoning applying to the land.

In accordance with Council’s Notification DCP, the proposal was advertised with owners and occupiers of surrounding properties as well as members of Council’s Heritage Committee, given notice of the application for a 21 day period each between 13 April and 4 May 2011 and 20 July 2011 and 10 August 2011. In response, no submissions were received during these two periods.

Council’s Heritage Advisor supports the proposal from a heritage perspective.

Given that the use has commenced without prior development consent being obtained the file will be referred to Council’s Development Control Team for investigation and possible issue of a Penalty Infringement Notice.

The proposal is considered to be satisfactory in respect to Section 79C of the Environmental Planning and Assessment Act 1979, and the relevant statutory and policy provisions and will not result in any significant adverse impacts. The proposal is suitable for the site and is in the public interest. Therefore, it is recommended the application be approved subject to the imposition of appropriate conditions.

RECOMMENDATION

a). That Council as the consent authority grant development consent to Development Application No. DA/171/2011 for a use of the premises as a children's contact centre and installation of a shade sail, soft fall area, gates and fencing fronting High Street on land at 13 Marion Street subject to conditions as outlined in Attachment 1 of this report.

b). Further that, as the use has commenced without prior planning approval being obtained, the site be referred to Council’s Development Control Team for investigation including the possible issue a Penalty Infringement Notice.

Kim Tan-Lim

Senior Development Assessment Officer

Attachments:

1 View	Section 79C report	15 Pages
2 View	Locality map	1 Page
3 View	Plans & elevations	2 Pages

Council (Development) 12 September 2011 Item 8.2

DOMESTIC APPLICATION

ITEM NUMBER 8.2

SUBJECT 311 Church Street, Parramatta
(Lot C DP 161817) ( Arthur Phillip Ward)

DESCRIPTION Alterations and additions to a ground floor tenancy and use as a restaurant including outdoor seating and signage

REFERENCE DA/474/2011 - Submitted 12 July 2011

APPLICANT/S E Fieraru

OWNERS Appwam Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT

19 August 2011

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the proposal involves works to a heritage item.

EXECUTIVE SUMMARY

The application seeks approval for alterations and additions to a ground floor tenancy and use as a restaurant including outdoor seating and signage. The hours of operation are 8am to 12am (midnight) Monday to Thursday and 9am to 1am Friday to Sunday. The application proposes 72 seats located inside and an additional 8 seats with 4 tables outside. This will increase the number of outdoor dining seats from 30 to a total of 38.

The site is listed as a heritage item of local significance under schedule 5 of Parramatta City Centre LEP 2007. The application has been considered by Councils’ Heritage Advisor who has reviewed all documentation submitted with the development application and supports the proposed use as a restaurant and the associated signage.

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

The proposal is consistent with the objectives of the Parramatta City Centre Local Environmental Plan 2007, City Centre Development Control Plan 2007 and Council’s Outdoor Dining Policy. The likely impacts of the proposed restaurant use, signage and additional outdoor dining have been assessed and are considered to be compatible with the character of existing commercial developments in the surrounding area.

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

RECOMMENDATION

That Council grant development consent to Development Application No DA/474/2011 for alterations and additions to a ground floor tenancy, use as a restaurant including outdoor seating and signage on land at 311 Church Street, Parramatta subject to conditions contained within Attachment 1.

Emily Dickson

Development Assessment Officer

Attachments:

1 View	Section 79C Report	19 Pages
2 View	Locality Map	1 Page
3 View	Plans	2 Pages

REFERENCE MATERIAL

Council (Development) 12 September 2011 Item 8.3

DOMESTIC APPLICATION

ITEM NUMBER 8.3

SUBJECT 12 Hurley Street, Toongabbie
(Lot 92 DP537997) (Caroline Chisholm Ward)

DESCRIPTION Alterations and additions to an existing dwelling house including a new deck and construction of an awning over.

REFERENCE DA/405/2011 - Submitted 16 June 2011

APPLICANT/S Mr Ryan Bollard

OWNERS Mr Ryan Bollard and Ms Lauren Neave

REPORT OF Manager Development Services

DATE OF REPORT 24 August 2011

REASON FOR REFERRAL TO COUNCIL

The applicant is a Council Employee (Landscape Officer in the Development Services Unit). Accordingly this application has been assessed by an independent planning consultant.

EXECUTIVE SUMMARY

DA/405/2011 seeks approval for the construction of a timber deck attached to the existing dwelling towards its eastern frontage with Hurley Street. The deck is to be rectangular in shape (4m deep by 7.8m wide), stretching the full length of the façade of the dwelling and is to have a side access component leading to the rear of the dwelling. The deck is to be elevated 400mm above the existing ground level to allow direct access from the dwelling. It is also proposed to construct an awning over the deck, having a width of 7m and a depth of 3.5m, at eave height and to remove an existing window in the eastern façade of the dwelling, to be replaced by a sliding door to provide direct access to the deck.

The proposal is for ancillary works associated with a dwelling house and therefore satisfies the definition of a “dwelling house” and is permissible under the 2A Residential zoning applying to the land. The proposed works are consistent with the objectives of the 2A Residential zone and comply with the relevant controls of LEP 2001.

The proposed works are consistent with the relevant objectives and controls of DCP 2005 with the exception of the minimum rear setback and deep soil zone provision at the rear of the site controls.

DCP 2005 requires a rear setback equivalent to 30% of the length of the site. Given the subject site is a corner allotment and the existing dwelling is setback from both streets, the existing building does not comply with the rear setback control. The deck/awning is proposed to the side of the dwelling and aligns with the rear setback of the existing dwelling, therefore not providing a setback in accordance with the control. Given the otherwise satisfactory nature of the deck/awning and the fact that the control cannot be complied with given the location of the existing dwelling it is considered reasonable to vary the rear setback control in this instance.

DCP 2005 requires that 30% of the site be deep soil landscaping and the proposal complies with this requirement, however it fails to comply with the requirement that 50% of the deep soil area be located at the rear of the dwelling. The existing dwelling fails to comply with this control due to the location of the dwelling. As the control cannot be complied with and as the overall deep soil area is satisfied, it is considered reasonable to vary the rear yard deep soil control in this instance.

The subject site is proposed to be zoned R2 under draft Parramatta LEP 2010. The proposed development is defined as a dwelling house under draft Parramatta LEP 2010 and is permitted with development consent in the draft zone.

It is not considered that the woks will have any significant impact on adjoining properties in terms of loss of privacy, shadowing or loss of views.

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 DA/405/2011 for alterations and additions to the existing dwelling house including a new deck with an awning over at 12 Hurley Street, TOONGABBIE, NSW 2146, subject to the recommended conditions listed in attachment one.

Nicole Askew

Team Leader. Development and Certification

Attachments:

1 View	Section 79C Report	28 Pages
2 View	Locality Map	1 Page
3 View	Plans	2 Pages

Council (Development) 12 September 2011

Major Applications

12 September 2011

9.1 55-57 Belmore Street, North Parramatta (Lots 11 & 12 DP 35503) (Elizabeth Macarthur Ward)

9.2 55-57 Belmore Street, North Parramatta (Lots 11 and 12 DP 35503) (Elizabeth Macarthur Ward)

9.3 109-111 Woodville Road (Cnr Clarke Street), Granville (Lot 1 DP129001 & Lot 3 DP 950303) (Woodville Ward)

9.4 452 Victoria Road Rydalmere
Lot 1A DP 163979 & Lot 1 DP 405986( Elizabeth Macarthur Ward)

9.5 77-79 Carlingford Road, Epping
(Lot 11 and 12 DP 7501)

9.6 183-185 Excelsior Street, Guildford
LOT 5 SEC 11 DP 945 & LOT 6 SEC 11 DP 945 (Woodville Ward)

9.7 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) (Elizabeth Macarthur Ward)

9.8 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) (Elizabeth Macarthur Ward)

9.9 27 Hart Drive Constitution Hill (LOT 6 DP 12452) (Arthur Phillip Ward)

9.10 24 Ferndell Street, South Granville
(Lots 29 & 30 DP 14788 & Lot 202 DP 816219)(Woodville Ward)

9.11 67 Abeckett Street, GRANVILLE NSW 2142
Lot 60 DP 632569 (Elizabeth Macarthur Ward)

9.12 58 O'Connell Street Parramatta
Lot 1 DP 900803( Arthur Phillip Ward)

Council (Development) 12 September 2011 Item 9.1

MAJOR APPLICATION

ITEM NUMBER 9.1

SUBJECT 55-57 Belmore Street, North Parramatta (Lots 11 & 12 DP 35503) (Elizabeth Macarthur Ward)

DESCRIPTION Consolidation, demolition, tree removal and construction of 2 x 2-storey buildings containing 10 dwellings over basement car parking with strata subdivision

REFERENCE DA/299/2011 - 10 May 2011

APPLICANT/S Maria Bris

OWNERS John and Maria Bris & Ian and Jane Middlemiss

REPORT OF Manager Development Services

DATE OF REPORT 19 August 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 under Draft LEP 2011 and the number of public submissions received.

EXECUTIVE SUMMARY

Approval is sought for consolidation, tree removal, demolition of the existing dwellings and construction of a multi unit housing development comprising 10 townhouses with basement car parking for 13 vehicles. 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.

The subject site is located on the corner of Belmore Street and Corry Court and the proposed development will address both street frontages. The entrance to the basement car park will be from Corry Court. Surrounding development comprises a mix of housing types, including detached dwelling houses, dual occupancies and townhouses.

The subject site is proposed to be zoned R2 Low Density Residential under the Draft Parramatta LEP 2011. The proposal is defined as multi dwelling housing under the draft LEP and is not permissible in the R2 zone. The proposal is not consistent with the objectives of the R2 zone. Properties along the southern boundary of the site fronting Gladstone Street will remain zoned for medium density with a R3 zoning. The site and the others along both sides of Belmore Street are to be down zoned to R2 Low Density Residential.

Whilst in recent years there has been several townhouse developments constructed in the vicinity of the subject site, the area around the site that is proposed to be down zoned has not been subject to widespread redevelopment. Fewer than 6 in 50 land parcels in the area to be down zoned have been developed for townhouses.

The proposal has been assessed against Parramatta DCP 2005 and it has been found to be generally compliant with the exception of concerns regarding development on a sloping site, streetscape given the future character of the area and a concern regarding the bulk of the buildings as viewed from Old Salesyards Reserve. Other minor issues appear to be the width of the dwellings and a non compliant disabled access into each dwelling. These concerns are fully discussed in the assessment report.

In accordance with Council’s Notification DCP, the proposal was advertised with owners and occupiers of surrounding properties given notice of the development application and submissions accepted between 25 May and 15 June 2011. In response 10 individual submissions and a petition signed by 111 persons were received in opposition to the proposed development. The submissions raise many issues with the proposal including over-development, character, traffic/parking and privacy. The down zoning of the land by the draft LEP is also raised as a concern. The issues raised in the public submissions are considered in the attached Section 79C assessment report. An on-site meeting will be held for this application on 10 September and any additional matters that arise from this meeting will be separately circulated to Councillors.

The applicant has also lodged a development application (DA418/2011) for construction of an affordable rental housing development under the provisions of the SEPP (Affordable Rental Housing) 2009. This application will be considered in conjunction with DA 418/2011 as it is for an identical form of development.

On the basis that the draft LEP is imminent and certain, it has been given determinative weight in the consideration of this application. The application is recommended for refusal having regard to its compatibility with the future desired character of this location.

RECOMMENDATION

(a) That Council as the consent authority REFUSE Development Application No. 299/2011 for demolition and construction of a multi-unit housing development comprising 10 townhouses over basement parking at 55 & 57 Belmore Street, North Parramatta for the following reasons:

1. The proposed development is prohibited under the provisions of Draft Parramatta Local Environmental Plan 2011, which is deemed imminent and certain.

2. The proposed development is inconsistent with the requirements of Parramatta DCP 2005. The development does not comply with several provisions of the DCP including, development on sloping land, bulk and massing, disabled access, visual privacy and cross ventilation.

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

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

Troy Loveday

Senior Development Assessment Officer

Development Assessment Unit

Attachments:

1 View	Section 79C Report	32 Pages
2 View	Locality Map	1 Page
3 View	Architectural Plans	4 Pages
4	Confidential Internal Floor Plans	3 Pages

Council (Development) 12 September 2011 Item 9.2

MAJOR APPLICATION

ITEM NUMBER 9.2

SUBJECT 55-57 Belmore Street, North Parramatta (Lots 11 and 12 DP 35503) (Elizabeth Macarthur Ward)

DESCRIPTION Construction of 10 townhouses over basement car parking under the Affordable Rental Housing SEPP 2009.

REFERENCE DA/418/2011 - 20 June 2011

APPLICANT/S Maria Bris

OWNERS John and Maria Bris & Ian and Jane Middlemiss

REPORT OF Manager Development Services

DATE OF REPORT 19 August 2011

REASON FOR REFERRAL TO COUNCIL

This application is referred to Council for determination due to the submissions received and the nature of the development (affordable rental housing under the Affordable Rental Housing SEPP).

EXECUTIVE SUMMARY

The application seeks approval for the demolition of 2 dwelling houses, tree removal and construction of a multi unit housing development comprising 10 dwellings over basement car parking for 13 vehicles accessed from Corry Court, under the provisions of SEPP (Affordable Rental Housing) 2009.

The proposal has been submitted to Council as an infill housing development under the amended provisions of the SEPP. The provisions of the SEPP were amended on 20 May 2011 and this application was made subsequent to those changes coming into force. Therefore the application is not subject to the same process as those to which the savings clause applies.

In this case the provisions of the SEPP can only be applied where the proposed type of development is also permissible under another planning instrument. A significant issue here is that multi unit housing is currently permissible under Parramatta LEP 2001 but it will be prohibited under Draft Parramatta LEP 2011. The Draft LEP was adopted by Council in December 2010 and referred to the Minister to be made. This was more than 8 months ago and the new plan is considered to be imminent and certain. An assessment of the proposal has also been made against the ‘character test’ that forms part of the amended SEPP and in this case, the proposal is considered to be incompatible with the character of the surrounding location.

The development application was advertised and notified to adjoining residents in accordance with the Notification DCP and 32 submissions objecting to the proposal were received. The main issues that have been raised in the submissions are traffic/parking and bulk/scale of the proposal. These issues have been fully considered in the S79C report attached. An on-site meeting will be held for this application on 10 September and any additional matters that arise from this meeting will be separately circulated to Councillors.

The applicant has also lodged a development application (DA299/2011) for construction of multi unit housing under Parramatta LEP 2001. This application will be considered in conjunction with DA 299/2011 as it is for an identical form of development.

As with Development Application DA 299/2011, which also proposes the construction of multi unit housing on this site, the proposed development is contrary to the zoning provisions of the new Parramatta Local Environmental Plan. Accordingly, the development application is recommended for refusal.

RECOMMENDATION

(a) That Development Application No. 418/2011 for demolition, tree removal and construction of an affordable rental housing development containing 10 dwellings over a basement carpark on land at Nos. 55 and 57 Belmore Street, North Parramatta (Lots 11 and 12 DP 35503) be refused for the following reasons:

1. The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 as it does not satisfy the provisions of the Seniors Living Guidelines, including responding to context, site planning and design impact on streetscape and impact on neighbours.

2. The proposal fails to satisfy the provisions of the amended State Environmental Planning Policy (Affordable Rental Housing) 2009 as it does not satisfy the requirement to be compatible with the character of the local area as the assessment demonstrates that the proposed development will not be compatible with the existing and desired future character of the surrounding location.

3. The proposed development is contrary to the aims and objectives of the Draft Parramatta Local Environmental Plan 2011 whereby multi dwelling housing will be prohibited development and inconsistent with the objectives of the R2 Low Density Residential zone.

4. The proposed development is inconsistent with the requirements of Parramatta DCP 2005. The development does not comply with several provisions of the DCP including, development on sloping land, bulk and massing, disabled access, visual privacy and cross ventilation.

5. The proposal is not in the public interest.

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

Troy Loveday

Senior Development Assessment Officer

Development Assessment Services

Attachments:

1 View	Section 79C Report	54 Pages
2 View	Locality Map	1 Page
3 View	Architectural Plans	4 Pages
4	Confidential Internal Residential Floor Plans	3 Pages

Council (Development) 12 September 2011 Item 9.3

MAJOR APPLICATIONS

ITEM NUMBER 9.3

SUBJECT 109-111 Woodville Road (Cnr Clarke Street), Granville (Lot 1 DP129001 & Lot 3 DP 950303) (Woodville Ward)

DESCRIPTION Demolition, tree removal and construction of a multi unit development with basement car parking and strata subdivision.

REFERENCE DA/955/2010 - Lodged 26 May 2011

APPLICANT/S P Karam

OWNERS Mr P J Karam and Mrs N T Karam

REPORT OF Manager Development Services

DATE OF REPORT 29 July 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 under Parramatta Draft Local Environmental Plan 2011.

EXECUTIVE SUMMARY

Approval is sought for the demolition, tree removal and construction of a multi-unit housing development comprising of 2 buildings containing 6 dwellings over a basement carpark containing 11 car spaces and strata subdivision of completed development.

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

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.

In accordance with Council’s Notification DCP, the proposal was advertised with owners and occupiers of surrounding properties given notice of the application for a 21 day period between 8 June and 29 June 2011. In response, one written petition with 31 signatures objecting to the development was received. The issues raised within the petition are addressed in the Section 79C Assessment Report (Attachment 1).

The subject site is located on Woodville Road which contains a range of developments ranging from single and two storey dwellings, two storey town houses, four storey mixed use developments, a service station, commercial premises and light industrial premises. The design, bulk and scale of the proposed development is consistent with that of recently constructed buildings.

The development satisfactorily integrates with both Woodville Road and Clarke Street with adequate setbacks, articulation, height and sufficient landscaping.

The proposed two storey development is consistent with the future height and street setbacks under the Draft DCP 2010 and has a similar bulk to development permissible under the Draft zoning.

The proposed development is of a bulk, scale and design that is in keeping with development along Woodville Road.

Accordingly the application is recommended for approval.

RECOMMENDATION

(a) That Council as the consent authority, grant development consent to Development Application No. 356/2011 for demolition, tree removal and construction of six 2 storey townhouses over basement carparking on land at 109-111 Woodville Road, GRANVILLE subject to the conditions contained within Attachment 1.

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

Ashleigh Matta

Development Assessment Officer

Attachments:

1 View	Section 79C Report	51 Pages
2 View	Locaility Map	1 Page
3 View	Plans	6 Pages
4 View	Map illustrating existing development near site	1 Page
5 View	Confidential Internal Residential Floor Plan	2 Pages

Council (Development) 12 September 2011 Item 9.4

MAJOR APPLICATION

ITEM NUMBER 9.4

SUBJECT 452 Victoria Road Rydalmere
Lot 1A DP 163979 & Lot 1 DP 405986( Elizabeth Macarthur Ward)

DESCRIPTION Demolition, tree removal and construction of a 3 storey residential flat building containing 7 apartments with strata subdivision under the Affordable Rental Housing SEPP.

REFERENCE DA/986/2010 - 6 December 2010

APPLICANT/S Revelop Projects Pty Ltd

OWNERS Mrs M Yackoub

REPORT OF Manager Development Services

DATE OF REPORT 16 August 2011

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council due to the number of submissions received and the proposal is an infill housing development under the Affordable Rental Housing SEPP.

EXECUTIVE SUMMARY

The application seeks approval for demolition of the existing dwelling, removal of trees and construction of a part two storey and part three storey Residential Flat building consisting of 1 x 3 bedroom, 1 x 1 bedroom and 5 x 2 bedroom units under the Affordable Rental Housing SEPP 2009.

The proposal has been submitted to Council as infill housing under State Environmental Planning Policy (Affordable Rental Housing) 2009. At the time of lodgement the provisions of the 2009 SEPP permitted Residential Flat building in a site irrespective of the zoning. However, amendments made to the SEPP on 20 May 2011 [State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011] would now prohibit the proposed infill development in the low density zone. Clause 54A (2) - Savings and Transitional provisions enables consent authorities to retrospectively apply the prohibition clause.

It is noted that the subject site is to be down zoned R2 Low Density Residential under the Draft Parramatta Local Environmental Plan 2011 from the existing 2B zoning Parramatta Local Environmental Plan 2001. Both the zonings do not permit Residential Flat building developments on the site. The proposed residential flat building would be incompatible in bulk and scale with the existing dwellings in the neighbourhood.

Concerns raised by Council’s Urban Designer, significantly on bulk and scale, car parking in front of the building line suggest the site is not suitable for the density of development proposed. Accordingly, the development application is recommended for refusal.

In response to the initial notification period 5 individual letters of objection were received. The initial proposal consisted of a partly 2/3 storey Residential Flat building with basement car parking. The issues raised within those submissions relate to permissibility, parking, traffic, privacy, overshadowing, acoustics, and consistency with the streetscape, hydraulics, bulk and scale.

The applicant was also made aware of concerns with the proposal in writing and invited to submit further information and/or amend the design of the proposal. The applicant submitted amended plans which deleted the basement car parking and retained the 7 residential flat units, including the part two/three storey building structure. An additional 2 letters of objection were received.

The issues have been discussed in detail within the Section 79C assessment report contained in Attachment 1.

A primary objective of the amendments to the ARHSEPP was to place 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 development 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 Victoria Road.

Accordingly, the application is recommended for refusal. As the development lacks merit as outlined throughout this report, it is appropriate to also include a ground of refusal that the development is prohibited as allowed under Clause 54A(2) – Savings and Transitional of the amended SEPP (Affordable Rental Housing) 2009.

RECOMMENDATION

a) That Council as the consent authority REFUSE Development Application No. 986/2010 for demolition, tree removal and construction of a part two/three storey Residential flat building consisting of 5 x 2 bedroom , 1 x 1 bedroom and 1 x 3 bedroom units under the Affordable Rental Housing SEPP on land at 452 Victoria Road for the following reasons:

1. The proposal is prohibited by Clause 10(2) of State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 as the application proposes infill housing in a zone that prohibits residential flat buildings.

2. The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 as it does not satisfy the provisions of the SEPP 65- including responding to context, site planning and design, impact on streetscape and impact on neighbours.

3. The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) Amendments 2011 as it does not satisfy the local character provision in clause 16A as the assessment demonstrates that the proposed development will not be compatible with the existing and/or the desired future character of the locality.

4. The proposed development is contrary to the aims and objectives of Parramatta Local Environmental Plan 2001 and Draft Parramatta Local Environmental Plan 2010 and the proposed residential flat building is a prohibited development under the current and future zoning of the site and is out of character with the area.

5. 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, building separation and acoustic privacy.

6. The proposal exceeds the maximum allowable FSR and no SEPP 1 objection has been submitted.

7. The proposal is not in the public interest.

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

Sasi Kumar

Senior Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 79C Report	54 Pages
2 View	Locality Plan	1 Page
3 View	Architectural Plans	3 Pages
4	Confidential Internal Residential Floor Plans	4 Pages

Council (Development) 12 September 2011 Item 9.5

MAJOR APPLICATION

ITEM NUMBER 9.5

SUBJECT 77-79 Carlingford Road, Epping
(Lot 11 and 12 DP 7501)

DESCRIPTION Demolition, tree removal and construction of 8 x 2 storey townhouses over basement parking comprising 18 spaces.

REFERENCE DA/319/2011 - 16 May 2011

APPLICANT/S Stonebrae Pty Ltd

OWNERS L L Senanayake and P Senanayake

REPORT OF Manager Development Services

DATE OF REPOrT

18 August 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 2011.

EXECUTIVE SUMMARY

Approval is sought for demolition, tree removal and construction of a multi-unit dwelling development containing 8 x 3 bedroom townhouses with basement parking for 18 vehicles

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.

This portion of Carlingford Road is characterised by mostly single d dwelling houses. A multi-unit housing development has been constructed approximately 100 metres to the east of the site. This development, however, is separated by Midson Road.

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

· Height

· Street Setback

· Deep Soil Zone

· Landscaped Area

· Streetscape

· Building Form and Massing

· Building Façade and Articulation

· Private Open Space

· Communal Open Space

· Solar Access

· Internal amenity

· Safety and Security

In accordance with Council’s Notification DCP, the proposal was advertised with owners and occupiers of surrounding properties giving notice of the application for a 21 day period between 1 June 2011 - 22 June 2011. In response, four written submission were received. Issues raised within the submissions include, traffic and parking, permissibility, bulk and scale, consistency with the streetscape pattern and character of the area, front setbacks, fencing, tree removal, overdevelopment of the site, heritage and building separation.

Accordingly the application is recommended for refusal.

RECOMMENDATION

(a) That Council as the consent authority REFUSE Development Application No. 319/2011 for demolition, tree removal and construction of a multi-unit dwelling development containing 8 x 3 bedroom townhouses with basement parking for 18 spaces on land at 77-79 Carlingford Road, Epping 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 PLEP 2001 given the bulk and scale and poor streetscape presentation and as such is not considered to maintain suitable residential amenity to adjoining sites.

4. The proposed development is inconsistent with the requirements of Parramatta DCP 2005. The development does not comply with the design standards for height, street setback, deep soil zone, landscaping, private open space, communal open space, streetscape, built form and massing, building façade and articulation, solar access, internal amenity and safety and security.

5. The proposal is not in the public interest.

(b) Further 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	14 Pages
4	Confidential Internal Residential Plans	8 Pages

Council (Development) 12 September 2011 Item 9.6

MAJOR APPLICATION

ITEM NUMBER 9.6

SUBJECT 183-185 Excelsior Street, Guildford
LOT 5 SEC 11 DP 945 & LOT 6 SEC 11 DP 945 (Woodville Ward)

DESCRIPTION Demolition, tree removal and construction of a residential flat building containing 10 dwellings over basement carparking under the Affordable Rental Housing SEPP.

REFERENCE DA/955/2010 - Submitted 23 November 2010

APPLICANT/S Mr L Frangieh

OWNERS Mr T Frangieh & Mr L Frangieh & Mrs E Frangieh

REPORT OF Manager Development Services

DATE OF REPORT 18 August 2011

REASON FOR REFERRAL TO COUNCIL

This application is referred to Council for determination as the proposal is for infill housing under the SEPP (Affordable Rental Housing) 2009.

EXECUTIVE SUMMARY

The application seeks approval for demolition, tree removal and construction of a residential flat building containing 10 dwellings over basement carparking under the SEPP (Affordable Rental Housing) 2009.

The proposal has been submitted to Council as infill housing under State Environmental Planning Policy (Affordable Rental Housing) 2009. At the time of lodgement the provisions of the 2009 SEPP permitted residential flat buildings in a site irrespective of the zoning. However, amendments made to the SEPP on 20 May 2011 [State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011] would now prohibit the proposed infill development in the low density zone. Clause 54A (2) - Savings and Transitional provisions enables consent authorities to retrospectively apply the prohibition clause. In the case of this application, the building is more than 8.5m high and therefore does not satisfy the criteria for infill housing.

The subject application is subject to a savings clause under the SEPP that requires Council to consider compatibility with the character of the surrounding local area. This process has found the development to be incompatible for a number of reasons, including design, external appearance and impact upon neighbouring properties. The issue of compatibility with the local area are so significant that they warrant refusal of the development application.

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

The objectives of the amendments to the SEPP place 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 Excelsior Street. The proposal also provides inadequate amenity for the future occupants of the site, particularly in terms of access to private open space and solar access. Accordingly, the application is recommended for refusal.

RECOMMENDATION

That Development Application No. 955/2010 for the demolition, tree removal and construction of a residential flat building containing 10 dwellings over basement carparking under the SEPP (Affordable Rental Housing) 2009 on land at 183-185 Excelsior Street, Guildford be refused for the following reasons:

2. The proposal cannot be considered as “infill housing” under the SEPP as it does not comply with Clause 11(a)(i) which restricts the height to a maximum of 8.5m. In this regard, the proposal has a maximum height of 9.5m.

3. The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 as it does not satisfy the minimum solar access provisions of Clause 14(1)(e). In this regard, insufficient solar access has been provided to the private open spaces of the proposed development.

4. The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 as it does not satisfy the provisions of the Seniors Living Policy including responding to context, site planning and design, impact on streetscape and impact on neighbours.

5. The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) Amendments 2011 as it does not satisfy the local character provision as the assessment demonstrates that the proposed development will not be compatible with the existing and/or the desired future character of the locality.

6. The proposed development is contrary to the aims and objectives of Parramatta Local Environmental Plan 2001 and Draft Parramatta Local Environmental Plan 2010 and the proposed residential flat building is a prohibited development under the current and future zoning of the site and is out of character with the area.

7. 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, building façade and articulation, solar access, private open space and acoustic privacy.

8. The proposed development provides inadequate amenity to the future residents of the site as there is insufficient natural surveillance of pedestrian entry points, no private open space is provided for Unit 1 and Unit 2, no direct association between living areas and private open spaces for the ground floor dwellings, insufficient solar access to the majority of private open space areas and the location of clothes drying facilities within semi-public areas.

9. Insufficient information has been provided by the applicant for Council officers to carry out a proper assessment of the social impacts of the proposed development. In this regard, the Social Impact Assessment has not addressed the criteria required for consideration of the social impacts of the proposed development.

10. The proposal is not in the public interest.

Kate Lafferty

Senior Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 79C Assessment Report	41 Pages
2 View	Locality Map	1 Page
3 View	Plans & Elevations	10 Pages
4	Confidential Plans & Elevations	4 Pages

Council (Development) 12 September 2011 Item 9.7

MAJOR APPLICATION

ITEM NUMBER 9.7

SUBJECT 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) (Elizabeth Macarthur Ward)

DESCRIPTION Construction of additional floor within an approved building footprint and use of levels 3 and 4 for boarding house accommodation.

REFERENCE DA/377/2011 - 7 June 2011

APPLICANT/S Mr Franz Boensch

OWNERS Mr Franz Boensch

REPORT OF Manager Development Services

DATE OF REPORT 21 August 2011

REASON FOR REFERRAL TO COUNCIL

The application is brought to Council for determination as it is a boarding house and due to the future zoning of the site to Light Industrial IN2 under Draft LEP 2011 that will prohibit the proposed development.

EXECUTIVE SUMMARY

The proposed development involves works and use of a portion of a 4 storey approved building footprint at 255 Victoria Road, Rydalmere.

The proposal is for the fit out of level 3 of an approved building envelope for the purpose of a 48 room boarding house involving the erection of a new floor between the floor level of the 3^rd and 4^th storeys. Each floor is to be portioned into 24 x 15sqm single occupancy rooms with a communal area in the centre of the building.

The site is zoned Business and Transport Centre zone under the Sydney Regional Environmental Plan No 28 – Parramatta. Boarding houses are currently permissible in this zone which is specific to the Rydalmere Precinct under SREP 28. In addition, boarding house development is enabled by the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009. The provisions of the amended SEPP have been considered in addition to the controls under the SREP 28. The proposal is not favoured as it is considered to fail the character test that must be applied under the SEPP.

The provisions of the SREP will be repealed upon the commencement of Draft Parramatta LEP 2011. The site will be zoned Light Industrial IN2 under the new LEP and boarding houses will be prohibited in this zone.

In 1998 Council approved the construction of a 4 level building involving a car repair workshop, reception area, a car parking level and 2 residential dwellings (caretaker flats) to be used in association with the main use of the site. Very limited commencement of the development has begun with concrete footings constructed in 2003. The proposal involves the deletion of all on site car parking approved for the original development that was located on level 3 of the building and accessed via an internal car elevator from a driveway connection to Victoria Road and also alters the external and interior footprint of the approved building.

The quality of the development application, including the architectural plans and documentation is inadequate to enable a proper assessment of the impacts of the development to be undertaken. The site has a number of constraints, including flooding, limited vehicle access, road traffic noise, a natural watercourse on the eastern boundary and possible land contamination that require detailed consideration. The development application has not provided information that would allow Council to properly consider the suitability of the site for this proposal.

The development application was advertised with owners and occupiers of surrounding properties given notice of the application between 22 June and 13 July. Two submissions were received during this period. The issues raised mainly relate to car parking and density and have been addressed in the Section 79C assessment report.

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 industrial character of the location and the incompatibility of the proposal within that zone, the development application is recommended for refusal.

RECOMMENDATION

(a) That That Development Application 377/2011 for alterations and additions to an approved building and use as a boarding house on land at 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) be refused for the following reasons:

1. The proposed development is contrary to the aims and objectives of Draft Parramatta Local Environmental Plan 2011 as the boarding house will be prohibited development under the future zoning of the land.

2. The proposed development is contrary to the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009, including incompatibility with the local area and requirements to provide on site car parking.

3. The proposed development is considered to be an overdevelopment of the site.

4. The proposed development will have unacceptable impacts on the surrounding area as it fails to provide on site car parking to meet the requirements of the development.

5. The proposed development will have unacceptable impacts on the surrounding area as it fails to provide an on site loading/servicing area capable of meeting the requirements of the development.

6. The proposed development will have unacceptable amenity impacts for future residents as the development fails to provide an area of communal open space.

7. The application has failed to provide sufficient information to enable a proper assessment to be made against the requirements of Council’s Local Floodplain Risk Management Policy.

8. The application has failed to provide sufficient information to enable a proper assessment of the site’s suitability for residential development with respect to land contamination having regard to Clause 7 of State Environmental Planning Policy No. 55 – Remediation of Land and Clause 86 of Sydney Regional Environmental Plan No. 28 – Parramatta

9. The application has failed to provide sufficient information to enable a proper assessment of the impact of road related noise on future occupants.

10. The application has failed to provide sufficient information to enable a proper assessment of how the storage and collection of waste/recycling materials arising from the boarding house will be managed.

11. The application does not provide sufficient information to enable a proper assessment of the residential amenity (access to light and ventilation) of future occupants of the boarding house.

12. The site is not suitable for the proposed residential development as it is situated within 200 metres distance of an approved and operating sex services premises.

13. The development that this application seeks approval for warrants the submission of a new development application for the entire building.

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

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

Troy Loveday

Senior Development Assessment Officer

Development Assessment Unit

Attachments:

1 View	Section 79C Report	41 Pages
2 View	Locality Map	1 Page
3 View	Architectural Plans	3 Pages
4	Confidential Internal Residential Floor Plans	2 Pages

Council (Development) 12 September 2011 Item 9.8

MAJOR APPLICATION

ITEM NUMBER 9.8

SUBJECT 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) (Elizabeth Macarthur Ward)

DESCRIPTION Occupation of level 2 of an approved building footprint as a food court containing 3 food/drink tenancies and a seating area.

REFERENCE DA/376/2011 - 7 June 2011

APPLICANT/S Mr Franz Boensch

OWNERS Mr Franz Boensch

REPORT OF Manager Development Services

DATE OF REPORT 22 August 2011

REASON FOR REFERRAL TO COUNCIL

The application is brought to Council for determination as the application does not provide sufficient off-street car parking, it has not provided sufficient information to allow a proper assessment of its impacts and an associated development application (DA 377/2011) has been recommended for refusal.

EXECUTIVE SUMMARY

The proposed development relates to works and the use of a portion of a 4-storey approved building footprint at 255 Victoria Road, Rydalmere.

The proposal is for the fit out of level 2 of an approved building envelope for the purpose of a 3 refreshment rooms and an associated seating area (food court) for an unspecified number of persons (plans indicate 14 tables with 4 seats per table).

The site is zoned Business and Transport Centre zone under the Sydney Regional Environmental Plan No 28 – Parramatta. The proposed use meets the definition of a refreshment room and is permissible with consent. The use is also permissible under the Draft Parramatta Local Environmental Plan 2011.

The development application is considered to be unsatisfactory as it has failed to include adequate information to allow a proper assessment of the proposal. In this regard, insufficient details have been provided to assess how loading and unloading will be managed from the site and how the development will manage the storage and disposal of solid and liquid wastes.

As the subject land is flood affected the application is required to comply with Council’s Local Floodplain Risk Management Policy. The relevant requirements of the policy for this application as those related to evacuation and flood awareness. The application has not addressed these matters.

In 1998 Council approved the construction of a 4 level building involving a car repair workshop, reception area, a car parking level and 2 residential dwellings (caretaker flats) to be used in association with the main use of the site. Very limited physical commencement of the development has begun with only concrete footings constructed in 2003. The proposal involves reconfiguration of the Victoria Road level of the building (level 2) and deletion of the customer reception area for the adjacent car repair workshop and car lift.

The quality of the development application, including the architectural plans and documentation is inadequate to enable a proper assessment of the impacts of development to be undertaken. The site has a number of constraints, including flooding, limited vehicle access, a natural watercourse on the eastern boundary and possible land contamination. The development application has not provided a level of information required that would allow Council to properly consider the suitability of the site for this proposal.

The development application was notified with adjoining owners and occupiers of surrounding properties given notice of the application between 21 June and 5 July 2011. No submissions were received.

On the basis that the development application has failed to provide sufficient information that would allow a proper assessment of the likely impacts, the application cannot be supported. Accordingly, the development application is recommended for refusal.

RECOMMENDATION

That Development Application 376/2011 for occupation of level 2 of an approved development as food court containing 3 food and drink tenancies and an internal seating area on land at 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) be refused for the following reasons:

1. The proposed development will have unacceptable impacts on the surrounding area as it fails to provide on site car parking to meet the requirements of the development.

2. The proposed development will have unacceptable impacts on the surrounding area as it fails to provide an on site loading/servicing area capable of meeting the requirements of the development.

3. The proposed development is considered to be an overdevelopment of the site.

4. The application has failed to provide sufficient information to enable a proper assessment of the proposal, in particular how the development will manage the storage and disposal of solid and liquid wastes.

5. The application has failed to provide sufficient information to enable a proper assessment to be made against the requirements of Council’s Local Floodplain Risk Management Policy, particularly evacuation and flood awareness issues.

6. The development that this application seeks approval for warrants the submission of a new development application for the entire building.

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

Troy Loveday

Senior Development Assessment Officer

Development Assessment Services

Attachments:

1 View	Section 79C Report	25 Pages
2 View	Locality Plan	1 Page
3 View	Architectural Plans	3 Pages
4	Confidential internal floor plans	4 Pages

Council (Development) 12 September 2011 Item 9.9

MAJOR APPLICATION

ITEM NUMBER 9.9

SUBJECT 27 Hart Drive Constitution Hill (LOT 6 DP 12452) (Arthur Phillip Ward)

DESCRIPTION Demolition, tree removal and construction of a 2 storey residential flat building containing six units under the provisions of SEPP affordable Rental Housing SEPP 2009) with Strata Subdivision.

REFERENCE DA/78/2011 - Lodged 21 February 2011

APPLICANT/S Mr Hilendra Jagdale

OWNERS Mr Hilendra Jagdale and Mrs Jyoti Jagdale

REPORT OF Manager Development Services

DATE OF REPORT 23 August 2011

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as the proposal relates to a development made under the Affordable Rental Housing SEPP.

EXECUTIVE SUMMARY

The application seeks approval for the demolition, removal of trees and construction of a two storey residential flat building containing six dwellings under the provisions of the Affordable Rental Housing SEPP. Three parking spaces are provided at ground level at the northern end of the site.

The proposal has been submitted to Council as in-fill housing under SEPP (Affordable Rental Housing) 2009. At the time of lodgement the provisions of the 2009 SEPP permitted residential flat buildings on a site irrespective of the zoning. However, amendments made to the SEPP on 20 May 2011 (SEPP Affordable Rental Housing Amendment 2011) now prohibit the proposed infill development in the low density zone. Savings and Transitional Provisions included in the Amended SEPP give discretion to consent authorities to apply either the former or current permissibility standards/controls in the assessment of the application. It is the recommendation of this report that the amended permissibility clauses of the SEPP not be applied in this particular case as the proposed development compliments the existing character and built form within the immediate locality and satisfies the Character Test required in Clause 16 of the SEPP.

The subject application is subject to a savings clause under the SEPP that requires Council to consider compatibility with the surrounding local area. This process has found the development to be compatible with the surrounding local area for a number of reasons.

The Constitution Hill area, although currently zoned Residential 2A was previously zoned Residential 2B when PLEP 2001 was first gazetted. As a result there is a mix of dwelling types ranging from single dwellings to multi-unit and townhouses.

The proposed residential flat building is two storeys and has a FSR of 0.54:1. In terms of bulk and scale it is smaller than the existing two storey town house developments in Mahony Road and is not inconsistent with the bulk and scale of dwelling types encouraged in this locality being attached dual occupancies and dwelling houses.

As the site is located on a corner the proposed development benefits from having a reduced impact to adjoining properties in terms of overlooking by having upper living areas and balconies oriented to both street frontages.

There is no overshadowing impact to adjoining properties due to the orientation of the site which means the shadows fall predominantly to the front of the site and over Mahony Road.

The proposed development has a non-compliance with the side setback requirement of 4.5m on the north-eastern side boundary (proposed 4m). The proposed front setback of 5m is also less than the prevailing building line to Hart Drive which is approximately 7.5m.

These non-compliances are considered to be reasonable given that the proposed building is only two storey and that there is adequate room for landscaping and private and communal open space in the front and side setback areas. A high 1.8m brick fence will screen the ground floor and open space areas of the proposed development from Hart Drive.

The proposed development complies with the provisions of the SEPP (Affordable Rental Housing) 2009. It is considered that the proposed development passes the character test for the defined section of Constitution Hill.

Five submissions have been received as a result of neighbour notification. Four submissions oppose the development proposal on the grounds of traffic and parking issues and bulk and scale of the proposal. One submission is in support of the application. Council’s transport engineer supports the application on traffic and parking grounds and it is considered that the bulk and scale of the proposed development is similar to surrounding 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

(a) That Council as the consent authority grant development consent to Development Application No. 73/2011 for demolition, tree removal, construction of a two storey residential flat building with strata subdivision at 27 Hart Drive Constitution Hill 2145 for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained in attachment 1.

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

Jane McMillan

Consultant Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 79C Report	89 Pages
2 View	Locality Plan	1 Page
3 View	Landscape and hydraulic plans	3 Pages
4 View	Housing type plan	1 Page
5	Confidential Floor Plans	2 Pages

REFERENCE MATERIAL

Council (Development) 12 September 2011 Item 9.10

MAJOR APPLICATION

ITEM NUMBER 9.10

SUBJECT 24 Ferndell Street, South Granville
(Lots 29 & 30 DP 14788 & Lot 202 DP 816219)(Woodville Ward)

DESCRIPTION Section 96(1a) application to modify Development Consent No. DA/720/2010 (a bus depot). The modification seeks amendments to allow operations to occur 24 hours a day and approval for a front fence.

REFERENCE DA/720/2010/A - 10 June 2011

APPLICANT/S S Baldini

OWNERS Mrs A L Baldini

REPORT OF Manager Development Services

DATE OF REPORT 25 August 2011

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

Consent was granted on 13 April 2011 for the construction of a bus depot comprising a 2 storey building containing a mechanical workshop and office space, carpark for 107 cars, bus parking area for 100 buses and 3 refuelling bays. Condition 91 of that consent restricts the hours of operation of particular activities within the bus depot. The consent also required separate approval for the construction of a front fence.

A Section 96 application has been submitted seeking the following modifications:

1. Extend the hours of operation

The modification of Condition 91 seeks to allow additional activities to occur in the late evenings and early mornings for 24 hour operations. The modified condition will still maintain restricted hours for certain activities to occur. The modification allows for the operation of night ride services, metro services, scheduled rail replacement services, emergency maintenance and a yardman on site 24 hours a day.

2. Construction of a front fence

Modification of Condition 95 to incorporate the approval of a front fence along Ferndell Street.

Two submissions and 1 petition with 30 signatories (total of 18 households) were received in respect of this application. The issues raised within these submissions relate to potential noise impacts, impacts of pollution, devaluation of property and views of the bus depot. 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.

An acoustic report was submitted to assess the cumulative impact of the potential noise impacts from the depot. The acoustic report finds that the operation of the premises will be within the acceptable noise criteria when considering the nearby residential properties. The noise report also states that the company will adopt protocols to minimise the potential for creating adverse noise impact at nearby residential receivers and for handling complaints should they arise. This protocol is intended to ensure that the issues are addressed and that appropriate corrective action is identified and implemented as necessary. The applicant has submitted a concept noise management plan outlining details of the various potential noise aspects and noise control measures to be implemented (for example, use of rattle guns and bus engine running noise).

Based upon the information provided, it is considered unlikely that the proposed use will adversely impact upon the amenity of the neighbouring residential properties. Additional conditions have been imposed requiring the submission of a comprehensive Operational Management Plan before the commencement of the bus depot use. Notwithstanding this, it is considered that a 2 year trial period for the extended hours be granted to enable monitoring and continued assessment of the operations on the site.

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

RECOMMENDATION

(a) That Council as the consent authority, modify development consent DA/720/2010 in the following manner:

Condition 1 being modified to read as follows:

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

Drawing N⁰

Dated

Job No. 1301-10 Sheet A01 – Issue C

Job No. 1301-10 Sheet A02 – Issue D

Job No. 1301-10 Sheet A03 – Issue C

Job No. 1301-10 Sheet A05 – Issue B

11/8/2010

20/12/2010

11/8/2010

20/12/2010

1. “Plan showing Driveway and drainage Layout”, Drawing #59183-ST2-DR1(Lower Car park Area), Revision “A”

2. Drawing # 59183-ST2-DR2, (Upper Levels), Revision “A” & ST2 DR3 (Upper Levels), prepared by Lean Lackenby & Hayward (Sheet # 1, 2, & 3 of 9).

3. “WSUD Strategy – Concept Only” Drawing reference #59183ST2 WSUD, Revision “A”, prepared by Lean Lackenby & Hayward (Sheet 4 of 9).

4. “Long Section of Entry And Exit Ramps” Drawing reference #59183 Ramp LS, prepared by Lean Lackenby & Hayward (Sheet #5 of 9).

5. “Drainage Long Sections” Drawing reference #’s 59183-DLS1 & -DLS2, prepared by Lean Lackenby & Hayward (Sheet # 6 &7 of 9).

6. “Hydrology & Hydraulic Tables” Drawing reference #’s 59183-HYD1 St2 & -HYD2, prepared by Lean Lackenby & Hayward (Sheet # 8 &9 of 9).

7. “On-site Detention Design Calculation Sheet”

12/02/2011

Aug 2010

12/02/2011

Aug 2010

Sept 2010

Document(s)	Dated
Acoustic Report (Report Number 5661-R1) prepared by SLR Global Environmental Solutions	9 August 2011
Statement of Environmental Effects	Sept2010
Traffic & Parking Impact Assessment	August 2010
Tree Assessment Report prepared by Joy Hafey Environmental Consultant	July 2010
Waste Management Plan	31 Aug 2010

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

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

Condition 90A being added to read as follows:

90A. A comprehensive Operational Management Plan (or noise management plan) be submitted to the satisfaction of Council before the issue of an Occupation Certificate. The Operational Management Plan is to incorporate the protocols contained in Section 7 of the Acoustic Report (Report Number 5661-R1) dated 9 August 2011 prepared by SLR Global Environmental Solutions and the environmental aspects and controls contained within the letter from Veolia Transport dated 15 August 2011.

The premises shall operate in accordance with the approved Operational Management Plan at all times.

Reason: To ensure appropriate noise mitigation measures are incorporated within the operation of the premises.

Condition 91 being modified to read as follows:

91. (a) The days and hours of operation are restricted to the following table.

Activity	Times	Days of week
Bus services	5am to 11:30pm (drivers arrive 4.45am & depart by 11:45pm)	Weekdays
	6am to 10:30pm (drivers arrive 5.45am & depart by 10:45pm)	Saturdays
	7am to 9:30pm (drivers arrive 6.45am & depart by 9:45pm)	Sundays
Yardmen	4am to midnight	7 days
Workshop	7am to 6pm	Weekdays
Emergency maintenance	4am to 9:30pm	7 days
Office staff	7am to 7pm	7 days

(b) For a period of not more than 2 years from the date of the issue of the Occupation Certificate, the hours of operation being restricted to the following table.

Activity	Times	Days of week
Standard bus services	5am to 11:30pm (drivers arrive 4.45am & depart by 11:45pm)	Weekdays
	6am to 10:30pm (drivers arrive 5.45am & depart by 10:45pm)	Saturdays
	7am to 9:30pm (drivers arrive 6.45am & depart by 9:45pm)	Sundays
Night Ride Services	11pm to 5am	7 days
Metro Services	5am to 11pm	7 days
Railcorp (Dept of Transport) scheduled rail replacement services	24 hours	7 days
Yardmen	24 hours	7 days
Workshop	7am to 6pm	Weekdays
Emergency maintenance	24 hours	7 days
Office staff	7am to 7pm	7 days

(c) A continuation of the extended hours of operation referred to in point (b) above will require Council’s approval under the Environmental Planning & Assessment Act by way of a further Section 96 application.

Reason: To ensure that the extended hours of operation are reviewed and assessed in light of their performance and to ensure that the use does not interfere with the amenity of the area.

Condition 95 being modified to read as follows:

95. The proposed front fencing and gates are to be constructed in accordance with the plans and elevations – Project No. P3073 Job No. 1652-10 Issue A prepared by Algorry Zappia & Associates dated 1 June 2011.

Reason: To confirm the details of the approved fencing.

Condition 99 being modified to read as follows:

99. The proponent shall comply with the recommendations contained within the Acoustic Report (Report Number 5661-R1) prepared by SLR Global Environmental Solutions dated 9 August 2011.

Reason: To protect the amenity of the surrounding neighbourhood.

(b) Further, that the persons who lodged an objection be advised of Council’s determination.

Kate Lafferty

Senior Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 96 Assessment Report	17 Pages
2 View	Locality Map	1 Page
3 View	Plans & Elevations (Fence)	1 Page
4 View	Letter from Veolia dated 15 August 2011	4 Pages
5 View	Original Section 79C Assessment Report	49 Pages
6 View	Original Stamped Plans & Elevations	9 Pages

Council (Development) 12 September 2011 Item 9.11

MAJOR APPLICATION

ITEM NUMBER 9.11

SUBJECT 67 Abeckett Street, GRANVILLE NSW 2142
Lot 60 DP 632569 (Elizabeth Macarthur Ward)

DESCRIPTION Section 82A review of determination to seek approval for demolition, tree removal and construction of a 2 storey dual occupancy development.

REFERENCE DA/514/2010 - S82A submitted 14 March 2011

APPLICANT/S Mr M Sarwar

OWNERS Mr M Sarwar

REPORT OF Manager Development Services

DATE OF REPORT

19^th August 2011

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as it is an application made 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, tree removal and construction of a 2 storey dual occupancy development.

The original development application was refused under delegated authority by the Group Manager, Outcomes and Development on 3^rd December 2010 for the following reasons:

1. Insufficient information has been submitted with the development application in order to carry out a proper assessment of the management of stormwater associated with the development as required by Part 4.1.4 Water Management of PDCP 2005. In this regard, a sufficient stormwater management plan detailing stormwater management and the design of the On-site Detention system has not been submitted with the development application.

2. The proposal fails to comply with the objectives of the 2A Residential Zone in particular the objective that states, (a) to enhance the amenity and characteristics of the established residential area. The proposed development is inconsistent with the aims and objectives of the 2A zoning applying to the land as the proposed works will not enhance the amenity and characteristics of the established residential area, given that the proposed stormwater management is unsatisfactory. This will have an adverse impact on the amenity of the surrounding residential area.

3. The development application fails to comply with Council’s Policy for the Handling of Unclear insufficient and amended development applications. In this regard, an insufficient stormwater management plan, and incorrectly labelled elevation plans have been submitted with the development application.

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

The request for a review has been made within 12 months of the determination of the application, however determination is now required as the 12 month review period will expire on 1 December 2011.

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

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

Modified Stormwater

An amended Stormwater Drainage Plan was submitted to Council with aboveground OSD pits for each unit located to the rear of the subject site, draining to the street.

Accurate Elevation Plans

Amended elevation plans were submitted accurately depicting the natural ground level.

As the rear yard of the subject site is reserved for future road widening (M4 expansion) the application was referred to the RTA for comment. The RTA does not object to the development, however, they do not support any construction works occurring within the land reserved for road widening. The applicant proposes the construction of a OSD basin at the rear of the site in the part subject to road widening.

Due to the requirements of the RTA and the close proximity of A’Becketts Creek under the elevated M4 motorway, it is considered unreasonable and unnecessary to require an OSD stormwater system to be provided within the rear yard. It is recommended that the stormwater drain to the street and no onsite detention be provided.

It is recommended that these plans be provided prior to operative consent being issued

The amended plans and changed stormwater disposal address the previous reasons for refusal.

No submissions were received following notification of the Section 82A Review.

Given that the stormwater issues that resulted in the refusal of the previous application have been satisfactorily resolved, for the reasons outlined in this report and Attachment 1, it is recommended that Council change tits previous decision and conditionally approve the application.

RECOMMENDATION

(a) That Council change its previous determination of DA/514/2010 and grant a deferred commencement consent to Development Application DA/514/2010 for demolition, tree removal and construction of a 2 storey dual occupancy development on land at 67 Abeckett Street, GRANVILLE NSW 2142 for the reasons contained in Attachment 1 of this report.

David Little

Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 82A Review and 79C Report	48 Pages
2 View	Locality Plan	1 Page
3 View	Section 82A Review Plans	6 Pages
4 View	Original Refusal Determination Notice	2 Pages
5 View	Original Section 79C Report	38 Pages
6	Section 82A Review Confidential Internal Resident Plans	2 Pages

REFERENCE MATERIAL

Council (Development) 12 September 2011 Item 9.12

MAJOR APPLICATION

ITEM NUMBER 9.12

SUBJECT 58 O'Connell Street Parramatta
Lot 1 DP 900803( Arthur Phillip Ward)

DESCRIPTION Strata subdivision of an existing residential flat building containing 10 units.

REFERENCE DA/174/2011 -

APPLICANT/S Classy Business Pty Ltd

OWNERS Classy Business Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT 22 August 2011

REASON FOR REFERRAL TO COUNCIL

The proposal is being referred to Council as a policy position is required due to a condition of consent recommending the applicant to make a contribution of $95,760 for the loss of affordable housing arising from the Strata subdivision of the Residential Flat Building in accordance with Clause 50 Affordable Rental Housing SEPP. This is the first application where this provision is relevant.

EXECUTIVE SUMMARY

The proposal is for the strata subdivision of an existing residential flat building at 58 O’Connell Street containing 10 units and 10 car parking spaces. The applicant has established ‘existing use rights” under the EP & A Act for the residential flat building and the strata subdivision is permitted.

Clause 50 of the Affordable Rental Housing SEPP requires that an assessment be carried out on the likely loss of affordable housing prior to consent being granted to the subdivision of an older residential flat building. The assessment has been carried out using the web tool methodology available on the Department of Planning’s website.

This assessment has shown that there would be a loss of 6 bedrooms (being existing affordable housing) arising from the proposed subdivision resulting in a medium impact on affordable housing availability in the North Parramatta locality.

On the basis of the assessment a monetary contribution has been calculated using the web tool from the Department of Planning, which amounts to $95,760. This amount is required to be paid to the Chief Executive, Housing NSW, Department of Human Services as per the Guidelines for Retention of Existing Affordable Rental Housing issued by Department of Planning in October 2009. Council’s Social Outcomes Team support the imposition of the condition to require a financial contribution to be made for the loss of affordable housing arising from the strata subdivision.

Accordingly the application is recommended for approval subject to the conditions of consent appended to the Section 79 C report, including the condition requiring the payment of $95,760 to Housing NSW.

RECOMMENDATION

That the Council as the consent authority APPROVE Development application no. 174/2011 for the Strata subdivision of an existing Residential Flat Building containing 10 units , including the contribution of $96,750 under Affordable Rental Housing SEPP as per the Section 79 C report attached.

Sasi Kumar

Senior Development Assessment Officer

Attachments:

1 View	Section 79 C report	30 Pages
2 View	Locational Plan	1 Page
3 View	Architectural plans	4 Pages
4 View	Strata plans	4 Pages
5	Confidential Architectural Plans	4 Pages

Council (Development) 12 September 2011 Item 11.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 11.2

SUBJECT Proposed listing of Lake Parramatta Dam Wall and St Patrick’s Roman Catholic Cemetery on NSW State Heritage Register

REFERENCE F2011/00862 - D02084403

REPORT OF Heritage Advisor

PURPOSE:

To seek Council’s endorsement to the proposed listing of Lake Parramatta Dam Wall and St Patrick’s Roman Catholic Cemetery on the NSW State Heritage Register.

RECOMMENDATION

THAT Parramatta City Council support the Heritage Council’s proposal to list Lake Parramatta Dam Wall and St Patrick’s Roman Catholic Cemetery on the NSW State Heritage Register.

BACKGROUND

Parramatta City Council has received written notification from the NSW Office of Environment & Heritage of two nominations that have been put forward to list Lake Parramatta Dam Wall and St Patrick’s Roman Catholic Cemetery on the NSW State Heritage Register. Both of these properties are located within the Parramatta Local Government Area.

Parramatta City Council is the landowner of the St Patrick’s Roman Catholic Cemetery site. The Lake Parramatta Dam is owned by the Land and Property Management Authority but is under the care and control of Parramatta City Council.

Both Lake Parramatta Dam and St Patrick’s Roman Catholic Cemetery are currently listed In Schedule 1 - Heritage Items of State or Regional Significance in Parramatta Heritage LEP 1996 and in draft PLEP 2011.

REPORT

Lake Parramatta Dam

The Heritage Council’s State Heritage Committee considered a nomination from the Engineering Heritage Committee of Engineers Australia to list Lake Parramatta Dam Wall on the NSW State Heritage Register in late 2010. The Heritage Committee considered the Dam was of State Significance but has sought the views of Parramatta City Council on the proposed listing before progressing the nomination further. The Land and Property Management Authority support the proposed listing of Lake Parramatta Dam Wall and the proposed State Heritage Register curtilage of 10 metres around the base of the dam wall.

Lake Parramatta Dam, constructed in 1855-1856 is Australia’s earliest ‘large’ dam (meaning over 15 metres high) and the 11^th oldest dam of this type in the world. It is the oldest arched masonry dam in Australia and a number of its structural details and associations with important engineers (who designed and built it) make it rare in State and National terms. Lake Parramatta Dam has been classified by the National Trust, demonstrating the high regard and esteem in which the structure is held by heritage professionals.

St Patrick’s Roman Catholic Cemetery (cnr Church Street and Pennant Hills Road)

The Heritage Council’s State Heritage Committee will be considering a nomination to list St Patrick’s Roman Catholic Cemetery on the NSW State Heritage Register. The nomination is being considered under the Heritage Council’s Priority Places program. St Patrick’s Cemetery also has associations with the priority Convicts theme of the Heritage Council’s current Thematic Listings Program.

A listing on the State Heritage Register will provide recognition of one of Australia’s most significant burial grounds. Dating from the 1820’s, St Patrick’s is the earliest formalised Catholic cemetery in Australia. It demonstrates early recognition of the independence of Catholics in the Protestant-dominated colonial society, together with important phases in the origins, nature and development of the Catholic community in Australia. The cemetery’s 1844 Gothic-revival mortuary chapel is the oldest such chapel in Australia and an important early example of Australian religious architecture that is still used by the Capuchin community. Recent research also indicates that at least 50 convicts, including Irish patriots, are buried at the cemetery.

The Heritage Branch has also been in discussion with the Roads and Traffic Authority (RTA) regarding the inclusion in the proposed curtilage of the road reserves bordering the cemetery on Church Street and Pennant Hills Road, while allowing the road widening to proceed. It is considered that inclusion of these road reserves would better reflect the historic boundaries of the cemetery.

Implications of Proposed State Heritage Register listings

An analysis of the benefits and costs associated with the proposed State Heritage Register listings of Lake Parramatta Dam Wall and St Patrick’s Roman Catholic Cemetery has been undertaken and are identified below:

1. Advantages

Listing on the State Heritage Register may provide opportunities to promote Council to potential and current visitors through long term promotion of the items by National Trust, Heritage Council, Engineers Australia and other organisations with interest in heritage and conservation. In the short term, the NSW Heritage Council would likely organise a formal listing ceremony with the announcement made by the Minister in the presence of the media and invitees from the heritage professional organisations. Listing in the State Heritage Register may also allow Council to access funds for maintenance and repair of the items, which are frequently offered by the NSW Heritage Council.

2. Neutral

Given the nature of these assets, no major development is likely to occur and the impact on development potential is not an issue. It is deemed that the current regular maintenance regime is exceeding requirements under the NSW Heritage Council’s maintenance standards. Any further works or activities anticipated in the foreseeable future can be made exempt from seeking permit under the Heritage Act, by way of proposing item-specific exemptions. These would be prepared by Council’s asset managers prior to the actual listing.

Council’s Manager of Strategic Asset Management has been consulted on the proposed listings and raises no issues from a Strategic Asset Management view of the listing of Lake Parramatta Dam Wall and St Patrick’s Roman Catholic Cemetery on the State Heritage Register.

3. Disadvantages

In the medium to longer run, if Lake Parramatta Dam Wall and St Patrick’s Roman Catholic Cemetery are listed in the State Heritage Register, a Conservation Management Plan (CMP) will need to be prepared for each item. It is fair to say that the cost will largely have to be beared by the Council, albeit it is possible that NSW Heritage Council may contribute up to 50% of the total costs towards its completion. Nonetheless, CMP’s can be prepared in house by Council staff with suitable expertise and experience.

If places are listed on the State Heritage Register, day to day activities do not require approval under the Heritage Act 1977 if they fall within the identified Standard Exemptions of the Act. In addition, the Heritage Branch frequently works with owners to develop site specific exemptions for activities which are part of the day to day running of the place so that approvals from the Heritage Council under the Heritage Act are not required.

Advice has been provided that the Heritage Branch is happy to work with Parramatta Council and the RTA to enable the development of such exemptions for the St Patrick’s Cemetery State heritage Register listing.

CONCLUSION

On balance, there are enormous benefits to the listing of Lake Parramatta Dam Wall and St Patrick’s Roman Catholic Cemetery on the NSW State Heritage Register. These benefits far exceed any of the disadvantages stated.

Accordingly, it is recommended that Parramatta City Council support the Heritage Council’s proposal to list Lake Parramatta Dam Wall and St Patrick’s Roman Catholic Cemetery on the NSW State Heritage Register.

Zoran Popovic

Heritage Advisor

Attachments:

1 View	Office of Environment & Heritage - St Patrick's Roman Catholic Cemetery, North Parramatta	24 Pages
2 View	Lake Parramatta Dam Wall Nomination to the State Heritage Register	17 Pages

REFERENCE MATERIAL

Council (Development) 12 September 2011 Item 11.3

ECONOMY AND DEVELOPMENT

ITEM NUMBER 11.3

SUBJECT Former Channel 7 Studios, 61 Mobbs Lane, Epping
(Lot 1 DP 129023, Lot 2 DP 129023, Lot 1 DP 570891, Lot 2 DP 732070) (Lachlan Macquarie Ward)

DESCRIPTION Project application for the construction of Building 6, 9, 10 and 17 (Stage 2 Residential Development)

REFERENCE NCA/5/2011 - Submitted 10 August 2011

APPLICANT/S Meriton Apartments Pty Limited

OWNERS Karimbla Properties (No 9) Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT

19 August 2011

REASON FOR REFERRAL TO COUNCIL

To seek Council’s endorsement of a submission to the Director General of the Department of Planning on the project application for the construction of Buildings 6, 9, 10 and 17 (Stage 2 Residential).

The application is made under Schedule 3 of State Environmental Planning Policy (Major Development) 2005. Under Part 3A of the Environmental Planning and Assessment Act 1979, the proposal is declared as a Major Project and the Minister for Planning is the Consent Authority for the above project.

RECOMMENDATION

That Council endorse the submission made by Council staff provided under separate cover.

BACKGROUND

On 22 August 2006, the Minister approved a Concept Plan (MP 05_0086) for residential development, landscaped open space and associated facilities, which permits the following development on the site:

• a maximum of 650 dwellings

• a maximum of 80,000m2 gross floor area (GFA) equivalent to a maximum floor space ratio (FSR) of 0.89: 1

• a maximum of 96,000m2 total envelope area

• a maximum of 73 dwellings per hectare on land

• a maximum height of 6 storeys

• the provision of a minimum of 5% one (1) bedroom dwellings

• the provision of a maximum of 15% three (3) bedroom + study dwellings

• landscaped public open space (no less than 3.1 hectares) and private open space

• associated services and infrastructure

• land use distribution, building heights, densities, dwelling mixes and types

• strata and Torrens title subdivision.

Buildings 4 & 5 - Stage 1 Residential (MP08_0257) were approved by the Minister on 15 September 2009. These buildings contained a total of 134 dwellings. It is noted that Buildings 3 and 7 were deleted during the assessment process prior to determination of the application.

Buildings 1, 2, and 3 (MP10_0107) were approved by the Minister on the 17 January 2011 for the construction of 28 townhouses.

An amendment to the Concept Plan was approved by the Minister on 21 February 2011. These amendments included the following:

Ø Increase the number of dwellings from 650 to 800 and amend the dwelling mix;

Ø Delete total envelope area and 73 dwellings per hectare requirements;

Ø Replace the definition of Gross Floor Area;

Ø Inclusion of a 120m2 neighbourhood shop;

Ø Increase the number of car parking spaces on the site; and

Ø Increase the total common open space on site by an additional 4,265m²

Buildings 7 and 8 (MP10_0158) were approved by the Minister on 12 July 2011 for the construction of 130 dwellings.

THE PROPOSAL

The Department of Planning notified Council via letter dated 9 August 2011, that Meriton Apartments Pty Ltd have submitted a Major Project Application for the construction of Stage 2 Residential (Buildings, 6, 9, 10 & 17) comprising a total of 221 dwellings.

The proposal specifically involves the following:

Ø Building 6 74 x 2 bedroom dwellings and 2 x 3 bedroom dwellings (total of 76 dwellings) with 114 car parking spaces. The building has a floor space of 7258m² and a height of 5 and 6 storeys

Ø Building 9 6 x 1 bedroom dwellings, 62 x 2 bedroom dwellings (total of 68 dwellings) with 99 car parking spaces. The building has a floor space of 6648m² and a height of 3, 4 and 6 storeys

Ø Building 10 7 x 1 bedroom dwellings, 35 x 2 bedroom dwellings (total of 42 dwellings) with 61 car parking spaces. The building has a floor space of 3873m² and a height of 6 storeys

Ø Building 17 1 x 1 bedroom dwelling, 32 x 2 bedroom dwellings and 2 x 3 bedroom dwellings (total of 35 dwellings) with 52 car parking spaces. The building has a floor space of 3468m² and a height of 3 and 4 storeys

Ø Restoration and upgrading of the existing tennis court.

Ø The construction of a retail shop adjacent to the tennis court.

The Lord Mayor and Councillors were notified of the proposal on 16 August 2011 by the Service Manager, Development Assessment Services.

The Department of Planning is exhibiting the application between 10 August 2011 and 9 September 2011.

A review of the application is currently being undertaken by staff and further comments and draft submission will be provided under separate cover prior to the Council meeting.

Kate Lafferty

Senior Development Assessment Officer

Attachments:

1 View	Building 6 - Plans & Elevations	6 Pages
2 View	Building 9 - Plans & Elevations	6 Pages
3 View	Building 10 - Plans & Elevations	6 Pages
4 View	Building 17 - Plans & Elevations	6 Pages
5 View	Shop - Plans & Elevations	4 Pages
6	Building 6 - Confidential Plans & Elevations	6 Pages
7	Building 9 - Confidential Plans & Elevations	6 Pages
8	Building 10 - Confidential Plans & Elevations	9 Pages
9	Building 17 - Confidential Plans & Elevations	7 Pages