Agenda of Council (Development)

COUNCIL CHAMBERS

The Lord Mayor Clr Lorraine Wearne -

Lachlan Macquarie 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 John Chedid – Elizabeth Macarthur 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, Deputy Lord Mayor – Lachlan Macquarie Ward
Clr Prabir Maitra – Arthur Phillip Ward			Clr Andrew Bide – Caroline Chisholm Ward
Clr Julia Finn – Arthur Phillip Ward	Clr Michael McDermott - Elizabeth Macarthur Ward	Clr Antoine (Tony) Issa, OAM MP – Woodville Ward	Clr Chiang Lim– Arthur Phillip Ward

Staff

GALLERY

Council (Development) 10 October 2011

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council - 26 September 2011, Special Council – 28 September 2011

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 Petitions

7 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

8 Reports - Domestic Applications

8.1 138 Bettington Road, Oatlands
(Lot 6 DP 222657) (Elizabeth Macarthur Ward)

9 Reports - Major Applications

9.1 81 Buller Street, North Parramatta (Lot B DP 311543) (Elizabeth Macarthur Ward)

9.2 6-10 Charles Street, Parramatta
(Lot 1 DP 962151, Lot 3 DP 306066, Lot 4 DP 306066) (Arthur Phillip Ward)

9.3 58 O'Connell Street Parramatta
Lot 1 DP 900803( Arthur Phillip Ward)

9.4 1 Grose Street Parramatta
(Lot 1 DP1117917 ) ( Arthur Phillip Ward)

10 Economy and Development

10.1 Variations to Standards under SEPP 1

10.2 Toongabbie Government Farm Archaeological Site: State Heritage Register nomination

11 NOTICE OF MOTION

11.1 Dog leash Free Areas ............................................................................................ 29

12 Closed Session

12.1 Legal Matters Monthly Report to Council

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

13 DECISIONS FROM CLOSED SESSION

14 QUESTION TIME

Council (Development) 10 October 2011 Item 8.1

DOMESTIC APPLICATION

ITEM NUMBER 8.1

SUBJECT 138 Bettington Road, Oatlands
(Lot 6 DP 222657) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition, tree removal and construction of a 2 storey dwelling house with in-ground swimming pool

REFERENCE DA/354/2011 - Submitted 26 May 2011

APPLICANT/S Balmoral Homes

OWNERS Mr J Jakovcevic & Mrs K Jakovcevic

REPORT OF Manager Development Services

DATE OF REPORT - 19 September 2011

REASON FOR REFERRAL TO COUNCIL

The application is being referred to Council for determination as Councillor Lim and Councillor Esber have requested that the application be referred to Council for determination.

EXECUTIVE SUMMARY

The application seeks approval for demolition, tree removal and construction of a 2 storey dwelling house with in-ground swimming pool.

The proposed development includes a four car garage, five bedrooms, kitchen, family/ dining room, living room, service rooms, an outdoor paved and covered entertaining area with built in bbq and a rear first floor balcony. A 60,000L in-ground swimming pool is proposed in the rear yard.

The application was notified in accordance with Council’s Notification Policy for a fourteen day period between 3 June and 17 June 2011 and four submissions were received (three submissions were from the same objector). Concern was raised by the objectors over the impact of the proposed development on sunlight access, visual and acoustic privacy, the location of the pool, potential use of the dwelling for business purposes, boundary fencing, impact on existing vegetation, setbacks, landscaping, over development of the site and that the proposed development is out of character with the streetscape.

Amended plans were received from the applicant and re-notified for an additional fourteen day period between 22 August and 5 September 2011 and two (2) submissions were received from the same objector. The concerns raised in submissions have been addressed in the attached s79C report.

As amended, the proposed development is consistent with the objectives of Parramatta LEP 2001 and Parramatta DCP 2005. The dwelling has a satisfactory design, bulk and scale. There is sufficient landscaping provided and the proposal is appropriately sited without unduly impacting the streetscape or amenity of adjoining properties in terms of visual and acoustic privacy and provides 3 hours of sunlight to adjoining dwellings.

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

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. DA/354/2011 for the demolition, tree removal, construction of a 2 storey dwelling house and in-ground swimming pool at 138 Bettington Road, OATLANDS NSW 2117 for a period of five (5) years from the date on the Notice of Determination subject to the conditions in the attached s79c report.

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

Emily Dickson

Development Assessment Officer

Attachments:

1 View	Section 79C Report	56 Pages
2 View	Locality Map	1 Page
3 View	Plans	14 Pages
4	Confidential Floor Plans	7 Pages

Council (Development) 10 October 2011 Item 9.1

MAJOR APPLICATION

ITEM NUMBER 9.1

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

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

REFERENCE DA/314/2011 - 16 May 2011

APPLICANT/S D & C Consortium Pty Limited

OWNERS K Tharumalingam & J Kanapathipillai

REPORT OF Manager Development Services

DATE OF REPORT 26 September 2011

REASON FOR REFERRAL TO COUNCIL

This application was deferred at the Council meeting held on 8 August 2011 and is referred back to Council for determination.

EXECUTIVE SUMMARY

Approval is sought for demolition of the existing dwelling and construction of a multi unit housing development comprising 4 two–storey dwellings with attic rooms within the roof space above a basement carpark with 6 car spaces. The proposed development satisfies the definition of “multi unit housing”’ under Parramatta LEP 2001 and is permitted with development consent under the current 2B Residential zoning applying to the land. The site will be zoned R2 Low Density Residential under the Draft Parramatta LEP 2011 and the proposal would be prohibited.

On 8 August 2011, Council deferred consideration of this application in order to allow the applicant to address a number of design issues that were identified in the Section 79C assessment report. The matters that the applicant was requested to address, included the stormwater design, impact on significant street trees and the roof design. The applicant provided Council with amended plans that satisfactorily address each of these concerns. The design is now compliant with Council’s design guidelines for multi unit housing.

Notwithstanding the resolution of the design issues, the proposal will be prohibited development under the Draft Parramatta LEP 2011. The new local environmental plan is imminent and certain and has been given determinative weight in the assessment of this development application. Having regard for the future zoning and the objectives of the R2 zone that will apply to this land, the proposed medium density development is considered to be incompatible with the future desired character of the location. Accordingly, the development application is recommended for refusal.

RECOMMENDATION

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

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

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

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

Troy Loveday

Senior Development Assessment Officer

Attachments:

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

REFERENCE MATERIAL

Council (Development) 10 October 2011 Item 9.2

MAJOR APPLICATION

ITEM NUMBER 9.2

SUBJECT 6-10 Charles Street, Parramatta
(Lot 1 DP 962151, Lot 3 DP 306066, Lot 4 DP 306066) (Arthur Phillip Ward)

DESCRIPTION Section 96(2) application to modify Development Consent No. DA/611/2008 (alterations and additions to an approved part 12 / part 6 storey mixed use building). The modifications include redesign of basement levels and additional 2 storeys, increasing residential units from 100 to 110, changes to ground floor layout, modification to landscaping and engineering works and changes to building facade treatment.

REFERENCE DA/611/2008/B - Submitted 13 April 2011

APPLICANT/S Merhis Constructions Pty Ltd

OWNERS Chapel Business Centre Pty Limited

REPORT OF Manager Development Services

DATE OF REPORT 22 SEPTEMBER 2011

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

The application seeks approval for the modification of Development Consent No. DA/611/2008 (alterations and additions to an approved part 12 / part 6 storey mixed use building). The modifications include the redesign of the basement levels and additional 2 storeys, increasing residential units from 100 to 110, changes to the ground floor layout, modification to landscaping and engineering works and changes to building facade treatment.

The proposed development is permissible with consent under the City Centre LEP 2007. The main aspect of the application involves the addition of 2 storeys containing 10 dwellings. The proposed height complies with the City Centre LEP 2007, however exceeds the permissible floor space ratio by 842.87m². This represents a total floor space variation of approximately 9% to the development standard contained within Parramatta Local Environmental Plan 2007. The variation is considered acceptable in the circumstances of the case for the following reasons:

· The floor space is contained within the permissible building envelope on the site.

· The increase in floor space does not significantly alter the bulk and scale of the building.

· The proposed building is compatible with the bulk and scale of nearby buildings

· The increase in floor space does not result in any significant impact upon the streetscape, overshadowing or overlooking of neighbouring properties, or loss of views.

· The application was referred to the Design Review Panel who raised no issues with the increased height or floor space ratio of the development.

Two submissions have been received in respect of this application. The issues raised within those submissions relate to overshadowing, air circulation, demolition/waste, loss of trees and impacts on infrastructure. The issues have been discussed in detail within the Section 79C assessment report contained at Attachment 1.

The proposed development is consistent with the objectives contained in the Parramatta Local Environmental Plan 2007 and Parramatta City Centre Development Control Plan 2007. The building has a satisfactory design, bulk and scale. The proposal is appropriately sited without unduly impacting on the streetscape or amenity of adjoining properties in terms of privacy or overshadowing.

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

RECOMMENDATION

(a) That Council as the consent authority modify Development Consent No. DA/611/2008 including the redesign of basement levels and additional 2 storeys, increasing residential units from 100 to 110, changes to ground floor layout, modification to landscaping and engineering works and changes to the building facade treatment on land at 6-10 Charles Street, Parramatta in the manner contained within Attachment 1.

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

Kate Lafferty

Senior Development Assessment Officer

Development Assessment Services

Attachments:

1 View	Section 96 - Section 79C Assessment Report	23 Pages
2 View	Section 96 - Plans & Elevations	22 Pages
3 View	Original Section 79C Assessment Report	31 Pages
4 View	Original Stamped Approved Plans	14 Pages
5 View	Locality Map	1 Page
6	Section 96 - Confidential Plans & Elevations	21 Pages
7	Original Stamped Approved Plans (Confidential)	16 Pages

REFERENCE MATERIAL

Council (Development) 10 October 2011 Item 9.3

MAJOR APPLICATIONS

ITEM NUMBER 9.3

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

This report was deferred from the Council Meeting held on 26 September pending further discussions with the applicant.

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) 10 October 2011 Item 9.4

MAJOR APPLICATION

ITEM NUMBER 9.4

SUBJECT 1 Grose Street Parramatta
(Lot 1 DP1117917 ) ( Arthur Phillip Ward)

DESCRIPTION 1 Grose Street - Consolidation of 3 allotments into a single allotment, relocation of off street parking associated with existing professional suites and construction of a 54 place child care centre.

REFERENCE DA/412/2011 -

APPLICANT/S Zhinar Architects

OWNERS Parramatta Leagues Club

REPORT OF Manager Development Services

DATE OF REPORT 15 september 2011

REASON FOR REFERRAL TO COUNCIL

The matter is referred to Council as development relates to a heritage item.

EXECUTIVE SUMMARY

The application seeks approval for consolidation of 3 allotments into a single allotment, relocation of off street parking associated with existing professional suites and construction of a 54 place child care centre. There are 2 existing buildings located on site which have approval under DA/508/2006 to be used as professional suites and provision of 4 car spaces. It is proposed to relocate these 4 car parking spaces so that they are located in the parking area on the site.

The site is subject to the provisions of Parramatta Local Environmental Plan 2001 and specifically benefits from clause 27 and Schedule 3 of the PLEP2001 allowing for certain additional uses including professional suites . The existing two dwellings to the north of the site are heritage listed and have been previously approved for use as professional suites as detailed in the attached Section 79 C Assessment Report (Attachment 1).

The proposed works are consistent with the underlying objectives of Parramatta Local Environmental Plan 2001, Parramatta LEP 1996 (Heritage & Conservation), Parramatta Development Control Plan 2005 and Parramatta Child Care Centre DCP, and are considered satisfactory with respect to design, bulk and scale, privacy and overshadowing.

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

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. DA/412/2011 for consolidation of 3 allotments into a single allotment, relocation of off street parking associated with existing professional suites and construction of a 54 place child care centre at 1 Grose Street PARRAMATTA for a period of five (5) years from the date on the Notice of Determination is approved subject the conditions in Attachment 1.

Sasi Kumar

Senior Development Assessment Officer

Attachments:

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

Council (Development) 10 October 2011 Item 10.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER 10.1

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D02109065

REPORT OF Manager Development Services

PURPOSE:

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

RECOMMENDATION

That the report be received and noted.

REPORT

In accordance with the reporting requirements prescribed in Planning Circular

PS 08-014 issued by the NSW Department of Planning, there were no development applications determined where there has been a variation in standards under SEPP 1 or similar provisions under the Standard Instrument, during the period September 2011.

Louise Kerr

Manager Development Services

Attachments:

REFERENCE MATERIAL

Council (Development) 10 October 2011 Item 10.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 10.2

SUBJECT Toongabbie Government Farm Archaeological Site: State Heritage Register nomination

REFERENCE F2011/00862 - D02111246

REPORT OF Manager Development Services

PURPOSE:

To seek Council’s endorsement to the proposed listing of Toongabbie Government Farm Archaeological Site on the NSW State Heritage Register.

RECOMMENDATION

That Parramatta City Council support the Heritage Council’s proposal to list Toongabbie Government Farm Archaeological Site on the NSW State Heritage Register.

BACKGROUND

Parramatta City Council has received written notification from the NSW Office of Environment & Heritage of the nomination to list Toongabbie Government Farm Archaeological Site on the NSW State Heritage Register. This property is located within the Parramatta Local Government Area.

Parramatta City Council is the landowner of the property and the property is used as a parkland/public reserve named The Third Settlement, Palestine Park, Oakes Reserve, Settlers Walk, Toongabbie.

Toongabbie Government Farm Archaeological Site is currently listed in Schedule 1 - Heritage Items of State or Regional Significance in Parramatta Heritage LEP 1996 and in draft PLEP 2011.

REPORT

Toongabbie Government Farm Archaeological Site (Goliath Avenue & Oakes Road, Old Toongabbie)

The Heritage Council’s State Heritage Committee will be considering a nomination to list Toongabbie Government Farm Archaeological Site on the NSW State Heritage Register. The nomination is being considered under the priority Convicts theme of the Heritage Council’s 2009-11 Thematic Listings Program.

A listing on the State Heritage Register will provide recognition of the site as the second Government Farm of the colony of New South Wales from 1791-1803, and the earliest expansion of public agriculture and planned convict settlement beyond Parramatta.

Attached to this report is a plan of the 1792 Government Farm overlaid with the current street plan, land parcels and the proposed listing cartilage. The map indicates the location of the potential archaeology of the Government Farm and convict settlement which has informed the cartilage that is proposed for State Heritage Register Listing.

Implications of Proposed State Heritage Register listings

An analysis of the benefits and costs associated with the proposed State Heritage Register listing has been undertaken and are identified below:

1. Advantages

This potential SHR listing may provide opportunities to promote Council through long and short term promotion of the item to visitors. The site may attract some additional cultural tourism currently aiming to visit the Australian convict sites (a group of which was recently added to the World Heritage list managed by the UNESCO).

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 this asset, no major development is likely to occur and the impact on development potential is not an issue. It is assumed that the current regular maintenance regime is not going to be impacted by the requirements for maintenance under the minimum standards for NSW State Heritage Register Items and that Parramatta City Council will have no additional obligations as a result of the State Heritage Listing. 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, preferably prior to the actual listing.

The Strategic Asset and Property Management unit has been consulted on the proposed listings and has no issue with the proposed listing of the Toongabbie Government Farm Archaeological Site on the State Heritage Register.

3. Disadvantages

In the longer term, if Toongabbie Government Farm Archaeological Site is listed on the State Heritage Register Council will need to ensure the maintenance of the site in accordance with the requirements of the Minimum Standards of Maintenance and Repair for SHR items, issued by the NSW Heritage Council. These standards generally require little more than annual inspections, preparation of a Conservation Management Plan (CMP) and repairs on a triennial basis (where applicable). In this case, a CMP will need to be prepared by Parramatta City Council and that cost will largely be borne by Council, however it is also likely that the NSW Heritage Council may contribute up to 50% of the total costs towards its completion. 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.

CONCLUSION

On balance, there are enormous benefits to the listing of Toongabbie Government Farm Archaeological Site 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 Toongabbie Government Farm Archaeological Site on the NSW State Heritage Register.

Zoran Popovic

Heritage Advisor

Attachments:

1 View

Letter from Office of Environment and Heritage

28 Pages

REFERENCE MATERIAL

Council (Development) 10 October 2011 Item 8.1

NOTICE OF MOTION

ITEM NUMBER 11.1

SUBJECT Dog leash Free Areas

REFERENCE F2005/00856 - D02117701

REPORT OF Councillor M D McDermott

To be Moved by Councillor M D McDermott

(a) That staff prepare a report for Council, detailing all instances of Dog Parks (leash free areas) where private companies/ commercial operators have been allocated park space in Dog Parks (leash free areas), to carry out any activities that have the effect of reducing the space available for dogs and dog owners.

(b) Further, that this report should detail all events, representations, meetings (including all meeting attendees, details stated & representations in these meetings and by whom) leading up to any decisions to allocate this space to private companies/operators

BACKGROUND

I recent months I have had a number of complaints from concerned residents about the progressive takeover of Dog Leash free space by private companies. It is claimed by residents that the other activities carried out by such companies within Leash free areas are incompatible with dogs running free off leash.

Attachments:

There are no attachments for this report.