Item 8.15 - Attachment 1

Detailed Report




On 9 February 2009, Council adopted the draft comprehensive Parramatta Local Environmental Plan for the purpose of public exhibition.  Also included was a resolution that Council conduct a review of the implications of the draft LEP on all Council owned land.  The review was reported to Council on 24 August 2009 and 14 September 2009 and Council resolved to proceed with the reclassification and/or rezoning of several Council owned sites.  Previous resolutions had also been made to rezone and/or reclassify three other sites on an individual basis, however, they have all been combined into a single Planning Proposal.


The original Planning Proposal related to twenty-nine (29) Council owned sites that had been identified as being surplus to requirements.  The intention of the planning proposal was to rezone and reclassify various sites and to remove heritage listings from two of the properties.  The original 29 sites are listed as follows:


1.         10 Emma Crescent, Constitution Hill

2.         47 Carson Street, Dundas

3.         7 Ronald Avenue, Dundas

4.         14 King Street, Dundas Valley

5.         7 Wyralla Avenue, Epping

6.         20B Spurway Street, Ermington

7.         64 Fitzgerald Road, Ermington

8.         38 Atkins Road, Ermington

9.         22A Cowells Lane, Ermington

10.       1B-1D, 1F and 1G Memorial Drive, Granville

11.       40 Cowper Street, Granville

12.       44 Brazier Street, Guildford

13.       294 Railway Terrace, 271A and 289 Guildford Road, Guildford

14.       4 and 6 Wharf Road and 661 Victoria Road, Melrose Park

15.       4A Vairys Crescent, Merrylands

16.       118 Oakes Road, Old Toongabbie

17.       1A Morton Street, Parramatta

18.       38 Marion Street, Parramatta

19.       42 Bridge Street, Rydalmere

20.       400A Victoria Road, Rydalmere

21.       12 Brodie Street, Rydalmere

22.       Boundary Street, South Granville

23.       1A Bonar Street and 29 Wylde Street, Telopea

24.       21A Tucks Road, Toongabbie

25.       2 Ancona Avenue, Toongabbie

26.       20 Caithness Crescent, Winston Hills

27.       52 Caroline Chisholm Drive, Winston Hills

28.       401 Old Windsor Road, Winston Hills

29.       2 Ursula Street, Winston Hills


Don Fox Planning were appointed to prepare the documentation for the Planning Proposal.  The Planning Proposal was submitted to the NSW Department of Planning and Infrastructure in June 2010 seeking Gateway Determination.  Council was subsequently notified in July 2010 that the Proposal was able to be publicly exhibited with further revisions to the Gateway determination issued in August and September 2010.  The original Planning Proposal was publicly exhibited from 14 September until 22 October 2010 and a total of 33 submissions were received in response.  Under the Local Government Act, 1993, a public hearing is required to be held in relation to Planning Proposals that involve the reclassification of land.  As such, a public hearing was held on 28 February 2011 and was facilitated by an independent chairperson, Andy Ludvik of Ludvik and Associates Pty. Ltd.  A total of 20 people addressed the public hearing.


Council considered the results of the community consultation at its meeting on 23 May 2011 and resolved as follows:


“(a)     That Council consider this report, its attachments and all submissions in accordance with section 58 of the Environmental Planning & Assessment Act, 1979 and approve the following;

1.   The rezoning and reclassifications of the sites as identified within Attachment 2 under the headings Proposed Zone and PDG Recommendations with the following changes:-

2.       (i)   That 7 Wyralla Avenue, Epping remain as community land in accordance with the recommendation of the Independent Chairperson;                  (ii)  That 22A Cowells Lane, Ermington remain as Community Land.

2  The rezoning to B4 and reclassification to operational of the following RTA owned land subject to the Care Control and Management of Council;

·            Lot 1 and Lot 2 in DP 22104

3    The following heritage items be removed from Schedule 5 of the Draft Parramatta LEP 2011 (once gazetted)

·       40 Cowper Street Granville

·       38 Marion Street Parramatta

(b)     That Council adopt the Planning Proposal as amended in this report and forward it to the Department of Planning for finalisation and gazettal

(c)      Further, that all persons who made submissions be advised of the outcome.”


In summary, Council resolved to proceed with the Planning Proposal, however, with the deletion of the following four sites:


1.         Emma Crescent, Constitution Hill

2.         14 King Street, Dundas Valley

3.         7 Wyralla Avenue, Epping

4.         22A Cowells Lane, Ermington


The Planning Proposal was amended to reflect Council’s adopted changes and forwarded to the NSW Department of Planning and Infrastructure on 13 July 2011, requesting the Department draft the relevant planning instrument and finalise the plan.

A response was subsequently received from the Department requesting Council to re-exhibit a revised Planning Proposal which identifies the sites on an individual basis where interests are to be discharged from the title of the land.  They also requested the exhibition of additional information regarding the development standards that apply to the subject sites under the newly notified Parramatta LEP 2011 so as to provide a baseline comparison with the changes to development standards being sought by the Planning Proposal.  In recognition of the additional time frame required for re-exhibition, the Department has extended the date to finalise the Planning Proposal by 10 months to 14 April 2012.

The re-exhibition was also seen as an opportunity to clarify some details as follows:-

·    The maps relating to site No. 13 (294 Railway Terrace, 271A and 289 Guildford Road, Guildford) incorrectly included a privately owned site (No. 300 Railway Terrace, Guildford).  Reference was not made to this parcel in the Site Reference Table in the Appendix of the Planning Proposal.  Council is currently finalising the acquisition of this site to incorporate it in the redevelopment of site no. 13.  The re-exhibited revised Planning Proposal did not include this parcel on the maps.  Once Council has completed the acquisition of the parcel, it will be the subject of a future Planning Proposal.


·    Site No. 14 (4 and 6 Wharf Road and 661 Victoria Road, Melrose Park) incorporates 2 parcels of land owned by the RTA which are under the care, control and management of Council.  These 2 parcels (Lots 1 and 2 DP 221045) were included in the maps within the exhibited Planning Proposal.  However, they were not listed within the Site Reference Table at Appendix B.  Council’s resolution from 23 May 2011 was to include these 2 parcels.  The revised Planning Proposal includes these 2 parcels within the Site Reference table.


·    It has also been identified that the exhibited material within the Planning Proposal should have included amendments to the Parramatta LEP 2011 map layers relating to the “minimum allotment size” and “minimum allotment size for dual occupancy”.  Under the Parramatta LEP 2011, all land with a residential zoning must be included within both of these map layers.  This is addressed in the revised Site Reference Table at Attachment 2.



The revised Planning Proposal, including the additional information was re-exhibited from 5 October until 4 November 2011.  Council was notified of the re-exhibition by way of a memo dated 27 September 2011 published in the Councillors’ Information Booklet.  The additional information exhibited was as follows:

·    Details of interests to be discharged and interests to remain.  “Interests” refers to affectations on title such as trusts, caveats, covenants, public reserves, rights of carriageway, easements etc… These details were provided in two of the documents attached to this report, being Attachment 2 (site reference table) and Attachment 3 (Schedule 4 Information) .  Attachment 2 provides all of the relevant information regarding the sites including proposed changes to development standards and details the interests that are to be discharged and those that are to remain.  Attachment 3 only concerns the issue of interests and clearly distinguishes between those properties where interests are to be discharged and those where there are no interests to be discharged.  It is presented in a format similar to how it would appear in Schedule 4 of the Parramatta LEP 2011.

·    Attachment 2 (site reference table) incorporates information regarding the zonings and the development standards that currently apply to the land under Parramatta LEP 2011.  (Development standards in this context, refers to floor space ratio and height.)  Some of these zonings and development standards will change as a result of the Planning Proposal which is outlined in the site reference table.  Also included in the table is information regarding the minimum lot size for subdivision and the minimum lot size for dual occupancy development.  This standard is incorporated in the Parramatta LEP 2011 as a map and is required to be applied to all land with a residential zoning.

·    The revised Planning Proposal has deleted No. 300 Railway Terrace from the maps of site 13.  The amended maps for site 13 were included in the re-exhibition material and are included as Attachment 4. 

·    The revised Planning Proposal has included the 2 parcels that are owned by the RTA and under Council’s care, control and management (Lots 1 and 2 DP 221045) within site No. 14 (4 and 6 Wharf Road and 661 Victoria Road, Melrose Park).  The 2 parcels are included within the Site Reference Table at Attachment 2.




Council received two (2) submissions being from the NSW Heritage Council (see Attachment 5) and Chris Young Planning on behalf of the Ermington Gospel Trust.  (It is noted that the NSW Heritage Council were notified during the original exhibition in September/October 2010, however, have made a submission to the re-exhibition in October/November 2011). 


Submission from the NSW Heritage Council


The NSW Heritage Council raised no objection to the removal of the heritage listing from No. 40 Cowper Street, Granville and No. 38 Marion Street, Parramatta.  However, they have requested that Council include height controls and floor space ratio provisions to assist reinstatement of the view corridors between site no. 17 (1A Morton Street, Parramatta) and “Broughton House” and site no. 21 (12 Brodie Street, Rydalmere) and the “Former Female Orphan school”. 


In this regard, site no. 17 (1A Morton Street, Parramatta) is located adjacent to “Broughton House” at 43A Thomas Street.  The Heritage Council is concerned that the “views and setting of Broughton House south to Elizabeth Farm should be conserved and reinstated in any development of the subject land”.  Currently, the site is zoned part B4 Mixed Use, part R4 High Density Residential and part RE1 Public Recreation under Parramatta LEP 2011.  The Parramatta LEP 2011 permits a height of 20 metres, however, does not prescribe a floor space ratio.  The Planning Proposal intends to zone the site to R4 High Density Residential across the whole site, permit a floor space ratio of 1.2:1 and to allow a height of 34m.  View corridors are preserved not only from the heritage property but other properties surrounding the site.  The total site is proposed to be zoned R4 High Density Residential to allow for the FSR to be calculated over the entire site.  However, the part of the site adjacent to the river that is currently zoned as RE1 Public Recreation falls within the 1 in 100 year flood line and is considered high flood risk.  Under the Parramatta Development Control Plan 2011, such land is deemed unsuitable for residential development and should not be developed.  As such, Council would seek to negotiate a return of this land to Council as part of any redevelopment of the site. 


Site no. 21 (12 Brodie Street, Rydalmere) is located adjacent to the “Former Female Orphan School” (however, separated by the train line).  The property was previously zoned Trade and Industry Support under the Sydney Regional Environmental Plan No. 28 and has been rezoned to RE1 Public Recreation under the Parramatta LEP 2011.  Further, the Planning Proposal involves reclassification of the site from “community land” to “operational land” but does not propose to rezone the site.  The submission incorrectly states that the Planning Proposal aims to rezone the site to B4 Mixed Use.  While it does not object to the concept of rezoning, it is requested that design guidelines be exhibited with the Planning Proposal to protect the heritage significance, setting and view corridors of the Former Female Orphan School site.  It should be noted that Section 2.4.1 of Parramatta Development Control Plan 2011 contains provisions relating to the preservation of views and vistas, including particular reference to “Broughton House” and the “Former Female Orphan School.”


Submission on behalf of Ermington Gospel Trust


The submission from the Ermington Gospel Trust raises the following concerns relating to site no. 14 (Nos. 4-6 Wharf Road and No. 661 Victoria Road, Melrose Park):


1.   Lots 2 and 3 DP 588575 were previously owned by the Ermington Gospel Trust and were required by Council to be dedicated free of cost as a condition of consent in 1977.  Council subsequently permitted the Gospel Trust to construct a car park over Lot 2.  The Trust advise that they donated $1,000 to Council for the construction of a playground over Lot 3 which was not constructed.

2.   The Trust requests that Council return Lots 2 and 3 to the ownership of the Trust at a fair and reasonable cost and zone the land SP1 (Place of Public Worship) or a combination of SP1 (Place of Public Worship) and RE2 Private Recreation.

3.   The Trust suggests that they could maintain Lot 3 as a vegetated and landscaped transition/buffer between the Place of Public Worship and adjoining residential lands and any commercial development on the residue lands of Bartlett Park.

4.   The Trust requests that Council zone the residue land of Bartlett Park to B6 Enterprise Corridor with a maximum height limit of 12m in keeping with the height limit of surrounding areas.  The proposed height limit of 28m and floor space ratio of 2.0:1 are out of keeping with the height and floor space ratio controls permitted in the immediate locality.  In this regard, the land zoned IN1 General Industrial to the south has a height limit of 12m and a floor space ratio of 1:1.  The land on the north-west corner of Marsden Road and Victoria Road has a height limit of 12m and a floor space ratio of 2:1.  The Trust’s land to the west of the site has a height of 9m and a floor space ratio of 0.5:1. 

5.   The Trust objects to the proposed B4 Mixed Use zoning as it will be incompatible with the character of the area.  The site is not an accessible location for residential development and does not have good access to public transport and major road works would be required to make the site accessible. 

6.   B6 Enterprise Corridor is preferred to the proposed zoning of B4 Mixed Use as the B4 zone could permit uses in the area that are incompatible with the Place of Public Worship such as hotels, restricted premises and registered clubs. 

7.   Lot 2 is currently affected by an easement for railway purposes but in practice, contains high voltage electricity transmission lines.  As such, no building can be erected on the lot and Council’s use of the land in any redevelopment will presumably be to increase floor space ratio potential.  The lot currently contains a car park related to the Trust’s Place of Public Worship containing 150 vehicles which would need to be relocated to the surrounding street network.

8.   The land was previously dedicated to Council for the purpose of open space.  Should the land be no longer required for this purpose, it should be returned to the ownership of the Trust.  It should be zoned as SP1 (Place of Public Worship) or at least Lot 2 should be zoned as SP1 with Lot 3 zoned as RE2 Private Recreation to serve as a landscape buffer between the Place of Public Worship and the remainder of the site.

9.   The submission raises the concern that the proposed height of 28m will cause overshadowing of the Trust’s Meeting Hall and properties on Hughes Avenue an loss of views.


Several of the above issues were raised in the submission received from the Trust during the previous exhibition of the Planning Proposal in September/October 2010. 

The Public Hearing held on 28 February 2011 was attended by Mr Chris Young of Chris Young Planning who also raised the issues at the hearing.  Council’s independent consultant, Mr Andy Ludvik responded to the issues in his report as follows:-


“Council has indicated that:

·    Part of the land is subject to easements for electricity, batter, and drainage

·    Business use of the site, including bulky goods retailing is consistent with the ‘Preliminary Report into Future Use Options 2008 prepared by Allen Jack and Cottier; and

·    Most of the easements are able to be retained.


Other than the commercial recreational use of a small section of the land adjacent to the Victoria Road/Marsden Road intersection and the use of part of the land for parking associated with the Ermington Gospel Trust’s facility at 15 Hughes Avenue, there is no apparent evidence of any recreation or community use of the land.


The site appears to have limited utility in terms of its use for open space or community purposes.


The issue of ownership and reversion of land to the Ermington Gospel Trust is properly a matter to be resolved between the Council and the Trust.


It is not the role of this hearing to resolve this issue.


In any event, the land would need to be reclassified as ‘operational land’ if Council were to decide to return any of the land to the Trust’s ownership.




The land be reclassified as ‘operational land’ under the terms of the Local Government Act and Council should consider the Ermington Gospel Trust’s submission relating to the history of the lands acquisition and its request that land be restored to the Trust’s ownership.”


The Trust’s submission raised several additional issues which are addressed below:-


The Trust is concerned that a proposed zoning of B4 Mixed Use would permit several land uses which are incompatible with the existing Place of Public Worship such as restricted premises.  It should be noted that sex services premises are prohibited in both the B4 Mixed Use and B6 Enterprise Corridor zone.  However, registered club and pubs are permissible in both zones.  The main land use that the Trust may have concerns regarding is restricted premises as mentioned in their submission and this land use is permissible in the B4 Mixed Use zone and prohibited in the B6 Enterprise Corridor zone. 


The submission from the Trust raises concerns which are presumably related to the potential for restricted premises to give offence to the church community.  Clause 6.8 of the Parramatta Local Environmental Plan 2011 contains provisions which relate to restricted premises and ensure that products and goods are not visible from outside the premises.  Further, subclause (3) provides that: “In deciding whether to grant development consent for the purpose of restricted premises, the consent authority must take into account the impact the proposed development would have on any place that is regularly frequented by children for educational, recreational or cultural activities”.  In addition, Section 5.6 of the Parramatta Development Control Plan is dedicated to both sex services and restricted premises and is provided to ensure that such land uses are located, designed and operated appropriately to minimise offence to the community and loss of amenity for residents.  As such, issues regarding potential conflicts between restricted premises and the existing Place of Public Worship are able to be addressed at development application stage.


With regard to the transfer of the land, it is acknowledged that Lot 2 contains part of the Trust’s car park and an electricity transmission line which would largely preclude development on this lot.  Council’s Property Development Adviser has advised that it is anticipated that Council may enter negotiations with the Trust regarding Lot 2 considering the current use and encumbrances on the site.  With regard to Lot 3, it is anticipated that the lot will form part of the larger development site for site no. 14. 


With regard to potential overshadowing and loss of views, such issues will be considered as part of the assessment of any development application received for the site.  Further, the areas most likely to be affected by overshadowing to the south and west comprise car parking related to industrial developments and the Trust’s car parking area.  The electricity transmission easement on Lot 2 precludes development on much of this lot and will ensure that Lot 2 acts as a buffer between the Trust’s property and the redevelopment of Bartlett Park.




At the time of the preparation of this report, a Public Hearing was scheduled to be conducted on Wednesday 7 December 2011.  The Hearing relates to the proposed reclassification of the sites and is a requirement of the Local Government Act, 1993.  Such Public Hearings are required to be conducted by an independent facilitator who is required to furnish a report to Council.  A copy of the Public Hearing Report will be provided to Councillors under separate cover by way of a memo, as an addendum to this report prior to the Council Meeting.



Once adopted by Council, the revised Planning Proposal will be forwarded to the Department of Planning and Infrastructure with a request that they draft the appropriate instruments to implement the objectives of the Planning Proposal and finalise the Plan.  The Planning Proposal will require an amendment to both the Parramatta City Centre Local Environmental Plan 2007 and the Parramatta Local Environmental Plan 2011.