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) 13 February 2012

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council (Development) - 5 December 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 73 Eleanor Street ROSEHILL NSW 2142
(Lot 20B DP 380534) (Elizabeth Macarthur Ward)

8.2 56 Sorrell Street, North Parramatta
(Lot 1 DP 329888) (Arthur Phillip Ward)

8.3 82-88 Phillip Street, PARRAMATTA
(Lot 20 DP 801584)(Arthur Phillip Ward)

8.4 85 South Street, Granville (Lot 11 DP 740982)

8.5 26 Ferndell Street, South Granville
Lo 201 DP 816219

8.6 398 Church Street, Parramatta
Lot 1 DP 81182

8.7 52 Fennell Street, North Parramatta
(LOT 1 DP 770449)(Arthur Phillip Ward)

9 Reports - Major Applications

9.1 2 Stewart Street, Ermington
(Lots C and D DP 28278)

9.2 6 Sorrell Street PARRAMATTA NSW 2150
(Lot 1 DP 5389279, being Lots 1-8 SP 11722)
(Arthur Phillip Ward)

9.3 112 MacArthur Street NORTH PARRAMATTA
(Lot 3 DP 516459) (Elizabeth MacArthur)

10 Economy and Development

10.1 Variations to Standards under SEPP 1

10.2 Submission to the Issues Paper for the NSW Planning System Review

10.3 Delegated Authority Meeting held over Christmas and New Year Period

11 Closed Session

11.1 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 DECISIONS FROM CLOSED SESSION

13 QUESTION TIME

Council (Development) 13 February 2012 Item 8.1

DOMESTIC APPLICATION

ITEM NUMBER 8.1

SUBJECT 73 Eleanor Street ROSEHILL NSW 2142
(Lot 20B DP 380534) (Elizabeth Macarthur Ward)

DESCRIPTION Alterations and additions to an existing heritage listed dwelling

REFERENCE DA/831/2011 - 5 January 2012

APPLICANT/S Mr A A McPherson and Mrs L M Helmrich

OWNERS Mr A A McPherson and Mrs L M Helmrich

REPORT OF Manager Development Services

DATE OF REPORT 17 January 2012

REASON FOR REFERRAL TO COUNCIL

The matter is referred to Council as the application seeks consent to works to a heritage item and seeks a variation of greater than 10% to the height control of LEP 2011.

EXECUTIVE SUMMARY

The application seeks approval for alterations and additions to the existing dwelling, including a rear and first floor addition, new car space and front fence.

The property forms part of the Eleanor Street Group listed as an item of Environmental Heritage under the Parramatta Local Environmental Plan 2011. The application was referred to Council’s Heritage Advisor who raised no objections to the proposal.

The proposed works are consistent with the underlying objectives of Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011 and is considered satisfactory with respect to design, bulk and scale, privacy, and overshadowing. There is sufficient landscaping and open space areas provided as part of the proposal.

The proposal seeks a variation to the 6 metre height control requirement contained in Parramatta Local Environmental Plan 2011 with a portion of the ridge having a height of 6.7m, and variations to some aspects of the deep soil controls, cross floor ventilation, and side setback requirements of Parramatta DCP 2011. The variations proposed are minor in nature, brought about as a result of the circumstances of the site, and have no adverse impact on surrounding properties or the environment.

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

The additions to the dwelling include an open plan living area, bathroom and laundry on the ground floor, and a bedroom and ensuite on the first floor. The layout of the proposal is consistent with its stated use as a dwelling.

It is recommended that the application be approved subject to conditions.

RECOMMENDATION

(a) That Council support the variation to Clause 4.3 of the PLEP 2011 under the provisions of Clause 4.6 of PLEP 2011.

(b) Further that Council as the consent authority grant development consent to Development Application No. DA/831/2011 for Alterations and additions to a heritage listed dwelling including a rear and first floor extension at 73 Eleanor Street, ROSEHILL NSW 2142 for a period of five (5) years from the date on the Notice of Determination subject to the conditions set out in Attachment 1.

Liam Frayne

Senior Development Assessment Officer

Attachments:

1 View	Section 79C Assessment Report	28 Pages
2 View	Locality Map	1 Page
3 View	Plans	3 Pages
4 View	Heritage Inventory Sheet	1 Page
5	Confidential plans	2 Pages

REFERENCE MATERIAL

Council (Development) 13 February 2012 Item 8.2

DOMESTIC APPLICATION

ITEM NUMBER 8.2

SUBJECT 56 Sorrell Street, North Parramatta
(Lot 1 DP 329888) (Arthur Phillip Ward)

DESCRIPTION Alterations and additions to a heritage listed dwelling including a rear extension. Approval is also sought for the construction of a garage accessed from Albert Street.

REFERENCE DA/842/2011 - Submitted 28 November 2011

APPLICANT/S RTY Ptd Ltd

OWNERS Mr R C Curtis and Mr I W Curtis

REPORT OF Manager Development Services

DATE OF REPORT

11 January 2012

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

The application seeks approval for alterations and additions to a heritage listed dwelling including a rear extension and for the construction of a double garage and associated driveway crossover accessed from Albert Street.

The addition is located at the rear of the existing dwelling and includes a living room, dining room and covered patio with stairs providing access to the rear yard. The total floor area of the addition is 60m². The double garage is 6m x 6m and is located in the rear yard, in the south-eastern corner of the site. A single width driveway crossover is proposed from Albert Street.

The building was constructed in or around 1935 and is a local heritage item, listed under Schedule 5 of PCC LEP 2011. The dwelling is an example of an Interwar Bungalow style residence with tuck-pointed liver brick walls, terracotta-tiled hipped roof with timber double-hung sash windows and sandstone coping to the verandah balustrade. The site is also located in the Sorrell Street Conservation Area. The application has been reviewed by Council’s Heritage Advisor who has advised that the proposal is generally in keeping with the Heritage DCP controls and has raised no objections to the proposed works subject to conditions.

The application was notified in accordance with Appendix 5 of DCP 2011 to owners and occupiers of surrounding properties and Council’s Heritage Committee for a 27 day period between 14 December 2011 and 10 January 2012. In response no submissions were received.

The proposal is consistent with the objectives of Parramatta Local Environmental Plan 2011, Parramatta Development Control Plan 2011, Sorrell Street Conservation Area and the objectives of the R2 Low Density Zone.

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

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. DA/842/2011 for alterations and additions to a heritage listed dwelling including a rear extension and for the construction of a double garage accessed from Albert Street at 56 Sorrell Street, NORTH PARRAMATTA NSW 2151 subject to the conditions contained in Attachment 1.

Emily Dickson

Development Assessment Officer

Attachments:

1 View	Section 79c Report	34 Pages
2 View	Locality Map	1 Page
3	Confidential Plans	1 Page

Council (Development) 13 February 2012 Item 8.3

DOMESTIC APPLICATION

ITEM NUMBER 8.3

SUBJECT 82-88 Phillip Street, PARRAMATTA
(Lot 20 DP 801584)(Arthur Phillip Ward)

DESCRIPTION Erection of illuminated signage to the facades of a commercial building.

REFERENCE DA/684/2011 - Submitted 5 October 2011

APPLICANT/S Wilson Security

OWNERS GE Capital (Beldon) Pty Limited

REPORT OF Manager Development Services

DATE OF REPORT 13 January 2011

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

The application seeks approval for the erection of three (3) business identification illuminated signs associated with existing commercial offices on the:

- parapet of the western elevation;

- plant room of the southern elevation; and

- northern elevation between levels one and two, above the front entrance of a commercial building.

The proposed signs are consistent with the underlying objectives of Parramatta City Centre Local Environmental Plan 2007 and Parramatta City Centre DCP 2007, and are considered satisfactory with respect to design, location and potential impacts on the amenity of the area. A recommendation of this report is that no illumination be permitted for the sign located on the western elevation between 8.00pm and 7.00am daily to protect the residential amenity.

The application was notified in accordance with Council’s Notification Policy and eight submissions were received objecting to the proposal. The issues raised within the submissions relate to impacts on the amenity of nearby residential units and potential impact on views and sleep, potential to disturb the night’s ambience and impact on property values. All issues raised in the submissions have been discussed in detail within the Section 79C assessment report contained as Attachment 1 and do not warrant refusal of the application as conditions will be imposed to seek to address the issues raised in the submissions.

It is recommended that the application be approved subject to conditions.

RECOMMENDATION

(a) That Council grant development consent to Development Application No DA/684/2011 for the erection of illuminated signage to the facades of a commercial building on land at 82- 88 Phillip Street, Parramatta subject to conditions contained within Attachment 1.

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

Nicholas Clarke

Development Assessment Officer

Attachments:

1 View	Section 79C Assessment Report	15 Pages
2 View	Locality Map	1 Page
3 View	Plans	6 Pages

REFERENCE MATERIAL

Council (Development) 13 February 2012 Item 8.4

DOMESTIC APPLICATION

ITEM NUMBER 8.4

SUBJECT 85 South Street, Granville (Lot 11 DP 740982)

DESCRIPTION Section 96 (1a) modification to approved alterations and additions to a place of public worship. The modifications include:
1. changes to the internal layout
2. increasing the ground and first floor areas of the building

REFERENCE DA/774/2009/A - 11 November 2011

APPLICANT/S Arcimage Architects

OWNERS Jehovah's Witnesses Congregations

REPORT OF Manager Development Services

DATE OF REPORT 6 January 2012

REASON FOR REFERRAL TO COUNCIL

The application relates to a Place of Public Worship.

EXECUTIVE SUMMARY

The Section 96(1a) modification seeks to modify approved alterations and additions to a place of public worship in the following way:

Upper Level

· Increase the upper level floor area by approximately 24m2 to accommodate the relocation of a cleaners room and a disabled toilet to the rear of the development.

· Increase the upper level floor area by approximately 4m2 to accommodate the relocation of the library from the northern portion of the development to the rear.

· Reconfiguration of the internal layout to increase the floor area of Discussion Room 1 to the area that was formerly occupied by the library.

· Relocation of internal bathroom walls to reduce the floor area of the male and female bathrooms.

· As a result of the relocation of the internal bathroom walls, the floor area of the foyer is to increase.

· The area formerly occupied by the cleaner and electrical room to the rear is to be amalgamated into one room to accommodate the relocated mothers and babies room.

Lower Level

· Replace the AC units with a new inverter AC unit to be located on the roof and located behind a parapet wall.

· Increase the lower level area by approximately 24m2 to accommodate the relocation of the kitchenette from the northern portion of Discussion Room 2.

· Construction of a new rear exit door to meet BCA requirements.

The application does not seek to increase the number of parishioners at the premises or alter the existing operational hours. The existing hours of operation are between the hours of 8.00am to 9.15pm, Tuesday, Wednesday, Thursday, Saturday and Sunday depending on the activity. It is noted that the proposed modifications have not been completed.

The application was referred to Council’s Heritage Adviser. Upon review of the application, Council’s Heritage Adviser raised no objections to the modifications.

No submissions were received.

The proposed modifications are considered to be acceptable as they will not unduly impact on the amenity of the streetscape given the location of the works to the rear and which will not increase the operational capacity of the existing facility.

Overall, the modifications will not substantially alter the existing development. The proposal is consistent with the objectives of Parramatta Local Environmental Plan 2011, Parramatta Development Control Plan 2011 and the objectives of the B2 Local Centre zone. Accordingly, the current application is recommended for approval.

RECOMMENDATION

That Council as the consent authority, modify Development Consent No. 774/2009 for alterations and additions to a place of public worship to include modifications comprising of changes to the internal layout and increasing the ground and first floor areas of the building on land at 85 South Street, Granville in the following manner:

1. Modify condition No. 1 in the following way:

Drawing N⁰	Dated
Site Plan for 85 South Street, Granville. Ref. 062108.	17 December 2008
Drainage and Landscape for 85 South Street, Granville. Ref. A13. Issue B.	7 November 2011
Floor Plans for 85 South Street, Granville. Ref. A2.1. Issue B.	7 November 2011
Sediment and Erosion Control for 85 South Street, Granville. Ref. A1.2. Issue B.	7 November 2011
Site Plan and Photomontage for 85 South Street, Granville. Ref. A1.1. Issue B.	7 November 2011
Elevations and Sections for 85 South Street, Granville. Ref. A3.1. Issue B.	7 November 2011

Denise Fernandez

Senior Development Assessment Officer

Attachments:

1 View	Section 79C report	8 Pages
2 View	Locality Map	1 Page
3 View	Plans and Elevations	5 Pages
4 View	Original Notice of Determination	7 Pages
5 View	Approved plans	6 Pages

REFERENCE MATERIAL

Council (Development) 13 February 2012 Item 8.5

DOMESTIC APPLICATION

ITEM NUMBER 8.5

SUBJECT 26 Ferndell Street, South Granville
Lo 201 DP 816219

DESCRIPTION Change of use and fitout of existing building for the production, storage and distribution of food products with associated signage (3 flush wall signs)

REFERENCE DA/660/2011 - 23 September 2011

APPLICANT/S Hanseatic Fine Foods Pty Ltd

OWNERS McMillan Printing Unit Custodian Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT

18^th janurary 2011

REASON FOR REFERRAL TO COUNCIL

The matter is referred to Council as more than seven (7) submissions were received.

EXECUTIVE SUMMARY

The application seeks approval for the occupation and fitout for a commercial kitchen involving the production, storage and distribution of meat, poultry and seafood products. Approval is also sought for the storage of empty and full beer kegs, cases of beer and glassware.

Nine individual submissions, 1 petition with 114 signatures and a second petition with 41 signatures were received objecting to the proposal. A summary of the issues raised in written submissions and the petitions include: Noise, odour, vehicle emissions, air borne chemical pollutants, operating hours, delivery times and frequency, traffic and vermin associated with the storage of food waste.

The proposed hours of operation are:

Monday to Sunday: 6am -8pm (7 days)

The hours proposed on weekends may impact upon the amenity of the nearby residential land uses, therefore the following hours of operation are recommended:

Monday to Friday: 6am -8pm

Saturday: 8am to 8pm

Sunday: 9am to 8pm

It is also recommended that all vehicle movements (other than staff vehicles) be limited to between 7am and 8pm, Monday to Friday, Saturday 8am to 5pm and that there be no deliveries or dispatch of goods and products on Sunday. Waste disposal activities are recommended to occur between the above hours and limited to Sundays between 9am and 5pm.

The business will employ 25 staff.

The proposed signage is ancillary to the use of the site and is defined as ‘flush wall signage’ under Parramatta LEP 2001.

The proposed operation of a commercial kitchen for the production, storage and distribution of food products, is defined as a “light industry” and “warehouse and distribution centre” under Parramatta LEP 2001 and is permitted with consent in the Employment 4 zone. The proposal is not expected to detrimentally impact upon the amenity of the surrounding land uses by way of noise, smell, vibration, fumes, smoke or odour. With the incorporation of the recommendations contained within the acoustic and air assessment reports submitted with the application, reduced operating hours and restricted delivery times the proposal will be consistent with the aims and objectives of the Employment 4 zoning applying to the land, retaining the predominant role of the City of Parramatta's industrial areas.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That the Council, as the consent authority grant development consent to Development Application No.DA/660/2011 for the occupation and fitout for the production, storage and distribution of food related products at 26 Ferndell Street, South Granville for a period of five (5) years from the date on the Notice of Determination subject to the conditions of consent contained in attachment 1.

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

Michael Tully

Development Assessment Officer

Attachments:

1 View	S79C Report	34 Pages
2 View	Locality Map	1 Page
3 View	Plans	8 Pages

Council (Development) 13 February 2012 Item 8.6

DOMESTIC APPLICATION

ITEM NUMBER 8.6

SUBJECT 398 Church Street, Parramatta
Lot 1 DP 81182

DESCRIPTION Fitout and occupation of the premises as a massage and acupuncture clinic

REFERENCE DA/795/2011 - Submitted 14/11/2011

APPLICANT/S Focused Enterprises Pty Ltd

OWNERS Mrs A Lungas

REPORT OF Manager Development Services

DATE OF REPORT

20^th january 2012

REASON FOR REFERRAL TO COUNCIL

The application is being referred to Council for determination as the application seeks approval for a massage centre.

EXECUTIVE SUMMARY

The application seeks approval for the fit out and use of a ground floor tenancy at 398 Church Street as an acupuncture and remedial massage clinic comprising of 4 curtain partitioned booths. The application states that there will be 2 persons employed for the use. The number of treatment rooms being greater than the number of employees is not uncommon. The hours of operation are Monday - Wednesday: 10:00am to 6:00pm, Thursday 10:00am – 9:00pm, Saturday: 10:00am to 5:00pm and closed Sunday.

The fitout works are exempt development under SEPP Exempt and Complying, however the use requires development consent. It is recommended that the commencement of use prior to the consent being obtained be referred to Councils Regulatory Services Team for investigation.

One business identification sign is also proposed.

No objections from the public have been received in relation to this application.

The proposal is defined as business premises under Parramatta City Centre LEP 2007 and is permissible subject to consent in the B4 Mixed Use Zone. The development is consistent with the aims and objectives of the B4 Mixed Use zone applying to the land, and is also consistent with the aims and objectives contained within Council’s City Centre DCP and DCP 2011 - 5.6 Sex Services and Restricted Premises.

The application was referred to Council’s Community Crime Prevention Officer who required additional information confirming the intended use. The applicant has submitted a statement confirming that the premise will not be used for sex services. Council’s Community Crime Prevention Officer has no objection to the application subject to the imposition of a trial period.

The applicant has provided documentary evidence of their qualifications relating to massage therapy, and has also provided written documentation stating that no sexual services will be provided at the premises. There is no evidence before Council that indicates that the purpose for which consent is sought is for a use other than massage. Notwithstanding this, it is appropriate for Council to place conditions on the consent that limit the usage to a period of 2 years to monitor the impacts of the proposed development and specifically prohibit the use of the premises for sexual services.

Accordingly, the application is recommended for approval subject to conditions

RECOMMENDATION

(a) That Development Application 795/2011 for the fitout of the premises and use as a massage and acupuncture clinic on land at 398 Church Street, Parramatta be approved subject to the conditions of consent in Attachment 1 of this report.

(b) That the commencement of the use prior to development consent being obtained be referred to Councils Regulatory Services Team for investigation and enforcement action if required.

Michael Tully

Development Assessment Officer

Attachments:

1 View	S79C Report	18 Pages
2 View	Locality Map	1 Page
3 View	Plans	3 Pages

Council (Development) 13 February 2012 Item 8.7

DOMESTIC APPLICATION

ITEM NUMBER 8.7

SUBJECT 52 Fennell Street, North Parramatta
(LOT 1 DP 770449)(Arthur Phillip Ward)

DESCRIPTION Demolition, construction of a garage and outdoor area to the eastern boundary, alterations and additions to the rear of the dwelling and construction of a front fence.

REFERENCE DA/766/2011 - 2 November 2011

APPLICANT/S Brad Inwood Architects

OWNERS Ms W A Sykes & Mr A J Likely

REPORT OF Manager Development Services

DATE OF REPORT 23 January 2011

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

The development application seeks consent for demolition of an existing garage and construction of a garage and attached covered outdoor entertaining area to the eastern boundary, alterations and additions to the dwelling including a rear addition, and construction of a front fence.

The alterations and additions to the dwelling house are permissible in the R3 zone under PLEP2011. The proposed garage, covered outdoor area, and front fence are ancillary to the dwelling and therefore are also permissible in the zone.

The subject site identified as containing a local Heritage Item as listed in Schedule 5 of Parramatta Local Environmental Plan 2011. The application was referred to Council’s Heritage Advisor who raised no objection to the proposal subject to the fence being lowered to a maximum of 1.2m in height.

The proposed works are consistent with the objectives of Parramatta LEP 2011 and Parramatta DCP 2011. The proposal is therefore considered satisfactory as the works result in minimal impact on the streetscape, adjoining properties and the heritage significance of the site and surrounds.

The application was notified in accordance with Parramatta DCP 2011, and no submissions were received.

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/766/2011 for demolition of the existing garage, construction of a garage and attached undercover outdoor area to the eastern boundary, alterations and additions to the dwelling and a front fence at 52 Fennell Street, North Parramatta for a period of five (5) years from the date on the Notice of Determination subject to conditions.

Nicholas Clarke

Development Assessment Officer

Attachments:

1 View	S79c Assessment Report	27 Pages
2 View	Locality Map	1 Page
3 View	Architectural Plans	5 Pages
4	Confidential Plans	1 Page

REFERENCE MATERIAL

Council (Development) 13 February 2012 Item 9.1

MAJOR APPLICATION

ITEM NUMBER 9.1

SUBJECT 2 Stewart Street, Ermington
(Lots C and D DP 28278)

DESCRIPTION Section 96(2) application to modify Development Consent No. DA/43/2007 (multi-purpose community facility).

REFERENCE DA/43/2007/B - 17 November 2011

APPLICANT/S Projectvision

OWNERS Vedanta Centres of Australia Limited

REPORT OF Manager Development Services

DATE OF REPORT 17 January 2012

REASON FOR REFERRAL TO COUNCIL

The parent application was determined at the 14 April 2008 Regulatory Council Meeting and the proposal involves works to a heritage item.

EXECUTIVE SUMMARY

The Section 96(2) modification seeks to modify the approved restoration of a heritage listed building and the construction of a new building to be used as a multi-purpose community facility in the following way:

Conditions of Consent

· Delete Condition 8 which states:

The bin store and store room adjacent to proposed Unit 9 are to be deleted. The bin store to be located in the basement carpark with details to be provided in the construction certificate.

Reason: To protect the heritage integrity of the dwelling.

· Amend Condition 38 to read as follows:

Occupation or use, either in part or full, shall not take place until an interim occupation certificate has been issued. The interim and/or final occupation certificate must not be issued unless the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia and until all preceding conditions of this consent have been complied with. Where Council is not the PCA, a copy of the interim and/or final occupation certificate together with registration fee must be provided to Parramatta City Council.

Reason: Legislative requirement.

The above condition is to be amended to allow the continued use and occupation of the activities within the heritage item whilst the construction of the multi-purpose facility is being undertaken.

Multi-purpose community facility

· The finished floor level for the carpark level of the multi-purpose facility is to be raised by a maximum of 700mm, raising the overall height of ‘Hall 1’ of the development from RL103.850 to RL104.550.

· Reconfiguration of the basement layout in particular the relocation of the turning bay to the southern portion of the basement.

· Reconfiguration of the male and female toilets on the Hall 2 and Hall 3 level to increase the size. The increase in the size of the toilets will not result in an increase of the floor area or FSR.

· Reconfiguration of the floor layout to the western portion of the Hall 1 Level which comprises of:

Þ An increase in the size of the storage/cleaner room and the provision of an additional entry to this room

Þ Reconfiguration of the layout of the public female and male toilets. It is noted that the number of cubicles is not amended and there is no increase to the floor area.

Existing Residence (Heritage Item)

· Reconfiguration of the floor layout to the western and northern portion of the ground floor of the existing residence which include:

Þ Reduction of the size of the store room located on the northern side to allow for the construction of an adjoining toilet and staircase.

Þ Relocation of the north-western stairs within the bin and storage room.

Þ Reduction in area of the sitting room and conversion to a single bedroom.

Þ Reduction in area of the two single bedrooms along the western portion of the ground floor to facilitate the inclusion of an additional adjoining bathroom.

Þ Reduction in area of the dining room and conversion to a double bedroom.

Þ Increase the area of the ensuite.

Þ Construction of additional linen cupboard.

Þ The incorporation of a corridor through the western portion of the ground floor of the existing residence.

Þ Removal of external stairs and access from the western elevation of the existing residence.

Þ Incorporation of one additional window to the northern elevation of the existing residence.

Þ Alterations to the size and location of the existing two windows on the northern elevation of the existing residence to allow for the inclusion of external stairs and entrance.

The application does not seek to increase the floor area or FSR of the development. The application also does not seek to modify the activities approved for the multi-purpose community facility under the parent application.

The application was reviewed by Council’s Heritage Adviser, Landscape Officer and Traffic Engineer. Upon review of the application, Council’s Heritage Adviser, Landscape Officer and Traffic Engineer raised no objections to the proposed modifications subject to conditions of consent.

In accordance with Appendix 5 of Development Control Plan 2011, owners and occupiers of surrounding properties as well as members of Council’s Heritage Committee were given notice of the application for a 14 day period between 30 November 2011 and 14 December 2011. In response, one written submission was received. The issues raised within the submission include, the increased opportunity for overlooking and the reduction of solar access to a neighbouring property.

The proposed modifications are considered to be acceptable as they will not unduly impact neighbouring properties or the amenity of the streetscape given that the increase in the finished floor level will be located to the rear of the site and that the internal alterations will not increase the floor area of the existing development. It is noted that the modifications will not unduly impact on the heritage value of the residence fronting Stewart Street.

Overall, the modifications will not substantially alter the approved development. The proposal is consistent with the objectives of Parramatta Local Environmental Plan 2011, Parramatta Development Control Plan 2011 and the objectives of the R2 Low Density Residential zone. Accordingly, request to modify the development consent is supported.

RECOMMENDATION

(a) That Council as the consent authority, modify development consent DA/43/2007 for the restoration of a heritage listed building and the construction of a new building to be used as a multi-purpose community facility to include modifications comprising 1. Increasing finished floor levels and overall height of the building by 700mm; and 2. Changes to the internal layout of the existing building fronting Stewart Street on land at 2 Stewart Street, Ermington in the following way:

1. Modify condition no. 1 in the following way:

1. The development is to be carried out in compliance with the following plans as amended by annotation and documentation listed below and endorsed with Council’s stamp.

Drawing N^o	Dated
Carpark Level. Job No. 0618. Drawing No. 2103.	15 September 2011
Stewart Street Ground Floor Level. Job No. 0618. Drawing No. 2105.	15 September 2011
Hall 1 Level. Job No. 0618. Drawing No. 2104.	15 September 2011
Site Analysis. Job No. 0618. Drawing No. 2000.	November 2011
Elevation 5 and Sections A and B. Job No. 0618. Drawing No. 2203.	15 September 2011
Elevation 1 and 2. Job No. 0618. Drawing No. 2201.	15 September 2011
Elevation 3 and 4. Job No. 0618. Drawing No. 2202.	15 September 2011
Landscape Plan. Job No. 0618. Drawing No. 2102.	15 September 2011
Site Plan. Job No. 0618. Drawing No. 2101.	15 September 2011

2. Delete Condition 8 which reads:

The bin store and store room adjacent to proposed Unit 9 are to be deleted. The bin store to be located in the basement carpark with details to be provided in the construction certificate.

Reason: To protect the heritage integrity of the dwelling.

3. Amend Condition 38 to read as follows:

Reason: Legislative requirement.

4. Addition of the following conditions:

1. a) Occupation of any part of footpath or road at or above (including construction and/or restoration of footpath and/or kerb or gutter) during construction of the development shall require a Road Occupancy Permit from Council. The applicant is to be required to submit an application for a Road Occupancy Permit through Council’s Traffic and Transport Services, prior to carrying out the construction/restoration works.

1. b) Oversize vehicles using local roads require Council’s approval. The applicant is to be required to submit an applicant for an Oversize vehicle Access Permit through Council’s Traffic and Transport Services, prior to driving through local roads within Parramatta LGA.

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

Denise Fernandez

Senior Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 79C Report	14 Pages
2 View	Locality Plan	1 Page
3 View	Heritage Inventory Sheet	1 Page
4 View	Plans and Elevations	7 Pages
5 View	Notice of Determination for DA/43/2007	10 Pages
6 View	Approved Plans	8 Pages
7	Confidential Approved Plans	3 Pages
8	Confidential Plans	3 Pages

REFERENCE MATERIAL

Council (Development) 13 February 2012 Item 9.2

MAJOR APPLICATION

ITEM NUMBER 9.2

SUBJECT 6 Sorrell Street PARRAMATTA NSW 2150
(Lot 1 DP 5389279, being Lots 1-8 SP 11722)
(Arthur Phillip Ward)

DESCRIPTION Section 96(2) application to modify Development Consent No. DA/198/2009 for an 8 storey mixed use development containing 24 apartments and 2 commercial tenancies.

REFERENCE DA/198/2009/A -

APPLICANT/S Better Buildings Pty Limited

OWNERS The Owners Strata Plan 11722

REPORT OF Manager Development Services

DATE OF REPORT 17 January 2012

REASON FOR REFERRAL TO COUNCIL

Application seeks to modify a Development Consent issued by the elected Council under Section 96(2) of the Environmental Planning and Assessment Act.

EXECUTIVE SUMMARY

Council on 14 September 2009 granted consent to the demolition of the existing building, tree removal and the construction of an 8 storey mixed use development consisting of 24 units and 2 commercial tenancies over 4 levels of basement car parking with strata subdivision.

The Section 96 application seeks to modify the original application and make the following changes;

1) Provision of 2 additional units to Level 7 (total 26) ;

2) Provision of 4 additional car parking spaces;

3) Changes to the internal layout; and

4) Changes to the external facade including alterations and deletion of balconies.

The application has been notified in accordance with Council’s Notification Development Control Plan and no submissions have been received.

The proposed modifications have been reviewed by the Design Review Panel and their recommendations have been incorporated in amended plans submitted by the applicant.

The proposed modifications are minor and do not substantially alter the original development. The proposal has been assessed and the Section 79 C assessment report is enclosed as Attachment 1. The proposal complies with the relevant development controls and standards and is recommended for approval.

RECOMMENDATION

(a) That Council modify Development consent No. 198/2009 in the following manner:

Amend condition 1 to read as;

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

*Drawing No.*	*Dated*
Job No. 070146 S96-000- Cover Sheet by Design Cubicle	21 November 2011
Job No. 070146 S96-200- Issue B Site Plan by Design Cubicle	21 November 2011
Job No. 070146 S96-201- Issue B Basement 4 plan by Design Cubicle	21 November 2011
Job No. 070146 S96-202- Issue B Basement 3 plan by Design Cubicle	21 November 2011
Job No. 070146 S96-203- Issue B Basement 2 plan by Design Cubicle	21 November 2011
Job No. 070146 S96-204- Issue B Basement 1 plan by Design Cubicle	21 November 2011
Job No. 070146 S96-204- Issue B Basement 1 plan by Design Cubicle	21 November 2011
Job No. 070146 S96-205- Issue B Ground floor plan by Design Cubicle	21 November 2011
Job No. 070146 S96-206 to 210- Issue B, Level 1 to Level 5 Floor plan by Design Cubicle	21 November 2011
Job No. 070146 S96-212- Issue B Level 6 Floor plan by Design Cubicle	21 November 2011
Job No. 070146 S96-212- Issue B Level 7 Floor plan by Design Cubicle	21 November 2011
Job No. 070146 S96-213- Issue B Roof Floor plan by Design Cubicle	21 November 2011
Job No. 070146 S96-220- Issue B West and South elevation plan by Design Cubicle	21 November 2011
Job No. 070146 CCA-213- Issue B East and North elevation plan by Design Cubicle	21 November 2011
Job No. 070146 S96-230- Issue B Wall detail and Section plan by Design Cubicle	21 November 2011
Job No. 070146 S96-240- Issue B Streetscape plan by Design Cubicle	21 November 2011
L01/2 Issue A - Landscape Plan Ground and First Floor levels	January 2009
L02/2 Issue A - Landscape Plan Third, Fifth and Seventh Floor levels	January 2009
3847-C1 Issue B Storm water Plan Sheet 1 of 3 3847-C2 Issue C Stormwater Plan Sheet 2 of 3 3847-C2 Issue B Stormwater Plan Sheet 3 of 3	20/03/2006

Documents:

BASIX Certificate No. 391454M	15 August 2011
Waste management plan	undated
Geotechnical Investigation Report prepared by GeoEnviro Consultancy P/L	10 June 2009
Arts Plan	undated

Amend condition 5 to read as;

5. A maximum of thirty five (35) off-street parking spaces (including 26 spaces for residents; 6 spaces for visitors; 3 spaces for commercial use) are to be provided, permanently marked on the pavement and used accordingly. The dimensions for parking spaces and aisle width to be in accordance with Figure 2.2 of AS 2890.1-2004 (minimum of 2.4m wide x 5.4m long clear of columns plus 300mm clearance adjacent walls and 6.2m aisle width minimum. At blind aisle, the aisle is to be extended by 1.0m (minimum) beyond the last parking space).

Amend condition 12 to read as;

12. A convex mirror is to be installed within the ramp access (one near the entry driveway & one at the bottom of the ramp access) with its height and location adjusted to allow an exiting driver a full view of the driveway in order to see if another vehicle is coming through.

Additional conditions:

116. The minimum available headroom clearance to be signposted at all entrances is to be 2.2m (for cars and light vans including all travel paths to and from parking spaces) and 2.5m (for parking spaces for people with disabilities) measured to the lowest projection of the roof (fire sprinkler, lighting, sign, and ventilation), according to AS 2890.1-2004 and 2890.6-2009.

Reason: To ensure Compliance with Australian standards.

117. Oversize vehicles using local roads require Council’s approval. The applicant is to be required to submit an application for an Oversize Vehicle Access Permit through Council’s Traffic and Transport Services, prior to driving through local roads within Parramatta LGA.

Reason: To ensure Compliance with Australian standards.

118. Under Clause 97A of the Environmental Planning & Assessment Regulation 2000, it is a condition of this development consent that all design measures identified in the BASIX Certificate No. 391454M, will be complied with prior to occupation.

Reason: To comply with legislative requirements of Clause 97A of the Environmental Planning & Assessment Regulation 2000.

Sasi Kumar

Senior Development Assessment Officer

Attachments:

1 View	Section 79c Report	13 Pages
2 View	Location Plan	1 Page
3 View	Architectural plans	5 Pages
4 View	Originally approved plans	7 Pages
5	Original approved confidential plans	9 Pages
6	Architectural plans- Confidential	13 Pages

Council (Development) 13 February 2012 Item 9.3

MAJOR APPLICATION

ITEM NUMBER 9.3

SUBJECT 112 MacArthur Street NORTH PARRAMATTA
(Lot 3 DP 516459) (Elizabeth MacArthur)

DESCRIPTION Demolition and construction of an in-fill housing development (made under the Affordable Rental Housing SEPP) comprising 1 detached dwelling and 3 attached dwellings over basement carparking

REFERENCE DA/230/2011 - 15 April 2011

APPLICANT/S Mr J Saad and Mrs L Saad

OWNERS Mr J Saad and Mrs L Saad

REPORT OF Manager Development Services

DATE OF REPORT 2 February 2012

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 and construction of an infill housing development (made under the Affordable Rental Housing SEPP) comprising 1 detached dwelling and 3 attached dwellings over basement carparking.

The proposed development is permissible in the 2(B) zoning under Parramatta LEP 2001 which applied to the site at the time of lodgement of the DA. The proposed development is also permissible in the R3-Medium Density Residential Zone under Parramatta LEP 2011.

The first public notification of the application attracted 4 written submissions and 1 petition with 18 signatures objecting to the development. Following the receipt of amended plans, the second public notification attracted 6 written submissions objecting to the development. The main issues raised in the submissions include impacts on the amenity of existing residents, overlooking, overshadowing, setbacks, suitability of the site, excavation impacts, parking, impacts on adjoining trees, social and environmental impacts.

The development impacts upon a tree located within an adjoining property at 90 Albert Street East, North Parramatta. This tree is required to be removed as the development will result in substantial adverse impacts on the tree. A tree permit application has been submitted for the removal of this tree and has been approved by Council on 1 February 2012.

The application is recommended for approval subject to the imposition of appropriate conditions. The proposal is considered to be acceptable as it complies with the provisions of SEPP (Affordable Rental Housing) 2009 and is generally consistent with the aims and objectives of Parramatta Local Environmental Plan 2001. Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Development Application No. DA/230/2011 for demolition and construction of an infill housing development (made under the Affordable Rental Housing SEPP) comprising 1 detached dwelling and 3 attached dwellings over basement carparking at 112 Macarthur Street, North Parramatta subject to conditions of consent as outlined in Attachment 1.

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

Maya Sarwary

Senior Development Assessment Officer

Attachments:

1 View	Section 79C Report	72 Pages
2 View	Locality Map	1 Page
3 View	Plans	3 Pages
4 View	Shadow Diagrams	2 Pages
5	Confidential Plans	3 Pages

REFERENCE MATERIAL

Council (Development) 13 February 2012 Item 10.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 10.2

SUBJECT Submission to the Issues Paper for the NSW Planning System Review

REFERENCE F2007/02152 - D02247522

REPORT OF A/Manager Land Use Planning

PURPOSE:

To seek Council’s endorsement of a submission to the Issues Paper for the NSW Planning System Review prior to it being forwarded to the Planning System Review Panel for their consideration.

RECOMMENDATION

That Council adopt the submission at Attachment 2 to the Issues Paper for the NSW Planning System Review and forward the submission to the Planning System Review Panel for their consideration.

BACKGROUND

1. A Review Panel has been established by the NSW Government to provide independent advice to the Minister for Planning and Infrastructure and the NSW Government on a new planning system for NSW and new legislative planning framework to replace the Environmental Planning Assessment Act 1979 (EP&A Act).

2. The aim is to create a new planning system that meets today’s needs and priorities.

Review Process

3. The review was announced in July 2011 and commenced with an extensive listening and scoping phase at 44 locations throughout NSW (including two sessions at Parramatta) between August and November 2011. The Panel sought the community’s views on what should be the broad underpinning outcomes and principles for new legislation to replace the EP&A Act. Council planning officers attended the local session and provided broad comments at this high level initial consultation stage through a submission coordinated by WSROC.

4. Submissions and comments received in the initial consultation phase have been used by the Panel to produce the Issues Paper entitled, The way ahead for planning in NSW? The Issues Paper indicates the major and recurring themes and questions that arose during the initial consultation phase. The list of feedback questions in the Issues Paper is located at Attachment 1. The Issues Paper in its entirety can be accessed on the Planning Review web site at [www.planningreview.nsw.gov.au].

5. Councillors were advised on 21 December 2012 of the release of the Issues Paper.

6. Council officers from various units have provided comments which have been combined into a submission for Council’s consideration. The submission on this stage of the review is located at Attachment 2. The deadline for submissions is Friday, 17 February 2012. All submissions will be made publicly available on the Planning Review web site.

7. After considering public comments to the initial phase and in response to the Issues Paper, a working group in collaboration with the Panel will produce a document, known as a ‘Green Paper’, which will set out a recommended preferred structure for a new planning system. The Green Paper will be published by the end of April 2012. A ‘White Paper’ and draft legislation will be released for exhibition before a bill is submitted to the NSW Parliament in the latter half of 2012.

Key Issues

8. The submission at Attachment 2 comprises comments on the Issues Paper made by the following Council teams; Land Use Planning; Development Services; Regulatory Services; Environmental Outcomes; Urban Design; Social Outcomes; and Economic Development.

9. The submission includes comments and responses to relevant themes and questions. The following is a summary of these comments and responses:

i. Objectives and philosophy of the new planning system

The planning system should be designed to achieve outcomes. The new legislative framework should aim to give greater responsibility to local government authorities over land use planning decisions, and create a balanced system that is flexible enough to respond to changes as they arise, while considering long term strategic planning and balancing between the environment, community interests and economy interests.

ii. Plan making

The legislative structure and process needs to be simplified to streamline plan making and ensure the timely delivery of major developments and infrastructure. Standard LEPs must be flexible to include more place-based controls to reflect local differences. Consideration should be given to delegating plan preparation and making to local councils without referring to the Department and Minister for Planning and Infrastructure.

iii. Development proposals and assessment

Improvements are required in the areas of pre-application consultation; assessments; development proposal decision reviews; conditions on development; and making changes to an approved development. ‘E planning’ applications need to be developed across the state and would include ‘e-lodgement’ and ‘e-assessment’ modules (both for ‘complying’ and ‘merit assessment’ streams). There should be a ‘standard template’ for development proposal lodgement and assessment across NSW (or Sydney metro and regional areas) as well as a central electronic database comprising specific information on property and planning controls, assessment criteria, consent authority, development proposal assessment process, and public participation requirements for all development on any parcel of land.

iv. Exempt and complying development

There should be an expansion of exempt and complying development proposals for low risk development proposals. Councils should be allowed local expansions to state lists of exempt and complying development.

v. Building certification

The role of the private certifier should be reformed to make them more accountable. Improved guidelines are required around certain components of Construction Certificates, Interim Occupation Certificates and Final Occupation Certificates.

vi. Enforcement and compliance

Improvements are required to orders such as incorporating prescribed administration fees. A review in the regulation of certain land uses is also required.

vii. Infrastructure and development contributions

The Planning Act should continue to set out the fees and charges for the delivery of ‘planning functions’ (eg. plan making, development proposal assessment, certification and enforcement). There should be a review of the Voluntary Planning Agreement (VPA) System and its relationship to the ‘development proposal assessment’ system together with possible further guidelines about negotiating a VPA. Consideration should be given to a development contribution system that recognises the total asset lifecycle of existing infrastructure to address the issue of maintenance and replacement. There should also be capacity for consent authorities to seek development contributions for affordable housing.

Conclusion

10. It is recommended that Council adopt the submission provided at Attachment 2, to the Issues Paper for the NSW Planning System Review and forward the submission to the Review Panel for their consideration.

Jennifer Concato

A/Manager Land Use Planning

Attachments:

1 View	List of Feedback Questions	9 Pages
2 View	Submission to the Issue Paper for the NSW Planning System Review	9 Pages

REFERENCE MATERIAL

None.

Council (Development) 13 February 2012 Item 10.3

ECONOMY AND DEVELOPMENT

ITEM NUMBER 10.3

SUBJECT Delegated Authority Meeting held over Christmas and New Year Period

REFERENCE F2004/07400 - D02249920

REPORT OF Team Leader Council Support

PURPOSE:

This report provides a copy of the minutes of the Delegated Authority Meeting held on 2 February 2012 between the Lord Mayor and Chief Executive Officer for the information only of Councillors.

RECOMMENDATION

That the minutes of the Delegated Authority Meeting held on 2 February 2012 be noted.

BACKGROUND

1. Council at its meeting held on 12 December 2011 gave consideration to a report regarding the delegation of authority to the Lord Mayor and Chief Executive Officer over the Christmas/New Year period and resolved:-

That the Lord Mayor, Councillor L E Wearne and the Chief Executive Officer be delegated joint authority under Section 377 of the Local Government Act, 1993, for the period Tuesday, 13 December 2011, until Friday, 10 February 2012, to deal with important or urgent business of the Council including the determination of development applications subject to:-

1 Notice of the business to be determined under delegation being provided to all Councillors at least three (3) days prior to the Delegated Authority Meeting.

2 Prior to any item being considered at the Delegated Authority Meeting, a referral, signed by 3 Councillors (in line with the requirements for the lodgement of a notice of rescission), be permitted to refer such item to a full Council Meeting for consideration.

3 The Minutes for all of the business dealt with under delegation over this period being submitted to the first available Council Meeting of the New Year.

ISSUES/OPTIONS/CONSEQUENCES

2. A Delegated Authority Meeting was held on 2 February 2012 and a copy of the agenda was distributed to all Councillors prior to the meeting. The item was not referred by Councillors to the full Council for consideration.

3. A copy of the minutes taken at the Delegated Authority Meeting is appended to this report as Attachment 1.

4. Decisions taken by the Lord Mayor, and Chief Executive Officer under delegated authority cannot be revoked by Council and reporting of the decisions is part of a process which provides transparency and accountability.

Grant Davies

Team Leader – Council Support

Attachments:

1 View

Minutes of Delegated Authority meeting (Under Separate Cover)

2 Pages

REFERENCE MATERIAL