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) 12 March 2012

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council - 27 February 2012

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 18 Jenkins Street Dundas (Lot 9 DP 36662) (Lachlan Macquarie Ward)

8.2 317 Guildford Road, Guildford
(Lot 1 DP 514685) (Woodville Ward)

8.3 16 Buckleys Road, Winston Hills (Illabunda)
(Lot 11 DP 270736) (Caroline Chisholm Ward)

9 Reports - Major Applications

9.1 44 Sorrell Street, NORTH PARRAMATTA NSW 2151
(Lot 1 DP 999333) (Arthur Phillip Ward)

9.2 58 O'Connell Street - Parramatta NSW 2150
Lot 1 DP 900803 ( Arthur Phillip Ward)

10 Notices of Motion

10.1 Noise Abatement near Rail Corridors and Busy Roads

10.2 Broadband Access

10.3 NSW Planning System

11 Economy and Development

11.1 Variations to Standards under SEPP 1

11.2 Finalisation of Planning Proposal - Old Kings School Site

12 Closed Session

12.1 Legal Matters Monthly Report to Council

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

12.2 Purchase of Property

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

13 DECISIONS FROM CLOSED SESSION

14 QUESTION TIME

Council (Development) 12 March 2012 Item 8.1

DOMESTIC APPLICATION

ITEM NUMBER 8.1

SUBJECT 18 Jenkins Street Dundas (Lot 9 DP 36662) (Lachlan Macquarie Ward)

DESCRIPTION Demolition, tree removal and construction of an attached dual occupancy development.

REFERENCE DA/607/2011 - Lodged 6 September 2011

APPLICANT/S J Handico

OWNERS Ms S L C Huang

REPORT OF Manager Development Services

DATE OF REPORT

21 February 2012

REASON FOR REFERRAL TO COUNCIL

The proposal is referred to Council for consideration as 9 submissions objecting to the application have been received.

EXECUTIVE SUMMARY

The proposed development seeks approval for demolition, tree removal and construction of an attached dual occupancy development.

At the time of lodgement in September 2011, the subject site was zoned 2B Residential under Parramatta LEP 2001. The subject site is currently zoned R2 Low Density Residential under Parramatta Local Environmental Plan 2011 (gazetted 7 October 2011). The proposed dual occupancy is permissible under both instruments.

The application was notified in accordance with Council’s Notification Policy, nine objections were received. The objections relate primarily to issues relating to privacy, overshadowing, streetscape, views and street parking. The issues are addressed in the Section 79C Assessment Report (Attachment 1) and do not warrant refusal of the application.

Amended plans were submitted to Council on 1 November 2011. Modifications include a pitched roof, reduction in floor area, modified external appearance, deletion of the ground floor deck and privacy screens to the first floor balconies. The amended plans were notified in accordance with Council’s Notification Policy; two of the original objectors submitted a supplementary submission raising the same issues as raised in previous submissions.

The proposed development complies with the requirements of both Parramatta Local Environmental Plans 2001 and 2011 and Parramatta Development Control Plans 2005 and 2011.

As the site falls to the rear it is recommended that Council issue a deferred commencement consent so as to enable the applicant to obtain and register a drainage easement to the rear of the site being the Silverwater Road reserve.

After consideration of the development against the relevant statutory and policy provisions, the proposal is considered to be suitable for the site and is in the public interest. Therefore, it is recommended that the application be approved.

RECOMMENDATION

(a) That Pursuant to the provisions of S. 80(3) of the Environmental Planning and Assessment Act, 1979 the development application be granted a Deferred Commencement Consent subject to the completion of the following:

1. Submission to Council of suitable documentary evidence that indicates the creation of an easement to Silverwater Road to drain water 1.2 metres wide has been registered with the NSW Department of Lands.

(b) That, upon satisfactory completion of the requirements nominated in above, Council as the consent authority grant development consent to Development Application No. 607/2011 for the demolition, tree removal and construction of a two storey attached dual occupancy development at 18 Jenkins Street Dundas, for a period of five years from the date on the Notice of Determination subject to the conditions contained in Attachment 1.

Ashleigh Matta

Development Assessment Officer

Attachments:

1 View	Section 79C Report	51 Pages
2 View	Locality Map	1 Page
3 View	Plans and shadows	5 Pages
4	Plans (Confidential)	6 Pages

REFERENCE MATERIAL

Council (Development) 12 March 2012 Item 8.2

DOMESTIC APPLICATION

ITEM NUMBER 8.2

SUBJECT 317 Guildford Road, Guildford
(Lot 1 DP 514685) (Woodville Ward)

DESCRIPTION Occupation and internal fitout of a heritage listed building, including signage for the purposes of operating a fruit and vegetable grocery shop.

REFERENCE DA/26/2012 - 13th Februray 2012

APPLICANT/S A Eid

OWNERS Mr P Lee and Mrs I Lee

REPORT OF Manager Development Services

DATE OF REPORT 13^th FebruAry 2012

REASON FOR REFERRAL TO COUNCIL

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

EXECUTIVE SUMMARY

Development Application DA/26/2012 seeks approval for the fitout and use of the existing premises as a fruit and vegetable grocery shop. The proposed hours of operation are 7am to 9:00pm, 7 days a week. Onsite parking is provided at the rear with twelve (12) parking spaces shared amongst the shop owners, staff and customers at 317 Guildford Road.

The subject site is heritage listed as part of a collection of similar retail premises along Guildford Road, known as the Guildford Shops. Most recently the shop front façade was reconstructed by order of Council after it was illegally demolished by another party. The reconstructed shop front accurately reflects the previous façade and is considered to be a satisfactory representation with regards to heritage significance and value.

Councils Heritage Officer supports the application subject to the deletion of the proposed top hamper sign covering the area above the entry and below the awning fronting Guildford Road and the reduction of the rear wall sign. A condition will included to reflect this and the approved plans will be amended to reflect this.

The application is supported by Council’s Environmental Health Officer.

A site inspection indicates that the fitout works have predominately been completed as of 01/02/2012 and a rear loading dock has been constructed. Whilst there are no town planning objections to the work that has been carried out, they cannot be considered under this application as retrospective approval for building works can not be granted. It is recommended the unauthorized building works be reported to the Regulatory Services Unit for the issuing of a Penalty Infringement Notice (PIN).

The site is zoned B2 Local Centre and the proposal is consistent with the aims and objectives of Parramatta LEP 2011 and Parramatta DCP 2011. The proposed shop will not have an unacceptable impact on the amenity of the area subject to conditions and will maintain the character of Guildford Road by providing a local service for local residents, while not generating adverse noise, traffic or social impacts.

No submissions were received.

Accordingly, the application is recommended for approval, subject to the conditions listed in schedule 1.

RECOMMENDATION

(a) That the Council, as the consent authority grant development consent to Development Application No.DA/26/2012 for the use of the ground floor tenancy at 317 Guildford Road, Guildford 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 as works have occurred without prior planning approval being obtained the matter be referred to Council’s Development Control Team for investigation including the possible issue of a Penalty Infringement Notice.

Michael Tully

Development Assessment Officer

Attachments:

1 View	S79C Report	20 Pages
2 View	Locality map	1 Page
3 View	Plans	4 Pages
4 View	Heritage Inventory Sheet	1 Page

Council (Development) 12 March 2012 Item 8.3

DOMESTIC APPLICATION

ITEM NUMBER 8.3

SUBJECT 16 Buckleys Road, Winston Hills (Illabunda)
(Lot 11 DP 270736) (Caroline Chisholm Ward)

DESCRIPTION Construction of a two storey dwelling and tree removal. The application has been accompanied by clause 4.6 exemption as the application seeks to vary clause 4.4 'floor space ratios' of PLEP 2011

REFERENCE DA/916/2011 - Submitted 23 December 2011

APPLICANT/S J Botros

OWNERS One Tree Hill Projects Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT

21^st february 2012

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as it seeks a variation of greater than 10% to the FSR control within Clause 4.4 of Local Environmental Plan 2011 and the application is accompanied by a clause 4.6 Exemption under LEP 2011.

EXECUTIVE SUMMARY

The application seeks approval for construction of a two storey dwelling house and tree removal on Lot 11 located in the residential estate known as ‘Illabunda’ which was endorsed by Council in Masterplan RZ/2/2006 on 10^th April 2007.

A request for exemption under clause 4.6 was lodged as the proposed development exceeds the maximum allowable floor space of 0:5:1. The applicant’s seeks a variation to the maximum floor space ratio control of Clause 4.4 of the Parramatta LEP 2011. The proposed dwelling has an FSR of 0.59:1.

Compliance with the floor space ratio control is considered to be unreasonable in this case for the following reasons: the proposal comprises the construction of a two storey dwelling on a small lot 425.3sqm and the Masterplan endorsed a building being located on this allotment with a FSR of 0.59:1.

The proposed dwelling does not adversely compromise the amenity of surrounding properties and it is considered the departure from the development standard in relation to floor space ratio is acceptable for the following reasons:-

· The development does not adversely compromise the amenity of surrounding properties with respect to privacy.

· The proposed dwelling incorporates varied side and rear setbacks, a low angled pitched roof and a maximum roof height of 7.6m reducing the bulk and scale of the dwelling when viewed from neighbouring lots (soon to be developed for the purposes of single storey dwellings to the north and two storey dwellings to the south).

· The dwelling as proposed will be consistent with the scale and form of future dwellings and the overall built environment which was envisaged when Council adopted the Masterplan in 2007 for the subdivision and construction of up to 18 residential dwellings with associated access roads, community facilities and landscaping, envisaging floor space ratio for sites within the development to range between 0.37:1 up to 0.93:1.

· The subject allotment at the Masterplan stage was envisaged to have a site area of 407sqm and an FSR of 0.59:1. The proposed site has an area of 425.3sqm and an FSR of 0.59: 1 and therefore is consistent with the desired character and built form intended for the allotment.

· The dwelling responds to the existing contour by being stepped back at all levels at the front façade and uses a variety of materials finishes to minimise the bulk and scale impacts.

· Overall the design of the proposal in relation to bulk and scale will not be excessive and is consistent with the existing locality and desired future character of the community title development, satisfying the underlying objectives of the clause.

No submissions were received in respect of this application.

The proposed development is consistent with the objectives contained in the Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011 and the desired future character envisaged under Masterplan RZ/2/2006 ‘Illabunda’. The dwelling has a satisfactory design, bulk and scale. There is sufficient landscaping and open space provided by the proposal. The new dwelling is appropriately sited without unduly impacting on the streetscape or amenity of future adjoining properties.

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

RECOMMENDATION

(a) That Council support the variation to Clause 4.4 ‘Floor Space Ratios’ of the PLEP 2011 under the provisions of clause 4.6.

(b) Further that Council as the consent authority grant development consent to Development Application No. DA/916/2011 for construction of a 2 storey dwelling and tree removal at 6/16 Buckleys Road, Winston Hills NSW 2153 for a period of five (5) years from the date on the Notice of Determination subject to conditions.

Michael Tully

Development Assessment Officer

Development Assessment Team

Attachments:

1 View	S79C Report	41 Pages
2 View	Locality map	1 Page
3 View	Plans	6 Pages
4 View	Masterplan Approved (RZ/2/2006) site plan	1 Page
5	Confidential Plans	4 Pages

REFERENCE MATERIAL

Council (Development) 12 March 2012 Item 9.1

MAJOR APPLICATION

ITEM NUMBER 9.1

SUBJECT 44 Sorrell Street, NORTH PARRAMATTA NSW 2151
(Lot 1 DP 999333) (Arthur Phillip Ward)

DESCRIPTION Alterations to a heritage listed building and use of the building as an architectural office (office premises).

REFERENCE DA/781/2011 - 4 November 2011

APPLICANT/S Design Cubicle

OWNERS Mrs A Georges

REPORT OF Manager Development Services

DATE OF REPORT

20^th February 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 to a heritage listed building and use of the building as an architectural office (office premises). The building was previously used as a dwelling house and is presently being used as an architectural office (without consent).

A heritage item of Local Significance is located on the Subject Site. The item is identified as “single storey residence” in the Parramatta Local Environmental Plan 2011. Heritage items are also located near to the site at 34, 38, 42, 50, and 52 Sorrell Street and 46, and 54 Grose Street and the site is located within the Sorrell Street Heritage Conservation Area.

Single storey extensions to the eastern rear section of the building have been carried out without the consent of Council and the use has commenced. The works cannot be considered under this application as retrospective approval for building works can not be granted. A Building Certificate (BC/67/2011) is currently before Council relating to these unauthorised works and at this time remains undetermined.

The works which are proposed in this current DA and not completed include the reinstallation of fire places/chimneys, reinstalation of Victorian multi-pane windows and Victorian doors, timber paling fencing, and construction of a front verandah to match historical records and some internal fitout works.

Office premises are prohibited in the R2 Low Density Residential zone. The applicant has requested that Council use the conservation incentives provision prescribed by Clause 5.10(10) of Parramatta Local Environmental Plan 2011 to allow the otherwise prohibited use of the building as an office premises. Clause 5.10(10) of Parramatta Local Environmental Plan 2011 has been satisfied and discussed within the attached report and it is considered that the use of the heritage item for office premises is appropriate when considered against the provisions of Clause 5.10(10) of the PLEP 2011.

The application has been reviewed by Council’s Heritage Advisor who has advised that the proposal is generally in keeping with Council’s controls and has raised no objections to the proposal on heritage grounds.

The proposed hours of operation of the office premises are Monday to Friday: 8.30am to 5.30pm, and closed Saturday and Sunday. The premises will have 5 employees.

In accordance with Council’s PDCP 2011, the proposal was advertised, with owners and occupiers of surrounding properties and Council’s Heritage Committee given notice of the application for a 21 day period between 16^th November 2011 and 7^th December 2011. In response 1 submission was received. The submission raised the issue of the proposed verandah and fence design. Amendments were made to the proposed verandah and fence design by the applicant addressing these issues.

The proposed development is generally consistent with the objectives contained within Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011.

Accordingly, the application is recommended for approval subject to conditions contained in Attachment 1. Of particular note are Condition Nos. 2 and 3 which require both the Building Certificate (BC/67/2011) to be determined and an Occupation Certificate to be issued for the building works approved by this Development Consent within 120 days of the determination of this Development Application. Should this not occur the use of the subject site for commercial purposes must cease immediately.

It is the recommendation of this report that enforcement action be taken for the carrying out of building works to a heritage item without consent and the continued use of the property without development consent.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. DA/781/2011 for alterations to a heritage listed building and use of the building as an architectural office (office premiess) at 44 Sorrell Street, NORTH PARRAMATTA NSW 2151 for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained within Attachment 1.

(b) That the person who lodged a submission be advised of Council’s determination of the application.

(c) That Council’s Development Control Unit monitor the site and review Council’s records 120 days after the date of determination to ensure the applicant complies with Condition Nos. 2 and 3 of the conditions of consent contained with Attachment 1. If conditions are not complied with, legal action should commence to restrain the breach of consent.

(d) Further, that Council’s Development Control Unit commence legal action for the offence of carrying out building works to a heritage item without consent and commencing a prohibited use of the site without development consent.

David Little

Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 79c Report	40 Pages
2 View	Locality Plan	1 Page
3 View	Architectural Plans	8 Pages
4 View	Heritage Impact Statement	8 Pages
5 View	Conservation Management Plan	63 Pages
6	Heritage Related Correspondence	6 Pages

Council (Development) 12 March 2012 Item 9.2

MAJOR APPLICATIONS

ITEM NUMBER 9.2

SUBJECT 58 O'Connell Street - Parramatta NSW 2150
Lot 1 DP 900803 ( Arthur Phillip Ward)

DESCRIPTION Section 96(1a) application to modify condition 13 ( payment of a monetary contribution for mitigation of the loss of low rental bedrooms) arising from strata subdivision of the building.

REFERENCE DA/174/2011/A - lodged 14 December 2011

APPLICANT/S Byrnes PDM Pty Ltd

OWNERS Classy Business Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT 6 february 2012

REASON FOR REFERRAL TO COUNCIL

NOTE: This report was deferred from the Council Meeting on 27 February 2012.

Application seeks to modify a Development Consent determined by the elected Council and the condition being modified was subject to debate when Council previously considered the application.

EXECUTIVE SUMMARY

Council on 10 October 2011 granted consent to the Strata subdivision of a residential flat building at 58 O’ Connell Street containing 10 units. The provisions of SEPP Affordable Rental Housing (ARHSEPP 2009) were considered in the assessment of the application as the strata subdivision is going to result in the loss of affordable housing.

The Section 96 application seeks to modify condition 13. Condition 13 currently reads:

“A monetary contribution of $95,760 for mitigation of the loss of low-rental bedrooms is to be paid. The contribution is to be paid to the Chief Executive, Housing NSW, Department of Human Services. The evidence of such a payment is to be submitted to the Council prior to the issue of a subdivision certificate.”

The applicant seeks to modify this condition by seeking to quarantine not less than three (3) of the two (2) bedroom units for affordable housing (low rental) for a period of not less than 5 years from the date of registration by way of a positive covenant. This would be in lieu of the payment of $ 95,760 to Housing NSW and is suggested by the applicant as they believe the strata subdivision does not result in any loss of low cost rental housing.

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

The proposed modification would not comply with the requirements of ARHSEPP (2009) and contravenes the Ministerial directions issued under section 94G (3) (b) of the EP& A Act 1979. The request to modify the condition is also not supported by Council’s Social Outcomes group .The proposed modification is therefore recommended for refusal.

RECOMMENDATION

Pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979

That Council not support the request to modify condition 13 for the following reasons:

1. The proposed modification does not comply with the requirements of State Environmental Planning Policy (Affordable Rental Housing) 2009.

2. The proposed modification would not comply with the Ministerial directions issued under Section 94G (3) (b) of the Environmental Planning and Assessment Act 1979.

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

Sasi Kumar

Senior Development Assessment Officer

Attachments:

1 View	Section 79C Report	15 Pages
2 View	Location Plan	1 Page
3 View	Section 79C report for DA/174/2011	30 Pages
4 View	Determination Notice for DA/174/2011	5 Pages
5 View	Ministerial Direction	1 Page

Council (Development) 12 March 2012 Item 11.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER 11.1

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D02274045

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

PS08-014 issued by the NSW Department of Planning, there were four (4) development applications determined where there has been a variation in standards under SEPP 1 or similar provisions under the Standard Instrument, during the period February 2012.

Louise Kerr

Manager Development Services

Attachments:

1 View

Development Application Variations under SEPP 1 - February 2012

1 Page

REFERENCE MATERIAL

Council (Development) 12 March 2012 Item 11.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 11.2

SUBJECT Finalisation of Planning Proposal - Old Kings School Site

REFERENCE RZ/7/2011 - D02278019

REPORT OF Senior Project Officer

PURPOSE

The purpose of this report is to advise Council of the outcomes of the public exhibition of the Planning Proposal to amend the Parramatta City Centre Local Environmental Plan (CCLEP) 2007 to allow a re-distribution of the maximum allowable floor space ratio and height limits on the former Kings School site. The report also seeks Council’s resolution to finalise the Planning Proposal and refer it to the Department of Planning and Infrastructure for the making of the LEP amendment.

RECOMMENDATION

(a) That Council consider the submissions received to the public exhibition of the Planning Proposal as outlined in this report.

(b) Further, that Council make no changes to the Planning Proposal and refer the Planning Proposal, as exhibited, to the Department of Planning & Infrastructure for the making of the amendment to the Parramatta City Centre LEP 2007.

BACKGROUND

1. Council endorsed a Planning Proposal for the former Kings School site in Parramatta, lodged by the Crown Lands Reserve Trust, at its meeting on 5 December 2011.

2. The Planning Proposal (Attachment 1) seeks to amend the CCLEP to allow a re-distribution of the maximum allowable floor space ratio and height limits on the site at 24-26 O’Connell Street (corner of Victoria Road) and 3 Marist Place, Parramatta.

3. An L-shaped portion of the north western corner of the site has been identified for purchase by the Catholic Diocese of Parramatta (the Church) for the future development of education and community uses in conjunction with the Church’s adjoining facilities. This would be achieved by subdividing the land to create a new L- shaped portion of land with an area of 5,874 sqm. The remainder of the Crown site would contain the buildings of heritage significance for community, adaptive reuse of heritage and recreational uses. The area of the Crown site would be 27,760sqm (2.776ha). The re-distribution of floor space ratio and height limits is proposed to align with the proposed subdivision.

4. Separate to this Planning Proposal, the proposed subdivision and future development of the “L” shaped site created by the subdivision will require approvals involving the Heritage Council under the Heritage Act 1977 and from Parramatta City Council under the CCLEP 2007 (together with the Parramatta Development Control Plan 2007).

5. Council at its meeting on 5 December 2011 also resolved to seek a commitment from the Minister for Lands that any money received from the sale of a portion of the site be channelled back to the remaining Crown land. A response from the Minister is still awaited.

6. The Planning Proposal received Gateway determination on 12 January 2012. A copy of the Gateway Determination is at Attachment 2.

PUBLIC EXHIBITION

7. The Planning Proposal was publicly exhibited in accordance with the Gateway Determination, including a copy of the preliminary comments in a letter dated 13 December 2011 from the Heritage Council (Attachment 3) and a copy of the Heritage Impact Assessment prepared by the Government Architects Office (Attachment 4).

8. Formal comments during the public exhibition period were sought from the Heritage Office, but a response was not received. However, the concerns raised in the Heritage Office letter dated 13 December 2011 have been considered and commented on in this report (Attachment 5).

9. One submission was received as a result of the public exhibition and is summarised and addressed in Attachment 5. The submission raises concerns about the FSR and height controls for the proposed “L “ shaped site and the potential impact on the heritage significance of the Old Kings School site; impact on historic city views; the zoning of the oval and foreshore land; the proposed right of way under the subdivision and future vehicular access to the site; desire for a development control plan amendment to include the Conservation Management Plan endorsed by the Heritage Council and comments about potential future uses for the Old Kings school site.

ISSUES

10. The site is listed on the State Heritage Register and as an item of State significance under the Parramatta City Centre LEP 2007 (CCLEP). The Planning Proposal will facilitate a proposed subdivision and provide development potential for the “L “shaped site. Separate to the Planning Proposal, the subdivision and future development of the site will require approvals under the NSW Heritage Act 1977 and under the Parramatta City Centre LEP 2007 (together with the Parramatta DCP 2007).

11. Future development applications will be required to demonstrate by way of heritage impact assessment that development proposed on the L-shaped site by the Church is acceptable from European, Aboriginal and archaeological heritage viewpoints and will not adversely affect the significance of heritage items or archaeological sites on both the former Kings School and also the Church’s existing heritage listing of St Patrick’s Cathedral, presbytery and precinct, which is also of State heritage significance. They will also require consideration of historic city views.

12. The longer term future of the Old Kings School site as a community facility is seen to be a considerable public benefit arising from the Planning Proposal. The potential created for expansion of the Catholic Church’s community, education and religious facilities is also recognised as a public benefit arising from the Planning Proposal.

13. The Government Architects Office Heritage Impact Assessment Report (Attachment 4) has assessed impacts and options and concludes that the subdivision represented in the Planning Proposal is the best means of minimising heritage impacts. It also indicates that ongoing heritage and archaeological advice will be required for both of the allotments formed as part of the subdivision to inform future development.

CONCLUSION

14. The Planning Proposal redistribution of FSR and the minor adjustment of the height boundary are supported as a means of facilitating the potential subdivision and future development of the site. Such development will require separate approval processes that must ensure that the heritage significance of the site is preserved.

PROCESS - NEXT STEPS

15. Subject to Council’s consideration of submissions to the public exhibition of the Planning Proposal as outlined in this report and the finalisation of the Planning Proposal also as recommended in this report, the Planning proposal will be referred to the Department of Planning and Infrastructure for its final consideration and the making of the amendment to the CCLEP by the Minister.

Sue Stewart

Senior Project Officer

Land Use Planning

Attachments:

1 View	Crown Lands Reserve Trust - Planning Proposal, November 2011	34 Pages
2 View	Gateway Determination	3 Pages
3 View	Heritage Council 13 December 2011	4 Pages
4 View	Government Architects Heritage Impact Assessment	27 Pages
5 View	Summary of Submissions and Comments	2 Pages

REFERENCE MATERIAL

None.