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 June 2012

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council (Development) - 28 May 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 19/5-7 Kleins Road Northmead
(Lot 19 SP 86116) (Arthur PhillipWard )

8.2 179 Bungaree Road, Pendle Hill
(Lot 5 DP 14077) (Arthur Phillip Ward)

8.3 Part of the Fennell Street Carpark, 431 Church Street, Parramatta NSW 2150
(Lot 1 DP 998949, Lots A-B DP 159311, Lots 1-3 DP 436171, Lot 7 DP 843045, Lot 1 DP 998949) (Arthur Phillip Ward)

9 Reports - Major Applications

9.1 3 Ferndell Street , South Granville NSW 2142
LOT 2 DP 530345
( Woodville Ward)

9.2 70 Wigram Street, Harris Park (Lot C DP 395244)(Elizabeth Macarthur Ward)

9.3 317-319 Kissing Point Road, DUNDAS NSW 2117
Lot B DP 391925 (Elizabeth Macarthur Ward)

9.4 5 Lexington Avenue Eastwood (Lot 9 DP 9950) (Lachlan Macquarie Ward)

9.5 59 Kirby Street, Rydalmere
(Lot 20 DP 855339) (Elizabeth Macarthur Ward)

9.6 1-5 Chestnut Avenue & 6-8 Burke Street, Telopea
(Lot 101 DP 36691, Lot 102 DP 1691, Lot 103 DP 36691, Cor Lot 124 DP 36691 & Lot 123 DP 36691) (Elizabeth Macarthur Ward)

9.7 17-19 Soudan Street, Merrylands
(Lot 1 DP 112379 & Lot 1 DP 659694 Lot 12 DP 112924 & Lot 2 DP 661377) (Woodville Ward)

9.8 V by Crown Development, 45-47 Macquarie Street and 134-140 Marsden Street Parramatta

10 Notices of Motion

10.1 Amendment to policy regarding timing of site meetings

11 Economy and Development

11.1 Variations to Standards under SEPP 1

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.

11.2 Tender 29/2011 Lennox Street Car Park

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

11.3 Tender 4/2012 Macquaire Street Car Park

13 DECISIONS FROM CLOSED SESSION

14 QUESTION TIME

Council (Development) 12 June 2012 Item 8.1

DOMESTIC APPLICATION

ITEM NUMBER 8.1

SUBJECT 19/5-7 Kleins Road Northmead
(Lot 19 SP 86116) (Arthur PhillipWard )

DESCRIPTION Occupation of Unit 19 as a pizza cafe

REFERENCE DA/106/2012 - Submitted 23 February 2012

APPLICANT/S Mr J A Karam

OWNERS Kleins Road Developments Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT

16 May 2012

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as two (2) petitions containing seventeen (17) signatures were received during the notification period

EXECUTIVE SUMMARY

The application seeks approval for the occupation of unit 19 as a pizza café. The tenancy is located on the ground floor of a part 3/ part 4 storey mixed use development that contains 3 commercial tenancies and 18 residential units.

The application includes an internal fitout comprising of kitchen equipment, tiling, ceiling finishes, lighting and joinery. The application proposes 34 seats with 8 tables and will employ up to four staff. The site provides three car parking spaces in the basement for use by staff. Street parking (unrestricted and restricted) is available for visitors and deliveries to the pizza shop. The report recommends that seating in the café be limited to 20 seats, in line with a local café providing services to the local surrounding area and to address local parking concerns.

The proposed hours of operation are Monday to Wednesday 5:00 pm to 10:00 pm and Thursday to Sunday 12 noon to 10:00 pm. The hours are considered to be responsive to the surrounding residential uses and similar to other businesses located in the neighborhood centre.

The use is defined as “food and drink premises” and is permissible under the B4 Mixed Use zoning applying to the land.

The application was advertised and notified in accordance with Appendix 5 of DCP 2011 to owners and occupiers of surrounding properties for a 21 day period between 7 March and 28 March 2012. In response two (2) petitions were received containing seventeen (17) signatures. The issues raised in the petitions relate to concerns about lack of parking in Kleins Road and air pollution from the mechanical ventilation system. These issues have been fully considered in the 79C report attached and do not warrant refusal of the proposed development.

The proposal is consistent with the objectives of the Parramatta Local Environmental Plan 2011, Parramatta Development Control Plan 2011 and the objectives of the B4 Mixed Use zone.

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

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. DA/106/2012 for the occupation of Unit 19 as a pizza cafe at 19/5-7 Kleins Road, NORTHMEAD NSW 2152 for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained in attachment 1.

(b) Further that, persons who made an individual submission and the head petitioners be advised of Council’s decision

Emily Dickson

Development Assessment Officer

Attachments:

1 View	Section 79C Report	29 Pages
2 View	Locality Map	1 Page
3 View	Plans	11 Pages

Council (Development) 12 June 2012 Item 8.2

DOMESTIC APPLICATION

ITEM NUMBER 8.2

SUBJECT 179 Bungaree Road, Pendle Hill
(Lot 5 DP 14077) (Arthur Phillip Ward)

DESCRIPTION Use of part of an existing dwelling as a home business for therapeutic and remedial massage.

REFERENCE DA/143/2012 - 9 March 2012

APPLICANT/S Mr H Gonzales

OWNERS Mr H and Mrs M C Gonzales

REPORT OF Manager Development Services

DATE OF REPORT 16 May 2012

REASON FOR REFERRAL TO COUNCIL

The application is being referred to Council for determination as the application seeks approval for use of part of an existing dwelling as a home business for therapeutic and remedial massage.

EXECUTIVE SUMMARY

The application seeks approval to use of part of an existing dwelling as a home business for therapeutic and remedial massage comprising 3 curtain partitioned booths. The proposed hours of operation are between 6pm to 9pm Monday to Friday and 9am to 5pm on weekends. Initially there will be 1 staff member on site who is a resident of the dwelling. Although it is stated by the applicant that this may be expanded to 3 employees in the future.

Two submissions were received in response to the notification of the application outlining concerns relating to there be insufficient off street parking and that the use may become a brothel.

The use is defined as a ‘home business’ and is permissible in the R2 Low Density Residential zone applying to the land. The development satisfies the objectives contained within Council’s LEP 2011 and DCP 2011.

The application was referred to Council’s Community Crime Prevention Officer who raised no objection to the application subject to the imposition of a trial period of 2 years.

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, specifically prohibit the use of the premises for sexual services and require the operator of the business to provide details of all relevant insurance related documents prior to the use commencing.

The proposed use is appointment based and will involve a maximum of three clients at a time. The applicant has stated that the use will involve client bookings to ensure that there is no overlap of customers.

There is sufficient parking on the street for customers and within the site itself to accommodate resident’s vehicles as well as two customer vehicles on the approved driveway. In this regard one of the residents of the dwelling is the employee whose vehicle is parked in the double garage on site, leaving two spaces available for customers to be parked in a stacked arrangement in front of the garage. Further there is sufficient unrestricted parking on Bungaree Road within close vicinity of the site. The applicant has stated that a further two employees may be utilised should the business become successful (it is noted the definition of ‘home business’ under the PLEP 2011 allows for the employment of two persons other than the residents of the dwelling). Should this be the case it is considered there is sufficient on street parking availability on Bungaree Road to also accommodate staff parking demand.

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

RECOMMENDATION

(a) That Development Application 143/2012 to use of part of an existing dwelling as a home business for therapeutic and remedial massage on land at 179 Bungaree Road, Pendle Hill be approved subject to the conditions of consent in Attachment 1 of this report.

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

Maya Sarwary

Senior Development and Certification Officer

Attachments:

1 View	Section 79C Report	16 Pages
2 View	Location Map	1 Page
3 View	Plans	2 Pages

Council (Development) 12 June 2012 Item 8.3

DOMESTIC APPLICATION

ITEM NUMBER 8.3

SUBJECT Part of the Fennell Street Carpark, 431 Church Street, Parramatta NSW 2150
(Lot 1 DP 998949, Lots A-B DP 159311, Lots 1-3 DP 436171, Lot 7 DP 843045, Lot 1 DP 998949) (Arthur Phillip Ward)

DESCRIPTION Section 96(2) modification to an approved mobile food van (Harry's Cafe de Wheels) seeking the following:
1. Deletion of condition 2 which restricted trade to a maximum of 24 months; and
2. Modification of condition 34 to increase hours of trade to be from 9am to 12 Midnight, Sunday - Thursday and 9am to 2am, Friday & Saturday.

REFERENCE DA/523/2008/B - Submitted 22 December 2011

APPLICANT/S M Sahyoun

OWNERS Parramatta City Council

REPORT OF Manager Development Services

DATE OF REPORT 24 May 2012

REASON FOR REFERRAL TO COUNCIL

The previous development applications (DA/523/2008 and DA/523/2008/A) were determined by Council on 9 June 2009 and 14 March 2011, respectively and the application relates to land that Council owns

EXECUTIVE SUMMARY

The previous development applications (DA/523/2008 and DA/523/2008/A) were determined by Council on 9 June 2009 and 14 March 2011, respectively and the application relates to land that Council owns

EXECUTIVE SUMMARY

The current modification application seeks to remove the 24 month time limit on the consent and to permanently increase the hours of operation to between 9am and midnight on Sundays to Thursdays and between 9am and 2am on Fridays and Sundays No changes are sought to the layout or operation of the premises, other than in relation to the hours of use.

Five submissions to the application have been received raising concerns with ongoing noise from the use, attraction of clients who exhibit anti-social and/or criminal behaviour, littering and operation in breach of several conditions of consent which were designed to mitigate impacts upon the amenity of the residents within the area. In addition seven Service Requests have been logged in respect of the operation of the business and specifically in relation to noise generated and operation beyond the approved hours.

The existing use is defined as a takeaway food and drink premises and is permissible in the B4 zone, but prohibited in the SP2 zone of Parramatta City Centre Local Environmental Plan 2007 (PCCLEP). However, pursuant to clause 26 a use may be permitted where that use is permitted on adjoining zoned land prior to the land becoming a classified road, and as such the existing use is permitted with consent. The proposal is generally consistent with the provisions PCCLEP and Parramatta City Centre Development Control Plan.

It is in the public interest that a balance be achieved between the desire to continue what is otherwise an appropriate temporary use of the subject site until the road widening occurs and the need to maintain a reasonable level of amenity for residents in the immediate vicinity of the site.

It is apparent from the record of noise complaints and the submissions received to this application, together with the research and surveillance carried out by Council’s Community Crime Prevention Officer and Regulatory Services staff, that the balance has not been achieved during the time limited consent, which was effectively a trial period for the operator. It is therefore considered appropriate to grant consent on a further trial basis of 6 months. This would effectively extend the operation of the business until 9 December 2012, at which time a further s96 application could be lodged seeking approval for a non time limited consent. Subject also to further conditions relating to security measures and hours of operation, this would give the operator an opportunity to demonstrate good will and an ability to operate in accordance with their consent conditions, while mitigating adverse impacts on residents.

Accordingly, the application is recommended for approval subject to a 6 month trial period and additional conditions of consent relating to the provision of CCTV, on-site security and hours of operation of 9am – 10pm seven days a week.

RECOMMENDATION

(a) Pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979;

That Council as the consent authority, modify development consent DA/523/2008 for an approved mobile food van seeking deletion of a 24 month trial period restriction and to increase the hours of operation, subject to the following:-

Restricted consent period

Conditions 2 is to be deleted and replaced with the following condition.

2. This development consent is valid until 9 December 2012. At the end of this period the development must cease and all structures must be removed from the land and any damage to the bitumen seal of the site is to be repaired.

Note: The Council may, upon receiving an application under Section 96 of the Environmental Planning and Assessment Act 1979 (EP&A Act), prior to the lapse date of this consent extend the period in which this consent is valid.

Any application under Section 96 of the EP&A Act should be made to Council at least 3 months prior to the lapse date of the consent in order to allow adequate processing/ assessment of the application. This application must be on the prescribed form. Any application received after the lapse date cannot be considered, as the consent must be valid for any application under Section 95A of the EP&A Act to be approved.

Reason: To ensure that road works to Church Street are not unduly delay.

Operating hours

Condition 34 is to be amended as follows:

34. The days and hours of operation are restricted to 9am to 10pm seven days a week only. Any alterations to the above will require further development approval.

2. Reason: To minimise the impact on the amenity of the area.

The following conditions are to be added to the consent.

42. All external speakers and audio equipment capable of amplifying sound be removed.

43. A licensed security company be engaged and a security plan to deal with anti-social behaviour by patrons be submitted to the community crime prevention officer for approval within 1 month of this modification of consent. The applicant is to provide evidence to council that the approved security plan is operating every three months from the date of approval.

44. CCTV cameras capable of monitoring a 10 metre radius 360 degrees of the caravan is to be installed. CCTV should be a digital system capable of recording images for face recognition @ 5 metres as outlined in Australian Standard AS 4806.2-2006. Images should be retained for a minimum of 30 days before deletion and be made available to NSW Police or Parramatta City Council upon written request.

All other conditions of consent of DA/523/2008 and DA/523/2008/A are to remain.

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

(c) That the application be referred to Council’s Regulatory Services Unit to undertake inspections of the premises over the next 6 months on a random basis to monitor compliance with conditions of consent.

Kerry Gordon

Kerry Gordon Planning Services Pty Ltd

Attachments:

1 View	Section 79C Report	15 Pages
2 View	Locality Map	1 Page
3 View	Plans	1 Page
4 View	Photographs	1 Page

Council (Development) 12 June 2012 Item 9.1

MAJOR APPLICATION

ITEM NUMBER 9.1

SUBJECT 3 Ferndell Street , South Granville NSW 2142
LOT 2 DP 530345
( Woodville Ward)

DESCRIPTION Occupation of premises as a place of public worship with internal alterations and additions.

REFERENCE DA/758/2011 - 31 October 2011

APPLICANT/S Bukhari House Association

OWNERS Bukhari House Association Incorporated

REPORT OF Manager Development Services

DATE OF REPORT 17 May 2011

REASON FOR REFERRAL TO COUNCIL

This application is referred to Council for determination as the proposal is for a place of public worship.

EXECUTIVE SUMMARY

The application seeks approval for alterations and additions to an existing building and the occupation of the building for use as a place of public worship.

Details of the proposal are as follows:

· The conversion of an existing industrial building to a place of worship, incorporating a main prayer hall and other ancillary elements including amenities, kitchen, study space, library, storage, offices etc. The conversion involves internal demolition, alterations and additions.

· Provision of accessible ramp as part of the existing front entry.

· Retention of the existing hard stand areas for 156 car parking spaces and storage.

· The proposed capacity is for a maximum of 400 worshippers.( This is generally only at Friday midday prayer and during Ramadan as amended by applicant)

· The proposed hours of operation are 7 days a week;

Morning prayer: 5am to 6 am

Noon prayer: 12 pm to 1 pm

Afternoon prayer: 3pm to 4 pm

Sunset prayer: 5pm to 6 pm

Night prayer: 7:30pm to 8:30pm

In the month of Ramadan an additional prayer that lasts for 1 hour after the last prayer is proposed. Therefore the Mosque is proposed to be open until 9:30pm during that time. The Ramadan month varies depending on the Islamic calendar.

No additional times have been proposed for any teaching or use of the library. The subject site is not currently occupied or used for any other approved activity. The proposed use of the site as a place of worship has yet to commence.

The subject site is zoned IN1 General Industrial under PLEP 2011. A place of public worship is a permissible land use under the zoning provisions of PLEP 2011. The proposed development has a useable floor space of approximately 1471m²with the building proposed to accommodate a maximum 400 worshippers.

The application was notified in accordance with Appendix 5 of PDCP 2011 and 4 individual submissions were received in response to the notification of the application. Majority of the issues raised within the submissions relate to traffic and car parking. The issues raised within the submissions do not warrant refusal of the application. The issues have been discussed in detail within the Section 79C assessment report contained in Attachment 1.

The proposed development is consistent with the objectives contained in the Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011. The proposed place of public worship is appropriately sited within an industrial area without unduly impacting on the amenity of any residential properties. The application is therefore recommended for approval subject to the imposition of appropriate conditions.

RECOMMENDATION

(a) That Development Application No. DA/758/2011 for the alterations and additions to an existing building and occupation of the building for use as a place of public worship for a maximum of 400 people on land at 3 Ferndell Street, South Granville be approved subject to conditions of consent as outlined in Attachment 1.

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

Sasi Kumar

Senior Development Assessment Officer

Development Services

Attachments:

1 View	Section 79 C Report	43 Pages
2 View	Locality Map	1 Page
3 View	Site Plan, Ground floor plan , Elevations and Cross Sections	6 Pages
4 View	Plan of Management	7 Pages

Council (Development) 12 June 2012 Item 9.2

MAJOR APPLICATION

ITEM NUMBER 9.2

SUBJECT 70 Wigram Street, Harris Park (Lot C DP 395244)(Elizabeth Macarthur Ward)

DESCRIPTION Fit out and use as a restaurant.

REFERENCE DA/887/2011 - DA/887/2011

APPLICANT/S Mr D Bhardwaj

OWNERS Dr R Parkawk

REPORT OF Manager Development Services

DATE OF REPORT 17 May 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 fit out and use of an heritage item as a restaurant, including an awning located at the rear and outdoor dining. The building was previously used as a graphic design studio. It is noted that approval was originally sought for door way access to the adjoining restaurant at 68 Wigram Street. Amended plans submitted on 27 January 2012 indicate that this connection has been removed and the application proposes modifications to 70 Wigram Street only.

The site is zoned R2 Low Density and is identified as being an heritage item of Local Significance under Parramatta Local Environmental Plan 2011 and is also located in the Harris Park West Conservation area.

The application proposes a total of 76 seats comprising 12 outdoor seats within the front setback along Wigram Street , 20 indoor seats and 44 outdoor seats located at the rear of the site under the proposed awning.

Restaurants are prohibited in the R2 Low Density Residential zone. The applicant is relying on 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 a restaurant. Clause 5.10(10) of Parramatta Local Environmental Plan 2011 has been satisfied and it is considered that the use of the heritage item for a restaurant is appropriate when considered against the provisions of Clause 5.10(10) of the PLEP 2011.

One loading space is provided off the rear laneway, but no other on site parking is provided. Under the provision of DCP 2011, 15 on site parking spaces are required. The requirement of 15 on site car parking spaces cannot be achieved given the site has an area of 277m² and contains a heritage item of local significance. This issue has been discussed further in the Section 79C Report (Attachment 1).

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, subject to conditions.

The proposed hours of operation of the restaurant are 10:00am to 10:00pm, 7 days a week. The Restaurant Noise Assessment submitted with the application does not consider the outdoor dining at the rear of the site and the assessment is based on indoor dining and the outdoor dining fronting Wigram Street only. Due to the close proximity of residential development to the rear outdoor dining the hours of operation of the rear outdoor dining will be limited to 10am to 5pm, 7 days.

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 11 January and 1 February 2012. In response one submission was received. The submission raised the issue of privacy, noise, waste and parking and is addressed in the Section 79C Report (Attachment 1).

A service request was lodged on 21 March 2012 regarding unauthorised works to the site including the partial construction of a kitchen, new toilets and new paint to the façade; however the use has not commenced. A full list of unauthorised works is included in Attachment 1. The Service Request is still under investigation. It is noted that further works as proposed under this development application are required to be carried out prior to the use commencing.

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.

RECOMMENDATION

(a) That the Council as the consent authority grant development consent to Development Application No. DA/887/2011 for fitout and use as a restaurant including internal fitout works and construction of an awning over outdoor seating at 70 Wigram Street, HARRIS PARK NSW 2150 for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained in Attachment 1.

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

Ashleigh Matta

Development Assessment Officer

Attachments:

1 View	S79c Report	30 Pages
2 View	Locality Map	1 Page
3 View	Plans	8 Pages
4 View	Heritage Impact Statement	16 Pages

Council (Development) 12 June 2012 Item 9.3

MAJOR APPLICATION

ITEM NUMBER 9.3

SUBJECT 317-319 Kissing Point Road, DUNDAS NSW 2117
Lot B DP 391925 (Elizabeth Macarthur Ward)

DESCRIPTION Section 82A review of determination of the refusal of DA/847/2010 for demolition, tree removal and construction of a multi-unit dwelling development containing 7 townhouses over basement car parking.

REFERENCE DA/847/2010 - S82 submitted 6 December 2011

APPLICANT/S Mr E Hassib

OWNERS Mr E Hassib, Mrs W Hassib, Mr M Y Hassib and Mrs M Hassib

REPORT OF Manager Development Services

DATE OF REPORT 21^st May 2012

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as it is an application made under Section 82A of the Environmental Planning and Assessment Act, 1979.

EXECUTIVE SUMMARY

This Section 82A Review application seeks Council’s reconsideration of its refusal to grant consent for demolition, tree removal and construction of a multi-unit dwelling development containing 7 townhouses over basement car parking.

The original development application was refused by Council on 11 July 2011 for the following reasons:

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

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

3. The proposed development is inconsistent with the aims and objectives of the Residential 2B zoning under PLEP 2001 given the poor streetscape presentation and as such is not considered to maintain suitable residential amenity to adjoining sites.

4. The proposed development is inconsistent with the definition for "attics"" of the Parramatta Local Environmental Plan 2001 as the attics for Units 5 and 6 are over 25sqm in area.

5. The proposed development is inconsistent with the requirements of Parramatta DCP 2005. The development does not comply with the design standards for height, side setback, development on sloping land, landscaping, communal open space, streetscape, fences, built form and massing, attics, building façade and articulation, roof form, solar access, internal amenity and waste management.

6. The proposal is not in the public interest.

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

The request for a review has been made within 12 months of the determination of the application, however determination is now required as the 12 month review period will expire on 11 July 2012.

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

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

· Reduction in attic sizes;

· Alteration to the roof design;

· Alterations to the elevations of the development;

· Altered landscape plan;

· Altered building foot print;

· Internal layout changes.

As discussed in the attached Section 79C assessment report, the amended plans address the previous reasons for refusal.

The original development application was refused as its design and built form was unable to be supported. The amended design has addressed these deficiencies and is supported by Council’s Design Team.

The site is zoned R2 and multi-unit housing is prohibited. As the application was lodged prior to the PLEP 2011 being gazette, the application can be approved. It is noted that the development site is adjoined to the north and south by townhouses.

A deferred commencement condition is required for the provision of a drainage easement running through the downstream properties to drain the site, connecting into Council’s existing stormwater system in the street.

Three submissions were received following notification of the Section 82A Review. The issues raised in the public submissions are considered in the attached Section 79C assessment report.

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

RECOMMENDATION

(a) That Council change its previous determination of DA/847/2010 and grant a deferred commencement consent to Development Application DA/847/2010 for demolition, tree removal and construction of a multi-unit dwelling development containing 7 townhouses over basement car parking at 317-319 Kissing Point Road, DUNDAS NSW 2117 for the reasons contained in Attachment 1 of this report.

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

David Little

Development Assessment Officer

Development Assessment Team

Attachments:

1 View	Section 79c Report	68 Pages
2 View	Locality Plan	1 Page
3 View	Original Refusal Determination Notice	3 Pages
4 View	Original Section 79C Report	36 Pages
5 View	Section 82A Review Plans	6 Pages
6	Section 82A Review Confidential Internal Resident Plans	2 Pages

Council (Development) 12 June 2012 Item 9.4

MAJOR APPLICATION

ITEM NUMBER 9.4

SUBJECT 5 Lexington Avenue Eastwood (Lot 9 DP 9950) (Lachlan Macquarie Ward)

DESCRIPTION Demolition, tree removal and construction of a two storey attached dual occupancy development.

REFERENCE DA/34/2012 - Lodged 18 January 2012

APPLICANT/S Mr H Zhang

OWNERS Mrs N F Steele

REPORT OF Manager Development Services

DATE OF REPORT

23 May 2012

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council due to the number of submissions received.

EXECUTIVE SUMMARY

The application seeks development consent for the demolition of all existing structures on the site, tree removal, construction of a 2 storey attached dual occupancy development, front fence and Torrens title subdivision.

The subject site is zoned R2 Low Density Residential under Parramatta Local Environmental Plan 2011. The proposed dual occupancy is permissible under Parramatta Local Environmental Plan 2011.

The application was notified in accordance with Council’s Notification Policy, with 20 objections received. The objections relate primarily to issues relating to privacy, overshadowing, streetscape 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 12 February 2012. Modifications include reduced finished floor levels, reduced overall height, modified front façade and removal of first floor rear 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 and additional issues. The issues are addressed in the Section 79C Assessment Report (Attachment 1) and do not warrant refusal of the application.

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

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 Council as the consent authority grant development consent to Development Application No. DA/34/2012 for demolition, tree removal and construction of a two storey attached dual occupancy development with front fence and Torrens title subdivision at 5 Lexington Avenue, EASTWOOD NSW 2122 for a period of five (5) years for physical commencement to occur from the date on the Notice of Determination subject to the following conditions

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

Ashleigh Matta

Development Assessment Officer

Attachments:

1 View	Section 79C Report	45 Pages
2 View	Locality Map	1 Page
3 View	Plans	8 Pages
4	Plans (Confidential)	2 Pages

Council (Development) 12 June 2012 Item 9.5

MAJOR APPLICATION

ITEM NUMBER 9.5

SUBJECT 59 Kirby Street, Rydalmere
(Lot 20 DP 855339) (Elizabeth Macarthur Ward)

DESCRIPTION Fitout and use of premises for manufacture, warehousing and distribution of pharmaceutical products with associated fencing and signage.

REFERENCE DA/114/2012 - Lodged 27/2/12

APPLICANT/S Kirbymere Pty Ltd

OWNERS IWPE Nominees Pty Limited

REPORT OF Manager Development Services

DATE OF REPORT

21 May 2012

REASON FOR REFERRAL TO COUNCIL

Twenty (20) submissions

EXECUTIVE SUMMARY

The development application seeks approval for the fit out and use of the premises for manufacture, warehousing and distribution of pharmaceutical products with associated fencing and signage.

The proposal generally complies with all relevant development standards and applicable Council planning controls.

Perusal of the relevant development history of the site and submissions from neighbours have disclosed that previous owners of the site may have had an adverse impact on neighbouring amenity particularly with regard to delivery vehicles and noise.

The subject development provides for a similar use (pharmaceutical company) that was previously approved under Development Consent No. DA/960/2004. An investigation into this consent has found that relevant conditions may not have adequately managed the amenity impacts of the proposed use.

This recommendation contains conditions of consent which adequately manage the amenity impacts of the proposed use, resulting in a development with a reduced amenity impact from that previously approved.

The application is recommended for approval, subject to conditions.

RECOMMENDATION

(a) That the recommendation should present the authors informed opinions, suggestions, possible actions to be taken, applications and recommendations arising from a rational consideration of the discussion and conclusions.

(b) Further, that by placing the recommendation at the front of the report, it should be used in the direct order of information/sequence for an informed reader. The direct order focuses the reader’s attention on the conclusions and recommendations first.

SITE & LOCALITY

The site is irregularly shaped with an approximate site area of 15,700m². The site is located on the eastern side of Kirby Street between Patterson Street and Upjohn Park.

Existing improvements on site include:

· A 3 storey office building.

· A large scale warehouse with mezzanine level and two loading bays.

· A two storey detached former residence (current heritage item) known as ‘Upjohn House’ with a detached garage/storage outbuilding.

· Off street car parking in the form of 107 hardstand car spaces, including 2 disabled car spaces.

The site forms part of one of two isolated industrial sites to the west of Silverwater Road. The site has been vacant since approximately September 2011.

Immediately adjoining to the north of the site is Upjohn Park and the associated hardstand Council car park. As the site is a relatively isolated industrial site the prevailing development contains low scale detached residential dwellings. The eastern boundary of the subject site shares a common boundary with the rear boundaries of dwellings (approximately 11) on the western side of Ulm Street. Dwellings on the western side of Ulm Street are generally single storey and detached.

Development to the north - west of the site and opposite the street on the western side of Kirby Street also predominately contain single storey detached residential dwellings, it being noted that 77 Kirby Street contains a town house development with approximately 6 dwellings.

STATUTORY CONTROLS

The site is zoned IN1 General Industrial. The proposed development is permissible in the zone.

The relevant environmental planning instruments and Council planning policy is provided below:

· Environmental Planning and Assessment Act, 1979

· State Regional Environmental Plan (Sydney Harbour Catchment) 2005 (Deemed SEPP)

· State Environmental Planning Policy (Infrastructure) 2007

· State Environmental Planning Policy No. 55 - Remediation of Land

· State Environmental Planning Policy No. 33 – Hazardous and Offensive Development

· State Environmental Planning Policy No. 64 – Advertising and Signage

· Parramatta Local Environmental Plan 2011

· Parramatta Development Control Plan 2011

· Parramatta Section 94a Development Contributions Plan 2008

CONSULTATION

The development application was notified for a 21 day period between 14 March 2012 and 4 March 2012. Submissions from twenty (20) properties have been received primarily raising concerns with amenity impacts associated vehicular traffic, hours of operation, noise and privacy.

ISSUES

The amenity issues raised by neighbours have been addressed by conditions of consent within this recommendation. Please refer to the associated Section 79C Report for further comment.

In summary the recommendation contains specific conditions which cap the number of employees (with associated maximum number of employees on certain shifts) and delivery vehicles. In addition conditions are also recommended which seek to protect neighbouring visual and acoustic privacy.

FINANCIAL IMPLICATION FOR COUNCIL

The development application relates to the provision of a high technology industry which seeks to relocate its operations into the Parramatta Local Government Area. The site is currently vacant and the provision of the proposed use will employ a total of 95 persons.

Duncan Livingstone

Development Assessment Officer

Attachments:

1 View	Section 79C Assessment Report	59 Pages
2 View	Locality Plan	1 Page
3 View	Architectural Plans	3 Pages
4 View	Heritage Inventory Sheet	1 Page

REFERENCE MATERIAL

Council (Development) 12 June 2012 Item 9.6

MAJOR APPLICATION

ITEM NUMBER 9.6

SUBJECT 1-5 Chestnut Avenue & 6-8 Burke Street, Telopea
(Lot 101 DP 36691, Lot 102 DP 1691, Lot 103 DP 36691, Cor Lot 124 DP 36691 & Lot 123 DP 36691) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition, tree removal and construction of an affordable rental housing development under Division 1 of the Affordable Rental Housing SEPP comprising 5 buildings containing a total of 24 units, carparking for 14 vehicles and consolidation of all lots into 1 lot.

REFERENCE DA/116/2011 - Submitted 8 March 2011

APPLICANT/S NSW Department of Housing

OWNERS NSW Department of Housing

REPORT OF Manager Development Services

DATE OF REPORT 22 May 2012

REASON FOR REFERRAL TO COUNCIL

The proposal relates to a development proposed under the SEPP (Affordable Rental Housing) 2009.

EXECUTIVE SUMMARY

The application seeks approval for demolition, tree removal and construction of an affordable rental housing development comprising 5 x 2 storey buildings containing a total of 24 dwellings with car parking for 14 vehicles.

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

The subject application is subject to a savings clause under the SEPP that requires Council to consider compatibility with the character of the surrounding local area. This process has found the development to be compatible for a number of reasons, including floor space ratio, building form, height, landscaping, external appearance and impact upon neighbouring properties.

In response to the notification of the application, 20 individual submissions and a petition containing 45 signatories plus an additional petition containing 25 signatories was received. An on-site meeting was held on 7 May 2011 between Councillors, Council officers, the applicant and concerned residents. Following receipt of amended plans, a further notification resulted in 5 submissions being received. In total, 44 households objected to the proposed development. The main issues raised in the submissions included the development being out of character with the local area, parking and traffic impacts, noise impacts, overlooking, property values and social impacts.

The public submissions are considered within the Section 79C assessment report contained in Attachment 1.

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.

As the applicant is a Crown authority, the concurrence of the NSW Department of Housing is required with respect to the recommended conditions of consent before the application can be approved.

RECOMMENDATION

(a) That Development Application No. DA/116/2011 for the demolition, tree removal and construction of an affordable rental housing development under Division 1 of the Affordable Rental Housing SEPP comprising 5 buildings containing a total of 24 units, carparking for 14 vehicles and consolidation of all lots into 1 lot on land at 1-5 Chestnut Avenue & 6-8 Burke Street, Telopea be approved subject to conditions of consent as outlined in Attachment 1 once the concurrence of the NSW Department of Housing for the imposed conditions has been received.

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

Katherine Lafferty

Senior Development Assessment Officer

Attachments:

1 View	Section 79C Assessment Report	79 Pages
2 View	Locality Map	1 Page
3 View	Plans & Elevations	20 Pages
4	Confidential Plans & Elevations	3 Pages

REFERENCE MATERIAL

Council (Development) 12 June 2012 Item 9.7

MAJOR APPLICATIONS

ITEM NUMBER 9.7

SUBJECT 17-19 Soudan Street, Merrylands
(Lot 1 DP 112379 & Lot 1 DP 659694 Lot 12 DP 112924 & Lot 2 DP 661377) (Woodville Ward)

DESCRIPTION Demolition, tree removal and the construction of a multi unit housing development containing 4 townhouses and 5 villas with attic accommodation over basement carparking with strata subdivision.

REFERENCE DA/796/2011 - Submitted 14 November 2011

APPLICANT/S Chanine Design Pty Ltd

OWNERS Mr K F Leung

REPORT OF Manager Development Services

DATE OF REPORT 10 MAY 2012

Note: This report was deferred fro the Council Meeting on 28 May 2012 for further information

REASON FOR REFERRAL TO COUNCIL

The proposal is referred to Council for consideration as submissions from 24 households objecting to the application have been received.

EXECUTIVE SUMMARY

The application seeks approval for the demolition, tree removal and the construction of a multi unit housing development containing 4 townhouses and 5 villas with attic accommodation over basement car parking with strata subdivision.

The application was advertised and notified in accordance with Parramatta Council Development Control Plan 2011. Three submissions were received in response to the notification. Amended plans were re-notified and submissions from a total of 24 households objecting to the proposed development were received. The main concerns raised in the submissions relate to overdevelopment, character of the area, privacy, overshadowing, tree removal, parking and traffic. These issues have been assessed in detail within the Section 79 C report attached (Attachment 1).

The subject site and its immediate surrounding area is zoned R3 Medium Density Residential under Parramatta Local Environmental Plan 2011 and the proposed multi dwelling unit development is permissible. This proposal is the first multi unit development within Soudan Street. Whilst it is acknowledged that the development is inconsistent with the existing prevailing detached single storey dwelling stock within the street, it is consistent with the desired future character of the area as permitted under the LEP zoning applying to the land.

The proposed development is consistent with the objectives and provisions 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.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. DA/796/2011 for the demolition, tree removal and the construction of a multi unit housing development containing 4 townhouses and 5 villas with attic accommodation over basement car parking with strata subdivision at 17-19 Soudan Street, Merrylands for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained in Attachment 1.

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

Kate Lafferty

Senior Development Assessment Officer

Attachments:

1 View	Section 79C Assessment Report	63 Pages
2 View	Locality Map	1 Page
3 View	Plans & Elevations	8 Pages
4	Confidential Plans & Elevations	6 Pages

Council (Development) 12 June 2012 Item 9.8

MAJOR APPLICATION

ITEM NUMBER 9.8

SUBJECT V by Crown Development, 45-47 Macquarie Street and 134-140 Marsden Street Parramatta

DESCRIPTION Pursuant to Section 75W of the Environmental Planning and Assessment Act 1979, a modification of approval is sought to modify the design of the approved mixed use development.

REFERENCE NCA/6/2010 - NCA/6/2010

APPLICANT/S Crown International Holdings (Crown)

OWNERS Crown Landmark Pty. Ltd and Sathio Investments Pty. Ltd and Crown Cornerstone Investments Pty. Limited.

REPORT OF Manager Development Services

DATE OF REPORT

25 May 2012

REASON FOR REFERRAL TO COUNCIL

To seek Council’s endorsement of a submission to the Director- General of the Department of Planning on the draft Director General’s Requirements which will assist the applicant in the preparation of a future application to modify conditions on approved major project applications: Major Project MP09_0167.

RECOMMENDATION

That Council endorse the submission made by Council staff provided in Attachment 1 which requests the Department of Planning to seek clarification on the proposal to replace the approved commercial office space on Levels 1 to 4 of the building with serviced apartments, and on the general design of the building as part of the Director-General’s Requirements.

BACKGROUND

28 October 2011 Application MP 09_0167 was approved by the Department of Planning under Section 75J of the Environmental Planning and Assessment Act. The application had sought consent for a 26 storey mixed use development including:

- 367 residential apartments (115 x 1, 204 x 2, and 48 x 3 bedroom units);

- 2952m² of commercial floor space;

- 1240m² of retail and restaurant floor space;

- 316m² Archaeological interpretation centre, and;

- 6 levels of basement car parking.

22 March 2012 Section 75W Modification to Major Project Application MP09_167 MOD 1) approved by the Department Of Planning. The modification amended condition B4 of the original development consent to permit the staged payment of Section 94A contributions.

3 May 2012 Council receives a request for provision of details of key issues and assessment requirements for inclusion as part of the Director-General’s Requirements to be sent to the applicant prior to lodgement of a formal Application.

11 May 2012 The Lord Mayor and Councillors were notified of the proposal by the Service Manager, Development Assessment Services.

THE PROPOSAL

The request for provision of details of key issues and assessment requirements from the Department of Planning indicates that the applicant seeks advice on a potential future application which would seek to modify the design of the approved development in the following manner:

- An increase to the height of the building by two-storeys from RL 94.5 to RL 103.1;

- Alteration to the appearance of the façade;

- Alteration to the apartment mix and the total number of apartments;

- Alteration to the internal layout of the residential apartments;

- Alteration to the archaeological display area to include a subterranean viewing area;

- Increase in the number of car parking spaces from 535 to 566, and reduction in the number of bicycle parking spaces from 86 to 30 spaces;

- Removal of the meeting rooms and cinema adjoining the Hunter Street frontage of the property and introduction of a new conference/function facility;

- Reconfiguration of the ground floor to provide a more open floor plan; and,

- Removal of the commercial space on levels 1 to 4 and replacement of it with serviced apartments.

CONCLUSION

The proposal to replace the approved commercial space on levels 1 to 4 is not supported as it is considered that this would have an impact on the long-term employment generation capacity of the development, which is considered to be important given the CBD location of the site.

A number of other matters have been identified as requiring the further attention of the applicant. These include:

- The lack of a rationale as to the need to increase the floor space area, height and total number of apartments with relation to the public benefit;

- Further design refinement to address the domineering and monotonous appearance of the proposed modified façade;

- The impact of the reduction in the size of the ground floor retail areas on the economic usability of these spaces and on their ability to activate the proposed public domain surrounding the site;

- The impact that the proposed change to the finished floor level height of the proposed plaza will have with respect to its level of physical connection with the surrounding streetscape; and,

- The basement and associated utility services being set back to be clear of the road widening zone located on the western side of Marsden Street.

The Request for Provision of Details of Key Issues and Assessment Requirements is a preliminary process of the Department of Planning that occurs prior to the lodgement of a formal Development Application. The submission that Council has been requested to make will be considered as part of the preparation of the Director-General’s Requirements which provide guidance to applicant’s prior to the lodgement of a formal application.

In the event that a formal application is lodged in the future, an opportunity will be provided by the Department of Planning for provision of a more detailed and specific submission to be made by Council at that time.

Attachments:

1 View	Final Draft for Consideration By Council	2 Pages
2 View	Non-confidential draft plans	6 Pages
3 View	Draft Director-General Requirements and Cover Letter	7 Pages
4 View	Statement Accompanying Draft Proposal	4 Pages
5	Confidential draft plans	12 Pages

REFERENCE MATERIAL

Council (Development) 12 June 2012 Item 10.1

NOTICE OF MOTION

ITEM NUMBER 10.1

SUBJECT Amendment to policy regarding timing of site meetings

REFERENCE F2008/00998 - D02384827

REPORT OF Councillor M A Lack

To be Moved by Councillor M A Lack

RECOMMENDATION

a) That site meeting process be amended so that the meetings are conducted prior to the Council meeting business papers being prepared so that the outcome of the Site Meeting can be included in the reports and where appropriate outcomes can be incorporated into the recommendation/conditions for that particular Development Application, and,

b) That Officers prepare a report on other systems available regarding community consultation on development matters and to bring this report back to the Chamber for further consideration.

BACKGROUND

Site meetings are presently scheduled to occur on the Saturday prior to that DA being determined by the Chamber. As it is already in the business papers for the meeting, the site meeting is conducted with a recommendation already made about its determination. This, in the minds of many members of the public in attendance at that site meeting often leads to conclusions being drawn to the effect, 'the site meeting is a waste of time as Council has already decided what it is going to do'. This contributes to considerable undermining of public confidence in the whole assessment process as it is believed that the site meeting is superfluous as the decision is a fait accompli and any community input will have no bearing on the decision. In order to address this, it is proposed to revert to the previous procedures in relation to the timing of site meetings.

Attachments:

There are no attachments for this report.

Council (Development) 12 June 2012 Item 11.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER 11.1

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D02363561

REPORT OF Acting 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 two (2) development applications determined where there has been a variation in standards under SEPP 1 or similar provisions (clause 4.6 of LEP 2011) under the Standard Instrument, during the period May 2012 (up to 28 May 2012).

Mark Leotta

Acting Manager Development Services

Attachments:

1 View

Development Application Variations under SEPP 1 - May 2012

2 Pages

REFERENCE MATERIAL