Agenda of Local Planning Panel

Local Planning Panel 17 March 2020 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT 56 Dudley Street, Rydalmere (Lot 49 in DP 12523) (Dundas Ward)

DESCRIPTION Demolition of existing structures, removal of six (6) trees and construction of a 3-storey boarding house comprising seventeen (17) single occupancy rooms pursuant to SEPP (Affordable Rental Housing) 2009 with basement car parking for nine (9) vehicles and associated earthworks and landscaping.

REFERENCE DA/460/2019 -

APPLICANT/S Aleksandar Projects & 56 Dudley Pty Ltd

OWNERS 56 Dudley Pty Ltd

REPORT OF Manager Development and Traffic Services

DATE OF REPORT: 17 December 2019

REASON FOR REFERRAL TO LPP

The application is referred to the Parramatta Local Planning Panel (PLPP) as the proposal has received twenty-five (25) unique submissions. In addition, this application is referred to the Parramatta Local Planning Panel (PLPP) as the proposal contravenes the floor space ratio development standard by more than 10% (Clause 4.4 Floor Space Ratio development standard of the Parramatta Local Environmental Plan 2011).

EXECUTIVE SUMMARY

This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 4.15 Assessment Report.

Approval is sought for demolition of existing structures, removal of six (6) trees and construction of a three-storey boarding house with 17 single occupancy rooms pursuant to the SEPP (Affordable Rental Housing) 2009 with basement car parking for nine (9) vehicles and associated earthworks and landscaping.

The proposal defined as a ‘boarding house’ and is permissible in the R3 Medium Density Residential Zone under the Parramatta Local Environmental Plan 2011 (PLEP 2011).

The application proposes to exceed the maximum 0.6:1 floor space ratio control by approximately 106.8m² of gross floor area (or 32.7% variation) resulting in a FSR of 0.79:1. The application was not accompanied by a Clause 4.6 Statement.

The proposal is generally not in accordance with State Environmental Planning Policy (Affordable Rental Housing) 2009. The proposal fails to satisfy the R3 Zone objectives and the aims of the PLEP 2011. In addition, the application fails to provide building form and massing, in that it is inconsistent with the Parramatta Development Control Plan 2011 with regard to development on sloping land, building envelopes, setbacks, roof design, streetscape, privacy and communal open space, access for persons with disabilities, site consolidation and isolated sites and solar access and cross ventilation.

The proposal has not provided sufficient information regarding the operation of the boarding house with respect to a plan of management and emergency evacuation plan details.

In accordance with Council’s notification procedures that are contained in the PDCP 2011, owners and occupiers of adjoining and surrounding properties were given notice of the application for a 21-day period between 21 August 2019 and 11 September 2019. In response, twenty-five (25) submissions including 2 petitions against the proposal were received. The application was re-notified due to amendments to the proposed setbacks. In accordance with Council’s notification procedures that are contained in the PDCP 2011, owners and occupiers of adjoining and surrounding properties were given notice of the application for a 21-day period between 18 December 2019 and 13 January 2020. Issues raised within the submissions related to permissibility, setbacks, breaches in development standards, incompatible streetscape character, solar access, visual and acoustic privacy, safety and increased crime, waste management, tree removal, social unrest (anti-social behavior of occupants), overdevelopment, boundary/acoustic fencing adverse traffic impacts, inadequate parking, bulk and scale, road congestion and devaluation of property.

The proposal is not considered to result in a development, which is suitable in the context of the emerging character within the locality. Non-compliances are acknowledged within the current proposal and these have been discussed within the assessment report. A merit assessment of the application has determined that the proposal will not be satisfactory and results in unreasonable impacts to adjoining and surrounding properties with regard to building bulk and scale resultant from the excessive floor space, insufficient site width and inadequate side setbacks.

After consideration of the development against Section 4.15 of the Environmental Planning and Assessment Act 1979, and the relevant statutory and policy provisions, the proposal is not suitable for the site and is not in the public interest. The proposal is recommended for refusal.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel (PLPP), exercising the functions of the Council as the consent authority, pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979, refuse the development consent to DA/460/2019 for demolition of existing structures, removal of six (6) trees and construction of a three-storey boarding house with 17 single occupancy rooms pursuant to the SEPP (Affordable Rental Housing) 2009 with basement car parking for nine (9) vehicles and associated earthworks and landscaping on land at Lot 49 in DP 12523, 56 Dudley Street, Rydalmere NSW 2116 for the reasons stated in Attachment 1.

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

Shaylin Moodliar

Senior Development Assessment Officer

Attachments:

1 ⇩	Attachment 1: Assessment Report	36 Pages
2 ⇩	Attachment 2: Locality Map	1 Page
3 ⇩	Attachment 3: Plans used during assessment	10 Pages
4	Attachment 4: Internal plans used during assessment (confidential)	7 Pages
5 ⇩	Attachment 5: Landscape & engineering plans used during assessment	15 Pages

REFERENCE MATERIAL

Local Planning Panel 17 March 2020 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT 63-67 Pine Street and 44-46 Wattle Street, Rydalmere

DESCRIPTION Demolition of existing structures, site amalgamation of 5 allotments and construction of a part 3 and part 4 storey Residential Flat Building comprising fifty-five (55) residential units including eighteen (18) affordable housing units pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 with a basement car park for 59 vehicles, associated external works and landscaping.

REFERENCE DA/349/2019 -

APPLICANT/S Wattle Pine Developments Pty Ltd

OWNERS Wattle Pine Developments Pty Ltd

REPORT OF Group Manager Development and Traffic Services

DATE OF REPORT: 17 February 2020

REASON FOR REFERRAL TO LPP

The Development Application is being referred to the Parramatta Local Planning Panel as it is a Residential Flat Building with 4 stories. Additionally, the proposal seeks a variation of the Building Height development standard by 26%.

EXECUTIVE SUMMARY

This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 4.15 Assessment Report.

The subject site comprises five (5) separate allotments known as 63-67 Pine Street, Rydalmere and 44-46 Wattle Street, Rydalmere.

A previous Development Application (DA/210/2017) was granted deferred commencement approval by the Sydney Central City Planning Panel in December 2017. Deferred commencement was granted on the basis that amended stormwater plans were provided within 12 months of the determination or the consent would lapse. Following the 12 month period, no stormwater plans had been received and accordingly, the consent lapsed.

The development proposed under this application is generally the same as the development previously approved under deferred commencement by the SCCPP under DA/210/2017. Specifically, the proposal seeks approval for the following:

· Demolition of all existing dwelling houses and ancillary structures;

· Removal of trees;

· Construction of 1 x 3 storey and 1 x 4 residential flat buildings;

· Site works and landscaping; and

· 18 Affordable units, all units in the 3 storey building are nominated as affordable units.

This application is not being returned to the SCCPP for determination because since the determination of DA/210/2017, the Department of Planning as advised Council that they only have delegation if the CIV for the affordable housing component is greater than $5 million. In this particular case, the CIV for the affordable housing component is only $4.9 million, and does not require delegation to the SCCPP.

The site is zoned R4 High Density Residential under Parramatta Local Environmental Plan 2011. The proposed works are defined as a ‘residential flat building’ and is permitted with consent within the R4 High Density Residential zone.

In addition to the above, the proposal also seeks a variation to the 11m Building Height development standard under Parramatta Local Environmental Plan 2011. In the Clause 4.6 Variation Statement provided by the applicant, the following reasons were given for the variation:

· The proposal is consistent with the objectives of the development standard as provided in clause 4.3 of PLEP 2013;

· The height variation is a result of the topography of the site, as well as the bonus FSR resulting from the provision of affordable housing; and

· The proposed height variation allows for access to the communal open space on the rooftop as recommended by Council, as well as for the scheme to fulfil its development potential, given the bonus FSR provided by the ARH SEPP.

A merit assessment was undertaken and the variation was considered to be acceptable given the following reasons:

· The height variation retains the primary presentation of the building as a 3-4 storey residential flat building that is consistent with other residential flat buildings within the locality;

· The building has been appropriately articulated and modulated. Fenestration, material variation and private open spaces have been incorporated in order to minimise the external bulk and scale through effective design;

· The proposal supports a residential intensity that is reasonable for the site, with regard to context and zoning;

· The non-complying elements of the building are localised within the mid sections of the roof and is setback from the perimeter of the building so that it is a recessive element and does not create significant visual or overshadowing impacts; and

· The height variation does not result in unreasonable amenity impacts on neighbouring properties.

The application was notified in accordance with Council’s notification procedures contained within Appendix 5 of DCP 2011. In response, 5 submissions were received, including a petition with 15 signatures. The issues raised within those submissions have been addressed within the assessment report.

The application was referred to the following Council specialists, with no objections being raised, subject to conditions of consent:

· Development Engineer;

· Landscape Officer;

· Environmental Health (Acoustic);

· Environmental Health (Waste);

· Environmental Health (Contamination);

· Building Surveyor;

· Traffic Engineer; and

· Design Excellence Advisory Panel.

The application was also referred to Endeavour energy who raised no objections, subject to conditions of consent.

RECOMMENDATION

APPROVAL SUBJECT TO CONDITIONS WITH DEVELOPMENT STANDARD VARIATION

(a) That Council support the variation to Clause 4.3 of Parramatta Local Environmental Plan 2011 under the provisions of Clause 4.6.

(b) Pursuant to Section 4.16 of the Environmental Planning and Assessment Act, 1979, that Parramatta Local Planning Panel grant development consent to DA/349/2019 for a period of five (5) years within which physical commencement is to occur from the date on the Notice of Determination, subject to conditions of consent. The reasons for approval are as mentioned in Attachment 1.

Darren Wan

Senior Development Assessment Officer

Attachments:

1 ⇩	Attachment 1: Assessment Report & Conditions	29 Pages
2 ⇩	Attachment 2: Locality Map	1 Page
3 ⇩	Attachment 3: Plans used during assessment	4 Pages
4	Attachment 4: Internal plans used during assessment (confidential)	6 Pages
5 ⇩	Attachment 5: Draft Conditions of Consent	43 Pages

REFERENCE MATERIAL

Local Planning Panel 17 March 2020 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT 23 Allen Street HARRIS PARK NSW 2150

DESCRIPTION Section 4.55(2) modification to DA/631/2016 for demolition and construction of a 4-storey Residential Flat Building with a roof top terrace and basement carparking pursuant to SEPP (Affordable Rental Housing) 2009. The proposed modifications are for internal floor plan changes, amendments to the building façade and amendment to Condition No. 36.

REFERENCE DA/631/2016/A -

APPLICANT/S Designcorp Architects

OWNERS Arthur, Joseph, Anthony and Martha Haddad

REPORT OF Group Manager Development and Traffic Services

DATE OF REPORT: 12 February 2020

REASON FOR REFERRAL TO LPP

The proposal is a Section 4.55(2) modification to a development under State Environmental Planning Policy (SEPP) 65 – Design Quality of Residential Apartment Development.

EXECUTIVE SUMMARY

This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 4.55 Assessment Report.

The subject site is known as 23 Allen Street, Harris Park and it is located within the R4 High Density Residential zone under the Parramatta Local Environmental Plan 2011.

Consent is sought to modify the approved residential flat building over one level of basement parking, as follows:

Level	Proposed Amendments
Basement	· FH booster pump room and caretaker watercloset added; · Bicycle spaces amended as per Condition 38 of the consent; and · Garbage room and storage cages amended to suit.
Ground Floor	· FH booster assembly introduced in the front setback; · Fire stair exit amended to comply with the BCA; · Kitchen layout updated (unit 1); · Bathroom layouts updated (units 1 and 3); and · Service cupboards & risers added.
Storeys above ground floor including roof	· Bathroom layouts updated to units 4 to 9 and units 11 and 12 on first, second and third floors; and · Service cupboards and risers added to each floor.
Profile Section and Elevations	· Brick veneer construction in lieu of hebel panel; · Minor amendment to façade treatment around balcony areas facing the north; · Vertical louvres removed along the eastern elevation; · Living room and bedroom windows to be installed with individual privacy screens along eastern elevation; · External privacy screens on bathroom windows removed and replaced with opaque glazing; and · Privacy screens added to west facing balconies.

The modification application also proposes to amend Condition 36 to incorporate 2 adaptable dwellings in place of the specified 5 adaptable dwellings.

There is no increase to the floor space or building height, and the overall built form of the development is considered to be similar to that approved under DA/631/2016.

The modified proposal was advertised in accordance with Council’s advertising procedures contained within Appendix 5 of DCP 2011 and in response, one submission was received in relation to loss of privacy and the bulk and scale of the development.

It is concluded that the proposal will not result in undue impact on surrounding development, including neighbouring sites and the public domain.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel exercising the functions of Council as the consent authority pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979, modify development consent DA/631/2016, as shown on the plans submitted with the application, for a period of five (5) years from the date on the original Notice of Determination, subject to amending Condition No. 1 to reference the amended plans, Condition No. 36 to incorporate 2 adaptable dwellings, and Condition No. 86 to update the BASIX Certificate number. The development application is approved with conditions for the reasons outlined in Attachment 1.

(b) Further, that the objector be advised of the Parramatta Local Planning Panel decision.

Aryan Qayumi

Senior Development Assessment Officer

Attachments:

1 ⇩	Attachment 1: Assessment Report & Conditions	36 Pages
2 ⇩	Attachment 2: Locality Map	1 Page
3 ⇩	Attachment 3: Plans used during assessment	6 Pages
4	Attachment 4: Internal plans used during assessment (confidential)	5 Pages
5 ⇩	Attachment 5: Documents used during assessment	56 Pages

REFERENCE MATERIAL