MINUTES OF THE Local Planning Panel  HELD REMOTELY VIA AUDIO-VISUAL LINK,  21 April 2020 AT 3.30pm

 

PRESENT

 

David Lloyd QC in the Chair, Sue Francis, Paul Berkemeier and Hugh Colless.

 

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

 

The Chairperson David Lloyd QC, acknowledged the Burramattagal Clan of The Darug, the traditional land owners of Parramatta and paid respect to the elders both past and present.

 

WEBCASTING ANNOUNCEMENT

The Chairperson David Lloyd QC advised that this public meeting is being recorded. The recording will be archived and made available on Council’s website.

 

APOLOGIES

 

There were no apologies made to this Local Planning Panel.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest made to this Local Planning Panel.

 

1.      Reports - Development Applications

 

5.1

SUBJECT          25 Lanhams Road, WINSTON HILLS

DESCRIPTION Demolition of existing structures and the construction of an 80-place child care facility with associated basement car parking.

REFERENCE   DA/716/2019 - 

APPLICANT/S  Baini Design

OWNERS          R and A Frangi

REPORT OF     Group Manager Development & Traffic Services

 

The Panel considered the matter listed at Item 5.1, attachments to Item 5.1 and the matters observed at the site inspection.

 

 

PUBLIC FORUM

 

-                 Eli Gescheit on behalf of the applicant.

-                 Gregg Gibb in support of the recommendation.

-                 Jennifer McEnearney in support of the recommendation.

Note: Public Forums were received in writing and considered as Public Forums due to the special circumstances and

health concerns at the time of the meeting.

2082

DETERMINATION

 

REFUSAL

Pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act, 1979:

                     

(a)      That the Parramatta Local Planning Panel (PLPP) exercising the functions of the Council as the consent authority refuses development consent to DA/716/2019 for the demolition of existing structures and the construction of an 80 place child care facility with associated basement car parking at 25 Lanhams Road, Winston Hills NSW 2153 for the following reasons:

 

1.  The current impact and unresolved issues of an 80 place child centre and 13 staff is unacceptable for the low density residential area in which it is to be located.

 

2.   That the basement car parking and traffic arrangement is not fully resolved in relation to the conflict in pedestrian and vehicle movements and appropriate safety measures and therefore is currently unsatisfactory.

 

3.  Pursuant to Chapter 4 of the  Education and Care Services National Regulations, the proposal fails to comply with the operational requirements of a child care centre with respect to laundry and hygiene facilities, toilet and hygiene facilities, ventilation and natural light, administrative space, nappy change facilities, supervision, emergency and evacuation procedures, shade, and educator to child ratios.

4.  The proposed built form has poor articulation as it presents to the street which results in increased visual bulk which is detrimental to the streetscape.

5.  There is insufficient information to assess the impact both visually and in relation to overshadowing of the proposed acoustic fencing.

6.  Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment  Act 1979, the proposal contains insufficient information in order for an assessment to be undertaken in accordance with Clause 6.2 Earthworks of the Parramatta Local Environmental Plan 2011.

7.  Pursuant to Section 4.15(1)(d) of the Environmental Planning and Assessment Act, 1979, the matters and issues addressed in the submissions received are well founded with respect to acoustic and visual privacy, inadequate and inconsistent information, earthworks, building siting, streetscape amenity, the impractical basement layout and special character design controls.

 

(b)     Further, that submitters be advised of the Panel’s decision.

 

The Panel’s decision was unanimous.

 

 

REASONS FOR DECISION

 

The Panel supports the findings in the report, together with the additional grounds of refusal above and endorsed the reasons contained in that report.

 

 

5.2

SUBJECT          2-8 River Road West, Parramatta
(Lot 1 in DP 1204213 & CP in SP 94898) (Rosehill Ward)

DESCRIPTION Section 4.55(2) modification to DA/915/2016 for the fit-out and use of Shop 1 as a food and drink premises 'On Sunset Restaurant'. The modifications seek to amend Conditions 43, 45 & 52 in relation to live music and entertainment and to Conditions 1, 6 & 38 in relation to the trading hours/permit outdoor dining by increasing the '12 month trial period' hours of operation and to make the hours of operation permanent from 7am until 12am (midnight), 7 days a week.

REFERENCE   DA/915/2016/C - 

APPLICANT/S  On Sunset Pty Ltd

OWNERS          Parariver Pty Ltd

REPORT OF    

2083

The Development Application for 2-8 River Road West, Parramatta was

withdrawn by the applicant and therefore was not considered at this

Local Planning Panel.

 

 

5.3

SUBJECT          26 Iona Avenue, North Rocks

DESCRIPTION Infill of existing swimming pool, demolition of rear steps & retaining wall and construction of new steps and retaining wall.

REFERENCE   DA/54/2020 - 

APPLICANT/S  Acon Services

OWNERS          Mrs J L Hsu

REPORT OF    

 

The Panel considered the matter listed at Item 5.3, attachments to Item 5.3 and the matters observed at the site inspection

 

 

PUBLIC FORUM


There were no Public Forums to consider for this matter.

2084

DETERMINATION

 

(a)     That the Parramatta Local Planning Panel (PLPP) exercising the functions of Council pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979 grant development consent to DA/54/2020 for the infill of existing swimming pool, demolition of rear steps and retaining wall, and construction of new steps and retaining wall on land at Lot 74 DP 235890, 26 Iona Avenue, NORTH ROCKS  NSW  2151.

 

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

 

The Panel’s decision was unanimous.

 

 

REASONS FOR DECISION

 

The Panel supports the findings in the report and endorsed the reasons contained in that report.

 

  

2.      Innovative

 

6.1

SUBJECT          Planning Proposal at 12-14 Phillip Street and 331A, 333 & 339 Church Street, Parramatta

REFERENCE   RZ/8/2019 - D07249686

REPORT OF     Project Officer, Land Use Planning

2085

DETERMINATION

 

That the Local Planning Panel recommend to Council:

 

(a)       That Council note the independent peer-review (provided at Attachment 1) completed in relation to the subject Planning Proposal and this assessment report.

 

(b)       That Council endorse the Planning Proposal at Attachment 2 for land at     12-14 Phillip Street and 331A, 333 & 339 Church Street, Parramatta, which seeks to amend Parramatta LEP 2011 by way of:

·   Re-zoning part of the site from B4 Mixed Use to RE1 Public Recreation;

·   Re-zoning part of the site from RE1 Public Recreation to RE2 Private Recreation;

·   Re-zoning part of the site from RE1 Public Recreation to B4 Mixed Use; and

·   Amending the floor-space ratio control for the parts of the site which are being rezoned.

 

(c)        That the Planning Proposal be forwarded to the Department of Planning, Industry and Environment to request a Gateway Determination be issued.

 

(d)       That upon the issue of a Gateway Determination, the Planning Proposal be publicly exhibited for a minimum of 28 days.

 

(e)       That Council advise the Department of Planning, Industry and Environment that Council will not be exercising plan-making delegations for this Planning Proposal.

 

(f)        Further, that Council authorise the Chief Executive Officer to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan-making process.

 

The Panel’s decision was unanimous.

 

 

REASONS FOR DECISION

 

The Panel supports the findings in the report and endorsed the reasons contained in that report.

 

 

 

6.2

SUBJECT          Post Exhibition Outcome - Planning Proposal, draft site-specific Development Control Plan and draft Planning Agreement for 2 O'Connell Street, Parramatta

REFERENCE   RZ/2/2017 - D07333909

REPORT OF     Project Officer-Land Use Planning

 

The Panel considered the matter listed at Item 6.2, attachments to Item 6.2 and the matters observed at the site inspection

 

 

PUBLIC FORUM

 

-                 David W Rose not in support of the recommendation.

Note: Public Forums were received in writing and considered as Public Forums due to the special circumstances and

health concerns at the time of the meeting.

 

2086

DETERMINATION

 

That the Local Planning Panel recommend to Council:

 

(a)     That Council receives and notes the submissions made during the public exhibition of the Planning Proposal, draft site-specific Development Control Plan (DCP) and draft Planning Agreement.

 

(b)     That Council endorse for finalisation the Planning Proposal provided at Attachment 1, which seeks to amend the Parramatta LEP 2011 as follows:

 

i.       An increase in the maximum Height of Buildings from 36 metres to 217 metres (inclusive of design excellence bonus);

ii.      An increase in the maximum FSR from 4.2:1 to 16.2:1 (including all bonuses, opportunity site provisions and additional non-residential floor space);

iii.     Introduction of site-specific provisions that outline the requirements for achieving the maximum FSR, require an appropriate transition to heritage items or conservation areas, introduce maximum parking rates, and ensure that issues pertaining to airspace operations and satisfactory arrangements for State infrastructure are addressed.

 

(c)     That Council forward the Planning Proposal to the Department of Planning, Industry and Environment (DPIE) to prepare for finalisation, but request the final notification on the relevant Government website only be undertaken once:

i.       Council confirms that the Planning Agreement has been signed and entered into; and

ii.      the site-specific DCP has been publicly exhibited and endorsed by Council for finalisation.

 

 

(d)     That an amended DCP is re-exhibited and the outcomes of this exhibition are reported to Council. The amendments to be made to the DCP prior to re-exhibition are as follows:

 

i.       Removal of the 3.5 metres setback to O’Connell Street (as Transport for NSW has indicated this is no longer required for road widening purposes) and resulting adjustments to relevant controls including but not limited to changes to the building and tower setbacks;

ii.      Addition of a section on heritage that refers to the LEP provision relating to heritage transition and impacts. The new DCP controls will ensure clear criteria for assessing the transition of any development on this site to the adjoining heritage item; and

iii.     Addition of a control outlining that materials selection is to minimise reflectivity and glare impacts.

(e)     That, with regards to the Planning Agreement:

 

i.       That an administrative amendment is undertaken to the draft Planning Agreement provided at Attachment 4 to accurately describe the instrument change sought under the Planning Proposal (noting that this does not change the contribution or any other terms of the Planning Agreement);

ii.      That Council enter into this amended Planning Agreement;

iii.     The Chief Executive Officer be delegated authority to sign the Planning Agreement on behalf of Council;

iv.     Council (in accordance with its statutory obligations) forward the Planning Agreement to DPIE once it comes into force.

 

(f)      Further, that Council authorise the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the plan amendment process relating to the Planning Proposal, DCP and Planning Agreement.

 

The Panel’s decision was unanimous.

 

 

REASONS FOR DECISION

 

The Panel supports the findings in the report and endorsed the reasons contained in that report.

 

  

 

The meeting terminated at 4.16pm.

 

 

 

Chairperson