MINUTES OF THE Local Planning Panel  HELD REMOTELY VIA AUDIO-VISUAL LINK ON Tuesday,  16 June 2020 AT 3.35pm

 

PRESENT

 

David Lloyd QC as Chairperson, David Johnson, Deborah Sutherland and Kirrily McDermott.

 

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

 

The Chairperson, 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 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          5 Yarbon Street, Wentworthville NSW 2145
(Lot 151 DP 8850)

DESCRIPTION Section 8.3 Review for demolition of existing structures and construction of a double-storey dwelling including an in-ground swimming pool.

REFERENCE   DA/448/2019 - 

APPLICANT/S  Baini Design

OWNERS          Mr R Bainy, Ms N Bainy

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

 

No Public Forums were received for this matter.

2093

DETERMINATION

 

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/448/2019 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 within Attachment 1.

The Panel decision was unanimous.

 

 

REASONS FOR DECISION

 

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

 

2.         The development is permissible in the R2 residential zone and satisfies the requirements of all the applicable planning controls.

 

3.         The development will be compatible with the character of the area.

 

4.         Approval of the application is in the  public interest.

 

 

 

5.2

SUBJECT          49 Rawson Street, Boronia Park (R88719) & 37A Bridge Street, EPPING NSW 2121
(Lot 2 DP 516659, Lot 341 DP 914533, Lot 3332 DP 914534)

DESCRIPTION Alterations and additions to an approved community facility and part use for a café, internal works, construction of a partially covered deck, accessible ramps, bin storage and tree removal.

REFERENCE   DA/107/2020 - 

APPLICANT/S  Bokor Architecture & Interiors

OWNERS          City of  Parramatta

REPORT OF     Group Manager Development & Traffic Services

 

The Panel considered the matter listed at Item 5.2, attachments to Item 5.2 and the matters observed at the site inspection

 

 

PUBLIC FORUM

 

No Public Forums were received for this matter.

2094

DETERMINATION

 

(a)     That the Parramatta Local Planning Panel, exercising the functions of the Council as the consent authority pursuant to the provisions of Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent to DA/107/2020 for a period of five (5) years within which physical commencement is to occur from the date on the Notice of Determination.

 

(b)     That all the objectors be advised of the Parramatta Local Planning Panel’s decision.

 

The Panel decision was unanimous

 

 

REASONS FOR DECISION

 

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

 

2.         The development is permissible it the B2 Local Centre Zone and the RE1 Public Recreation Zone and satisfies all the requirements of the applicable planning controls.

 

3.         Approval of the application is in the public interest.

 

 

 

5.3

SUBJECT          19 Brodie Street, Rydalmere (Lot 180 DP 14244)

DESCRIPTION Section 4.56 modification to DA/513/2009 for alterations and additions to a commercial building which contains an approved brothel and a take away shop. Proposed modifications include alterations to the internal layout, hours of operation and number of staff.

REFERENCE   DA/513/2009/A - 

APPLICANT/S  Mr X X Wei

OWNERS          Mr X X Wei and Ms M D F Xu

REPORT OF     Group Manager Development & Traffic Services

 

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

 

-                 Lawrence Winnacott spoke on behalf of the applicant.

2095

DETERMINATION

 

(a)      That the Parramatta Local Planning Panel, exercising the functions of the Council as the consent authority pursuant to the provisions of Section 4.56 of the Environmental Planning and Assessment Act 1979, modify consent to DA/513/2009 for ‘Alterations and additions to a commercial building which contains an approved brothel and takeaway shop. The application seeks approval to increase the number of client service rooms in the brothel from 2 to 8 and the number of sex workers from 2 to 12. Alteration and additions are proposed at both the ground and first floor levels’. Modifications will comprise internal alterations and additions, amendments to operational details, and numbering of conditions, for a period of five (5) years from the date on the original Notice of Determination.

 

(b)      That condition 9 be amended to remove the term ‘licensed’.

 

(c)       That condition 6 be deleted.

 

(d)     That all the objectors be advised of the Parramatta Local Planning Panel’s decision. and recommendations first.

 

The Panel decision was unanimous except for the retention of condition 11 & 15(a) where Ms McDermott was against the retention of conditions 11 & 15(a) with the condition that only 4 employees were working at any one time.

 

 

REASONS FOR DECISION

 

1.         The Panel supports the findings in the assessment report and endorsed the reasons contained in that report other than the conditions amended above.

 

2.         The development is permissible in the IN2 Light Industrial Zone.

 

3.         The development will be compatible with the character of the area, subject to the proposed conditions relating to the number of workers and signage.

 

4.         Approval of the application is in the public interest.

 

 

 

5.4

SUBJECT          15 Pearl Avenue, Epping (Lot 18 in DP 18720)

DESCRIPTION Demolition of the existing detached garage, alterations and additions to the existing single-storey dwelling and construction of an attached, two bedroom secondary dwelling.

REFERENCE   DA/158/2020 - 

APPLICANT/S  AGC Architects Pty Ltd

OWNERS          Evan Wong, Sao Hoang

REPORT OF     Group Manager Development & Traffic Services

 

The Panel considered the matter listed at Item 5.4, attachments to Item 5.4 and the matters observed at the site inspection

 

 

PUBLIC FORUM

 

-                 Evan Wong spoke on behalf of the applicant

-                 Margaret McCartney spoke against the application

-                 Dean Marando spoke against the application

-                 Judith Keena spoke against the application

 

2096

DETERMINATION

 

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

 

(a)  That the Parramatta Local Planning Panel, exercising the functions of Council as a consent Authority approve development consent of DA/158/2020 for demolition of the existing detached garage, alterations and additions to the existing dwellings and construction of a two bedroom secondary dwelling.

 

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

 

(c) That condition 6 be amended to omit the reference of the removal of the pencil pine. A landscaping plan which includes the provision of additional substantial trees to replace the pencil pine and to soften the visual impact of the proposed development in the streetscape to be submitted and approved by Council prior to issuing of the Certificate.

 

The Panel decision was unanimous.

 

 

REASONS FOR DECISION

 

1.         The Panel supports the findings in the report and endorsed the reasons contained in that report subject to the changed condition 6 above.

 

2.         The development is permissible in the R2 Zone and satisfies the requirements of the applicable planning controls.

 

3.         The development will be compatible with the character of the area.

 

4.         Approval of the application is in the public interest.

 

  

2.      Innovative

 

6.1

SUBJECT          Pre-Gateway: Planning Proposal for land at 355 and 375 Church St, Parramatta

REFERENCE   RZ/10/2018 - D07161401

REPORT OF     Acting Team Leader Land Use Planning

 

The Panel considered the matter listed at Item 6.1, attachments to Item 6.1 and the matters observed at the site inspection

 

 

PUBLIC FORUM

 

-                 Melody Potter spoke on behalf of the applicant

-                 Ben Craig, Chris McGillick, Alison McDonagh, Samantha Polkinghorne and Josh Bannister were available to answer questions on behalf of the applicant

-                 Adam Coburn spoke against the application

 

2097

DETERMINATION

 

That the Local Planning Panel recommend to Council:

 

(a)     That Council endorse for the purpose of forwarding to the Department of Planning, Industry and Environment (DPIE) with a request for a Gateway Determination, the Planning Proposal at Attachment 1 to amend Parramatta LEP 2011 for land at 355 and 375 Church St, Parramatta as follows:

 

1)      Apply the Prince Alfred Square Solar Access Plane as the height controls for this site

2)      Increase FSR from part 3:1/part 4:1 to 6:1 (exclusive of Design Excellence)

3)      Apply maximum car parking rates as follows:

i.        For floorspace used for the purposes of Take Away Food and Drink Premises: 1 space / 30 square metres of Gross Floor Area or 30 spaces (whichever is less). Noting that the Planning Proposal also includes a 5-year sunset clause for this parking rate, after which time this rate would revert to the rate contained in the draft Parramatta CBD Planning Proposal.

ii.       For residential and other commercial floorspace not part of the use described in 3)(i): the rates which are currently contained in the Parramatta CBD Planning Proposal.

 

(b)     That Council advises DPIE that the Chief Executive Officer will not be exercising the plan-making delegations for this Planning Proposal as authorised by Council on 26 November 2012.

 

(c)     That a draft site-specific Development Control Plan (DCP) for the subject site be prepared that addresses matters including but not limited to:

 

1)      Further defining the preferred two-tower scheme, including podium heights and tower setbacks, with a view to minimising any non-compliances with relevant ADG requirements;

2)      Relationship to and mitigating impacts on Heritage Items;

3)      Traffic issues such as sightlines, vehicle queuing, pedestrian safety and bicycle parking;

4)      Demonstrating adaptive re-use potential of drive-through facility and at least some of the parking spaces proposed;

5)      Active frontage requirements; and

6)      Relationship to 383 Church Street isolated site.

 

(d)     That the CEO be authorised to negotiate a draft Planning Agreement with the landowner in accordance with the Parramatta CBD Community Infrastructure framework.

 

(e)     That the draft DCP and draft Planning Agreement are reported back to Council prior to their concurrent exhibition with the Planning Proposal.

 

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

 

The Panel decision was unanimous.

 

 

REASONS FOR DECISION

 

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

 

2.         The Planning Proposal is consistent with the Parramatta CBD Planning Proposal.

 

 

 

6.2

SUBJECT          Pre-Gateway: Planning Proposal for land at 1 Windsor Road, North Rocks

REFERENCE   RZ/9/2019 - D07390890

REPORT OF     Project Officer Land Use

 

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

 

-                 Angus White, Jeff mead and Tim Rogers were available to answer questions on behalf of the applicant.

2098

DETERMINATION

 

That the Local Planning Panel recommend to Council:

 

That the planning proposal not proceed for the reason that retail premises such as a Woolworths supermarket and liquor store should not be permitted at an isolated site but should be located in or attached to existing town or village centres, in line with sound strategic land use planning.

 

The Panel decision was:
FOR: D Lloyd, D Johnson and D Sutherland

AGAINST: K McDermott

 

 

 

6.3

SUBJECT          Pre-Gateway: Planning Proposal for land at 114-118 Harris Street, Harris Park

REFERENCE   RZ/9/2018 - D07402799

REPORT OF     Project Officer Land Use

 

The Panel considered the matter listed at Item 6.3, attachments to Item 6.3 and the matters observed at the site inspection

 

 

PUBLIC FORUM

 

-                 Adam Byrnes spoke on behalf of the applicant

2099

DETERMINATION

 

That the Local Planning Panel recommend to Council:

 

(a)     That Council endorse for the purposes of seeking a Gateway Determination from the Department of Planning, Industry and Environment, the Planning Proposal at 114–118, Harris Street, Harris Park (included as Attachment 1) which seeks the following amendments to Parramatta Local Environmental Plan 2011 in relation to the subject site:

 

1.      Increase the maximum building height from 54 metres (15 storeys) to 126 metres (32 storeys);

2.      Increase the maximum FSR on the Floor Space Ratio Map from 4:1 to 10:1;

3.      Inclusion of controls to deal with management of flooding including, but not limited to, provisions for safe refuge and ensure the building is capable of withstanding and does not obstruct flood flows; and

4.      Amend the Special Areas Provisions Map to identify the site and add site-specific controls that provide for the following:

a.      Provision outlining that the mapped FSR of 10:1 is subject to the sliding scale requirements of Clause 7.2 of the draft LEP provisions of the Parramatta CBD Planning Proposal.

b.      Requirement for minimum 1:1 commercial floor space

c.       Maximum parking rates, in line with the resolution of the City of Parramatta Council on 26 November 2019 with regard to parking rates in the Parramatta CBD Planning Proposal.

d.      Requirement to demonstrate Experiment Farm is not overshadowed by development of the site.

 

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

 

(c)     That a draft site-specific Development Control Plan (DCP) be prepared and reported to Council prior to its public exhibition. This draft DCP should address, at a minimum:

 

1.      Built form and massing;

2.      Building setbacks;

3.      Flooding; and

4.      Road widening.

 

(d)     That with regards to a Planning Agreement for the subject site:

 

1.      the applicant be invited to negotiate a Planning Agreement in line with Council’s policy position on Planning Agreements in the Parramatta CBD;

2.      delegated authority be given to the Chief Executive Officer to negotiate a draft Planning Agreement with the landowner in relation to the Planning Proposal on behalf of Council; and

3.      the outcome of the negotiations shall be reported back to Council prior to the draft Planning Agreement being placed on public exhibition.

 

(e)     That the Planning Proposal, DCP and Planning Agreement are concurrently exhibited.

(f)      That Council advises DPIE that the Chief Executive Officer will not be exercising the plan-making delegations for this Planning Proposal as authorised by Council on 26 November 2012.

(g)    That the high performance building bonus may apply to this particular site subject to no increase in height.

 

REASONS FOR DECISION

 

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

 

2.         The Planning Proposal generally conforms to the Parramatta CBD Planning Proposal with the exception of the additional paragraph (g) above.

 

ADDITIONAL NOTE
That if the planning proposal proceeds to the development application stage attention should be given to the degree of potential overshadowing of the park opposite.

 

  

The meeting terminated at 5.38pm.

 

 

 

 

 

 

Chairperson