MINUTES OF THE Local Planning Panel  HELD REMOTELY VIA AUDIO-VISUAL LINK ON Tuesday,  21 July 2020 AT 3.33pm

 

PRESENT

 

Mary-Lynne Taylor in the Chair, Sue Francis, Alf Lester and Ian Gilbertson.

 

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.

 

REPORTS - DEVELOPMENT APPLICATIONS

 

5.1

SUBJECT          25 Ray Road, Epping (Lot 2 DP 1180988)

DESCRIPTION Tree removal, alterations and lower ground floor additions to convert an existing heritage listed item of local significance (‘Woodlands’) into a 50 place centre-based child care facility with new at-grade parking for 12 vehicles.

REFERENCE   DA/19/2020 - 

APPLICANT/S  AB Works

OWNERS          Ms Y X A Guo

REPORT OF     Group Manager Traffic & Development

 

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

 

-                 Ka Chun Tse spoke against the application

-                 Mike Moffat spoke against the application

-                 Sandy Soukhavong spoke against the application

-                 Jonathon Wood, Brad Vale and Peter Dimou spoke on behalf of the applicant.

2100

DETERMINATION

 

That the Parramatta Local Planning Panel defers determination of DA/19/2020 to allow amended plans to be provided to address the matters raised in the reasons for decision set out below.

 

The decision of the Panel was unanimous.

 

 

REASONS FOR DECISION

 

1.         The Panel believes that the proposed use  of the heritage item is acceptable but notes the problems that arise from the major use of the front garden for paving as car parking use.

 

2.         The Panel therefore believes that due to the heritage significance of the site and close proximity to public transport a reduction in car parking spaces would be appropriate subject to redesign. Accordingly the application is deferred to allow the applicant to submit an alternative layout for car parking on the site which may involve the following:

a.         An in-out driveway solution utilising the existing northern driveway and a new access point in the general location of the existing lychgate.

b.         Reducing the number of staff car parks to a minimum and requiring parents to drop off their children in the circular driveway. Further staff parking to be provided where appropriate throughout the site.

c.         Retention of existing mature trees wherever possible.

d.         Consideration to be given to lowering of the car parking area.

 

3.         The Panel supports the principle of landscaping parallel to the Ray Road frontage.

 

4.         The Panel requires the submission of amended plans and technical reports within 28 days of this meeting.

 

 

 

 

5.2

SUBJECT          36 Orchard Road, Beecroft (Lot 10 DP 31392)

DESCRIPTION Demolition of existing structures, tree removal and construction of a double-storey 60 place child care centre including basement car parking and associated business identification signage.

REFERENCE   DA/498/2019 - 

APPLICANT/S  SPD BOX HILL P/L

OWNERS          Orchard Investments & Holdings P/L

REPORT OF     Group Manager Traffic & Development

 

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

 

-                 Ross Walker spoke against the application.

-                 Michael Wang spoke against the application.

-                 Kirk Koelmeyer spoke against the application.

-                 Jason Lambropoulos spoke on behalf of the applicant.

 

2101

DETERMINATION

 

(a)     That Parramatta Local Planning Panel, exercising the functions of Council as the consent authority pursuant to the provisions of 4.16(1)(b) of the Environmental Planning and Assessment Act, 1979, refuse development consent to DA/498/2019 for demolition of existing structures, site consolidation, tree removal and construction of a 60 place childcare centre at 36 Orchard Road, Beecroft for the following reasons:

 

1.      Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act, the proposal is inconsistent with the objectives of the R2 Zone of Hornsby Local Environmental Plan 2013 as the built form is of a bulk and scale that results in unreasonable amenity impacts to adjoining properties, adversely impacts on the streetscape and does not achieve satisfactory urban design outcomes.

 

2.     Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal fails to comply with Clause 23 of State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017 and the Child Care Planning Guideline 2017 as:

 

o   3.1  The proposal is contrary to the planning objectives within Part 1.3 of the Guideline in that the proposal is not compatible within the existing streetscape and the proposal does not adequately minimise adverse impacts on adjoining properties and the neighbourhood.

o   3.2    The proposal is contrary to the design principles of Part 2 of the Guideline in relation to context, built form, landscaping, amenity and safety. 

o   3.3 The proposal is contrary to the Part 3 considerations of the guideline with respect to Part 3.2 Local Character, Streetscape and the public domain interface, Part 3.3 Building Orientation, Envelope and Design, Part 3.4 Landscaping, Part 3.5 Visual and Acoustic Privacy and Part 3.6 Noise and Pollution.

3.      Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with the desired outcomes or the prescriptive measures of the Hornsby Development Control Plan 2013 in respect to Part 7.1.3 Setbacks.

 

4.      Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, the development would result in an adverse environmental and amenity impact on the surrounding built environment as the proposal would result in adverse visual and acoustic impacts, overshadowing impacts and not be consistent with the existing streetscape. 

 

5.      Pursuant to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the development would not be in the public interest as the proposal is contrary to the local planning controls.    

 

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

 

The decision of the Panel was unanimous.

 

 

REASONS FOR DECISION

 

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

 

2.         The Panel was concerned about the scale of the proposal as it presented to the southern boundary particularly relating to the elevated outdoor play area and its impact on the amenity of the southern residences.

 

3.         The Panel was not satisfied that the vehicle entry and manoeuvrability in the car parking area was sufficient for safe use as a parking area for childcare.

 

4.         The Panel agrees with the concerns expressed by the neighbours.

 

Innovative

 

6.1

SUBJECT          Post-exhibition: Planning Proposal, draft Development Control Plan and draft Planning Agreement for 33-43 Marion Street, Parramatta

REFERENCE   RZ/9/2017 - D07390080

REPORT OF     Project Officer, 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

 

There were no public forums considered on this matter.

 

2102

DETERMINATION

 

That the Local Planning Panel recommend to Council:

 

(a)     That Council notes the submissions made during the public exhibition of the Planning Proposal, draft site-specific Development Control Plan and draft Planning Agreement at 33-43 Marion Street, Parramatta, a summary of which is provided at Attachment 1.

 

(b)     That Council endorse for finalisation the Planning Proposal for land at 33-43 Marion Street (provided at Attachment 2) which seeks to amend Parramatta Local Environmental Plan 2011 by way of:

i.        Increasing the height of buildings control from 12 metres to 80 metres;

ii.       Increasing the floor-space ratio (FSR) control from 2:1 to 6:1 (6.9:1 with design excellence bonus);

iii.      De-listing the heritage item at 37 Marion Street, Parramatta;

iv.      Including a site-specific provision which allows for an additional 5 percent FSR bonus where the development achieves certain high performing building criteria; and

v.       Including a site-specific provision to require satisfactory arrangements for the provision of state infrastructure, as required by the Department of Planning, Industry and Environment  

subject to the Planning Proposal being amended to apply maximum car parking rates in accordance with the Parramatta CBD Strategic Transport Study.

 

(c)     That Council forward the Planning Proposal to the Department of Planning, Industry and Environment for finalisation and request that the final notification only be undertaken once Council confirms that the Planning Agreement has been signed and entered into.

 

(d)     That Council endorse for finalisation the site-specific Development Control Plan contained at Attachment 3 for insertion in Section 4.3.3 – Parramatta City Centre of Parramatta Development Control Plan 2011, noting amendments included in the attached Draft DCP relating to design controls for the through-site link following public exhibition.  

 

(e)     That Council delegate authority to the Chief Executive Officer to finalise the draft Planning Agreement after considering the amendments requested by the applicant but seeking to ensure that the final Planning Agreement satisfies the following principles:

i.        That the Planning Agreement be substantially the same as the exhibited version (at Attachment 4)

ii.       That Community Infrastructure be levied against all residential uplift that has been facilitated by the Planning Proposal

iii.      That if the development proposes a primarily residential development and any ancillary commercial development on this site is less than the current 2:1 base FSR then the commercial floor space provided should have no impact on the calculation of the community infrastructure payable.

iv.      If the development proposed is a mixed-use development and the development provides commercial floor space greater than the 2:1 base FSR or entirely commercial development then no community infrastructure should be charged for any commercial floor space exceeding the 2:1 base FSR on this site. (Note community infrastructure is not applied to any base FSR regardless of the use of this floor space).

v.       That Community Infrastructure not be levied against any bonuses achieved under the Parramatta LEP 2011 (such as design excellence and high performing buildings) or another Environmental Planning Instruments (such as Affordable Rental Housing or Seniors Housing SEPP).

 

(f)      That the Chief Executive Officer be authorised to sign the Planning Agreement on Council’s behalf.

 

(g)     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, Development Control Plan and Planning Agreement.

 

The decision of the Panel was unanimous.

 

 

REASONS FOR DECISION

 

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

 

 

 

The meeting terminated at 4.56 pm.

 

 

 

 

 

 

Chairperson