NOTICE OF Local Planning Panel  MEETING

PUBLIC AGENDA

 

An Ordinary Local Planning Panel  will be held remotely via electronic means Tuesday, 15 September 2020 at 12.30pm.

 

 

 

 

Brett Newman

CHIEF EXECUTIVE OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Local Planning Panel                                                                           15 September 2020

 

TABLE OF CONTENTS

 

ITEM                                                         SUBJECT                                               PAGE NO

 

1       ACKNOWLEDGMENT OF THE TRADITIONAL LAND OWNERS

The City of Parramatta Council acknowledges the Burramattagal Clan of The Darug, the traditional land owners of Parramatta and pays its respects to the elders both past and present

2       WEBCASTING ANNOUNCEMENT

This public meeting will be recorded. The recording will be archived and available on Council’s website.

All care is taken to maintain your privacy; however if you are in attendance in the public gallery, you should be aware that your presence may be recorded.

3       APOLOGIES

4       DECLARATIONS OF INTEREST

5       Reports - Development Applications

5.1             OUTSIDE PUBLIC MEETING: 207 Church Street, Parramatta (Lot 1 DP 233150)....................................................................................................... 6

5.2             OUTSIDE PUBLIC MEETING: 13 Collett Parade, PARRAMATTA  NSW  2150 (Lot 33 DP 35120)........................................................................ 31

5.3             OUTSIDE PUBLIC MEETING: 16 Owen Street, Wentworthville (Lot 78 DP 9326)....................................................................................................... 461

5.4             OUTSIDE PUBLIC MEETING: 19-23 Post Office Street and 8 Donald Street, Carlingford NSW 2118 (Lot 1 in DP 877055 and Lot 1 in DP 1224438) (North Rocks Ward)........................................................... 498      

6       Innovative

Nil


 

Development Applications

 

15 September 2020

 

5.1              OUTSIDE PUBLIC MEETING: 207 Church Street, Parramatta (Lot 1 DP 233150)............................................................................................................................... 6

 

5.2              OUTSIDE PUBLIC MEETING: 13 Collett Parade, PARRAMATTA  NSW  2150 (Lot 33 DP 35120).................................................................................................... 31

 

5.3              OUTSIDE PUBLIC MEETING: 16 Owen Street, Wentworthville (Lot 78 DP 9326).......................................................................................................................... 461

 

5.4              OUTSIDE PUBLIC MEETING: 19-23 Post Office Street and 8 Donald Street, Carlingford NSW 2118 (Lot 1 in DP 877055 and Lot 1 in DP 1224438) (North Rocks Ward)............................................................................................................... 498


Local Planning Panel  15 September 2020                                                                          Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER         5.1

SUBJECT                  OUTSIDE PUBLIC MEETING: 207 Church Street, Parramatta (Lot 1 DP 233150)

DESCRIPTION          Section 8.3 Review of an application for change of use to an educational establishment.

REFERENCE            DA/45/2020 - 

APPLICANT/S           Evolve College Pty Ltd

OWNERS                    Holdmark Properties Pty Ltd

REPORT OF              Group Manager Development and Traffic Services         

 

This matter has received less than ten (10) unique submissions and will be considered outside of a public meeting as per Local Planning Panels Direction – Operational Procedures dated 30 June 2020 made under section 9.1 of the Environmental Planning and Assessment Act 1979.

 

DATE OF REPORT   15 september 2020

 

REASON FOR REFERRAL TO LPP

 

The application involves a Review of Determination of DA/45/2020, pursuant to Section 8.3 of the Environmental Planning and Assessment Act, 1979. 

 

EXECUTIVE SUMMARY

 

Site Details

 

The subject site is known as 207 Church Street, Parramatta (Lot 1, DP 233150). The subject site currently accommodates a three storey commercial building located within the Parramatta City Centre.

 

The site is zoned B4 Mixed Use under the Parramatta Local Environmental Plan 2011. Adjoining properties are also zoned B4 Mixed Use.  

 

Background

 

The application was refused under delegated authority on 9th June 2020. The reasons for refusal were as follows:

 

(a)  Pursuant to Section 4.15(1)(a)(v) of the Environmental Planning and Assessment Act 1979, the application is inconsistent with Clause 50 of the Environmental Planning and Assessment Regulation 2000 as the subject Development Application was accompanied with insufficient information relating to provisions contained in Schedule 1:

(i)  Confirmation of the property address to which the proposal is to operate;

(ii)  Architectural Plans which identify the premises sought for use; and

(iii) The submitted Statement of Environmental Effects accompanying the application did not provide details of the nature of the proposed use and as such, a detailed and accurate assessment of the proposal against the relevant development standards and controls cannot be carried out.

 

(b)  Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development did not provide sufficient detail demonstrating consistency with the applicable provisions contained in the Parramatta Development Control Plan 2011 in respect to:

(i)      An Operational Plan of Management did not accompany the subject Development Application and as such, a full and proper assessment of the application including hours of operation, type of classes, and student or staff numbers with respect to Section 5.3.3.6 Operational Plan of Management could not be carried out; and

(ii)     A Waste Management Plan was not accompanied with the application as prescribed in Appendix A8.1 Waste Management Guidelines.

 

Pursuant to Section 8.3 of the Environmental Planning and Assessment Act 1979, a Review of Determination was submitted with revised supporting documentation. It is considered the revised documentation has sufficiently responded to the concerns raised by Council during the assessment of the original application.

 

Proposed Development

 

The proposed development includes the following components:

 

·        Use of Shop 11 as an educational establishment known as ‘Evolve College’.

 

The proposed hours of operation are Monday to Sunday, 08:30 – 17:30.

 

Classes will be restricted to a maxiumim of 20 students, with two (2) teachers to be on site at any given time.

 

Signage at the premises is existing and comprises frosted film to the street front windows and infill panels within an existing under-awning light box. As no physical works have been undertaken, a Building Certificate is not required and all relavant assessment criteria pertaining to signage shall be addressed in the 4.15 assessment.

 

Additional information has been provided and amendments made to the proposal as follows:

 

·        Updated Statement of Environmental Effects;

·        Architectural plans showing the location of the subject tenancy; and,

·        The submission of a Waste Management Plan and Operational Plan of Management.

 

The application was not required to be notified in accordance with Section 5.4 (f) ‘Changes of use in a business zone where there will be no detrimental impact on the neighbourhood.

 

The proposal has been assessed in accordance with Section 4.15 (1) of the Environmental Planning and Assessment Act, 1979. The proposed development is consistent with the requirements of both the Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011.

 

The proposal is permissible in the B4 Mixed Use zone and results in a development which is suitable in the context of the locality and future desired character of the area. A merit based assessment has determined the proposal is satisfactory, responds suitability to the context of the site and is in the public interest. Accordingly, the application is recommended for approval subject to conditions of consent.

 

 

RECOMMENDATION

 

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/45/2020 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 the conditions imposed on this application are as follows:

 

1.      To facilitate the orderly implementation of the objectives of the Environmental Planning and Assessment Act 1979 and the aims and objectives of the relevant Council Planning instrument.

2.      To ensure that the local amenity is maintained and is not adversely affected and that adequate safeguards are incorporated into the development.

3.      To ensure the development does not hinder the proper and orderly development of the subject land and its surrounds.

4.      To ensure the relevant matters for consideration under Section 4.15 of Environmental Planning and Assessment Act 1979 are maintained.

 

 

Aaron Essenhigh

Development Assessment Officer

 

 

 

 

Attachments:

1

Assessment Report & Conditions

20 Pages

 

2

Locality Map

1 Page

 

3

Plan used during assessment

1 Page

 

 

 

REFERENCE MATERIAL

 


Item 5.1 - Attachment 1

Assessment Report & Conditions

 

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Item 5.1 - Attachment 2

Locality Map

 

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Item 5.1 - Attachment 3

Plan used during assessment

 


Local Planning Panel  15 September 2020                                                                          Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER         5.2

SUBJECT                  OUTSIDE PUBLIC MEETING: 13 Collett Parade, PARRAMATTA  NSW  2150 (Lot 33 DP 35120)

DESCRIPTION          Demolition and construction of a 4-storey boarding house development pursuant to the SEPP (Affordable Rental Housing) 2009 comprising 17 boarding rooms and basement car parking. The application is Integrated Development under the Water Management Act 2000.

REFERENCE            DA/220/2020 - 

APPLICANT/S           M Ahal C/- PTI Architecture

OWNERS                    Mr C Ahal and Mr M Ahal

REPORT OF              Group Manager Development and Traffic Services         

 

This matter has received less than ten (10) unique submissions and will be considered outside of a public meeting as per Local Planning Panels Direction – Operational Procedures dated 30 June 2020 made under section 9.1 of the Environmental Planning and Assessment Act 1979.

 

DATE OF REPORT   18 August 2020

 

REASON FOR REFERRAL TO LPP

 

The application is referred to the Parramatta Local Planning Panel as the proposed development exceeds the maximum height for the site permitted by Clause 4.3 – Building height in the Parramatta Local Environmental Plan (PLEP) 2011 by more than 10%. The site has a maximum building height of 11m and the proposed height is 13.1m, which represents a variation of 2.1m or 19%.

 

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 site is known as 13 Collett Parade, Parramatta. The site is a regular shaped allotment with a total area of 566.6m2 and frontage width of 17.38m to Collett Parade. The site currently contains one single storey dwelling house and is zoned R4 High Density Residential. Adjoining the site to the east and south is vacant land and a car parking area associated with Western Sydney University, and west of the site is a double storey multi dwelling house development (9-11 Collett Parade).

 

The proposed development seeks development consent for the following:

·        Demolition of existing structures;

·        Construction of a 4 storey boarding house containing 17 boarding rooms, including one manager’s room, and basement car parking; and

·        Provision of 9 car spaces, including 2 accessible parking space and a double car stacker for 7 parking spaces. 4 motorcycle and 4 bicycles parking spaces are also provided at the basement level.

 

The application proposes to exceed the 11m maximum building height control by 2.1m (19% variation), resulting in a maximum height of 13.1m. The application was accompanied by a Clause 4.6 Statement, which is not considered to be well founded.  Whilst it is noted that variation is partially due to flooding requirements and the sloping nature of the site, the proposal is inconsistent with the objectives under clause 4.3 Height. The proposal in its current form would be visually intrusive on an isolated site when viewed from the public domain.

 

The development application was reviewed by Council’s Design Excellence Advisory Panel. The Panel does not support the proposal in its current form and advised that there are a number of significant issues with the proposal that need to be addressed, including building height, setbacks, building façade and articulation and setbacks.

 

The application was advertised in accordance with Council’s advertising procedures contained within Appendix 5 of the Parramatta Development Control Plan 2011. In response, no submissions were received.

 

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 demonstrates an unsatisfactory response to the objectives and controls of the applicable planning provisions. The proposal in its current form is not suitable for the site and is not in the public interest. Therefore, it is recommended that the application be refused.

 

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, refuse development consent to DA/220/2020 for the following reasons:

 

1.      State Environmental Planning Policy (Affordable Rental Housing) 2009

 

i.        The proposed development in its current form is unsuitable on the site and does not exhibit a satisfactory building form and massing in that it is inconsistent with the following provisions prescribed within SEPP (Affordable Rental Housing) 2009:

i. Clause 30A – The proposed development in its current form is not in harmony with the existing and future desired character of the locality.

 

2.      Parramatta Local Environmental Plan 2011

 

i.        The proposed development is inconsistent with clause 1.2(2)(h) ‘Aims of plan’ in the Parramatta Local Environmental Plan 2011 as it does not contribute towards the orderly and sustainable development of Parramatta, and results in an overdevelopment on a constrained, isolated site.

ii.       The proposal does not comply with clause 4.3 ‘Height of buildings’ as it will result with a building height that contravenes the maximum building height and fails to reinforce and respect the existing character and scale of the street, which is gradually transitioning from low density residential development to high density residential development.

iii.      The proposal fails to demonstrate compliance with the height of buildings development standard is unreasonable or unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify contravening the development standard as required by clause 4.6(3) of the Parramatta Local Environmental Plan 2011.

 

3.      Parramatta Development Control Plan 2011

 

i.        The proposed development does not exhibit a satisfactory building form and massing and is inconsistent with the following provisions of Parramatta Development Control Plan 2011:

·        Section 3.1.3 – Preliminary Building Envelopes: Excessive building height, non-compliant front, side and rear setbacks, insufficient site frontage, no deep soil zones and inadequate landscaped areas.

·        Section 3.2.5 Streetscape Appearance – The development does not positively contribute to the streetscape quality of Collett Parade, as it creates excessive building dominance to the street frontage on an isolated site. In this regard, it is inconsistent with objectives O.1 and O.3.

·        Section 3.7.2 – Site Consolidation and Development on Isolated Sites: The proposal is inconsistent with Objective O.2 and Design Principle P.3.

·        Section 5.1 – Boarding Houses: The proposal is inconsistent with the following objectives and design principles in Section 5.1:

o   Objectives O.7 and O.8, and Design Principles P.4, P.10, P.21, P.46, P.48, P.55 and P.60

 

4.      Environmental Planning and Assessment Act 1979

 

i.        The proposed development in its current form is inconsistent with Section 1.3(c) of the EP&A Act 1979, as it fails to promote the orderly and economic use of the subject site.

ii.       The proposed development is not considered to be in the public interest and fails to satisfy section 4.15(1)(b), (c), (d), and (e) of the Environmental Planning and Assessment Act 1979.

 

(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.

 

 

Aryan Qayumi

Senior Development Assessment Officer

 

 

 

Attachments:

1

Assessment Report

53 Pages

 

2

Locality Map

1 Page

 

3

Plans used during assessment

16 Pages

 

4

Internal plans used during assessment (confidential)

9 Pages

 

5

Documents used during assessment

358 Pages

 

 

 

REFERENCE MATERIAL


Item 5.2 - Attachment 1

Assessment Report

 

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Item 5.2 - Attachment 2

Locality Map

 

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Item 5.2 - Attachment 3

Plans used during assessment

 

















Item 5.2 - Attachment 5

Documents used during assessment

 

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Local Planning Panel  15 September 2020                                                                          Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER         5.3

SUBJECT                  OUTSIDE PUBLIC MEETING: 16 Owen Street, Wentworthville (Lot 78 DP 9326)

DESCRIPTION          Demolition of the existing dwelling and subdivision of 1 lot into 2 lots.

REFERENCE            DA/176/2020 - 

APPLICANT/S           D Anthonysamy

OWNERS                    L K Rajagopal & R Ramakrishnan

REPORT OF              Group Manager Development and Traffic Services         

 

This matter has received less than ten (10) unique submissions and will be considered outside of a public meeting as per Local Planning Panels Direction – Operational Procedures dated 30 June 2020 made under section 9.1 of the Environmental Planning and Assessment Act 1979.

 

DATE OF REPORT   15 September 2020

 

REASON FOR REFERRAL TO LPP

 

The application is referred to the Parramatta Local Planning Panel as the proposed subdivision does not achieve the minimum lot size required by Clause 4.1 – Minimum Lot Size in the Parramatta Local Environmental Plan (PLEP) 2011 by more than 10%.

 

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 proposed development seeks to demolish all structures and subdivide the lot into two lots.

·    Lot 1 will have a street frontage and an area of 550m2.

·    Lot 2 is a battle-axe site with an area of 727.5m2 (597.7m2 excluding the access handle).

 

Pursuant to Clause 4.1 of PLEP 2011, the minimum lot size for the subject site is 550m2, and 670m2 for battle-axe sites, excluding the area of the access handle.

 

The proposed rear lot does not meet the required minimum lot size and proposes a variation of 72.3m2 (10.8%).

Lot 1 does not meet the minimum site frontage as per the Parramatta DCP 2011.

 

A Clause 4.6 written request was submitted with the development application to vary the PLEP’s development standard for minimum lot size.

 

The applicant relied on historic subdivisions created under repealed legislation affording their site to continue the proposed subdivision pattern as was approved for their western neighbour, 18 Owen Street, in 2005, and in doing so, meet the objectives of the PLEP 2011. Additionally, the applicant relied on the various site constraints to justify the inability for the proposal to achieve compliance.

Council has formed the position that the development standard is both reasonable and necessary, and that the Clause 4.6 is not well founded.

 

In response to the advertising period, no unique submissions were received.

 

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 unsuitable for the site and is not in the public interest. The proposal is recommended for refusal.

 

RECOMMENDATION

 

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, refuse development consent to DA/176/2020 for the following reasons:

 

1.      In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act, the proposal does not achieve the objectives of the R2 Low Density Residential zone of the Parramatta Local Environmental Plan 2011 as the proposal cannot maintain minimum lot area standards;

 

2.      In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act, the proposal does not comply with Clause 4.1 Minimum subdivision lot size of Parramatta Local Environmental Plan 2011;

 

3.      In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act, the submitted Clause 4.6 Statement does not provide sufficient justification against court judgements FourFive and Micaul to demonstrate why the standard is unreasonable and unnecessary. In addition, the submitted Clause 4.6 Statement does not demonstrate that there are sufficient environmental planning grounds to justify contravening the minimum subdivision lot size development standard;

 

4.      In accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act, the proposal fails to comply with the Parramatta Development Control Plan 2011 with respect to Residential Subdivision;

 

5.      In accordance with Section 4.15(1)(b) of the Environmental Planning and Assessment Act, the proposal would set an undesirable precedent in the immediate vicinity;

 

6.      In accordance with Section 4.15(1)(c) of the Environmental Planning and Assessment Act, the site is not considered suitable for the proposed development; and

 

7.      In accordance with Section 4.15(1)(e) of the Environmental Planning and Assessment Act, the proposal is not in the public interest.

 

 

Najeeb Kobeissi

Development Assessment Officer

 

 

 

Attachments:

1

Assessment Report

15 Pages

 

2

Locality Map

1 Page

 

3

Plan used during assessment

1 Page

 

4

Clause 4.6 Statement

8 Pages

 

5

Site Photos

9 Pages

 

 

 

REFERENCE MATERIAL

 


Item 5.3 - Attachment 1

Assessment Report

 

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Item 5.3 - Attachment 2

Locality Map

 

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Item 5.3 - Attachment 3

Plan used during assessment

 


Item 5.3 - Attachment 4

Clause 4.6 Statement

 

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Item 5.3 - Attachment 5

Site Photos

 

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Local Planning Panel  15 September 2020                                                                          Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER         5.4

SUBJECT                  OUTSIDE PUBLIC MEETING: 19-23 Post Office Street and 8 Donald Street, Carlingford NSW 2118 (Lot 1 in DP 877055 and Lot 1 in DP 1224438) (North Rocks Ward)

DESCRIPTION          Boundary adjustment, subsequent subdivision into two (2) lots in accordance with the lot amalgamation approved under The Hills Shire Council consent DA/20/2016/JP including removal of easements to drain water, part removal of right-of-carriageway driveway and new boundary fencing.

REFERENCE            DA/204/2020 - 

APPLICANT/S           Chast Corporation Pty Ltd

OWNERS                    Chast Corporation Pty Ltd

REPORT OF              Group Manager Development and Traffic Services         

 

This matter has received less than ten (10) unique submissions and will be considered outside of a public meeting as per Local Planning Panels Direction – Operational Procedures dated 30 June 2020 made under section 9.1 of the Environmental Planning and Assessment Act 1979.

 

DATE OF REPORT   15 SEPTEMBER 2020

 

REASON FOR REFERRAL TO LPP

 

This application is referred to the Parramatta Local Planning Panel (PLPP) as the proposed boundary adjustment (subdivision) contravenes the minimum subdivision lot size development standard by more than 10% (Clause 4.1 Minimum Subdivision Lot Size development standard of the Parramatta (former The Hills) Local Environmental Plan 2012).

 

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 the boundary adjustment, subsequent subdivision into two (2) lots in accordance with the lot amalgamation approved under The Hills Shire Council consent DA/20/2016/JP including removal of easements to drain water, part removal of right-of-carriageway driveway and new boundary fencing.

 

The proposal is defined as a ‘subdivision’ and is permissible in the R4 High Density Residential Zone under the provisions of Parramatta (former The Hills) Local Environmental Plan 2012.

 

Clause 4.1(3) of the Parramatta (former The Hills) LEP 2012 provides that the size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land. The minimum subdivision lot size for the subject site and across the R4 Zone land within the Carlingford precinct is 1,800 m2. The application proposes a boundary adjustment resulting in a lot size of 482.8 m2 to No.8 Donald Street, Carlingford which is a variation of 1,317.2 m2 or 73.1%.

 

The application was accompanied by a Clause 4.6 Statement, which is considered well founded. The primary reason for this departure is due to The Hills Shire Council approval to DA/20/2016/JP which created the isolated No.8 Donald Street property of approximately 345.9 m2. In addition, the proposal seeks to increase the No.8 Donald Street lot size and improve its access, as the right-of-carriageway is no longer required to the former No.8A Donald Street property, as it now forms part of the larger approved 19-23 Post Office Street development site.

 

The proposal is generally in accordance with the relevant statutory and policy provisions. An assessment of the proposal against the relevant provisions of the Parramatta (former The Hills) Local Environmental Plan 2012 and Parramatta Development Control Plan 2011 concludes that the proposal will improve the lot size and shape

 

The application was reviewed by Council’s Development Engineer. No objections to the proposal were raised, subject to conditions of consent.

 

In accordance with Section 3.4 of THDCP 2012 public notification is not required for the boundary adjustment (subdivision).

 

The proposal is considered to result in a development which is suitable in the context of the emerging character within the locality. Non-compliances are acknowledged with the proposal and these have been discussed with the Section 4.15 Assessment Report. A merit assessment of the application has determined that the proposal is satisfactory and does not result in unreasonable impacts to adjoining and surrounding properties.

 

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 suitable for the site and is in the public interest. The proposal is recommended for approval subject to conditions for the following reasons:

 

1.  The development is permissible in the R4 zone and satisfies the requirements of all of the applicable planning controls with one exception being Clause 4.1 Minimum Lot Size under Parramatta (former The Hills) LEP 2012.

2.  A written request to vary the minimum subdivision lot size has been received. Accordingly, Council believes that there are sufficient environmental planning grounds to justify the variation and finds that the application is satisfactory. Council is therefore satisfied that the Applicant’s Clause 4.6 variation request has adequately addressed the matters required to be demonstrated in Clause 4.6(3) of Parramatta (former The Hills) LEP 2012 and that the proposed development will be the public interest because it is consistent with the objectives of the minimum subdivision lot size control and the objectives for development within the R4 zone in which the development is proposed to be carried out.

3.  The development will be compatible with the emerging and planned future character of the area.

4.  For the reasons given above, approval of the application is in the public interest.

 

RECOMMENDATION

(a)     That the Parramatta Local Planning Panel (PLPP) support the variation to Clause 4.1 Minimum Lot Size of the Parramatta (former The Hills) Local Environmental Plan 2012 under the provisions of Clause 4.6.

(b)     That the Parramatta Local Planning Panel (PLPP), exercising the functions of Council, pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, grant development consent to DA/204/2020 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 the conditions imposed on this application are as follows:

1.      To facilitate the orderly implementation of the objectives of the Environmental Planning and Assessment Act 1979 and the aims and objectives of the relevant Council Planning instrument.

2.      To ensure that the local amenity is maintained and is not adversely affected and that adequate safeguards are incorporated into the development.

3.      To ensure the development does not hinder the proper and orderly development of the subject land and its surrounds.

4.      To ensure the relevant matters for consideration under Section 4.15 of Environmental Planning and Assessment Act 1979 are maintained.

 

 

Shaylin Moodliar

Senior Development Assessment Officer

 

 

 

Attachments:

1

Assessment Report & Conditions

31 Pages

 

2

Locality Map

1 Page

 

3

Plans used during assessment

5 Pages

 

4

Clause 4.6 Statement

5 Pages

 

 

 

REFERENCE MATERIAL

 


Item 5.4 - Attachment 1

Assessment Report & Conditions

 

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Item 5.4 - Attachment 2

Locality Map

 

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Item 5.4 - Attachment 3

Plans used during assessment

 






Item 5.4 - Attachment 4

Clause 4.6 Statement

 

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