NOTICE OF Local Planning Panel  MEETING

PUBLIC AGENDA

 

An Ordinary Local Planning Panel  will be held in the Rydalmere Operations Centre, 316 Victoria Rd, Rydalmere Tuesday, 20 October 2020 at 3.30pm.

 

 

 

 

Brett Newman

CHIEF EXECUTIVE OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Local Planning Panel                                                                               20 October 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: 1A & 5 Fleet Street North Parramatta (Lot 1 DP 862127 & Lot 3 DP 806447)............................................................. 6

5.2             PUBLIC MEETING: 25 Ray Road, Epping (Lot 2 DP 1180988)... 144

5.3             PUBLIC MEETING: 2-8 River Road West, Parramatta (Lot 3 in DP 1223735 & CP in SP 94898) (Rosehill Ward)................................................... 294

5.4             PUBLIC MEETING: 233 Marsden Road, CARLINGFORD  NSW  2118 (Lots 1/2 DP 1023389) (St Pauls Cemetery)............................................. 325      

6       Innovative

6.1             PUBLIC MEETING: Post-Exhibition: Planning Proposal, Planning Agreement and Development Control Plan for 12 Hassall Street, Parramatta............................................................................................. 400


 

Development Applications

 

20 October 2020

 

5.1              OUTSIDE PUBLIC MEETING: 1A & 5 Fleet Street North Parramatta (Lot 1 DP 862127 & Lot 3 DP 806447)............................................................................. 6

 

5.2              PUBLIC MEETING: 25 Ray Road, Epping (Lot 2 DP 1180988)............ 144

 

5.3              PUBLIC MEETING: 2-8 River Road West, Parramatta (Lot 3 in DP 1223735 & CP in SP 94898) (Rosehill Ward)...................................................................... 294

 

5.4              PUBLIC MEETING: 233 Marsden Road, CARLINGFORD  NSW  2118 (Lots 1/2 DP 1023389) (St Pauls Cemetery).................................................................... 325


Local Planning Panel  20 October 2020                                                                               Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER         5.1

SUBJECT                  OUTSIDE PUBLIC MEETING: 1A & 5 Fleet Street North Parramatta (Lot 1 DP 862127 & Lot 3 DP 806447)

DESCRIPTION          Demolition of existing buildings and installation of the Parramatta Girls Industrial School (Parragirls) Memorial and associated landscape works, plus conservation of the northern section of the Fleet Street palisade fence and demolition of a number of non-significant and intrusive buildings and other structures within the Solitary Cell Block Enclosure (Artisans’ Yard) of the Cumberland Hospital (East Campus) site.

REFERENCE            DA/372/2020 - 

APPLICANT/S           Urbis

OWNERS                    Infrastructure NSW

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            20 October 2020

 

REASON FOR REFERRAL TO LPP


In accordance with Schedule 2 Item 4(c) of the Local Planning Panels Direction for Development Applications 2018, the subject application is required to be determined by the Parramatta Local Planning Panel (PLPP) as demolition of heritage items is proposed.

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 area subject of this application is within the ‘Parramatta Female Factory and Institutions Precinct’ as inscribed on the National Heritage List on 14 November 2017, and is therefore subject to the Environment Protection and Biodiversity Conservation Act 1999. The site is also listed on the State Heritage Register protected under the Heritage Act 1977, and is an item of environmental heritage under Parramatta Local Environmental Plan 2011.

 

The proposed development comprises of:

 

·        Demolition of two existing buildings and installation of the Parramatta Girls Industrial School (Parragirls) Memorial and associated landscape works;

·        Conservation of the northern section of the existing Fleet Street palisade fence; and

·        Demolition of a number of non-significant and intrusive buildings and other structures within the Solitary Cell Block Enclosure (Artisans’ Yard) of the Cumberland Hospital (East Campus) site.

 

Assessment of the application against the relevant planning framework and consideration of Council’s Technical specilists has not identified any fundamental issues of concern. The application is therefore satisfactory when evaluated against Section 4.15 of the Environmental Planning and Assessment Act 1979.

 

With respect to the issues and matters addressed in detail within Attachment 1, the application is reccomended for approval.

 

 

RECOMMENDATION

 

(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/372/2020 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.

 

(b)     That the submitters be advised of the Panel’s decision.

 

 

Thomas Fernandez

Development Assessment Officer

 

 

Attachments:

1

Assessment Report & Conditions

45 Pages

 

2

Locality Map

1 Page

 

3

Plans used during assessment

18 Pages

 

4

Statement of Environmental Effects

44 Pages

 

5

Section 60 Approval - Artisans Yard

4 Pages

 

6

Section 60 Approval - Front Garden & Memorial

12 Pages

 

7

Section 60 Approval - Palisade Fence

5 Pages

 

8

Section 65 Approval - Palisade Fence

6 Pages

 

 

 

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

Plans used during assessment

 



















Item 5.1 - Attachment 4

Statement of Environmental Effects

 

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Item 5.1 - Attachment 5

Section 60 Approval - Artisans Yard

 

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Item 5.1 - Attachment 6

Section 60 Approval - Front Garden & Memorial

 

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Item 5.1 - Attachment 7

Section 60 Approval - Palisade Fence

 

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Item 5.1 - Attachment 8

Section 65 Approval - Palisade Fence

 

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Local Planning Panel  20 October 2020                                                                               Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER         5.2

SUBJECT                  PUBLIC MEETING: 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 8 vehicles.

REFERENCE            DA/19/2020 - 

APPLICANT/S           AB Works

OWNERS                    Ms Y X A Guo

REPORT OF              Group Manager Development and Traffic Services         

 

 

DATE OF REPORT            20 October 2020

 

REASON FOR REFERRAL TO LPP

 

The application is referred to the Parramatta Local Planning Panel as the original report was deferred for amended plans to be submitted by the applicant to reduce the extent of car parking proposed and provide additional landscaped area on the site. The original application was referred to the Parramatta Local Planning Panel as more than ten submissions were received in relation to the proposal.

 

EXECUTIVE SUMMARY

 

This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 4.15 Addendum Assessment Report and Attachment 7, Original Section 4.15 Assessment Report.

 

The Site

The subject site is known as 25 Ray Road, Epping (Lot 2 DP 1180988). The site is an irregular shaped mid-block allotment and has a primary frontage and existing vehicular access off Ray Road. The site has an area of 1,348m2.

 

The subject site currently accommodates a single storey rendered cottage which is identified as a local heritage item known as “Woodlands” (Item 403) pursuant to the Hornsby Local Environmental Plan 2013. Adjoining the site to the north is a two storey dwelling. To the west of the site adjoining the rear boundary is a two storey townhouse development. Adjoining the site to the south are two four storey residential flat buildings with basement car parking.

 

The site is zoned R4 High Density Residential under the Hornsby Local Environmental Plan 2013. Properties to the north are zoned R2 Low Density Residential. Properties to the south, east and west are zoned R4 High Density Residential.

 

Background

A Development Application for 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 vehicleson land at 25 Ray Road, Epping was considered by the Parramatta Local Planning Panel at the public meeting of 21 July 2020.

 

The application was originally recommended for refusal as it was considered that the proposal was inconsistent with the aims and relevant clauses of Hornsby Local Environmental Plan 2013 and Hornsby Development Control Plan 2013.

 

At the Parramatta Local Planning Panel meeting, the Panel deferred the determination of the application for the following reasons:

 

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.

 

The original report presented to the Parramatta Local Planning Panel recommended refusal to the development application for ‘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’ at 25 Ray Road, Epping.

 

The Proposal

 

The proposed development includes the following components:

·    Removal of twelve trees;

·    Alterations and additions to the existing heritage listed dwelling;

·    Change of use of the existing dwelling to centre based child care facility for 50 children with at grade parking for 8 vehicles;

·    The proposed hours of operation are 7:00am until 6:00pm Monday to Friday.

 

Following the PLPP meeting held on 21 July 2020, the applicant has provided the following plans and documents:

 

·    A response letter to the deferral matters;

·    An amended architectural and landscape plans;

·    Revised traffic impact assessment letter;

·    A response letter from the applicant’s Heritage Architect; and

·    Amended stormwater plans

 

The key amendments to the proposal (the original consideration by the Parramatta Local Planning Panel) include:

 

·    Provision of a total of 8 car parking spaces;

·    Provision of 2 separate single width driveways, noting there is an ‘in’ and ‘out’ driveway to enable 1 way movement through the site;

·    Increase to the landscape plantings in the front setback noting the 6.5m landscape bed provided;

·    Provision of grass-crete parking surface as detailed on the submitted landscape plan.

 

The proposal was referred back to Council’s Development Engineer, Traffic Engineer and Landscape and Tree Officer who raised no objections subject to recommended conditions of consent. The application was previously referred to Council’s Social Outcomes Officer and Environmental Health Officer who raised no objections to the proposal.

 

The application was notified in accordance with Council’s notification procedures contained within DCP 2013. In response 26 unique submissions were received. The issues raised within those submissions are addressed within the original assessment report.

 

On 11 December 2017, Council resolved that:

 

“If more than 7 unique submissions are received over the whole LGA in the form of an objection relating to a development application during a formal notification period, Council will host a conciliation conference at Council offices”.

 

The application received 26 unique submissions during the formal notification period and as a result a Conciliation Conference was required to be held. In this instance, the application is recommended for refusal. Furthermore, Council’s Crisis Management Team suspended all Conciliation Meetings from 25 March 2020, for the foreseeable future, due to COVID19 and maintaining social distancing requirements. Therefore, a conciliation meeting in accordance with Council’s resolution was not required to be held for this application.

 

In accordance with Clause 5.5.9 of Council’s notification procedures entitled “Notifications of Amended Development Applications Where The Development Is Substantially Unchanged” the application did not require re-notification as the amended application is considered to be substantially the same development and does not result in a greater environmental impact.

 

The application has been amended to address the Panel’s resolution of 21 July 2020.

 

The matters for deferral raised by the Panel during the meeting of 21 July 2020 have been satisfactorily addressed. The proposal has been assessed in accordance with the matters for consideration outlined in Section 4.15(1) of the Environmental Planning and Assessment Act 1979. The proposed child care centre (as amended) is consistent with the aims, objectives and controls of the Child Care Guidelines 2017, Hornsby Local Environmental Plan 2013 and Hornsby Development Control Plan 2013.

 

The proposal is permissible in the R4 High Density Residential Zone and is suitable within the context of the future desired character of this locality. A merit assessment of the proposal as a whole has determined that the proposal is satisfactory and results in reasonable impacts to adjoining properties and the locality. The proposal is suitable for the site and is in the public interest.

 

RECOMMENDATION

 

(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/19/2020 for 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 8 vehicles on land at 25, Ray Road Epping (Lot 2 DP 1180988) for a period of five (5) years within which physical commencement is to occur from the date on the Notice of Determination, subject to the attached conditions of consent.

 

The reasons for approval are:

 

1.      The development is permissible in the R4 zone and satisfies the requirements of all of the applicable planning controls;

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

3.      The development does not detract from the heritage qualities of the existing heritage item on the site; and

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

 

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.

 

(b)     Further, that submitters are advised of the decision.

 

Sohini Sen

Senior Development Assessment Officer

 

 

Attachments:

1

Addendum Assessment Report & Conditions

58 Pages

 

2

Locality Map

1 Page

 

3

Plans used during assessment

15 Pages

 

4

Applicant response letter to deferral matters

5 Pages

 

5

Heritage letter

1 Page

 

6

Revised Traffic Assessment

8 Pages

 

7

Original Section 4.15 Assessment Report

57 Pages

 

 

 

REFERENCE MATERIAL

 


Item 5.2 - Attachment 1

Addendum Assessment Report & Conditions

 

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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 4

Applicant response letter to deferral matters

 

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Item 5.2 - Attachment 5

Heritage letter

 

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Item 5.2 - Attachment 6

Revised Traffic Assessment

 

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Item 5.2 - Attachment 7

Original Section 4.15 Assessment Report

 

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Local Planning Panel  20 October 2020                                                                               Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER         5.3

SUBJECT                  PUBLIC MEETING: 2-8 River Road West, Parramatta (Lot 3 in DP 1223735 & 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 Condition 43 to permit live music and entertainment and amending Conditions 1, 6 and 38 to permit outdoor dining and to extend trading hours to operate between 7am until 12am (midnight), 7 days a week.

REFERENCE            DA/915/2016/D - 

APPLICANT/S           Think Planners

OWNERS                    Parariver Pty Ltd

REPORT OF              Group Manager Development and Traffic Services         

 

 

DATE OF REPORT            20 october 2020

 

REASON FOR REFERRAL TO LPP

 

The application is referred to the Parramatta Local Planning Panel (PLPP) as the proposal has received one hundred and eighteen (118) unique submissions including 1 petition against the development.

 

EXECUTIVE SUMMARY

 

This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 4.15/4.55 Assessment Report.

 

Approval is sought to amend Condition 43 to permit live music and entertainment and amending Conditions 1, 6 and 38 to permit outdoor dining and to extend trading hours to operate between 7am until 12am (midnight), 7 days a week.

 

On 15 December 2016, Council granted delegated approval to a Development Application No. DA/915/2016 for fit-out and use of shop 1 as a food and drink premises ‘restaurant’.

 

On 7 April 2017, Council granted delegated approval to a modification No. DA/915/2016/A to amend the provision of outdoor seating and hours of operation contained within Conditions 1, 6, 38 & 38A. A trial period for 12 months were imposed under Conditions 6 (to permit outdoor dining) & 38 (hours of operation) with a further application to be lodged to continue the operating hours and outdoor dining no less than 30 days before the end of the trial period.

 

During the 12-month trial period, NSW Police (Cumberland Police Area Command – Licensing Enforcement Unit) have observed a number of operational and management issues with the premises ‘On Sunset Restaurant’ and found that the premises have been breaching a number of conditions of the Liquor License and to Conditions 6, 38 & 51 of DA/915/2016/A.

 

 

It is further noted that further applications (DA/915/2016/B and DA/915/2016/C) to modify DA/915/2016 and the amending DA/915/2016/A were lodged. DA/915/2016/B and DA/915/2016/C garnered a substantial number of complaints from the community and both applications were subsequently withdrawn by the applicant.

 

As no such further application has been approved for a continuance and/or extension of the hours of operation/outdoor dining permitted by the amending DA/915/2016/A, the 12 month trial period for Conditions 6 (outdoor dining) & 38 (hours of operation) revert to the originally approved DA/915/2016.

 

Further, Council’s Regulatory Services, Environmental Health and Compliance and City Safety and Security teams have observed non-compliances to Condition 6 (outdoor dining); Condition 38 (hours of operation); Condition 38A (Complaints Register); Condition 43 (live music or entertainment); and Condition 45 (no external speakers).

 

The proposal was notified in accordance with the provisions of PDCP 2011. One hundred and eighteen (118) unique submissions including 1 petition against the development were received. Issues raised within the submissions relate to breach to the existing conditions of consent, hours of operation, traffic and parking within the streets, smoke from cooking and cigarettes (including shisha or hookah) entering residential apartments above, noise from patrons, loud and live music, unruly behaviour of patrons, illegal car parking on grass verges and along the Parramatta River cycleway, illegal building works/fire safety regarding unauthorised building works, reduction of property values, illegal use of common areas under SP 94898 and unnecessary risks during the COVID-19 pandemic.

 

A merit assessment of the application has determined that the proposal will not be satisfactory and results in unreasonable impacts to the adjoining properties, with regard to adverse noise impacts and hours of operation resultant from the non-compliance with Conditions 1, 2, 6, 38, 38A, 43, 45 & 51 of the development consent DA/915/2016.

 

The amenity impacts on surrounding residential properties is unreasonable based on the existing non-compliances with the hours of operation and outdoor dining Conditions 6 & 38. Given the number of complaints from adjoining residents over a period of time, Council considers the proposed modification is not a suitable use of the site and approval of the proposal is not in the public interest.

 

After consideration of the proposal against Sections 4.15 & 4.55 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 Council, pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979, refuse 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 Condition 43 to permit live music and entertainment and amending Conditions 1, 6 and 38 to permit outdoor dining and to extend trading hours to operate between 7am until 12am (midnight), 7 days a week on land at Lot 3 in DP 1223735 and CP in SP 94898, 2-8 River Road West, Parramatta NSW 2150 for the reasons stated in Attachment 1.

 

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

 

 

Shaylin Moodliar

Senior Development Assessment Officer

 

 

Attachments:

1

Assessment Report

27 Pages

 

2

Locality Map

1 Page

 

3

Council's City Safety & Security Referral Response (confidential)

10 Pages

 

4

NSW Police Referral Response (confidential)

10 Pages

 

5

Council's Environmental Health & Compliance Referral Response (confidential)

3 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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Local Planning Panel  20 October 2020                                                                               Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER         5.4

SUBJECT                  PUBLIC MEETING: 233 Marsden Road, CARLINGFORD  NSW  2118 (Lots 1/2 DP 1023389) (St Pauls Cemetery)

DESCRIPTION          Development Application for Tree works (DAT) - Removal and replacement of trees in a heritage item.

REFERENCE            DAT/23/2020 - 

APPLICANT/S           St Paul's Anglican Carlingford & North Rocks

OWNERS                    Anglican Church Property Trust Diocese of Sydney

REPORT OF              Group Manager Development and Traffic Services         

 

 

DATE OF REPORT            20 OCTOBER 2020

 

REASON FOR REFERRAL TO LPP

 

The application is referred to the Parramatta Local Planning Panel (PLPP) as the proposal has received fifteen (15) unique submissions against the proposal.

 

EXECUTIVE SUMMARY

 

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

 

Under State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, a tree permit cannot be issued when the property is a heritage item or the property is within a heritage conservation area, and approval to remove a tree/trees in this instance can only be granted via a development application. 

 

St Paul's Cemetery, located at 233 Marsden Road Carlingford, is listed as a Heritage Item under Parramatta Local Environmental Plan (PLEP) 2011, and draft Heritage Item under Draft Parramatta Local Environmental Plan (DPLEP) 2020.

 

This development application seeks consent to remove 28 trees. The trees, which are listed for removal, are not individually listed as heritage items, but are located within an allotment that is listed.

 

The application was notified from 31 July 2020 – 21 August 2020. Fifteen (15) submissions were received in response as objections to the proposed development.

 

The proposal was reviewed by Council’s Tree Management and Landscape Officer (who is an AQF Level 5 Arborist) and Council’s Heritage Advisor.  No objections were raised to the removal of the trees, subject to the imposition of appropriate conditions of consent, as the trees are in decline and have a poor structure.

 

Replacement planting is proposed as part of the conditions of consent, along with other standard conditions that relate to the safe removal of trees. 

 

RECOMMENDATION

 

(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 DAT/23/2020 for the removal of 28 trees at St Paul's Cemetery,located at 233 Marsden Road, CARLINGFORD  NSW  2118 (Lots 1/2 DP 1023389).

 

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

 

 

Susteni Fonmudeh 

Development Advisory Officer

 

 

Attachments:

1

Assessment Report & Conditions

12 Pages

 

2

Locality Maps

4 Pages

 

3

Site Plan

1 Page

 

4

Site Photos

18 Pages

 

5

Arborist Report

36 Pages

 

 

 

REFERENCE MATERIAL

 


Item 5.4 - Attachment 1

Assessment Report & Conditions

 

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Item 5.4 - Attachment 2

Locality Maps

 

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Item 5.4 - Attachment 3

Site Plan

 

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Item 5.4 - Attachment 4

Site Photos

 



















Item 5.4 - Attachment 5

Arborist Report

 

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Innovative

 

20 October 2020

 

6.1              PUBLIC MEETING: Post-Exhibition: Planning Proposal, Planning Agreement and Development Control Plan for 12 Hassall Street, Parramatta................ 400


Local Planning Panel  20 October 2020                                                                               Item 6.1

INNOVATIVE

ITEM NUMBER         6.1

SUBJECT                  PUBLIC MEETING: Post-Exhibition: Planning Proposal, Planning Agreement and Development Control Plan for 12 Hassall Street, Parramatta

REFERENCE            RZ/15/2016 - D07534254

REPORT OF              A/Team Leader Land Use Planning       

 

LANDOWNER          Parra Rise Pty Ltd

APPLICANT            
Toplace

 

DEVLOPMENT APPLICATIONS CONSIDERED BY SYDNEY CENTRAL CITY PLANNING PANEL  Nil

PURPOSE:

The purpose of this report is to seek the Local Planning Panel’s advice to Council on the outcome of the public exhibition of the Planning Proposal, draft Development Control Plan and draft Planning Agreement for land at 12 Hassall Street, Parramatta.

 

 

RECOMMENDATION

 

That the Local Planning recommend to Council:

 

(a)     That Council receives and notes the submissions made during the public exhibition of the Planning Proposal, draft Development Control Plan (DCP) and draft Planning Agreement at 12 Hassall Street, Parramatta (a summary of submissions is provided at Attachment 1).

 

(b)     That Council endorse for finalisation the Planning Proposal for land at 12 Hassall Street, Parramatta (provided at Attachment 2), which seeks to amend Parramatta Local Environmental Plan 2011 as follows:

i.     Increase maximum building height (HOB) from 72 metres to 192 metres

ii.    Increase the mapped floor-space ratio (FSR) control from 8:1 to 14.5:1

iii.   Add site specific provisions which allow for a maximum total of 16:1 FSR inclusive of all bonuses as follows:

A.      That the mapped FSR of 14.5:1 is inclusive of the Design Excellence bonus under Clause 7.10 of PLEP 2011.

B.      Requirement for a minimum 1:1 Commercial FSR to be provided within the mapped 14.5:1 FSR.

C.     Provision of a 0.5:1 FSR bonus provided high-performing buildings standards are met (including clarification prior to submitting for finalisation that the bonus only applies in the case of a mixed-use residential development, and that the standards for other land uses are mandatory).

D.     Provision outlining an additional 1:1 FSR for non-residential floor-space

iv.   Add a site-specific clause which requires the development to demonstrate appropriate transition to nearby heritage items or conservation areas.

v.    Provision outlining a maximum parking rate for residential and commercial/community uses as follows:

i.     Residential uses:

Studios – 0.1 spaces/dwelling

1 bedroom – 0.3 spaces/dwelling

2 bedroom – 0.7 spaces/dwelling

3+ bedrooms – 1 space/dwelling

ii.    Commercial/community uses:

M= (G x A) / (50 x T) where

M is the maximum number of parking spaces

G is the gross floor area of all commercial and community uses in the building in sqm

A is the site area in square metres and

T is the total gross floor area of all buildings on the site in sqm

vi.   Inclusion of a satisfactory arrangements clause to enable the funding of state infrastructure (as required by the Gateway determination for this Planning Proposal)

vii.  Amend Clause 7.6 Airspace Operations of the Parramatta LEP 2011 to ensure Clause 7.6 applies to this site by inserting the site area on the Special Provisions Area Map in the LEP.

 

(c)     That Council submit the Planning Proposal to the Department of Planning, Industry and Environment (DPIE) for finalisation once Council has endorsed the DCP for finalisation and the Planning Agreement has been executed by Council.

 

(d)    That Council endorse the DCP at Attachment 3 for finalisation and insertion into Section 4.3.3 – Parramatta City Centre of Parramatta Development Control Plan 2011, subject to amendments to the controls relating to car parking and access.

 

(e)    That Council delegate authority to the Chief Executive Officer to finalise the      draft Planning Agreement at Attachment 4, and to sign the Planning Agreement on Council’s behalf.

 

(f)     That Council officers write to DPIE to advise them of Council’s resolution on this matter and to request that DPIE considers commencing finalisation processes (such as legal drafting and map-making) prior to the formal submission of the Planning Proposal referred to in c. above. (Note: The reason for making this request is to expedite plan-making processes.)

 

(g)     Further, that Council delegate authority to 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.

 

 

 

PLANNING PROPOSAL TIMELINE

PP diagramTHE SITE

 

1.      This Planning Proposal affects land at 12 Hassall St, Parramatta (Lot 156, DP 1230854), which has a site area of 2,055sqm. The site formerly housed the Parramatta PCYC and was sold to the current landowner in 2016.

 

Figure 1 – Site at 12 Hassall Street, Parramatta subject to the Planning Proposal

 

COMPARISON OF PLANNING CONTROLS: EXISTING, PARRAMATTA CBD PLANNING PROPOSAL AND SITE-SPECIFIC PLANNING PROPOSAL

 

2.      Table 1 outlines the planning controls for the site under (1) existing Parramatta LEP 2011, (2) the Parramatta CBD Planning Proposal and (3) the site-specific Planning Proposal.

 

 

Table 1: Summary of proposed controls

 

Parramatta LEP 2011

Parramatta CBD Planning Proposal

Site-specific Planning Proposal

Site Area

2,055sqm

Land Use Zoning

B4 - Mixed Use

Height of Buildings

72m (approx. 23 storeys)

192m (approx. 61 storeys)

192m  (approx. 61 storeys)

Floor-space ratio

8:1

10:1 Incentive FSR (including 1:1 mandatory Commercial FSR)

1.5:1 Design Excellence Bonus

0.5:1 High Performing Buildings bonus

3:1    Opportunity Site FSR

15:1 TOTAL FSR excluding additional commercial FSR

 

(Unlimited additional commercial FSR is also potentially available under the Parramatta CBD Planning Proposal.)

The FSR in this Planning Proposal is consistent with the outcomes of the Parramatta CBD Planning Proposal, but is structured differently in response to advice from DPIE that the structure in this site-specific should more closely reflect that of current PLEP 2011. (For further information on this matter, refer to the link provided at the end of this report under “Reference Material” commencing page 45 - particularly paragraphs 5-13.)

 

This Planning Proposal provides for a maximum FSR of 16:1 FSR, of which 1:1 is mandatory Commercial floor space and 1:1 is additional permissible FSR for non-residential floor space.

 

Therefore, the proposal contains 15:1 Total FSR excluding an additional 1:1 non-residential FSR.

Parking

 

Wide of range of parking rates relating to various land uses, including residential rates and general formula for commercial uses

One rate for residential uses and one rate for commercial/community uses are included. These rates are consistent with the residential and commercial rates included in the Parramatta CBD Planning Proposal (transitional issue, see discussion below)

High Performing Buildings

n/a

Variable performance targets

Fixed targets (transitional issue, see discussion below)

Number of dwellings 1

Approx. 193 units

Approx. 338 units (based on 85sqm/unit)

4,110sqm commercial / community uses

Approx. 338 units (based on 85sqm/unit)

4,110sqm commercial / community uses

1The number of dwellings has been estimated based on the maximum achievable residential gross-floor area divided by an average apartment size of 85m2

 

3.      Since this Planning Proposal was originally lodged in 2016, the Parramatta CBD Planning Proposal has been significantly developed and refined. There are two transitional issues with this Planning Proposal where it is technically inconsistent with the present provisions of the Parramatta CBD Planning Proposal. These two issues are described below.

 

Parking rates

4.      At the time of initially preparing this Planning Proposal, the Parramatta CBD Planning Proposal did not contain parking rates for the wide range of land uses that it now contains. There was also a site-specific need at 12 Hassall Street to consider what rate should be applied to non-residential floor space, as the applicant was indicating a potential to include community land uses on site.

 

5.      Therefore, this site-specific Planning Proposal contains a formula which is applied to both commercial and community uses and consistent with the formula for business and office premises within the current Parramatta CBD Planning Proposal, which would result in a total of 5 car parking spaces.  (It is noted that there are no specific parking rates for community facilities within Parramatta CBD Planning Proposal and no current parking rates for community facilities within the Parramatta LEP 2011 or Parramatta DCP 2011, however the PDCP 2011 requires land uses that aren’t listed to undertake site specific analysis or traffic surveys of similar facilities).

 

6.      It is acknowledged that dependent on the land uses proposed as part of a development application for the 4,110sqm of non-residential floorspace, the parking rate could differ if the present-day draft provisions of the Parramatta CBD Planning Proposal (which present specific parking rates for a wide range of land uses) applied. However based on the amount of non-residential floorspace proposed as part of the Planning Proposal this should not result in significantly higher than the maximum 5 car parking spaces.

 

7.      It is noted that the site-specific Planning Proposal contains a residential parking rate (based on number of bedrooms) consistent with the Parramatta CBD Planning Proposal, with a potential maximum provision of 215 car parking spaces.

 

8.      Council officers do not consider it appropriate that this site-specific Planning Proposal be held up by a re-exhibition to insert the new draft provisions that form part of the Parramatta CBD Planning Proposal in this regard. Therefore, Council officers recommend that this site-specific Planning Proposal be finalised with no amendments to the exhibited version in regards to parking.

 

9.      Any transitional issues relating to this policy area should be dealt with as part of the post-exhibition process for the Parramatta CBD Planning Proposal.

 

High Performing Buildings (HPB) provisions

10.    At the time of initially preparing this Planning Proposal, the draft Parramatta CBD Planning Proposal contained fixed targets relating to the environmental performance of buildings. Subsequently, the Parramatta CBD Planning Proposal was refined to include variable targets that would change over time based on an external index of building performance data. However, DPIE did not support this approach in the Gateway alteration that gave Council permission to exhibit the Parramatta CBD Planning Proposal. That alteration instead required that the draft provisions of the HPB clause be removed from the Parramatta CBD Planning Proposal, and that the exhibition version express the intent of the clause only.

 

11.    In the exhibited Parramatta CBD Planning Proposal, DPIE’s requirement referred to above was addressed by reinserting fixed targets based on an extract of data from an external index at a fixed point in time (in 2020). This means the exhibited version of the 12 Hassall St Planning Proposal is not consistent with the exhibited version of the Parramatta CBD Planning Proposal in this regard.

 

12.    The Applicant’s preferred reference design is for a mixed-use residential building, with predominantly residential uses. The residential energy targets nominated in the site-specific Planning Proposal are the same as the Parramatta CBD Planning Proposal (+10 points on BASIX). The residential water targets nominated in the site-specific Planning Proposal are lower than the Parramatta CBD Planning Proposal (+10 points on BASIX vs. +15 points on BASIX). Therefore, it is anticipated that the environmental performance of the building may be lower in terms of water targets than under the provisions of the Parramatta CBD Planning Proposal. The +5 point difference in relation to the water target would likely result in a reduction in the size of water tank (capacity) required on site.

 

13.    However, changing this site-specific Planning Proposal post-exhibition to match the Parramatta CBD Planning Proposal would require re-exhibition, and Council officers do not consider it is appropriate that this site-specific Planning Proposal is delayed due to this transitional issue. Therefore, Council officers recommend that the Planning Proposal be finalised with the earlier version of the HPB clause (i.e. with fixed targets) in order not to delay finalisation.

 

14.    Furthermore, the HPB Bonus for the current Parramatta CBD Planning Proposal was amended from a 0.5:1 Bonus to a 5% Bonus (as applied to the Incentive FSR) by Council at its meeting on 10 September 2018. However it is recommended that this site-specific Planning Proposal remain at 0.5:1 FSR bonus (as it applies to residential floorspace within a mixed use building). This would be consistent with the intent of the Parramatta CBD Planning Proposal as 0.5:1 FSR would be equivalent to 5% of 10:1 Incentive FSR. However the FSR is structured differently in response to advice from DPIE.

 

15.    As outlined above, this is considered an example of the transitional policy issues that arise as a result of considering site-specific Planning Proposals alongside a broader policy project.

 

16.    Any transitional issues relating to this policy area should be dealt with as part of the post-exhibition process for the Parramatta CBD Planning Proposal.

 

17.    The exhibited Planning Proposal for 12 Hassall St also included provision of a Satisfactory Arrangements clause for State Infrastructure. In the past, Council officers have objected when State Agencies have requested a Satisfactory Arrangements clause be inserted into other site-specific Planning Proposals in the Parramatta CBD in an ad-hoc manner. However, in the case of 12 Hassall St, this request was specifically included in the Gateway Determination (with which Council is required to comply). Council officers will continue to request in meetings and discussion with relevant DPIE officers that DPIE take a more transparent and consistent approach to applying Satisfactory Arrangements clauses.

 

DEVELOPMENT CONTROL PLAN AND PLANNING AGREEMENT

 

18.    Council endorsed the draft Development Control Plan (DCP) and draft Planning Agreement for exhibition on 11 June 2019.

 

19.    The exhibited draft DCP covers matters including building form, mix of uses, public domain, shared spaces and landscaping, and car parking and access.

 

20.    The exhibited draft Planning Agreement makes provision for a monetary contribution of $2,928,375.00 for the purposes of community infrastructure within the Parramatta City Centre. It is consistent with Council’s framework for Community Infrastructure in the Parramatta CBD. Table 2 demonstrates how the monetary contribution is calculated, taking into account the different rates that apply to Phase 1 (Incentive) and Phase 2 (Opportunity Sites) floorspace as part of the Parramatta CBD Community Infrastructure policy framework.

 

Table 2: Calculation of Planning Agreement contribution

Development parameters

12 Hassall Street

Site area

2,055sqm

Base Gross Floor Area

8:1 = 8 x 2,055sqm= 16,440sqm

Incentive Floor area (Phase 1)

10:1 = 10 x 2,055sqm = 20,550sqm

Uplift in Gross Floor Area (Phase 1)

(20,550sqm – 16,440sqm) = 4,110sqm

Community infrastructure payment required at $150/sqm

$616,500 (Mixed use development with residential and non-residential uses)

Opportunity Sites Floor Area (Phase 2)

3:1 = 3 x 2,055sqm = 6,165sqm

Uplift in Gross Floor Area (Phase 2)

6,165sqm

Community infrastructure payment required at $375/sqm

$2,311,875 (Mixed use development with residential and non-residential uses)

Total Community Infrastructure payment required

$616,500 + $2,311,875 = $2,928,375

 

PUBLIC EXHIBITION

 

21.    The Planning Proposal, draft DCP and draft Planning Agreement were publicly exhibited from 8 July 2020 to 5 August 2020, alongside supporting appendices including:

a)   Explanatory Note for the draft Planning Agreement

b)   Urban Design Report

c)   Gateway Determination and alterations (16 October 2018, 14 November 2019 and 20 May 2020)

d)   Council Minutes and Reports (11 June 2019, 26 February 2018 and 13 June 2017)

e)   Independent Hearing and Assessment Panel (IHAP) Minute and Report (16 May 2017)

f)    Overshadowing Technical Report for Parramatta CBD (November 2019) (Note: This report was included in the exhibition because the Gateway determination for this site required that the site-specific Planning Proposal address overshadowing impacts. These impacts were examined through Council’s Overshadowing Technical Report as part of work on the Parramatta CBD Planning Proposal. Furthermore, Council’s resolution of 11 June 2020 also required that the DCP and Planning Agreement for this site also be consistent with the outcomes of the overshadowing work. The Overshadowing Technical Report did not recommend any changes to this site’s controls as a part of the overshadowing analysis, therefore, no changes were made to the Planning Proposal, DCP or Planning Agreement in this regard.)

 

22.    The public exhibition included:

a)   Letters to neighbouring landowners and occupiers, as well as nearby landowners and occupiers anticipated to be impacted by overshadowing

b)   Letters to Transport for NSW, former Roads & Maritime Services, Heritage NSW, Department of Infrastructure and Regional Development, and Civil Aviation Safety Authority (as required by the Gateway determination)

c)   Exhibition materials placed on Council’s website and in hard copy at Council’s Customer Contact Centre at 126 Church Street, Parramatta.

 

23.    The public exhibition activities described above responded to the following considerations:

a) The COVID-19 Legislation Amendment (Emergency Measures) Act 2020 enacted on 14 May 2020 removed the requirement for hard copies of exhibition material to be made available during public exhibitions and removed the need to advertise public exhibitions of DCPs and Planning Agreements in a local newspaper.

b) Council officers have received written advice from DPIE officers confirming that advertisement of Planning Proposals in newspapers is not a requirement of DPIE’s during this time, as hard-copy local paper publishing has ceased.

c)  Community members could request alternative access to the exhibition material if required. However, Council officers did not receive any calls from the public requesting to access hard copy material.

 

24.    Ten submissions were received during the public exhibition period. This includes four from public agencies and six from community members. A summary of all submissions and Council officer responses is provided at Attachment 1. The submissions and response are discussed further in the following sections of this report.

 

PUBLIC AGENCY SUBMISSIONS SUMMARY AND RESPONSE

 

25.    Four submissions were received from public agencies as follows:

·    Civil Aviation Safety Authority

·    Endeavour Energy

·    Heritage NSW

·    Transport for NSW (TfNSW).

 

26.    A general summary and response to the public agency submissions is as follows:

a)      The content of the public agency submissions was generally consistent with that received through other exhibition processes for site-specific Planning Proposals in the Parramatta CBD. Three particular matters were raised that were unique to this Planning Proposal; these are addressed in further detail below.

b)      Council officers do not consider that any of the public agency submissions constitute an unresolved agency objection, nor should they prevent this Planning Proposal from proceeding to finalisation.

c)      Council officers consider that many of the matters raised across the public agency submissions are more relevant to the Development Application (DA) stage. These matters include obtaining relevant aerospace referrals, technical requirements relating to electrical utilities, a detailed consideration of heritage impacts, and further assessment and consultation about traffic management.

 

27.    Council officers consider that there were three specific matters raised during agency consultation which are prudent to include in this report (noting that all issues raised in these submissions are addressed in detail in Attachment 1):

a)    Endeavour Energy raised the issue that a substation might be required onsite. The Applicant has been notified of this issue, and this issue will be further examined through the Design Competition and Development Assessment stages.

b)    The Heritage NSW submission requested consultation with the Heritage Division of the Federal Department of Agriculture, Water and the Environment (DAWE), due to the site’s proximity to Lancer Barracks (which is on the Commonwealth Heritage list). DAWE was consulted; they did not object to the Planning Proposal, but they requested consultation at the DA stage to determine whether further approvals would be required under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

c)    TfNSW recommended amendments to the DCP as follows (underlined text is new text, strikethrough text to be removed):

 

C1. All vehicle/service vehicle access is to be via a driveway at the eastern end of the Hassall St frontage;

C2. Vehicle and service access widths to be minimised and integrated into the building design without causing queuing of vehicles into the public domain;

C3. Where possible, cCar parking, loading and garbage areas are to be located within the basement levels boundary of the site;

C4. The shared area along the eastern boundary shall ensure that the vehicular and private pedestrian accesses are suitably separated to avoid conflict and maintain safety;

C5. Vehicles, including service vehicles, shall enter and exit the site in a forward direction;

C6. All loading and servicing needs are to be catered for on-site and not rely on the surrounding kerbside on Hassall Street; and

C7. The design and location of vehicular access should minimise potential impacts to the operation of traffic signals at the intersection of Hassall Street and Charles Street.

 

28.    Council officers consider that the TfNSW suggested amendments are acceptable, with the exception of the amendment to C3 that suggests replacing “basement levels” with “boundary of the site”. Council officer’s preference is that vehicle activities are contained to basement levels in order to promote active frontages and podiums (rather than containing parking in the podium).

 

29.    Council officers clarified with TfNSW officers that the objective of TfNSW’s suggested amendments was focused on keeping vehicle activities on site and off the street, rather than particularly specifying the location of the vehicle activities onsite (i.e. in a basement vs. in a podium). Therefore, Council officers do not recommend that this particular change is included on the basis that specifying that these activities happen within the “basement level” (as the control was originally written) necessarily means they will be happening on site, and not on the street.

 

30.    Aside from the DCP changes outlined above relating to traffic, no other changes are recommended to the Planning Proposal, DCP or Planning Agreement as a result of the public agency submissions.

 

COMMUNITY SUBMISSIONS SUMMARY AND RESPONSE

 

31.    Across the six community submissions, the following concerns were raised with this proposal:

a)    Neighbourhood amenity (six submissions)

b)    Density and overdevelopment (five submissions)

c)    Building height and/or overshadowing (five submissions)

d)    Various concerns relating to planning process (four submissions)

e)    Traffic and parking (three submissions)

f)     Infrastructure impacts (three submissions)

g)    Public health and safety (two submissions)

h)   Equity with controls in nearby Heritage Conservation Area (one submission)

i)     Environmental concerns (one submission)

j)     Issues relating to commercial floorspace (one submission)

k)    A request that the site be made open space (one submission)

l)     Decrease in property values for nearby properties (one submission).

 

32.    Council officers note these submissions, and generally respond as follows:

a)    The concerns raised are generally consistent with concerns that have been raised during exhibitions of other site-specific Planning Proposals across the CBD, with the possible exception of public health concerns and provision of open space on the site.

b)    The exhibited materials are largely consistent with Council’s established policy position for future development in the Parramatta CBD (i.e. the Parramatta CBD Planning Proposal and Council’s policy framework on Community Infrastructure in the Parramatta CBD).

c)    It is acknowledged that whenever development potential is increased – as the Parramatta CBD Planning Proposal and this related site-specific Planning Proposal seek to do - some additional impacts are inevitably introduced. To some extent, these impacts are unavoidable in dense urban centres such as the Parramatta CBD. However, Council uses a number of different tools to minimise and mitigate these impacts throughout the development process. Furthermore, the position inherent in Council’s policy for growing the Parramatta CBD is that the benefits of a growing CBD generally outweigh the impacts that will necessarily accompany that growth.

 

33.    A more detailed summary and response to each of the concerns outlined above is included in the table at Attachment 1.

 

34.    Council officers do not consider that any changes are required to the Planning Proposal, DCP or Planning Agreement as a result of the submissions received from the community.

 

POST-EXHIBITION ISSUE – CLARIFICATION RELATING TO HIGH-PERFORMING BUILDINGS

 

35.    In working through the consistency of this site-specific Planning Proposal post-exhibition with the Parramatta CBD Planning Proposal, Council officers identified an oversight in the draft clause contained in the exhibited Planning Proposal relating to the High Performing Buildings (HPB) bonus.

 

36.    The HPB draft clause for this Planning Proposal as exhibited applies the bonus 0.5:1 FSR to all land use types – i.e. both commercial or residential uses. This is not consistent with the longstanding policy direction of the Parramatta CBD Planning Proposal, which is only to allow incentive FSR for environmental performance for residential land uses. The reasoning behind this policy is that Councils are allowed to mandate improved environmental performance for commercial land uses, but not for residential land uses, due to the requirements of the State Environmental Planning Policy (BASIX) 2005. Therefore, the Parramatta CBD Planning Proposal essentially incentivises better environmental performance for residential land uses, rather than mandating it.

 

37.    Council officers note that the intention of this site-specific Planning Proposal was to be consistent with the Parramatta CBD Planning Proposal with regards to this general policy direction for HPB. Therefore, it is recommended that a minor amendment be undertaken to the draft clause within the Planning Proposal to make clear that the HPB bonus only applies in the case of a residential development, and that improved environmental performance for other land use types is mandated without provision of bonus FSR.

 

38.    Council officers also note that the Applicant’s preferred development option as shown in the reference scheme for the Planning Proposal is residential. The above amendment would have no impact on this option, as the HPB bonus would be available to a residential project.

 

CONSULTATION & TIMING

 

39.    This report details the consultation undertaken with community and agencies in relation to this matter.

 

FINANCIAL IMPLICATION FOR COUNCIL

 

40.    The exhibited Planning Agreement makes provision for a monetary contribution of $2,928,375.00 for the purposes of community infrastructure within the Parramatta City Centre. It is consistent with Council’s framework for Community Infrastructure in the Parramatta CBD and no amendments to the Planning Agreement are recommended post-exhibition.

 

RECOMMENDATION

 

41.    Council officers recommend that the Planning Proposal, DCP and Planning Agreement for 12 Hassall Street are progressed towards finalisation.

 

42.    In the past, when Planning Proposals have been exhibited and are recommended for finalisation by Council officers, Council officers have generally recommended to Council that the Planning Proposals be forwarded to DPIE for finalisation to commence with a provisional request that the notification of the LEP amendment not take place until the DCP and Planning Agreement are also finalised.

 

43.    This recommendation was routinely made to expedite the plan-making process by allowing finalisation processes (such as legal drafting and map-making) to commence simultaneous to the finalisation of the DCP and Planning Agreement.

 

44.    However, DPIE has recently “returned” some Planning Proposals to Council that Council had forwarded for finalisation with this sort of provisional request. DPIE has advised that they can no longer formally accept Planning Proposals for finalisation unless Council considers that they are ready to be finalised (i.e. the relevant Planning Agreements and DCPs must be resolved). Therefore, Council officers are recommending that the 12 Hassall St Planning Proposal not be formally submitted to DPIE for finalisation until the DCP has been endorsed and the VPA has been executed by Council. It is noted that the recommendation of this report supports both of these actions.

 

45.    In the interest of continuing to progress the finalisation of amendments as efficiently as possible, Council officers support commencing preliminary plan-making processes with DPIE while the DCP and Planning Agreement are also being finalised. Therefore, the recommendation of this report includes that DPIE be advised of Council’s decision on the Planning Proposal prior to submitting the Planning Proposal formally, with a request that DPIE officers consider commencing finalisation processes (such as legal drafting and map-making) at the same time as Council is finalising the DCP and Planning Agreement arrangements.

 

46.    If Council approves the DCP, a notice will be published on Council’s website within 28 days of its decision. Furthermore, the DCP will come into effect when the LEP amendment comes into effect.

Sarah Baker

A/Team Leader Land Use Planning

 

Bianca Lewis

A/Team Leader Land Use Planning

 

Robert Cologna

Land Use Planning Manager

 

David Birds

Group Manager, City Planning

 

Jennifer Concato

Executive Director City Planning and Design

 

 

 

Attachments:

1

Response to Submissions Table

7 Pages

 

2

Planning Proposal 12 Hassall Street Parramatta

214 Pages

 

3

Draft Development Control Plan 12 Hassall St

7 Pages

 

4

Draft Planning Agreement 12 Hassall Street

27 Pages

 

 

 

REFERENCE MATERIAL

The Council report referred to in Table 1 of this report can be viewed at the following link (commencing page 45, refer particularly paragraphs 5-13):

https://businesspapers.parracity.nsw.gov.au/Open/2018/OC_26022018_AGN_444_AT.PDF

 


Item 6.1 - Attachment 1

Response to Submissions Table

 

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Item 6.1 - Attachment 2

Planning Proposal 12 Hassall Street Parramatta

 

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Item 6.1 - Attachment 3

Draft Development Control Plan 12 Hassall St

 

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Item 6.1 - Attachment 4

Draft Planning Agreement 12 Hassall Street

 

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