MINUTES OF THE Local Planning Panel HELD VIA ELECTRONIC MEANS ON Tuesday, 20 October 2020 AT 3.30pm

 

PRESENT

 

Stephen O’Connor (Chair), Robert Hussey, David Johnson and Anne Smith.

 

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

 

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

 

WEBCASTING ANNOUNCEMENT

 

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

 

APOLOGIES

 

There were no apologies made to this Local Planning Panel.

 

DECLARATIONS OF INTEREST

 

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

 

Reports - Development Applications

 

5.1

SUBJECT          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

 

 

The Panel considered the matter listed at Item 5.1, attachments to Item 5.1.

 

 

PUBLIC FORUM

 

There was no public forum for this matter.

 

2112

DETERMINATION

 

(a)     That the Parramatta Local Planning Panel (PLPP), exercising the functions of Council pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent to DA/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.

 

The Panel decision was unanimous.

 

 

REASONS FOR DECISION

 

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

 

2.        The Panel notes that this is a Crown development however it shares the concern of submitters that the Superintendents Cottage is to be demolished because it is an integral part of the history and the interpretation of how the institutions on the site operated.

 

 

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

 

 

The Panel considered the matter listed at Item 5.2, attachments to Item 5.2.

 

 

PUBLIC FORUM

 

-                 Jonathon Wood spoke on behalf of the applicant.

-                 Jenny Dong spoke against the application.

-                 Sandy Soukhavong spoke against the application.

 

2113

DETERMINATION

 

(a)     That the Parramatta Local Planning Panel (PLPP), exercising the functions of Council refuse the Development Application DA/19/2020 on the grounds that the application represents an overdevelopment of the site (ie. 50 children) to be serviced by eight (8) on site car spaces, as such it represents an unacceptable safety risk in the subject context and is therefore not in the public interest.

 

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

 

The Panel decision was

FOR: Robert Hussey, David Johnson and Anne Smith

AGAINST: Stephen O’Connor

 

 

REASONS FOR DECISION

 

1.         The proposal does not demonstrate adequate compliance with the traffic consultant recommendation that this application requires the provision of seven (7) parent car parking spaces and five (5) staff car parking spaces which can be accommodated through the following:

·                Four (4) 10 minute time restricted car parking spaces along the street frontage;

·                Three (3) parent spaces on-site;

·                Five (5) staff spaces on-site.

 

2.         The proposal therefore represents a safety risk and is not in the public interest.

 

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 amend 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

 

 

The Panel considered the matter listed at Item 5.3, attachments to Item 5.3.

 

 

PUBLIC FORUM

 

-                 Councillor Davis spoke on behalf of Councillor Prociv against the application.

-                 Victor Zhu spoke against the application.

-                 Tony Estephan spoke as the applicant of the Development Application.

-                 Schandel Fortu and George Khouri are spoke on behalf of the applicant.

 

2114

DETERMINATION

 

(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 the 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 of the report.

 

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

 

The Panel decision was unanimous.

 

 

REASONS FOR DECISION

 

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

 

2.         The Panel is not satisfied that the application is in the public interest.

 

3.         The deferral of this matter is not supported by the Panel as the applicant has had the opportunity to review similar reports previously published by Council which explained why the proposed modification was not supported.

 

 

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

 

 

The Panel considered the matter listed at Item 5.4, attachments to Item 5.4.

 

 

PUBLIC FORUM

 

-                 Andrew Liu spoke for the application.

 

2115

DETERMINATION

 

(a)      That the Parramatta Local Planning Panel (PLPP) exercising the functions of Council pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979 grant development consent to 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)      That the following conditions be inserted in the conditions of consent:

1.         All landscape works shall be maintained for a minimum period of two (2) years following notification to Council's Tree Management Section, in accordance with the approved landscape plan and conditions. Proof of this is to be submitted to Council, and signed off by an AQF Level 3 qualified Arborist  
Reason:   To ensure restoration of environmental amenity. 

2.         An arborist report is to be submitted five (5) years from the commencement of the works including an assessment and certification that all the new plantings have achieved satisfactory growth. Otherwise replacement planting shall be undertaken with advanced species.

 

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

 

The Panel decision was unanimous.

 

 

REASONS FOR DECISION

 

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

 

 

Innovative

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

 

 

The Panel considered the matter listed at Item 6.1, attachments to Item 6.1.

 

 

PUBLIC FORUM

 

Larissa Brennan is spoke on behalf of the applicant.

 

2116

DETERMINATION

 

That the Local Planning Panel recommend to Council:

 

(a)     That Council receives and notes the submissions made during the public exhibition of the Planning Proposal, draft 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 as described in the report and the inclusion within the Site Specific DCP of a note that states the following:

 

“Car sharing facilities must be provided on this site in accordance with  Parramatta DCP Controls C6 and C7 with the number of spaces to be informed by the Control C10 which requires a precinct wide traffic management study with these controls detailed Page 4.3-100 of Parramatta DCP 2011”

 

(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.

 

The Panel decision was unanimous.

 

 

REASONS FOR DECISION

 

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

 

 

The public meeting terminated at 4:32pm.

 

 

 

 

 

 

Chairperson