Agenda of Local Planning Panel - Tuesday, 19 January 2021

Local Planning Panel 19 January 2021

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, you should be aware that your presence may be recorded.

3 APOLOGIES

4 DECLARATIONS OF INTEREST

5 Reports - Development Applications

5.1 PUBLIC MEETING:
21 Bellevue Street, North Parramatta
Lot 16 DP 5211......................................................................................... 6

5.2 OUTSIDE OF PUBLIC MEETING:
200 Ray Road, EPPING NSW 2121
Lot 27 DP 238334................................................................................... 58

5.3 OUTSIDE OF PUBLIC MEETING:
521 Victoria Road, Ermington............................................................... 90

5.4 OUTSIDE OF PUBLIC MEETING:
1 Villiers Street, PARRAMATTA NSW 2150
Lot 4 DP 587980................................................................................... 163

6 Innovative

Nil

Local Planning Panel 19 January 2021 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT PUBLIC MEETING:
21 Bellevue Street, North Parramatta
Lot 16 DP 5211

DESCRIPTION Demolition of existing structures, tree removal and construction of a two-storey 48 place child care centre with basement parking.

REFERENCE DA/425/2020 - D07799663

APPLICANT/S Archidrome Pty Ltd

OWNERS Ms M A Patel and Mr A J Patel

REPORT OF Group Manager Development and Traffic Services

DATE OF REPORT – 14 December 2020

REASON FOR REFERRAL TO LPP

The application is referred to Parramatta Local Planning Panel due to the number of submissions (14 unique submissions and 1 petition including 40 signatures)

EXECUTIVE SUMMARY

This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 79C Assessment Report.

Site Context

The subject site is known as 21 Bellevue Street, North Parramatta. The current property description is Lot 16 DP 5211. The site is a rectangular mid-block allotment and has a slope from the front to the rear of approximately 2 metres. The subject site has an area of 934.3m². The site is zoned R2 Low Density Residential. The surrounding properties are also zoned R2 Low Density Residential. The subject site currently accommodates a single storey residential dwelling. It is located within an established residential area characterised by single and double storey residential dwellings as well as dual occupancy developments. Adjoining the subject site to the east and west are single storey residential dwellings.

Proposed development

The proposed development includes the following components:

· Demolition of existing structures; and

· Construction of a double storey childcare centre with basement car parking for 12 vehicles including 1 accessible space.

The centre is proposed to cater for a maximum of 48 children and 11 staff. The proposed hours of operation are 7:00am until 7:00pm, Monday to Friday.

The proposal was referred to Council’s Development Engineer, Traffic Engineer, Landscape and Tree Officer, Social Outcomes Officer and Environmental Health Officer for review.

The application was notified and advertised to the adjoining and nearby properties from 4 August to 25 August 2020 in accordance with Council’s notification procedures contained within DCP 2011. A total of nineteen (14) unique submissions from individual properties and 1 petition including a total of 40 signatures were received in response. Issues raised in the submission relate to increased traffic congestion and safety of pedestrians and motorists, noise pollution, decrease in value of homes, other child care centres nearby, out of character with the streetscape, excessive number of children, insufficient on-site parking provision, overdevelopment of the site and inappropriate change of use from residential to commercial use

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 center is inconsistent with the aims, objectives and controls of the Child Care Guidelines 2017, Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011.

Whilst purpose built child care centers are permissible with consent within the R2 Low Density Residential zoning that applies to the site, the proposal results in a development which is unsuitable within the context of the future desired character of this locality. A comprehensive merit assessment of the proposal has been undertaken and it has been determined that the proposal is unsatisfactory and results in unreasonable impacts to adjoining properties and the locality. The proposal is unsuitable for the site and is not in the public interest.

RECOMMENDATION

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

That the Parramatta Local Planning Panel (PLPP) as the consent authority refuse development consent to DA/425/2020 for Demolition of existing structures, tree removal and construction of a two storey 48-place child care centre with basement parking at 21 Bellevue Street, Parramatta for the following reasons:

Insufficient Information

1. The proposal fails to address the additional information requested by Council’s Landscape Officer to provide an amended landscape plan due to a significant redesign of the proposal and an addendum to the Arborist Report;

2. The proposal fails to address the additional information requested by Council’s Development Engineer to provide amended stormwater plans;

3. The proposal fails to address the additional information requested by Council’s Environmental Health Officer for Contamination to provide a pre-liminary investigation of the site to determine the suitability for the proposed sensitive use;

4. The proposal fails to address the additional information requested by Council’s Traffic Engineer to submit a Traffic Report that is not in the draft format;

5. The proposal fails to provide an amended Statement of Environmental Effects and Plan of Management outlining the changes made in the amended architectural plans;

6. Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal fails to comply with Clause 23 of State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017 and the Child Care Planning Guideline 2017 as the proposal is contrary to the Part 3 considerations of the guideline with respect to:

a. Part 3.3 C17 – Accessibility;

b. Part 3.3 (C33, C36, C37, and C38) – Traffic and Safety;

c. Part 3.4 (C18) – Landscape; and

d. Part 3.2 – Local Character, streetscape and the public domain interface.

Public Interest

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

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

Apoorva Chikkerur

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	29 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during Assessment	19 Pages

REFERENCE MATERIAL

Local Planning Panel 19 January 2021 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT OUTSIDE OF PUBLIC MEETING:
200 Ray Road, EPPING NSW 2121
Lot 27 DP 238334

DESCRIPTION Section 8.3 Review of determination for DA/613/2019 for demolition of the existing structures, tree removal, construction of a new double-storey dwelling and retention of the existing swimming pool.

REFERENCE DA/613/2019 - D07793684

APPLICANT/S As Architecture Pty Ltd

OWNERS Mr J E Kofod and Ms M Li

REPORT OF Group Manager Development and Traffic Services

DATE OF REPORT – 9 DECEMBER 2020

REASON FOR REFERRAL TO LPP

The application involves a Review of Determination of DA/613/2019 pursuant to Section 8.3 of the Environmental Planning and Assessment Act 1979.

EXECUTIVE SUMMARY

Site Context

This is a summary of the full assessment of the application, the Section 4.15 Assessment Report.

The subject site is known as 200 Ray Road, Epping. The current property description is Lot 27 DP 238334. The site is a battle-axe allotment and has a downward slope from the south to the north of approximately 2.04 metres over a distance of 53 metres.

The site is zoned R2 Low Density Residential. The surrounding properties are also zoned R2 Low Density Residential. The subject site currently accommodates a single storey dwelling with a shared driveway. It is located within an established residential area characterised by single and double storey residential dwellings. The subject site adjoins multiple residential dwellings, both single storey and double storey, to the north, south and west. To the west, the subject site adjoins a double storey residential dwelling which is accessed through the shared driveway. The site is identified as flood prone, subject to 5% AEP and 1% AEP flood event.

Background

The original application was refused by Council on 29 May 2020. The reasons for refusal were as follows:

1. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979. The proposal does not satisfy Clause 6.3 Flood planning of the Hornsby Local Environmental Plan 2013.

Pursuant to Section 8.3 of the Environmental Planning and Assessment Act 1979, a Review of Determination was submitted with the original plans which did not address the above reason for refusal.

Proposed Development

· Demolition of the existing structures, tree removal, construction of a new double storey dwelling and retention of the existing swimming pool.

In accordance with the relevant notification procedures contained in Hornsby Development Control Plan 2013, owners and occupiers of adjoining and surrounding properties were given notice of the application between 16 July and 30 July 2020. In response, no submissions were received.

Council’s Landscape and Tree Management Officer raised no concern and supported the original proposal, subject to appropriate conditions. Council’s Development Engineer does not support the proposal due to the non-compliance with Clause 6.3 Flood planning of the Hornsby Local Environmental Plan 2013.

The proposed development is inconsistent with the requirements of both Hornsby Local Environmental Plan 2013 and Hornsby Development Control Plan 2013.

RECOMMENDATION

(a) Pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, that the Parramatta Local Planning Panel refuse development consent to DA/613/2019 for the following reasons:

Flooding

1. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal does not satisfy Clause 6.3 Flood planning of the Hornsby Local Environmental Plan 2013;

2. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 the proposal fails to comply with Section 1C.3.2 – Flooding under the Hornsby DCP 2013;

3. In accordance with Section 4.15(1)(a)(c) of the Environmental Planning and Assessment Act 1979 the proposal fails to comply with the City of Parramatta Local Floodplain Risk Management Policy and NSW Floodplain Development Manual.

Public interest

4. Having regard to the matters raised above the proposal is not in the public interest. The application has not suitably demonstrated that the proposed development can be appropriately drained.

Apoorva Chikkerur

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	12 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	16 Pages
4	Internal plans used during assessment (confidential)	9 Pages

REFERENCE MATERIAL

Local Planning Panel 19 January 2021 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT OUTSIDE OF PUBLIC MEETING:
521 Victoria Road, Ermington

DESCRIPTION Partial demolition and refurbishment of the existing licensed premises and alterations & additions to the existing hotel comprising construction of a four (4) storey hotel with a total of 90 rooms, car parking, signage and associated landscaping.

REFERENCE DA/754/2019 - D07810923

APPLICANT/S Traclon (no 13) Pty Ltd

OWNERS Traclon (no 13) Pty Ltd

REPORT OF Group Manager Development and Traffic Services

DATE OF REPORT – 22 December 2020

REASON FOR REFERRAL TO LPP

This application is being referred to the Parramatta Local Planning Panel for delegation as the development seeks a variation to the Building Height development standard by 29.1%.

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 subject site currently accommodates an existing 3 storey hotel development, however a site inspection indicates that the hotel use has ceased for a number of years, and the ground floor is currently only used as a bar, TAB and dry cleaner.

This proposal includes:

· Partial demolition of the existing building, retaining the TAB, dry cleaners, ‘VIP’ room, and toilets;

· Refurbishment of the existing licensed premises, and alterations and additions to the existing hotel comprising construction of a four (4) storey hotel with a total of 90 rooms, car parking, signage and associated landscaping and public domain works:

o Ground Floor: refurbished bar/lounge area, hotel lobby, reception, office, breakfast lounge, waste storage, lift, fire stairs, at-grade parking for 16 vehicles (accessed from River Road);

o Upper Ground Floor: Vacant tenancy, with access via stairs and hydraulic lift from Ground Floor, bathrooms, fire stairs;

o Level 1: 35 hotel rooms, fire stairs, lift, back of house storage, planter boxes;

o Level 2: 35 hotel rooms, fire stairs, lift, back of house storage; and

o Level 3: 20 hotel rooms, fire stairs, lift, back of house storage, services.

· 3x Signage on the Eastern Elevation comprising:

o 2x small signage at ground level next to the bar/function room entry;

o 1x signage on the first floor

The site is located within a B2 Local Centre Zone pursuant to Parramatta Local Environmental Plan 2011 under which ‘hotel or motel accommodation’ are permissible on the site and in the surrounding locality.

In addition to the above, the proposal also seeks a variation to the 12m Building Height development standard under Parramatta Local Environmental Plan 2011. In the Clause 4.6 Variation Statement provided by the applicant, the following reasons were given for the variation:

· The elements above the LEP height plane are largely related to Level 3, plant and lift overrun, which will have no significant visual impacts from the public domain. The site does not form part of a view or vista of visual quality or significance.

· The building mass has been designed to step down the slope minimising view impacts. Level 3 is reduced in size compared to other levels to minimise projection into the height plane.

· The proposed additions will generally sit below the height of the Silverwater Road overbridge for viewers travelling west along Victoria Road. It will also provide a visual screen for viewers travelling from the east.

A merit assessment was undertaken and the variation was considered to be acceptable given the following reasons:

· The proposal is consistent with the objectives of the development standard as provided in Clause 4.3 of PLEP2011.

· The natural topography of the site is considerably sloped;

· The subject site is unique in that it is quite isolated, being bound by road on the northern, eastern and southern boundaries;

· The height variation will not cause adverse impacts to the built environment given the isolated nature of the site; and

· The building height variation does not result in overshadowing or otherwise adverse impacts to surrounding neighbours or the commercial area.

The application was notified in accordance with Council’s notification procedures contained within Appendix 5 of DCP 2011. In response, no submissions were received.

The application was referred to the following Council specialists, with no objections being raised, subject to conditions of consent:

· Development Engineer;

· Landscape Officer;

· Environmental Health;

· Crime Prevention

· Property;

· Traffic Engineer; and

· Design Excellence Advisory Panel.

The application was also referred to Traffic for NSW, and NSW Police who raised no objections, subject to conditions of consent.

RECOMMENDATION

(a) That Parramatta Local Planning Panel support the variation to Clause 4.3 of Parramatta Local Environmental Plan 2011 under the provisions of Clause 4.6.

(b) Pursuant to Section 4.16 of the Environmental Planning and Assessment Act, 1979, that Parramatta Local Planning Panel grant development consent to DA/754/2019 for a period of five (5) years within which physical commencement is to occur from the date on the Notice of Determination, subject to conditions of consent. The reasons for approval are as follows:

1. The development is permissible in the B2 zone and satisfies the requirements of all of the applicable planning controls, with one exception being the building height development standard.

2. A written request to vary the building height has been received. The variation sought will not have any adverse impacts. As such, compliance with the standard is unnecessary. 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 LEP 2011 and that the proposed development will be the public interest because it is consistent with the objectives of the building height control and the objectives for development within the B2 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.

Darren Wan

Senior Development Assessment Office

Attachments:

1 ⇩	Assessment Report & Conditions	41 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	28 Pages

REFERENCE MATERIAL

Local Planning Panel 19 January 2021 Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER 5.4

SUBJECT OUTSIDE OF PUBLIC MEETING:
1 Villiers Street, PARRAMATTA NSW 2150
Lot 4 DP 587980

DESCRIPTION Section 4.55(2) Modification to DA/171/1997 for the restoration of the existing cottage and construction of a 2-storey brick building at the rear. The modification includes an increase to the floor area of the rear building and associated building identification signage.

REFERENCE DA/171/1997/A - D07796428

APPLICANT/S Baini Corp Pty Ltd

OWNERS Baini Corp Pty Ltd

REPORT OF Group Manager Development and Traffic Services

DATE OF REPORT - 19 January 2021

REASON FOR REFERRAL TO LPP

The application is referred to the Parramatta Local Planning Panel as the subject application seeks a variation in excess of 10% to Clause 4.4 Floor Space Ratio under the Parramatta Local Environmental Plan 2011.

EXECUTIVE SUMMARY

The subject site is known as 1 Villiers Street, Parramatta. The current property description is known as Lot 4 DP 587980.

The subject site contains two (2) buildings consisting of an older style cottage at the front and a three (3) storey building at the rear of the site which has been used as an office premise. It is noted that Development Consent was granted on 18 August 1997 for the use of the cottage and three storey building for the purposes of commercial premises and is subject to this modification application. Development Consent DA/582/1998 was granted on 9 March 1999 for use of the existing cottage only to operate as a dental/medical surgery premises.

The subject site is located between St Patrick’s Primary Parramatta and a corner building utilised for office use known as 19 Grose Street, Parramatta.

The proposed modification pursuant to Section 4.55(2) of the Environmental Planning and Assessment Act 1979, includes the following components:

· Increase in floor area to the existing three (3) storey building to the rear of the site with an addition to the third storey to the northern side of the rear building.

· Non-illuminated business identification signs associated with the office premise are to be located along the northern side of the proposed addition and along the front façade

· Retention of the front cottage as a dental/medical surgery (as per DA/582/1998).

It should be noted that the proposed modification seeks to maintain the use of the rear building for the purposes of an office premises as approved in the original consent.

Development for the purposes of office premises are prohibited in the R2 Low Density Residential Zone in the Parramatta Local Environmental Plan 2011. It should be noted however, office premises are permitted on the subject land by virtue of Clause 7 Use of certain land at North Parramatta in Schedule 1 Additional permitted uses in the Parramatta Local Environmental Plan 2011.

The applicable Floor Space Ratio which applies to the site is 0.5:1 pursuant to Clause 4.4 Floor Space Ratio under the Parramatta Local Environmental Plan 2011. The additions sought in the proposed modification would result in a total Floor Space Ratio of 0.76:1 or 257.274m². The departure to the allowable Floor Space Ratio would be 52.6% or 88.874m². Consideration of the departure has been made consistent to the provisions contained in Clause 4.6 of the Parramatta Local Environmental Plan 2011 and is considered that the departure is acceptable in the circumstances.

The additional three storey element is to be located to the northern side of the existing three (3) storey building and would be within the maximum 9 metre height plane which applies to the site. The proposed addition is considered to be sympathetic to the surrounding locality. Moreover, development in the surrounding area provide similar building footprints including a number of sites containing cottages and contemporary rear commercial buildings within the North Parramatta locality.

The proposed hours of operation for the use are five (5) days a week (Monday to Friday) from 8:00am to 6:00pm.

The proposal was referred to Council’s Development Engineer, Tree and Landscape Officer, Environmental Health Officer, Heritage Advisor who raised no objection, subject to recommended conditions of consent.

The application was advertised for a minimum 21 days in accordance with Council’s notification procedures, in which one (1) submission was received. The issues raised within those submissions have been addressed within the assessment report and do not warrant refusal of the application.

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 proposal is considered to be consistent with the aims, objectives and controls of the Parramatta Local Environmental Plan 2011, Parramatta Development Control Plan 2011 and the State Environmental Planning Policy – 64 Advertising and Signage.

The proposal is permissible on the site and is suitable within the context of the future desired character of this locality. A merit assessment of the proposal as a whole has concluded 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

Pursuant to Section 4.16 of the Environmental Planning and Assessment Act, 1979:

a) That Parramatta Local Planning Panel (PLPP) support the departure to the Floor Space Ratio pursuant to Clause 4.4 Floor Space Ratio under the Parramatta Local Environmental Plan 2011; and

b) That the Parramatta Local Planning Panel (PLPP), excising the functions of Council as consent authority approve development consent to DA/171/1997/A for an increase to the floor area of the rear building and building identification signage pertaining to the rear office premise.

The reasons for approval are:

1. The development is permissible in the R2 zone and satisfies the requirements of all 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 any nearby heritage items.

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:

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

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

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

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

c) That submitters are advised of the decision.

Albert Dzang

Student Project Officer

Attachments: