NOTICE OF Local Planning Panel MEETING

PUBLIC AGENDA

 

A Local Planning Panel Meeting will be held via audio-visual means on Tuesday, 19 October 2021 at 3:30PM.

 

 

 

 

Brett Newman

CHIEF EXECUTIVE OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Local Planning Panel                                                                               19 October 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 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             PUBLIC MEETING: 311 Kissing Point Road, DUNDAS  NSW  2117 (Lot B DP 364011)................................................................................................ 6

5.2             PUBLIC MEETING: 74 Oxford Street, EPPING (Lot 12 Sec 7 DP 758390)                                                                                                                    81

5.3             PUBLIC MEETING: 45 Mobbs Lane, CARLINGFORD (Lot 14 in DP 30791)                                                                                                                  276

5.4             OUTSIDE PUBLIC MEETING: 1 Holmes Avenue, OATLANDS  NSW  2117 (Lot 272 DP 1224590)......................................................................... 370

5.5             OUTSIDE PUBLIC MEETING: 1 Woodville Road, GRANVILLE (Lot 8 DP 876255).................................................................................................. 447

5.6             OUTSIDE PUBLIC MEETING: 3-3A Elonera Street and 17 Burbang Crescent, RYDALMERE NSW 2116 (Lots 21-23 in DP 31350)... 603      

6       Innovative

Nil


 

Development Applications

 

19 October 2021

 

5.1              PUBLIC MEETING: 311 Kissing Point Road, DUNDAS  NSW  2117 (Lot B DP 364011)................................................................................................................ 6

 

5.2              PUBLIC MEETING: 74 Oxford Street, EPPING (Lot 12 Sec 7 DP 758390)  81

 

5.3              PUBLIC MEETING: 45 Mobbs Lane, CARLINGFORD (Lot 14 in DP 30791)         276

 

5.4              OUTSIDE PUBLIC MEETING: 1 Holmes Avenue, OATLANDS  NSW  2117 (Lot 272 DP 1224590)........................................................................................... 370

 

5.5              OUTSIDE PUBLIC MEETING: 1 Woodville Road, GRANVILLE (Lot 8 DP 876255).......................................................................................................................... 447

 

5.6              OUTSIDE PUBLIC MEETING: 3-3A Elonera Street and 17 Burbang Crescent, RYDALMERE NSW 2116 (Lots 21-23 in DP 31350)............................... 603


Local Planning Panel  19 October 2021                                                                               Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER         5.1

SUBJECT                  PUBLIC MEETING: 311 Kissing Point Road, DUNDAS  NSW  2117 (Lot B DP 364011)

DESCRIPTION          Demolition, tree removal and Torrens title subdivision of the land to create 2 lots. The works on proposed Lot 1 include the retention of the heritage item with alterations and additions and conversion to a boarding house with 7 rooms. The works on proposed Lot 2 include the construction of a 1 storey attached dual occupancy with Torrens title subdivison

REFERENCE            DA/563/2020 - D08226517

APPLICANT/S           PMK Properties P/L

OWNERS                    PMK Properties P/L

REPORT OF              Group Manager Development and Traffic Services         

RECOMMENDED     Approval

 

DATE OF REPORT 14 september 2021

 

REASON FOR REFERRAL TO LPP

 

The application is referred to the Paramatta Local Planning Panel the application received more than 10 individual submissions during the notification period.

 

EXECUTIVE SUMMARY

 

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

 

The Site

 

The subject site is known as 311 Kissing Point Road, Dundas. The subject site has a site area of 1557m2. The site is zoned R2 Low Density Residential and generally surrounded by sites which are also zoned R2 Low Density Residential, with nearby properties zoned SP2 Public Administration Building and R2 Low Density Residential.

 

The site is located within an established residential area characterised by single and double storey residential dwellings. Adjoining development comprises a two storey residential flat building to the north and a single storey dwelling house to the east. Macarthur Girls High School, a heritage listed item, is located opposite the site.

 

The Proposal

 

The Development Application seeks development consent for:

·    Demolition of an existing garage and shed

·    Battle-axe subdivision into 2 lots resulting in Lot 1 – 748m2 and Lot 2 – 809m2

·    Retention of heritage listed single storey dwelling

·    Conversion of heritage listed dwelling into a 7 room boarding house with 5 on-site parking spaces. The conversion includes alterations and additions to the rear.

·    The Boarding House proposes a maximum capacity of 11 persons.

·    Construction of a single storey attached dual occupancy development on the battle axe allotment with Torrens title subdivision.

 

It is noted that the applicant has opted not to apply for the boarding house under the Affordable Rental Housing SEPP.

 

The application was referred to Council’s Landscape Officer, Development Engineer, Heritage Adviser, Waste and Health Officer, Accessibility Officer and Traffic Engineer who supports the proposal.

 

The application was notified in accordance with Council’s notification procedures contained within Appendix 1 of Council’s Community Engagement Strategy. In response 16 submissions (including 2 petitions and 1 submission of support). The issues raised within those submissions heritage, overcrowding, acoustic, traffic and parking, social issues, suitability, engineering, tree removal, privacy and property values. The issues have been addressed within the assessment report (Attachment 1).

 

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 development is generally consistent with the aims, objectives and controls of the Parramatta Local Environmental Plan 2011 (LEP) and Parramatta Development Control Plan 2011.

 

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

 

RECOMMENDATION

 

(a)     That pursuant to Section 4.17 of the Environmental Planning and Assessment Act, 1979, that the Parramatta Local Planning Panel, exercising the functions of Council grant deferred commencement development consent to DA/563/2020 subject to conditions of consent.

 

It has been recommended for approval for the following reasons:

1.      The development is permissible in the R2 zone pursuant to Parramatta Local Environmental Plan 2011 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, in that the proposal has a similar bulk and scale and building materials to adjoining development.

3.      The development enables the provision of residential development to suit the wider population within a low density setting with access to public transport and services.

4. The development allows for the conservation and use of the heritage item that is compatible with heritage values of the item.

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

 

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

 

 

Denise Fernandez

Senior Development Assessment Officer

 

Sarah Irani

Development Support Officer Personal Assistant

 

 

 

 

Attachments:

1

Assessment Report and Conditions

57 Pages

 

2

Locality Map

1 Page

 

3

Plans used during Assesment

3 Pages

 

4

Internal Plans used during Assessment (confidential)

3 Pages

 

5

Statement of Environmental Effects

11 Pages

 

 

 

 

 


Item 5.1 - Attachment 1

Assessment Report and Conditions

 

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Item 5.1 - Attachment 2

Locality Map

 

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Item 5.1 - Attachment 3

Plans used during Assesment

 




Item 5.1 - Attachment 5

Statement of Environmental Effects

 

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Local Planning Panel  19 October 2021                                                                               Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER         5.2

SUBJECT                  PUBLIC MEETING: 74 Oxford Street, EPPING (Lot 12 Sec 7 DP 758390)

DESCRIPTION          Stage 1: Demolition, tree removal and Torrens Title subdivision into 2 lots.
Stage 2: Construction of a 2 storey dwelling house and front fence on each lot.

REFERENCE            DA/449/2021 - D08233897

APPLICANT/S           Minto Planning

OWNERS                    Mr J Ju and Mrs J Ju

REPORT OF              Group Manager Development and Traffic Services         

RECOMMENDED     Refusal

 

DATE OF REPORT  20 September 2021

 

REASON FOR REFERRAL TO LPP

 

This application is referred to the Parramatta Local Planning Panel as the proposal requests a variation to Clause 4.1 – minimum subdivided lot size of 12.3% and more than 10 submissions have been received in relation to this application (11 unique submissions).

 

EXECUTIVE SUMMARY

 

Site details

 

The site is known as 74 Oxford Street, Epping. The site and surrounding properties are zoned R2 Low Density Residential under the Hornsby LEP 2013. The subject site is located within an established residential area. The subject site is located within East Epping heritage conservation area and in vicinity of a number of local heritage items.

 

Development Proposal

 

The proposed development includes the following component:

Stage 1:

·    Demolition of existing structures;

·    Tree removal;

·    Torrens title subdivision of the land having a total site area of 979.5m2, resulting in the following lots:  

o Lot A –541m2

o Lot B – 438.5m2

 

Stage 2:

·    Construction of a two (2) storey detached dwelling house on each lot;  and

·    Associated earthworks including excavation, stormwater drainage works, landscaping, etc.

 

 

The application has been assessed against the relevant environmental planning instruments, regulations and Hornsby Development Control Plan (DCP) 2013 and the proposal is non-compliant with a number of key statutory controls. 

 

The proposal includes a significant variation to the minimum land size and heritage conservation under the Hornsby Local Environmental Plan (LEP) 2013. The application included a clause 4.6 – exceptions to development standards for the variation to the minimum land size. Council is not satisfied with the clause 4.6 request for the minimum lot size request.   

 

The application was referred to Council’s Landscape Officer and Traffic Engineer who supports the proposal. The application has not been supported by Council’s Heritage advisor in relation to impacts on the heritage significance of the neighbourhood. Council’s Development Engineer is not supportive over non-compliance with the stormwater drainage policies.

 

The application was notified in accordance with the requirements within DCP 2013. In response eleven (11) unique submission were received. The raised within those submissions impact on the heritage significance, overdevelopment, parking, streetscape and vegetation. The issues have been addressed within the assessment report (Attachment 1).

 

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. With respect to the issues and matters addressed in detail within Attachment 1, the application is recommended for refusal as there is no planning justification for noncompliance with the relevant development standards.

 

RECOMMENDATION

 

(a)     That the Parramatta Local Planning Panel, exercising the functions of Council, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, refuse development for DA/449/2021 for demolition, Torrens title subdivision into two lots and construction of a two storey residential dwelling on each lot at 74 Oxford Street, Epping, subject to the following reasons for refusal as outlined within this report.

 

          Hornsby Local Environmental Plan 2013

 

1.      In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the application fails to achieve the aims 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 application fails to achieve the relevant objective of the R2 Low Density Residential zone of the Hornsby Local Environmental Plan 2013;

 

3.      In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the application fails to satisfy requirements of clause 4.1 Minimum Subdivision Lot Size of the Hornsby Local Environmental Plan 2013;

 

4.      In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the application fails to satisfy requirements of clause 5.10 Heritage Conservation of the Hornsby Local Environmental Plan 2013;

 

Hornsby Development Control Plan 2013

 

5.      In accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the application fails to comply with the Hornsby Development Control Plan 2013 with respect to, stormwater management, scale, front and rear setbacks, sunlight access, design details, lot size, streetscape character, garages and carport, subdivision and heritage conservation areas;

 

Environmental Planning and Assessment Act

 

6.      In accordance with Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the site is not suitable for the proposed development;

 

7.      In accordance with Section 1.3(c) of the Environmental Planning and Assessment Act 1979, the proposed development fails to promote the orderly and economic use of the subject site;

 

8.      In accordance with Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposal fails to satisfy the relevant considerations in that the adverse impacts of the development due to non-compliances with the applicable planning controls are not beneficial for the local community and as such, is not in public interest;

 

Draft Parramatta Local Environmental Plan 2020

 

9.      In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the application fails to satisfy requirements of clause 4.1 Minimum Subdivision Lot Size of the Draft Parramatta Local Environmental Plan 2020; and

 

10.    In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the application fails to satisfy requirements of clause 5.10 Heritage Conservation of the Draft Parramatta Local Environmental Plan 2020.

 

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

 

Sumitava Basu

Development Assessment Officer

 

Sarah Irani

Development Support Officer Personal Assistant

 

 

 

 

Attachments:

1

Assessment Report

26 Pages

 

2

Locality Map

1 Page

 

3

Plans used during Assessment

35 Pages

 

4

Internal Plans used during Assessment (confidential)

15 Pages

 

5

Documents used during Assessment

129 Pages

 

 

 

 

 


Item 5.2 - Attachment 1

Assessment Report

 

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Item 5.2 - Attachment 2

Locality Map

 

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Item 5.2 - Attachment 3

Plans used during Assessment

 




































Item 5.2 - Attachment 5

Documents used during Assessment

 

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Local Planning Panel  19 October 2021                                                                               Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER         5.3

SUBJECT                  PUBLIC MEETING: 45 Mobbs Lane, CARLINGFORD (Lot 14 in DP 30791)

DESCRIPTION          Demolition of existing structures, earthworks, removal of seven (7) trees and construction of a child care facility for 58 children (17 x 0-2 year olds, 15 x 2-3 year olds) & 26 x 3-6 year olds) with basement level car parking level for fifteen (15) vehicles and associated landscape works.

REFERENCE            DA/725/2020 - D08235736

APPLICANT/S           Designcorp Architects

OWNERS                    Child Care Property Holdings Pty Ltd

REPORT OF              Group Manager Development and Traffic Services         

RECOMMENDED     Refusal

 

DATE OF REPORT  55 September 2021

 

REASON FOR REFERRAL TO LPP

 

This item is being referred to the Parramatta Local Planning Panel (PLPP) as more than ten (10) submissions were received during the formal notification period. The proposal has received thirty-three (33) unique submissions.

 

EXECUTIVE SUMMARY

 

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

 

Approval is sought for the demolition of existing structures, earthworks, removal of seven (7) trees and construction of a child care facility for 58 children (17 x 0-2 year olds, 15 x 2-3 year olds & 26 x 3-6 year olds) with basement level car parking level for fifteen (15) vehicles and associated landscape works.

 

The proposal is permissible in the R2 Low Density Residential Zone under the Parramatta Local Environmental Plan 2011 (PLEP 2011).

 

The proposal is unsatisfactory regarding the design quality principles and the Child Care Planning Guideline August 2017 with respect to site selection and location, local character, streetscape and the public domain, building orientation, envelope and design, landscaping, administrative space and premises designed to facilitate supervision.

 

The application received thirty-three (33) submissions during the extended holiday notification period between 15 December 2020 and 11 January 2021. Issues raised within the submissions have been discussed in the Section 4.15 Assessment Report.

 

The proposal is not considered to result in a development, which is suitable in the context of the emerging character within the locality. Non-compliances are acknowledged within the current proposal and these have been discussed within the assessment report. A merit assessment of the application has determined that the proposal will not be satisfactory and results in unreasonable impacts to adjoining and surrounding properties. The proposal is not suitable for the site and is not in the public interest.

 

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 development consent to DA/725/2020 for the demolition of existing structures, earthworks, removal of seven (7) trees and construction of a child care facility for 58 children (17 x 0-2 year olds, 15 x 2-3 year olds & 26 x 3-6 year olds) with basement level car parking level for fifteen (15) vehicles and associated landscape works on land at Lot 14 in DP 30791, 45 Mobbs Lane, Carlingford  NSW  2118 for the following reasons:

 

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2007 / Child Care Planning Guideline August 2017

 

1.      Pursuant to Sections 4.15(1)(a)(i) and (b) of the Environmental Planning and Assessment Act 1979, the proposal is unsatisfactory regarding the design quality principles and the Child Care Planning Guideline August 2017 with respect to site selection and location, local character, streetscape and the public domain, building orientation, envelope and design.

 

Inconsistency with the Aims of Parramatta Local Environmental Plan 2011

 

2.      Pursuant to Sections 4.15(1)(a)(i) and (b) of the Environmental Planning and Assessment Act 1979, the proposal is inconsistent with Clause 1.2(2)(h) ‘Aims of Plan’ of the Parramatta Local Environmental Plan 2011 as it fails to enhance the amenity and characteristics of the established residential area and in terms of the site selection, design and location.

 

Inconsistency with the R2 Zone objectives of Parramatta Local Environmental Plan 2011

 

3.      Pursuant to Sections 4.15(1)(a)(i) and (b) of the Environmental Planning and Assessment Act 1979 and Clause 2.3 ‘Zone Objectives and Land’ of Parramatta Local Environmental Plan 2011, the proposal is inconsistent with the stated objective (dot point 3) of the R2 Zone of PLEP 2011. The inadequate response to the topographical constraints creates an undesirable built form and amenity. The proposal results in unreasonable visual impacts to adjoining properties. The proposal is of a bulk and scale that adversely impacts on the streetscape and adjoining properties and does not achieve satisfactory urban design outcomes. This is at odds with the aim and objectives (dot point 3) of the R2 Low Density Residential zone within the PLEP 2011, both concerned with minimising such impacts.

 

Unacceptable streetscape

 

4.      Pursuant to Section 4.15(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979 and Part 3.2.5 ‘Streetscape’ and Part 2.12.6 ‘Development on Sloping Land’ of Parramatta Development Control Plan 2011, the Child Care Planning Guideline gives considerable attention to the existing character of the streetscape and the proposed street presentation to Mobbs Lane is a negative aspect of the proposal. The proposed building is not in character with the established residential setting.

 

Unacceptable bulk and scale

 

5.      Pursuant to Section 4.15(1)(a)(i) and (iii) of the Environmental Planning and Assessment Act 1979, the Child Care Planning Guideline and Part 3.1.3 ‘Preliminary Envelopes’, Part 3.2.1 ‘Building Form and Massing’ and Part 3.2.2 ‘Building Façade and Articulation’ of the Parramatta Development Control Plan 2011, the built form is considerably out of scale with its established residential setting.

 

6.      The design of the basement and ground floor is not considered to respond sensitively to the natural topography of the site in which results in the finished floor level of the ground floor to be approximately raised 1m from the natural ground level and that a portion of the basement car parking area protruding from natural ground.

 

7.      The proposed protrusion of the basement above ground results in a development that is excessive in bulk and scale when viewed from the street and adjoining properties.

 

Insufficient information

 

8.      All levels of the development (basement, ground and first floor) are not designed to achieve adequate passive surveillance to the street frontage due to the recessed administrative and play spaces. The first floor administration/staff areas do not have direct sightlines to the vehicle and pedestrian entrance from Mobbs Lane.

 

9.      The development is considered to adversely impact on the built environment (Section 4.15(1)(b) Environmental Planning and Assessment Act 1979).

 

10.    The proposal fails to satisfy the relevant considerations under Section 4.15(1)(c) Environmental Planning and Assessment Act 1979 as the site constraints together with the design issues renders the site unsuitable for the development. 

 

11.    The proposal fails to satisfy the relevant considerations under Section 4.15(1)(e) Environmental Planning and Assessment Act 1979 in that the adverse impacts generated by the development due to non-compliance with the applicable planning controls is not beneficial within the development site or to the established residential community and as such, it is not considered to be in the wider public interest.

 

(b)     That the objectors be advised of the PLPP’s decision.

 

 

Shaylin Moodliar

Senior Development Assessment Officer

 

 

 

 

 

Attachments:

1

Section 4.15 Report (separately enclosed)

28 Pages

 

2

Locality Map

1 Page

 

3

Plans used during assessment

34 Pages

 

4

Statement of Environmental Effects

55 Pages

 

 

 

 

 


Item 5.3 - Attachment 2

Locality Map

 

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Item 5.3 - Attachment 3

Plans used during assessment

 



































Item 5.3 - Attachment 4

Statement of Environmental Effects

 

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Local Planning Panel  19 October 2021                                                                               Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER         5.4

SUBJECT                  OUTSIDE PUBLIC MEETING: 1 Holmes Avenue, OATLANDS  NSW  2117 (Lot 272 DP 1224590)

DESCRIPTION          Section 8.3 review of DA/38/2020 for demolition of the existing dwelling, tree removal and construction of a two storey detached dual occupancy with basement parking, front fence and associated Torrens title subdivision.

REFERENCE            DA/38/2020 - D08232938

APPLICANT/S           CK Design Pty Ltd

OWNERS                    K Y Sassine and Y M Sassine

REPORT OF              Group Manager Development and Traffic Services         

RECOMMENDED     Approval

 

DATE OF REPORT 20 September 2021

 

REASON FOR REFERRAL TO LPP

 

The application involves a Review of Determination of DA/364/2020 pursuant to Section 8.3 of the Environmental Planning and Assessment Act 1979.

 

EXECUTIVE SUMMARY

 

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

 

The Site

 

The subject site is known as 1 Holmes Avenue, Oatlands. The site is zoned R2 Low Density Residential and is located within an established residential area characterised by single and double storey residential dwellings as well as dual occupancies.

 

Background

 

Development application DA/38/2020 was lodged with City of Parramatta, for the demolition of the existing dwelling, tree removal and construction of a two storey detached dual occupancy with basement parking, front fence and associated Torrens title subdivision. The application was refused under delegation on 19 February 2021 for the following reasons:

 

1.       The proposed development is inconsistent with the aims and objectives of the R2 Low Density Residential zoning applying to the land as the proposed works are not located in a context and setting that minimises impacts on the amenity of the residential environment.

 

2.       The proposal fails to meet the objectives of Clause 6.2 Earthworks of Parramatta Local Environmental Plan 2011, as the proposed earthworks will have a detrimental effect on the existing drainage patterns in the locality and on the existing and likely amenity of adjoining properties.

 

Parramatta Development Control Plan 2011

 

3.       The proposed development does not meet the objectives of:

 

 

Earthworks

 

a)      Section 2.4.6 Development on Sloping Land, as the Finished Floor Levels of the ground floor of the development exceeds 500mm above Natural Ground Level and the basement protrudes more than 1m above Natural Ground Level.

b)      Section 3.6.2 Parking and Vehicular Access, as insufficient information has been submitted with the application to ensure the location and design of the driveway and basement is efficient, safe and convenient.

 

Tree Removal

 

c)      Section 3.3 Landscaping, as insufficient information has been submitted with the application to ensure the retention of the Blackbutt Gum tree.

 

Bulk and scale

 

d)      Section 3.3.5 Solar Access and Cross Ventilation, as the development proposes floor to ceiling heights in excess of 3m.

 

Insufficient Information

 

4.       The development is unsatisfactory because insufficient information has been submitted in regards to:

a)      the proposed earthworks within the nature strip and property boundary;

b)      the location of the service utilities within the footpath reserve within the property frontage and that of the neighbouring properties; and

c)      written approval from the utility/asset owners regarding the works.

 

Storm water 

 

5.       The proposal fails comply with Council’s Stormwater Disposal Policy.  

 

Applicant Response to Refusal Reasons

 

A subsequent 8.3 review was lodged with Council on 7 May 2021. The reasons for refusal are addressed as follows:

 

-      Submission of Section plans indicating transition to existing NGLs within the footpath reserve of adjoining properties

-      Submission of Service utilities within the footpath reserve within the property frontage and the neighbouring property has been identified

-      Submission of Addendum to the Arborist Report with recommendations on how the Blackbutt Gum Tree located to the rear of the site can be safely retained.

 

In accordance with the requirements contained within Appendix 1 of Council’s Community Engagement Strategy, objectors to the original development application, owners and occupiers of adjoining and surrounding properties were given notice of the application between 19 May 2021 and 2 June 2021. In response, 5 submissions were received. The issues raised within these submissions has been addressed within the Section 4.15 Assessment Report.

 

Council’s Landscape and Tree Management Officer, Development Engineer and Waste Officer support the amended plans submitted with the Section 8.3 Review, subject to appropriate conditions.

 

The proposed development is generally consistent with the requirements of both Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011.

 

After consideration of the development against Section 8.2 of the Environmental Planning and Assessment Act 1979, and the relevant statutory and policy provisions, the proposal is suitable for the site and is in the public interest.

 

RECOMMENDATION

 

(a)     That the Parramatta Local Planning Panel, exercising the functions of Council, pursuant to Section 8.3 of the Environmental Planning and Assessment Act 1979 grant consent to DA/38/2020 for at 1 Holmes Avenue, Oatlands 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 proposal is recommended for approval subject to conditions for the following reasons:

 

1.      The development is permissible in the R2 zone pursuant to Parramatta Local Environmental Plan 2011 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, in that the proposal has a similar bulk and scale and building materials to adjoining development.

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

 

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

 

 

Denise Fernandez

Senior Development Assessment Officer

 

Sarah Irani

Development Support Officer Personal Assistant

 

 

 

 

Attachments:

1

Assessment Report and Conditions

45 Pages

 

2

Locality Map

1 Page

 

3

Plans used during Assessment

26 Pages

 

4

Internal Plans used during assessment (confidential)

7 Pages

 

5

Section 8.3 Letter

2 Pages

 

 

 

 

 


Item 5.4 - Attachment 1

Assessment Report and Conditions

 

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Item 5.4 - Attachment 2

Locality Map

 

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Item 5.4 - Attachment 3

Plans used during Assessment

 



























Item 5.4 - Attachment 5

Section 8.3 Letter

 

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Local Planning Panel  19 October 2021                                                                               Item 5.5

DEVELOPMENT APPLICATION

ITEM NUMBER         5.5

SUBJECT                  OUTSIDE PUBLIC MEETING: 1 Woodville Road, GRANVILLE (Lot 8 DP 876255)

DESCRIPTION          Demolition of existing structures, tree removal, and staged construction of a self-storage facility comprising two buildings (one 2-storey and one 4-storey) and 36 at-grade parking spaces.

REFERENCE            DA/120/2021 - D08234568

APPLICANT/S           Abacus Storage Funds Management Limited

OWNERS                    Perpetual Trustee Company Limited

REPORT OF              Group Manager Development and Traffic Services         

RECOMMENDED     Approval

 

DATE OF REPORT  19 October 2021

 

REASON FOR REFERRAL TO LPP

 

This application is referred to the Parramatta Local Planning Panel as the proposal exceeds the maximum floor space ratio development standard by more than 10%.

 

EXECUTIVE SUMMARY

 

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

 

The Site

 

The subject site is known as 1 Woodville Road, Granville (Lot 8 DP 876255).  The site comprises a single irregular shaped allotment adjoins Woodville Road to the west and a rail corridor to the south and east. Access to the site is off Woodville Road.

 

The site has an area of 8,788m2 and a site frontage of approximately 100m to Woodville Road. The site is generally flat. The site is zoned B5 Business Development.

 

The subject site currently accommodates a warehouse and distribution centre consisting of two buildings, concrete hardstand and at-grade parking. There is also a temporary granny flat showroom located on the hardstand area. The site contains three trees.

 

Surrounding development includes industrial uses and the Cumberland Rail Line to the east, the Cumberland Rail Line to the south, the former Westrac Plant and equipment sale/hire premises to the west, and the Vauxhall Inn and industrial uses to the north.

 

The Proposal

 

The proposed development includes the following components:

·        Demolition of existing structures;

·        Tree removal;

·        Staged construction of a self-storage facility comprising two buildings (one 2-storey and one 4-storey) and 36 at-grade parking spaces;

·        Installation of business identification signage comprising five wall signs and one pylon sign.

 

The proposed hours of operation are 7am to 6pm, 7 days a week.

 

The application seeks to vary the maximum floor space ratio development standard by 16.2%. Compliance with the development standard is unreasonable in the circumstances of the case for the following reasons:

 

·        The non-compliance does not impact the overall building envelope of the development as the additional floor area is a result of the reduced floor to ceiling heights acceptable for a facility of this nature.

 

·        A compliant floor space ratio would have no discernible reduction in scale as viewed from the streetscape as the floor area is contained within the four-storey building envelope.

 

·        The proposed development does not result in an adverse overshadowing impact or adverse amenity impacts to adjoining properties.

 

·        The proposed bulk and scale is compatible with the existing and desired future character of the locality.

 

·        The proposed building is sufficiently separated from adjoining Heritage Items and therefore does not detract from the heritage characteristics of these items or impact upon heritage views.

 

The application was advertised from 1 March until 22 March 2021 in accordance with Council’s consolidated notification procedures. No submissions were received during the notification period.

 

The proposal has been assessed in accordance with the matters for consideration outlined in Section 4.15 of the Environmental Planning and Assessment Act 1979. The modified development is generally consistent with the aims, objectives controls of SEPP No. 55 – Remediation of Land; SEPP No. 64 – Advertising and Signage; SEPP (Infrastructure) 2007; SEPP (Vegetation in Non-Rural Areas) 2017; Holroyd Local Environmental Plan 2013 and Holroyd Development Control Plan 2013.

 

RECOMMENDATION

 

(a)     That the Parramatta Local Planning Panel grant deferred commencement development consent to DA/120/2021 for demolition of existing structures, tree removal, and staged construction of a self-storage facility comprising two buildings (one 2-storey and one 4-storey) and 36 at-grade parking spaces at 120 Woodville Road, Granville 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 for the reasons outlined in this report.

 

(b)     Further, that the Parramatta Local Planning Panel support a variation to Clause 4.4 – Floor Space Ratio of the Holroyd Local Environmental Plan 2013 for the following reasons:

1.      A written request to vary the floor space ratio has been received and is well drafted; and

2.      The applicant has provided sufficient environmental planning grounds to warrant departure of the building height control in the circumstances of this case.

 

REASONS FOR APPROVAL:

 

1.      The development is permissible in the B5 zone and satisfies the requirements of all of the applicable planning controls with one exception being non-compliance with Clause 4.4 – Floor Space Ratio of the Holroyd Local Environmental Plan 2013.

 

2.      A written request to vary the building height has been received. The variation sought is minor and will not have any significant adverse impacts. As such, compliance with the standard is unnecessary. Accordingly, there are sufficient environmental planning grounds to justify the variation and the applicant’s Clause 4.6 variation request has adequately addressed the matters required to be demonstrated in Clause 4.6(3) of Holroyd LEP 2013 and that the proposed development will be the public interest because it is consistent with the objectives of the floor space ratio control and the objectives for development within the B5 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.

 

 

Sohini Sen

Senior Development Assessment Officer

 

Sarah Irani

Development Support Officer Personal Assistant

 

 

 

 

Attachments:

1

Assessment Report & Conditions

88 Pages

 

2

Locality Map

1 Page

 

3

Plans used during assessment

24 Pages

 

4

Statement of Environmental Effects

33 Pages

 

5

Clause 4.6 Statement

7 Pages

 

 

 

 

 


Item 5.5 - Attachment 1

Assessment Report & Conditions

 

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Item 5.5 - Attachment 2

Locality Map

 

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Item 5.5 - Attachment 3

Plans used during assessment

 





















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Item 5.5 - Attachment 4

Statement of Environmental Effects

 

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Item 5.5 - Attachment 5

Clause 4.6 Statement

 

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Local Planning Panel  19 October 2021                                                                               Item 5.6

DEVELOPMENT APPLICATION

ITEM NUMBER         5.6

SUBJECT                  OUTSIDE PUBLIC MEETING: 3-3A Elonera Street and 17 Burbang Crescent, RYDALMERE NSW 2116 (Lots 21-23 in DP 31350)

DESCRIPTION          Demolition of existing structures, removal of seven (7) trees and construction of a 3 storey residential flat building comprising of thirty (30) units including sixteen (16) affordable rental housing units puruant to State Environmental Planning Policy (Affordable Rental Housing) 2009 with rooftop terrace, basement level parking for thirty-nine (39) vehicles with access from Burbang Crescent

REFERENCE            DA/789/2020 - D08235913

APPLICANT/S           Mackenzie Architects International

OWNERS                    Mrs S Ghosn, Mr T Younis, Mrs M Younis, Mr DS Khaicy & Mrs C Younis

REPORT OF              Group Manager Development and Traffic Services         

RECOMMENDED     Deferred Commencement Approval

 

DATE OF REPORT  22 September 2021

 

REASON FOR REFERRAL TO LPP

 

This application is referred to the Parramatta Local Planning Panel (PLPP) as the proposed 3 storey residential flat building contravenes the maximum height of building development standard by more than 10% (Clause 4.3 Height of Building) development standard of the Parramatta Local Environmental Plan 2011.

 

EXECUTIVE SUMMARY

 

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

 

Approval is sought for the demolition of existing structures, removal of seven (7) trees and construction of a three (3) storey residential flat building comprising of thirty (30) units including sixteen (16) affordable housing units pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 with rooftop terrace, basement car parking level for thirty-nine (39) vehicles and associated landscaping works.

 

Clause 4.3 of the Parramatta LEP 2011 provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map.  The maximum permissible height for the subject site is 11m. The proposed building height is 13.1m (to the top of the lift core) and includes pergola structures, which does not comply with Clause 4.3 of PLEP 2011. The proposal seeks a variation of 2.1m or 19%.

 

The application was accompanied by a Clause 4.6 Statement, which is considered well founded. The Parramatta Design Excellence Advisory Panel have considered this matter and noted their support of the building height. 

 

The proposal is generally in accordance with the relevant statutory and policy provisions. An assessment of the proposal against the relevant provisions of the Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011.

 

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

 

The application received two (2) submissions during the formal notification periods. Issues raised within the submissions have been discussed in the Section 4.15 Assessment Report.

 

After consideration of the development against Section 4.15 of the Environmental Planning and Assessment Act 1979, and the relevant statutory and policy provisions, the proposal is suitable for the site and is in the public interest. The proposal is recommended for approval subject to conditions for the following reasons:

1.      The development is permissible in the R4 zone and satisfies the requirements of all of the applicable planning controls with one exception being Clause 4.3 Height of Building under Parramatta LEP 2011.

2.      A written request to vary the height of building has been received. Accordingly, Council believes that there are sufficient environmental planning grounds to justify the variation and finds that the application is satisfactory. Council is therefore satisfied that the Applicant’s Clause 4.6 variation request has adequately addressed the matters required to be demonstrated in Clause 4.6(3) of Parramatta LEP 2011 and that the proposed development will be the public interest because it is consistent with the objectives of the height of building control and the objectives for development within the R4 zone in which the development is proposed to be carried out.

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

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

 

RECOMMENDATION

 

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

 

(b)     That the Parramatta Local Planning Panel (PLPP), exercising the functions of Council, pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, grant deferred commencement consent to DA/789/2020 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.

 

REASONS FOR APPROVAL

 

1.      The development is permissible in the R4 zone and satisfies the requirements of all of the applicable planning controls with one exception being Clause 4.3 Height of Building under Parramatta LEP 2011.

 

2.      A written request to vary the height of building has been received. Accordingly, Council believes that there are sufficient environmental planning grounds to justify the variation and finds that the application is satisfactory. Council is therefore satisfied that the Applicant’s Clause 4.6 variation request has adequately addressed the matters required to be demonstrated in Clause 4.6(3) of Parramatta LEP 2011 and that the proposed development will be the public interest because it is consistent with the objectives of the height of building control and the objectives for development within the R4 zone in which the development is proposed to be carried out.

 

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

 

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

 

(c)     Further, that the objectors be advised of PLPP.

 

 

Shaylin Moodliar

Senior Development Assessment Officer

 

 

 

 

Attachments:

1

Section 4.15 Assessment Report

40 Pages

 

2

Locality Map for PLPP - 3-3A Elonera Street & 17 Burbang Crescent, Rydalmere

1 Page

 

3

Internal Plans used during assessment for PLPP - DA/789/2020 - 3-3A Elonera Crescent & 17 Burbang Crescent, Rydalmere (confidential)

22 Pages

 

4

Architectural Plans used during assessment for PLPP - DA/789/2020 - 3-3A Elonera Crescent & 17 Burbang Crescent, Rydalmere

22 Pages

 

5

Clause 4.6 Variation request considered during assessment for PLPP - 3-3A Elonera Street & 17 Burbang Crescent, Rydalmere - DA/789/2020

10 Pages

 

6

Draft Conditions

46 Pages

 

 

 

 

 


Item 5.6 - Attachment 1

Section 4.15 Assessment Report

 

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Item 5.6 - Attachment 2

Locality Map for PLPP - 3-3A Elonera Street & 17 Burbang Crescent, Rydalmere

 


Item 5.6 - Attachment 4

Architectural Plans used during assessment for PLPP - DA/789/2020 - 3-3A Elonera Crescent & 17 Burbang Crescent, Rydalmere

 























Item 5.6 - Attachment 5

Clause 4.6 Variation request considered during assessment for PLPP - 3-3A Elonera Street & 17 Burbang Crescent, Rydalmere - DA/789/2020

 

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Item 5.6 - Attachment 6

Draft Conditions

 

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