Agenda of Local Planning Panel - Tuesday, 14 December 2021

Local Planning Panel 14 December 2021 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT OUTSIDE PUBLIC MEETING:
245-247 Kissing Point Road, DUNDAS

DESCRIPTION Section 8.3 Review of Determination relating to DA/151/2020 for boundary adjustment to create two lots from the existing two lots, demolition of existing structures, removal of sixteen trees and construction of a part two-storey and part threes-storey childcare facility for 58 children and basement car parking for 17 Vehicles with vehicular access from Spurway Street.

REFERENCE DA/151/2020 - D08291987

APPLICANT/S Baini Design

OWNERS Kissing Point Holdings Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 14 DECEMBER 2021

REASON FOR REFERRAL TO LPP

The application involves a Review of Determination of DA/151/2020 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 as outlined in Attachment 1, the Section 4.15 Assessment Report.

The Site

The subject site is known as 245-247 Kissing Point Road ((Lot 1 DP 650987 and Lot 1 DP 128425). Lot 52 Belmore Street, North Parramatta (Lot A DP 381509 and Lot 882 DP 752028). The site is located at the corner of the intersection of Spurway Street and Kissing Point Road. The site is located the south-western corner of Kissing Point Road and Spurway Street, Dundas.

The site is currently occupied by a two (2) single-storey dwelling houses: brick house with tile roof and fibro house with metal roof) and detached car parking structures/sheds. There are small trees within the north-eastern and south-eastern portion of the site and 2 vehicular crossings (1 from Spurway Street and 1 from Kissing Point Road) within the site.

The subject site and immediately adjoining land is zoned R2 (Low Density Residential). The surrounding properties are characterised by dwelling houses, dual occupancy development, schools, public reserves, childcare centre (7 Quarry Road) and a service station.

Background

Development Application DA/151/2020 (subject of this review) was refused by the Parramatta Local Planning Panel for “Boundary adjustment to create two (2) lots from the existing two (2) lots, demolition of existing structures, removal of sixteen (16) trees and construction of a part two-storey and part three storey child care facility for 58 children (4 x 0-2 year olds, 14 x 2-3 year olds & 40 x 3-5 year olds) and basement car parking for 17 vehicles with vehicular

access from Spurway Street”.

The reasons for refusal of the original application are as follows:

Insufficient subdivision pattern

1. Pursuant to Sections 4.15(1)(a)(i) and (b) of the Environmental Planning and Assessment Act 1979, Clause 4.1 ‘Minimum subdivision lot size’ of the Parramatta Local Environmental Plan 2011 and Part 3.7 ‘Subdivision’ of the Parramatta Development Control Plan 2011, the proposed boundary adjustment (subdivision) creates a western lot which is not characteristic of the existing lot shape, size of pattern in the R2 Zone. The proposed western lot dimensions are not accurately shown on the plan nor show the indicative building footprints of the western lot to ascertain whether the new lot can achieve the maximum theoretical potential as envisioned by the PDCP 2011.

State Environmental Planning Policy (Educational Establishments and Child Care Facilities)

2007 / Child Care Planning Guideline August 2017

2. 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, landscaping, visual and acoustic privacy, noise and air pollution, storage space requirements, toilet and hygiene facilities, ventilation and natural light, administrative space, nappy change facilities, premises designed to facilitate supervision, emergency and evacuation procedures, fencing and shade structure device/details.

Inconsistency with the Aims 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, 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

4. 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 above-ground built form is 3m from the northern boundary which creates an undesirable amenity to the future dwelling/s on the western lot. Further, the proposed subdivision creates an elevated L-shaped outdoor play area with play equipment abutting the boundaries of adjoining and surrounding dwellings along Wassell Street, Kissing Point Road and Spurway Street results in unreasonable visual and acoustic amenity 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. The proposal is not suitable for this site as it would have a significant impact on local amenity. 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

5. 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 both Kissing Point Road and Spurway Street is a negative aspect of the proposal. The proposed building is not in character with the established residential setting.

6. Pursuant to Section 4.15(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979 and Part 2.12.8 ‘Public Domain’ and Part 3.2.6 ‘Fences’ of the Parramatta Development Control Plan 2011, the building does not appropriately address the public domain along Spurway Street or Kissing Point Road. In addition, the fencing detracts from providing positive interface between private and public domains.

Unacceptable bulk and scale

7. 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 as the proposal does not observe the prevailing front setbacks to Spurway Street or to Kissing Point Road, the internal side and rear setbacks to the proposed western lot. The acoustic mitigation measures do not fully resolve the visual privacy impacts to adjoining and surrounding properties. The scale of the proposal creates an undesirable built form within an established residential setting as the total height of the acoustic barrier fencing including the modified ground levels and retaining walls above the natural ground level results in a structure that is excessive in bulk and scale as the acoustic barrier is approximately 2.4m-3.7m above the proposed new western lot.

Inadequate landscaping (and deep soil) from the acoustic fences

8. Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the Child Care Planning Guideline and Part 3.3.1 ‘Landscaping’ of the Parramatta Development Control Plan 2011, the absence of any significant perimeter landscaping on-site creates a sense of enclosure for both the children in care, especially given the height of the proposed acoustic boundary/balustrade fencing, and the adjoining properties. The lack of such landscaping, generally 2m in width as prescribed in Part 5.1 of the Parramatta Development Control Plan 2011, along the site boundaries is a significant negative aspect of the proposal. The visual impact from the adjoining residential properties created as a result of the installation of the acoustic boundary/balustrade fencing is unacceptable in an established residential setting.

9. 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 3.3.3 ‘Visual and Acoustic Privacy’ and Part 5.2.3.5 ‘ Acoustic and Visual Privacy’ of the Parramatta Development Control Plan 2011, the 26m long 2.1m high acoustic barrier to the new western lot (as recommended by the acoustic consultant) and to adjoining residential properties is not adequately addressed in the proposal. The visual impact of the recommended height of the acoustic fences/balustrades barriers to the neighbouring residential properties, to the west, is approximately 2.4m-3.7m above the proposed new western lot and is unacceptable given these properties sits below the elevated L shaped outdoor play area.

Air Quality/Pollution

10. Pursuant to Section 4.15(1)(a)(i) and (iii) of the Environmental Planning and Assessment Act 1979 and Part 2.12.5 ‘Air Quality’ of the Parramatta Development Control Plan 2011, the submitted air quality assessment report has not provided the air quality parameters for the proposed underground parking given the site is located on Kissing Point Road. In addition to the proximity of the major arterial road, the proposal has not considered the car exhaust fumes which will emanate from the basement car parking level. No mechanical ventilation or exhaust extraction stacks are shown on the plans.

Insufficient information

11. Pursuant to Section 4.15(1)(a)(i) and (iii) of the Environmental Planning and Assessment Act 1979 and Part 2.12.2 ‘Water Management’ and Part 3.3.6 Water Sensitive Urban Design’ of the Parramatta Development Control Plan 2011, stormwater/engineering concept plans have not been provided.

12. Pursuant to Section 4.15(1)(a) (iii) of the Environmental Planning and Assessment Act 1979 and Part 3.4.2 ‘Access for People with Disabilities’ of the Parramatta Development Control Plan 2011, inadequate Disability Discrimination Act 1992 (DDA) information including the absence of a revised access report have been provided.

13. 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 3.4.4 ‘Safety and Security’ of the Parramatta Development Control Plan 2011, insufficient information regarding the evacuation/assembly point not shown. In addition, integrated fencing, security gates and landscaping and security details have not been provided which creates opportunities for anti-social behaviour which does not comply with Crime Prevention Through Environmental Design (CPTED) principles.

14. 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 3.3.5 ‘Solar Access and Ventilation’ of the Parramatta Development Control Plan 2011, the shadow diagrams provided do not include the shadows cast by the proposal, any future dwellings on the proposed western lot or the shade sail structures in conjunction with the proposed acoustic consultant’s recommendation.

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

16. 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.

17. 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.

Proposed Development

Approval is sought under Section 8.3 Review of Determination as follows:

The proposed development includes the following components:

Stage 1: Boundary adjustment

· Boundary adjustment of two allotments resulting in:

o 245 Kissing Point Road with a site area of 600m²; and

o 247 Kissing Point Road with a site area of 1075m².

Stage 2: Construction of a childcare centre

· Demolition of existing structures;

· Tree removal; and

· Construction of a two storey 58 place childcare centre with one level of basement parking for 17 vehicles.

Amended plans were submitted to Council during the course of assessment. The amended plans are subject of this assessment.

The application was advertised in accordance with Council’s notification procedures. Six unique submissions were received during the notification period. A summary of the issues raised within these submissions is contained within the Section 8.3 Assessment Report.

The application was referred to Council’s Traffic Engineer, Development Engineer, Tree and Landscape Officer, Environmental Health Officer, Urban Design Officer, Accessibility Officer who raised no objections to the proposal subject to recommended conditions of consent. The application was also referred to Transport for NSW who raised no objections subject to recommended conditions of consent.

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. It has been recommended for approval for the following reasons:

1. The development as amended, satisfactorily addresses the previous reasons for refusal.

2. The development is permissible in the R2 zone and satisfies the requirements of all of the applicable planning controls.

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, exercising the functions of Council, pursuant to Section 4.17 of the Environmental Planning and Assessment Act, 1979, that Council grant development consent to DA/151/2020 for boundary adjustment to create two lots from the existing two lots, demolition of existing structures, removal of sixteen trees and construction of a part two-storey and part three-storey childcare facility for 58 children and basement car parking for 17 Vehicles with vehicular access from Spurway Street, on land at 245-247 Kissing Point Road, Dundas, 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.

It has been recommended for approved for the following reasons:

1. The development as amended, satisfactorily addresses the previous reasons for refusal.

2. The development is permissible in the R2 zone and satisfies the requirements of all of the applicable planning controls.

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.

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 be advised of the decision.

Sohini Sen

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	44 Pages
2 ⇩	Draft Conditions	33 Pages
3 ⇩	Locality Map used during assessment	1 Page
4 ⇩	Architectural plans used during assessment	27 Pages
5 ⇩	SoEE Report used during assessment	55 Pages
6 ⇩	Plan of Management used during assessment	19 Pages