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DETERMINATION
(a) That the
Parramatta Local Planning Panel (PLPP) exercising the functions of Council,
pursuant to Section (1)(b) of the Environmental Planning and Assessment Act
1979, refuse development consent for DA/725/2020 on land at Lot 14 in DP 30791, 45
Mobbs Lane, Carlingford NSW 2118.
(b) Further, that objectors
be advised of the Panel’s decision.
The Panel
did not determine this application at its December 2021 meeting as the Panel
wanted to discuss the matter with Council’s Traffic Engineer and he was
unavailable at that time. This application was deferred for a January 2022 meeting
at which the Traffic Engineer and Planner would be available. The
meeting was not open to the public, and further material was not sought or
requested. A member of the public who had spoken at the meeting sent an
additional submission and this was forwarded to the Panel and Council staff
but it did not raise new issues. The Panel was advised by Council staff that
it did not change their recommendation of approval.
All
members of this Panel had previously visited the site and area at different
times. During the discussion with the Council staff, the Panel was advised
that recommended Condition 32 contained a typographical error and that the
condition should have read that it is recommended that “No
Stopping” signs are required to be placed on the road to the west of
the site – to address limited sight distance and lines of traffic
travelling on Mobbs Lane from that direction. Other traffic conditions
proposed in Council’s report remained unchanged. It was noted that such
a condition requires the approval of the Local Traffic Committee.
Following
the discussion, the majority of the Panel voted to refuse the application on
traffic safety grounds. The Chair of the Panel disagreed with the majority
decision and would have approved the application based on the assessment and
recommendation of the Council planning report.
REASONS
FOR MAJORITY DECISION
1. Whilst the Panel
acknowledges that the amended plans provide suitable design for the child
care use on the site in terms of streetscape presentation and meeting the
character of the residential area, the majority of the panel do not find the
site suitable for the use on traffic safety terms namely:
- the
large amount of fast travelling road traffic on Mobbs Lane; the site being
situated near to the crest of a hill – with resulting poor visibility;
- the
reliance on basement parking is unsatisfactory and the operators cannot
guarantee use of the basement area by parents; the likelihood of queuing of
vehicles entering the basement area;
- the
safety concerns relating to parents parking on the opposite (southern) side
of Mobbs Lane and attempting to cross the busy road with young children for
drop-off at the centre;
- the
uncertainty of the Local Traffic Committee’s decision.
2. The Traffic
Management plan provided by the applicant is considered insufficient to deal
with the serious traffic challenges raised by this location.
3. The traffic safety
concerns of the Panel and the local residents have not been sufficiently met
by the proposed conditions of consent or the applicant’s proposal.
The
Panel decision was not unanimous:
Ayes: Michael
Mason, David Johnson, Anne Smith
Noes: Mary-Lynne
Taylor
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