Agenda of Local Planning Panel - Tuesday, 18 January 2022

Local Planning Panel 18 January 2022 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT PUBLIC MEETING:
1-5 Saunders Street, NORTH PARRAMATTA (Lot 6 DP 523832, Lots A and B DP 161385)

DESCRIPTION Demolition of the existing dwellings, tree removal and construction of a 144 place child care centre over 1 level of basement carparking.

REFERENCE DA/943/2021 - D08348110

APPLICANT/S Golden Dragon 888 Pty Ltd

OWNERS Golden Dragon 888 Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED REFUSAL

DATE OF REPORT 18 january 2022

REASON FOR REFERRAL TO LPP

The application is referred to the Parramatta Local Planning Panel as more than ten submissions have been received in relation to the application. Thirty-two (32) unique objections have been received.

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 1-5 Saunders Street, North Parramatta (Lot 6 DP 523832, Lots A and B DP 161385) and comprises three allotments. The site is an irregular shaped lot with a total area of 1,538m². The primary frontage to Saunders Street is 41.75m and the secondary frontage to William Street is 26.45m. The western rear boundary is 47.64m and the southern boundary is 33.33m. The site slopes to the street and to the south-east corner with a fall of approximately 3.62m.

The site currently comprises two single storey dwellings, one double storey dwelling and ancillary detached structures. Surrounding development is as follows:

· Double storey and single storey dwellings to the north;

· Single storey dwellings to the east;

· Residential flat developments and a dwelling house to the south; and

· Double storey dwelling and multi dwelling development to the west.

The site is zoned R4 High Density Residential under the Parramatta Local Environmental Plan 2011. Surrounding development to the west and south of the site is also zoned R4 High Density Residential. Development to the north and east of the site is zoned R2 Low Density Residential.

The site is in a high-density area undergoing transition with an existing mix of residential development types. The site is located within proximity to the Parramatta CBD, retail development and public transport.

Proposed Development

The proposed development includes:

· Demolition of existing structures.

· Tree removal of eleven trees.

· Construction of a three-storey childcare centre comprising:

· One level of basement car parking for 36 vehicles with vehicular access from Saunders Street.

· Childcare places for 144 children.

· Site works and perimeter landscaping.

The proposal was referred to Council’s Environmental Health Officer and Traffic and Transport Engineer who raised no objections with the proposal subject to conditions of consent. The application was also referred to Council’s Development Engineer, and Tree and Landscape Officer who both requested additional information be submitted.

The application was advertised in accordance with Appendix 1 of Council’s Community Engagement Strategy – Consolidated Notification Requirements. In response 32 unique submissions were received. The issues raised within those submissions are addressed within the assessment report.

The proposal has been assessed in accordance with Section 4.15(1) of the Environmental Planning and Assessment Act 1979. Insufficient information has been submitted to demonstrate that the proposed development is consistent with the requirements of SEPP (Vegetation in Non-Rural Areas) 2017; Parramatta Local Environmental Plan 2011 and the Parramatta Development Control Plan 2011.

The proposal is permissible in the R4 High Density Residential Zone however insufficient information has been submitted to demonstrate that the development is suitable within the context of the future desired character of this locality. A merit assessment of the proposal as a whole has determined that the proposal is unsatisfactory. The proposal is unsuitable for the site and is not in the public interest.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the functions of Council, refuse development consent to DA/943/2021 for demolition of the existing dwellings, tree removal and construction of a 144 place child care centre over 1 level of basement carparking, at 1-5 Saunders Street, North Parramatta.

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

REASONS FOR REFUSAL

1. State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

The proposed development does not exhibit a satisfactory proposal, in that insufficient information has been submitted to demonstrate that it is consistent with the aims of the policy.

2. Parramatta Local Environmental Plan 2011

The proposed development does not exhibit a satisfactory proposal, in that it is inconsistent with the following provisions prescribed within Parramatta Local Environmental Plan 2011:

i) Clause 6.2 Earthworks – insufficient information has been submitted demonstrating that the proposed earthworks will result in a satisfactory drainage outcome for the site.

3. Parramatta Development Control Plan 2011

The proposed development does not exhibit a satisfactory proposal, in that it is inconsistent with the following provisions prescribed within Parramatta Development Control Plan 2011:

i) Section 2.4.2.3 Protection of Groundwater – insufficient information has been submitted to demonstrate the development is consistent with the objectives of this control.

ii) Section 3.1.3 Building Envelope Tables – the development does not meet the minimum deep soil area requirements under this control.

iii) Section 3.1.3 Building Envelope Tables – the development does not meet the minimum landscaped area requirements under this control.

iv) Section 3.3.1 Landscaping – insufficient information has been submitted to demonstrate the development is consistent with the objectives of this control.

ii) Section 3.3.6 Water Sensitive Urban Design – insufficient information has been submitted to demonstrate the development is consistent with the objectives and controls of this section.

4. The proposal fails to satisfy the relevant considerations under Section 4.15(1)(c) Environmental Planning and Assessment Act 1979 for suitability of the site and the public interest.

5. 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-compliances with the applicable planning controls, is not beneficial for the local community and as such, is not in the wider public interest.

Sohini Sen

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	39 Pages
2 ⇩	Locality Map used for PLPP	1 Page
3 ⇩	Plans used for PLPP	35 Pages
4 ⇩	Statement of Environmental Effects report used for PLPP	82 Pages

REFERENCE MATERIAL

Local Planning Panel 18 January 2022 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT PUBLIC MEETING:
65 Boronia Avenue, EPPING (Lot 1 DP 8514)

DESCRIPTION Section 4.55(1A) modification of DA/594/2020 for the demolition of existing structures and construction of a detached dual occupancy with Torrens title subdivision.

The modifications include changes to the levels of the stormwater easement drainage pipe located within the neighbouring property.

REFERENCE DA/594/2020/A - D08357467

APPLICANT/S Dongxing Qi

OWNERS Dongxing Qi

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED APPROVAL

DATE OF REPORT 18 JANUARY 2022

REASON FOR REFERRAL TO LPP

This item is being referred to the Parramatta Local Planning Panel as more than 10 submissions (22 unique submissions) were received during the formal notification period.

EXECUTIVE SUMMARY

DATE OF REPORT – 14/12/2021

REASON FOR REFERRAL TO LPP

This item is being referred to the Parramatta Local Planning Panel (LPP) as more than 10 submissions (22 unique submissions) were received during the formal notification period.

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 subject modification DA/594/2020/A was lodged to Council on 1 October 2021 pursuant to Section 4.55(1A) of the Environmental Planning and Assessment Act 1979. The modifications involve changes to the levels of the proposed stormwater easement drainage pipe located at the neighbouring property at No.26 Lewis Street, Epping.

The original application was reported to the LPP at its meeting on 16 February 2021 and was granted a Deferred Commencement approval. The conditions required by Council prior to the issuing of an operative consent included the submission to Council of documentary evidence confirming the creation of an easement to drain water 1 metre wide benefiting the subject lot known as 65 Boronia Avenue, Epping (Lot 1 DP8514) and burdening the downstream property(s) and registration with the NSW Land Registry Services.

The subject site is a regular rectangular corner lot with Ryde Street along the west and Boronia Street running to the south. The site currently accommodates a single storey dwelling with the primary frontage addressing Ryde Street. 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 north and west are single storey residential dwellings.

The modification includes:

1. Changes to the levels of the stormwater easement drainage pipe; and

2. Construction of a Kerb Inlet Pit (KIP) within the frontage of 26 Lewis Street, Epping.

Council’s Development Engineer has reviewed the proposed modification and concluded the proposal satisfies the requirements of Council’s controls and can be supported, subject to amended conditions of consent.

The application was notified in accordance with Council’s Consolidated Notification Requirements. In response, 22 submissions were received. The issues raised within the submissions have been addressed in the Assessment Report and were considered as part of the assessment of the modification, however, do not warrant refusal of the application.

The application was assessed against the relevant planning controls and notwithstanding the engineering matters and issues raised in the submissions, the proposed modification is considered satisfactory and is supported.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel (PLPP), excising the functions of Council, pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979, approve modifications to the deferred commencement consent to DA/594/2020A for the demolition of existing structures and construction of a detached dual occupancy with Torrens title subdivision at 65 Boronia Avenue, Epping.

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

REASONS FOR APPROVAL

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.

William Wolter

Development Assessment

Attachments:

1 ⇩	Assessment Report and Draft Conditions	42 Pages
2 ⇩	Locality Plan	1 Page
3 ⇩	Plan used during assessment	1 Page

REFERENCE MATERIAL

Local Planning Panel 18 January 2022 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT OUTSIDE PUBLIC MEETING:
8-10 Evans Road, TELOPEA (Lot 386 and Lot 387 DP 36692)

DESCRIPTION Demolition of existing structures, tree removal, consolidation of the 2 lots, and the construction of an 8 storey Residential Flat Building development with 3 levels of basement parking. The application is Nominated Integrated Development pursuant to the Water Management Act 2000.

REFERENCE DA/663/2021 - D08353571

APPLICANT/S Architecture Design Studio (NSW) Pty Ltd

OWNERS Awelf Constructions Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED REFUSAL

DATE OF REPORT - 22 December 2021

REASON FOR REFERRAL TO LPP

This item is being referred to the Parramatta Local Planning Panel as the development is a SEPP65 development that is over 4-storeys high.

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 comprises two (2) separate allotments known as 8-10 Evans Road, Telopea. The current property descriptions are Lot 386 and Lot 387 DP 36692.

The subject site currently accommodates 2 single storey dwelling houses located on separate Torrens title lots. It is located within an established residential area identified as the Telopea Precinct. Across Evans Road is a strip of commercial tenancies. The rest of the locality is characterised by single and double storey residential dwellings as well as more residential flat buildings.

The site is located within an R4 High Density Residential Zone pursuant to Parramatta Local Environmental Plan 2011 under which residential flat buildings are permissible on the site and in the surrounding locality. The Maximum Building Height is 28m and the Maximum Floor Space Ratio is 2.4:1.

Please note that the site was subject to a recent amendment to the LEP which came into effect on 20 February 2020 to up-zone the site and surrounding locality. The site was previously zoned B4 Mixed Use, with a Maximum Building Height of 15m and a Maximum Floor Space Ratio of 2:1.

The proposal seeks to develop an 8 storey Residential Flat Building with a roof top communal area over three levels of basement parking.

Notification

The application was notified in accordance with Council’s Consolidated Notification Requirements. In response, 9 submissions were received. The issues raised within those submissions comprise the following:

· Construction Impacts;

· Traffic Impacts;

· Overdevelopment of the Site;

· Solar Impacts;

· Not in keeping with existing character;

· Flora and Fauna Impacts.

Assessment

The application was assessed against the relevant environmental planning instruments, including SEPP No.65 – Design Quality of Residential Apartment Development and Parramatta LEP 2011, as well as the provisions of Parramatta DCP 2011. The proposal in its current form has several non-compliances with the above instruments.

Clause 6.18(3) of the Parramatta LEP 2011 prevents Council from granting development consent for land within the Telopea Precinct without the preparation of a Development Control Plan that addresses the relevant listed matters.

It is noted that the lodgement of this Development Application fell within the time period where the Draft Telopea Precinct DCP had been prepared and exhibited, but not yet adopted. It is acknowledged that the applicant designed this development without considering the Draft DCP as they were not aware of its imminent adoption.

A general overview of the Telopea Precinct controls would likely require the overall building form to be amended but may not result in a decrease in development yield. Some examples are as follows:

· Whilst the proposal will need an increased front and rear setback, the new provisions allow for reduced side setbacks to 3m, as well as more levels within the podium portion of the building;

· Whilst the proposal will need a smaller basement footprint to incorporate additional Deep Soil Zone, the parking rates means the development does not require as much parking.

Regardless, it is clear the applicant will need to review the controls of the Telopea Precinct DCP and incorporate it into an amended design.

In addition, the subject site is identified as an ‘Intensive Urban Design Development Area’, and is subject to the provisions of Clause 8.1 – Arrangements for designated State public infrastructure. The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the development of land wholly or partly for residential purposes, to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.

The proposal seeks consent to develop additional residential accommodation in the area and will require the Secretary to certify in writing that satisfactory arrangements have been made to contribute to the provision of the designated State public infrastructure.

No correspondence from the Secretary has been provided with this development application.

Other internal and external experts have requested amended documents including the following:

· Council’s Stormwater Engineer;

· Council’s Sustainability and Waste Officer;

· Council’s Urban Design Officer;

· Council’s Accessibility Officer;

· Endeavour Energy; and

· WaterNSW.

On 22 November 2021, a deemed refusal appeal was lodged with the Land and Environment Court. In that regard, the application must be determined at the January Local Planning Panel meeting to meet the court mandated dates.

RECOMMENDATION

(a) That Parramatta Local Planning Panel exercising the functions of Council pursuant to Section 4.17 of the Environmental Planning and Assessment Act, 1979 refuse DA/663/2021 for the following reasons.

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

REASONS FOR REFUSAL

1. Parramatta Local Environmental Plan 2011

a. The proposed development is inconsistent with the following provisions of Parramatta Local Environmental Plan 2011:

· Clause 6.2 – Earthworks; and

· Clause 8.1 – Arrangements for designated State public infrastructure.

2. Parramatta Development Control Plan 2011

a. The proposed development is inconsistent with the following provisions of Parramatta Development Control Plan 2011:

· Part 2.4.2.3 – Protection of Groundwater

· Part 2.4.8 – Public Domain

· Part 3.2.1 – Building Form and Massing

· Part 3.2.2 – Building Facades and Articulation;

· Part 3.2.5 – Streetscape;

· Part 3.3.6.1 – Water Sensitive Urban Design; and

· Part 4.3.9 – Telopea Precinct

3. Environmental Planning and Assessment Act 1979

a. As highlighted above, the proposal has non-compliances with Parramatta LEP 2011 and Parramatta DCP 2011. Accordingly, the proposal fails to satisfy the matters of consideration prescribed under s4.15(1)(a)(i) and (iii) of the EP&A Act 1979.

b. As the proposed development does not show consistency with critical provisions of the above instruments, the proposal is not considered to be in the public interest and also fails to satisfy s4.15(1)(b), (d), and (e) of the EP&A Act 1979.

Darren Wan

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	19 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	22 Pages
4	Internal Residential plans used during assessment (confidential)	12 Pages
5 ⇩	Statement of Environmental Effects	33 Pages