DETERMINATION
(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.
The Panel decision was unanimous.
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