MINUTES OF THE Local Planning Panel held via audio-visual means on Tuesday, 15 February 2022 AT 3:30pm
PRESENT
Julie Walsh (Chairperson), Sue Francis, Alf Lester and Peter Haliburn.
ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS
The Chairperson, acknowledged the Burramattagal Clan of The Darug, the traditional land owners of Parramatta and paid respect to the elders both past and present.
WEBCASTING ANNOUNCEMENT
The Chairperson advised that this public meeting is being recorded. The recording will be archived and made available on Council’s website.
APOLOGIES
There were no apologies made to this Local Planning Panel.
DECLARATIONS OF INTEREST
There were no declarations of interest made to this Local Planning Panel.
Reports - Development Applications
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(b) That the Parramatta Local Planning Panel, exercising the function as the consent authority, refuse consent to Development Application No. DA/312/2021 for Demolition of existing structures, tree removal and construction of two x 8 storey boarding house buildings consisting of 237 boarding rooms over 2 levels of basement parking and land dedication as part of a VPA for the site at 85-91 Thomas Street, PARRAMATTA NSW 2153.
(c) Further, that submitters be notified of the decision.
REASONS FOR REFUSAL:
1. Biodiversity Conservation Act 2016 a) Part 6 – Insufficient information provided whether the Biodiversity Offset Scheme is triggered b) Insufficient information provided with respect to impacts of illumination on nocturnal fauna and likelihood of bird collisions
2. Fisheries Management Act 1994 a) Part 7 and 7A – The Department of Primary Industries (Fisheries) is not satisfied that the development complies with the Aquatic Habitat Protection and Threatened Specific Conservation provisions of the Fisheries Management Act 1994 and refused to issue General Terms of Approval.
3. State Environmental Planning Policy (Affordable Rental Housing) 2009 a) Clause 29(1)(c) - The proposal exceeds the maximum Floor Space Ratio on site b) Clause 29(2)(a) - The proposal exceeds the maximum Building Height on site c) Clause 30(1)(b) - A number of boarding rooms exceed 25m2 in area excluding en-suites and kitchens d) Clause 30A – The development is not in keeping with the desired future character of the area
4. Sydney Regional Environmental Plan (Sydney Harbour Foreshore) 2006 a) Division 2 and Part 6 – Insufficient information has been submitted for Council to be satisfied that the development will not have an unreasonable impact on the adjoining wetlands and mangroves.
5. Parramatta Local Environmental Plan 2011 a) Clause 2.3 – The development in its current form is not in keeping with the objectives of the R4 High Density Residential zone b) Clause 2.5 – The proposed scale of the ground floor café is not permissible within the R4 High Density Residential Zone. c) Clause 4.3 – The proposed development exceeds the 11m building height development standard d) Clause 4.4 – The proposed development exceeds the 1.3:1 floor space ratio development standard e) Clause 4.6 – No Clause 4.6 justification was submitted to justify the variation to both Clause 4.3 and Clause 4.4 development standards f) Clause 5.10 – Insufficient information has been provided for Council to be satisfied with any impact to the heritage listed Wetlands adjoining the site g) Clause 6.2 – Insufficient information has been provided with respect to the extent of earthworks and retaining walls on site. h) Clause 6.4 - Insufficient information has been submitted for Council to be satisfied that the development is designed, sited, and will be managed to avoid, minimise, or mitigate any impacts to the adjoining wetlands. i) Clause 2.3 - The proposed stormwater works are not permissible within the RE1 Public Recreation zone.
6. Parramatta Development Control Plan 2011 a) Insufficient information was submitted to assess impacts on biodiversity b) Insufficient information was submitted to assess impacts on stormwater drainage and whether appropriate water sensitive urban design measures will be implemented. c) Access for people with disabilities is not adequately addressed. d) The scale of the proposal exceeds the expected form of development under current planning controls e) The proposal does not provide all of the required facilities for boarding houses, omitting additional kitchen facilities and additional communal living area facilities. f) The internal communal living area does not comply with the minimum area required. g) The proposal does not provide the required number of wheelchair accessible rooms.
7. Public Interest a) The development is not in the public interest.
The Panel decision was unanimous. |
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5.3 |
SUBJECT PUBLIC
MEETING:
DESCRIPTION Demolition, tree removal and construction of a 112 place child care centre with basement carparking for 28 vehicles.
REFERENCE DA/1031/2021 - D08399245
APPLICANT/S Ulandi Kids Pty Ltd
OWNERS Mr M A Draybi
REPORT OF Group Manager Development and Traffic Services
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The Panel considered the matter listed at Item 5.3 and attachments to Item 5.3.
PUBLIC FORUM
1. Josh Milston, in behalf of JMT Consulting, spoke in support of the report recommendation to refuse the development application, but clarified traffic and transport matters raised during assessment. 2. Michael Cahalane spoke in support of the report recommendation.
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(a) That Parramatta Local Planning Panel refuse DA/1031/2021 18-19 Ulandi Place, Winston Hills.
(b) Further, that submitters are advised of the Panel’s decision.
REASONS FOR REFUSAL:
1. The proposal is an overdevelopment of the site by virtue of the number of children, the bulk and scale of the proposed building, the lack of compliance with the streetscape setback and the intensification of traffic in the cul-de-sac.
2. The proposal fails to satisfy concerns for road safety due to: i. the lack of a road safety audit; ii. there is no footpath in Ulandi Place leading to safety concerns for pedestrians, particularly parents with strollers; iii. lack of information regarding access for service and garbage vehicles; iv. the lack of consideration of the impact of onstreet parking on the narrow street to the movement of vehicles in and out of the basement.
3. Rural Fires Act 1997 a. The proposed development has not obtained a Bush Fire Safety Authority as required under Section 100B of the Rural Fires Act 1997. |
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4. State Environmental Planning Policy (Educational Establishments & Child Care Facilities) 2017 a. The proposed development is inconsistent with the following Design Quality Principles prescribed under the Child Care Planning Guideline 2017: · Principle 1 – Context; · Principle 5 – Landscape; · Principle 6 - Amenity · Principle 7 – Safety; · Part 3.1 – Site selection and location; · Part 3.2 – Local Character, streetscape and the public domain interface; · Part 3.3 - Building orientation, envelope, building design and accessibility
b. The proposed development is inconsistent with the following clauses under the Education and Care Services National Regulations: · Regulation 97 & 168 – Emergency Evacuation; · Regulation 107 – Unencumbered Indoor Play Space; and · Regulation 108 – Unencumbered Outdoor Play Space.
5. Parramatta Development Control Plan 2011 a. The proposed development is inconsistent with the following provisions of Parramatta Development Control Plan 2011: · Part 3.1.3 – Preliminary Building Envelopes – Front Setback · Part 3.3.6.1 – Water Sensitive Urban Design
The Panel decision was unanimous. |
Innovative
The meeting terminated at 5:54 pm.
Chairperson