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DETERMINATION
(a) That the Parramatta Local
Planning Panel (PLPP), exercising the functions of Council, resolved to refuse
development consent to DA/1055/2021 for use of part of the site as a freight
transport facility at 37A Grand Avenue, Camellia NSW 2142.
(b) Further, that submitters be
advised of the decision.
REASONS FOR REFUSAL
1. State Environmental Planning
Policy (Resilience and Hazards) 2021
a. Pursuant to Section
4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979,
insufficient information has been submitted to demonstrate that the site is
suitable for the proposed use under the provisions of Clause 4.6 of SEPP
(Resilience and Hazards) 2021.
2. State Environmental Planning
Policy (Biodiversity and Conservation) 2021
a. Pursuant to Section
4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, insufficient
information has been submitted to demonstrate that the property and proposed
use are consistent with the provisions of Clause 2.7, 2.8 & 2.10 of SEPP
(Biodiversity and Conservation) 2021.
3. Parramatta Local Environmental
Plan 2011
a. Pursuant to Section 4.15(1)(a)(i)
of the Environmental Planning and Assessment Act 1979, the proposed
development does not meet compliance and/or consist of insufficient
information to determine its compliance to the following matters of the Parramatta
Local Environmental Plan 2011:
i. Objectives IN3
Heavy Industrial: The proposed land use has not taken into consideration
the context and setting of the subject site as the use will generate undue
adverse effects of industry on the R2 Low Density Residential zoned
properties to the north of the site as a result of acoustic and dust impacts.
ii. Clause 5.10 Heritage
conservation: Insufficient information has been submitted to demonstrate
that the contaminated material on site will not cause adverse impact to Wetlands
located along the property’s Parramatta River foreshore.
iii. Clause 5.21 Flood
planning: Insufficient information has been submitted to demonstrate that
the use is appropriate given the property’s flood affectation.
iv. Clause 6.2 Earthworks:
Insufficient information has been submitted to demonstrate that the
earthworks undertaken on the property without consent are in accordance with
Clause 6.2(3) of LEP 2011, and that it will not create detrimental effects to
the Parramatta River.
v. Clause 6.5 Water
Protection: Insufficient information has been submitted to demonstrate
that the existing capping on site is sufficient to contain the contaminated
material from seeping into the riparian land.
vi. Clause 6.7 Affected by a
foreshore building line: Insufficient information has been submitted to
demonstrate that the existing capping on site is sufficient to contain the contaminated
material and will not cause adverse impact to the surrounding foreshore area.
4. Parramatta Development Control
Plan 2011
a. Pursuant to Section
4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979,
the proposed development does not meet compliance and/or consist of
insufficient information to determine its compliance to the following matters
of the Parramatta Development Control Plan 2011:
i. Section 2.4.2
Water Management
ii. Section 2.4.3 Soil
Management
iii. Section 3.3.3 Visual and
Acoustic Privacy
iv. Section 3.3.6 Water
Sensitive Urban Design
v. Section 3.3.7 Waste
Management
vi. Section 3.5 Heritage
5. Environmental Planning and
Assessment Act 1979
a. Pursuant to Section 4.15(1)(b) and
(c) of the Environmental Planning and Assessment Act 1979, the site is
not considered suitable for the proposed development.
b. Pursuant to Section 4.15(1)(d) and
(e) of the Environmental Planning and Assessment Act 1979, the adverse
impacts generated by the development due to non-compliance with the
applicable planning controls are detrimental to the established residential
community within the vicinity and as such, it is not considered to be in the
wider public interest.
The Panel decision was unanimous.
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