Agenda of Local Planning Panel - Tuesday, 19 April 2022

Local Planning Panel 19 April 2022 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT PUBLIC MEETING:
57 Jenkins Road, CARLINGFORD (Lot 4 DP 663067)

DESCRIPTION Demolition of existing structures, tree removal and construction of a 3 storey boarding house comprising of 19 rooms over basement parking.

REFERENCE DA/1005/2021 - D08443246

APPLICANT/S Oilcan Investments Pty Ltd

OWNERS Oilcan Investments Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 23 MARCH 2022

REASON FOR REFERRAL TO LPP

The application must be determined by the Parramatta Local Planning Panel (PLPP) due to:

a) More than 10% breach in Clause 4.3 Height of Building development standard; and

b) More than 10 unique submissions by way of objection.

EXECUTIVE SUMMARY

The Site

The subject site is legally identified as Lot 4 DP 663067 and is known as 57 Jenkins Road, Carlingford. The subject site is a corner block with a total site area of 929.4sqm. The site has frontage to Jenkins Road of 21.42m & a frontage to Moseley Street of 36.045m. The site has a depth of 28.59m from Moseley Street & a depth of 41.415m from Jenkins Street.

The highest point is at the north-eastern corner on Moseley Street at RL 100.63m while the lowest point is at the south-western corner on Jenkins Road at about RL 95.1m, the drop in elevation is about 5.5m.

The subject site currently accommodates a single storey weatherboard dwelling house with a basement garage with access off Moseley Street. The subject site is located within an established residential area in transition from existing detached dwellings to higher density residential developments including residential flat buildings. Adjoining the subject site to the north and south are single storey residential dwellings.

The Proposal

The proposal seeks consent for demolition of existing structures, tree removal and construction of a three (3) storey boarding house comprising of nineteen (19) rooms (twenty-nine (29) lodgers) over basement parking.

The application was notified and advertised to the adjoining and nearby properties from 10 November 2021 and 5 December 2021. In response, 48 unique submissions and 1 petition with 56 signatures were received.

Amended architectural plans were submitted to Council via the NSW Planning Portal as per Section 37 of the EP&A Regulations 2021. However, due to the amended architectural plans being holistically different to what was originally submitted to Council, the plans were rejected as per Section 38 of the EP&A Regulations 2021.

Clause 4.6

Clause 4.3 of the Parramatta (former The Hills) LEP 2011 provides that the height of a building on this site must not exceed 10m. The proposed building height is 11.29m and seeks a variation of 1.29m or 12.9%.

Assessment

The application has been assessed against sections 4.15 of the Environmental Planning and Assessment Act 1979, taking into consideration all relevant state and local planning controls.

Having regard to the assessment of the proposal from a merit perspective, Council officers do not have sufficient information to be satisfied that the development is capable of compliance with the applicable statutory planning framework.

It is considered that the proposal is preliminary and does not adequately resolve site planning issues related to earthworks and built form.

The proposal does not adequately respond to the site constraints and does not satisfy statutory requirements for development consent to be granted.

For these reasons, it is considered that the proposal is not satisfactory having regard to the matters of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 and is recommended for refusal.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function as the consent authority pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, refuse consent to Development Application No. DA/1005/2021 for Demolition of existing structures, tree removal and construction of a 3-storey boarding house comprising of 19 rooms over basement parking for the site at 57 Jenkins Road, CARLINGFORD.

(b) Further, that submitters be notified of the decision.

REASONS FOR REFUSAL

1. State Environmental Planning Policy (Affordable Rental Housing) 2009

a) Clause 29(2)(a) - The proposal exceeds the maximum Building Height onsite

b) Clause 29(2)(b) - The proposed landscape treatment of the front setback area is compatible with the streetscape in which the building is located

c) Clause 30A – The development is not in keeping with the desired future character of the area

2. Parramatta Local Environmental Plan 2011

a) Clause 4.3 – The proposed development exceeds the 10m building height development standard

b) Clause 4.6 – The written request to vary Clause 4.3 has not adequately demonstrated that compliance with the development standard is unreasonable and unnecessary nor has it provided sufficient environmental planning grounds to justify contravening the development standard.

3. The Hills Development Control Plan 2012

a) The proposed basement carpark does not sufficiently demonstrate that vehicles are able to enter and exit in a forward direction in the scenario when all car parking spaces are occupied.

b) The proposed development is excessive in scale when considered against the current height of building and amenity controls.

c) The proposed development would result in an increase in shadows cast over adjoining properties, in particular the southern dwelling.

d) The motorcycle parking arrangement is poorly configured that it has made it inaccessible.

e) The ground floor exceeds one (1) metre above natural ground level as a result of the inefficient driveway and basement design.

f) Insufficient side setback provided.

g) Insufficient landscaping and deep soil zones provided.

h) Access for people with disabilities is not adequately addressed.

4. Public Interest

a) The development is not in the public interest.

Alex Kresovic

Development Assessment Officer

Sarah Irani

Team Leader Development Support

Attachments:

1 ⇩	Draft Assessment Report - 57 Jenkins Rd CARLINGFORD - DA/1005/2021	25 Pages
2 ⇩	Locality Map - 57 Jenkins Rd CARLINGFORD - DA/1005/2021	1 Page
3 ⇩	Architectural and Landscape Plans used during assessment - 57 Jenkins Rd CARLINGFORD - DA/1005/2021	12 Pages
4	Internal Plans used during assessment - 57 Jenkins Rd CARLINGFORD - DA/1005/2021 (confidential)	3 Pages
5 ⇩	Clause 4.6 Statement used during assessment - 57 Jenkins Rd CARLINGFORD - DA/1005/2021	17 Pages
6 ⇩	Statement of Environmental Effects used during assessment - 57 Jenkins Rd CARLINGFORD - DA/1005/2021	44 Pages
7 ⇩	Social Impact Assessment used during assessment - 57 Jenkins Rd CARLINGFORD - DA/1005/2021	7 Pages
8 ⇩	Plan of Management used during assessment - 57 Jenkins Rd CARLINGFORD - DA/1005/2021	14 Pages
9 ⇩	Traffic Report used during assessment - 57 Jenkins Rd CARLINGFORD - DA/1005/2021	18 Pages
10 ⇩	Acoustic Report used during assessment - 57 Jenkins Rd CARLINGFORD - DA/1005/2021	33 Pages

REFERENCE MATERIAL

Local Planning Panel 19 April 2022 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT OUTSIDE PUBLIC MEETING:
125-129 Arthur Street, PARRAMATTA (Lots 5, 6 & 7 DP 27997)

DESCRIPTION Section 4.55(2) Modification to DA/776/2014 for the demolition of existing buildings, tree removal and construction of a Part 4, 6 and 7 storey residential flat building comprising 64 dwellings and basement car parking.
The modification seeks to increase the building height by 300mm, amend the layout of the basement, ground floor and first floors, changes to the unit mix, provision of a padmount substation, and amendments to services.

REFERENCE DA/776/2014/C - D08408061

APPLICANT/S Ghazi Al Ali Architect

OWNERS S & A Property Holdings Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 19 April 2022

REASON FOR REFERRAL TO LPP

The application is referred to the Parramatta Local Planning Panel (PLPP) as the proposal relates to a Section 4.55(2) where there is a further variation of greater than 10% sought Clause 4.3 Height of buildings under the Parramatta Local Environmental Plan 2011.

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 Site

The subject site is known as 125-129 Arthur Street, Parramatta (Lot 5, 6 & 7 DP 27997). The site consists of three (3) vacant allotments with a site area of 1,668m². The site has dual frontages of 55m to Arthur Street & 28m to Hassall Street.

The site is located within vicinity to commercial, industrial and residential properties.

The site is subject to 1 in 20 years, 1 in 100 years, and Probable Maximum Flood (PMF) flooding. The flood affection to the site is classified as medium and high-risk flooding. Properties within vicinity to the site are also flood affected.

The Proposal

Consent is sought to modify the approved demolition of existing buildings, tree removal and construction of a Part 4, 6 and 7 storey residential flat building comprising 64 dwellings and basement car parking.

The proposed modifications include:

· Increase the overall building height by 300mm from RL 28.38 to RL 28.68 (104.85% variation) in order to provide a flood refuge area within Level 1 of the development.

· Amend the ground floor and first floor layout, and unit mix as a result of the provision for a flood refuge area.

· Amendments to the approved plans to satisfy Construction Certificate requirements including the provision for hydraulic boosters, additional services and a padmount substation.

The maximum permissible building height on site is RL 14 and the proposed modifications result in a building height of RL 28.68 with a variation of 104.85%. This variation is considered acceptable as it is not considered to create further adverse impacts than the original scheme approved under DA/776/2014 which had an approved building height of RL 29 and a 107.14% variation. The requirement to increase Level 1’s finished floor level is acceptable in order to provide a flood refuge area at or above the Probable Maximum Flood (PMF) event of RL 9.3.

The modification application was advertised in accordance with Council’s Consolidated Notification Requirements 2020. No submissions were received during the advertisement period.

After consideration of the development against Section 4.55 of the Environmental Planning and Assessment Act 1979, and the relevant statutory and policy provisions, the proposal is suitable for the site and is in the public interest.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel exercising the functions of Council as the consent authority pursuant to Section 4.16 and Section 4.55, modify development consent DA/776/2014 on land at 125-129 Arthur Street, Parramatta, for a period of five (5) years from the date on the original Notice of Determination, subject to the following modifications:

1. Amend Condition Nos. 1, 23, 27, 33, 35 & 80 to reflect the updated plans and documents.

2. Delete Condition No. 90 as it is a duplication of Condition No. 88.

3. All other conditions of DA/776/2014 remain unchanged.

(b) Further, that the Parramatta Local Planning Panel approve the proposal notwithstanding the non-compliance with the building height standard in Clause 4.3 Height of buildings of the Parramatta Local Environmental Plan 2011 as there are sufficient environmental grounds to justify the variation.

REASONS FOR APPROVAL

1. The proposed modification is substantially the same development which has been approved.

2. The proposed modification is permissible within the B4 Mixed Use zone and results in a development which is suitable for the context of the site and locality.

3. The proposed modification to increase the height is supported in order to provide an adequate flood refuge area due to the significant flood constraints on site.

4. The proposed modification results in reasonable impacts to adjoining and surrounding properties, is suitable for the site, and is in the public interest.

John Martinez

Senior Development Assessment Officer

Attachments:

1 ⇩	Draft Assessment Report and Conditions - 125-129 Arthur Street, Parramatta - DA/776/2014/C	52 Pages
2 ⇩	Plans used during assessment - 125-129 Arthur Street, Parramatta - DA/776/2014/C	23 Pages
3	Internal plans used during assessment - 125-129 Arthur Street, Parramatta - DA/776/2014/C (confidential)	31 Pages
4 ⇩	Flood Impact Assessment Update Report - 125-129 Arthur Street, Parramatta - DA/776/2014/C	83 Pages
5 ⇩	Flood Emergency Detailed Response Plan - 125-129 Arthur Street, Parramatta - DA/776/2014/C	31 Pages
6 ⇩	Statement of Environmental Effects - 125-129 Arthur Street, Parramatta - DA/776/2014/C	39 Pages

REFERENCE MATERIAL

Local Planning Panel 19 April 2022 Item 6.1

INNOVATIVE

ITEM NUMBER 6.1

SUBJECT Post Exhibition report - Planning Proposal and draft Planning Agreement for land at 22 Noller Parade, Parramatta

REFERENCE RZ/15/2018 -

APPLICANT/S Hamptons Property Services

OWNERS Jimstam Holdings

REPORT OF Project Officer

Development applications considered by Sydney central city planning panel Nil

RECOMMENDATION

The Local Planning Panel support the following Council Officer recommendations in the Panel’s advice to Council:

(a) That Council receives and notes submissions made during the public exhibition of the Planning Proposal and draft Planning Agreement for 22 Noller Parade, Parramatta.

(b) That Council approve the Planning Proposal (at Attachment 1) for land at 22 Noller Parade, Parramatta for finalisation that seeks the following amendments to the Parramatta Local Environmental Plan 2011 (PLEP 2011):

i. Amend the Land Zoning Map from R2 Low Density Residential to R4 High Density Residential.

ii. Amend the maximum building height on the Height of Buildings Map from RL 14 metres (4 storeys) to RL 17 metres (5 storeys).

iii. Amend the maximum Floor Space Ratio (FSR) on the FSR Map from zero (nil) FSR, to 1.5:1.

(c) That Council approve the draft Planning Agreement (at Attachment 2) for finalisation, that proposes a monetary contribution to undertake public domain works associated with, and new connections to, the Alfred Street Bridge.

(d) That the Planning Agreement be executed and registered on title before the Planning Proposal is sent to the Department of Planning and Environment for finalisation.

(e) That Council authorise the Chief Executive Officer to exercise the plan making delegations as granted by the Gateway determination for this Planning Proposal.

(f) Further, that Council delegates authority to the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the finalisation process relating to the Planning Proposal and Planning Agreement.

PLANNING PROPOSAL TIMELINE

SITE DESCRIPTION

1. The subject site is located on a single lot at 22 Noller Parade, Parramatta and is shown in Figure 1 below. It has an approximate site area of 908m² and has a legal description of Lot 1 DP 35895. The site is bounded by Noller Parade to the south, Alfred Street to the east and the Parramatta River to the north.

2. The site has access to future, high quality active and public transport connections. The site adjoins the under-construction Alfred Street pedestrian and cycle bridge and associated public domain and is within 200m of the Parramatta Light Rail stop being constructed on Tramway Avenue.

3. A single storey dwelling with a detached garage is currently located on the site. The land surrounding the site comprises a mixture of low density residential to the south east, medium density residential to the west and south, and high density residential to the east.

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Figure 1 – Site at 22 Noller Parade, Parramatta subject to the Planning Proposal

4. The site is located in a flood prone area and is subject to the Probable Maximum Flood (PMF) (Figure 2 below). Council requires any new development to be constructed to the flood planning level, which is the 1:100 year flood level plus 0.5m. Council’s Flood Engineers have identified that Noller Parade and Alfred Street are important flow paths for potential floodwaters to find their way to the Parramatta River. Future detailed design for the site, and its interface with public areas, must enable any overland flows to access both Noller Parade and Alfred Street. Additionally, any development application for this site will require detailed flood management planning, and detailed strategies for evacuation and/or shelter in place flood response planning.

Figure 2 – Flood prone area map for the subject site at 22 Noller Parade, Parramatta.

BACKGROUND

5. At its meeting on 17 September 2019, the Local Planning Panel (LPP) considered a report on a Planning Proposal for the subject site and recommended to Council that the matter proceed for a Gateway determination and that a Planning Agreement be negotiated.

6. At its meeting on 8 October 2019, Council considered this matter, and resolved to endorse seeking a Gateway determination for the Planning Proposal (Attachment 1).

7. A Gateway Determination was issued by the then DPIE on 5 December 2019 (Attachment 3). As part of this determination, the DPIE authorised Council as the local plan-making authority, which means that should the matter proceed, Council officers will deal directly with the Parliamentary Counsel Office on the legal drafting and mapping of the amendment. The LEP amendment will then be signed by the CEO before being notified on the NSW Legislation website.

8. On 12 July 2021, Council resolved to endorse the legal drafting of a Planning Agreement to facilitate a monetary contribution of $225,000 to Council for the purposes of contributing towards the delivery of public domain works associated with, or new connections to, the Alfred Street Bridge. Council also resolved that the draft Planning Agreement be placed on exhibition concurrently with the Planning Proposal.

9. On 27 October 2021, DPIE (former) issued a revised Gateway determination (Attachment 4) stating the timeframe for completing the LEP is 31 March 2022. The Department of Planning and Environment (DPE) has advised that a further extension to the Gateway timeframe will be provided to allow the Planning Proposal to be finalised.

10. The Planning Proposal, draft Planning Agreement and supporting documentation were publicly exhibited for 28 days from 2 February 2022 to 2 March 2022.

PLANNING PROPOSAL

11. The Planning Proposal seeks to amend the PLEP 2011 to allow for increased density as follows:

	Existing	Proposed
Land Use Zoning	R2 Low Density Residential	R4 High Density Residential
Height of Buildings	RL14m (up to 4 storeys)	RL17m (up to 5 storeys)
Floor Space Ratio	No FSR	1.5:1
Number of Dwellings	2 (dual occupancy)	Up to 16 apartments.

12. The site is subject to Reduced Level (RL) height measurements with regard to Height of Buildings. RLs are an exact building height measurement where zero (0) metres approximates the mean sea level using the Australian Height Datum and was adopted by the National Mapping Council of Australia in May 1971. RL heights have been implemented in areas of the LGA, such as this site, which are subject to heritage view lines and flooding.

13. As noted above, the site is located within a flood prone area and is therefore be subject to specific flood related planning controls. In order to meet these controls, development must be raised above a minimum required level of RL5.6m. The reference design included in the Planning Proposal (included in Attachment 1) demonstrates compliance with Council’s requirement as the ground level is proposed to be RL5.62m.

14. The preparation of a site specific DCP is not required. Development on this site will be assessed under existing provisions of the Parramatta DCP 2011.

15. The reference design accompanying the Planning Proposal shows a 4/5 storey apartment building of 16 apartments consistent with the Parramatta DCP 2011 with setbacks comprising 6m from the front, 4.5m from the west, 7m from the rear and 3m from the east. The reference design proposes to set back the apartment on the 5th storey 15m from the building edge facing Noller Parade which will give the appearance of a 4 storey building at the street level and provide for a roof-top communal open space (see Figures 3 and 4 below). Additionally, the increased setback to the 5th storey will help to mitigate impacts in relation to visual bulk and scale and overshadowing to adjoining properties and will be subject to further assessment at DA stage.

Figure 3 – Indicative design elevation of 22 Noller Parade, Parramatta from the east

Figure 4 – Indicative design setbacks from the 5th storey

16. The proposed height increase from RL14m to RL17m is considered to be a minimum increase in height from the existing four storey residential flat building to the west of the site and also ensures an appropriate transition to the B4 zone to the east (Figure 5 below).

Figure 5 – Reference design bulk and scale in situation (to the left).

PLANNING AGREEMENT

17. At its meeting on 8 October 2019, Council resolved the following in relation to the draft Planning Agreement:

“(c) That the CEO be authorised to negotiate a Voluntary Planning Agreement on behalf of Council to the land value of 50% of the value uplift as per Council’s Planning Agreements Policy 2018 in addition to any development contributions payable…”

18. It is noted that subsequent to the above resolution, DPE released a Planning Agreements Practice Note (February 2021) that seeks to move away from value capture (as referred to in the above Council resolution and Planning Agreements Policy 2018) towards an infrastructure needs approach to negotiating planning agreements. It is acknowledged that while negotiations have occurred prior to the practice note being issued, a value uplift analysis was undertaken and used as a secondary check for the purposes of ensuring that an appropriate monetary contribution is provided towards infrastructure that will directly benefit and service the future development at the site. This approach was adopted when the Planning Agreement was reported to Council for the purposes of public exhibition on 12 July 2021.

19. A draft Planning Agreement that provides Council with additional funding/resourcing to deliver public domain works associated with, and facilitating new connections to, the future Alfred Street Bridge, which adjoins the subject site, was subsequently negotiated and is included at Attachment 2. More specifically, the financial contribution under the draft Planning Agreement will provide additional funding for Council to undertake public domain works, post bridge construction, which will include upgrades to the southern entry of the Bridge at the junction of Noller Parade/Alfred Street, as well as facilitating a foreshore connection between the Alfred Street Bridge and Gasworks Bridge (south side of Parramatta River). The construction of the Alfred Street Bridge does not form part of this Planning Agreement, rather the financial contributions will be used to support public domain upgrades to further improve pedestrian connections on the south side of the bridge (Figure 6 below).

Figure 6 – Artist impression of south landing of the Alfred Street Bridge design elements, which would be supported by funding received as a result of the draft Planning Agreement.

20. The key elements of the draft Planning Agreement are detailed in Table 1 below:

Table 1: Summary of draft Planning Agreement

	Item	Costs for Planning Agreement	Value attributing public benefit
1.	Monetary contribution towards Public Domain works associated with, or new connections to, the Alfred Street Bridge	$225,000	$225,000
2.	Relinquishment of access (at the Alfred Street frontage to facilitate public domain works associated with the Alfred Street Bridge)	Nil cost attributed in draft Planning Agreement	Nil cost attributed in draft Planning Agreement
Staging	75% of the monetary contribution prior to the issue of a Construction Certificate (CC) 25% of the monetary contribution prior to the issue of any Occupation Certificate (OC)	Yes	Yes
Security	Bank Guarantees could be alternatively provided	Yes	Yes
Costs	Applicant agrees to pay Council’s legal costs	Yes	N/A
Other	Section 7.11, 7.12, and 7.24 contributions apply	Yes	N/A
	Total	$225,000	$225,000

21. Items relating to monetary contributions (or alternative bank guarantees) will be subject to indexation to reflect increases in the Consumer Price Index between the execution of the agreement and timing payments as required by Part 5.11 of Council’s Planning Agreements Policy.

22. A requirement of the finalisation of the instrument change requires the Planning Agreement to be executed in full. This includes the payment of legal fees incurred in the negotiation of a Planning Agreement and the registration of the Planning Agreement on the property title. Part 3.7, step 9, of Councils Planning Agreement Policy states that:

“(zz) A planning agreement must be executed before Council will finalise any instrument change associated with an accompanying planning proposal application. If the Developer refuses to execute a planning agreement offered in connection with a planning proposal, the Council will ask the Minister not to proceed with the relevant instrument change under section 3.35(4) of the Act.”

23. In conclusion, the draft Planning Agreement will see a financial contribution of $225,000 paid to Council as additional funding for Council-led delivery of future public domain upgrades to facilitate improved pedestrian connections on the southern side of the under-construction Alfred Street Bridge. These proposed public domain works at the southern entry of the Alfred Street Bridge, including facilitating future connections to the bridge, have been designed as a part of the Alfred Street Bridge project. The proposed monetary contribution is preferred by Council officers as it supports the coordinated delivery of the bridge construction and public domain upgrades.

EXHIBITION OUTCOMES

24. The Planning Proposal, draft Planning Agreement and supporting documentation were publicly exhibited for 28 days from 2 February 2022 to 2 March 2022 as required by the Gateway determination. Notification methods used in the exhibition included:

· Letters to surrounding landowners

· Dedicated exhibition page on Council’s Participate Parramatta website

· Advertisement on Council’s website

· Exhibition folders in Council’s customer service and Parramatta CBD library.

25. Public agencies were also notified in accordance with the Gateway determination, with the following agencies consulted:

· Environment, Energy and Science, DPE (EES)

· Heritage NSW

· NSW State Emergency Service (NSW SES).

26. A total of three 3 submissions were received comprising two (2) from public agencies and one (1) from the local community. Of the submissions received, one (1) objected to the Planning Proposal in full.

COUNCIL OFFICER RESPONSE TO KEY ISSUES RAISED IN SUBMISSIONS

27. Table 3 below summarises the key issues raised in the community submission and Council officer responses.

Table 3 - Summary of issues raised by the community during public exhibition

Consultation Issues	Council Officer Response
1. Character and Amenity	Raised in 1 submission
1. Impact of the proposal on local heritage items. 2. Raised concern regarding impact to sunlight and vistas for neighbouring residents. 3. Proposed height and bulk of building out of character for the street, and may set precedent for future developments.	1. The site is not within a heritage conservation area, nor does it contain a heritage item. Council’s Heritage Officer advises that the Planning Proposal is in keeping with the surrounding built form and does not impede any significant view corridors and retains views from Alfred Street to the Parramatta River. Future development will therefore not adversely impact the heritage qualities of the surrounding area. Future development applications will also be separately assessed against relevant heritage controls. 2. (a) Shadow studies undertaken by the proponent indicates that neighbouring properties will continue to receive adequate solar access. Additional shadow studies will be required at the development assessment stage, which will require an assessment against solar access controls. (b) The current building on the site is single storey. The current planning controls for the site permit a four (4) storey building, in line with the neighbouring buildings to the west, and to the south of the site. The Planning Proposal seeks to permit up to a five (5) storey building and is significantly lower than the existing 12 storey development to the east of the site. Noting surrounding 4 storey development, the proposed height that will allow up to five storeys will not result in significant impacts on vistas beyond what is possible under current controls. 3. (a) The proposed height and density are consistent with the immediate character of the area. Existing zoning of the adjoining and surrounding developments has resulted in the site becoming isolated. This proposal will provide an appropriate transition between the B4 zoning to the east, and the R3 zone to the west and south of the site. (b) The bulk and scale of any future proposed building is required to be consistent with relevant standards and controls. Any residential flat building will be required to be consistent with the relevant requirements of the Apartment Design Guide. (c) The Planning Proposal has been assessed as meeting the strategic merit of State and Council planning policies.
2. Site accessibility/Safety access	Raised in 1 submission
1. Concerns raised regarding queuing traffic at the light rail signalised intersection. 2. Concerns raised about Noller Parade being used as overflow parking for residents and visitors to the neighbouring River Road West development.	1. Council's Senior Traffic and Transport Engineer considers the existing road network has capacity and generation of traffic from this proposal is not considered to be significant. Therefore, the Planning Proposal will not exacerbate existing traffic conditions and does not trigger the need for intersection upgrades. Future intersection upgrades relating to the PLR are outside the scope of this proposal. 2. The site is suitably sized to accommodate compliant basement car parking to service future residential development, which will be considered further at the Development Application phase. Therefore, overflow parking is not expected to be a significant issue as a result of this Planning Proposal. Further, the location will have high public transport accessibility through the close location of the future Tramway Avenue Parramatta Light Rail stop, and pedestrian and cycling connections via Alfred Street Bridge.
3. Flooding	Raised in 1 submission
1. Concerns that this proposal could bring significant increase in flood risk for residents of the site, and neighbouring sites.	Council’s Flood Engineers have identified that Noller Parade and Alfred Street are important flow paths for potential floodwaters to find their way to the Parramatta River. Future development on the site can be appropriately designed at the development application (DA) stage.

AGENCY SUBMISSIONS

Environment, Energy and Science (EES), DPE

28. The Planning Proposal was referred to EES for comment. EES do not object to the Planning Proposal but raised some matters for consideration. Table 4 below summarises the key issues including Council officer responses.

Table 4 - Summary of Issues raised by EES during public exhibition period

Consultation Issues

Council Officer Response

1. Consideration of current and future impacts of flooding for the site.

2. Consideration and management of future and residual impacts of climate change to the site.

3. Consideration of impacts to the Parramatta River Riparian Corridor related to the building of the Alfred Street Bridge.

Council’s Flood Engineers have identified that Noller Parade and Alfred Street are important flow paths for potential floodwaters to find their way to the Parramatta River. The design of the site and its interface with public areas must enable any overland flows to access both Noller Parade and Alfred Street. Additionally, any development application for this site will require detailed flood management planning, and detailed strategies for evacuation and/or shelter in place flood response planning.

Responding to residual risks and future impacts relating to climate change for this site will be addressed at the DA stage through the development controls including energy and water efficient buildings, responses to flooding and deep soil/landscape requirements.

This Planning Proposal does not relate to the development of the Alfred Street Bridge. Impacts to the riparian corridor relating to the Alfred Street Bridge construction have been addressed in the Vegetation Management Plan (2021) developed for the Alfred Street Bridge project.

Heritage NSW

29. The Planning Proposal was referred to Heritage NSW. No response was received.

NSW State Emergency Services

30. The Planning Proposal was referred to NSW State Emergency Services for comment. Table 5 below summarises the key issue raised, including a Council officer response.

Table 5 - Summary of issues raised by NSW SES during public exhibition period

Consultation Issues

Council Officer Response

1. Consideration to be given to Ministerial Section 9.1 Directions relating to flood prone land which is consistent with the NSW Flood Prone Land Policy found in the NSW Floodplain Development Manual (2005).

Risk and Emergency Management policies can be prepared to NSW Hazard Management and the NSW Floodplain Development Manual requirements.

FINANCIAL IMPLICATIONS FOR COUNCIL

31. Any work to progress the finalisation of the Planning Proposal would be prepared by Council Officers and within the existing City Planning and Design budget. Should this matter progress, a Planning Agreement will be entered into between the applicant and Council which will deliver Council a financial payment of $225,000 to support the delivery of public domain works associated with, and facilitating connections to, the under-construction Alfred Street Bridge.

CONCLUSION AND NEXT STEPS

32. Following consideration of all issues raised during the public exhibition of the Planning Proposal and draft Planning Agreement for the site, as outlined in this report, it is recommended that the Planning Proposal be endorsed to proceed to finalisation with no changes to the exhibited documentation.

33. It is therefore recommended that the Local Planning Panel supports the Council Officer recommendation for Council to endorse the exhibited Planning Proposal and exercise its plan-making delegations as granted by the Gateway Determination.

34. It is also recommended that the draft Planning Agreement that provides Council with additional funding/resourcing to deliver public domain works associated with, and facilitating new connections to, the future Alfred Street Bridge be endorsed by Council.

Dot Hepburn

Project Officer

Michael Rogers

Land Use Planning Manager

David Birds

Group Manager, Major Projects and Precincts

Jennifer Concato

Executive Director City Planning and Design

Attachments:

1 ⇩	Planning Proposal - 22 Noller Parade, Parramatta	63 Pages
2 ⇩	Draft Planning Agreement as exhibited	28 Pages
3 ⇩	Gateway determination - 5 December 2019	2 Pages
4 ⇩	Gateway alteration - 27 October 2021	1 Page

REFERENCE MATERIAL