Agenda of Local Planning Panel - Tuesday, 21 June 2022

Local Planning Panel 21 June 2022 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT PUBLIC MEETING:
44-46 Wattle Street, RYDALMERE (Lot 8 and 9 Section 5 DP 977669)

DESCRIPTION Demolition, tree removal and construction of a three storey boarding house comprising 44 rooms above basement car parking for 22 car spaces.

REFERENCE DA/860/2021 - D08534396

APPLICANT/S Wattlepine Developments Pty Ltd

OWNERS Wattlepine Developments Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 14 june 2022

REASON FOR REFERRAL TO LPP

This application is referred to the Parramatta Local Planning Panel as more than ten unique submissions have been received for the Development Application.

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 site is known as 44-46 Wattle Street, Rydalmere (Lots 8 and 9 Section 5 DP 977669). The site is a regular shaped allotment with a total area of 1,551.5m² and has a 33.96m frontage to Wattle Street. The site is located on the southern side of Wattle Street, approximately 70m west of the intersection of Myrtle Street and Wattle Street. The site currently contains two existing single storey dwellings, outbuildings and a number of trees. The site has a cross-fall from the south-western corner to the north-eastern corner of approximately 3.4m. The site is in proximity to Victoria Road, Western Sydney University and a number of local retail shops and is accessible via bus stops along Victoria Road.

The site is zoned R4 High Density Residential and is located on a block of R4 zoned land bound by Wattle Street to the north, Myrtle Street to the east, an industrial precinct to the west and Wattle Street to the south. Surrounding development includes a dwelling house to the south, 1-2 storey dwellings across Wattle Street and an industrial land use to the west. The existing built form character in the locality comprises buildings associated with St Marys Primary School, a three storey residential flat building, and existing lower density dwellings. A Development Application is currently under assessment for the site at 63-67 Pine Street adjoining the subject site to the south, for a residential flat building (DA/317/2021).

The Proposal

The proposed development includes the following components:

· Consolidation of two allotments;

· Tree removal;

· Demolition of existing structures;

· Construction of a three storey boarding house with 44 rooms (including one manager’s room and two accessible rooms) over basement parking with 22 car spaces, nine motorcycle spaces and ten bicycle spaces; and

· Site works and perimeter landscaping.

The total number of lodgers is 43 plus the manager.

The application was reviewed by Council’s Traffic and Transport Engineer, Development Engineer, Tree and Landscape Officer, Accessibility Officer and Environmental Health Officer. No objections to the proposal were raised subject to conditions of consent.

In accordance with Council’s notification procedures, owners and occupiers of surrounding properties were given notice of the application between 30 September and 22 October 2021. During this time, 29 unique submissions (23 individual submissions and 6 petitions) were received. Concern was raised by objectors included but were not limited to overshadowing and privacy impacts, density and scale of development, compatibility with the streetscape, traffic safety and parking impacts, contamination and and acoustic impacts.

Amended plans and supporting documentation was submitted during the course of the assessment. The application was re-notified between 25 February and 18 March 2022. During this time, 17 unique submissions (16 individual submissions and one petition) were received. Similar issues were raised as the previous submissions. The submissions are detailed within the Section 4.15 assessment report.

Further amended plans were submitted during the course of the assessment. In accordance with Council’s notification procedures, the application did not require re-notification as the amended application is considered to be substantially the same development and does not result in a greater environmental impact.

After consideration of the development against Section 4.15 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. The proposal is recommended for deferred commencement approval subject to conditions.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the functions of Council, pursuant to Section 4.17 of the Environmental Planning and Assessment Act, 1979, grant deferred commencement development consent to DA/860/2021 for a period of five (5) years within which physical commencement is to occur from the date on the Notice of Determination, subject to conditions of consent.

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

REASONS FOR APPROVAL

1. The development is permissible in the R4 zone and satisfies the requirements of all of the applicable planning controls;

2. The development will be compatible with the emerging and planned future character of the area; and

3. Approval of the application is in the public interest.

Sohini Sen

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment report and draft conditions	91 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	13 Pages
4	Internal Plans used during assessment (confidential)	7 Pages

REFERENCE MATERIAL

Local Planning Panel 21 June 2022 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT PUBLIC MEETING:
48 Norfolk Road, EPPING NSW, (Lot 1 in DP 862266)

DESCRIPTION Alterations and additions to the existing dwelling including demolition of the existing detached garage and carport at rear, tree removal, relocation of the existing dwelling, construction of a new front fence and a new double carport at the rear, and Torrens Title subdivision of one lot into two lots.

REFERENCE DA/65/2022 - D08527224

APPLICANT/S Just Planning

OWNERS W X Dou

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 21 June 2022

REASON FOR REFERRAL TO LPP

The application attracted seventeen (17) unique submissions objecting to the proposal.

EXECUTIVE SUMMARY

The subject site is known as 48 Norfolk Road, Epping. The site and the surrounding properties are zoned R2 Low Density Residential. The subject site currently accommodates a single storey dwelling with detached carport and a shed at the back of the site.

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 are a set of single storey residential dwellings and to the south is a double storey dwelling. The property is within the East Epping Heritage Conservation Area.

In accordance with the requirements contained within Appendix 1 of Council’s Community Engagement Strategy, owners and occupiers of adjoining and surrounding properties were given notice of the application between 8 February to 22 February 2022. In response, 17 submissions objecting to the proposal were received. The issues raised within these submissions has been addressed within the Section 4.15 Assessment Report.

Council’s Heritage Advisor, Development Engineer, Landscape and Tree Management Officer, Traffic and Transport Officer and Environmental Health Officer for Waste support the development proposal, subject to appropriate conditions.

The proposed development is generally consistent with the requirements of both Hornsby Local Environmental Plan 2013 and Hornsby Development Control Plan 2013.

After consideration of the development against 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 pursuant to Section 4.17 of the Environmental Planning and Assessment Act, 1979, grant consent to DA/65/2022 for a period of five (5) years in which physical commencement is to occur from the date on the Notice of Determination, subject to conditions of consent.

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

REASON FOR APPROVAL

The development application has been recommended for approval for the following reasons:

1. The development is permissible in the R2 zone and satisfies the requirements of all of the applicable planning controls,

2. The development will not create adverse impacts onto the locality and will be compatible with the existing area,

3. The proposed development ensures the conservation of the existing dwelling while maintaining its contribution to the East Epping Heritage Conservation Area,

4. The development will be compatible with the emerging and planned future character of the area, and

5. For the reasons given above, approval of the application is in the public interest.

Sumitava Basu

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report and Draft Conditions	45 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	3 Pages
4	Internal plans used during assessment (confidential)	3 Pages
5 ⇩	Statement of Environmental Effects report	36 Pages
6 ⇩	Statement of Heritage Impact report	34 Pages
7 ⇩	Construction Management report	9 Pages
8 ⇩	Waste Management report	10 Pages
9 ⇩	Arborist's report	47 Pages
10 ⇩	Schedule of finishes	1 Page

REFERENCE MATERIAL

Local Planning Panel 21 June 2022 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT PUBLIC MEETING:
43-47 Murray Farm Road, No. 13 and No. 19 Watton Road, CARLINGFORD NSW 2118 (Lot 1 DP 210512, Lot 16 DP 238510, Lot 6 DP 259726)

DESCRIPTION Demolition, tree removal and construction of a part (2) and part (3) storey residential care facility comprising of 110 beds, with one (1) level of basement parking. This Application has been identified as Integrated under Section 91 of the Water Management Act 2000.

REFERENCE DA/1057/2021 - D08521983

APPLICANT/S HB & B Property Pty Ltd

OWNERS HB & B Property Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 21 JUNE 2022

REASON FOR REFERRAL TO LPP

In accordance with the Environmental Planning and Assessment Act 1979, Section 9.1 – Directions by the Minister, this application is reported to the Parramatta Local Planning Panel for determination as it is a contentious development, having received greater than ten (10) unique submissions.

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 consists of three lots and is legally known as Lot 1 DP210512, Lot 16 DP238510 and Lot 6 DP259726 and is also known as 43 - 47 Murray Farm Road, 13 Watton Road and 19 Watton Road, Carlingford. The site is irregular in shape, with a 50.29m frontage to Murray Farm Road to the south and 46.12m frontage to Watton Road to the north. The site area has a total area of 7,063.94m2 and has a cross fall of approximately 9m from the front south-eastern corner (Murray Farm Road) to the rear (Watton Road) north-western corner of the site.

The site is located on land zoned R2 Low Density Residential under the Parramatta (former The Hills) Local Environmental Plan 2012 (LEP 2012).

The Proposal

Development Application DA/1057/2021 seeks consent for:

· Enabling works which comprise:

o Demolition of all existing structures on site including single storey brick dwelling house, in-ground swimming pool, metal shed and existing depot structures

o Earthworks to create a level building platform and enable the construction of the basement

o Removal of 23 of the 52 trees throughout the site

· Construction of a part two (2) and part three (3) storey residential care facility (Seniors Housing) comprising:

o Associated basement parking and vehicular access comprising 24 car parking spaces and loading dock and waste facilities

o 110 age care beds including communal living, dining and lounge areas

o Associated landscaping works including, communal open space garden pavilion.

· Associated civil engineering and public domain works.

Background

The application is made pursuant to State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (Seniors SEPP), which permits development for the purposes of housing for older people or people with disabilities on land within the R2 Low Density Residential zone.

Note: The Seniors SEPP was repealed on 25 November 2021. The State Environmental Planning Policy (Housing) 2021 was published and came into effect on 26 November 2021. Schedule 7A (Savings and Transitional Provisions) states that, the Housing SEPP 2021 does not apply to a Development Application made, but not yet determined, on or before the commencement date.

Development Application DA/1057/2021 was lodged with Council on 15 November 2021. Therefore, this application is subject to the Seniors SEPP 2004.

On 21 April 2022, the applicant submitted amended plans and documentation in response to the issues identified by Council. On 19 April 2022 the applicant commenced Class 1 proceedings in the Land and Environment Court (LEC) by appealing against the “deemed refusal” of this application. Council advised the applicant that due to the commencement of Class 1 proceedings, the amended plans and documentation would not be accepted.

Notwithstanding this, a review of amended plans and documentation was undertaken, and it is noted that Council’s fundamental concerns have not been addressed by the amended proposal.

Notification/Advertisement

In accordance with the Parramatta Notification Plan the Development Application was notified and advertised between 1 December 2021 and 11 January 2022 and again from 11 January 2022 to 9 February 2022. Twenty-four (24) submissions were received objecting to the proposal, with twenty (20) of those being unique. Key concerns raised in the submissions are as follows:

· The proposed development is not permissible

· The proposal is not consistent with the character of the Low Density Zone and the surrounding area

· The site is not suitable for the proposed development

· Non-compliance with relevant Development Standards

· Unacceptable bulk and scale impacts for neighbouring properties

· Unacceptable streetscape impacts

· Visual and aural amenity impacts for neighbouring properties

· Unacceptable increase in traffic movements and congestion

· Amenity concerns for future residents (solar access)

· Amenity concerns for future residents (subterranean environment)

· Concerns with the proposed loading dock and access to this area

· Excessive excavation

· Flooding

· Extensive tree removal

· Impact to the existing water course

· Inaccurate and inconsistent documentation

· Safety concerns for future residents

· Land contamination and

· Proximity to other Residential Care Facilities.

Section 4.15 Assessment Summary

This application was assessed against the following environmental planning instruments:

· State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

· State Environmental Planning Policy (Biodiversity and Conservation) 2021

· State Environmental Planning Policy (Resilience and Hazards) 2021

· State Environmental Planning Policy (Transport and Infrastructure) 2021

· Parramatta (former The Hills) Local Environmental Plan 2012 (PLEP 2012)

· The Hills Development Control Plan 2012 (HDCP 2012)

· Draft Parramatta Local Environmental Plan 2020 (DLEP 2020).

The proposal is not considered to be consistent with the requirements of the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, the Parramatta (former The Hills) Local Environmental Plan 2012 (PFHLEP 2012), as well as with key development controls contained within the Hills Development Control Plan 2012.

Further, the subject site is not a suitable location for the development of a residential care facility (Seniors Housing) of this scale as the site cannot accommodate required services and facilities to enable efficient and safe operation of the use without causing further impacts on the amenity of surrounding properties.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, refuse development consent to DA/1057/2021 for the for the demolition of existing structures, tree removal and construction of a part two (2) and part three (3) storey residential care facility comprising of 110 beds on land at 43-47 Murray farm Road, No.13 and No 19 Watton Road, Carlingford, for the following reasons listed below.

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

REASONS FOR REFUSAL

1. State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

a) Clause 26: The proposal does not adequately address that the residents of the proposed development will have access to local retail, commercial, and medical facilities.

b) Clause 29: The proposed development is not compatible with surrounding land uses.

c) Clause 30: The submitted site analysis was not prepared in accordance with Clause 30 of the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

d) Clause 33: The proposed development does not maintain a reasonable neighbourhood amenity and appropriate residential character by failing to adopt a building height that is compatible in scale with adjacent developments.

e) Clause 35: The proposed development fails to provide adequate solar access to the living areas and private open space for the future residents of the Residential Care Facility.

f) Clause 36: It has not been demonstrated that the disturbance and impacts on adjoining properties will be minimised.

g) Clause 38: Safe pedestrian links from the site that provide access to public transport services or local facilities are not provided.

h) Clause 40(4)(b): The proposal breaches the number of storeys control stipulated under this Clause.

2. Parramatta (former The Hills) LEP 2012

a) Clause 1.2(a) and (d) ‘Aims of Plan’: The subject application fails to provide an orderly and sustainable built environment that is compatible within the local context of the area.

b) Clause 2.3: the proposal fails to comply with the objectives of a low density residential zone objectives in that it does not satisfactorily maintain the existing low density residential character of the area.

c) Clause 7.2: The proposal fails to ensure that earthworks will not have a detrimental impact on the subject site, and its likely future use being a Seniors Living facility.

3. The Hills Development Plan 2011

a) Part 2.5 (Streetscape and Character): The proposal fails to comply with the Objectives of Part 2.5 (Streetscape and Character).

b) Part 2.12 (Stormwater): It has not been demonstrated that the disturbance and impacts on adjoining properties will be minimised.

4. The Public Interest

a) The development would result in an adverse environmental and amenity impact on the surrounding built environment and not be consistent with the existing streetscape.

b) The development is considered an overdevelopment of the site as the operation of the facility results in undesirable amenity impacts for future residents and adjoining properties, and unacceptable pedestrian safety impacts within the locality.

c) The adverse impacts by the development due to non-compliances with the applicable planning controls are not beneficial for the local community and as such, are not in the wider public interest.

Alicia Hunter

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	54 Pages
2 ⇩	Locality Map - used during assessment	1 Page
3 ⇩	Architectural Plans - used during assessment	55 Pages
4 ⇩	Landscape Plans - used during assessment	14 Pages
5 ⇩	Site Survey - used during assessment	5 Pages
6 ⇩	Civil Plans - used during assessment	13 Pages
7 ⇩	Statement of Environmental Effects - used during assessment	59 Pages
8 ⇩	The Hills Development Control Plan (HDCP) 2012 Assessment - used during assessment	16 Pages
9 ⇩	Urban Design Report - used during assessment	12 Pages
10 ⇩	Architectural Design Report - used during assessment	43 Pages
11 ⇩	Arboricultural Impact Assessment - used during assessment	29 Pages
12 ⇩	Transport Impact Assessment - used during assessment	42 Pages
13 ⇩	Accessibility Report - used during assessment	18 Pages

REFERENCE MATERIAL

Local Planning Panel 21 June 2022 Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER 5.4

SUBJECT OUTSIDE PUBLIC MEETING:
2 O'Reilly Street, PARRAMATTA (Lot 1 Sec 30 DP 758829)

DESCRIPTION Construction of a 4 storey Boarding House containing 38 rooms and a managers room with at grade parking.

REFERENCE DA/422/2021 - D08540285

APPLICANT/S CK Design

OWNERS O'Reilly House Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 25 May 2022

REASON FOR REFERRAL TO LPP

This development application is being referred to the Parramatta Local Planning Panel as the proposal seeks a 22% variation to ‘Clause 4.3 – Height of Buildings’ of 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 4.15 Assessment Report.

Background

The subject site is known as 2 O’Reilly Street, Parramatta. The site is located within an R4 High Density Residential Zone pursuant to the Parramatta Local Environmental Plan 2011 under which boarding houses are permitted with consent. The maximum building height is 11m and the maximum floor space ratio is 0.8:1.

This application seeks approval for “Construction of a 4 storey Boarding House containing 38 rooms and a managers room with at grade car parking.”

A previous application was approved on the subject site under DA/56/2019 for “Demolition, tree removal and construction of a boarding house containing 32 boarding rooms and managers residence with basement parking.”

This proposal exhibits generally the same building envelope as already approved under the prior consent but with an extra storey, resulting in an additional 6 residential rooms, as the applicant seeks to take advantage of the bonus FSR available under SEPP (Affordable Rental Housing) 2009.

Notification

The application was notified in accordance with Council’s consolidated notification procedures. In response, 3 submissions were received. The issues raised within those submissions are as follows:

· Tree Removal;

· Boarding House Use;

· Bulk and Scale; and

· Traffic.

Assessment

The application was assessed against the relevant environmental planning instruments, including SEPP (Biodiversity and Conservation) 2021, SEPP (Transport and Infrastructure) 2021, SEPP (Resilience and Hazards) 2021, and Parramatta LEP 2011, as well as Parramatta DCP 2011. It is of note that the development application was lodged prior to SEPP (Housing) 2021, and according to Schedule 7(2)(a), the provisions of the repealed SEPP (Affordable Rental Housing) 2009 still applies.

In order to facilitate the provisions of affordable housing, the ARH SEPP allow for a bonus 0.5:1 to Floor Space Ratio. To take advantage of the bonus FSR, the development seeks a 22% variation to the Building Height development standard.

In consideration of the Clause 4.6 variation request, the following is noted:

· The proposal is consistent with the objectives of the development standard as provided in clause 4.3 of PLEP2011; and

· The height variation is a result of the bonus FSR as a result of incorporating affordable housing;

· The bulk of the variation is setback away from the edge of the building and is largely hidden from view at street level.

· The non-compliance results in a 4 storey presentation to the street, which is consistent with other existing developments in the locality, including the RFB located on the northern side of Pitt Lane; and

· The non-compliance does not create additional amenity impacts to neighbouring properties in the form of visual privacy, or overshadowing.

In this instance, Council is satisfied that the applicant’s Clause 4.6 Statement adequately addresses the matters in Clause 4.6(3) of PLEP2011. It has provided a suitable argument as to why the standard is unreasonable and unnecessary in this case and demonstrates sufficient environmental planning grounds to justify contravening the Height of Building development standard.

RECOMMENDATION

(a) That, the Parramatta Local Planning Panel, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent to DA/422/2021 for a period of five (5) years within which physical commencement is to occur from the date on the Notice of Determination, subject to conditions of consent,

(b) That, the Parramatta Local Planning Panel support the variation to Clause 4.3 of Parramatta Local Environmental Plan 2011 under the provisions of Clause 4.6 for the following reasons:

1. A written request to vary the building height has been received and is well drafted; and

2. The applicant has provided sufficient environmental planning ground to warrant departure of the building height control in the circumstances of this case.

REASON FOR APPROVAL

1. A written request to vary the building height has been received. The variation sought is minor and it will not have any adverse impacts. As such, compliance with the standard is unnecessary. Accordingly, Council believes that there are sufficient environmental planning grounds to justify the variation and finds that the application is satisfactory. Council is therefore satisfied that the Applicant’s Clause 4.6 variation request has adequately addressed the matters required to be demonstrated in Clause 4.6(3) of Parramatta LEP 2011 and that the proposed development will be the public interest because it is consistent with the objectives of the building height control and the objectives for development within the R4 zone in which the development is proposed to be carried out.

2. The development is permissible in the R4 zone and satisfies the requirements of all of the applicable planning controls.

3. The development will be compatible with the emerging and planned future character of the area.

4. For the reasons given above, approval of the application is in the public interest.

Darren Wan

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report and Draft Conditions	40 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans Used during Assessment	2 Pages
4	Internal Plans used during assessment (confidential)	8 Pages
5 ⇩	Statement of Environmental Effects (SoEE) (ISSUE A)	30 Pages
6 ⇩	Variation to Clause 4.6 (HEIGHT OF BUILDING)	16 Pages

REFERENCE MATERIAL

Local Planning Panel 21 June 2022 Item 5.5

DEVELOPMENT APPLICATION

ITEM NUMBER 5.5

SUBJECT OUTSIDE PUBLIC MEETING:
11Z Haines Avenue, CARLINGFORD (Lot 32 DP 250279)

DESCRIPTION Alterations to an existing Scout Hall with associated works for drainage and car parking

REFERENCE DA/870/2021 - D08537661

APPLICANT/S Nimbus Architecture and Heritage Pty Ltd

OWNERS City of Parramatta Council

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval, subject to conditions of consent

DATE OF REPORT 26 mAY 2022

REASON FOR REFERRAL TO LPP

The subject application relates to works proposed on an existing hall building which is a Council owned asset. Having regard to the extent of work proposed the matter is referred to the Parramatta Local Planning Panel for determination.

EXECUTIVE SUMMARY

The Site

The subject site is 11Z Haines Avenue, Carlingford. The subject site is an irregular shaped allotment with a total site area of 8,673sqm.

The subject site currently accommodates the 1^st Murray Farm Scout Hall, a single storey brick building. The site contains mature plantings and heavy landscaping, particularly at the street frontage. Vehicular access to the site is provided off Haines Avenue via a concrete driveway at the north-eastern portion of the site.

The subject site is located within an established residential area characterised by single and double storey residential dwellings. To the north, the site is adjoined by a C2 Environmental Conservation area which consists of heavy vegetation separating the site from the M2 Motorway.

The Proposal

The proposal seeks consent for alterations to the existing Scout Hall, including:

· Demolition of the existing entry landing, concrete pathway, timber posts and rail, entry steps, and concrete footpath.

· Strip and repainting of upper coloured paint system of the two external flat posts and topcoat of external doors to the existing electrical cupboard;

· Regrading of external topography to accommodate fall to align with the new concrete spoon drain; and

· Construction of new street framed walkways, steel framed ramp, concrete landing, concrete spoon drain and 8 parking bays.

Noting the property is a City of Parramatta asset, an independent assessment of the application has been carried out by Planning Ingenuity.

The site is zoned RE1 Public Recreation under Parramatta (Former The Hills) Local Environmental Plan 2012. The proposed works to an existing community facility are permissible with consent in the zone.

The application was accompanied with a Bushfire Assessment Report prepared by Bushfire Management Consultants. The report concluded that the existing building is located within the Flame Zone (BAL FZ) and recommended that the exterior of the building be upgraded with ember protection measures. The application was referred to the NSW Rural Fire Service which advised that the development if approved, should include conditions bushfire management and evacuation, asset protection zones, construction standards and access and landscaping requirements.

The application was notified and advertised to the adjoining and nearby properties from 1 October 2021 and 18 October 2021. In response, no submissions were received.

RECOMMENDATION

That the Parramatta Local Planning Panel (PLPP), exercising the functions of Council, pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, issue consent to DA/870/2021 for Alterations to an existing Scout Hall with associated works for drainage and car parking on land at 11Z Haines Avenue, CARLINGFORD (Lot 32 DP 250279).

THE REASONS FOR APPROVAL

1. The development is permissible in the RE1 Public Recreation zone pursuant to the Parramatta (former The Hills) Local Environmental Plan 2012 and satisfies the requirements of all the applicable planning controls.

2. The development will not create adverse impacts onto the locality and will be sympathetic with the existing area.

3. The proposed development is considered satisfactory in respect to bushfire protection with measures imposed to ensure the safety of the site and surrounds.

4. The proposed development will seek to provide the greater community with well-maintained public amenities.

5. For the reasons given above, approval of the application is in the public interest.

Steven Chong

Team Leader Development Assessment

Attachments:

1 ⇩	Assessment Report & Draft Conditions	31 Pages
2 ⇩	Locality Plan	1 Page
3 ⇩	Architectural Plans	8 Pages
4 ⇩	Arborist Report	55 Pages
5 ⇩	Geotechnical Report	18 Pages
6 ⇩	Stormwater Details	2 Pages
7 ⇩	Structural Plans	4 Pages
8 ⇩	Access Design Compliance Statement	6 Pages
9 ⇩	Bush Fire Assessment Report	18 Pages
10 ⇩	Statement of Environmental Effects	19 Pages

REFERENCE MATERIAL

Local Planning Panel 21 June 2022 Item 5.6

DEVELOPMENT APPLICATION

ITEM NUMBER 5.6

SUBJECT OUTSIDE PUBLIC MEETING:
574-584 Church Street, 1-7 Ferris Street and 6-12 Barney Street, NORTH PARRAMATTA (Lot 100 DP 1008491, Lot 1 DP 800654, Lot 181 DP 997700, Lot 1 DP 128020, Lot 1 DP 981422, Lot 1 DP 128037, Lot F DP 363707, Lot B DP 330106 and Lot 11 DP 583409)

DESCRIPTION Demolition, tree removal, site consolidation and the construction of a part 2 and part 3 storey motor vehicle showroom and service centre with associated signage and fencing.

REFERENCE DA/80/2021 - D08538478

APPLICANT/S Urbanesque Planning Pty Ltd

OWNERS Burbot Properties Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Deferred Commencement

DATE OF REPORT 21 June 2022

REASON FOR REFERRAL TO LPP

This application is referred to the Parramatta Local Planning Panel as a variation of greater than 10% is sought to Clause 4.3 – Building Height under the Parramatta Local Environmental Plan 2011.

EXECUTIVE SUMMARY

This is a summary of the full assessment of the application, the Section 4.15 Assessment Report.

The Site

The subject site is an amalgam of multiple sites:

· 1 Ferris Street,

· 5 Ferris Street,

· 7 Ferris Street,

· 6 Barney Street,

· 8-10 Barney Street,

· 12 Barney Street,

· 574-580 Church Street, and

· 584 Church Street.

The subject site has three street frontages to Church Street, Barney Street and Ferris Street. The site is an irregular shape and comprises a total site area of 6,387m² (or 6,088m² minus the SP2 zoned portion of the site). The site has a frontage width of 63.67m to Church Street, including the arc. The site has a 79.62m frontage to Barney Street and an 83.58m frontage to Ferris Street.

The site contains a vehicle service centre and associated facilities such as a parts shop and new car delivery spread over several lots. Most of the frontage to Church Street is occupied by a separate commercial premise, that being Bridgestone Select Tyre and Auto.

The site is zoned B6 – Enterprise Corridor, with a portion of the site adjoining Church Street being zoned SP2 – Classified Road, and subject to road widening by Transport for NSW.

The Proposal

The application proposes Demolition, tree removal, site consolidation and the construction of a part 2 and part 3 storey motor vehicle showroom and service centre with associated signage and fencing.

Assessment

In accordance with the requirements contained within Appendix 1 of Council’s Community Engagement Strategy, owners and occupiers of adjoining and surrounding properties were given notice of the application between 12 February 2021 to 5 March 2021. In response, no submissions objecting to the proposal were received.

Council’s Catchment Engineer, Landscape and Tree Management Officer, Traffic and Transport Officer, Infrastructure Officer, Property Security Assts and Services Officer and Environmental Health Officer - Waste support the development proposal, subject to appropriate conditions.

The application was referred to Transport for NSW. No objections were raised to the proposal subject to appropriate conditions.

The proposed development is generally consistent with the requirements of both Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011, with the exception of a variation to the maximum height. A written request to vary the maximum building height was received.

After consideration of the development against the relevant statutory and policy provisions, the proposal is suitable for the site and is in the public interest.

RECOMMENDATION

That, the Parramatta Local Planning Panel, exercising the functions of Council pursuant to Section 4.17 of the Environmental Planning and Assessment Act, 1979, grant deferred commencement consent to DA/80/2021 for a period of five (5) years within which physical commencement is to occur from the date on the Notice of Determination, subject to conditions of consent.

REASONS FOR APPROVAL

The development proposal has been recommended for deferred commencement approval for the following reasons:

1. A written request to vary the maximum building height has been received. The variation sought is not significant and will not have any adverse impacts. As such, compliance with the standard is unnecessary. Accordingly, Council believes that there are sufficient environmental planning grounds to justify the variations and finds that the application is satisfactory. Council is therefore satisfied that the Applicant’s Clause 4.6 variation request has adequately addressed the matters required to be demonstrated in Clause 4.6(3) of Parramatta LEP 2011 and that the proposed development will be the public interest. The proposal is consistent with the objectives of the building height control and the objectives for development within the B6 zone in which the development is proposed to be carried out,

2. The development is permissible in the B6 zone and satisfies the requirements of all of the applicable planning controls,

3. The development will be compatible with the emerging and planned future character of the area, and

4. For the reasons given above, approval of the application is in the public interest.

Sumitava Basu

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report & draft Conditions	77 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	31 Pages
4	Internal plans used during assessment (confidential)	11 Pages
5 ⇩	Statement of Environmental Effects report	33 Pages
6 ⇩	Traffic and Parking Impact Assessment report	68 Pages
7 ⇩	Acoustic Impact Assessment report	31 Pages
8 ⇩	Access Design Assessment report	41 Pages
9 ⇩	Geotechnical Investigation report	62 Pages
10 ⇩	Detailed Site Investigation report	333 Pages
11 ⇩	Remediation Action Plan	100 Pages
12 ⇩	Clause 4.6 Variation Impact Statement	10 Pages
13 ⇩	BCA compliance report	15 Pages
14 ⇩	Waste management Plan	27 Pages
15 ⇩	Interim Audit Advice report	39 Pages

REFERENCE MATERIAL

Local Planning Panel 21 June 2022 Item 6.1

INNOVATIVE

ITEM NUMBER 6.1

SUBJECT Refusal of the Planning Proposal for land at 168-176 Parramatta Road and 89-90 Cowper Street, Granville

REFERENCE F2013/01409 -

APPLICANT/S Planning Ingenuity

OWNERS JFC Developments Pty Ltd

REPORT OF Project Officer

Development applications considered by Sydney central city planning panel - Nil

PURPOSE

The purpose of the report is to seek the Parramatta Local Planning Panel’s advice to Council on a recommendation to refuse a Planning Proposal at 168-176 Parramatta Road and 89-90 Cowper Street, Granville.

RECOMMENDATION

That the Parramatta Local Planning Panel consider the following Council Officer recommendation in its advice to Council:

(a) That Council refuse the Parramatta Planning Proposal at 168-176 Parramatta Road and 89-90 Cowper Street, Granville for the following reasons:

i. The Planning Proposal is inconsistent with the height of development envisaged by the Parramatta Road Corridor Urban Transformation Strategy (PRCUTS), which sets the strategic planning framework for the precinct.

ii. The Planning Proposal is premature given that an implementation plan is required to be prepared and adopted by Council, now that the precinct-wide traffic study is complete, to ensure road network upgrades and other infrastructure requirements are agreed, funding sources secured and able to be delivered consistent with the PRCUTS.

(b) Further, that the applicant be advised of Council’s decision.

PLANNING PROPOSAL TIMELINE

OVERVIEW OF THE PLANNING PROPOSAL

1. On 16 March 2015, a Planning Proposal was lodged with Council by Planning Ingenuity to amend the planning controls applicable to 168-176 Parramatta Road and 89-90 Cowper Street, Granville, under the Parramatta Local Environment Plan 2011. An aerial view of the subject site, outlined in yellow, is shown in Figure 1. An overview of the existing and proposed controls for the Planning Proposal, as well as those proposed under the PRCUTS are detailed in Table 1. The Applicant’s Planning Proposal as originally submitted is provided at Attachment 1.

2. The subject site is located on the southern side of Parramatta Road, with the rear site boundary adjoining the western rail line. The site comprises five (5) allotments with a total site area of approximately 4,888m². The site contains buildings used for a variety of industrial and commercial uses.

Figure 1: Aerial view of the subject site at 168-176 Parramatta Road and 89-90 Cowper Street, Granville

	Parramatta Local Environment Plan 2011	Applicant’s Planning Proposal dated 6 March 2015	Applicant’s preferred Planning Proposal dated 23 June 2016	PRCUTS (no identified design excellence bonuses)
Zoning	Part B6 Enterprise Corridor and part B4 Mixed Use	Rezone the entire site to comprise B4 Mixed Use	Rezone the entire site to comprise B4 Mixed Use	B4 Mixed Use
Maximum HOB	Part 21m (R1) (6 storeys) and part 52m (Y1 – Area 1) (16 storeys) – application of Clause 4.3 2A	110m (35 storeys) including a 15% bonus subject to Design Excellence	125m (36 storeys) including a 15% bonus subject to Design Excellence	80m (25 storeys)
Maximum Floor Space Ratio (FSR)	Part 3:1 (V1) and part 6:1 (AA1 – Area 1) – application of Clause 4.4 2A	6:1 including a 15% bonus subject to Design Excellence	6:1 including a 15% bonus subject to Design Excellence	6:1

Table 1: Existing and proposed controls applying to the site at 168-176 Parramatta Road and 89-90 Cowper Street, Granville

EXISTING PLANNING CONTROLS UNDER PARRAMATTA LOCAL ENVIRONMENT PLAN 2011


Figure 2: Existing Land Use Zoning	Figure 3: Existing Height of Buildings

Figure 4: Existing FSR

3. The Planning Proposal would result in a consistent zoning, maximum building height, and FSR for the entire site on which the developer will seek to construct a mixed-use development under a future Development Application. The indicative built form submitted with the revised Planning Proposal in 2016 illustrates a part 5 and part 2 storey podium fronting Parramatta Road to accommodate commercial and retail uses on the ground and first floor, and residential development on the 3 upper levels of the podium. A 36 storey residential tower (with ground floor commercial uses) is illustrated towards the rear of the site (refer to Figure 5 and Figure 6).


Figure 5 and 6: Applicant’s preferred scheme dated 23 June 2016

COUNCIL OFFICER ASSESSMENT

4. The Applicant’s preferred scheme submitted on 23 June 2016 proposes rezoning of the entire site to B4 Mixed Use with 6:1 FSR (zoning and FSR consistent with the PRCUTS) and height of 125m (36 storeys). The proposed height is inconsistent with the PRCUTS, which specifies a maximum height of 80m at 25 storeys.

5. As outlined in the Planning and Design Guidelines that accompanies the PRCUTS, the recommended planning controls were developed having regard to the natural and built context, providing appropriate bulk, scale and density relative to the street and surrounding buildings, and to enhance the public domain. Although the final controls will be determined by a future planning proposal (be it Council-led or Proponent-initiated), the recommended planning controls in the PRCUTS provide an important strategic direction that is the result of extensive research and analysis.

6. The proposed building height at 125m represents a 64% variation to the recommended building height of 80m as identified in the PRCUTS. Council officers do not support this height as it would undermine the strategic planning framework undertaken as part of the PRCUTS. Further, noting the context of the site, which is adjacent to a local heritage item (refer to Figure 5), the proposed building height will result in adverse visual amenity impacts upon the item and public domain that is not in accordance with the objectives of the accompanying Planning and Design Guidelines.

CHRONOLOGY

7. Following lodgment of the Planning Proposal in March 2015, the Planning Proposal was referred to the relevant sections of Council for comment (including Place Services, Urban Design, Traffic Management, Contamination Management, Transport and Heritage).

8. On 23 July 2015, Council officers advised the Applicant of options to be considered in progressing the Planning Proposal. These options were prompted by advice issued by the Department of Planning and Environment (DPE) in relation to another Planning Proposal active at the time in the vicinity of the subject site where DPE recommended the Applicant withdraw to await release of the Draft Parramatta Road Urban Renewal Strategy (draft Strategy).

The three options provided to the Applicant are outlined below:

i. That Council officers pause assessment of the Planning Proposal to await the release of the draft Strategy noting that it would provide recommended planning controls for the Granville North Precinct, including the subject site. Council officers presented this option to the proponent with the intention to understand how the Planning Proposal might align with the draft Strategy.

ii. That Council officers report the Planning Proposal to the LPP that sought an FSR of 6:1 and height of 110m (approx. 35 storeys) (excluding the additional 15% bonus available under the proposed Design Excellence clause).

iii. That the Applicant amend the Planning Proposal to seek a lower height and FSR. This was requested noting the draft Strategy was yet to be released and noting DPE’s recommendation to withdraw an adjoining PP with a similar proposed FSR and height.

9. Further to the three options outlined above, the Applicant was informed that should they opt to progress assessment of either their existing scheme or an amended scheme with lower height and FSR, additional information would be required to address Council officer referral comments relating to Urban Design, Traffic Management and Public Benefit/infrastructure considerations.

10. On 24 July 2015, the Applicant advised they would pursue Option 1, requesting that Council officers pause assessment of the Planning Proposal to await the release of the draft Strategy.

11. Council officers subsequently paused the assessment and on 18 September 2015, the draft Strategy was made publicly available. Council officers acknowledged the differences between the draft Strategy and the Planning Proposal, and requested an update from the Applicant on 21 September 2015, regarding their intentions to proceed with the Planning Proposal.

12. On 9 November 2015, the Applicant advised Council that they wished to keep the Planning Proposal on hold, pending Council’s submission on the draft Strategy.

13. On 16 February 2016, Council officers provided the Applicant with a copy of Council’s submission on the draft Strategy and requested for the Applicant to provide an update on their intentions to proceed with the Planning Proposal.

14. On 23 June 2016, the Applicant provided a revised Urban Design Report containing additional information to progress assessment of the Planning Proposal. The revised Urban Design Report included three further scenarios for Council officer’s consideration (scenario 3 preferred by the Applicant). The three options are outlined below:

	Scenario 1	Scenario 2	Scenario 3 (Applicant Preferred)
No. of Towers	2 towers	1 tower	1 tower
No. of storeys	25 storeys	31 storeys	36 storeys (approximately 125m)
Maximum Tower Footprint	959sqm	1438sqm	959sqm
FSR	6:1	6:1	6:1

Table 2: Overview of three Urban Design Scenarios as outlined in the revised Urban Design Report, received by Council officers on 23 June 2016

15. The revised Urban Design Report was referred internally to Council’s Urban Design team for consideration. On 5 September 2016, Council officers issued formal comments to the Applicant, noting that the Applicant’s preferred scenario (Scenario 3) did not comply with the recommended height within the draft Strategy. Notwithstanding, Council officers requested further information to assist with the assessment of Scenario 3 and its compliance with the Apartment Design Guide and other recommendations of the draft Strategy’s Urban Design Guidelines.

16. The final Parramatta Road Corridor Urban Transformation Strategy (PRCUTS), prepared by UrbanGrowth NSW, was released in November 2016, including supporting documentation. The accompanying Parramatta Road Corridor Infrastructure Schedule recognises the infrastructure required to support population growth identified in the PRCUTS including transport, open space and community facilities. The PRCUTS stated the following: Prior to any rezoning commencing, a precinct-wide traffic study and supporting modelling is required to be completed which considers the recommended land use and densities, as well as future Westconnex conditions, and identifies the necessary road improvements and upgrades required to be delivered as part of any proposed renewal in the Precinct.

17. On 23 February 2017, Council officers notified the Applicant of the requirement for a precinct-wide traffic study and supporting modelling to be submitted prior to any rezoning commencing. Council officers noted that a precinct-wide traffic study in Granville with supporting modelling was required to manage the cumulative impact of the proposed growth envisaged under the PRCUTS. The study would identify any potential road and intersection improvements required to support this growth, and furthermore identify any land required to deliver these improvements.

18. On 27 February 2017, an updated Urban Design Report, in conjunction with updated reference scheme and a Planning Proposal Cover Letter outlining the Applicant’s willingness to enter into a Voluntary Planning Agreement to support the Planning Proposal was received. The Applicant’s most recent updated Urban Design Report is provided at Attachment 2 and updated reference scheme at Attachment 3 (note: the updated Urban Design Report contained additional information following finalisaiton of the PRCUTS and the Applicant’s preferred scenario remained unchanged). The Applicant’s preferred scenario outlined in the updated Urban Design Report remained inconsistent with the recommended height outlined within the draft Strategy.

19. The Planning Proposal remained inactive from September 2017 until April 2022, primarily due to the preparation of a precinct-wide traffic and transport study (prepared by consultants on behalf of DPE, City of Parramatta and Cumberland Councils) that was required to ensure the proposed land use changes contained within the Auburn-Granville section of the PRCUTS can be achieved.

20. On 17 February 2022, the DPE provided Council officers with the Granville and Auburn Transport Study (2022) prepared by GTA Consultants / Stantech (Stantech study), and on 8 April 2022 the Phase 2 Rapid Intersection Assessment – Traffic Intervention Development Report (2022) prepared by Turnbull Engineering (Turnbull study). The Stantech study focused primarily on public transport and active transport initiatives and the Turnbull study focused on four intersection interventions for Granville. Council officers are currently reviewing the studies in light of identified infrastructure requirements.

21. On 19 April 2022, Council officers notified the Applicant that the completed precinct-wide traffic study was in the process of being reviewed by officers. The Applicant was advised that progressing the Planning Proposal is not recommended until the implications of the precinct-wide traffic study are fully understood and Council’s implementation plan is finalised to enable the feasible delivery of the required infrastructure to ensure the proposed land use changes contained within the PRCUTS can be achieved. As the Planning Proposal had remained inactive since September 2017, and due to the lack of an implementation plan, Council officers requested that the Applicant withdraw the Planning Proposal and advised that should it not be withdrawn it would be reported to the Local Planning Panel seeking refusal.

22. On 10 May 2022, the Applicant requested that Council officers defer reporting the Planning Proposal for at least one month to provide an opportunity for them to consider implications of the final precinct-wide traffic study. However, no further information has been submitted by the Applicant to this point nor have they indicated that they wish to withdraw the Planning Proposal.

23. On 13 May 2022, Council officers advised the Applicant that notwithstanding finalisation of the traffic study, Council officers are not in a position to recommend that the land use changes proposed in PRCUTS commence for this site or the precinct until Council prepares an implementation plan to ensure road network upgrades and other required infrastructure are agreed and are able to be delivered and funded. This work has yet to be undertaken and Council officers are in the process of determining the scope of this exercise.

CONCLUSION

24. Based upon the Planning Proposal’s inconsistency with the PRCUTS with regards to recommended building height, and the need for an implementation plan to be undertaken to determine how the PRCUTS Strategy can be feasibly delivered, it is recommended that the Planning Proposal be refused. If a Planning Proposal is not capable of being finalised within a reasonable timeframe, it is appropriate that it be withdrawn, or the assessment process be concluded. In the case of this Planning Proposal, it is considered that a further delay of potentially up to 12 months is required for the completion of an implementation plan that would enable a proper assessment to the Planning Proposal to proceed. Therefore, it is appropriate that this current Planning Proposal be determined.

25. The implementation plan will also address whether identified changes to the planning controls in the PRCUTS can be delivered via a Council-led Precinct wide rezoning or via proponent initiated site-specific planning proposals. This will provide the Applicant and any other property owner in the Precinct more certainty as to how the PRCUTS will ultimately be realised.

FINANCIAL IMPLICATIONS FOR COUNCIL

26. There are no direct financial implications for Council as a result of the recommendations in this report.

Grace Haydon

Project Officer

Michael Rogers

Land Use Planning Manager

Jennifer Concato

Executive Director City Planning and Design

Attachments:

1 ⇩	Attachment 1 - The Applicant’s Planning Proposal as originally submitted on 16 March 2015	40 Pages
2 ⇩	Attachment 2 - The Applicant’s updated Urban Design Report submitted on 27 February 2017	47 Pages
3 ⇩	Attachment 3 - The Applicant's updated Reference Scheme submitted on 27 Feb 2017	13 Pages

REFERENCE MATERIAL