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DETERMINATION
(a) 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 variation sought is
not significant and wll 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
request has adequately addressed that 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 not inconsistent with the objectives
for the development within the B6 zone in which the development is proposed
to be carried out. The applicant has provided sufficient environmental
planning ground to warrant departure of the building height control in the
circumstances of this case.
(b) Further, that
the Parramatta Local Planning Panel, exercising the functions of Council
pursuant to Section 4.16(4) 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
contained in Attachment 1, noting the following changes to the following
conditions:
·
Deletion of the Deferred
Commencement conditions
·
Replace Condition No 5
with the following “Trees to be retained are: Tree No. Name Common Name
Location Tree Protection Zone (m)* 7-12 Lagerstroemia indica Crepe Myrtle
Barney Street verge 2m Reason: To protect significant trees which contribute
to the landscape character of the area. *Refer to Arboricultural Impact
Assessment Report by Arboreport for individual TPZ dimensions.”
·
Condition No 10 becomes
Condition No 10(a)
·
Creation of an additional
condition, being, Condition 10(b), as follows:
10(b) Submission to Council of suitable
documentary evidence issued by NSW Land Registry Services, prior to the
release of any construction certificate, confirming the creation of an
appropriately wide easement over the proposed 900mm stormwater pipe in favour
of Council to drain water burdening the subject lot known as 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).
a.
The easement must be
appropriately wide to accommodate:
i.
The relocated and upsized
Council stormwater pipe; and
ii.
Overland flow in a 1% AEP
storm event.
b.
Calculations shall be
submitted demonstrating that the easement is appropriately sized to
accommodate the overland flow referenced in Condition 1.a.ii.
·
Replace Condition No 15
with the following “A ‘shelter in place’ refuge facility
shall be provided on the first floor at or above the PMF level and must be
maintained in perpetuity. This flood refuge facility shall be accessible by
stairs from all levels, must be of sufficient size to accommodate occupants
and visitors to the building and must be equipped with appropriate
provisions, facilities and services for people to remain in safety and
reasonable comfort there for the duration of severe floods and for some time
afterwards. Such facilities must include permanent fresh drinking water
supply, bathrooms and toilets, flashlights, radio, food and essential
provisions and furnishings. The design and equipping of this facility shall
be planned in accordance with Council, the SES and NSW Health Guidelines.
Details of this facility, its equipment and provisions shall be submitted as
part of the Flood Emergency Response Plan for approval by Council’s
Group Manager DTSU prior to release of any Construction Certificate. The
‘shelter in place’ refuge facility can be a dual-purpose space
and not a designated empty room. Reason: Flood safety”
·
Replace Condition No 44
with the following “The final Landscape Plan must be consistent with
plans numbered L-01 to L-03, rev B dated 26.10.2020, prepared by Ecodesign
together with any additional criteria required by the Development Consent to
the satisfaction of the Certifying Authority addressing the following
requirements: (a) Ensure landscape plans are coordinated with latest
Stormwater Management Plans and Architectural lower ground and ground floor
plans. (b) Tristaniopsis laurina ‘Luscious’ (Tll) on southern side
to be relocated away from substation and repositioned at the north-eastern
end of carparking bay adjacent to driveway entrance / exit. Planting below to
be adjusted accordingly. Page 5 of 7 (c) Tristaniopsis laurina
‘Luscious’ tree rootball size to increase to 100L. Tree planting
detail to be updated accordingly. (d) Update the proposed plant schedule to
include the above changes, including the street tree sizes as per condition
LA003. € The location of all proposed overhead and underground service
lines shall be clear of the dripline of existing trees and the dripline of
proposed trees shall be clear of all existing overhead and underground
service lines. Reason: To ensure restoration of environmental amenity.”
·
Delete Condition No 45.
·
Replace Condition No 60
with the following “If the basement cannot be drained by gravity a
basement pump-out system shall be designed and installed as flows to the
satisfaction of the PCA: (a) A holding tank capable of storing the run-off
from a 100 year ARI (average reoccurrence interval) - 2 hour duration storm
event, allowing for pump failure. (b) A two pump system (on an alternate
basis) capable of emptying the holding tank at a rate equal to the lower of:
(i) The permissible site discharge (PSD) rate; or Page 6 of 7 (ii) The rate
of inflow for the one hour, 5 year ARI storm event. (c) An alarm system
comprising of basement pump-out failure warning sign together with a flashing
strobe light and siren installed at a clearly visible location at the
entrance to the basement in case of pump failure. (d) A 100 mm freeboard to
all parking spaces. (e) Submission of full hydraulic details and pump
manufacturers specifications. (f) Pump out system to be connected to a
stilling pit and gravity line before discharge to the street gutter. Plans
and design calculations along with certification from the designer indicating
that the design complies with the above requirements are to be submitted to
the satisfaction of the Principal Certifying Authority prior to issue of the
Construction Certificate. Reason: To ensure satisfactory storm water
disposal.”
·
Delete Condition No 74 and
replace with the following “The required Tree Protection Zones (TPZ)
are to be established and in place prior to any works commencing according to
the schedule below. The area is to be enclosed with protective fencing
consisting of 1.8m high fully supported chainmesh. The area enclosed is to be
a designated “No-Go Zone” and is to be kept weed free for the
entire duration of works. “Tree Protection Zone’ signage is to be
attached to protective fencing; this must include the name and contact
details of the Project Arborist. Tree No. Species Common Name Location
Location of fence Page 7 of 7 7, 8 9 10 Lagerstroe mia indica Crepe Myrtle
Barney Street 2m eitherside of trunks, along edge of footpath and back of
kerb. Reason: To protect the trees to be retained on the site during construction
works.”
·
Delete Condition No 97 and
replace with the following “Trees to be removed are: Tree No. Species
Common Name Location 1 Corymbia maculata Spotted Gum Church Street verge 2
Angophora floribunda Rough-barked Apple Western boundary (Church St side) 3
Corymbia maculata Spotted Gum Church Street verge 4 Corymbia maculata Spotted
Gum Church Street verge 5 Angophora floribunda Rough-barked Apple Western
boundary (Church St side) 6 Lagerstroemia indica Crepe Mrytle Barney Street
verge 11 Lagerstroemia indica Crepe Mrytle Barney Street verge Reason: To
facilitate development.”
REASONS FOR APPROVAL
1. The request to
vary the building height development standard is considered well justified.
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.
The Panel decision was
UNANIMOUS.
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