Agenda of Local Planning Panel - Tuesday, 19 July 2022

Local Planning Panel 19 July 2022 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT PUBLIC MEETING:
49A-51 Norfolk Road, EPPING (Lot 2 DP 215388, Lot 14 DP 1104495)

DESCRIPTION Demolition of existing structures on 49A Norfolk Road, retention of dwelling on 51 Norfolk Road, tree removal and Torrens Title subdivision of two lots into three lots.

REFERENCE DA/1113/2021 - D08588114

APPLICANT/S Brooke Minto

OWNERS Eduard & Alice Jo

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 30 June 2022

REASON FOR REFERRAL TO LPP

This item is referred to the Parramatta Local Planning Panel as the application received more than ten (10) unique submissions during the notification periods.

EXECUTIVE SUMMARY

This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 4.15 Assessment Report.

Site Context

The subject development site comprises two (2) lots known as No.49A and No.51 Norfolk Road, Epping. The existing lots comprise of a battle-axe and rectangular mid-block shaped respectively with a slope from the front to the rear.

The site is zoned R2 Low Density Residential zone under Hornsby Local Environmental Plan 2013. The proposed works are for subdivision which is permissible with consent pursuant to Clause 2.6 of the Hornsby Local Environmental Plan 2013.

The development site is located within the East Epping Heritage Conservation Area which is characterised with single detached houses from the Federation, Inter-war and Post-war periods. Adjoining the subject site to the east and west are single storey residential dwellings.

Proposed Development

The proposed development involves the demolition of existing structures at No.49A Norfolk Road, retention of dwelling at No.51 Norfolk Road, tree removal and Torrens Title subdivision of two (2) lots into three (3) lots.

The application was notified in accordance with Council’s consolidated notification procedures. In response, 14 unique submissions were received. The proposal was amended during the assessment period and re-advertised. In response, 2 unique submissions were received during the re-notification periods. The key issues raised in the submissions comprised the following:

· Minimum lot size;

· Overdevelopment of future dwellings;

· Negative impacts to the character of the East Epping Heritage Conservation Area;

· Privacy and noise impacts;

· Consent for easement;

· Removal of trees;

· Traffic;

· Height of future dwellings; and

· Damage to existing pool and other structures

The issues have been considered in the assessment of the proposed development and do no warrant refusal of the subject application.

Assessment

The application was assessed having regard to State Environmental Planning Policy (Resilience and Hazards) 2021, State Environmental Planning Policy (Biodiversity and Conversation) 2021, State Environmental Planning Policy (Transport and Infrastructure) 2021, the Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2013. The proposal was found to be consistent with the provisions of the above instruments.

After consideration of the development against Section 4.15 of the Environmental Planning and Assessment Act 1979, and the relevant statutory and policy provisions, and the issues raised in the submissions, the proposal is suitable for the site and is in the public interest.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel (PLPP), exercising the functions of Council pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent to DA/1113/2021 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 the submitters be advised of the Panel’s decision.

REASONS FOR APPROVAL:

1. The development is permissible in the R2 Low Density Residential zone and generally satisfies the requirements of the applicable planning provisions.

2. The development will be consistent with the emerging and planned future character of the Epping locality and would not adversely impact on the heritage character of the East Epping Heritage Conservation Area.

3. The development will not significantly impact the traffic conditions of the local traffic network.

4. The issues raised in the submissions which have been considered and on balance and do not warrant refusal of the application.

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

William Wolter

Development Assessment

Attachments:

1 ⇩	Assessment Report & draft Conditions	31 Pages
2 ⇩	Locality map	1 Page
3 ⇩	Plans used during assessment	2 Pages
4 ⇩	Stormwater Plans used during assessment	8 Pages
5 ⇩	Specialist Reports	48 Pages

REFERENCE MATERIAL

Local Planning Panel 19 July 2022 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT PUBLIC MEETING:
28 Glebe Street, PARRAMATTA (Lot 16 DP 554691)

DESCRIPTION Site preparation including demolition works and removal of four (4) existing trees and construction of a new four (4) storey Residential Care Facility.

REFERENCE DA/460/2021 - D08570511

APPLICANT/S Allity co/ Midson

OWNERS Australian AC Partners Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 28 June 2022

REASON FOR REFERRAL TO LPP

This application is reported to the Parramatta Local Planning Panel for determination as the proposed development proposal exceeds the maximum permissible building height by 3.24m which is a 29% variation to the development standard. In addition, more than ten (10) unique submissions have been received.

EXECUTIVE SUMMARY

The Site

The subject site is legally described as Lot 16 DP 554691 and commonly known as 28 Glebe Street, Parramatta and has an approximate area of 3,485.7m².

The lot currently comprises the Brentwood Aged Care Facility with vehicular access provided off Glebe Street to an at-grade car park in the front and side setbacks. The site is located on gently sloping land, falling from the Great Western Highway toward Glebe Street.

The site has a street frontage of approximately 51m to Glebe Street and is oriented south towards Glebe Street and Ollie Webb Reserve.

The site is located south of the Parramatta CBD (approximately 1km). It is located within a mixed density area comprising of low to high density residential development. The site is also located west of Church Street that accommodates the Church Street “Auto Alley”. The site sits directly opposite the Ollie Webb Reserve.

The Proposal

Development Application DA/460/2021 was lodged on 2 June 2021 for the demolition of existing structures, tree removal and construction of a four (4) storey residential care facility (Seniors Housing) on land at 28 Glebe Street, Parramatta. Associated civil engineering, earthworks and landscaping is also proposed.

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 R4 High 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/460/2021 was lodged with Council on 2 June 2021. Therefore, this application is subject to the Seniors SEPP 2004.

Assessment Summary

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

The proposed development is appropriately located within the locality and some variations (as detailed in this report) in relation to the SEPP (Seniors) and Parramatta LEP 2011 are sought. The request to vary the height standard is considered to be well founded for reasons including, but not limited to, the constraints imposed by the site and the desirability of providing varying forms of seniors housing in the area.

Having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is recommended Development Application No. DA/460/2021 be approved.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, approve development consent to DA/460/2021 for the demolition of existing structures, tree removal and construction of a four (4) storey residential care facility (Seniors Housing) on land at 28 Glebe Street, Parramatta, subject to conditions of consent.

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

REASONS FOR APPROVAL

1. The development is permissible in the R4 zone pursuant to the Parramatta Local Environmental 2011 and State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 and satisfies the requirements of all applicable planning standards controls.

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

3. The development will provide housing and employment that accommodates the needs of the existing and future residents, workers and visitors of Parramatta.

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

Alicia Hunter

Senior Development Assessment Officer

Sarah Irani

Team Leader Development Support

Attachments:

1 ⇩	Assessment Report & draft Conditions	55 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Architectural Plans used during assessment	41 Pages
4 ⇩	Landscape Plans used during assessment	8 Pages
5 ⇩	Site Survey used during assessment	3 Pages
6 ⇩	Civil Plans used during assessment	6 Pages
7 ⇩	Statement of Environment Effects used during assessment	48 Pages
8 ⇩	Parramatta DCP Assessment used during assessment	5 Pages
9 ⇩	Clause 4.6 - Building Height used during assessment	17 Pages
10 ⇩	Clause 4.6 – FSR used during assessment	15 Pages
11 ⇩	Acoustic Report used during assessment	36 Pages
12 ⇩	BCA Report used during assessment	33 Pages
13 ⇩	Contamination Report used during assessment	26 Pages
14 ⇩	Urban Report used during assessment	24 Pages
15 ⇩	Arboricultural Impact Assessment used during assessment	38 Pages
16 ⇩	The Transport Impact Assessment used during assessment	30 Pages
17 ⇩	The Accessibility Report used during assessment	15 Pages
18 ⇩	Heritage Impact Assessment used during assessment	32 Pages
19 ⇩	Flood Impact Assessment used during assessment	45 Pages
20 ⇩	Geotechnical Report used during assessment	38 Pages
21 ⇩	Operational Plan of Management used during assessment	4 Pages

REFERENCE MATERIAL

Local Planning Panel 19 July 2022 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT PUBLIC MEETING:
331-333 Kissing Point Road, DUNDAS (Lot 1, DP 128435)

DESCRIPTION Demolition of existing structures , tree removal and construction of a 2 storey, 90 place child care centre with basement carparking, earthworks and associated signage.

REFERENCE DA/619/2021 - D08588953

APPLICANT/S Montessori Academy Group Developments Pty Ltd

OWNERS CCA Investments - Glenwood Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Deferred commencement approval

DATE OF REPORT 28 June 2022

REASON FOR REFERRAL TO LPP

The proposal is being referred to the Parramatta Local Planning Panel because it received 30 unique submissions during the notification period.

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 331-333 Kissing Point Road, Dundas. The site is located within an R2 Low Density Residential Zone pursuant to Parramatta Local Environmental Plan 2011 under which Centre-Based Child Care Centres are permissible on the site and in the surrounding locality. The maximum building height is 9m and the maximum floor space ratio is 0.5:1.

The application seeks approval for ‘demolition of existing structures, tree removal and construction of a 2 storey, 90 place child care centre with basement carparking, earthworks and associated signage.

Notification

The application was notified in accordance with Council’s consolidated notification procedures. In response, 30 submissions were received. The issues raised within those submissions are as follows:

· Bulk, Scale, and Size of the Development/Overshadowing;

· Proximity to existing Child Care Centres;

· Impact on Traffic, Parking, and the Surrounding Road Networks;

· Lack of Community Consultation/Developer was rude;

· Noise Impacts from the Centre;

· Plan of Management Insufficient/Missing Reports;

· Non-Compliances with the DCP Controls;

· Tree Removal;

· Loss of Value of Surrounding Properties;

· Water Damage/Flooding;

· Height of Acoustic Fencing/Extent of Fill in Rear/Overlooking Issues.

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, the Childcare Planning Guidelines 2017 and the National Regulations.

It is of note that the proposal is generally compliant with the relevant planning provisions applicable to the development, except for solar access. By virtue of the east-west orientation of the subject site, the proposed development will overshadow the private open space of two properties located to the south during the Winter solstice.

Amended plans had been provided by the applicant that lowered the overall height of the building but did not eliminate the overshadowing. It was considered unreasonable to further limit the development of a compliant building on the subject site.

Further, during the assessment of the application the proposal was referred to the following Council Officer’s for comment:

· Development Engineer;

· Landscape Officer;

· Traffic and Transport Officer; and

· Environmental Health Officer (Acoustic, Food, Contamination and Waste).

As well as the following external agencies for comment:

· Endeavour Energy; and

· Design Excellence Advisory Panel.

No objections were raised by any of the officers or external agencies, subject to the imposition of relevant conditions of consent.

RECOMMENDATION

(a) That, pursuant to s4.16 of the Environmental Planning and Assessment Act 1979, the Parramatta Local Planning Panel grant deferred commencement development consent to DA/619/2021 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 the submitters be advised of the Panel’s decision.

REASONS FOR APPROVAL

1. The development is permissible in the R2 zone.

2. The proposal complies with the applicable planning controls, including the Building Height, Floor Space Ratio, building setbacks, and Childcare Planning Guidelines and Regulations.

3. The design of the development was considered satisfactory by a Design Excellence Advisory Panel.

4. A merit assessment of the proposal was undertaken, and Council Officers are satisfied that the development will not create unreasonable adverse impacts on the locality.

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

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

Darren Wan

Senior Development Assessment Officer

Sarah Irani

Team Leader Development Support

Attachments:

1 ⇩	Assessment Report and draft Deferred Commencement Conditions	60 Pages
2 ⇩	Locality Plan	1 Page
3 ⇩	Plans used for assessment	9 Pages

REFERENCE MATERIAL

Local Planning Panel 19 July 2022 Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER 5.4

SUBJECT PUBLIC MEETING:
21 Bellevue Street, NORTH PARRAMATTA (Lot 16 DP 5211)

DESCRIPTION Demolition, tree removal and construction of a two storey Child Care Centre for 52 children with associated basement parking.

REFERENCE DA/1123/2021 - D08577898

APPLICANT/S Tarun Chadha

OWNERS Atulkumar & Mohini Patel

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Deferred Commencement Consent

DATE OF REPORT

REASON FOR REFERRAL TO LPP

This item is referred to the Parramatta Local Planning Panel as the application received more than ten (10) unique submissions during the notification periods.

EXECUTIVE SUMMARY

This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 4.15 Assessment Report.

Site Context

The subject site is known as 21 Bellevue Street, North Parramatta. The current property description is Lot 16 DP 5211. The site is a rectangular mid-block allotment and has a slope from the front to the rear boundary of approximately 2 metres over a distance of 60.6 metres.

The site is zoned R2 Low Density Residential zone under Parramatta Local Environmental Plan 2011. The proposed works are defined as a ‘centre-based child care facility’, which is permissible with consent within the R2 Low Density Residential zone.

The subject site currently accommodates a single storey residential dwelling and a rear shed. 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 east and west are single storey residential dwellings.

Proposed Development

The proposed development includes the following components:

· Demolition of existing structures;

· Tree Removal; and

· Construction of a two storey Child care Centre for 52 children with basement parking comprising of 13 car parking spaces.

The application was notified in accordance with Council’s consolidated notification procedures. In response, 16 unique submissions were received. The proposal was amended during the assessment period in which the application was re-advertised to indicate a reduction in children numbers. In response, 18 unique submissions were received. The issues raised all submissions comprised the following:

· Traffic/parking/safety;

· Vehicle maneuverability and drop off area;

· Privacy impacts;

· Acoustic impacts;

· Bulk & scale;

· Tree removal;

· Proximity of existing child care centres;

· Number of children considered excessive;

· Overshadowing impacts;

· Operational management plan not being clear with respect to the number of staff compared to children;

· Validity of Traffic Report; and

· The proposal does not meet the percentage of children required between 2 years and under.

The issues have been considered in the assessment of the proposed development and do no warrant refusal of the subject application.

Assessment

The application was assessed having regard to the applicable the relevant environmental planning instruments, including SEPP (Resilience and Hazards) 2021, SEPP (Biodiversity and Conversation) 2021, SEPP (Transport and Infrastructure) 2021, the Parramatta Local Environmental Plan 2011 and the Parramatta Development Control Plan 2011. The proposal was found to be consistent with the provisions of the above instruments.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel (PLPP), exercising the functions of Council pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979 grant deferred commencement development consent to DA/30/2021 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 the submitters be advised of the Panel’s decision.

REASONS FOR DEFERRED COMMENCEMENT

1. To facilitate the orderly implementation of the objectives of the Environmental Planning and Assessment Act 1979 and the aims and objectives of the relevant Environmental Planning Instruments.

2. To ensure that the local amenity is maintained and is not adversely affected and that adequate safeguards are incorporated into the development.

3. To ensure the development does not hinder the proper and orderly development of the subject land and its surrounds.

4. To ensure the relevant matters for consideration under Section 4.15 of Environmental Planning and Assessment Act 1979 are maintained.

William Wolter

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report & Draft Conditions	56 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	12 Pages
4 ⇩	Stormwater Plans used during assessment	10 Pages
5 ⇩	Specialist Reports	208 Pages

REFERENCE MATERIAL

Local Planning Panel 19 July 2022 Item 5.5

DEVELOPMENT APPLICATION

ITEM NUMBER 5.5

SUBJECT OUTSIDE PUBLIC MEETING:
5 Buller Street, NORTH PARRAMATTA (Lot 1 DP 178742)

DESCRIPTION Section 8.3 Review of the Determination of DA/100/2021 for demolition of existing structures, removal of six (6) trees and construction of a three-storey boarding house with 18 single occupancy rooms pursuant to the SEPP (Affordable Rental Housing) 2009 with modified at-grade car parking for eight (8) vehicles and associated earthworks and landscaping. The Review application is for a new generation boarding house containing 14 suites.

REFERENCE DA/100/2021 - D08570526

APPLICANT/S Think Planners

OWNERS Electric Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT

REASON FOR REFERRAL TO LPP

The application was previously refused by the Panel, and therefore, in accordance with s8.3 of the Environmental Planning and Assessment Act 1979, the review of the determination is to be conducted by the panel.

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 subject site is legally known as Lot 1 in DP 178742, 5 Buller Street, North Parramatta. The site is rectangular in shape, with a 16.23m frontage to Buller Street and a frontage of 40.03m to Grose Street. The site area has a total area of 651.30m² and has a cross fall of approximately 1.16m from the front south-eastern corner (Buller Street) to the north-west corner (Grose Street).

Currently, the site is occupied by a single storey dwelling house and associated structures. Vehicle access is achieved via both Buller Street and Grose Street. Mature planting exists throughout the site.

The surrounding locality is primarily zoned R2 Low and R3 Medium Density Residential zoning, as well as IN1 General Industrial. The site is surrounded by detached style single and two storey dwelling and dual occupancy houses to the south, multi dwelling housing to the west and industrial uses to the east.

The Proposal

A Section 8.3 Review of the Determination of DA/100/2021 was lodged on 6 May 2022. Development Application DA/100/2021 sought consent for the demolition of existing structures, removal of six (6) trees and construction of a three-storey boarding house with 18 single occupancy rooms pursuant to the SEPP (Affordable Rental Housing) 2009 with modified at-grade car parking for eight (8) vehicles and associated earthworks and landscaping on land at 5 Buller Street, North Parramatta.

Note: This Review application is for a new generation boarding house containing 14 single occupancy boarding rooms.

The application is the subject to a Class 1 Appeal through the NSW Land and Environment Court filed on 16 June 2022.

The site is located on land zoned R3 Medium Density Residential under the Parramatta Local Environmental Plan 2011 (LEP 2011). The site does not contain any heritage items and is not mapped as containing any areas of biodiversity or bushfire prone land under the PLEP 2011.

This review application is made pursuant to State Environmental Planning Policy (Affordable Rental Housing 2009) (ARH SEPP), which permits development for the purposes of boarding houses on land within the R3 Medium Density Residential. The following is noted:

The ARH SEPP 2009 was repealed on 25 November 2021 and replaced with the Housing State Environmental Planning Policy 2021 (Housing SEPP 2021). The Housing SEPP 2021 contains a Savings and Transitional Provision to deal with development applications that were still under assessment when the SEPP Affordable Rental Housing 2009 was repealed. The following section of schedule 7 is with reference to development applications:

2. The former provisions of a repealed instrument continue to apply to the following—

(a) a development application made, but not yet determined, on or before the commencement date

Council’s position remains that where a development application was determined prior to the commencement date of the Housing SEPP 2021 and the review was lodged after the commencement date of the Housing SEPP 2021, the assessment is to be carried out under the requirements of Housing SEPP 2021, and not SEPP Affordable Rental Housing SEPP 2009.

Therefore, an assessment has been undertaken against the applicable provisions of the Housing SEPP 2021 and not against the ARH SEPP 2009.

Assessment Summary

The proposal is not considered to be consistent with the requirements of the the State Environmental Planning Policy (Housing 2021), the Parramatta Local Environmental Plan 2011 (PLEP 2011), as well as with key development controls contained within the Parramatta Development Control Plan 2011.

Having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act, it is recommended Development Application No. DA/100/2021 be refused.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, refuse development consent to DA/100/2021 for the for the demolition of existing structures, removal of six (6) trees and construction of a three-storey boarding house with 14 single occupancy rooms pursuant to the SEPP (Affordable Rental Housing) 2009 with modified at-grade car parking for eight (8) vehicles and associated earthworks and landscaping on land at 5 Buller Street, North Parramatta.

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

REASONS FOR REFUSAL

1. State Environmental Planning Policy (Housing 2021)

a) Clause 26: Must be affordable housing in perpetuity. The proposed development does not satisfy the definition for a boarding house under the SEPP Housing since it is not on behalf of the Land and Housing Corporation or managed by a registered community housing provider, as such, development consent cannot be granted.

b) Clause 67: Co-living housing may be carried out on certain land with consent. Co-living housing, residential flat buildings or shop top housing are all prohibited in an R3 Medium Density Residential Zone under the Parramatta Local Environmental Plan 2011.

2. Parramatta Local Environmental Plan 2011

a) Clause 1.2(e) ‘Aims of Plan’: The revised development does not contribute towards the orderly and sustainable development of Parramatta and the increase in density does not minimise risk to the community in areas subject to environmental hazards (i.e. flooding), by restricting development in sensitive areas.

b) Clause 5.21: The revised development does not minimise the flood risk to life and property associated with the use of land.

3. Parramatta Development Control Plan 2011

a) Section 2.12.2: Water Management. The revised development does not minimise the flood risk to life and property associated with the use of land.

b) Section 3.1.3: Preliminary Building Envelopes. Inadequate side setbacks and insufficient deep soil zones are proposed.

c) Section 3.3.1: Landscaping. Sufficient deep soil landscaping has not been achieved.

d) Section 3.3.5: Solar Access and Cross Ventilation. Solar access to adjoining and surrounding properties will be negatively affected by the proposal.

e) Section 3.3.6: Water Sensitive Urban Design. It has not been demonstrated that the disturbance and impacts on adjoining properties will be minimised.

f) Section 3.4.2: Access for persons with Disabilities. The revised proposal does not demonstrate compliance with this section of the PDCP 2011.

4. Insufficient information

a) The public domain details provided by the applicant does not provide adequate street tree planting and footpath details as required under Section 2.12.8 of the PDCP 2011.

5. The Public Interest

a) The unreasonable exposure of additional residents to potentially hazardous flooding is not in the public interest.

Alicia Hunter

Senior Development Assessment Officer

Sarah Irani

Team Leader Development Support

Attachments:

1 ⇩	Assessment report	39 Pages
2 ⇩	Locality Plan	1 Page
3 ⇩	Architectural Plans used during assessment	24 Pages
4 ⇩	Landscape Plans used during assessment	2 Pages
5 ⇩	Site Survey used during assessment	1 Page
6 ⇩	Civil Plans used during assessment	3 Pages
7 ⇩	Statement of Environmental Effects used during assessment	80 Pages
8 ⇩	Acoustic Report used during assessment	47 Pages
9 ⇩	BCA Report used during assessment	53 Pages
10 ⇩	Flood Impact Assessment used during assessment	32 Pages
11 ⇩	Accessibility Report used during assessment	38 Pages
12 ⇩	Plan of Management used during assessment	17 Pages
13 ⇩	The Basix Certificate used during assessment	14 Pages
14 ⇩	The Social Impact Assessment – Part 1 used during assessment	3 Pages
15 ⇩	The Social Impact Assessment – Part 2 used during assessment	84 Pages

REFERENCE MATERIAL

Item 5.5 - Attachment 7

Statement of Environmental Effects used during assessment

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Local Planning Panel 19 July 2022 Item 5.6

DEVELOPMENT APPLICATION

ITEM NUMBER 5.6

SUBJECT OUTSIDE PUBLIC MEETING:
71-73 Thomas Street, PARRAMATTA (Lots 14 and 15, DP 9551)

DESCRIPTION Demolition of existing dwellings and construction of new boarding house development with basement parking and associated landscaping.

REFERENCE DA/1036/2021 - D08560380

APPLICANT/S Mr K Vourtzoumis

OWNERS Ausino Investments No 2 Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 8 June 2022

REASON FOR REFERRAL TO LPP

The application is referred to the Parramatta Local Planning Panel as the proposal seeks a variation to the applicable building height to the site in excess of 10%

EXECUTIVE SUMMARY

This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 4.15 Assessment Report.

Site and Proposal

The proposed development includes the following components:

· Demolition of the existing structures;

· Removal of ten (10) trees;

· Construction of a 3-5 storey boarding house development containing seventy-two (72) boarding rooms, communal rooms, communal open space & basement parking.

The site is zoned R4 High Density Residential under the Parramatta Local Environmental Plan 2011. The proposed works are permissible with consent in the zone.

Contextually, the site is located within an R4 High Density Residential zone characterised by low rise legacy developments. To the south of the subject site lies several high-rise mixed use and residential flat building developments. The site precinct to the south features a mix of R4 High Density Residential zones as well as a small portion of the area zoned as B4 Mixed Use. It is notable that the area to the south of the subject site is topographically on the low side of the land.

Notification

The application was notified in accordance with Council’s consolidated notification procedures. In response, eight (8) submissions were received. The issues raised within those submissions comprise the following:

· Use of the site as a boarding house;

· Height of building;

· Traffic;

· Inconsistent Setbacks;

· Inconsistency with the existing developments within the locality;

· Rubbish and dumping;

· Inadequate greenspaces;

· Influx of residents into Parramatta CBD;

The issues raised in the submissions reiterate Council’s own concerns in the proposed development.

Assessment

The proposal includes variations to two development standards:

LEP 2011

Control

Proposed

Variation

Cl 4.3 Height

11m

14.75m

34%

Cl 4.4 FSR

1.31:1*

*bonus allowed under SEPP(ARH) 2009

1.54:1

It is considered that the application also fails to address key issues related to traffic and parking management, with the additional domiciles brought on by the variation to height only serving to increase the issues with traffic management both into and exiting the site.

The additional increase to density and scale brought by the non-compliant building height and FSR would serve to weaken the transition in building types from the R2 low density residential zone to the North and the B4 Mixed use precinct to the South.

The objectives of the building height standard seek to introduce numerical standards for the suitable transition in building height amongst zones and precincts with reference to objectives (a),(b)&(e) of Clause 4.3 of the Parramatta Local Environmental Plan 2011. The proposed development fails to produce a quality development outcome that adheres to the existing and envisaged building heights within the Thomas Street locality.

Furthermore, the proposal fails to produce sufficient Deep Soil and Landscape areas pursuant to the Parramatta Development Control Plan 2011. With consideration to the departures under Clause 4.3 & 4.4, the proposal demonstrates an excessive building form.

In the interest of design excellence, the application was referred to the Design Excellence Panel on the 10^th of February 2022. It is noted that the panel provided comments requesting modifications to the proposed design. Council has not received amended drawings in response to the Panel’s comments nor its own request for additional information to date.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel not support the variation to Clause 4.3 Height of Buildings, pursuant to Clause 4.6 of the Parramatta Local Environmental Plan 2011; and

(b) That the Parramatta Local Planning Panel not support the variation to Clause 4.4 Floor Space Ratio, pursuant to Clause 4.6 of the Parramatta Local Environmental Plan 2011; and

(c) That the Parramatta Local Planning Panel, exercising the function of the consent authority, refuse development consent to DA/1036/2021 for the demolition of existing dwellings and construction of new boarding house development with basement parking and associated landscaping at 71 Thomas Street, Parramatta.

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

REASONS FOR REFUSAL:

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

a) Pursuant to Clause 29(1)(c), the application exceeds the permissible FSR for the site afforded by State Environmental Planning Policy (Affordable Rental Housing) 2009.

b) Pursuant to Clause 30A, the proposed development is incompatible with both the existing and anticipated character of the area.

Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979

2. Parramatta Local Environmental Plan 2011

a) The proposed development exceeds the prescribed maximum height of building of 11 metre as prescribed in Clause 4.3 and does not meet Objectives (a), (b) & (e).

b) The proposed development exceeds the prescribed maximum floor space ratio as prescribed in Clause 4.4 and does not meet Objectives (a), (b) & (d).

Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979

3. Parramatta Development Control Plan 2011

a) The proposed development does not achieve a compliant parking and driveway layout (including waiting bay, aisle width, driveway gradient, parking spaces at blind aisles and shared areas). Furthermore, the proposal seeks an unacceptable location of the pedestrian walkway within the basements access ramp as required by Section 3.6.2.

b) The proposed development does not achieve a suitable building envelope as outlined within Section 3.1.3 in Table 3.1.3.7 as P.10 of Section 5.1.4 Planning Controls for Boarding Houses.

c) The proposed development does not achieve satisfactory stormwater drainage arrangements pursuant to Section 3.3.6.1.

Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979

4. Suitability of the Site

a) The proposed development exhibits an excessive built form as demonstrated in the non-compliant building height and floor space ratio applicable to the site that would undermine the anticipated building transition for the Thomas Street locality which is unsuitable for the site.

Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979

5. Submissions

a) The issues raised in the submissions demonstrate that the proposed development cannot be supported in its current form.

Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979

6. Public Interest

a) The proposed development does not achieve the required provisions for persons with a disability pursuant to AS1428.1-2009, AS1428.2-1992, AS1428.4.1-2009, AS/NZS 2890.6 2009 Part 6.

b) The proposed development is not site responsiveness and would result in an inappropriate boarding house development that is not in the public interest.

Matthieu Santoso

Development Assessment Officer

Attachments:

1 ⇩	PLPP Assessment Report	34 Pages
2 ⇩	Locality Plan	1 Page
3 ⇩	Plans used during assessment	92 Pages
4 ⇩	Operational Waste Management Plan	31 Pages
5 ⇩	Plan of Management	6 Pages
6 ⇩	Acid Sulfate Soils Report	19 Pages
7 ⇩	Traffic & Parking Report	28 Pages
8 ⇩	Statement of Environmental Effects	42 Pages
9 ⇩	Social Impact Assessment	17 Pages
10 ⇩	Arboricultural Impact Report - 71 Thomas Street Parramatta	30 Pages

REFERENCE MATERIAL

Item 5.6 - Attachment 3

Plans used during assessment

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