PRESENT
Stephen O’Connor (Chairperson), Alf Lester, Michael Mason and Warrick McLean.
ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND
The Chairperson, acknowledged the Burramattagal people of The Darug Nation as the traditional land owners of land in Parramatta and paid respect to their ancient culture and to their elders past, present and emerging.
WEBCASTING ANNOUNCEMENT
The Chairperson advised that this public meeting is being recorded. The recording will be archived and made available on Council’s website.
APOLOGIES
There were no apologies made to this Local Planning Panel.
DECLARATIONS OF INTEREST
There were no declarations of interest made to this Local Planning Panel.
Reports - Development Applications
5.3 |
SUBJECT PUBLIC
MEETING:
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
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The Panel considered the matter listed at Item 5.3 and attachments to Item 5.3.
PUBLIC FORUM
1. Timothy Bonisoli spoke against the report recommendation to approve the application on behalf of Tony and Lorraine Bonisoli, Nelly Kutscher, Sang and Susanne Lee, Kojack Derseian, Fred and Tracy Ng, Steve and Nicky Savvas, Judy Driscoll, Carmen Donnelly, Barry Conn and Michael and Natalie surname unknown.
2. Alison Minter spoke against the report recommendation to approve the application.
3. Scott Barwick from SJB Planning on behalf of Montessori Academy answered questions from the Panel in relation to the development application.
4. Tyler McLaren from McLaren Traffic Engineering on behalf of Montessori Academy answered questions from the Panel in relation to carparking concerns.
5. Evan Pearson from Candalepas Associates (architect) on behalf of Montessori Academy answered questions from the Panel in relation to the development application.
6. Frank Sartor from SPP Service Pty Ltd on behalf of Montessori Academy answered questions from the Panel in relation to the development application.
7. Tyler Karvinen from Stellen Consulting on behalf of Montessori Academy was available to answer questions from the Panel in relation to the development application.
8. Angelo Candalepas from Candalepas Associates (architect) on behalf of Montessori Academy was available to answer questions from the Panel in relation to the development application.
9. Steven Cooper from The Acoustic Group on behalf of Montessori Academy was available to answer questions from the Panel in relation to the development application.
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(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 in Attachment 1, except for Condition number 25 which is to be amended to be consistent with the wording of this condition in the memo from Darren Wan, Team Leader, Development Engineers, circulated to the Panel on 19 July 2022.
(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.
The Panel decision is UNANIMOUS. |
5.6 |
SUBJECT OUTSIDE
PUBLIC MEETING:
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
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The Panel considered the matter listed at Item 5.6 and attachments to Item 5.6.
PUBLIC FORUM
There were no public forum submissions for Item 5.6.
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(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’s 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.
The Panel decision is UNANIMOUS.
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Innovative
Nil
The meeting terminated at 5:47 pm.
Chairperson