MINUTES OF THE Local Planning Panel MEETING ON Tuesday, 19 July 2022 AT 3:30pm

 

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

 

5.1

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

 

 

The Panel considered the matter listed at Item 5.1 and attachments to Item 5.1.

 

PUBLIC FORUM

 

There were no public forum submissions for Item 5.1.

 

 

 

 

 

 

 

DETERMINATION

 

(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, grants 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 in Attachment 1.

 

(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.

 

The Panel decision is UNANIMOUS.

 

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

 

 

The Panel considered the matter listed at Item 5.2 and attachments to

Item 5.2.

 

 

 

 

 

PUBLIC FORUM

 

1.      Anthony Sadek spoke against the report recommendation to approve the application.

 

2.      Arthur Sadek spoke against the report recommendation to approve the application.

 

3.      Tom Goode from Ethos Urban spoke in support of the report recommendation to approve the application.

 

4.      Lisa Maree Carrigan (architect) from Group GSA was available to answer questions from the Panel in relation to the development application.

 

 

DETERMINATION

 

(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, grants 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, as set out in the attachment to the email from Claire Stephens, Development Assessment Manager, dated 19 July 2022, except for the deletion of Condition number five (5) and that the permanent free standing sign is not approved as part of this 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.

 

The Panel decision is UNANIMOUS.

 

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

 

 

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.

 

 

DETERMINATION

 

(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.

 

5.4

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

 

 

The Panel considered the matter listed at Item 5.4 and attachments to

Item 5.4.

 

PUBLIC FORUM

 

1.      Kusum K C spoke against the report recommendation to grant deferred commencement consent of the development application.

 

2.      Evan Gilchrist on behalf of his parents, spoke against the report recommendation to grant deferred commencement consent of the development application.

 

3.      Belinda Barakat Rahme spoke against the report recommendation to grant deferred commencement consent of the development application.

 

4.      Nitin Kumar Mittal submitted written correspondence against the report recommendation to grant deferred commencement consent of the development application.

 

5.      Monika Garg submitted written correspondence against the report recommendation to grant deferred commencement consent of the development application.

 

6.      Tarun Chadha from Archidrome Pty Ltd, spoke in favour of the report recommendation to grant deferred commencement consent of the development application.

 

7.      Eltin Miletic from Miletic Meiler Development Consultants Pty Ltd, spoke in favour of the report recommendation to grant deferred commencement consent of the development application.

 

8.      Nestor Moreno from Mariposa Child Care Consultants, spoke in favour of the report recommendation to grant deferred commencement consent of the development application.

 

9.      Oleg Sannikov from TEF Consulting was available to answer questions from the Panel in relation to the development application.

 

 

DETERMINATION

 

(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 in Attachment 1, except of the deletion of Condition 45 and 47.

 

(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.

 

The Panel decision is UNANIMOUS.

 

RECOMENDATION FROM THE PANEL

 

The Panel recommends to Council Management that the proposed child care centres greater than 50 places and less than 75 places, be referred to Councils internal urban design team, so that the Panel has the benefit of the urban design advice when determining development applications for these types of development.

 

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

 

 

The Panel considered the matter listed at Item 5.5 and attachments to

Item 5.5.

 

PUBLIC FORUM

 

1.         Daniel Prior spoke in favour of the report recommendation for refusal of the development application.

 

2.         Shirley Li spoke in favour of the report recommendation for refusal of the development application.

 

3.         Kevin Shen spoke in favour of the report recommendation for refusal of the development application.

 

4.         Mick Vaughan submitted written correspondence, in favour of the report recommendation for refusal of the development application.

 

5.         Adam Byrnes from Think Planners spoke against the report recommendation for refusal of the development application and answered questions from the Panel in relation to the development application.

 

 

DETERMINATION

 

That consideration of this matter be deferred and that it be determined electronically.

 

The Panel requires additional information listed below;

 

a)        Legal advice obtained by Council in relation to this development application;

b)        Documentation from Think Planners regarding;

                             i)       Deep soil;

                            ii)       Onsite manager;

                           iii)       Details of errors in the Council report.

 

Item b) i) to iii) are to be provided by Think Planners by 26 July 2022.

 

The Panel decision is UNANIMOUS.

 

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

 

 

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.

 

 

DETERMINATION

 

(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.

 

Innovative

 

Nil

 

The meeting terminated at 5:47 pm.

 

 

 

 

Chairperson