Agenda of Local Planning Panel - Thursday, 21 July 2022

Local Planning Panel 21 July 2022 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT OUTSIDE PUBLIC MEETING
30 Stanley Road, EPPING (Lot 1 DP 25650, Lot 2 DP 25650)

DESCRIPTION Alterations and additions to the existing dwelling.

REFERENCE DA/127/2022 - D08580545

APPLICANT/S Think Planners

OWNERS Mr R S Dartnall, Mrs H R Dartnell

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 30 July 2022

REASON FOR REFERRAL TO LPP

The application proposes a 12.1% variation to the maximum Height of Building under Clause 4.6 of the Hornsby Local Environmental Plan 2013.

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 subject site is known as 30 Stanley Road, Epping. The site and surrounding properties are zoned R2 Low Density Residential. The subject site currently accommodates a part single storey, part double storey residential dwelling with basement below.

It is located within an established residential area characterised by single and double storey residential dwellings. Adjoining the subject site to the sides (north and south) are single storey residential dwellings. The rear of the site adjoins Dence Park which is identified as a landscape heritage item of local significance.

The proposed development proposes a variation under Clause 4.6 Exceptions to development standards of the Hornsby Local Environmental Plan 2013, with regards to clause 4.3 Height of Buildings. The constraints the site experiences in regard to slope are not considered unreasonable as to achieve compliance with, as an alternative design solution would result in the dwelling achieving a height permissible under the standard. The applicant has failed to show why the development standard in unnecessary or unreasonable and therefore Council does not support the variation to height.

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, refuse consent to DA/127/2022.

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

REASONS FOR REFUSAL

1. Environmental Planning and Assessment Act 1979

a) The subject Development Application does not promote good design and amenity of the built environment and is therefore inconsistent with Clause 1.3(g) of the Environmental Planning and Assessment Act 1979.

2. Hornsby Local Environmental Plan 2013

The subject Development Application is inconsistent with:

a) The objectives prescribed as appropriate for the site constraints and development potential of the locality in Clause 4.3 Height of buildings of the Hornsby Local Environmental Plan 2013.

b) The grounds seeking to justify contravention to Clause 4.3 Height of buildings as unreasonable and unnecessary under Clause 4.6 of the Hornsby Local Environmental Plan 2013.

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

3. Hornsby Development Control Plan

The subject Development Application is inconsistent with:

a) The desired outcome and prescriptive measures for height under Part 3 3.1.1 Scale of the Hornsby Development Control Plan 2013.

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

Laura Perkin

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	25 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	3 Pages
4	Internal Plans used during assessment (confidential)	4 Pages
5 ⇩	Clause 4.6 Statement	11 Pages

REFERENCE MATERIAL

Local Planning Panel 21 July 2022 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT OUTSIDE PUBLIC MEETING:
4 Moses Way, WINSTON HILLS (Lot 4 DP 270717)

DESCRIPTION Section 4.55(2) modification of DA/876/2016 for the construction of a 2-storey dwelling. The modification includes:
1. Removal of swimming pool and addition of courtyard/terrace area,
2. Increase to Level 1 balcony off the main bedroom and removal of operable awning,
3. Adjustment of side setback on eastern elevation,
4. Adjustment of side setback on western elevation,
5. Change of guest bedroom to laundry,
6. Change of laundry to walk-in pantry,
7. Addition of retaining walls on boundary, and
8. Addition of store area under previously approved swimming pool.

REFERENCE DA/876/2016/C - D08572418

APPLICANT/S Mr A Atia

OWNERS Mr C Abouhamad

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 1 July 2022

REASON FOR REFERRAL TO LPP

In accordance with City of Parramatta’s Development & Traffic Services Business Rules October 2020, development applications with a variation to a development standard greater than 10% are to be determined by the Parramatta Local Planning Panel (PLPP).

EXECUTIVE SUMMARY

Site Details

The subject site currently accommodates a 2-storey dwelling which has been constructed and is currently occupied.

Site History

· The application was lodged on 14 April 2021.

· The applicant was sent a request for information on 20 May 2021 identifying the following issue:

- Revised BASIX Certificate Required

- Full architectural were required to do a full and proper assessment

- Potential exceedance in Floor Space Ratio

- Exceedance in building height

- Privacy and overlooking

- Potential overshadowing. Requested shadow diagrams

- Retaining walls in the rear that breach the requirement of the Conditions of consent

· No amended plans were submitted

This report before the Panel is written based on the plans submitted during lodgment.

Development Proposal

The modification application seeks the following amendments to the development:

Council is satisfied that the modification proposal is substantially the same from a quantitative and qualitative point of view to the original development.

Key Issues

Council’s determinative concerns with respect to this proposal are outlined below:

Building Height

Clause 4.3 of the Parramatta LEP 2011 establishes a maximum building height of 9 metres for the subject site. The plans submitted with the modification indicate a maximum building height of 10.22 metres, or a variation of 1.22 metres or 13.5%.

The variation to building height was not acknowledged by the applicant and therefore a Clause 4.6 Statement was not submitted.

Floor Space Ratio

Clause 4.4 of the Parramatta LEP 2011 establishes a maximum Floor Space Ratio of 0.5:1 for the subject site. The original application was approved with a floor space ratio of 0.499:1. The plans submitted with the modification do include details of all habitable floors and based on the proposed changes to development, Council can confidently assume that the modified proposal exceeds the maximum floor space ratio for the site.

The variation to floor space ratio was not acknowledged by the applicant and, although not explicitly required, a justification was not provided.

Earthworks

The original conditions of consent required the approved earthworks to maintain the integrity of an existing drainage easement at the rear of the site. The modified proposal includes earthworks over the easement which is not supported.

Setbacks

The proposed modification has reduced the side setback which is not supported.

Landscaping

A reduction in the provided landscaping has occurred as part of the modification due to the changes to the dwelling which is not supported.

Visual and Acoustic Privacy

The modified first floor rear terrace has been extended and potentially impacts the visual and acoustic privacy of surrounding developments. The proposed changes are not supported.

Overshadowing

The submitted plans do not accurately show the full extent of shadows cast by the proposed development. Council cannot undertake a full and proper assessment any potential impacts from the development to the adjoining properties.

BASIX

Despite the extent of amendments proposed, an updated BASIX Certificate was not submitted. Council is not prepared to condition an updated BASIX Certificate in this instance.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel (PLPP), exercising the functions of the consent authority, refuse the proposed modification to DA/876/2016/C, variations to clause 4.3 Height of Building and Clause 4.4 Floor Space Ratio to the Parramatta LEP 2011, and numerous noncompliance under the SEPP (BASIX) 2009, Parramatta LEP 2011 and Parramatta DCP 2011.

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

REASONS FOR REFUSAL

1. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal does not satisfy the requirements of the State Environmental Planning Policy (BASIX) 2004 since an amended BASIX certificate was not submitted

2. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with Clause 4.3 Height of Building of the Parramatta Local Environmental Plan 2011;

3. Insufficient information was submitted for Council to undertake a full and proper assessment with respect to Clause 4.4 Floor Space Ratio of the Parramatta Local Environmental Plan 2011 in accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979.

4. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with Clause 6.2 Earthworks of the Parramatta Local Environmental Plan 2011;

5. In accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with Part 3.1.3 Preliminary Building Envelope of the Parramatta Development Control Plan 2011 regarding non-compliances with side setbacks and landscaped area;

6. In accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with Part 3.2.1 Building Form and Massing of the Parramatta Development Control Plan 2011;

7. In accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with Part 3.3.3 Visual and Acoustic Privacy of the Parramatta Development Control Plan 2011;

8. Insufficient information was submitted for Council to undertake a full and proper assessment with respect to Part 3.3.5 Solar access of the Parramatta Development Control Plan 2011 in accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979.

9. In accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with Part 3.3.6 Water Sensitive Urban Design of the Parramatta Development Control Plan 2011;

10. In accordance with Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the proposal is not suitable for the site.

11. In accordance with Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposal is not in the public interest.

Najeeb Kobeissi

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	13 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	2 Pages
4	Internal Plans used during assessment (confidential)	2 Pages

Local Planning Panel 21 July 2022 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT OUTSIDE PUBLIC MEETING:
Lot 80 DP 1271742 Church St (known as 7 Parramatta Square or Parramatta Town Hall)

DESCRIPTION Alterations and Additions to Parramatta Town Hall local heritage item including 2-storey southern side extension and building identification signage. This application is nominated integrated development under s.90 of the National Parks and Wildlife Act 1974.

REFERENCE DA/957/2021 - D08292096

APPLICANT/S Urbis

OWNERS City of Parramatta Council

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 29 June 2022

REASON FOR REFERRAL TO LPP

The application is referred to the Parramatta Local Planning Panel as the application is proposed on Council-owned land and involved the partial demolition of a heritage listed item.

EXECUTIVE SUMMARY

The subject site is legally described as Lot 80 DP 1271749, this lot is 124817.8sq.m and contains the Parramatta Town Hall, 5 Parramatta Square, Parramatta Square Public Domain, Centenary Square Public Domain and Church Street Mall. The proposal involves works to the locally heritage listed Parramatta Town Hall, known as No. 7 Parramatta Square (7PS).

The proposed development is for alterations and additions to Parramatta Town Hall, to provide a new southern annexe, and includes the following key components:

· Demolition and excavation works for site servicing and the new annexe;

· Construction of a two storey addition at the building’s southern elevation with operable sliding glass doors;

· Ancillary works including new opening to lift landing in existing building at Level 2 (part of separate development consent), new glazed skylight between new and existing buildings;

· New lift with access to Level 2 meeting rooms;

· New stairs and ramps to east of annexe for access;

· External seating to south of the annexe, facing the public domain;

· Building identification signage;

· Lighting and utility services, including solar panels to the roof of the annexe; and

· Use of the new annexe as a community facility, function centre and food and drink premises.

The two storey southern annexe provides an area of 114sqm at ground floor, with a void to the second story. The annexe will be comprised of light, steel columns that support a predominantly glazed, ground floor façade. A significant portion of the ground floor glazing will include operable sliding glass panels to provide access to the annexe.

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 development consent to DA/957/2021 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

It should be approved for the following reasons:

1. The development is permissible in the B4 Mixed Use Zone and generally satisfies the requirements of the applicable planning provisions.

2. The design of the proposal is sympathetic to the sensitivities of the site, both its heritage significance, and its important civic significance and relationship with Parramatta Square.

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.

Paul Sartor

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report & draft conditions	40 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used for Assessment	14 Pages
4 ⇩	Finishes Schedule	7 Pages
5 ⇩	Statement of Environmental Effects	48 Pages

REFERENCE MATERIAL

Local Planning Panel 21 July 2022 Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER 5.4

SUBJECT OUTSIDE PUBLIC MEETING:
Lot 80 DP 1271742 Church St (also known as 7 Parramatta Square or Parramatta Town Hall)

DESCRIPTION Partial demolition of the existing corrugated metal roof and construction of new concrete roof and ceiling with rooftop plant area to service air conditioning plant for the operation of 7 Parramatta Square (Parramatta Town Hall).

REFERENCE DA/405/2022 - D08547684

APPLICANT/S Urbis

OWNERS City of Parramatta Council

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 30 June 2022

REASON FOR REFERRAL TO LPP

The application is referred to the Parramatta Local Planning Panel as the application is proposed on Council-owned land and involves the partial demolition of a heritage listed item.

EXECUTIVE SUMMARY

The proposed development includes the following components:

· Demolition of existing metal roof, support structure and ceiling (noting that the ceiling is severely damaged from building movement and water ingress and would otherwise need to be replaced);

· Installation of new steel supported concrete roof slab and ceiling below;

· Installation of new batten screening pergola above the condenser deck;

· Pewter battens to enclose plant deck and wrap down the east face to parapet wall;

· Access to new plant deck via existing gully plant area; and

· A designated rooftop plant area to service 7PS.

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 development consent to DA/405/2022 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

It should be approved for the following reasons:

1. The development is permissible in the B4 Mixed Use Zone and generally satisfies the requirements of the applicable planning provisions.

2. The design of the proposal is sympathetic to the heritage significance of the site.

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.

Paul Sartor

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report and Conditions	25 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Architectural Plans	11 Pages
4 ⇩	Statement of Environmental Effects	30 Pages

REFERENCE MATERIAL

Local Planning Panel 21 July 2022 Item 5.5

DEVELOPMENT APPLICATION

ITEM NUMBER 5.5

SUBJECT OUTSIDE PUBLIC MEETING:
12-12A Grand Avenue, ROSEHILL (Lot 5 DP 549358, Lot 3 DP 542208 & Lot 1 DP 845322)

DESCRIPTION Section 4.55(2) Modification to DA/671/2020 for a boundary adjustment of 12-12A Grand Avenue which includes Council owned land (Lot 1 DP 845322) then the dedication of a portion of land to Council. Following land dedication, the further subdivision of the remnant land into 2 lots with Proposed Lot 51A to contain the existing bitumen and emulsion facility. Modifications include changes to the lot boundaries and sizes.

REFERENCE DA/671/2020/A - D08575855

APPLICANT/S GHD Pty Ltd

OWNERS Road Holding Australia Pty Ltd & City of Parramatta Council

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 19 july 2022

REASON FOR REFERRAL TO LPP

The application is referred to the Parramatta Local Planning Panel as the proposal involves land owned by Council.

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 is known as 12-12A Grand Avenue, Rosehill. The site comprises three (3) lots and has a legal description of Lot 5 DP 549358, Lot 3 DP 542208 and Lot 1 DP 845322. The lot owned by Council (Lot 1 DP 845322) is currently landlocked between the two properties owned by Real Holdings Australia (Lot 3 DP 542208 and Lot 5 DP 549358). The site has a combined site area of 52,625m². The subject site is currently occupied by a heavy industrial facility which comprises Polymer-Modified Bitumen, Emulsion Facility and a road sealant workshop. The site also contains numerous structures and buildings supporting the abovementioned uses.

The site is located within an established industrial area characterised by heavy industry and located within the Camellia Industrial Precinct. The precinct is bound by Parramatta River to the north, James Ruse Drive to the west, the Western Motorway to the south and Duck River to the east.

The Proposal

Consent is sought to modify the approved boundary adjustment of 12-12A Grand Avenue which includes Council owned land (Lot 1 DP 845322) then the dedication of a portion of land to Council. Following land dedication, the further subdivision of the remnant land into 2 lots with Proposed Lot 51A to contain the existing bitumen and emulsion facility (DA/671/2020). No changes are proposed to the Council lot approved under DA/671/2020.

The modification application was referred to Council’s Catchment and Development Engineer who raised no objections to the modified proposal.

The modification application was notified in accordance with Council’s notification policy. No submissions were received in relation to this application.

The proposal complies with the relevant State Environmental Planning Policies, Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011.

After consideration of the development against Section 4.55 and 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. Therefore, it is recommended that the application be approved subject to the imposition of appropriate conditions.

RECOMMENDATION

That the Parramatta Local Planning Panel as the consent authority, modify development consent DA/671/2020 for a boundary adjustment of 12-12A Grand Avenue which includes Council owned land (Lot 1 DP 845322) then the dedication of a portion of land to Council. Following land dedication, the further subdivision of the remnant land into 2 lots with Proposed Lot 51A to contain the existing bitumen and emulsion facility to include modifications comprising changes to the lot boundaries and sizes on land at 12 & 12A Grand Avenue, Rosehill as shown on the plans submitted with the modification of determination, for a period of five (5) years from the date on the original Notice of Determination subject to the following modifications:

Modify Condition No. 1 in the following way:

1. The subdivision is to be generally in accordance with the following plans, endorsed with Council’s Stamp, but subject to the conditions listed below:

Drawing No.

Prepared By

Dated

DWG No: 12534512-G002

Revision A

GHD

Plotted 7 July 2020

Proposed subdivision plan

Revision S3, Project No. 12534812

GHD

Plotted 8 April 2022

Specialist Reports

Document(s)	Prepared By	Dated
Statement of Environmental Effects	GHD	September 2020
Summary of Environmental Condition	Consara Contaminated Sites	26 March 2021
Section 4.55 Modification to Development Consent No DA/671/2020, Issue S3, Revision 0	GHD	November 2021

Reason: To ensure the work is carried out in accordance with the approved plans.

2. All other conditions of DA/671/2020 remain unmodified.

REASONS FOR APPROVAL

1. The development is permissible in the IN3 Heavy Industrial 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.

3. The proposal will facilitate the orderly and economic use of land.

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

Ashleigh Kizana

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	9 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	2 Pages
4 ⇩	Approved plans under DA/671/2020	2 Pages

REFERENCE MATERIAL