MINUTES OF THE Local Planning Panel MEETING HELD VIA AUDIO-VISUAL MEANS ON Thursday,  21 July 2022 AT 3:30pm

 

PRESENT

 

Julie Walsh (Chairperson), Robert Hussey, Helen Deegan and Peter Haliburn.

 

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          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

 

 

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

 

PUBLIC FORUM

 

1.         Brad Delapierre from Think Planners, spoke against the report recommendation to refuse the application and answered questions from the Panel in relation to the development application.

 

 

 

 

 

 

DETERMINATION

 

(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.         The proposal exceeds the 8.5m height limit (9.5m sought) in clause 4.3 of Hornsby Local Environmental Plan 2013. The Clause 4.6 written justification lodged on behalf of the applicant is not supported.

 

2.         Given the size of the block, it is considered that the desired floor space can be rearranged to ensure the height of building can comply. This can be achieved through the utilisation of design principles so as to satisfy the maximum building height development standard.

 

3.         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.

 

4.         The Proposal does not comply with the following provisions of the Hornsby Development Control Plan 2013:

 

 3.1.1 a) maximum number of storeys;

 

          b) buildings should respond to the topography of the site and the floor level of the lowest residential storey should be sited a maximum of 1.5 metres above natural ground level.

 

The Panel decision was UNANIMOUS.

 

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

 

 

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

 

PUBLIC FORUM

 

There were no public forum submissions for Item 5.2.

 

 

DETERMINATION

 

(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.

 

The Panel decision was UNANIMOUS.

 

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

 

 

The Panel considered the matter listed at Item 5.3 and attachments to Item 5.3.

 

PUBLIC FORUM

 

There were no public forum submissions for Item 5.3.

 

 

DETERMINATION

 

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.

 

The Panel decision was UNANIMOUS.

 

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

 

 

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

 

PUBLIC FORUM

 

There were no public forum submissions for Item 5.4.

 

 

DETERMINATION

 

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.

 

The Panel decision was UNANIMOUS.

 

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

 

 

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

 

PUBLIC FORUM

 

There were no public forum submissions for Item 5.5.

 

 

DETERMINATION

 

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.         The subdivision will be required to satisfy the conditions of consent contained within DA/671/2020 which deals with the land swap infrastructure requirements and relevant easements.

 

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

 

The Panel decision was UNANIMOUS.

 

Innovative

 

Nil

 

The meeting terminated at 4:23pm.

 

 

 

 

 

Chairperson