Local Planning Panel 2 August 2022 Item 2.1
ITEM NUMBER 2.1
SUBJECT ELECTRONIC DETERMINATION
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 - D08628639
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
At its meeting on 19 July 2022, the Panel deferred the determination of the application pending the submission of the following:
a) Legal advice obtained from Council in relation to the permissibility of a boarding house as part of the Section 8.3 Review; and
b) Documents from the Applicant regarding:
i. Deep Soil;
ii. On-site Manager; and
iii. Details of the alleged errors in Council’s Assessment Report.
EXECUTIVE SUMMARY
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 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 1979, it is recommended Development Application No. DA/100/2021 be refused.
(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 Officer
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Legal Advice (confidential) |
27 Pages |
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2⇩ |
Deep Soil Item b) i) |
1 Page |
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3⇩ |
Response to Panel Item b) ii) and iii) |
1 Page |
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REFERENCE MATERIAL
