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DETERMINATION
(a) That the Parramatta
Local Planning Panel, exercising the function of the consent authority,
pursuant to Section 8.4 of the Environmental Planning and Assessment Act
1979, confirms the decision to 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, for the reasons set
out in the Council officer’s report.
(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.
The Panel decision was
UNANIMOUS.
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