Agenda of Local Planning Panel - Tuesday, 16 August 2022

Local Planning Panel 16 August 2022 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT PUBLIC MEETING:
32 Moseley Street, CARLINGFORD NSW 2118 (Lot 34 DP 251044)

DESCRIPTION Demolition of an existing single storey administration building and construction of a new two-storey Ministry Centre with associated signage to be used concurrently with the existing church and associated landscaping works.

REFERENCE DA/14/2022 - D08603101

APPLICANT/S St Paul's Anglican Carlingford and North Rocks

OWNERS Anglican Church Property Trust (Carlingford)

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 27 July 2022

REASON FOR REFERRAL TO LPP

This application is reported to the Parramatta Local Planning Panel for determination as more than ten (10) unique submissions have been received.

EXECUTIVE SUMMARY

The Site

The subject site is legally described as Lot 34 DP 251044 and commonly known as 32 Moseley Street, Carlingford and has an approximate area of 6,321m². The site falls approximately 6m from the north eastern corner of the site to the south western corner of the site.

The site is currently occupied by St Pauls Anglican Church including two (2) church halls, an associated administration building and car park. Vehicular access provided off Moseley Street to an at-grade car park.

The site is a corner allotment and has a primary street frontage of approximately 77.38m to Moseley Street, 68.24m to Vickery Avenue and 77.38m to Trigg Avenue.

The site is located within a residential area comprising of low to high density residential development. The site sits directly opposite the Harold West Reserve. Further to the east of the site is the Sydney Australia Temple and Carlingford Court shopping centre.

The Proposal

Development Application DA/14/2022 was lodged on 11 January 2022 for the demolition of an existing single storey administration building and construction and use of a two (2) storey Ministry Centre with associated signage and landscaping works.

This Development Application is made pursuant to the Parramatta (former The Hills) LEP 2012 (PLEP 2012). Development for Place of Public Worship as proposed is permitted with consent in this zoning.

Assessment Summary

The application has been assessed relative to section 4.15 of the Environmental Planning and Assessment Act 1979, taking into consideration all relevant state and local planning controls. Consideration of technical matters by Council’s engineering and landscaping departments has not identified any fundamental issues of concern, with any matters of concern recommended to be addressed via conditions of consent.

This report concludes that in its context, this development proposal is able to be supported in terms of the development’s broader strategic context, function and overall public benefits.

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/14/2022 be approved.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the Council pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent to DA/14/2022 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.

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

REASONS FOR APPROVAL

1. The development is permissible in the R2 Low Density Residential zone pursuant to the Parramatta former Hills Local Environmental 2012 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 facilities and services which meet the day to day needs of residents.

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

Alicia Hunter

Senior Development Assessment Officer

Sarah Irani

Team Leader Development Support

Attachments:

1 ⇩	Assessment Report and Draft Conditions	50 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Architectural Plans used during assessment	14 Pages
4 ⇩	Landscape Plans used during assessment	3 Pages
5 ⇩	Civil Plans used during assessment	7 Pages
6 ⇩	Signage Plan used during assessment	1 Page
7 ⇩	Statement of Environmental Effects used during assessment	29 Pages
8 ⇩	Acoustic Report used during assessment	20 Pages
9 ⇩	BCA Report used during assessment	105 Pages
10 ⇩	Accessibility Report used during assessment	41 Pages
11 ⇩	Plan of Management used during assessment	6 Pages
12 ⇩	Traffic Impact Assessment used during assessment	20 Pages
13 ⇩	Section J report used during assessment	30 Pages
14 ⇩	Waste Management Plan used during assessment	13 Pages
15 ⇩	Arboricultural Impact Assessment used during assessment	32 Pages

REFERENCE MATERIAL

Local Planning Panel 16 August 2022 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT PUBLIC MEETING:
63-67 Pine Street, RYDALMERE NSW 2116 (Lot 10 Sec 5 DP 977669, Lot 12 Sec 5 DP 977669, Lot 11 Sec 5 DP 977669)

DESCRIPTION Demolition of existing dwellings, tree removal, lot consolidation and construction of a 4-storey residential flat building comprising 35 residential units including 12 affordable housing units pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 with basement car parking and associated Strata subdivision.

REFERENCE DA/317/2021 - D08605602

APPLICANT/S Mr N Abboud

OWNERS Wattle Pine Developments Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Deferred Commencement Approval

DATE OF REPORT 2 August 2022

REASON FOR REFERRAL TO LPP

This application is reported to the Parramatta Local Planning Panel for determination as the proposed development proposal exceeds the maximum permissible building height by 18.18% and more than 10 submissions.

EXECUTIVE SUMMARY

Development Application DA/317/2021 was lodged on 21 April 2021 for ‘Demolition of existing dwellings, tree removal, lot consolidation and construction of a 4-storey residential flat building comprising 35 residential units including 12 affordable housing units pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 with basement car parking and associated Strata subdivision’.

The subject site comprises three (3) separate allotments known as 63-67 Pine Street, Rydalmere. The current property descriptions are Lots 10-12 Section 5 DP 977669. Should the application be recommended for approval, a condition of consent would be imposed to ensure the lots are consolidated prior to the issue of a Construction Certificate. Henceforth, the subject site referred to in this report will describe the three lots as combined.

The subject site is a rectangular allotment and has a moderate slope from the south-west to the north-east of approximately 2 metres over a distance of 67 metres. The subject site currently accommodates 3 dwelling houses located on separate Torrens title lots. It is located within an established residential area characterised by single and double storey residential dwellings as well as dual occupancy developments.

In accordance with the Parramatta Notification Plan the Development Application was notified and advertised on 29 April 2021 to 20 May 2021. In response, 14 submissions were received. Concerns raised within those submissions comprised the following:

· Traffic Generation/Parking;

· Building Height/Overshadowing;

· Tree Removal;

· Construction Impacts;

· Proximity to existing school;

· Affordable housing;

· Lack of infrastructure;

· Contamination;

· Acoustic;

· Visual Privacy

Section 4.15 Assessment Summary

The application has been assessed relative to section 4.15 of the Environmental Planning and Assessment Act 1979, taking into consideration all relevant state and local planning controls.

This proposal seeks a variation to the building height development standard, with the assessment concluding it to be well founded given the incorporation of affordable rental housing within the development which allows for bonus FSR pursuant to the ARH SEPP.

The application was referred to a number of internal and external stakeholders for comment including the following:

· Endeavour Energy;

· Development Engineer;

· Traffic Officer;

· Landscape Officer;

· Environmental Health; and

· Design Excellence Advisory Panel.

No objections to the overall development were received. Conditions of consent have been imposed where necessary.

Having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is recommended Development Application DA/317/2021 be issued a deferred commencement approval.

RECOMMENDATION

(a) That, the Parramatta Local Planning Panel, support the variation to Clause 4.3 of Parramatta Local Environmental Plan 2011 under the provisions of Clause 4.6 for the following reasons:

i. A written request to vary the building height has been received and is well drafted;

ii. The same variation in building height was assessed and approved by SCCPP in DA/210/2017, and again by PLPP in DA/349/2019;

iii. The height variation retains the primary presentation of the building as a 4-storey residential flat building that is consistent with other residential flat buildings within the locality;

iv. The building has been appropriately articulated and modulated. Fenestration, material variation and private open spaces have been incorporated in order to minimise the external bulk and scale through effective design;

v. The proposal supports a residential intensity that is reasonable for the site, with regard to context and zoning;

vi. The height variation does not result in unreasonable amenity impacts on neighbouring properties; and

vii. It is acknowledged that the City of Parramatta’s Design Excellence Advisory Panel raised no design objection to the non-compliance.

(b) That the Parramatta Local Planning Panel, exercising the function of the Council pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, approve development consent to DA/317/2021 for the ‘demolition of existing dwellings, tree removal, lot consolidation and construction of a 4-storey residential flat building comprising 35 residential units including 12 affordable housing units pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 with basement car parking and associated Strata subdivision’ on land at 63-37 Pine Street, Rydalmere:

REASONS FOR APPROVAL

1. A written request to vary the building height has been received. The variation sought will not have any adverse impacts. As such, compliance with the standard is unnecessary. Accordingly, Council believes that there are sufficient environmental planning grounds to justify the variation and finds that the application is satisfactory. Council is therefore satisfied that the Applicant’s Clause 4.6 variation request has adequately addressed the matters required to be demonstrated in Clause 4.6(3) of Parramatta LEP 2011 and that the proposed development will be the public interest because it is consistent with the objectives of the building height control and the objectives for development within the R4 zone in which the development is proposed to be carried out.

2. The development is permissible in the R4 zone pursuant to the Parramatta Local Environmental 2011 and satisfies the requirements of all applicable planning standards controls.

3. The development will be compatible with the emerging and planned future character of the area.

4. The development will provide housing that accommodates the needs of the existing and future residents, workers and visitors of Parramatta.

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

Darren Wan

Senior Development Assessment Officer

Sarah Irani

Team Leader Development Support

Attachments:

1 ⇩	Assessment report and draft conditions	65 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plan used for assessment	5 Pages
4	Internal plans used for assessment (confidential)	6 Pages
5 ⇩	SoEE + Clause 4.6 Variation Request	68 Pages

REFERENCE MATERIAL

Local Planning Panel 16 August 2022 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT PUBLIC MEETING
45 Mobbs Lane, CARLINGFORD NSW 2118 (Lot 14 DP 30791)

DESCRIPTION Section 8.3 Review of DA/725/2020 for the demolition of existing structures, earthworks, removal of seven (7) trees and construction of a child care facility for 56 children (17 x 0-2 year olds, 15 x 2-3 year olds & 24 x 3-6 year olds) with basement level car parking level for fourteen (14) vehicles and associated landscape works. The Section 8.3 Review of Determination application relies upon previously submitted amended plans for 56 children with 14 car parking spaces.

REFERENCE DA/725/2020 - D08615891

APPLICANT/S Planning Lab

OWNERS Child Care Property Holdings Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 20 July 2022

REASON FOR REFERRAL TO LPP

The application involves a Review of Determination of DA/725/2020 pursuant to Section 8.3 of the Environmental Planning and Assessment Act 1979.

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 Site

The subject site is known as 45 Mobbs Lane, Carlingford. The site is zoned R2 Low Density Residential and is located within an established residential area characterised by single and double storey residential dwellings as well as dual occupancies.

Background

Development application DA/725/2020 was lodged with City of Parramatta, for the demolition of existing structures, earthworks, removal of seven (7) trees and construction of a child care facility for 58 children (17 x 0-2 year olds, 15 x 2-3 year olds & 26 x 3-6 year olds) with basement level car parking level for fifteen (15) vehicles and associated landscape works.

On 19 October 2021, DA/725/2020 was presented to the Parramatta Local Planning Panel (PLPP) with a recommendation for refusal.

The PLPP resolved the following:

(a) The applicant to provide clarification within 21 days on the functionality and operation of the basement carpark specifically to understand vehicle movement when entering and exiting the carpark if all carparking spaces were full, assuming that the operation of the childcare centre would require all drop offs and picks up to occur in the basement;

(b) The Council Officers to provide details of the operation of the “no parking” area in front of the site in terms of its length and times;

(c) The applicant to provide a report within 21 days on vehicular movements at peak childcare times to understand the likely number of vehicles entering and leaving during that period to understand any likely conflict.

Following the submission of additional information, a report recommending approval was prepared for a PLPP meeting on 11 January 2022.

On 11 January 2022, the Parramatta Local Planning Panel refused the application for the following reasons:

1. Whilst the Panel acknowledges that the amended plans provide suitable design for the child care use on the site in term of streetscape presentation and meeting the character of the residential area, the majority of the panel do not find the site suitable for the use on traffic safety terms namely:

· the large amount of fast travelling road traffic on Mobbs Lane; the site being situated near to the crest of a hill – with resulting poor visibility;

· the reliance on basement parking is unsatisfactory and the operators cannot guarantee use of the basement area by parents; the likelihood of queuing of vehicles entering the basement area;

· the safety concerns relating to parents parking on the opposite (southern) side of Mobbs Lane and attempting to cross the busy road with young children for drop-off at the centre;

· the uncertainty of the Local Traffic Committee’s decision.

2. The Traffic Management plan provided by the applicant is considered insufficient to deal with the serious traffic challenges raised by this location.

3. The traffic safety concerns of the Panel and the local residents have not been sufficiently met by the proposed conditions of consent or the applicant’s proposal.

Applicant Response to Refusal Reasons

A subsequent 8.3 review was lodged with Council on 5 April 2022. The Application addressed the reasons for refusal with the submission of a Traffic Review letter, prepared by TTPP, dated 28 March 2022.

No other changes are proposed to the application and all plans and documents submitted with the previous application are to be relied upon for the assessment.

Council’s Traffic and Transport Engineer reviewed the submitted information and the application cannot be supported on traffic and parking grounds due to inadequate sight distance provided at the driveway and safety concerns with children crossing Mobbs Lane.

Council’s Development Engineer, Environment and Health Officer and Landscape Officer reviewed the original application and recommended appropriate conditions.

In accordance with the requirements contained within Council’s Consolidated Notification Requirements, objectors to the original development application, owners and occupiers of adjoining and surrounding properties were given notice of the application between 29 April and 20 May 2022. In response, 18 unique submissions were received. The issues raised within these submissions has been addressed within the Section 4.15 Assessment Report.

The proposed development is generally consistent with the requirements of Clause 3 Educational establishments and child care facilities of SEPP (Transport and Infrastructure) 2021, Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011.

After consideration of the development against Section 8.2 of the Environmental Planning and Assessment Act 1979, and the relevant statutory and policy provisions, the proposal is not suitable for the site and is not in the public interest.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel (PLPP), exercising the functions of Council, pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979, refuse Development Application No. DA/725/2020 for Section 8.3 Review of DA/725/2020 for the demolition of existing structures, earthworks, removal of seven (7) trees and construction of a child care facility for 56 children (17 x 0-2 year olds, 15 x 2-3 year olds & 24 x 3-6 year olds) with basement level car parking level for fourteen (14) vehicles and associated landscape works on land at Lot 14 in DP 30791, 45 Mobbs Lane, Carlingford.

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

REASONS FOR REFUSAL

1. Parramatta Local Environmental Plan 2011

a) The proposed development is inconsistent with the aims and objectives of the R2 Low Density Residential zoning applying to the land, as the proposed works are not located in a context and setting that minimises impacts on the amenity of the residential environment.

2. Child Care Planning Guideline

a) The proposed development does not meet the following objectives of Section 3.1 Site selection and location of the Child Care Planning Guideline:

i. ‘To ensure that appropriate zone considerations are assessed when selecting a site’, as the traffic and parking as a result of the proposal would have a negative impact on the residential amenity.

ii. ‘To ensure that the site selected for a proposed child care facility is suitable for the use’, as the location of the site on Mobbs Lane is inappropriate and unsafe for the proposed use.

b) The proposed development does not meet the following objective of Section 3.8 Traffic, Parking and Pedestrian Circulation of the Child Care Planning Guideline:

i. ‘To provide vehicle access from the street in a safe environment that does not disrupt traffic flows’, as the proposal does not ensure that safe vehicular access can be provided to and from the site.

3. Parramatta Development Control Plan 2011

a) The proposed development does not meet the objectives of Section 3.6.2 Parking and Vehicular Access of Parramatta Development Control Plan 2011, as the proposal does not ensure the location and design of the driveway and basement is safe.

Ashleigh Kizana

Senior Development Assessment Officer

Sarah Irani

Team Leader Development Support

Attachments:

1 ⇩	Assessment Report	39 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	23 Pages
4 ⇩	Internal Plans used during assessment	11 Pages
5 ⇩	Traffic Review Letter	19 Pages

REFERENCE MATERIAL

Local Planning Panel 16 August 2022 Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER 5.4

SUBJECT OUTSIDE PUBLIC MEETING
3 Farmhouse Road, WESTMEAD NSW 2145 (Lot 4 DP 1227281)

DESCRIPTION Alterations and additions to the approved residential development including an additional 4 floors to Buildings D and F, and internal and external facade changes.

REFERENCE DA/932/2021 - D08602823

APPLICANT/S Combined Projects Westmead Pty Ltd

OWNERS Combined Projects (Westmead) Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 29 July 2022

REASON FOR REFERRAL TO LPP

The application is being referred to the Parramatta Local Planning Panel for determination as the proposed development proposal exceeds the maximum permissible building height by 111.25% for Building D, 72.25% for Building, and exceeds the maximum permissible FSR by 69% for the 4:1 portion of the site.

EXECUTIVE SUMMARY

This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 4.15 Assessment Report.

Development Application DA/932/2021 was lodged on 7 October 2021 for ‘alterations and additions to the approved residential development including an additional 4 floors to Buildings D and F, expansion of basement 4 and internal and external facade changes’.

This application must be read in conjunction with DA/1271/2016, which is the consent issued for the overall building. During the assessment of the application, it was deemed that the proposed additional parking could not be supported for existing developments within the Westmead Precinct. Accordingly, the proposed amendments to the basement levels have been removed from the proposal and the basement configuration and number of parking spaces will be retained from DA/1271/2016.

In accordance with the Parramatta Notification Plan the Development Application was notified and advertised on 20 October 2021 to 10 November 2021. In response, no submissions were received.

Section 4.15 Assessment Summary

The application has been assessed relative to section 4.15 of the Environmental Planning and Assessment Act 1979, taking into consideration all relevant state and local planning controls.

The proposed development is for alterations and additions to a residential flat building that has already been approved with variations to the building height and FSR development standards under DA/1271/2016. During that assessment, the variation was supported because it was deemed that the masterplan that informed the planning proposal was a result of a suboptimal concept plan. Since the adoption of the masterplan there has been multiple approvals within the site that depart from the building height and FSR development standards.

Whilst this proposal seeks to increase the extent of variations, a merit assessment has concluded it to be well founded given the significant investment in public transport infrastructure within the Westmead Precinct. The additional density can be achieved without additional adverse impacts on neighbouring properties, or the greater precinct.

The application was referred to a number of internal and external stakeholders for comment including the following:

· Endeavour Energy;

· Wind Consultant;

· Traffic Officer;

· Urban Design;

· Development Engineer;

· TfNSW;

· CASA;

· NSW Health Infrastructure;

· Air Ambulance; and

· Air Services Australia.

No objections to the overall development were received. Conditions of consent have been imposed where necessary.

Having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is recommended Development Application DA/932/2021 be approved.

RECOMMENDATION

(a) That, the Parramatta Local Planning Panel, exercising the function of the Council pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, support the variation to Clause 4.3 and Clause 4.4 of Parramatta Local Environmental Plan 2011 under the provisions of Clause 4.6 for the following reasons:

i. A written request to vary the building height has been received and is well drafted;

ii. The assessment of DA/1271/2016 concluded there is merit for the variation of the building height and FSR development standard. As such, compliance with the standards are unnecessary. Accordingly, Council believes that there are sufficient environmental planning grounds to justify the variation and finds that the application is satisfactory. Council is therefore satisfied that the Applicant’s Clause 4.6 variation request has adequately addressed the matters required to be demonstrated in Clause 4.6 (3) of Parramatta LEP 2011 and that the proposed development will the public interest because it is not inconsistent with the objectives of the building height and floor space ratio controls and the objectives for development within the B4 zone in which the development is proposed to be carried out;

iii. The additional variation of the development standards will not create additional adverse impacts in regard to overshadowing, bulk and scale, streetscape, or traffic generation;

iv. The additional density will take advantage of the significant investment in public transport infrastructure within the Westmead Precinct; and

v. The proposal remains consistent with the aims, objectives, and desired future character of the Westmead Precinct.

(b) Further, that the Parramatta Local Planning Panel, exercising the function of the Council pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, approve development consent to DA/932/2021 for alterations and additions to the approved residential development including an additional 4 floors to Buildings D and F and internal and external facade changes on land at 3 Farmhouse Road, Westmead.

REASONS FOR APPROVAL

1. The development is permissible in the B4 zone pursuant to the Parramatta Local Environmental 2011 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.

Darren Wan

Senior Development Assessment Officer

Sarah Irani

Team Leader Development Support

Attachments:

1 ⇩	4.15 assessment report and draft conditions	38 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans Used for Assessment	8 Pages
4	Internal plans used for asessment (confidential)	22 Pages
5 ⇩	Clause 4.6 - Building Height Variation request	15 Pages
6 ⇩	Clause 4.6 - FSR Variation request	15 Pages

REFERENCE MATERIAL

Local Planning Panel 16 August 2022 Item 6.1

INNOVATIVE

ITEM NUMBER 6.1

SUBJECT Request for Gateway - Planning Proposal for land at 353A-353C and part of 351 Church Street, Parramatta (Riverside Theatre site)

REFERENCE F2022/01255 -

APPLICANT/S City of Parramatta

OWNERS City of Parramatta

REPORT OF Land Use Planning Team Leader

PURPOSE

The purpose of the report is to seek the Parramatta Local Planning Panel’s advice to Council on a request to the Department of Planning and Environment (DPE) for a Gateway Determination for a Planning Proposal for the land at 353A-353C Church Street and part of 351 Church Street, Parramatta (Riverside Theatre site).

RECOMMENDATION

The Parramatta Local Planning Panel consider the following Council Officer recommendation in its advice to Council:

(a) That Council approve, for the purposes of seeking a Gateway Determination from the Department of Planning and Environment, the Planning Proposal at Attachment 1 for the land at 353A-353C Church Street and part of 351 Church Street, Parramatta (Riverside Theatre site) which seeks the following changes to the Parramatta Local Environmental Plan 2011:

1. increase the Maximum Height of Building (HOB) from 15m to 28m;

2. introduce a Site-Specific Clause that prevents new development generating any additional overshadowing to the Parramatta River Foreshore between 12pm and 2pm; and

3. requires active street frontages.

(b) That the Planning Proposal be forwarded to the Department of Planning and Environment for a Gateway Determination, requesting no public exhibition process for the following reasons:

1. to support the efficient processing of the Planning Proposal and the redevelopment of the Riverside Theatre;

2. the CBD PP publicly exhibited controls sought a greater building height, than the subject Planning Proposal;

3. the subject Planning Proposal seeks to implement the amenity controls from the CBD PP.

(c) That Council advise the Department of Planning and Environment that the CEO will be seeking to exercise its plan-making delegations for this Planning Proposal, as authorised by Council on 26 November 2012.

(d) Further, that Council delegates authority to the CEO to correct any minor anomalies of a non-policy and administrative nature that arise during the plan-making process.

PLANNING PROPOSAL TIMELINE

SUMMARY

1. The Riverside Theatre is a critical anchor performing arts facility located within the Parramatta CBD. Constructed in 1988, the current Riverside Theatre building is not fit for purpose to serve the growing community.

2. The redevelopment of the Riverside Theatre to deliver a modernised and expanded performance space is an important infrastructure priority reflected in Council’s Cultural Plan.

3. Council has progressed with the preparation of a visioning document, concept reference design, and committed funding to redevelop the theatre.

4. The Council endorsed Parramatta CBD Planning Proposal (CBD PP) with regard to this site, among a number of things, sought to increase the height control. This change would enable the redevelopment of the theatre in line with the vision of Council. The concept design was prepared in response to the planning controls within the Council endorsed CBD PP.

5. However, the Department of Planning and Environment deferred the area north of the river from the CBD PP during its finalisation and retained the current height control for this site. The current height control does not enable the redevelopment of the site consistent with the concept reference design.

6. As a result, a site-specific Planning Proposal is needed to implement the necessary height control to allow for the concept design and redevelopment project to progress.

7. The Planning Proposal found in Attachment 1 should progress for the following reasons:

· To ensure the necessary planning controls are in place to allow the timely progression and redevelopment of the Riverside Theatre.

· Waiting for a future review of the land north of the Parramatta River (which is subject to funding being provided by the State Government, is anticipated to commence in 2023 and which would take two to three years to complete) would cause delays to the progression of the Council prepared concept design for the Riverside Theatre.

· The increase in HOB from 15m to 28m is considered a modest increase (particularly given the current theatre has building elements at 25m) and the 36m building height currently permitted for sites immediately east of the Theatre Site means the 28m height proposed is not out of context with existing controls in the precinct.

· No change is sought to the existing FSR control.

· The Site-Specific Clause implements the intent of the solar access protection plane and active frontage controls within the CBD PP.

· The resulting building controls are considered to have an inconsequential impact on amenity, overshadowing, and overall bulk and scale; and is lower in height than the building height that would have resulted from the Council adopted CBD PP.

8. Table 1 compares the existing planning controls, proposed controls under the CBD PP as endorsed by Council, the proposed controls within the Planning Proposal, and the existing building height for reference.

Control	PLEP 2011 (existing controls)	Council adopted CBD PP	Planning Proposal	Existing building
Zoning	B4 Mixed Use	B4 Mixed Use	B4 Mixed Use	B4 Mixed Use
Height	15m	Height not nominated – solar access control would allow heights of 50-60m on parts of the site.	28m	25m
FSR	3:1	3:1	3:1	Unknown

Table 1 - Summary of existing and proposed controls

SITE DESCRIPTION

9. The Planning Proposal applies to the land at 353A-353C Church Street (Lot 2 DP 740382) and part of 351 Church Street, Parramatta (Lot 1 DP 740382) (the site). The site is bound by Marsden Street to the west; Market Street to the north; Church Street to the east; and the Parramatta River Foreshore to the south (see Figure 1). The site has an approximate area of 7,000sqm.

10. The site is the location of the Riverside Theatre, which is owned and operated by the City of Parramatta Council (Council). The existing building is located on the eastern side of the site, with a frontage to Church Street and the river foreshore. The building contains three separate theatres and event spaces. Above-ground parking is located on the western side of the site on the corner of Market and Marsden Street.

11. Prince Alfred Park is located to the north of the site and plays an important contribution to open space within the Parramatta CBD. The Old King’s Parade Ground is located to the west and contributes to Parramatta’s unique heritage and river setting. The land to the east of the site on Church Street is developed with approximately 5-6 storey mixed use developments. Land to the south of the site on the opposite side of the river is being redeveloped for a 192m mixed use tower (i.e. ‘The Lennox’ development).

12. The site is within walking distance to the Parramatta Light Rail stop located at Prince Alfred Square which is currently under construction as part of Stage 1 of the project.

Figure 1 – Site subject to the Planning Proposal

EXISTING PLANNING CONTROLS

13. Under the provisions of the Parramatta Local Environmental Plan 2011, the following planning controls apply:

· B4 Mixed Use zone;

· Maximum Height of Building control of 15 metres; and

· Maximum Floor Space Ratio (FSR) of 3:1.

14. The site itself is not heritage listed; however, it is adjacent to the following heritage items projected under Schedule 5 of the PLEP 2011:

· Lennox Bridge (State Heritage Item I00750)

· Alfred Square (and potential archaeological site) (Local Heritage Item I686)

· Marsden Rehabilitation Centre (and potential archaeological site) (State Heritage Items I00826 and I00771)

15. Other controls relating to flooding and Acid Sulphate Soils are described and mapped in Part 4 of the Planning Proposal in Attachment 1.

BACKGROUND

Riverside Theatre Redevelopment

Role of the Riverside Theatre

16. The Riverside Theatre is a significant cultural and performing arts venue attracting more than 180,000 patrons to 1,000 performances and events every year. For nearly three decades, the Riverside Theatre has been a critical ‘anchor’ cultural arts asset serving the growing population of Parramatta and Greater Sydney.

17. The provision and expansion of cultural infrastructure is critical in delivering Parramatta as a livable, sustainable, and productive place for the current and future populations of both the City of Parramatta and the Greater Sydney Region. However, the historical imbalance of cultural investment across Greater Sydney presents a challenge for Parramatta to achieve rounded growth and fulfill its role as the Central River City.

18. By 2036 the City of Parramatta will be home to an additional 150,000 people; and the Parramatta CBD will host 20,000 more residents and 83,000 more workers. This growing population and the historic lack of state government investment in cultural infrastructure in Greater Sydney is placing significant pressure on the capacity limitations of the ageing Riverside Theatre.

19. The redevelopment of the Riverside Theatre to modernise its infrastructure and increase its capacity is a leading priority to support the growing population of both Parramatta and Greater Sydney.

Riverside Theatre Redevelopment Project

20. Council’s ‘A Cultural Plan for Parramatta’s CBD 2017-2022’ (Cultural Plan) recognises the important contribution the Riverside Theatre plays in Parramatta’s cultural identity and identifies the redevelopment of the theatre as a leading community priority.

21. The current Riverside Theatre building and facilities:

· do not satisfactorily meet current or expected future demand;

· do not have a positive and interactive relationship with Church Street, the new Parramatta Light Rail, or the eastern view of the river towards the MAAS development site;

· space restrictions which limit what populist and commercially viable events can be attracted; and overall

· does not support Parramatta’s transformation into a City enriched by its culture and creativity.

22. Key milestones and decision making of Council in relation to the redevelopment project are included below in Table 2.

Date	Milestone	Description
26 November 2018 Council Meeting	Council adoption of ‘Reimagining Riverside’ visioning document	Council adopted the ‘Reimagining Riverside’ visioning document to commence the redesign process and provide a clear vision for the theatre in its role as a hub of performance excellence that attracts talent and investment.
December 2019 – June 2021	Project scoping	Council considered a Joint Venture redevelopment proposal in 2018-9 with Create NSW but ultimately withdrew from the process with an internal Council project team then established to re-scope alternative Council led schemes between January and February 2021.
15 June 2021 Council Meeting	Council endorses the Parramatta CBD Planning Proposal to be submitted to Department of Planning and Environment for finalisation	Council endorsed the Parramatta CBD Planning Proposal (CBD PP) to be submitted to the Department of Planning and Environment for finalisation following the public exhibition process held from 21 September to 2 November 2020. The Council endorsed CBD PP included changes to the building height control for the Riverside Theatre site. More detail on the CBD PP is included below under ‘Parramatta CBD Planning Proposal’.
26 July 2021 Council Meeting	Council considers the Riverside Theatres Redevelopment Concept Proposal, and resolves to prepare concept design and budget commitments.	The Riverside Theatres Redevelopment Concept Proposal was presented to Council and addressed the core elements of the ‘Reimagining Riverside’ visioning document. Council resolved to progress the next stages of the concept proposal development, which was to explore concept design options, develop functional specifications, and validate cost estimates. Financial decisions were also made by Council at this meeting, including funding be committed to engaging specialist consultants to undertake the work required to progress the development of the Concept Proposal.
9 May 2022 Council Meeting	Council approves concept design and validation work, and resolves to progress to detailed business case and funding commitments.	Council approved the concept proposal validation work for the redevelopment of Riverside Theatres, which included a concept reference design and functional aspirations, and approved for the Riverside Theatre Redevelopment Project team to proceed with the development of a detailed business case, project plan and budget for Council’s review. Council committed to preparing for the launch of a Design Competition process to ensure the future architectural design delivers a world class building. Council also noted the project has a preliminary cost estimate of $175.4M, and approved a funding strategy to allow the project to proceed.

Table 2 – Key milestones in Riverside Theatre Redevelopment Project

23. Timeframes have also been assigned to funding allocations, and the Riverside Theatre Redevelopment Project team are progressing with a detailed business case and preparing for the next key milestones of the project, including the Design Excellence Competition.

Riverside Theatre Concept Reference Design

24. As outlined in Table 2, a concept reference design was adopted by Council on 9 May 2022. This concept reference design explored the building envelope needed to deliver on Council’s functional aspirations for the redevelopment of the Riverside Theatre, whilst responding to the draft planning controls contained within the Council endorsed Parramatta CBD Planning Proposal (see ‘Parramatta CBD Planning Proposal’ for more detail).

25. The concept reference design includes a hybrid redevelopment scheme with heights varying from approximately 13m along the riverfront and 28m towards Market Street. The concept includes the retention and upgrade of a portion of the existing facility (primarily the 700-seat riverside space) and demolishes the remainder of the existing site to construct a new state-of-the-art multi venue arts centre that fully integrates with the retained and upgraded theatre elements.

26. The concept reference design will be used as the basis for future detailed architectural design work, with the final detailed design being determined as part of a Design Excellence Competition process.

27. Figures 2 - 5 show the indicative building envelope from multiple perspectives, noting that the next phase of the redevelopment project will further embellish design features, building articulation, and integration with the public domain along the river foreshore. The perspectives are to provide Council and the community with an indicative form only.

Figure 2 – Concept design render looking north-east from Marsden Street bridge, Parramatta

Figure 3 – Concept design render looking north-west from Lennox bridge, Parramatta

Figure 4 – Concept design render looking south-west from corner of Church Street and Market Street, Parramatta

Figure 5 – Concept design render looking southeast from corner of Marsden Street and Market Street, Parramatta

Parramatta CBD Planning Proposal

Background

28. Initiated in 2013, the Parramatta CBD Planning Proposal (CBD PP) was a Council led planning proposal to support Parramatta’s transform as Sydney’s Central City.

29. The CBD PP proposed changes to the land use mix and built form controls within the PLEP 2011 to deliver 46,000 new jobs and 15,000 new dwellings over the next 40 years. New controls to support this growth and protect key elements that make a city liveable, sustainable, and productive were also proposed.

Parramatta CBD Planning Proposal (as endorsed by Council on 15 June 2021)

30. On 15 June 2021, Council endorsed the CBD PP to be submitted to the Department of Planning and Environment (DPE) for finalisation following the public exhibition process held from 21 September to 2 November 2020. The Council endorsed CBD PP included the land north of the river (i.e. North Parramatta)

31. The CBD PP proposed changes to the built form controls across the North Parramatta precinct (including the Riverside Theatre site). These changes were informed by specialist studies pertaining to urban design and heritage to help deliver appropriate built form outcomes that allow for new development whilst limiting additional overshadowing to key public spaces (including the Parramatta River Foreshore) and that achieved a suitable transition to sensitive areas such as Heritage Conservation Areas and Prince Alfred Park.

Parramatta CBD Planning Proposal (as finalised by DPE on 6 May 2022)

32. On 6 May 2022, DPE finalised the CBD PP via the making of Amendment No 56 to the Parramatta Local Environmental Plan 2011. The new provisions are not due to take effect until 14 October 2022 to allow for the draft Parramatta CBD Local Infrastructure Contributions Plan to be finalised.

33. As part of the finalisation process, DPE made some key policy changes to the CBD PP as adopted by Council on 15 June 2021. The policy change most relevant to the Riverside Theatre site was the removal of the land north of the Parramatta River (i.e. North Parramatta) from the CBD PP with the existing land use and built form controls to be retained.

34. The redevelopment of the Riverside Theatre as per Council’s concept design was contingent on the Council endorsed version of CBD PP being finalised. The Council adopted CBD PP established the height control needed to redevelop the theatre in line with the vision of Council - the removal of North Parramatta from the CBD PP by DPE puts the development timetable at risk.

35. Council considered its position on the changes made to the Council endorsed CBD Planning Proposal when the Minister finalised the plan at its meeting of 25 July 2022. The portion of the Council resolution relevant to North Parramatta and the subject site reads:-

“North Paramatta

(d) That Council write to the Minister for Planning and the Department:

(1) Seeking funding for a Study for North Parramatta that incorporates urban design, heritage and economic analysis and additional temporary staff to manage the project (estimated at up to $500,000).

(2) Advising that Council will not commence the Study until confirmation of funding and in-kind support has been provided.

(3) Seeking advice on how Council manage any new SSPPs lodged for sites north of the river prior to completion of the Study and associated plan amendment.

EXCEPTIONS

(e) Further, that Council note that new SSPPs for sites within any part of the CBD that do not:

1 seek any increase in FSR, or

2 seek to amend other planning controls that are being considered in the SEPP process(es) described in (c) above

will be processed by Council (examples include proposals for minor changes in height with no increase in FSR or changes to parking rates or land reservation acquisitions).”

36. The subject Site Specific Planning Proposal meets the criteria to be considered as an exception. Proceeding with this Planning Proposal ahead of the work proposed to review the controls for North Parramatta is consistent with Councils 25 July 2022 resolution.

DESCRIPTION OF PLANNING PROPOSAL

37. The Planning Proposal seeks the following amendments to the PLEP 2011:

a. Increase the Maximum Height of Building (HOB) from 15m to 28m.

b. Introduce a Site-Specific Clause that:

i. prevents new development generating any additional overshadowing to the Parramatta River Foreshore;

ii. requires active street and river frontages.

38. No changes are proposed to the land use zoning or FSR controls.

PLANNING PROPOSAL ASSESSMENT

39. The following section details Council’s assessment of the Planning Proposal based on strategic merit and site-specific planning issues. The Planning Proposal detailed in Attachment 1 provides a full assessment of the proposal’s consistency against relevant State Planning Policies and Ministerial Directions.

Strategic Merit

40. The redevelopment of the Riverside Theatre, as facilitated by this Planning Proposal, aligns with the overarching policy position across state and local planning frameworks to deliver a ’30-minute city’ where people can live, work, and recreate within 30 minutes of their home; and to deliver cities that are productive, livable, and sustainable.

41. The Planning Proposal will enable the efficient redevelopment of critical cultural infrastructure that service the local and broader communities. The expanded and diversified cultural offering will support the Parramatta CBD as a destination for entertainment, will help reduce the need for travel to the Sydney CBD, the eastern harbour city.

42. As detailed in Attachment 1, Council officers consider the Planning Proposal to be aligned with key state policies including the Greater Sydney Region Plan and the Central City District Plan; and key local policies including the Local Strategic Planning Statement, Cultural Plan, Community Infrastructure Strategy, and Parramatta CBD Planning Strategy.

Urban Design

Height

43. The Planning Proposal seeks an increase in height to provide a more flexible and appropriate building envelope that will enable the design concept for a modernised theatre, fit for purpose and demand, to be achieved.

44. Figure 6 shows the existing height map from the Parramatta LEP 2011. The increase in height from 15m to 28m is considered a suitable increase in context of the current permitted height of 36m on the eastern side of Church Street. The increase in 28m would result in a gradual stepping down of heights moving west, and as explained within this report, is a modest increase considering the site has existing building elements at 25m.

45. In addition, Figures 2 - 5 above show the intended building envelope of the concept design the Planning Proposal seeks to deliver. As seen in these figures, the concept design is for a building with taller and shorter elements across the site. In essence, the future built form will not result in a consistent 28m height across the site. The variation in height expression further demonstrates the low impact of the height increase.

Figure 6 – Existing height map from the Parramatta LEP

Floor Space Ratio

46. No changes are sought to the FSR control (i.e. density), therefore, the change will not result in greater yield than what is already permitted on the subject site. The Planning Proposal strictly addresses the envelope constraints of the current site in accommodating key theatre design elements (such as the fly tower) and deliver an upgraded theatre suitable for a diverse range of performing arts.

47. In addition, the prepared concept design that the Planning Proposal seeks to facilitate, has a Gross Floor Area (GFA) (for FSR calculation purposes) of approximately 10,000sqm. This is less than half of the GFA permitted on the site under the existing FSR of 3:1.

Overshadowing

48. The increase in HOB to 28m is considered a modest increase (particularly given the current theatre has building elements at 25m); and would deliver a height less than what would have been permitted under the CBD PP as the Council endorsed CBD PP included changes to the building height control for the Riverside Theatre site.

49. Whilst the existing LEP control contains a maximum building height in metres (i.e. 15m), the CBD PP proposed that a sun access protection clause be applied to govern the distribution of height across the site.

50. As adopted by Council, draft Clause 7.4 ‘Sun access protection’ (and the associated Sun Access Protection Map) required any new development on the site to be designed to prevent additional overshadowing to the southern side of the Parramatta River Foreshore between the hours of 12:00pm and 2pm.

51. The use of such a control would allow for the architectural design process to determine the future building height with the objective of protecting open space from additional overshadowing leading the process versus a prescribed control in metres (i.e. outcome driven design versus numerical control driven design).

52. Preliminary analysis by Council officers indicated that heights between 19m Relative Level (RL) at the riverfront and 60-70m (RL) at the Market St frontage could be achieved under the Sun Access Protection surface control. When the height of the sloping terrain (which approximately ranges between 4m (RL) at the riverfront and 8m (RL) at the Market St frontage) is subtracted from the RL heights an approximate measurement above ground level (existing) can be calculated. Based on the RLs above, a 15m height at ground level at the riverfront and 52-62m height at the Market Street frontage can be approximated.

53. The concept design included in Figures 2-5 reflect a height of approximately 13m along the riverfront and a height of 28m towards Market Street. Using the calculations above to get an approximate measure above ground level (existing), the concept design at 28m sits comfortably underneath the solar access protection plane (including any bonus from a Design Excellence competition process).

54. In summary, the CBD PP would have allowed for greater heights across the site (i.e. between 15m and 52-62m) and allowed for a substantially taller building envelope compared to the building envelope of the proposed concept design (where the tallest element is 28m) as shown in Figures 2-5.

55. The Planning Proposal seeks to introduce a 28m height control on the site in conjunction with a Site-Specific Clause requiring no additional overshadowing to the southern side of the Parramatta River Foreshore between the hours of 12:00pm and 2:00pm. These hours are consistent with the Council adopted policy position relating to additional overshadowing to the southern side of the river foreshore in the Council endorsed CBD PP.

56. It is important to acknowledge that the concept design to be delivered via the Planning Proposal exceeds the solar access protection requirements of the CBD PP by protecting solar access to the southern side of the river foreshore by an additional three hours compared to the Council adopted CBD PP. The concept design will not cause any additional overshadowing between the hours of 10:00am and 3:00pm. A series of shadow diagrams demonstrating this are included in Planning Proposal at Attachment 1.

57. Whilst the Planning Proposal will deliver greater solar access protection to the southern side of the river foreshore, for consistency with the CBD PP, the Planning Proposal seeks to retain what Council previously adopted with the draft wording for the Site-Specific Clause seeking to protect the foreshore from additional overshadowing from12:00pm to 2:00pm.

58. Draft wording for the Site-Specific Clause is based on the existing Sun Access Protection clause in the PLEP 2011, and is included below:

Notwithstanding the maximum Height of Building control shown on the Height of Buildings Map, development consent must not be granted to development on land to which this clause applies that results in any part of a building causing additional overshadowing, on 21 June in any year, on the Parramatta River Foreshore (Lot 102 DP 1259228, Lot A DP 333263, Lot 1 DP 788637, and Lot 1 DP 1247122) between 12.00 and 14.00.

59. The site will also be included on the Key Sites Map to enact the Site-Specific Clause, as explained within Part 4 of the Planning Proposal in Attachment 1.

60. The concurrent application of the height control and site-specific clause is the simplest way the update the LEP to implement the intent of the CBD PP, and provide the framework needed for the Riverside redevelopment to progress.

61. As demonstrated in this Council Report, and in Part 3 of the Planning Proposal in Attachment 1, the increase in height and resulting building envelope is considered to have an inconsequential impact on amenity, overshadowing, and overall bulk and scale; and is lower than the building height that would have resulted from the Council adopted CBD PP (as explained above in Paragraph 52 – 54).

Active frontages

62. The CBD PP introduced a clause to promote uses that attract pedestrian traffic along certain ground floor street frontages, public space frontages and river foreshore frontages. An Active Frontages Map identified the streets where active frontages were required, and therefore where the clause applied.

63. The site’s street frontages of Church, Market, and Marsden Street were included on the Active Frontages Map (as endorsed by Council). However, DPE’s removal of North Parramatta from the finalised CBD PP has resulted in the active frontage clause not applying.

64. For consistency with the Council endorsed CBD PP, a site-specific clause requiring active frontages is also proposed to ensure the ground floor of the future development engages with the surrounding streets and public domain. This will also need to be responded to as part of a future Design Excellence process.

Design Excellence

65. A Design Excellence Competition will be facilitated to guide the detailed reference design process for the site. The concept design will be used as the basis of the future design process. A 15% FSR bonus can be awarded to the winning design, bringing the maximum permitted height from 28m to 32m (i.e. 28m + 15%), which is still well below the height that could have been achieved if the CBD PP was finalised as adopted by Council.

Heritage

66. As outlined above under ‘Existing Planning Controls’, the site is adjacent to local and state heritage items including Lennox Bridge, Prince Alfred Square, and Marsden Rehabilitation Centre. These items were carefully considered as part of the specialist heritage studies completed as part of the preparation of the CBD PP.

67. These studies were carried out to help inform a suite of planning controls to allow renewal and some intensification of development, whilst still achieving a suitable transition to sensitive areas such as Heritage Conservation Areas and Prince Alfred Park and limiting additional overshadowing to key public spaces (including the Parramatta River Foreshore).

68. Specifically, the Hector Abraham heritage study of the interface areas for North Parramatta and the riverbank did not raise objection, or recommend any changes, to the application of the Solar Access Protection control and the likely resulting heights for the Riverside site when assessing the impact of the proposed controls on heritage values. This work formed part of the CBD PP package endorsed by Council on 15 June 2021 and sent to the DPE for finalisation in July 2021.

69. As the concept reference design has responded to the Solar Access Protection control of the CBD PP, the heritage assessment undertaken as part of the CBD PP is considered applicable and transferrable for this Planning Proposal.

70. As the concept design would deliver a height less than what the CBD PP could have delivered, Council officers consider the proposal to have even less of an impact on the surrounding area and heritage context. In addition, as discussed under ‘Urban Design’, the proposed height of 28m presents a modest increase given there are existing building elements at 25m, further limiting the heritage implications of the planning proposal.

71. Whilst the Planning Proposal is considered acceptable from a heritage perspective as outlined above, the Design Excellence process will need to respond to the unique heritage and archaeological context of North Parramatta and Old Government House to ensure the heritage values of the city continue to be celebrated and protected.

Flooding

72. Reflective of the site’s location adjacent to the Parramatta River, the site is flood affected. The entire site is located within the Probable Maximum Flood for the Upper Parramatta River, and the western side of the site is affected by the 100 year flood event

73. As detailed within this report, the Planning Proposal does not seek any changes to the FSR control (therefore, the change will not result in greater yield than what is already permitted on the subject site).

74. As the Planning Proposal is not intensifying development yield, and strictly addressing urban design considerations through the alteration of building height, Council officers consider this Planning Proposal to be consistent with Ministerial Direction 4.1: Flooding (that sits under Direction Focus Area 4: Resilience and Hazards).

75. Any future development on the site will need to respond to the Flood Risk Development Manual and the relevant controls contained within the PLEP 2011 and the Parramatta Development Control Plan 2011.

PLAN MAKING DELEGATIONS

76. Plan making delegations were announced by the then Minister for Planning and Infrastructure in October 2012 allowing councils to make LEPs of local significance. On 26 November 2012, Council resolved to accept the delegation for plan making functions, and for these functions be delegated to the Chief Executive Officer.

77. It is recommended that Council request to the Department of Planning and Environment to exercise its plan making delegations for this Planning Proposal. This means that after the Planning Proposal has received a Gateway Determination, complied with any conditions (including any requirements for public exhibition), Council officers can deal directly with the Parliamentary Counsel on the legal drafting and finalisation of the amendment to the LEP facilitated by this Planning Proposal.

78. This will support the efficient processing of the Planning Proposal, and in turn, the redevelopment of the Riverside Theatre. Council officers consider this suitable due to the nature and unique context of the change which are of local significance.

FINANCIAL IMPLICATIONS FOR COUNCIL

79. As discussed within Table 2, the redevelopment of the Riverside Theatre has spent Council monies in preparing the concept design and validation work. Council has also allocated funding to the delivery of the project.

80. Should Council wait for any future precinct wide review of North Parramatta, the project will be stalled, and considerations will need to be made in relation to the committed funds.

81. The Planning Proposal will help ensure the efficient progression of the redevelopment process, and the use of the committed funds to deliver this critical piece of infrastructure for the City of Parramatta.

CONCLUSION AND NEXT STEPS

82. Council officers recommend Council endorse the Planning Proposal in Attachment 1 to ensure the necessary planning controls are in place to allow the timely progression and redevelopment of the Riverside Theatre.

83. It is recommended that Council endorse, and forward, the Planning Proposal in Attachment 1 to the Department of Planning and Environment for a Gateway determination.

84. It is also recommended that Council request no public exhibition process to enable the efficient processing of the Planning Proposal. This is because the CBD PP exhibited controls to allow greater building heights, and as this Planning Proposal seeks a lower height and implements the amenity controls from the CBD PP, a public exhibition process is not considered necessary.

Sonia Jacenko

Land Use Planning Team Leader

Robert Cologna

Group Manager, Strategic Land Use Planning

Jennifer Concato

Executive Director City Planning and Design

Attachments:

1 ⇩

Planning Proposal - Land at 353A-353C Church Street and part of 351 Church Street, Parramatta (Riverside Theatre Site)

53 Pages

REFERENCE MATERIAL

Local Planning Panel 16 August 2022 Item 6.2

INNOVATIVE

ITEM NUMBER 6.2

SUBJECT Refusal of the Planning Proposal for land at 169 Pennant Hills Road, Carlingford

REFERENCE RZ/3/2022 -

APPLICANT/S Urbanism Pty Ltd

OWNERS Mr Lorenzo Biordi

REPORT OF Team Leader Land Use Planning

Development applications considered by Sydney central city planning panel Nil

PURPOSE

The purpose of this report is to seek the Parramatta Local Planning Panel’s advice to Council on a recommendation to refuse a Planning Proposal for land at 169 Pennant Hills Road, Carlingford.

RECOMMENDATION

The Parramatta Local Planning Panel consider the following Council Officer recommendation in its advice to Council:

(a) That Council refuse the Planning Proposal at 169 Pennant Hills Road, Carlingford for the following reasons:

i. The Planning Proposal is inconsistent with the Local Strategic Planning Statement as the site is not within the identified Carlingford Growth Precinct and the form of development proposed is incompatible with the low density character of the area.

ii. The Planning Proposal is inconsistent with the Local Housing Strategy as intensification of development along the Parramatta CBD to Epping Corridor is not required to meet existing housing targets.

iii. The Planning Proposal is premature given that the investigation into the potential Epping to Parramatta Mass Transit/Train Link has not yet commenced and the likely timeframe for new housing delivery associated with this infrastructure is post 2036.

iv. The proposed density and heights would result in an overdevelopment of the site, are inconsistent with the density and heights of nearby development, and are overbearing of nearby lower scale development.

(b) Further, that the applicant be advised of Council’s decision.

PLANNING PROPOSAL TIMELINE

OVERVIEW OF THE PLANNING PROPOSAL

1. On 26 April 2022, a Planning Proposal was lodged with Council by Urbanism to amend the planning controls applicable to 169 Pennant Hills Road, Carlingford, under the Parramatta (former The Hills) Local Environmental Plan 2012 to:

(a) Amend the ‘Land Zoning Map’ to change the land use from R2 Low Density Residential to R4 High Density Residential;

(b) Increase the maximum height of buildings from 9m to 20m; and

2. An aerial view of the subject site, outlined in yellow, is shown in Figure 1. The site is located on the northern side of Pennant Hills Road with a total site area of approximately 2,910m². The site is a vacant allotment.

3. The site has a state-controlled road immediately adjacent to the west (Pennant Hills Road), which is zoned SP2 Infrastructure. Vehicular access into the site is from Pennant Hills Road, with no slip lane provided. The site is approximately 50m from the nearest bus stop along Pennant Hills Road and approximately 1.2km from the Carlingford light rail station.

Figure 1: Aerial view of the subject site at 169 Pennant Hills Road, Carlingford.

4. An overview of the existing and proposed controls for the Planning Proposal are detailed in Table 1 below.

Table 1: Existing and proposed controls under the Planning Proposal

	Parramatta (former The Hills) Local Environment Plan 2012	Applicant’s Planning Proposal
Zoning	R2 Low Density Residential	R4 High Density Residential
Maximum Height of Building	Maximum Height of Buildings of 9m (2-3 storeys)	20m (6 storeys)
Maximum Floor Space Ratio (FSR)	No Maximum Floor Space Ratio	2.0:1

5. The Local Strategic Planning Statement (LSPS) identifies the subject site as being outside of the Carlingford Growth Precinct, but within the vicinity of the potential Parramatta CBD to Epping Mass Transit Corridor investigation area that is identified for the potential delivery of additional housing density beyond 2036 upon a commitment to fund the transport infrastructure (see Figure 2).

Figure 2: Extract from Local Strategic Planning Statement detailing Growth Precincts and Potential Mass Transit/ Rail Link.

6. The more detailed extract from the LSPS at Attachment 1 (LSPS Figure 24 - Structure Plan: An Overview of the Strategy) includes confirmation of the LSPS Principle to limit development along non-committed Mass Transit corridors.

EXISTING PLANNING CONTROLS UNDER PARRAMATTA (FORMER THE HILLS) LOCAL ENVIRONMENTAL PLAN 2012

7. The current zoning, floor space ratio and height controls that apply to the site are shown in Figures 4, 5 and 6 below.

Figure 4: R2 Low Density Residential under Parramatta (former The Hills) LEP 2012

Figure 5: No Maximum Floor Space Ratio under Parramatta (former The Hills) LEP 2012

Figure 6: Maximum Height of Building 9m under Parramatta (former the Hills) LEP 2012

COUNCIL OFFICER ASSESSMENT

8. An informal pre-lodgement meeting was held on 11 August 2021 between the applicant and Council Officers. The documents provided included a proposed building height of 22.5m (7 storeys) and floor space ratio of 2.4:1. No proposed zoning was suggested at the time of the meeting. During the meeting, the applicant was informed of Council Officer’s concerns with the proposal, particularly the inconsistency of the proposal with the LSPS, Local Housing Strategy (LHS) and existing character of the area, being predominantly low density residential.

9. The Planning Proposal (Attachment 2) was lodged in April 2022 and was accompanied by supporting evidence, including ‘Indicative Concept Plans’ prepared by JS Architects (Attachment 3). The Planning Proposal, including a supporting Traffic and Transport Study (Attachment 4), was referred to relevant sections of Council for comment to inform its assessment (including Urban Design and Traffic Management).

10. Review of the Planning Proposal has identified inconsistencies with the LSPS and the LHS as the site is located outside of the Carlingford Growth Area Precinct and has not been identified as being within a future growth precinct. The site is located within the Parramatta CBD to Epping Mass Transit Corridor which is identified in the LSPS to be preserved from intensification of development, pending the future investigation of the future transport corridor for potential higher density development upon a commitment to fund the transport infrastructure.

11. It has also been identified that the proposed density and heights would result in an overdevelopment of the site, inconsistent with the density and heights of nearby development and overbearing of existing nearby lower scale development within the locality. This would result in an unacceptable conflict with the existing character of the area and would unduly impact on the amenity of surrounding residences.

12. Discussions have been held with the Applicant regarding Council Officer continuing concerns that the scale of development proposed is not compatible with the character of the area and that high density development could only be considered for the site when future strategic planning work examines the potential of the wider corridor for development post-2036, as is identified in the LSPS and LHS.

13. The following sections consider Council Officer key concerns regarding the Planning Proposal in more detail.

Inconsistency with the Existing Strategic Planning Framework

14. The LSPS and LHS do not support the delivery of high density development along the potential Parramatta CBD to Epping Mass Transit Corridor given the current program for investigating the potential for higher density development in the corridor area has not yet commenced and is not required to deliver new dwellings until beyond 2036. Both policies are aligned with the key objective of requiring the delivery of State and local infrastructure to support the intensification of development along potential corridors. The LSPS and LHS also note that such housing delivery is not needed before that time to meet agreed City of Parramatta housing delivery targets.

15. The key long term strategic transport planning policy that sets the context for the consideration of the Parramatta CBD to Epping Mass Transit Corridor is Transport for NSW’s Future Transport 2056. That Plan provides a 40 year vision identifying city-shaping transport projects that will, in the long term, improve accessibility to jobs and services, and act as a stimulus for additional housing supply. It therefore helps set the long term framework for the planned release of already developed low density urban land for higher density development, so that it takes place in a planned and coordinated manner to enable an orderly transition to a new type of local built form and in doing so minimises the impacts of the associated changes in local character. Future Transport 2056 identifies the Parramatta to Epping Mass Transit/Train Link as a future project to be investigated during the period 2026-2036.

16. The LHS seeks to ensure that State and local infrastructure will support projected levels of growth. The LHS makes it clear that greater density should only be supported if there is provision of committed supporting infrastructure. The LHS confirms that there is no identified need to plan to permit additional density on the subject site above that enabled by the current planning controls, prior to the investigation of the potential future development capacity of the Parramatta to CBD Mass Transit Corridor during the period to 2036, as Council has already identified sufficient land to meet its new dwelling targets under the Central City District Plan and LHS for the period to 2036.

17. The Department of Planning and Environment (DPE), through the Central City District Plan and the LHS, provides an “Implied Dwellings Targets” for the City of Parramatta of 77,000 new dwellings for the period to 2036. Council’s LHS, that has been approved by DPE, notes that already identified new housing sites will enable new housing supply that exceeds the implied dwelling target utilising the current development capacity within existing growth precincts, identified future growth precincts and through urban renewal within existing low density zoned areas. Details of the projected housing supply for the period to 2036 are provided in Table 2.

Table 2: How the City of Parramatta is meeting its dwelling targets under the Central City District Plan – extract from Local Housing Strategy.

18. It is also important to note that the LSPS, when considering the issue of Local Character (Section 3.1.5) notes that:

While the majority of our planned housing growth will occur in an identified corridor between Greater Parramatta and Olympic Park (GPOP) and also Epping, the areas to the north of GPOP generally comprising Toongabbie, Winston Hills, North Rocks, Epping and parts of North Parramatta, Carlingford, Beecroft, and Eastwood, comprise low density residential uses which are typically zoned R2 Low Density Residential zone.

These existing suburbs have high levels of urban amenity and character, and also provide a diversity of housing offer in the LGA. Importantly, these suburbs also provide for a significant amount of our existing urban tree canopy.

These areas are to be protected from further encroachment of high density development.

19. The subject site is located in Carlingford, an areas zoned R2 Low Density Residential that is referred to in this part of the LSPS and therefore directly conflicts with the approach adopted in the LSPS and LHS of protecting such areas from encroachment of high density development.

20. It should also be noted that the City of Parramatta Council is actively working and on track to ensure that sufficient new housing is delivered to meet the identified targets. The NSW Government press release at Attachment 5 states that during the period from 1 July 2021 to 30 June 2022 City of Parramatta Council was the top local government area (LGA) in the state for rezoning in approving 12,282 new dwellings and the third highest LGA for dwelling approvals for 8,633 new dwellings.

Impact on Local Character and Amenity

21. The Planning Proposal would result in an increase in density on the site that would not result in acceptable impacts or appropriate transitions between the proposed R4 High Density Residential zone and the surrounding R2 Low Density Residential zoned land. The existing character of local development is predominately two storey town houses and detached dwellings on varying lot sizes. The proposed increase in building height from 9m (2-3 storeys) to 20m (6 storeys) would result in development that is over twice the height of any of the surrounding dwellings and would unduly impact on neighbourhood amenity by way of out of character building scale, overshadowing and overbearing of surrounding low density residential development.

Figure 7: Indicative Photomontage from Indicative Concept Plans

22. The Hills Development Control Plan (HDCP) 2012 that applies to the land includes site-specific controls in relation to setbacks, landscaping, unit floor area, open space and car parking. Assessment of the indicative concept plans submitted with the proposal has established that the Planning Proposal would not comply with these current controls that apply to residential apartment buildings within R4 High Density Residential zoned land. The relevant controls are summarised in Table 3 below.

Table 3: Indicative concept plans compliance with The Hills Development Control Plan (HDCP) 2012

Control	Compliance
Front boundary setback of 10m from a classified road	No
Minimum internal floor area of units - 75m2 for 1 bedroom units - 110m2 to 2 bedroom units 135m2 for 3 bedroom units	No
Landscaping area of 30% of the site	No
A minimum of 50% of the site shall be provided with landscaping areas, exclusive of access driveways and parking	No
Where basement car parking is proposed a minimum of 30% of the developed site must be capable of deep-rooted planting	No
Car parking provided in accordance with the DCP	No

23. It has also been identified that the calculated gross floor area within the proposed concept plan envelopes are lower than the proposed floor space ratio of 2.0:1. As a result the requested floor space ratio would not be achieved without a request for even greater additional height (approximately 1-3 metres) above the proposed 20m height limit.

24. Review of the Planning Proposal has also raised the following traffic and transport related concerns:

· Pennant Hills Road is a classified road that is currently congested and does not have the capacity to cater for an increase in development density above the permitted density of the Carlingford growth precinct. In particular the section of Pennant Hills Road between Jenkins Road and Moseley Street is currently at capacity with the current level of development that is permitted within the area.

· Parking rates provided within the concept plans do not meet the requirements of The Hills Development Control Plan (HDCP) 2012 based on the proposed unit mix within the indicative concept plans.

25. In summary, the Planning Proposal fails to demonstrate any need for the proposal to proceed in advance of a strategic investigation of the development potential of the site in conjunction with a review of the potential of the wider area, and also fails to demonstrate that detailed issues associated with the impact of high density development on the site on the amenity of the surrounding area would be adequately addressed. The detailed impacts arising from the proposed form of high density development that would be surrounded by existing low density residential development highlight the need for a more extensive analysis to be carried out of the wider area before such a significant change in permissible density can be considered for introduction into this established low density residential area.

26. The recently established local strategic planning framework comprising the LSPS and LHS has shown that Council has actively worked to identify sufficient land to meet its projected needs for the period to 2036 and there is therefore no need to bring forward additional sites for development in an unplanned and uncoordinated way as would be the case if the Planning Proposal was to proceed. Recently released figures for dwelling rezoning and development application approvals within the LGA demonstrate that Council is continuing to work to deliver new dwellings for the community in a planned and coordinated manner in locations where the new development is supported by necessary infrastructure upgrades.

27. The Planning Proposal would not be consistent with Council’s State Government endorsed planned approach to delivering new housing to meet local needs. As a result, the Planning Proposal is premature and should not be progressed. The future development of the site should only be considered in a strategically coordinated manner, in conjunction with the wider area, to examine its potential role in meeting future housing demand so that any changes to the character of the area are properly managed.

PLAN MAKING DELEGATIONS

28. The recommendation to the Parramatta Local Planning Panel is for the Planning Proposal to not be supported for the purposes of seeking a Gateway Determination. As a result, Council is not seeking plan making delegations.

FINANCIAL IMPLICATIONS FOR COUNCIL

29. There are no financial implications for Council in the consideration of this matter.

CONCLUSION

30. Council Officers have assessed the Planning Proposal and have determined that it should not be supported as it is inconsistent with the well-established local strategic planning framework that has been endorsed by Council and the DPE. That framework does not support any increase in the density of development in the Parramatta CBD to Epping Mass Transport corridor until a study has been carried out, and identifies that development is not needed in that area to meet housing supply targets for the period to 2036. If the proposal was to proceed at present it would result in an overdevelopment of the site that would be inconsistent with the character of the surrounding area and would have a detrimental impact on neighbourhood amenity.

NEXT STEPS

31. It is recommended the Parramatta Local Planning Panel support the Council Officer recommendation that the Planning Proposal (Attachment 2) not be supported for the purposes of seeking a Gateway Determination.

32. Following the Parramatta Local Planning Panel’s consideration of the recommendations of this report, the matter will be reported to an upcoming Council meeting along with the Panel’s advice.

33. Should Council decide to not support the Planning Proposal, the proponent may choose to lodge a rezoning review with the DPE on the basis that Council has notified them in writing that it does not support the proposal, or because the Planning Proposal has exceeded the 90 day assessment timeframe.

34. If a rezoning review is lodged, the DPE will notify Council and will request information as part of the rezoning review process.

Belinda Borg

Team Leader Land Use Planning

David Birds

Group Manager, Major Projects and Precincts

Jennifer Concato

Executive Director City Planning and Design

Attachments:

1 ⇩	Figure 24 extract from LSPS	2 Pages
2 ⇩	Planning Proposal Report	42 Pages
3 ⇩	Urban Design Report & Indicative Plans	33 Pages
4 ⇩	Traffic and Transport Study	23 Pages
5 ⇩	NSW Government Media Release on Housing Targets	2 Pages

REFERENCE MATERIAL