MINUTES OF THE Local Planning Panel HELD VIA AUDIO-VISUAL MEANS ON Tuesday, 16 August 2022 AT 3:30pm
PRESENT
Julie Walsh (Chairperson), Richard Thorp, Alison McCabe and Maree Turner.
ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND
The Chairperson acknowledged the Burramattagal people of The Dharug Nation as the traditional land owners of land in Parramatta and paid respect to their ancient culture and to their elders past, present and emerging.
WEBCASTING ANNOUNCEMENT
The Chairperson advised that this public meeting is being recorded. The recording will be archived and made available on Council’s website.
APOLOGIES
There were no apologies made to this Local Planning Panel.
DECLARATIONS OF INTEREST
There were no declarations of interest made to this Local Planning Panel.
Reports - Development Applications
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5.1 |
SUBJECT PUBLIC
MEETING:
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
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The Panel considered the matter listed at Item 5.1 and attachments to Item 5.1.
Public Forum
1. Ross Baker spoke against the report recommendation to approve the development application.
2. John Deller spoke against the report recommendation to approve the development application.
3. Thomas West from DFP Planning spoke in favour of the report recommendation to approve the development application and answered questions from the Panel in relation to the development application.
4. Sam Perera from Fernway Engineering spoke in favour of the report recommendation to approve the development application and answered questions from the Panel in relation to the development application.
5. Rev Dr Raj Gupta from St Paul’s Anglican Church answered questions from the Panel in relation to parking on Trigg Avenue.
6. David Kettle from DFP Planning answered questions from the Panel in relation to the Plan of Management.
7. Shayne Evans from Stanton Dahl Architects was available to answer questions from the Panel in relation to the development application.
8. Philip Gunning from St Paul’s Anglican Church was be available to answer questions from the Panel in relation to the development application.
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(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 in Attachment 1, with the following amendments;
1. Deletion of Condition 51;
2. Deletion of “in the Station Plaza” in Condition 60;
3. Condition 63 – Delete “Sunday before Christmas Eve and Christmas Day only: 07:30 am to 01:00 am” and replace with;
“Only on the Sunday before Christmas Day, and Christmas Eve: 07:30 am to 01:00 am”. NOTE: Should the Sunday before Christmas day, and Christmas Eve coincide on the same day, then only one Christmas service shall occur that year.
4. Amendment of Condition 64 by inserting the following at the end of the first sentence:
“unless otherwise specified in these conditions of consent.”
And by inserting the following as the second sentence:
“The approved Plan of Management is to be amended as follows:
a) Delete these words in the first sentence of clause 14 : “If in the future the number of attendees does grow towards the proposed 550 on a Sunday morning”;
b) Insert at the end of clause 14 (e) “and not park on Trigg Avenue”;
c) Amend Clause 23 to include a requirement for the church to provide contact details (phone and email) of a designated person for the lodgment of complaints and a programme for advising the community of this.”
(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 generally satisfies the requirements of all applicable planning framework.
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. The amenity impacts can be appropriately managed.
5. For the reasons given above, approval of the application is in the public interest.
The Panel decision was UNANIMOUS. |
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5.3 |
SUBJECT PUBLIC
MEETING
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
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The Panel considered the matter listed at Item 5.3 and attachments to Item 5.3.
Public Forum
1. Simon Brownlow spoke in favour of the report recommendation to refuse the development application.
2. David Conway spoke in favour of the report recommendation to refuse the development application.
3. Shivanthan Balendra spoke in favour of the report recommendation to refuse the development application.
4. Kenneth Hollyoak from TTPP Transport Planning spoke against the report recommendation to refuse and answered questions from the Panel in relation to the development application.
5. Giovanni Cirillo from Planning Lab spoke against the report recommendation to refuse the development application.
6. Joe El-sabbagh from Design Corp Architects was available to answer questions from the Panel in relation to the development application.
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(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.
4. The site is unsuitable for the proposed development, having regard to the traffic and parking issues.
5. The acoustic mitigation measures in the form of 2.1 to 2.5 metre high barriers on lot boundaries are not compatible with the character of the surrounding low density residential area.
The Panel decision was UNANIMOUS. |
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5.4 |
SUBJECT OUTSIDE PUBLIC MEETING
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
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The Panel considered the matter listed at Item 5.4 and attachments to Item 5.4.
Public Forum
1. Aaron Sutherland from Sutherland & Associates Planning answered questions from the Panel in relation to the development application.
2. James McCarthy Architect from Turner was available to answer questions from the Panel in relation to the development application.
3. Greg Colburn Architect from Combined Projects was available to answer questions from the Panel in relation to the development application.
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The Panel refuses the application for the following reasons;
(a) The Panel is not satisfied that compliance with clause 4.3 (building height) and clause 4.4 (floor space ratio) of the Parramatta Local Environmental Plan 2011 ( “the LEP”) is unreasonable or unnecessary in the circumstances and it is not satisfied that there are sufficient environmental planning grounds to justify contravening these development standards; and
(b) The applicant’s written request has not adequately addressed the matters required to be addressed under clause 4.6 (3) of the LEP; and
(c) The development is not in the public interest because it is not consistent with the objectives of clause 4.3 (height of buildings) and clause 4.4 (floor space ratio) of the LEP and the objectives for development in the B4 Mixed Use zone.
The Panel decision was UNANIMOUS. |
Innovative
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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 – D08524695
APPLICANT/S City of Parramatta
OWNERS City of Parramatta
REPORT OF Team Leader Land Use Planning
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The Panel considered the matter listed at Item 6.1 and attachments to Item 6.1.
There were no public forum submissions for Item 6.1.
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The Parramatta Local Planning Panel provides the following advice;
(a) The Panel is supportive of the recommendation that Council seek a Gateway Determination from the Department of Planning and Environment, for 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) The Panel is of the view that Planning Proposal should be publicly exhibited in the usual manner.
(c) The Panel in supporting the progression of the Planning Proposal had regard to the existing policy framework heights adjacent to Prince Alfred Square.
The Panel decision was UNANIMOUS. |
The meeting terminated at 5:57 pm.
Chairperson