Agenda of Local Planning Panel - Wednesday, 17 August 2022

Local Planning Panel 17 August 2022 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT OUTSIDE PUBLIC MEETING: 51 Railway Street, GRANVILLE NSW 2142 (Lot A DP 324641)

DESCRIPTION Demolition and construction of a 5 storey residential flat building containing 4 units and basement parking.

REFERENCE DA/880/2021 - D08603781

APPLICANT/S Zed Corp Developments

OWNERS Railway 51 Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 14 july 2022

REASON FOR REFERRAL TO LPP

The application is referred to the Parramatta Local Planning Panel (PLPP) as the proposal seeks a variation to the applicable building height to the site in excess of 10%.

EXECUTIVE SUMMARY

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

Site and Proposal

The proposed development includes the following components:

1. Enabling works which comprise:

a. Demolition of all existing structures on site

2. Construction of a five (5) storey residential flat building

a. 4/5 storey residential building fronting Railway Street and Marsden Street

b. Four (4) units (1 unit ground floor, level 1, Level 2 & Level 3)

c. Basement parking with access from Railway Street

d. Five (5) residential car parking spaces (1 accessible)

e. Rooftop communal open space

3. Site works and landscaping

The site is zoned R4 High Density Residential under the Parramatta Local Environmental Plan 2011. The proposed works are permissible with consent in the zone.

Contextually, the site is located within an R4 High Density Residential zone characterised by legacy developments. Adjoining the subject site to the north (side) and east (side) are existing 3 storey residential flat buildings. Directly opposite the site to the west are single storey detached dwelling houses and to the south is the Great Western highway.

Although there are dwelling houses in the area the housing stock primarily consists of multi-unit housing.

Notification

The application was notified in accordance with Council’s consolidated notification procedures. In response, no submissions were received.

Assessment

The proposal includes variations to two development standards:

LEP 2011	Control	Proposed	Variation
Cl 4.3 Height	15m	17.6m	17.3%

It is considered that the application fails to address key issues related to flooding, bulk and scale. It is further noted that the proposed variation to Clause 4.3 is sought by way of an architectural roof feature which is not considered applicable.

The additional increase in height brought by the non-compliant residential amenity and flooding impacts would serve to weaken the existing precedence within the locality, being that all development within vicinity of the subject site maintain a compliant building height and achieves residential amenity requirements.

The objectives of the building height standard seek to introduce numerical standards for the suitable transition in building height amongst zones and precincts with reference to objectives (a), (b)&(c) of Clause 4.3 of the Holroyd Local Environmental Plan 2013. The proposed development fails to produce a quality development outcome that adheres to the existing and envisaged building heights within surrounding locality.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel not support the variation to Clause 4.3 Height of Buildings, pursuant to Clause 4.6 of the Parramatta Local Environmental Plan 2011.

(b) Further, that the Parramatta Local Planning Panel, exercising the functions of Council, pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, refuse development consent to DA/880/2021 for the demolition of existing structures and construction for a 5-storey residential flat building containing 4 units and basement parking on land at No.51 Railway Street, Granville.

REASONS FOR REFUSAL

1. State Environmental Planning Policy 65 – Design Quality of Residential Flat Development

a) The proposed development is inconsistent with the following provision of SEPP 65 – Design Quality of Residential Flat Buildings:

1. Part 3 Siting the development

· Communal Open Space

2. Part 4 Designing the building

· Apartment size and layout

· Private open space and balconies

· Storage

Section 4.15 (1)(a)(i) of Environmental Planning and Assessment Act 1979

2. Holroyd Local Environmental Plan 2013

a) The proposed development is inconsistent with the following provisions of Holroyd Local Environmental Plan 2013:

1. Clause 4.3 – Height of buildings

2. Clause 4.6 – Exceptions to development standard

3. Clause 5.6 – Architectural Roof Features

4. Clause 5.21 – Flood Planning

5. Clause 6.2 – Earthworks

Section 4.15 (1)(a)(i) of Environmental Planning and Assessment Act 1979

3. Holroyd Development Control Plan 2013

a) The proposed development is inconsistent with the following provisions of Holroyd Local Environmental Plan 2013:

Part A – General Controls

1. 2 – Roads and Access

2. 3 – Car Parking

3. 6 – Soil Management

4. 7 – Stormwater Management

5. 8 – Flood Prone Land

6. 10 – Safety and Security

7. 12 – Services

Part B – Residential Controls – 6. Residential Flat Buildings

1. 6.1 – Lot Size and Frontage

a. Frontage

b. Site Coverage

2. 6.3 – Setback and Separation

a. Front setback

3. 6.4 – Height

4. 6.6 – Open Space

a. Communal Open Space

5. 6.7 – Building Appearance

a. Facades

b. Roof Design

6. 6.12 – Facilities and Amenities

7. Cut and Fill

Section 4.15 (1)(a)(iii) of Environmental Planning and Assessment Act 1979

4. Likely impacts

a) The proposed development does not adequately address residential amenity, would be impacted by environmental site constraints and act as a precedent undesirable for the surrounding locality.

Section 4.15 (1)(b) of Environmental Planning and Assessment Act 1979

5. Suitability of the site

a) Due to flood affection the proposed development would not be suitable for the subject site. It is further noted that the Clause 4.3 variation is not supported as it would be inconsistent relative to existing and approved residential flat buildings surrounding the subject site.

Section 4.15 (1)(c) of Environmental Planning and Assessment Act 1979

6. Public Interest

a) The proposed development represents a design that would result in an undesirable precedent and as such would not be in the public interest.

Section 4.15 (1)(e) of Environmental Planning and Assessment Act 1979

Albert Dzang

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	37 Pages
2 ⇩	Locality map	1 Page
3 ⇩	Architectural plans used during assessment	9 Pages
4	Internal plans used during assessment (confidential)	8 Pages
5 ⇩	Clause 4.6 - Building Height (Clause 4.3)	20 Pages

REFERENCE MATERIAL

Local Planning Panel 17 August 2022 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT OUTSIDE PUBLIC MEETING: Silverwater Road, SYDNEY OLYMPIC PARK NSW 2127 (sign is located between Clyde Street and Parramatta River)

DESCRIPTION Digital conversion of the existing static advertising sign. The application is being re-advertised to reflect the correct property address.

REFERENCE DA/247/2022 - D08602867

APPLICANT/S JCDecaux Australia Holdings Pty Ltd

OWNERS Sydney Olympic Park Authority

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 4 July 2022

REASON FOR REFERRAL TO LPP

In accordance with the Environmental Planning and Assessment Act, 1979, Section 9.1 – Directions by the Minister, this application is reported to the Parramatta Local Planning Panel for determination as the proposed development is on Council owned land.

EXECUTIVE SUMMARY

Development Application DA/247/2022 was lodged on 25 March 2022 for the digital conversion of the existing static advertising sign on land at Silverwater Road, Sydney Olympic Park, where the sign is located between Clyde Street and Parramatta River.

The application is made pursuant to State Environmental Planning Policy Industry and Employment 2021 which regulates signage, provides consents, and regulates the display of advertising in transport corridors, and ensures that public benefits may be derived from advertising in and adjacent to transport corridors.

Development Application DA/247/2022 was lodged with Council on 25 March 2022. Therefore, this application is subject to the SEPP Industry and Employment 2021.

SITE & LOCALITY

The subject site is located at Silverwater Road, Sydney Olympic Park. The property description is Part of DP262179. The site is located on the southern side of the Parramatta River, east of Silverwater Road and Bridge. The site is zoned SP2 – Road Infrastructure. The surrounding properties are zoned RE1 – Public Recreation and IN1 – General Industrial, with the Parramatta River located to the north of the site which is zoned both W1 – Natural Waterway and W2 – Recreational Waterway. The subject site currently accommodates a pole-mounted sign, which can be viewed from Silverwater Road from the north and south. The existing sign is located within a public car park associated with the Silverwater Boat Ramp and at its base, is surrounded by existing vegetation lining Silverwater Road.

To the east of the site, construction has commenced for the NSW Cricket Centre of Excellence, a multi-storey facility. Further to the east of the site is the Silverwater Correctional Complex, a State Significant Heritage Item.

CONSULTATION

The application was notified between 5 April 2022 and 22 April 2022, in accordance with Parramatta Council’s notification procedures. The application was then renotified between 14 April 2022 and 4 May 2022 to reflect the correct property address. In response no submissions were received.

RECOMMENDATION

That the Parramatta Local Planning Panel, exercising the functions of Council, pursuant to Section 4.17 of the Environmental Planning and Assessment Act, 1979, grant development consent to DA/247/2022 for a period of five (5) years within which physical commencement is to occur from the date on the Notice of Determination, subject to conditions of consent.

REASONS FOR APPROVAL

1. The development is permissible subject to existing use rights in accordance with Division 4.11 of the Environmental Planning and Assessment Act, 1979.

2. The development will replace static advertising signage with LED signage and is consistent with the relevant provisions of SEPP – Industry and Employment 2021 and Auburn LEP 2010.

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

4. The proposed development will not have any unacceptable impacts on surrounding development.

5. For the reasons given above, and given that the proposal has attracted no objections, approval of the application is in the public interest.

Felicity Lam

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report and Draft Conditions	27 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	3 Pages

REFERENCE MATERIAL

Local Planning Panel 17 August 2022 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT OUTSIDE PUBLIC MEETING: Junction Street, SILVERWATER NSW 2128 (adjacent to the Northern side of M4 Motorway)

DESCRIPTION Digital conversion of the existing static advertising sign at Junction Street, Silverwater overhanging the M4 Motorway.

REFERENCE DA/273/2022 - D08602876

APPLICANT/S Cody Outdoor Advertising

OWNERS City of Parramatta Council

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 4 July 2022

REASON FOR REFERRAL TO LPP

In accordance with the Environmental Planning and Assessment Act 1979, Section 9.1 – Directions by the Minister, this application is reported to the Parramatta Local Planning Panel for determination as the proposed development is on Council owned land.

EXECUTIVE SUMMARY

Development Application DA/273/2022 was lodged on 5 April 2022 for the digital conversion of the existing static advertising sign on land at Junction Street adjacent to the Northern side of M4 Motorway.

Development Application DA/273/2022 was lodged with Council on 5 April 2022. Therefore, this application is subject to the SEPP Industry and Employment 2021.

The application was notified between 19 April 2022 and 4 May 2022, in accordance with Parramatta Council’s notification procedures. In response no submissions were received.

SITE & LOCALITY

The subject site is located on Junction Street, adjacent to the M4 Motorway to the south. The current property description is part of Lot 2 in DP1007079, which is owned by Transport for NSW. The site is located on the eastern side of Junction Street, north of the M4 Motorway. The existing sign sits by a large industrial zoned site identified as Lot 1 in DP713708.

The site is zoned IN1 – General Industrial.

The surrounding properties are also zoned IN1 – General Industrial, with SP2 – Infrastructure zoning to the south of the site accommodating the M4 Motorway. Further from the site, zonings consist of W1 – Natural Waterway, IN3 – Heavy Industrial, B6 – Enterprise Corridor and small pockets of RE1 – Public Recreation. The nearest residential land is located 450m to the south of the site, on the opposite side of the M4 Motorway, whilst the nearest residential land on the same side of the Motorway, is separated from the site by over 600m of industrial land use.

The subject site currently accommodates an existing static pole-mounted sign, which can be viewed from the M4 Motorway from the east and west. The existing sign is located to the east of Junction Street, surrounded by existing vegetation at its base.

The site is surrounded by general industrial land uses.

CONSULTATION

The application was notified in accordance with Parramatta Council’s notification procedures. In response no submissions were received.

RECOMMENDATION

That the Parramatta Local Planning Panel, exercising the functions of Council, pursuant to Section 4.17 of the Environmental Planning and Assessment Act 1979, grant development consent to DA/273/2022 for a period of five (5) years within which physical commencement is to occur from the date on the Notice of Determination, subject to conditions of consent.

REASONS FOR APPROVAL

1. The development is permissible subject to existing use rights in accordance with Division 4.11 of the Environmental Planning and Assessment Act 1979.

2. The development will replace static advertising signage with LED signage and is consistent with the relevant provisions of SEPP – Industry and Employment 2021 and Auburn LEP 2010.

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

4. The proposed development will not have any unacceptable impacts on surrounding development.

5. For the reasons given above, and given that the proposal has attracted no objections, approval of the application is in the public interest.

Felicity Lam

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report and Draft Conditions	27 Pages
2 ⇩	Plans used for assessment	8 Pages
3 ⇩	Locality Map	1 Page

REFERENCE MATERIAL

Local Planning Panel 17 August 2022 Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER 5.4

SUBJECT OUTSIDE PUBLIC MEETING: 2-8 Thackeray Street, CAMELLIA NSW 2142 (Lot 23 in DP 874055)

DESCRIPTION Construction of a food storage tank with connecting walkway and access stairway to roof within an existing licenced food biomass waste-to-energy (Composting and Electricity Generation) facility.

REFERENCE DA/302/2022 - D08603590

APPLICANT/S Mecone

OWNERS Tanert Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 17 August 2022

REASON FOR REFERRAL TO LPP

This application is referred to the Parramatta Local Planning Panel as a variation of greater than 10% is sought to Clause 4.3 – Building Height under the Parramatta Local Environmental Plan 2011.

EXECUTIVE SUMMARY

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

Site

The subject site currently accommodates a composting and electricity generation facility. The subject site is located to the east of Grand Avenue and Thackeray Street crossing. The access to the site is provided from both street frontages and number of parking spaces are provided on the site.

The site and the surrounding properties are zoned IN3 Heavy Industry. A number of heavy industrial land uses are located within the immediate surrounding of the subject site. The Parramatta River is located to the north of the site. The site is located within the Camelia and Rydalmere strategic precinct.

Proposal

The application proposes construction of a food storage tank with connecting walkway and access stairway to roof within an existing licenced food biomass waste-to-energy (Composting and Electricity Generation) facility.

Assessment

In accordance with the requirements contained within Appendix 1 of Council’s Community Engagement Strategy, owners and occupiers of adjoining and surrounding properties were given notice of the application between 28 April 2022 to 12 May 2022. In response, no submissions objecting to the proposal were received.

Council’s Development Engineer, Landscape and Tree Management Officer, Traffic and Transport Officer, Infrastructure Officer, and Environmental Health Officer – (General Waste, Acoustic and Contamination) supported the development proposal, subject to appropriate conditions.

The proposed development is generally consistent with the requirements of both Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011, with the exception of a variation to the maximum height. A written request to vary the maximum building height was received.

After consideration of the development against the relevant statutory and policy provisions, the proposal is suitable for the site and is in the public interest.

RECOMMENDATION

(a) That, the Parramatta Local Planning Panel, exercising the functions of Council, pursuant to Section 4.17 of the Environmental Planning and Assessment Act 1979, grant development consent to DA/302/2022 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) 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:

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

2. The applicant has provided sufficient environmental planning ground to warrant departure of the building height control in the circumstances of this case.

REASON FOR APPROVAL

1. The development is permissible within the IN3 zone and satisfies the requirements of all of the applicable planning controls;

2. A written request to vary the building height has been received. The variation sought is not substantial and it 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 IN3 zone in which the development is proposed to be carried out;

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

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

Sumitava Basu

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report and Draft Conditions	31 Pages
2 ⇩	Locality map	1 Page
3 ⇩	Plans used for assessment	10 Pages
4 ⇩	Statement of Environmental Effects	36 Pages
5 ⇩	Clause 4.6 Variation Request	13 Pages
6 ⇩	Waste Management Plan	11 Pages
7 ⇩	Environment Protection Licence (EPL)	23 Pages
8 ⇩	Annual Fire Safety Statement	12 Pages

REFERENCE MATERIAL

Local Planning Panel 17 August 2022 Item 5.5

DEVELOPMENT APPLICATION

ITEM NUMBER 5.5

SUBJECT OUTSIDE PUBLIC MEETING (DEFERRED):
125-129 Arthur Street, PARRAMATTA (Lots 5, 6 & 7 DP 27997)

DESCRIPTION ADDENDUM REPORT: Section 4.55(2) Modification to DA/776/2014 for the demolition of existing buildings, tree removal and construction of a Part 4, 6 and 7 storey residential flat building comprising 64 dwellings and basement car parking.
The modification seeks to increase the building height by 300mm, amend the layout of the basement, ground floor and first floors, changes to the unit mix, provision of a padmount substation, and amendments to services.

REFERENCE DA/776/2014/C - D08631473

APPLICANT/S Ghazi Al Ali Architect

OWNERS S & A Property Holdings Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT

REASON FOR REFERRAL TO LPP

The Parramatta Local Planning Panel previously considered this modification application on 19 April 2022. The Panel deferred the determination of the modification application for the following reasons:

That the consideration of this matter be deferred for a further report.

The panel is concerned that the proposed modification will impose complicated duties upon new home owners to deal with serious and likely flood impacts. The panel finds it unusual for a building that is fully residential and believes that the use of the flood inundated areas should not be residential. The manner of shelter provided is also of concern, the panel needs to know what type of shelter needs to be provided e.g. will there be toilets, lifts, access, running water and sufficient room. In light of recent flooding in Sydney Metropolitan area and particularly in Parramatta, the Panel believes that tighter controls and much earlier identification of the duties required of home owners should be given e.g. by a covenant on title that warns prior to purchase.

The Panel believes that there should be a new suite of additional conditions addressing four matters;

a) The manner in which future purchasers are alerted to flooding risks of the building or site

b) The requirements and duties of the residents and flood wardens associated with the detailed Site Emergency Response Flood Plan

c) The need for expenditure for ongoing monitoring and maintenance of the flood management infrastructure;

d) The appropriate size and furnishing of any shelter; and

These conditions should require notification on title.

The Panel requires a supplementary report addressing these matters and may be prepared to deal with finalisation of the matter electronically.

The purpose of this addendum report is to supplement the original assessment report by addressing the relevant matters arising from the panel meeting held on 19 April 2022.

EXECUTIVE SUMMARY

An addendum assessment report has been prepared addressing the Parramatta Local Planning Panel’s concerns regarding the proposed modification application (refer to Attachment 1 of this item). In response, Council has amended and/or provided additional conditions relating to flood infrastructure and flood management emergency procedures.

The Site

The subject site is known as 125-129 Arthur Street, Parramatta (Lot 5, 6 & 7 DP 27997). The site consists of three (3) vacant allotments with a site area of 1,668m². The site has dual frontages of 55m to Arthur Street & 28m to Hassall Street.

The site is located within vicinity to commercial, industrial and residential properties.

The site is subject to 1 in 20 years, 1 in 100 years, and Probable Maximum Flood (PMF) flooding. The flood affection to the site is classified as medium and high-risk flooding. Properties within vicinity to the site are also flood affected.

The Proposal

Consent is sought to modify the approved demolition of existing buildings, tree removal and construction of a Part 4, 6 and 7 storey residential flat building comprising 64 dwellings and basement car parking.

The proposed modifications include:

· Increase the overall building height by 300mm from RL 28.38 to RL 28.68 (104.85% variation) in order to provide a flood refuge area within Level 1 of the development.

· Amend the ground floor and first floor layout, and unit mix as a result of the provision for a flood refuge area.

· Amendments to the approved plans to satisfy Construction Certificate requirements including the provision for hydraulic boosters, additional services and a padmount substation.

The maximum permissible building height on site is RL 14 and the proposed modifications result in a building height of RL 28.68 with a variation of 104.85%. This variation is considered acceptable as it is not considered to create further adverse impacts than the original scheme approved under DA/776/2014 which had an approved building height of RL 29 and a 107.14% variation. The requirement to increase Level 1’s finished floor level is acceptable in order to provide a flood refuge area at or above the Probable Maximum Flood (PMF) event of RL 9.3.

The modification application was advertised in accordance with Council’s Consolidated Notification Requirements 2020. No submissions were received during the advertisement period.

After consideration of the development against Section 4.55 of the Environmental Planning and Assessment Act 1979, and the relevant statutory and policy provisions, the proposal is suitable for the site and is in the public interest.

RECOMMENDATION

Council’s amended recommendation as a result of this addendum report is as follows:

(a) That the Parramatta Local Planning Panel exercising the functions of Council, pursuant of Section 4.17 of the Environmental Planning and Assessment Act 1979, modify development consent DA/776/2014 on land at 125-129 Arthur Street, Parramatta, for a period of five (5) years from the date on the original Notice of Determination, subject to the following modifications:

1. Amend Condition Nos. 1, 23, 27, 33, 35, 80, 83 & 86 to reflect the updated plans and documents.

2. Insert Condition No. 24A, 86A, 86B, 86C, 102 & 103 for emergency flood procedures.

3. Delete Condition No. 90 as it is a duplication of Condition No. 88.

4. All other conditions of DA/776/2014 remain unchanged.

(b) Further, that the Parramatta Local Planning Panel approve the proposal notwithstanding the non-compliance with the building height control in Clause 4.3 Height of buildings of the Parramatta Local Environmental Plan 2011 as there are sufficient environmental grounds to justify the variation.

REASONS FOR APPROVAL:

1. The proposed modification is substantially the same development which has been approved.

2. The proposed modification is permissible within the B4 Mixed Use zone and results in a development which is suitable for the context of the site and locality.

3. The proposed modification to increase the height is supported in order to provide an adequate flood refuge area due to the significant flood constraints on site.

4. The proposed modification results in reasonable impacts to adjoining and surrounding properties, is suitable for the site, and is in the public interest.

John Martinez

Senior Development Assessment Officer

Sarah Irani

Team Leader Development Support

Attachments:

1 ⇩	Addendum Assessment Report	8 Pages
2 ⇩	Draft Conditions	39 Pages
3 ⇩	Plans used during assessment	23 Pages
4	Internal plans used during assessment (confidential)	31 Pages
5	Flood Impact Assessment Update Report (confidential)	83 Pages
6 ⇩	Flood Emergency Detailed Response Plan	31 Pages
7 ⇩	Statement of Environmental Effects	39 Pages
8 ⇩	Original Assessment Report - 19 April 2022	52 Pages

REFERENCE MATERIAL