Agenda of Local Planning Panel - Tuesday, 20 September 2022

Local Planning Panel 20 September 2022 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT OUTSIDE PUBLIC MEETING:
1-3 Crown Street, HARRIS PARK (Lots A and B DP 326493)

DESCRIPTION Demolition, tree removal and construction of a two storey shop top housing development including 1 level of basement car parking with 22 parking spaces, 4 commercial tenancies on the ground floor, 6 residential units on the first floor and associated landscaping works.

REFERENCE DA/324/2022 - D08628699

APPLICANT/S Pradip Dhakal

OWNERS Pradip Dhakal

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 29 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 3.24m which is a 29% variation to the development standard.

EXECUTIVE SUMMARY

The Site

The subject site is legally described as Lots A and B DP 326493 and commonly known as No. 1-3 Crown Street, Harris Park. The site has a combined site area of 1,349.50m²with frontage to Crown Street of 33.53m, and a frontage to Harris Street of 40.23m. The site falls approximately 2.3m from the north eastern corner to the south western corner.

Vehicle access to No. 1 Crown Street is via a concrete driveway to Harris Street, and to No. 3 Crown Street is via a concrete driveway to Crown Street.

No. 1 Crown Street is currently occupied by a two (2) storey residential building, and No. 3 Crown Street is currently occupied by a single storey dwelling.

Immediately to the east of the site at No. 5 Crown Street is a single storey heritage listed building being used as a commercial premises. To the south of the site at No. 49 Harris Street is a three (3) storey residential building. Adjacent to the site at No. 85-87 Marion Street is a shop-top housing development.

Surrounding development comprises of a mix of residential flat buildings, mixed use development, commercial development and low-density residential development.

Harris Park Train Station is approximately 450m from the site. A bus stop is located along Harris Street, directly opposite the site.

The Proposal

Development Application DA/324/2022 was lodged on 24 April 2022 for the demolition of the existing building and the construction of a two (2) storey shop top housing development consisting of four (4) commercial tenancies at ground floor, six (6) residential units at the first floor plus basement car parking with twenty-two (22) car parking spaces and associated landscaping.

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 proposal has been assessed in accordance with Section 4.15(1) of the Environmental Planning and Assessment Act 1979. The proposal is not consistent with the relevant requirements of the State Environmental Planning Policy (Biodiversity and Conservation) 2021, State Environmental Planning Policy (Resilience and Hazards) 2021, Parramatta Local Environmental Plan 2011, and the Parramatta Development Control Plan 2011.

The scale of the development results in unacceptable amenity impacts on adjoining residential developments and will detract from the character of the Experiment Farm Heritage Conservation Area.

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/324/2022 be refused.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the functions of Council, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, refuse development consent to DA/324/2022 for the demolition of the existing building and the construction of a two (2) storey shop top housing development consisting of four (4) commercial tenancies at ground floor, six (6) residential units at the first floor plus basement car paring with twenty-two (22) car parking spaces and associated landscaping.

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

REASONS FOR REFUSAL

1. State Environmental Planning Policy (Biodiversity and Conservation) 2021

a) Chapter 2: Insufficient information has been provided to determine the impact, if any, the proposed tree removal will have on the ecological, heritage, aesthetic and cultural significance of the area. As such, the aims of Chapter 2 of SEPP (Biodiversity and Conservation) 2021 are unable to be satisfied.

2. State Environmental Planning Policy (Resilience and Hazards) 2021

a) Chapter 4: Insufficient information has been submitted demonstrating that the subject site is suitable or can be made suitable for its proposed use. As such, the object and aims of Chapter 4 of SEPP (Resilience and Hazards) 2021 are unable to be satisfied.

3. Parramatta Local Environmental Plan 2011

a) Clause 1.2(f) ‘Aims of Plan’: The proposal fails to satisfy Aim (f) of the Parramatta Local Environmental Plan 2012 (PLEP 2012). Insufficient and inaccurate information has been provided to enable an assessment to be undertaken determining the proposed development will protect and enhance the natural environment.

b) Clause 4.3 ‘Height of Buildings’: The proposal does not comply with the maximum 6m building height development standard detailed in Clause 4.3 of the PLEP. The proposed building height is 10.90m, which is an 81% variation to the development standard. The objectives of this standard are not met.

c) Clause 4.6 ‘Exceptions to Development Standards’: Compliance with the Height of Buildings Development Standard is reasonable and necessary and sufficient environmental planning grounds do not exist to justify contravening the Development Standard.

d) Clause 5.10 ‘Heritage Conservation’: The proposed development is not sympathetic to the Experiment Farm Heritage Conservation area, or surrounding heritage items.

e) Clause 6.2 ‘Earthworks’: As a result of the insufficient documentation submitted the effect of the proposed earthworks on the amenity of adjoining properties was unable to be determined. This Development Application fails to satisfy the Objectives of this Clause

4. Parramatta Development Control Plan 2011

a) Section 2.4.3: Land Contamination. Insufficient information has been submitted demonstrating that the subject site is suitable, or can be made suitable for its proposed use.

b) Section 2.4.6: Development on Sloping Land. The proposed development does not respond to the topography of the site.

c) Section 2.4.7: Biodiversity. Insufficient information has been provided to determine the impact, if any, the proposed tree removal will have on the biodiversity of the City of Parramatta.

d) Section 2.4.8: Public Domain. The proposal as submitted does not enhance the quality of the public domain. The Objectives of this Clause are not met.

e) Section 3.1.3: Preliminary Building Envelope Tables. The proposal does not comply with the Preliminary Building Envelope Table for Shop top Housing.

f) Section 3.2.1: Building Form and Massing. The building form and mass is not compatible with the character and spatial characteristics of the locality and surrounding Experiment Farm Heritage Conservation Area.

g) Section 3.2.2: Building Façade and Articulation. The proposed building does not complement or enhance neighbourhood or streetscape character.

h) Section 3.2.5: Streetscape. The proposed development is not compatible with the existing and future character of the locality.

i) Section 3.3.5: Solar Access and Cross Ventilation. Solar access to adjoining and surrounding properties will be negatively affected by the proposal.

j) Section 3.3.7: Waste Management. The proposed waste storage facilities are not appropriately located. The Objectives of this Clause are not met.

k) Section 3.4.4: Safety and Security. Natural surveillance and compliance with CPTED principles is not achieved from the ground floor communal open space.

l) Section 3.5: Heritage. The proposal does not reinforce the attributes that contribute to the heritage significance of the surround heritage item or Experiment Farm Conservation area.

5. Insufficient information

a) The public domain details provided by the applicant does not provide adequate street tree planting and footpath details as required under Section 2.12.8 of the PDCP 2011.

6. The Public Interest

a) Based on the assessment contained in this report, approval of the development is contrary to the public interest.

Alicia Hunter

Senior Development Assessment Officer

Sarah Irani

Team Leader Development Support

Attachments:

1 ⇩	Assessment Report	33 Pages
2 ⇩	Locality Plan used during assessment	1 Page
3 ⇩	Architectural Plans (External and Commercial) used during assessment	15 Pages
4	Architectural Plans (Internal) used during assessment (confidential)	5 Pages
5	Landscape Plans used in Assessment (confidential)	3 Pages
6 ⇩	Site Survey used in Assessment	1 Page
7 ⇩	Civil Plans used in Assessment	5 Pages
8	Statement of Environmental Effects used in Assessment (confidential)	75 Pages
9 ⇩	SEPP 65 Design Statement used in Assessment	7 Pages
10 ⇩	Clause 4.6 Statement for Height Variation	17 Pages
11	Acoustic Report used during assessment (confidential)	31 Pages
12 ⇩	BCA Report used during assessment	43 Pages
13 ⇩	Preliminary Site Investigation used during assessment	82 Pages
14 ⇩	Detailed Site Investigation used during assessment	190 Pages
15 ⇩	Arboricultural Impact Assessment used during assessment	31 Pages
16 ⇩	Transport Impact Assessment used during assessment	59 Pages
17 ⇩	Accessibility Report used during assessment	28 Pages
18 ⇩	BASIX Certificate used during assessment	15 Pages
19 ⇩	Heritage Impact Assessment used during assessment	31 Pages
20 ⇩	Waste Management Plan used during assessment	23 Pages
21 ⇩	Operational Waste Management Plan used during assessment	33 Pages
22 ⇩	Material Schedule used during assessment	1 Page

REFERENCE MATERIAL

Item 5.1 - Attachment 14

Detailed Site Investigation used during assessment

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Local Planning Panel 20 September 2022 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT OUTSIDE PUBLIC MEETING:
22 Langston Place, EPPING (CP SP 103041, LOT 5 DP1272951 and LOT 5 DP249822)

DESCRIPTION Temporary open markets between mixed use residential towers within the pedestrian and vehicle shared area to provide mini markets up to 50 stalls, live music, community organisation stalls to operate on Sundays fortnightly from 9.00am to 1.00pm.

REFERENCE DA/430/2022 - D08642076

APPLICANT/S REACTIVATE CONSULTING PTY LTD

OWNERS Owners of SP 103041 and City of Parramatta Council

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 5 August 2022

REASON FOR REFERRAL TO LPP

The proposed markets would be partially situated on land which is owned by City of Parramatta Council, specifically Lot 5 DP1272951 and Lot 5 DP249822. The use of land would be ancillary to the market use, and would involve temporary seating, a temporary vehicle barrier zone, and a stall drop off zone.

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 application seeks the consent for ‘Langston Markets’ within the shared Chambers Court area. The end of Chambers Court would be closed from 7.30am to 2.30pm every second Sunday.

The markets are proposed to typically host 35-50 stallholders per event and be characterised by the following:

· Market vendors: fresh produce, food and beverage;

· Live music: acoustic music (non-amplified) from artists;

· Community Organisation Stalls: Community engagement of local community groups; and

· Children’s activities: Face painting, arts and crafts, educational workshops and pop-up play areas.

The report considers the relevant Environmental Planning Instruments and assess the development against all applicable provisions. The report notes all relevant referrals, with no referral bodies objecting to the proposal, subject to the recommended conditions of consent. Three submissions were received with the proposal predominately around traffic generation and external visitors to Epping. The assessment concludes with a recommendation for approval for the proposal.

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/430/2022 for a period of five (5) years within which physical commencement is to occur from the date on the Notice of Determination, subject to the conditions of consent in Attachment 1.

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

REASONS FOR APPROVAL

The DA should be approved for the following reasons:

1. The development is permissible in the B2 Local Centre Use Zone and generally satisfies the requirements of the applicable planning provisions.

2. To ensure that the local amenity is maintained and is not adversely affected and that adequate safeguards are incorporated into the development.

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

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

Atef Kazi

Development Assessment Officer

Sarah Irani

Team Leader Development Support

Attachments:

1 ⇩	Assessment Report and draft conditions	19 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Architectural Plan	1 Page
4 ⇩	Noise Assessment Report	34 Pages
5 ⇩	Amended Plan of Management	22 Pages
6 ⇩	Statement of Environmental Effects	14 Pages
7 ⇩	Traffic and Parking Statement	13 Pages
8 ⇩	Waste Management Plan	6 Pages

REFERENCE MATERIAL

Local Planning Panel 20 September 2022 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT OUTSIDE PUBLIC MEETING:
197 Church Street, 89 Marsden Street and 207 Church Street PARRAMATTA (LOT 1, DP 710335 and LOT 1, DP 233150)

DESCRIPTION Section 8.3 Review of the decision to refuse DA 802/2021 which seeks consent for the demolition of existing buildings across the site down to slab level (heritage facades of the former Murray Brothers department store retained) and archaeological test excavations at 197 Church Street Parramatta and 89 Marsden Street Parramatta, and 207 Church Street Parramatta.

REFERENCE DA/802/2021 - D08658901

APPLICANT/S Think Planners

OWNERS Holdmark Properties Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 31 August 2022

REASON FOR REFERRAL TO LPP

This is an application under Section 8.3 of the Environmental Planning and Assessment Act 1979 seeking a Review of a prior decision of the Parramatta Local Planning Panel (PLPP) to refuse DA 802/2021 which proposes the demolition of buildings, some of which are a local heritage item under Parramatta LEP 2011. The scope of works limits demolition down to the ground floor slab and retains the heritage facades of the former Murray Brothers building. Consent is also sought for some excavation for the purposes of archaeological investigations.

EXECUTIVE SUMMARY

This is a summary of the full assessment of the application as outlined in Attachment 1 (Section 4.55 Assessment Report).

The Site

The site is legally described as Lot 1 DP 710335 and Lot 1 DP 233150, with street addresses of Nos. 197 and 207 Church Street and No. 89 Marsden Street, Parramatta. Total site area is approximately 4,342m2. A mix of two and three storey retail and commercial buildings occupy the site, which includes the heritage listed Murray Brothers building from 1925, an item of local significance under Parramatta LEP 2011.

The site is centrally located within the Parramatta central business district (CBD), occupying a prominent position at the intersection of Church and Macquarie Streets. It is close to multiple key landmarks and public spaces including Centenary Square, Parramatta Town Hall and St Johns’ Cathedral, and is also on the route of Parramatta Light Rail. Surrounding development is predominately office and retail uses.

Background

This Section 8.3 Review application is made following the decision of the Panel on 17 May 2022 to refuse DA/802/2021. At that time the application sought consent for:

· Demolition of all buildings on the site down to slab level; and

· Retention of the former Murray Brothers department store heritage facades to Church and Macquarie Streets.

For the purposes of this Review application the scope of works has been revised to now also include:

· Excavation across parts of the site for the purposes of archaeological investigations. Relevant permits for those excavations have been issued.

Note that section 8.3(3) of the Environmental Planning and Assessment Act 1979, allows for a Review to include amendments to an application.

Related application

The proposal is early works for related Development Application 16/2022, which seeks consent to implement a scheme that has already been the subject of a related site specific Planning Proposal, Development Control Plan and Design Excellence competition. Broadly, DA 16/2022 seeks consent for a two tower mixed-use development comprising:

· A 2 storey retail podium, incorporating the retained heritage facades from the Murray Brothers building;

· A 25 storey commercial office tower and 32 storey hotel accommodation tower; and

· 4 basement levels for car parking, hotel ballroom and service areas.

That application, lodged on 11 January 2022, is under assessment with several fundamental concerns yet to be resolved.

Assessment

The proponent has provided a response to the reasons for refusal, and further commentary to assist the Panel is also provided by Council officers. In summary, this report concludes that the reasons for refusal identified in May 2022 are resolved, given:

· the objectives of Section 1.3(c) of the Act are met [orderly and economic development of the site];

· the works are not contrary to the objectives of Parramatta LEP 2011 [conserve cultural heritage];

· the works are not contrary to the public interest;

· the application must be determined on its own merits, regardless of the status of any related DA.

Notification

The application was advertised in accordance with Council’s Notification

Development Control Plan. One submission was received, raising objections based on concerns for impacts on site archaeology.

Conclusion

After consideration of the development against Section 4.15 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

(a) That the Parramatta Local Planning Panel (PLPP), exercising the functions of Council, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent to DA/802/2021 for the demolition of existing buildings down to ground floor slab, except for the heritage facades of the former Murray Brothers building to Church and Macquarie Streets which must be retained, and for archaeological testing at Lot 1 DP 710335 and Lot 1 DP 233150 being Nos. 197 and 207 Church Street and No. 89 Marsden Street, Parramatta, subject to conditions of consent in Attachment 1.

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

REASONS FOR APPROVAL

1. To facilitate the orderly implementation of the objectives of the Environmental Planning and Assessment Act 1979 and the aims and objectives of the relevant Council Planning instrument.

2. The proposal is permissible in the B4 Mixed Use zone and is satisfactory when considered against Section 4.15 of the Environmental Planning and Assessment Act 1979.

3. The proposal allows for the heritage values the site to be retained with an expectation that the primary façade will be incorporated into a future redevelopment of this site.

4. Approval of the application is in the public interest.

Brad Roeleven

Executive Planner

Attachments:

1⇩	Assessment report and draft conditions	50 Pages
2⇩	Locality Plan	1 Page
3⇩	Plans used during assessment	5 Pages
4⇩	Letter from Think Planners	6 Pages
5⇩	Letter from IHG Hotels and Resorts	1 Page
6⇩	Letter from Heritage 21	4 Pages
7⇩	Facade and Awning Retention Strategy Report	8 Pages
8⇩	Section 140 permit	5 Pages
9⇩	Aboriginal Heritage Impact Permit - Test Excavations	17 Pages
10⇩	Statement of Environmental Effects (as lodged with original DA)	32 Pages

REFERENCE MATERIAL

Local Planning Panel 20 September 2022 Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER 5.4

SUBJECT OUTSIDE PUBLIC MEETING:
7A Park Parade PARRAMATTA (Lot 1, DP 1244328)

DESCRIPTION Subdivision of one lot into two lots. The proposal is Nominated Integrated Development under Heritage Act 1977.

REFERENCE DA/348/2022 - D08670972

APPLICANT/S City of Parramatta Council

OWNERS Parramatta Park Trust

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 25 August 2022

REASON FOR REFERRAL TO LPP

This matter is referred to the Parramatta Local Planning Panel (PLPP) as the proposal is an application made on behalf of the City of Parramatta Council.

EXECUTIVE SUMMARY

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

The Site

This application relates to the new Parramatta Aquatic Centre at 7A Park Parade, Parramatta, which is located within Lot 1 Deposited Plan 1244328.

That site is the southern portion of Parramatta Park, which is separated from the primary part of the Park via the Western Railway line. It is positioned at the western edge of the Parramatta CBD and borders the boundary with the Cumberland LGA. Its primary frontage is to Park Parade, with secondary frontages to Pitt Street, and the Great Western Highway.

The surrounding area is characterised by a mix of land uses, consisting of low to high-density residential dwellings to the west and south, with a mix of residential and commercial uses to the east. To the north-west is the Westmead health precinct. The immediate site is bordered by Park Parade to the north and Prabha Memorial Walk and Parramatta High School to the south.

The Proposal

Lot 1 Deposited Plan 1244328 has an area of 19.73ha and is owned by the Parramatta Park Trust, of which 2.36ha is to be leased by Council for the aquatic centre, construction of which is significantly progressed.

Consent is sought for the Torrens title subdivision of Lot 1 DP1244328 into two lots being:

· Proposed lot 11, for the aquatic centre, with an area of 2.36ha; and

· Proposed lot 12, being the balance of this part of the Park, with an area of 17.18ha.

Assessment summary

The land is listed as a heritage item on the State Heritage Register [Item SHR0059] being part of the ‘Parramatta Park and Old Government House and Domain site’. The application is therefore integrated development under Division 4.8 of the Environment Planning & Assessment Act 1979 as a related approval is required under section 60 of the NSW Heritage Act 1977. Council sought and received General Terms of Approval from Heritage NSW.

The application was also reviewed by other relevant external agencies, and internal departments of Council. No objections to the proposal were raised subject to conditions of consent.

No submissions were received following notification of the application in accordance with Council’s procedures.

After consideration of the development against Section 4.15 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. The application is

recommended for approval subject to conditions.

RECOMMENDATION

That the Parramatta Local Planning Panel (PLPP), exercising the functions of Council, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent to DA/348/2022 for the subdivision Lot 1 Deposited Plan 1244328 into two allotments, subject to the conditions of consent in Attachment 1.

REASONS FOR APPROVAL

1. To facilitate the orderly implementation of the objectives of the Environmental Planning and Assessment Act 1979 and the aims and objectives of Parramatta Local Environmental Plan 2011.

2. The proposal is permissible in the “RE 1 Public Recreation” zone and is satisfactory when considered against Section 4.15 of the Environmental Planning and Assessment Act 1979.

3. The proposal will be compatible with the planned future use of the land and allows for the heritage values the site to be retained.

4. Approval of the application is in the public interest.

Brad Roeleven

Executive Planner

Sarah Irani

Team Leader Development Support

Attachments:

1 ⇩	Assessment Report and draft conditions	15 Pages
2 ⇩	Locality plan	1 Page
3 ⇩	Plan of Subdivision	1 Page
4 ⇩	Statement of Environmental Effects	34 Pages
5 ⇩	HNSW General Terms of Approval	2 Pages

REFERENCE MATERIAL

Local Planning Panel 20 September 2022 Item 5.5

DEVELOPMENT APPLICATION

ITEM NUMBER 5.5

SUBJECT OUTSIDE PUBLIC MEETING:
67 High Street, PARRAMATTA (LOT B DP 421597)

DESCRIPTION Demolition of additions to the existing heritage cottage, tree removal and construction of a 4 storey residential flat building consisting of 12 apartments over 1 level of basement parking for 11 car spaces. The site is identified as a Heritage Item (No. I712) of local heritage significance.

REFERENCE DA/958/2021 - D08670763

APPLICANT/S Mr P Israel

OWNERS M Mahmasani & L Chatila

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 1 September 2022

REASON FOR REFERRAL TO LPP

The proposed development is referred to Parramatta Local Planning Panel because it is greater than 4 storeys and is subject to the provisions of SEPP65.

EXECUTIVE SUMMARY

Development Application DA/958/2021 was lodged on 15 October 2021 for;

‘Demolition of additions to the existing heritage cottage, tree removal and construction of a 4 storey residential flat building consisting of 12 apartments over 1 level of basement parking for 11 car spaces. The site is identified as a Heritage Item (No. I712) of local heritage significance’.

In accordance with the Consolidated Parramatta Notification Plan the Development Application was notified and advertised on 27 October 2021 to 17 November 2021. No submissions were received during the notification period.

The proposal seeks to demolish unsympathetic additions to an existing heritage item, whilst retaining the original fabric. The use of the heritage item will continue to be operated as a commercial premises, in accordance with the existing approval.

The proposal also seeks a minor variation to the 12m building height development standard prescribed under Clause 4.3 of PLEP2011. The proposal seeks a maximum height of 12.6m and equates to a 5% variation.

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 greater than 3-storeys and is subject to the provisions of SEPP65.

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 demolition of the unsympathetic additions to the heritage item is supported, as it will revert the heritage item to its original fabric.

This proposed variation to the building height development standard was also assessed and considered to be well founded given the minor nature of the variation, as well as the desired future character of the area to have higher built form, culminating in an amendment to the building height standard for the subject site to 20m.

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

· Sydney Water;

· Endeavour Energy;

· Traffic Engineer;

· Development Engineer;

· Landscape Officer;

· Heritage Advisor;

· Environmental Health; and

· Design Excellence Advisory Panel.

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

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:

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

2. There is an amendment to the LEP that will increase the maximum building height of the subject site to 20m and will be active on 14 October 2022;

3. 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;

4. 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;

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

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

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

(b) Further, that the Parramatta Local Planning Panel, exercising the functions of Council, pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979, grant development consent to DA/958/2021, subject to the conditions of consent in Attachment 1.

REASONS FOR APPROVAL

1. Council is satisfied with the applicants Clause 4.6 written request to vary the building height standard.

2. The development is permissible in the B4 zone pursuant to Parramatta Local Environmental Plan 2011 and generally satisfies the requirements of the applicable planning framework.

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. The amenity impacts can be appropriately managed.

6. The Panel is satisfied that:

a. The applicant’s written request adequately addresses the matters required to be addressed under clause 4.6 (3) of the LEP; and

b. The development is in the public interest because it is consistent with the objectives of clause 4.3 (Height of Buildings) of the LEP and the objectives for development in the B4 Mixed Use zone.

7. 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	55 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	plans used for assessment	3 Pages
4	internal plans used for assessment (confidential)	5 Pages
5 ⇩	Clause 4.6 Height - 67 High Street Parramatta	10 Pages

REFERENCE MATERIAL

Local Planning Panel 20 September 2022 Item 6.1

PLANNING PROPOSALS

ITEM NUMBER 6.1

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

c) Amend the floor space map to apply a 2:1 floor space ratio.

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 area 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