NOTICE OF Local Planning Panel  MEETING

PUBLIC AGENDA

 

A Local Planning Panel meeting will be held via audio-visual means on Tuesday, 15 November 2022 at 3:30pm.

 

 

 

 

Bryan Hynes

ACTING CHIEF EXECUTIVE OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Local Planning Panel                                                                            15 November 2022

 

TABLE OF CONTENTS

 

ITEM                                                         SUBJECT                                               PAGE NO

 

1       ACKNOWLEDGMENT OF THE TRADITIONAL OWNERS OF LAND

The City of Parramatta Council acknowledges the Burramattagal people of The Darug Nation as the traditional owners of land in Parramatta and pays its respects to their ancient culture and to their elders, past, present and emerging.

2       WEBCASTING ANNOUNCEMENT

This public meeting will be recorded. The recording will be archived and available on Council’s website.

 

All care is taken to maintain your privacy; however if you are in attendance in the public gallery, you should be aware that your presence may be recorded.

3       APOLOGIES

4       DECLARATIONS OF INTEREST

5       Reports - Development Applications

5.1             PUBLIC MEETING: 136 Church Street, PARRAMATTA NSW 2150 (Lot 1 DP 774940)................................................................................................ 6

5.2             OUTSIDE PUBLIC MEETING: 2-4 Boundary Street and 85 Railway Street, PARRAMATTA NSW  2150 (LOT 2 DP 202700, LOT 6 DP 16496, LOT 1 DP 202700)........................................................................................... 107

6       Reports – PLANNING PROPOSALS

6.1             Exhibition Outcomes - Draft Planning Proposal, Draft Site-Specific DCP and Draft Planning Agreement - Holdmark Sites (Melrose Park South) 436      


 

Development Applications

 

15 November 2022

 

5.1              PUBLIC MEETING: 136 Church Street, PARRAMATTA NSW 2150 (Lot 1 DP 774940)................................................................................................................ 6

 

5.2              OUTSIDE PUBLIC MEETING: 2-4 Boundary Street and 85 Railway Street, PARRAMATTA NSW  2150 (LOT 2 DP 202700, LOT 6 DP 16496, LOT 1 DP 202700)........................................................................................................... 107


Local Planning Panel  15 November 2022                                                                           Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER         5.1

SUBJECT                  PUBLIC MEETING: 136 Church Street, PARRAMATTA NSW 2150 (Lot 1 DP 774940)

DESCRIPTION          Alterations and additions and provision of signage to the existing building for use as a licenced pub operating 10am to 4am Monday to Saturday and 10am to midnight Sunday.

REFERENCE            DA/10/2022 - D08716327

APPLICANT/S           Think Planners

OWNERS                    H S Wong and X H W Liu

REPORT OF              Group Manager Development and Traffic Services         

RECOMMENDED     Approval

 

DATE OF REPORT  6 October 2022

 

REASON FOR REFERRAL TO LPP

 

The application is referred to the Parramatta Local Planning Panel:

 

1.      as the proposal seeks approval for the use of the premises as a licensed premise (pub) and

 

2.      the application has ten (10) unique objections

 

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 is known as 136 Church Street, Parramatta (Lot 1 DP 774940). The site has an area of 413.7m2 and currently accommodates a 2-storey retail building. The site has dual frontage to Church Street of 9.145 metres and a secondary frontage to Fire Horse Lane of 9.11 metres.

 

It is located within the Parramatta CBD which is characterised by high density developments comprising a range of uses such as residential, commercial, and retail. The site is also in proximity to public transport.

 

Adjoining the subject site at 140 Church Street is a heritage listed building which was formerly used as a fire station (I649) pursuant to Schedule 5 of Parramatta Local Environmental Plan (PLEP) 2011. Whilst the site has since been redeveloped comprising a 26-storey mixed use building, it retained remnants of the fire station. 

 

 

 

 

 

 

 

The Proposal

 

Consent is sought for the alterations and additions to the existing 2 storey building on the site to facilitate its use as a pub. The proposed development includes the following components:

 

1.      Construction of a basement level that will contain the keg room, garbage room, storage, staff room office and staff amenities.

 

2.      Changes to the internal layout of the premises to facilitate its use a pub including the insertion of a passenger lift.

 

3.      Additions to the ground floor including the extension of the building to the rear (Fire Horse Lane) and provision of a goods lift that will service the basement and first floor.

 

4.      Additions to the first floor including a rear extension to facilitate the use of the premises as a pub. This area of the pub will contain a second bar and the dining area with an associated kitchen, amenities and balcony and;

 

5.      Creation of a Mechanical plant room on the roof.

 

6.      The hours of operation of the pub are 10am to 4am Monday to Saturday and 10am to midnight Sunday.

 

7.      Approval is sought for up to 450 patrons to be on the premises, reduced to 200 patrons after midnight.

 

8.      The proposal also seeks approval for 3 x business identifications to be located on both the front and rear facades of the building.

 

Notification

 

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 20 January 2022 and 11 February 2022. In response, 10 unique submissions objecting to the proposal were received. The issues raised in these submissions were:

 

1.      Increase in anti-social behaviour;

2.      Site is not ideal location for a pub;

3.      Adverse Acoustic impacts;

4.      Excessive hours of operation;

5.      Misleading application description;

6.      Details contained in Plan of Management;

7.      Street activation;

8.      Stormwater;

9.      Location of other heritage items;

10.    Onsite manoeuvring; and

11.    Referral to NSW Police.

 

 

 

Assessment

 

The application is made pursuant to Parramatta Local Environmental Plan 2011, which permits the proposed development on land within the B4 Mixed Use zone. 

 

The application was assessed against the relevant environmental planning instruments, including SEPP (Resilience and Hazards) 2021, SEPP (Biodiversity and Conservation) 2021, SEPP (Industry and Employment) 2021 and Paramatta LEP 2011, as well as Paramatta DCP 2011.  

 

It is noted that the proposal is generally compliant with the relevant planning provisions applicable to the development. However, the hours of operation have been reduced to the following to protect the amenity of the area.

 

Day

Hours

Balcony

Sunday to Thursday

10am to 12 midnight

10pm

Friday and Saturday

10am to 2am

10pm

 

Council’s Development Engineer, Landscape and Tree Management Officer, Traffic and Transport Officer, Infrastructure Officer, and Environmental Health Officer – (General Waste, Acoustic and Contamination), catchment Management, City Safe and Operations Manager, Civil Assets, Heritage Adviser, Urban Design (Public Domain), Universal Access, Social Outcomes supported the development proposal, subject to appropriate conditions. NSW Police also reviewed the proposal and raised no objections subject to conditions.

 

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/10/2022 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.

 

(b)     Further, that submitters are advised 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 Parramatta Local Environmental Plan 2011.

 

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

 

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

 

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

Denise Fernandez

Senior Development Assessment Officer

 

 

 

 

Attachments:

 

1

Assessment Report and Draft Conditions

40 Pages

 

2

Locality Map

1 Page

 

3

Plans used for Assessment

23 Pages

 

4

Plan of Management

18 Pages

 

5

Gaming Plan of Management

15 Pages

 

 

 

REFERENCE MATERIAL

 


Item 5.1 - Attachment 1

Assessment Report and Draft Conditions

 

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Item 5.1 - Attachment 2

Locality Map

 

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Item 5.1 - Attachment 3

Plans used for Assessment

 
























Item 5.1 - Attachment 4

Plan of Management

 

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Item 5.1 - Attachment 5

Gaming Plan of Management

 

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Local Planning Panel  15 November 2022                                                                           Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER         5.2

SUBJECT                  OUTSIDE PUBLIC MEETING: 2-4 Boundary Street and 85 Railway Street, PARRAMATTA NSW  2150 (LOT 2 DP 202700, LOT 6 DP 16496, LOT 1 DP 202700)

DESCRIPTION          Demolition of existing structures, tree removal, lot consolidation and the construction of a four (4) storey Residential Flat Building with basement parking.

REFERENCE            DA/61/2022 - D08729098

APPLICANT/S           Mr A Ibshara

OWNERS                    Infinity Idea P/L

REPORT OF              Group Manager Development and Traffic Services         

RECOMMENDED     Deferred commencement

 

DATE OF REPORT  15 November 2022

 

REASON FOR REFERRAL TO LPP

 

This application is referred to the Parramatta Local Planning Panel for the following reasons:

 

1.      SEPP 65 building with 4+ storeys; and

 

2.      More than 10% variation of Clause 4.3 Height of Building.

 

EXECUTIVE SUMMARY

 

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

 

Site

 

The subject site is comprised of three lots namely 2 Boundary Street, 4 Boundary Street and 85 Railway Street, Parramatta. The site is an irregular shaped corner allotment with a slope of 2.35m from the south-western corner to the north-eastern. The site is located on the north-eastern side of the intersection between Boundary Street and Railway Street at the southern edge of Parramatta. Currently the site consists of three single storey dwelling houses, carports and metal shed. The site is located in an area of character transition.

 

East of Railway Street and north of Boundary Street, development generally takes the form of single storey dwelling houses, while west of Railway Street and south of Boundary Street, residential flat buildings are the most common development form. It is noted that the character transition is also the boundary between Parramatta and Cumberland Councils.

 

Proposal

 

Demolition of existing structures, tree removal, lot consolidation and the construction of a four (4) storey Residential Flat Building with basement parking.

 

 

Notification

 

The modified application was notified between 4 February to 25 February 2022, in accordance with Council’s notification procedures contained within Council’s Community Engagement Strategy, Appendix 1 – Consolidated Notification Requirements. In response one (1) unique submission was received. The issues raised by the submission are as follows:

 

1.      Privacy impacts;

2.      Impact on the heritage items;

3.      Impact on solar access;

4.      Impact on the views; and

5.      Impact on property value.

 

Assessment

 

The application is made pursuant to Parramatta Local Environmental Plan 2011, which permits the proposed development on land within the R4 high Density Residential zone. 

 

The application was assessed against the relevant environmental planning instruments, including SEPP (Resilience and Hazards) 2021, SEPP (Building Sustainability Index: BASIX) 2004, SEPP (Transport and Infrastructure) 2021, SEPP (Biodiversity and Conservation) 2021, SEPP No. 65 – Design Quality of Residential Apartment Development, and Paramatta LEP 2011, as well as Paramatta DCP 2011.  

 

It is of note that the proposal is generally compliant with the relevant planning provisions applicable to the development

 

Further, during the assessment of the application the proposal was referred to the following Council Officer’s for comment:

 

1.      Council’s Development Engineer,

2.      Landscape and Tree Management Officer,

3.      Traffic and Transport Officer,

4.      Heritage Officer,

5.      Environmental Health Officer – (General Waste, Acoustic and Contamination), and

6.      Universal Access Officer supported the development proposal, subject to appropriate conditions.

 

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 deferred commencement consent to DA/61/2022 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 OF APPROVAL

 

It has been recommended for approval for the following reasons:

 

1.      The height variation is not significant and retains the primary presentation of the building as a 4-storey residential flat building that is consistent with other residential flat buildings with the locality;

 

2.      The building has been appropriately articulated and modulated. Façade treatment, material variation and private open spaces have been provided in order to minimise the external bulk and scale;

 

3.      The height variation does not result in reasonable amenity impact on the neighbouring properties;

 

4.      Council is 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;

 

5.      The proposed density is reasonable for the site, with regards to context and zoning;

 

6.      The development is permissible in the R4 zone and satisfies the requirements of all of the applicable planning controls;

 

7.      The design of the development was considered satisfactory by Council’s Design Excellence Advisory Panel subject to recommended amendments; 

 

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

 

9.      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

66 Pages

 

2

Locality map

1 Page

 

3

Plans used for assessment

31 Pages

 

4

Internal plans used for assessment (confidential)

12 Pages

 

5

Internal referral comments (confidential)

37 Pages

 

6

Statement of Environmental Effects

43 Pages

 

7

Waste Management Plan

9 Pages

 

8

BASIX Certificate

15 Pages

 

9

Easement of Confirmation (confidential)

12 Pages

 

10

Clause 4.6 variation report

12 Pages

 

11

SEPP-65 report

7 Pages

 

12

Access Report (confidential)

28 Pages

 

13

Arborist Report

38 Pages

 

14

Preliminary Site Investigation (confidential)

72 Pages

 

15

Hazardous Materials Survey (confidential)

57 Pages

 

16

Traffic Report

5 Pages

 

17

Geotechnical Investigation report

26 Pages

 

18

Acoustic Report

29 Pages

 

19

BCA Report

42 Pages

 

 

 

REFERENCE MATERIAL


Item 5.2 - Attachment 1

Assessment Report and draft Conditions

 

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Item 5.2 - Attachment 2

Locality map

 

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Item 5.2 - Attachment 3

Plans used for assessment

 
































Item 5.2 - Attachment 6

Statement of Environmental Effects

 

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Item 5.2 - Attachment 7

Waste Management Plan

 

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Item 5.2 - Attachment 8

BASIX Certificate

 

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Item 5.2 - Attachment 10

Clause 4.6 variation report

 

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Item 5.2 - Attachment 11

SEPP-65 report

 

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Item 5.2 - Attachment 13

Arborist Report

 

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Item 5.2 - Attachment 16

Traffic Report

 

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Item 5.2 - Attachment 17

Geotechnical Investigation report

 

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Item 5.2 - Attachment 18

Acoustic Report

 

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Item 5.2 - Attachment 19

BCA Report

 

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Planning Proposals

 

15 November 2022

 

6.1              Exhibition Outcomes - Draft Planning Proposal, Draft Site-Specific DCP and Draft Planning Agreement - Holdmark Sites (Melrose Park South)................ 436


Local Planning Panel  15 November 2022                                                                           Item 6.1

PLANNING PROPOSAL

ITEM NUMBER         6.1

SUBJECT                  Exhibition Outcomes - Draft Planning Proposal, Draft Site-Specific DCP and Draft Planning Agreement - Holdmark Sites (Melrose Park South)

REFERENCE            RZ/1/2020 - 

APPLICANT/S           Holdmark Property Group

OWNERS                    Holdmark Property Group

REPORT OF              Senior Project Officer

 

Development applications considered by Sydney central city planning panel     Nil

 

PURPOSE

 

The purpose of this report is to detail submissions received during the public exhibition of the Planning Proposal, draft Site-Specific Development Control Plan (DCP) and draft Planning Agreement and to respond to issues raised, relating to two (2) sites in the southern precinct of Melrose Park identified as the East Site (112 Wharf Road, 30 and 32 Waratah Street, Melrose Park) and West Site (82 Hughes Avenue, Ermington). The report recommends that the updated Planning Proposal, draft Site-Specific DCP and updated draft Planning Agreement be approved by Council.

 

RECOMMENDATION

 

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

 

(a)     That Council receives and notes the submissions made during the exhibition of the Planning Proposal, draft Site-Specific Development Control Plan (DCP), and draft Planning Agreement (Attachment 1) and Council officer responses to the issues raised (Attachment 2).

 

(b)     That Council approve the updated Planning Proposal for finalisation (provided at Attachment 3) that seeks to amend Parramatta Local Environmental Plan 2011 as follows:

 

 

1.      Rezone 112 Wharf Road, 32 Waratah Street, Melrose Park and 82 Hughes Avenue, Ermington from IN1 General Industrial to part R4 High Density Residential and part RE1 Public Recreation.

 

2.      Rezone 30 Waratah Street, Melrose Park from IN1 General Industrial to RE1 Public Recreation.

 

3.      Amend the maximum building height on the East Site and West Site from 12m to a combination of 25m (6 storeys), 34m (8 storeys), 68m (20 storeys, and 77m (22 storeys) on each site.

 

4.      Amend the Floor Space Ratio on the East Site from 1:1 to 2.74:1 (net).

 

 

5.      Amend the Floor Space Ratio on the West Site from 1:1 to 2.46:1 (net).

 

6.      Insert a site-specific provision in Part 6 additional local provisions – generally of Parramatta Local Environmental Plan 2011 and amending the Additional Local Provisions map to include the East Site and West Site to ensure:

 

6.1    That design excellence provisions be applicable to buildings with a height of 55m and above and appoint a Design Excellence Panel to provide design advice for all development applications within the subject sites. Floor Space Ratio and height of building bonuses are not to be awarded on any development lot.

 

6.2    A minimum of 1,000m2 of non-residential floor space is to be provided across the East and West Sites to serve the local retail and commercial needs of the incoming population.

 

7.      Amend the Land Reservation Acquisition map to reflect areas of open space to be dedicated to Council.8)      Insert provisions into the Parramatta Local Environmental Plan 2011 to ensure that the number of dwellings approved at the development application stage aligns with the required infrastructure identified by Council in the Transport Management and Accessibility Plan (TMAP).

 

8.      Insert provisions into the Parramatta Local Environmental Plan 2011 requiring the Planning Secretary to be satisfied that all State public infrastructure needs (including transport and schools) are met before development can proceed.

 

9.      Insert provisions into Parramatta Local Environmental Plan 2011 to ensure that the new planning controls do not take effect on the subject sites prior to the local infrastructure identified in the local Planning Agreement being secured by way of an executed Planning Agreement between Council and the Applicant.

 

10.    Amend Schedule 1 Additional Permitted Uses of Parramatta Local Environmental Plan 2011 to permit ‘food and drink’ premises in the R4 High Density Residential zone as identified on the new Additional Permitted Uses map.

 

(c)     That Council forward the Planning Proposal to the Department of Planning and Environment for finalisation.

 

(d)     That Council approve the Site-Specific DCP at Attachment 4.

 

(e)     That Council approve the Planning Agreement at Attachment 6 and the Chief Executive Officer be authorised to sign the Planning Agreement on behalf of Council.

 

(f)      Further, that Council authorises the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the finalisation of the Planning Proposal, DCP and Planning Agreement.

 

PLANNING PROPOSAL TIMELINE

 

 

SUMMARY 

 

1.      This report seeks the Local Planning Panel’s (LPP) advice on a recommendation for Council to consider the outcomes of the public exhibition of the Planning Proposal, draft Site-Specific DCP and draft Planning Agreement relating to two (2) sites within the southern precinct of Melrose Park (East Site and West Site).

 

2.      The Planning Proposal seeks to amend the Parramatta Local Environmental Plan 2011 (PLEP 2011) to enable non-industrial development on the abovementioned sites in the form of high density residential, public open space, and small-scale retail/commercial uses. This Proposal is generally in accordance with the Southern Structure Plan adopted by Council in December 2019. Should the Planning Proposal and draft DCP be approved, approximately 1,925 new dwellings could be delivered across the two subject sites.

 

3.      The Planning Proposal, draft DCP and Planning Agreement were placed on public exhibition from 25 August 2022 to 21 September 2022. Eighty-five (85) submissions were received comprising seventy-nine (79) from the community, with the remaining 6 from public agencies and other organisations. Overall, 3% of submissions were in support and 77% objected to the Proposal with the remaining 20% neither objecting nor supporting the Proposal. A summary of the key issues raised is provided later in this report, with further details and responses provided at Attachment 2.

 

4.      The key issues raised in submissions relate to building heights, infrastructure provision, potential traffic impacts and character loss. With regards to building heights, the proposed heights are the result of detailed urban design testing and are compatible with the adopted building heights in the Melrose Park North precinct and will be consistent with the established future character of the area. In relation to concerns about increases in traffic, the proposed road upgrades and public transport improvements including a bridge connection over Parramatta River will ensure any impacts can be managed. The infrastructure identified to be provided as part of the Planning Proposal is consistent with the identified needs of the precinct and is considered appropriate. These matters can be further considered at the development application stage, which will be addressed by the controls within the PLEP 2011 and draft Melrose Park South DCP.

 

5.      The matters raised in the submissions do not necessitate changes to the Planning Proposal, draft DCP and draft Planning Agreement. Minor changes are however proposed to the exhibited Planning Proposal to reflect the post-exhibition Gateway conditions and these changes are detailed within Table 2.

 

BACKGROUND

 

6.      Council adopted the Parramatta Employment Lands Strategy (ELS) at its meeting of 11 July 2016, which identified the Melrose Park industrial area precinct as being a Structure Plan precinct and suitable for redevelopment for non-industrial uses.

 

7.      In May 2016, a Planning Proposal was lodged for the Holdmark East site, however this was not progressed due to the requirement within the adopted ELS to first prepare a structure plan for the precinct before any Planning Proposals could be progressed. This Planning Proposal was subsequently placed on hold until the Southern Structure Plan process was complete.

 

8.      A draft Southern Structure Plan was submitted by the Applicant for the southern part of the Melrose Park precinct in November 2017, which was subject to extensive review and refinement over the course of 2018 and early 2019. Council endorsed the draft Southern Structure Plan for public exhibition on 24 June 2019 and it was exhibited from 14 August to 10 September 2019. Following exhibition, a revised version of the draft Southern Structure Plan (Attachment 5) was considered and adopted by Council on 16 December 2019.

 

9.      Adopted by Council on 23 March 2020, City of Parramatta’s Local Strategic Planning Statement (LSPS) sets out Council’s 20-year vision for land use and infrastructure in the City of Parramatta. Melrose Park is identified as a Local Centre within the LSPS and is therefore suitable for high density residential development. The LSPS recognises that Melrose Park could provide over 2,000 jobs once redeveloped and identifies the need for improved public transport. As Melrose Park is identified as a Growth Precinct and the Planning Proposal will help deliver housing and infrastructure needs, it aligns with the vision of the LSPS.

 

10.    The Applicant lodged a revised Planning Proposal with Council on 11 May 2020 reflecting the requirements of the adopted Southern Structure Plan and incorporating an additional site at 82 Hughes Avenue. The revised Planning Proposal was considered by the LPP on 29 September 2020 and the LPP unanimously supported the recommendation of the report. Council endorsed the Planning Proposal to proceed to the Department of Planning and Environment (DPE) for Gateway Determination on 9 November 2020.

 

11.    A Gateway determination was issued by DPE on 17 August 2021 requiring the Planning Proposal to be submitted to DPE by 30 June 2022 for finalisation to occur by 31 August 2022.

 

12.    A report on the draft Site-Specific DCP and draft Planning Agreement was considered by Council on 28 March 2022, where both documents were endorsed to proceed to public exhibition. After this time, Council officers undertook further discussions with the proponent regarding the finer details of the clauses within the Planning Agreement, which took several months to resolve.

 

13.    A Gateway Alteration was issued by DPE on 12 September 2022 granting an extension until 24 December 2022 for the Planning Proposal to be submitted to DPE for finalisation.

 

14.    The draft Planning Proposal, draft Site-Specific DCP and draft Planning Agreement were publicly exhibited from 25 August to 21 September 2022.

 

SITE DESCRIPTION

 

15.    The southern precinct is bound by Hope Street to the north, Wharf Road to the east, Parramatta River to the south and Atkins Road to the west. It is located approximately 6km east of the Parramatta CBD and adjoins the Ryde Local Government Area (LGA) to the east. The proposed Parramatta Light Rail Stage 2 (PLR2) corridor runs through the precinct along Hope Street before turning south onto Waratah Street and over the proposed bridge connecting to Wentworth Point.

 

16.    The sites subject to this Planning Proposal are located on the eastern and western sides of the southern precinct. The East Site, which relates to 112 Wharf Road and 30 and 32 Waratah Street is approximately 42,692m2 (4.2ha) and is located to the south of Melrose Park Public School. The West Site is approximately 51,607m2 (5.1ha) and bound by Hughes Avenue to the east, Parramatta River to the south, Atkins Road to the west and 71 Atkins Road and 80 Hughes Avenue along the northern boundary. These sites are referred to as “East” and “West” respectively in this report (see Figure 1). These two sites comprise of approximately 9.4ha of the 19ha southern precinct, which equates to approximately 49% of the land area under Holdmark’s ownership

 

17.    The sites are currently largely developed and occupied by a variety of industrial premises. The East Site comprises pharmaceutical, engineering and plastics manufacturing. The West Site comprises purpose-built pharmaceutical manufacturing buildings. Surrounding land uses comprise low density residential in both the Parramatta (west) and Ryde LGAs (east), Parramatta River to the south and industrial land between both sites.

 

18.    There are currently no Planning Proposals lodged with Council for the remaining industrial sites within the southern precinct. As a result, it is difficult to provide a timeframe for when the remainder of the southern precinct will be redeveloped.

 

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Figure 1. Sites subject to this Planning Proposal

 

OVERVIEW OF THE PLANNING PROPOSAL

 

19.    The Planning Proposal seeks to amend PLEP 2011 to enable redevelopment for high density residential, public open space and some small-scale retail/commercial uses on the two sites. Refer to Table 1 below for a summary of the existing and proposed controls.

 

20.    Specifically, the Planning Proposal also seeks the following amendments:

 

   Amend Schedule 1 Additional Permitted Uses of PLEP 2011 to permit ‘food and drink premises’ in the R4 High Density Residential zone. The intention of this amendment is to enable street-level activation by allowing restaurants and cafes to operate on the ground floor of buildings.

 

    Amend the Land Reservation Acquisition map to reflect areas of open space to be dedicated to Council.

 

    Insert provisions into PLEP 2011 similar to those utilised for the Melrose Park North amendment to ensure that consideration is given to the State infrastructure, including schools, required to serve the precinct relative to the number of dwellings proposed when development applications are determined.

 

    Insert provisions in PLEP 2011 to ensure that the new planning controls do not take effect on the subject sites prior to the local infrastructure identified in the local Planning Agreement being secured. It is envisaged that the mechanism will be via a deferred commencement clause as was done with the Melrose Park North amendment.

 

    Insert a site-specific provision in Part 6 additional local provisions – generally of PLEP 2011 amending the Additional Local Provisions map to include the land to ensure:

 

-    That design excellence provisions be applicable to buildings of 55m and above in height and appoint a Design Excellence Panel to provide design advice for all development applications within the subject sites. Floor space and height bonuses are not to be awarded on any development lot.

 

-    A minimum of 1,000m2 of non-residential floor space is to be provided within the subject sites to serve the local retail and commercial needs of the incoming population.

 

Table 1. Summary of current and proposed planning controls on the subject sites

 

EAST SITE

WEST SITE

 

112 Wharf Road

30 Waratah Street

32 Waratah Street

82 Hughes Avenue

Current Zone

IN1 General Industrial

Proposed Zone

Part R4 High Density Residential, part RE1 Public Recreation

RE1 Public Recreation

Part R4 High Density Residential, part RE1 Public Recreation

Part R4 High Density Residential, part RE1 Public Recreation

Current FSR

1:1

1:1

Proposed FSR (gross)

1.66:1

1.78:1

Proposed FSR (net)

2.74:1

2.46:1

Current height limit

12m

12m

Proposed Height

Ranging between 6 storeys (25m), 8 storeys (34m), 20 storeys (68m) and 22 storeys (77m)

Potential dwelling yield per site

835 dwellings

1,090 dwellings

Combined potential dwelling yield

1,925 dwellings

Non-residential floor space component

500m2

500m2

 

21.       Refer to Figures 2 to 7 showing the current and proposed zones, height of buildings and FSR controls. Figure 8 shows the proposed Additional Local Provisions location, Figure 9 shows the proposed land reserved for dedication to Council (at no cost as per Planning Agreement) and Figure 10 shows the proposed Additional Permitted Uses location.

 

Figure 2. Current land use zones applicable on the subject sites

 

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Figure 3. Proposed land use zones on the subject sites

 

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Figure 4. Current maximum height of building applicable on the subject sites

 

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Figure 5. Proposed height of buildings on the subject sites

 

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Figure 6. Current FSR applicable on the subject sites

 

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Figure 7. Proposed FSRs on the subject sites

 

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Figure 8. Proposed location of Additional Local Provisions (design excellence competition)

 

 

Figure 9. Land subject to dedication to Council

 

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Figure 10. Proposed location of Additional Permitted Uses provision (food and drink premises)

 

PLANNING PROPOSAL CHANGES

 

22.    No changes to the intended outcomes are proposed to the Planning Proposal as a result of the public exhibition. However, several minor amendments have been made to reflect the conditions of the Gateway determination. These changes are identified in Table 2 below. Two mapping changes have been made to better identify the land subject to the proposed additional permitted use and additional local provisions. These include:

 

i.    Updating the Additional Local Provisions map (Figure 8) which now identifies the land subject to design excellence competition provisions requiring buildings of 55m and above to be subject to a design excellence competition and that all development applications on the East Site and West Site be subject to review by the Design Excellence Panel.

ii.   Creation of an Additional Permitted Uses map (Figure 10) to identify the expanded area subject to the proposed additional permitted use of ‘food and drink premises’.

 

23.    The ‘food and drink premises’ use was initially envisaged to be permissible only along the waterfront of Parramatta River but has been revised to enable the use to be permissible anywhere within the R4 High Density Residential zone. This is to ensure greater flexibility and to be consistent with the Council resolution from 9 November 2020 that endorsed the submission of the Planning Proposal for Gateway determination. It is noted that the future fit out and use of these premises will be subject to detailed impact assessment at the development application stage.

 

 

Table 2. Changes to the Planning Proposal

POST-EXHIBITION GATEWAY CONDITIONS

Condition

Action

a)

          ensure endorsement of the Parramatta Employment Land Study and alignment with the planning proposal outcomes;

The Parramatta Employment Land Study is currently with DPE for endorsement; however, no timeframe has been provided as to when endorsement may occur. Following advice from DPE, a statement has been included in Section 3.1.1 of the Planning Proposal outlining how the Proposal responds to the requirements of the Employment Lands Study.

 

b)

          further consideration of how the planning proposal aligns with the broader Melrose Park precinct in terms of implementation and delivery of infrastructure to ensure the orderly development of land

As experienced in the finalisation of the Melrose Park North Planning Proposal, it is not possible to dictate the order in which redevelopment of land occurs within the Melrose Park Precinct. However, the local Planning Agreement (refer to summary later in this report) includes a staging plan in the Infrastructure Services Delivery Plan identifying at which stage of redevelopment the identified infrastructure items are required to be delivered. This ensures that the infrastructure required to support the incoming population is delivered at the appropriate stag of redevelopment. This has been inserted into Section 10.1.1 of the Planning Proposal.

 

c)

          consistency with section 9.1 Direction 1.1 Business and Industrial Zones and Central City District Plan Planning Priority C11;

Additional explanation has been included in Section 3.2.3 of the Planning Proposal detailing consistency with this Direction and Priority.

 

d)

          ensure there is a mechanism in place for the delivery of local and State infrastructure required to support the anticipated growth;

Text has been inserted in Section 1.1 of the Planning Proposal indicating that the intended mechanism to meet this condition is via the requirement of the proponent to enter into Planning Agreements with both Council and the State Government to secure applicable contributions towards the delivery of local and State infrastructure.

 

It is anticipated that a concurrence clause will be inserted into PLEP 2011 relating to the timing of development and State infrastructure delivery such as significant road works and schools. This approach was taken for the Melrose Park North Planning Proposal

 

The draft local Planning Agreement includes a staging plan in the Infrastructure Services Delivery Plan identifying at which stage of redevelopment the identified infrastructure items are required to be delivered.

 

In addition, Council’s officers will recommend to DPE that a provision be inserted into PLEP 2011 that specifies a date to which the new controls come into effect. This approach was taken with the Melrose Park North Planning Proposal to ensure the local Planning Agreement is finalised and registered before any redevelopment of the site seeking to utilise the new controls could occur.

 

e)

          ensure that the land is suitable for the intended land uses with regard to high-pressure pipeline safety risk with a hazard assessment against the relevant legislation and policies.

A Hazard Analysis Report was prepared during the preparation of the Melrose Park North Planning Proposal to address DPE’s and School Infrastructure NSW’s concerns about the proximity of the Viva high pressure oil pipeline to the new school site in the northern precinct. This report covers the entire Melrose Park precinct and concludes that the maximum individual fatality risk only occurs at two locations where the Gore Bay Pipeline changes direction and would only apply to sensitive land uses (schools, hospitals, etc.). These uses are not currently proposed on the subject sites. Therefore, the proposed redevelopment satisfies the individual fatality risk criteria.

 

Despite the report concluding that there is no risk to the subject sites, the report does recommend several measures, many of which relate to sensitive land uses such as hospitals, aged care facilities and child care centres. The remaining recommendations are in relation to the detailed design of the future buildings within the precinct.

 

Given the Proposal is still at rezoning stage, the Arriscar report is sufficient to satisfy item 5 (e) of the Gateway Determination. Further studies will be undertaken at Development Application and Construction Certificate stage once the use and design of each individual building is known. This has been inserted into Section 3.2.2 of the Planning Proposal.

 

OVERVIEW OF THE DRAFT DEVELOPMENT CONTROL PLAN

 

24.    The LEP is a higher-order planning instrument than the DCP and contains the overarching planning provisions such as the zoning, height of buildings and floor space ratio.  The Draft Site-Specific DCP supports the provisions within the LEP by providing detailed development controls relating to design, character, and the environment to ensure the desired outcome for the site is achieved. The draft Site-Specific DCP was endorsed by Council for public exhibition on 28 March 2022 provides specific development requirements for the Melrose Park South precinct and is required to be consistent with the new LEP controls that are set by the Planning Proposal.

 

25.    The Melrose Park South Site-Specific DCP (refer to Attachment 4) has been drafted using the Melrose Park North DCP (adopted by Council on 11 October 2021) as a template with changes made where necessary to respond to the context of the southern precinct. As with the north, a collaborative approach has been taken in working with the proponent to finalise the draft DCP.

 

26.    The draft DCP reflects and is consistent with the key development standards and desired outcome of this Planning Proposal.

 

Primary DCP Objectives

 

27.    The draft DCP will guide development and contain specific requirements that must be addressed during the design stage of the planning process and future development applications, having regard to the location within an identified Growth Precinct, the local context and detailed design requirements for the two sites. The detailed design requirements are grouped into five (5) main parts, being:

 

i.   Introduction

ii.  Built Form

iii. Public Domain

iv. Vehicular Access, Parking and Servicing

v.  Sustainability

 

28.    These parts contain multiple sub-sections that include detailed controls, such as:

 

·         General objectives and principles

·         Solar access

·         Allocation of gross floor area (building envelopes)

·         Dwelling mix

·         Setbacks

·         Desired future character

·         Street and block layout

·         Open space

·         Tower design

·         Parking requirements

·         Ground floor frontage

·         Stormwater management

 

29.    A key consideration when drafting the DCP controls was to ensure that the best possible amenity in the precinct could be achieved for the future residents, visitors, and existing neighbours in the surrounding low density residential areas. The draft DCP underpins and relates to the site configurations and building envelopes identified in the Southern Structure Plan (refer to Attachment 5) and the Planning Proposal to achieve the FSRs and building heights adopted by Council for these sites and the broader southern precinct. The current scheme is shown in Figure 9 below.

 

Figure 9. Proposed scheme on the East Site and West Site

 

30.    Although several submissions raised matters relating to the draft DCP, including road carriageway requirements and the effectiveness of the design controls, these concerns are considered to be addressed by the proposed controls. Details of these matters and Council officer responses are provided at Attachment 2.

 

31.    A concern was raised in a submission relating to the indicative gross floor area map contained at Figure 2 on page 14 of the draft DCP, and the distribution of non-residential gross floor area between the East Site and West Site. Figure 2 only provides for a maximum residential gross floor area and does not include the minimum 1,000m2 non-residential gross floor area that is required by the draft LEP provisions. Council officers have since confirmed that Figure 2 included the residential and non-residential gross floor area as part of the residential gross floor area figure. Therefore, it is recommended that the legend be updated to refer to the combined residential and non-residential gross floor area (refer to Figure 10 below). The distribution of residential and non-residential gross floor area will be considered further at the development application stage.

 

Figure 10. Updated Figure 2 referring to combined residential and non-residential GFA

 

OVERVIEW OF THE DRAFT PLANNING AGREEMENT

 

32.    The draft Planning Agreement relating to the provision of local infrastructure has a total value of $37,246,825 and proposed to deliver the following items.

 

NO

ITEM

CONTRIBUTION VALUE

1.

Affordable rental housing (24 units with a minimum of 34 bedrooms) dedicated to Council in perpetuity.

 

$16,169,411

2.

Dedication of land to be used as public open space to Council at no cost. Embellishment of new public open space to Council’s requirements with a 50% offset* included in the Planning Agreement for the cost of works.

 

 

 

 

$21,077,414

3.

Delivery of cycleways and new roads with a 50% offset* for the cost of works included in the Planning Agreement.

 

TOTAL VALUE OF OFFER

$37,246,825

Per Unit Contribution

$19, 349

 

* A 50% offset is included in the Planning Agreement as an acknowledgement by Council that the subject works will benefit the broader community and not just the residents within the development. It means that half of the identified cost of delivering this infrastructure is offset by Council and half is offset by the developer.

 

33.    This offer is the result of extensive negotiations over the past 12 months and is considered an appropriate contribution towards the provision of local infrastructure. The items included in the offer are consistent with the Infrastructure Needs List (INL) for the precinct which is to be used to inform all Planning Agreements in the precinct.

 

34.    Comments on the draft Planning Agreement that were raised in submissions related to appropriateness of the included infrastructure items. Council officer responses are provided later in this report.

 

CONSULTATION

 

35.    The Planning Proposal, draft Site-Specific DCP and Draft Planning Agreement and supporting documents were publicly exhibited from 25 August to 21 September 2022. During this time the community was invited to comment on the draft documents. Notification methods used in the exhibition included:

 

a.      Letters to landowners within a 1km radius of the site, including those within the Ryde LGA (over 6,400 letters in total);

b.      Dedicated exhibition page on Council’s Participate Parramatta website;

c.       Advertisement on Council’s website;

d.      Hard copies of the draft documents and supporting information provided at Council’s Customer Contact Centre, Parramatta Library and Ermington Branch Library;

e.      Geo-targeted social media campaigns on Council’s Facebook and Instagram platforms; and

f.       Advertisement in Parra News.

 

36.    Public agencies and State Members of Parliament were also notified in writing of the public exhibition, with the following consulted:

 

·         Transport for NSW

·         City of Ryde Council

·         Transport for NSW - Parramatta Light Rail

·         Sydney Water

·         Environment, Energy and Science

·         Viva Energy

·         Department of Education

·         Ausgrid

·         Heritage NSW

·         Transgrid

·         Fire and Rescue NSW

·         Endeavour Energy

·         Western Sydney Local Health District

·         Dr Geoff Lee MP, Member for Parramatta

·         NSW Ministry of Health

·         Victor Dominello MP, Member for Ryde

·         Greater Cities Commission

 

37.    A total of eighty-six (86) submissions were received from 85 submitters (two submissions were received from the same submitter) as part of the community consultation period. A detailed breakdown of positions taken by the submitters is provided in Table 3. Overall, 3% of submissions supported the Proposal in full and 77% objected to the Proposal in full. Other submissions either partially supported or objected or were uncertain. A breakdown of who made submissions is provided in Table 4.

 

Table 3. Breakdown of submission positions

POSITION

TOTAL NUMBER

PERCENTAGE %

Support

2

3

Object

65

77

Partial Objection

1

1

Partial Support

7

8

No Objection

4

4

Neutral

6

7

Total

85

100

 

Table 4. Breakdown of submissions received

 

NUMBER

BREAKDOWN

Community/landowners

77

Various residents, landowners and stakeholders

Public Agencies

4

·         Western Sydney Local Health District

·         Environment, Energy and Science Group (part of DPE)

·         Transport for NSW (combined with PLR)

·            Education NSW/School Infrastructure NSW

Other Organisation

4

·         Endeavour Energy

·         City of Ryde Council

·         Community Housing Industry Association NSW

·         Mecone

Total

85

 

 

COUNCIL OFFICER RESPONSES TO KEY ISSUES RAISED IN SUBMISSIONS

 

38.    A summary of the common concerns raised in the submissions and Council officer responses is provided below. A number of other concerns were raised in submissions in addition to those mentioned below. Detailed Council officer responses are provided in Attachment 2 to this report. While a number of issues have been raised in relation to the exhibited planning provisions, it is considered that these matters are addressed in the draft provisions or can be addressed as part of the detailed design at the development application stage. Therefore, no changes to the exhibited draft Planning Proposal, DCP or Planning Agreement are recommended as a result of the issues raised in submissions.

 

 

39.    The most common themes raised by community members/landowners were as follows:

 

a.      building height, scale, location, and local character/amenity (raised by 78%),

b.      Traffic impacts, parking, and Transport Management and Accessibility Plan (TMAP) (raised by 70%),

c.       Infrastructure provision (raised by 70%),

d.      Environmental impacts (raised by 34%),

e.      Heritage impacts (raised by 9%), and

f.       Consultation process (raised by 9%).

 

Building Heights and Amenity

 

40.    Most submissions objecting to the exhibited scheme raised concerns regarding the proposed building heights, advising they are too high resulting in overshadowing, loss of privacy and neighbourhood character, in addition to being inconsistent with the Southern Structure Plan that was adopted by Council on 16 December 2019.

 

Council Officer Response

 

41.    It is acknowledged that there are some differences between the proposed building heights identified in the Southern Structure Plan, however they are considered to remain consistent with the envisaged approach for the precinct. The proposed height variation on the East Site ranges between an additional 7m to 10m above those identified within the Southern Structure Plan. On the West Site, the height variation ranges between an additional 10m and 19m above that identified in the Southern Structure Plan.

 

42.    The proposed buildings heights identified on the subject sites in the Proposal have been informed by those identified in the Southern Structure Plan, which was a high-level guiding document intended to inform any future Planning Proposal in the Precinct. Although urban design testing was undertaken as part of the development of the Southern Structure Plan to determine appropriate height and FSR controls, it was acknowledged that these would be subject to further, detailed testing and refinement at the Planning Proposal stage.

 

43.    As a result of detailed testing and discussions between Council officers and the proponent as part of the Planning Proposal and DCP work, some variations to building height were considered appropriate to produce a better built form outcome. These height variations do not result in an increase in the gross floor area (GFA) identified on these sites in the Southern Structure Plan. Additionally, the core principles of the Southern Structure Plan have been retained, which include:

 

a.      ensuring that the taller buildings are located within the centre of the site and away from existing low-density residential development surrounding the precinct;

 

b.      ensuring that each building has a courtyard width greater than that is required by the Apartment Design Guide;

 

c.       that solar access within and outside of the two development sites is maximised;

 

d.      maintaining key view lines outside the precinct to minimise the perception of density; and

 

e.      maintenance of the 17m landscaped buffer along Wharf Road.

 

44.    While the variations may not appear to be minor, they have enabled better utilisation of lower building heights on the perimeter of the site and improve the interface to surrounding lower density areas. The draft DCP (refer to Appendix 3) shows buildings of four (4) storeys can be achieved in certain areas on the West Site because of the heights increasing elsewhere. Council officers consider that lower perimeter heights are preferred even if it results in the taller building in the centre of the site. These amended heights have been tested and comply with solar access and other Apartment Design Guide (ADG) requirements.

 

45.    In addition, the draft DCP includes objectives and controls relating to built form, which specifies requirements such as building setbacks, building separation, the distribution and allocation of floor space on a block-by-block basis, and tower design and slenderness. These controls are intended to ensure that the perception of the building heights within the precinct is minimised at street level.

 

46.    The issues raised in relation to the height of buildings are therefore not considered sufficient justification to warrant a reduction in the proposed building heights on the site. Extensive urban design testing has been undertaken to demonstrate that the proposed heights can be achieved without significant and unmanageable impacts being experienced by future or surrounding residents and this is considered to be consistent with the core principles of the adopted Southern Structure Plan. It is therefore recommended that the provisions be retained as exhibited.

 

Traffic Impacts and Transport Management and Accessibility Plan (TMAP)

 

47.    Most submissions objecting to the proposal raised concern regarding the potential traffic impacts on the existing road network, particularly within the Ryde LGA, and questioned the TMAP’s (Attachment 7) validity, relevancy to current road and traffic conditions, and level of consultation with Ryde Council.

 

Council Officer Response

 

48.    It is acknowledged that any redevelopment within the Melrose Park precinct will have some impact upon the local road network and to a lesser extent, the wider regional network.

 

49.    A TMAP was prepared in response to a Gateway Determination condition relating to the Melrose Park North Planning Proposal. The aims of the TMAP were to understand the existing traffic behaviour, road network capacity and public transport services and identify improvements to public transport and the road infrastructure that would be required to support the proposed redevelopment of the Melrose Park precinct at each stage of its redevelopment. The TMAP was subject to extensive review and consultation by the TMAP reference group, which comprised stakeholders from Council and State Agencies, including Transport for NSW (TfNSW), DPE, and applicants from the northern and southern precincts of Melrose Park. The TMAP was signed off and endorsed for exhibition by TfNSW.

 

50.    The TMAP is required to be utilised for all Planning Proposals within Melrose Park in addition to site-specific traffic studies for each Planning Proposal. While not involved in the TMAP reference group, Ryde Council officers were briefed in the TMAP, and their input was provided as part of the exhibited Planning Proposal for the Melrose Park North Precinct. Should a review of the TMAP be required, further input from Ryde Council will be sought to ensure any additional concerns have been addressed.

 

51.    The TMAP is an informing document to the Proposal and provides a comprehensive analysis of the potential traffic and parking impacts and includes required mitigation measures that future redevelopment must deliver to ensure the traffic and transport network can accommodate the proposed increase in density on the site. It also provides a Staging Plan for the delivery of required road upgrades and public transport infrastructure to service the precinct as well as recommended parking rates. Refer to Table 4 for a summary of the staging plan and dwelling thresholds. As development progresses, the applicant will need to demonstrate that the required infrastructure will also be delivered as identified in the TMAP’s staging plan.

 

Table 4. TMAP infrastructure staging plan

STAGE

INFRASTRUCTURE TRIGGER POINT (DWELLINGS)

YIELD SUPPORTED (DWELLINGS)

KEY INFRASTRUCTURE REQUIRED

Existing network

NA

1,100

Nil

Stage 1A

1,100

1,800

Wharf Road widening south of Victoria Road

Left in/left out access from Victoria Road to NSR2

Stage 1B

1,800

3,200

Upgrades of Victoria Road/Wharf Road intersection including additional turning lanes

Additional through-lane on Marsden Road

Stage 1C

3,200

6,700

Further upgrades of Victoria Road/Wharf Road intersection

Full signalisation

Additional R turn lanes on Victoria Rd

3 new lanes on southern Kissing Point Road approach

4 new lanes on northern approach Kissing Point Road approach

New signalised pedestrian crossings

-           Widening of Victoria Rd between Kissing Point Road and Wharf Road

-           - Shuttle bus service to Meadowbank Station and increased frequency of public services throughout Stage 1

Stage 2

6,700

11,000

New bridge to Wentworth Point and PLR Stage 2 or bus equivalent

Staged delivery of internal road network

Increased public transport services

 

52.    Stages 1A, 1B and elements of Stage 1C are being delivered as part of the redevelopment in the northern part of the precinct, which will enable the 6,700 dwelling capacity to be realised. In addition, the State Government has committed to providing the bridge to Wentworth Point to be utilised by public and active transport users. Although the bridge may not be delivered for several years and may not immediately accommodate light rail services, it is expected that the timing of construction being finished will coincide with the earlier stages of redevelopment of the precinct also being completed. The bridge to Wentworth Point is a significant undertaking and will allow residents on the North side of Parramatta River to access the Sydney Metro West Station at Sydney Olympic Park. This will provide considerable public transport benefits to future residents in Melrose Park and as well as those within the Ryde LGA.

 

53.    The methodology and the assumptions and inputs used in the TMAP were presented to and endorsed by the project reference group in the early stages of the project and were considered appropriate to ensure the results would be an accurate reflection of the potential changes to the use and density of the Precinct. The outcomes of the TMAP testing were also supported by the project reference group prior to finalisation of the TMAP report.

 

54.    Despite the TMAP being finalised in early 2019, it retains its relevancy and ability to provide direction for the precinct. Technical studies relating to large projects such as Melrose Park North are prepared at varying stages throughout the project’s life and, it is not uncommon for the studies to precede the project’s exhibition date given that they are used to inform the content that is ultimately placed on exhibition. In this instance, any change in inputs used for the modelling and assumptions is likely to not be significant and would have a negligible impact in the TMAP’s results, particularly as the overall dwelling yields that have been modelled are not subject to change.

 

55.    In response to concerns raised regarding local traffic impacts, especially on Andrew Street and Constitution Road West within the Ryde LGA, these areas were included in the TMAP’s study area and therefore considered during the modelling phase. The TMAP does not identify a need for any specific upgrades or alterations to these roads as part of future works. However, traffic management solutions implemented on the roads within the southern precinct such as turning restrictions from the precinct into Andrew Street to discourage rat-running by drivers trying to avoid Victoria and Wharf Roads will be explored in further detail at the development application stage. Traffic management measures can also be reviewed at any time regardless of whether they are associated with proposed redevelopment. Council’s Traffic team will continue to monitor the functionality of the road network within the precinct as development progresses and after full redevelopment of the precinct has occurred to determine what measures will be required to address any traffic management concerns.

 

56.    No change is recommended to the TMAP at this stage. The TMAP is still considered to be a relevant document for its intended purposes given the overall dwelling yields that have been modelled in the Precinct have not changed since the study delivered its initial recommendations. The infrastructure upgrades required to meet the density thresholds, many of which are to be delivered as part of redevelopment in the northern precinct, are considered to be sufficient to reasonably accommodate the proposed development. Solutions to manage potential commuter traffic behaviour into Andrew Street are not identified in the TMAP or the proponent’s Traffic Assessment, however, will be explored in further detail at the development application stage.

 

Infrastructure Provision

 

57.    Many submissions commented that the Planning Proposal and draft Planning Agreement do not provide sufficient infrastructure within the precinct nor propose any contribution towards funding new infrastructure or upgrades to existing infrastructure within the Ryde LGA.

 

Council Officer Response

 

58.    The Melrose Park precinct is intended to be self-sufficient in providing for the daily recreation needs and in the provision of local retail/commercial facilities for incoming residents. Therefore, it is not considered that the majority of residents will regularly leave the precinct for these reasons. It is acknowledged however that the incoming residents to Melrose Park will potentially utilise some infrastructure such as roads and public open space located within the Ryde LGA. However, this is not expected to place a significant burden on this infrastructure. In return, residents within the Ryde LGA will likely utilise the new infrastructure within Melrose Park, such as new open space along the foreshore, the new playing field in the northern precinct, new retail services in the town centre and George Kendall Riverside Park. George Kendall Riverside Park provides for regional organised sporting facilities in additional to informal active recreation, which is similar in function to Meadowbank Park within the Ryde LGA. Incoming residents are expected to more readily utilise the facilities of George Kendall Riverside Park, which provides similar amenities to Meadowbank Park, due to its closer proximity

 

59.    With regards to increased road usage outside the precinct within the Ryde LGA, traffic modelling undertaken for this precinct as part of the TMAP indicates that a significant increase in the volume of traffic is not anticipated as a result of the redevelopment of the precinct. Extensive upgrades are proposed to Wharf Road and Victoria Road to increase efficiency at this intersection, and it is possible to incorporate traffic management measures as part of future development applications to discourage commuter vehicles from using Andrew Street during peak times. It is not anticipated that the additional traffic on local roads within the Ryde LGA will significantly accelerate road deterioration. 

 

60.    Further, the introduction of light rail or alternative public transport service to the precinct will enable residents to connect to the new Sydney West Metro service at Sydney Olympic Park, resulting in fewer vehicles relying on the road network.

 

Character Loss

 

61.    A high proportion of submissions raised concern regarding a loss of neighbourhood character that will result from the proposed redevelopment. 

 

Council Officer Response

 

62.    It is acknowledged that Melrose Park has an established character both as industrial within the Parramatta LGA and low density residential within the Ryde LGA. The proposed changes to the precinct within Parramatta are necessary because of the declining functionality of the existing industrial land, as evidenced in the Planning Proposal and within the 2016 Council Employment Lands Strategy, which was also confirmed in the 2020 revision. Further, Melrose Park is identified as a Local Centre within the LSPS and is therefore suitable for high density residential development as an identified Growth Precinct.

 

63.    Whilst the introduction of high-density residential development will change the existing character, it is intended to revitalise the area and create a vibrant urban environment with improved amenities for residents within and adjacent to the precinct. This will occur through the introduction of new public open space, a new primary school (in the northern precinct), and 30,000m2 of new retail and commercial facilities as part of the new town centre in the northern precinct. The precinct has been designed to minimise impacts on adjoining low density residential properties through the use of landscaped buffer zones along Wharf Road and lower building heights on the perimeter of the development.

 

SOUTHERN PRECINCT LANDOWNER SUBMISSIONS

 

Southern Precinct Landowner Group (Mecone)

 

64.    A submission was received from a representative of multiple landowners within the southern precinct. The submission does not object to the redevelopment of the precinct but does comment on the proposed non-residential floor space provision, considering it to be insufficient, and raises concern regarding the proposed building height variation from the Southern Structure Plan and considers that a finer-grained approach should be applied in the LEP mapping.

 

Council Officer Response

 

65.    The matters raised in this submission are noted. It is considered that they can be addressed through further discussion with the relevant landowners to determine potential future intentions for the respective sites to achieve the best possible outcome. A portion of the required non-residential floor space is being provided within the northern precinct as part of the new 30,000m2 town centre, which will serve many of the community’s needs. With regards to the difference in building height per the Southern Structure Plan this is addressed under ‘Building Heights and Amenity’ above.

 

George Weston Foods

 

66.    A submission was received from the landowner of a site currently occupied by large scale bread manufacturing operations. The submission raised no objection to the draft Planning Proposal, however raised concerns regarding the potential for land use conflicts between existing industrial uses and future high density residential uses, loss of employment, and the distribution of building height and FSR allocations.

 

Council Officer Response

 

67.    It is acknowledged that the presence of contrasting land uses while the precinct undergoes redevelopment is a matter that will need to be carefully managed, however it is considered that the DCP and other applicable controls will ensure that any potential negative amenity impacts, and interface issues are minimised as the precinct transitions away from industrial uses. The loss of industrial employment will be largely offset by the introduction of retail and commercial employment principally within the town centre. Again, issues relating to building heights are addressed under ‘Building Heights and Amenity’ above.

 

AGENCY SUBMISSIONS

 

68.    A total of seventeen (17) public and private agencies and organisations were notified as part of the public exhibition, with seven (7) submissions received. These submissions are briefly summarised and addressed below..

 

Transport for NSW (TfNSW) / Parramatta Light Rail (PLR)

 

69.    The combined submission from TfNSW and PLR raises no objection to the Planning Proposal, but provides several comments as follows:

 

a.      The need for proponents in Melrose Park South to contribute to the infrastructure and services.

 

b.      Suggestion that any amendment to PLEP 2011 for the southern precinct include similar provisions for the concurrence of the Planning Secretary as the northern precinct and that the proponent should enter into a Planning Agreement outlining the developer’s contribution to delivering State infrastructure and services.

c.       That the State Government has committed funding of some nearby major public transport initiatives including Sydney Metro West and a public and active transport connection across Parramatta River to accommodate the future Parramatta Light Rail Stage 2 and public bus operations.

 

d.      That the timing of delivery of this State infrastructure may be after redevelopment of the precinct and it’s therefore important that the early stages of development need to be supported by shuttle buses to nearby transport hubs provided by proponents.

 

e.      It is estimated that a 50% share of trips will be made by active and public transport by future residents of Melrose Park. It is therefore important that road reserves (carriageway and footways) can appropriately and safely accommodate public transport, freight, and active transport.

 

f.       That it is unclear whether the needs of the local road users have been fully considered, particularly in the areas adjacent to the proposed town centre.

 

g.      That it is unclear from the plans included in the DCP whether adequate space has been allocated along Hope Street to cater for future public transport services and active transport movements.

 

h.      That a provision relating to the operating length of any shuttle bus be inserted into the draft Planning Agreement.

 

i.        That land proposed for dedication along the PLR corridor be made clear in the Planning Agreement.

 

Council Officer Response

 

70.    These matters are noted, and it is considered that they can be addressed as part of the post exhibition and finalisation processes of the Planning Proposal, DCP and Planning Agreement.

 

71.    With regards to the recommendation for a provision for a shuttle bus to be inserted into the Planning Agreement, it is noted that a shuttle bus is proposed to serve all of Melrose Park as part of the draft Planning Agreement associated with the Melrose Park North Planning Proposal. It is insufficient for each developer to run their own respective shuttle bus service in this regard. The shuttle bus is expected to run until such time that Parramatta Light Rail (stage 2) or similar is provided in conjunction with the bridge (now committed to by the State government) connecting the precinct to Wentworth Point. 

 

Department of Education / School Infrastructure NSW

 

72.    The submission from School Infrastructure NSW raised no objection to the Proposal but does comment on several matters for consideration. These relate to the demand for educational facilities within the precinct, overshadowing and privacy impacts on the existing Melrose Park Public School, active transport and access and infrastructure contributions. The submission provided no clear direction on the provision of a secondary school within the precinct or within the catchment of the precinct.

 

Council Officer Response

 

73.    The matters raised in the submission are noted. It is considered that potential overshadowing and privacy impacts on the existing school site as a result of the proposed redevelopment can be addressed in detail at the development application stage, as can active transport and access needs.

 

74.    The matter of demand for educational facilities, in particular the provision of a secondary school facility, is an ongoing concern for Council officers which requires an active and considered approach from School Infrastructure NSW as a priority to ensure that the education needs of the precinct can be met. School Infrastructure NSW has stated in its submission its commitment to ensuring public schools are supporting the community’s needs and continue to be appropriately resourced to respond to student population changes. A provision for ensuring this matter is appropriately addressed by School Infrastructure NSW is proposed to be included in PLEP 2011 through the use of a concurrence clause that will require the Planning Secretary to be satisfied that State public infrastructure needs (including transport and schools) are met before development proceeds. With regards to the request for public schools to be exempt from paying development contributions, this matter will be considered by Council officers as part of ongoing reviews of Council’s infrastructure contributions plans.

 

Western Sydney Local Health District

 

75.    The submission from the Western Sydney Local Health District raised no objection to the Proposal but recommends that several matters be considered by Council officers relating to mosquito management in the foreshore area along the southern boundary of the precinct, potential outdoor recreation space use, and river front access after storm events.

 

Council Officer Response

 

76.      The matters raised in this submission are noted. Council has an Intertidal Management Plan to manage mosquitos in urban areas and it is considered that riverfront access can be managed through existing procedures.

 

Environment, Energy and Science

 

77.    The submission from Environment, Energy and Science (EES) raised no objection to the Proposal. Comment is made on the biodiversity value of the Ermington Bay Wetland and identified potential impacts from shadowing and sedimentation. Comment is also made on flooding considerations and recommendations for further flood studies to be undertaken.

 

Council Officer Response

 

78.    The ecological significance of the Ermington Bay Wetland is known by Council and protection of this sensitive ecosystem is an essential element for the future development of the Melrose Park Precinct. It is considered that the potential overshadowing impacts and sediment control can be managed by careful design and layout of the buildings and though soil management strategies. These matters, including detailed flood modelling, will be further addressed at the development applications stage.

 

City of Ryde Council

 

79.    The submission objects to the Planning Proposal and raises some concern regarding the proposed additional permitted use on the site of ‘food and drink premises’’. Comment is also made on the draft local Planning Agreement relating to the lack of contributions towards funding infrastructure upgrades within the Ryde LGA and concern around the proposed securities for some items. Comment is also made on the application of Council’s contributions plans and on the lack of proposed open space provision and road and traffic network impacts, considering them to be unacceptable.

 

Council Officer Response

 

80.    The proposed zoning and the suite of potential uses that might be proposed are considered reasonable to ensure a vibrant precinct is delivered. Any impacts from other specific potential land uses that may become permissible as a result of the rezoning will be subject to a detailed assessment as part of a development application should such a use be proposed. This assessment process will include a further public exhibition period where input from the community will be sought. If proposed, any ‘food and drink premises’ must demonstrate that the potential amenity impacts from its operation are considered acceptable in order for it to be approved.

 

81.    The draft Planning Agreement is between the City of Parramatta Council and the proponent. As indicated above, it is not considered that the anticipated population of Melrose Park will result in significant increases in demand on infrastructure within the Ryde LGA particularly given the recreational and active open space areas that will be provided within the Melrose Park Precinct, which will also be available for use by residents within the Ryde LGA to use if they wish. Therefore, no contributions are proposed to fund specific works within the Ryde LGA. The infrastructure to be delivered as part of this development and the broader redevelopment of the precinct has been identified in the INL and the requirements for each Planning Proposal are assessed using this list and on a merit basis to determine whether it is appropriate for additional infrastructure to be included in Planning Agreements.

 

82.    Any proposed traffic management works required to be undertaken to reduce the impact on traffic flow within the Ryde LGA as a result of the proposed development can be addressed at the development application stage. Council officers will hold discussions with Ryde Council staff regarding appropriate solutions and traffic treatments to ameliorate any problems that should arise as the precinct redevelops.

 

83.    In relation to the non-inclusion of clauses in the Planning Agreement regarding securities and defects periods, this was an unintentional omission and will be addressed prior to the Planning Agreement being executed. The proponent has agreed to the inclusion of such provisions. These provisions do not impact on the value of the items proposed to be delivered in the Planning Agreement.

 

Endeavour Energy

 

84.    The submission received from Endeavour Energy raised no objection to the Proposal. The submission comments on the current capacity of the network and suggests that a new zone substation may be required within the precinct to ensure future demand can be met.

 

 

 

 

 

Council Officer Response

 

85.    The comments raised in this submission are noted. Any future upgrades required to the network as part of the redevelopment will be addressed at the development application stage.

 

Community Housing Industry Association NSW

 

86.    This submission supports the proposed inclusion of affordable rental housing units, however, does question why more units are not being provided given the proposed uplift. Comments are made on affordable rental housing strategies for Council’s consideration to ensure adequate provision in future redevelopments.

 

Council Officer Response

 

87.    The comments made in this submission are noted and the exploration of alternative options for securing the provision of affordable rental housing will always be pursued. The approach taken when negotiating the affordable rental housing provision as part of this Planning Proposal and Planning Agreement was that preference was given to securing affordable rental units in perpetuity in addition to securing other required infrastructure in the precinct. This is considered better than relying on the provision of affordable rental housing via the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) which only guarantees the provision of said housing for a limited time period. The draft Planning Agreement does not preclude the provision of affordable rental housing under the Housing SEPP at the development application stage.

 

FINANCIAL IMPLICATIONS FOR COUNCIL

 

88.    Any work to progress the finalisation of the Planning Proposal would be prepared by Council Officers and therefore within the existing City Planning and Design budget. Should this matter progress, a Planning Agreement delivering new public open space, social and community infrastructure to the value of $37,246,825 will be entered into between Council and the applicant. Further, at development application stage, development contributions in keeping with the current rates contained in the former Parramatta Section 94A Development Contributions Plan (Amendment No. 5) 2017 will be applied to the development.

 

CONCLUSION AND NEXT STEPS

 

89.    It is recommended that the Local Planning Panel support the Council Officer recommendation that the Planning Proposal be referred to the DPE for finalisation.

 

90.    Council officers recommend that the Local Planning Panel support the Council Officer recommendation to finalise the draft DCP, which provides detailed design controls in support of the Planning Proposal.

 

91.    Council officers recommend that the Local Planning Panel support the Council Officer recommendation to adopt the draft Planning Agreement.

 

92.    Following Local Planning Panel consideration of the recommendations of this report, the outcomes of the exhibition period for the draft Planning Proposal, Draft DCP and draft Planning Agreement will be reported to an upcoming Council meeting along with the Panel’s advice.

 

Amberley Moore

Senior Project Officer

 

Michael Rogers

Land Use Planning Manager

 

David Birds

Group Manager, Major Projects and Precincts

 

Jennifer Concato

Executive Director City Planning and Design

 

 

Attachments:

 

1

Table of Community Submissions

28 Pages

 

2

Responses to Issues Raised

20 Pages

 

3

Updated Planning Proposal

81 Pages

 

4

Site-Specific DCP (Melrose Park South)

102 Pages

 

5

Southern Structure Plan

4 Pages

 

6

Planning Agreement

90 Pages

 

7

TMAP

117 Pages

 

 

 

REFERENCE MATERIAL

 


Item 6.1 - Attachment 1

Table of Community Submissions

 

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Item 6.1 - Attachment 2

Responses to Issues Raised

 

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Item 6.1 - Attachment 3

Updated Planning Proposal

 

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Item 6.1 - Attachment 4

Site-Specific DCP (Melrose Park South)

 

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Item 6.1 - Attachment 5

Southern Structure Plan

 

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Item 6.1 - Attachment 6

Planning Agreement

 

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Item 6.1 - Attachment 7

TMAP

 

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