MINUTES OF THE Local Planning Panel  HELD IN RYDALMERE OPERATIONS CENTRE, 316 VICTORIA RD, RYDALMERE ON Tuesday,  20 December 2022 AT 3:30pm

PRESENT

Mary-Lynne Taylor (Chairperson), Steve Driscoll, Deb Sutherland and Maree Turner.

ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND

The Chairperson, acknowledged the Burramattagal people of The Darug Nation as the traditional land owners of land in Parramatta and paid respect to their ancient culture and to their elders past, present and emerging.

WEBCASTING ANNOUNCEMENT

The Chairperson advised that this public meeting is being recorded. The recording will be archived and made available on Council’s website.

APOLOGIES

There were no apologies made to this Local Planning Panel.

DECLARATIONS OF INTEREST

Mary-Lynne Taylor, declared a conflict of interest in Item 5.1 –1 Windsor Road, North Rocks, NSW, 2151. She retired from the meeting prior debate and voting on the matter.

Note: The order of business was amended to accommodate Mary-Lynne Taylor’s conflict of interest for Item 5.1.

Reports - Development Applications

5.2	SUBJECT          OUTSIDE PUBLIC MEETING: 3 Farmhouse Road, WESTMEAD, NSW, 2145 (Lot 4 in DP 1227281) DESCRIPTION Section 8.3 Review of determination of DA/932/2021 for alterations and additions to the approved residential development including an additional 4 floors to Buildings D and F and internal and external facade changes. REFERENCE   DA/932/2021 - D08781794 APPLICANT/S  Combined Projects Westmead Pty Ltd OWNERS          Combined Projects (Westmead) Pty Ltd REPORT OF     Group Manager Development and Traffic Services
	The Panel considered the matter listed at Item 5.2 and attachments to Item 5.2. PUBLIC FORUM 1. Tim Hale from Combined Projects Westmead Pty Ltd spoke in favour of the report recommendation to approve and answered questions from the Panel in relation to the development application. 2. Aaron Sutherland from Combined Projects Westmead Pty Ltd spoke in favour of the report recommendation to approve and answered questions from the Panel in relation to the development application. 3. Sonny Embleton from Combined Projects Westmead Pty Ltd spoke in favour of the report recommendation to approve and answered questions from the Panel in relation to the development application. 4. Karl May from Combined Projects Westmead Pty Ltd spoke in favour of the report recommendation to approve and answered questions from the Panel in relation to the development application. 5. Fouad Deiri from Combined Projects Westmead Pty Ltd was available to answer questions raised by the Panel. 6. Greg Colburn from Combined Projects Westmead Pty Ltd was available to answer questions raised by the Panel. 7. Nick Turner from Combined Projects Westmead Pty Ltd was available to answer questions raised by the Panel.
	DETERMINATION (a)     The Parramatta Local Planning Panel agrees with the reasons in the Council planning assessment report for approval of the application and notes as follows: 1.      Revised written requests to vary the Building Height and FSR development standards have been received and adequately address the matters required to be demonstrated in Clause 4.6(3) of Parramatta LEP 2011; 2.      There is an approved a Concept Masterplan that was approved with variations to the Building Height and FSR prescribed by Parramatta LEP 2011; 3.      The established density under the Concept Masterplan has been used to inform the building envelopes proposed under two subsequent Development Applications, including a prior approval on the subject site; 4.      As such, strict compliance with the standards is considered to be unachievable as a variation has already been approved; 5.      The further variation sought under this application results in a 4.3% increase to the overall density established under the Concept Masterplan; 6.      The additional variation of the development standards will not create any significant additional adverse impacts in regard to overshadowing, bulk and scale, streetscape, or traffic generation; 7.      The additional density will take advantage of the significant current investment in public transport infrastructure within the Westmead Precinct; 8.      The proposal remains consistent with the aims, objectives, and desired future character of the Westmead Precinct; 9.      This is a unique situation in which the extent of variation is guided by a Concept Masterplan that was approved by Council and the JRPP, and is unlikely to be replicated outside of the master planned area. REASONS FOR APPROVAL (b) That the Parramatta Local Planning Panel, exercising the function of the consent authority, approves development consent to DA/932/2021 for alterations and additions to the approved residential development including an additional 4 floors to Buildings D and F and internal and external facade changes on land at 3 Farmhouse Road, Westmead. The recommended conditions of consent are within Attachment 1, Council planning report, for the following reasons: 1. This application relies upon the ability to vary the building height and FSR development standards in PLEP 2011. The application has been accompanied by a written request that adequately addresses the matters required to be demonstrated in Clause 4.6(3) of Parramatta LEP 2011. 2. The Panel concurs that the written request demonstrates that strict compliance with the development standards for building height and FSR in the circumstances of this case is unreasonable and unnecessary. The application as amended has properly demonstrated that these development standards have, in effect been abandoned and the terms of the Concept Masterplan should now prevail. 3. The development is permissible in the B4 Mixed Used zone pursuant to the Parramatta Local Environmental 2011 and satisfies the requirements of all applicable planning standards and controls. 4. The development will be compatible with the emerging and planned future character of the area, which is to include the provision of new public transport infrastructure such as the Parramatta Light Rail and the Sydney Metro to complement the existing heavy rail infrastructure. 5. The development will provide housing and employment that accommodates the needs of the existing and future residents, workers and visitors of Parramatta, consistent with the Westmead Place Strategy. 6. The provision of car parking is now considered adequate for this application as this location is so well served by four modes of public transport. 7. For the reasons given above, the site is suitable for the development and approval of the application is in the public interest. (c) That submitters are advised of the decision. (d) Further, that Council Officers consider amending relevant development standards such as Heights Of Buildings and Floor Space Ratios, as they relate to the subject property in the next “housekeeping amendment” that is undertaken of the relevant instrument so that the new controls are consistent with the development which has been approved in this locality. The Panel decision was UNANIMOUS.

5.3	SUBJECT          OUTSIDE PUBLIC MEETING: 30 Stanley Road, EPPING (Lot 1 DP 25650, Lot 2 DP 25650) DESCRIPTION Section 8.3 review of a determination for DA/127/2022 for alterations and additions to the dwelling house REFERENCE   DA/127/2022 - D08732061 APPLICANT/S  Think Planners OWNERS          Mr R S Dartnall, Mrs H R Dartnall REPORT OF     Group Manager Development and Traffic Services
	The Panel considered the matter listed at Item 5.3 and attachments to Item 5.3. PUBLIC FORUM 1. Brian Berry is against the report recommendation to approve the development application emailed a written submission on 22 December 2022 and was circulated to the Panel for consideration.
	DETERMINATION (a)     That, the Parramatta Local Planning Panel support the variation to Clause 4.3 of Hornsby Local Environmental Plan 2013 under the provisions of Clause 4.6 for the following reasons: 1.      That compliance with the development standard for height is considered unnecessary given the unique context and scale of the site and natural constraints present and, 2.      The proposed non-compliance will result in negligible visual impact to adjoining properties and the streetscape and, 3.      The non-compliance is minor and restricted to a small area of the roof. (b)     Parramatta Local Planning Panel, exercising the function of the consent authority, approves development consent to DA/127/2022 for the alteration and additions to the existing dwelling on land at 30 Stanley Road, Epping, subject to the conditions of consent in Attachment 1, of the Council planning report. 1. The development is permissible in the R2 Low Density Residential zone pursuant to the Hornsby Local Environmental plan 2013 and substantially satisfies the requirements of all applicable planning standards and controls. 2. The development is compatible with the existing and emerging and planned future character of the area. 3. For the reasons given above, the site is suitable for the proposed development, and approval of the application is in the public interest. (c)     Further, that submitters be advised of the Panel’s decision. The Panel decision was UNANIMOUS.

Reports - Planning Proposals

6.1	SUBJECT          Post Exhibition: Planning Proposal and Draft Planning Agreement for 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford. REFERENCE   RZ/4/2021 – D08734127 APPLICANT/S  Karimbla Construction Services (NSW) Pty Ltd OWNERS          Karimbla Properties (No. 61) Pty Ltd REPORT OF     Project Officer Land Use
	The Panel considered the matter listed at Item 6.1 and attachments to Item 6.1. PUBLIC FORUM 1. Matthew Lennartz from Meriton spoke in favour of the report recommendation to approve and answered questions from the Panel in relation to the development application.
	DETERMINATION The Local Planning Panel supports the following Council Officer recommendation in its advice to Council with minor additional advice: (a)     That Council receive and note the submissions (summarised in this report) made during the public exhibition of the Planning Proposal and draft Planning Agreement for 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford. (b)     That Council approve the Planning Proposal (Attachment 1) for land at 263 - 273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford for finalisation that seeks to amend the Parramatta (former The Hills) Local Environmental Plan 2012 as follows: i.        Amend Schedule 1 to permit ‘shops’ and ‘food and drink premises’, ‘business premises’ and ‘recreational facility (indoor)’ up to a combined total GFA of 2,000sqm on the R4 High Density Residential zoned part of the site. ii.       Addition of the R4 High Density Residential zoned part of the site to the Additional Permitted Uses Map to facilitate retail floor space, neighbourhood supermarket along with specialty retail, business, and recreational uses. (c)     That Council approve the Planning Agreement at Attachment 2 and the Chief Executive Officer be delegated authority to sign and execute the Planning Agreement on behalf of Council which will deliver: i. A shared walking/cycling pathway through Council owned Shirley Street Reserve which forms part of the connection to the Carlingford Light Rail stop, ii. A raised pedestrian crossing accommodating both cyclists and pedestrians on Shirley Street and, in addition, iii. In addition, the above items i and ii be delivered prior to the occupation of any of the dwellings on the site. (d)     That Council delegate authority to the Chief Executive Officer to exercise the plan making delegations as granted by the Gateway Determination for this Planning Proposal. (e)     Further, that Council delegate authority to the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the plan amendment process relating to the Planning Proposal and finalisation of the Planning Agreement. The Panel decision was UNANIMOUS.

Note:

1. As previously noted, Mary-Lynne Taylor, declared a conflict of interest in Item 5.1 –1 Windsor Road, North Rocks, NSW, 2151. She retired from the meeting prior to discussion and voting on the matter.

2. Deb Sutherland assumed the role of temporary Chairperson.

5.1	SUBJECT          OUTSIDE PUBLIC MEETING: 1 Windsor Road, NORTH ROCKS, NSW, 2151 (Lot 61 DP 1264730) DESCRIPTION Construction of a commercial retail development comprising of a Woolworths supermarket, BWS liquor store, Direct to Boot distribution centre, gymnasium, and three (3) retail premises and associated car parking, landscaping, and business identification signage. The building is identified as a local heritage item A23 pursuant to THLEP 2012. The proposal is Integrated Development under Water Management Act 2000. REFERENCE   DA/318/2022 - D08693308 APPLICANT/S  Fabcot Pty Ltd OWNERS          J L Dunrose Pty Ltd; Newtown Dyers & Bleachers REPORT OF     Group Manager Development and Traffic Services
	The Panel considered the matter listed at Item 5.1 and attachments to Item 5.1. PUBLIC FORUM 1. Sophie Perry from Planning Ingenuity answered questions from the Panel in relation to the development application. 2. Nathan Dundovic from Woolworths answered questions from the Panel in relation to the development application. 3. Gregory Malempre from LocationIQ was available to answer questions raised by the Panel. 4. David Puleo from Nettletontribe Architects was available to answer questions raised by the Panel.
	DETERMINATION (a)     That the Parramatta Local Planning Panel, exercising the function of the consent authority, approves development consent to DA/318/2022 for the ‘Construction of a commercial retail development comprising of a Woolworths supermarket, BWS liquor store, Direct to Boot distribution centre, gymnasium, and three (3) retail premises and associated car parking, landscaping, and business identification signage. The building is identified as a local heritage item A23 pursuant to THLEP 2012. Integrated development under Water Management Act 2000. Installation of 20 signage types to include business identification/advertising/ direction/ safety and other’ on land at 1 Windsor Road, North Rocks. The recommended conditions of consent are within Attachment 1, of the Council planning report. REASONS FOR APPROVAL 1. The development is permissible in the B6 Enterprise Corridor zone pursuant to Parramatta (former The Hills) Local Environmental Plan 2012 and generally satisfies the requirements of the applicable planning framework. 2. The development will be compatible with the emerging and planned future character of the area. 3. The development will promote a business along a main road and encourages a mix of compatible uses. 4. The Panel notes the requirement in consent Condition 18 for the applicant to comply with the requirements of Transport for NSW as set out in the letter of the 15 November 2022, or as may be communicated by Transport for NSW subsequently. 5. The proposal provides a range of employment opportunities. 6. The amenity impacts can be appropriately managed. 7. The development is in the public interest because it is consistent with the objectives for development in the B6 Enterprise Corridor zone. 8. The Panel received the addendum dated 20 December 2022 from Senior Development Officer in relation to Conditions 1, 23, 48, 49(b) and 50 that will need to be amended to reflect the correct number of trees to be retained. The Panel accepted the amendment. 9. For the reasons given above, approval of the application is in the public interest. The Panel decision was UNANIMOUS.

Note: Following this matter, Mary-Lynne Taylor assumed the role of Chairperson and closed the meeting.

The meeting terminated at 6:09 pm.

Chairperson