Local Planning Panel 21 February 2023 Item 5.1
ITEM NUMBER 5.1
SUBJECT OUTSIDE PUBLIC MEETING: 49 North Rocks Road, NORTH ROCKS, NSW, 2151 (Lot 1 DP 1249815)
DESCRIPTION Section 4.55(1A) modification to DA/158/2017 for amalgamation of three (3) allotments, demolition of existing structures and construction of a child care centre with associated car parking and signage. The proposed modification seeks to temporarily reduce the number of children and allow operation of the centre prior to the construction of a required roundabout.
REFERENCE DA/158/2017/A - D08842232
APPLICANT/S Angsana Range Pty Ltd
OWNERS Angsana Range Pty Ltd
REPORT OF Group Manager Development and Traffic Services
RECOMMENDED Refusal
DATE OF REPORT 6 February 2023
REASON FOR REFERRAL TO LPP
This application is presented to Parramatta Local Planning Panel because there was 10+ submissions.
EXECUTIVE SUMMARY
This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 4.15 Assessment Report.
Modification Application DA/158/2017/A was lodged on 10 October 2022 and seeks to temporarily reduce the number of children and allow operation of the centre prior to the construction of a required roundabout.
The application is made pursuant to s4.55(1A) of the Environmental Planning and Assessment Act 1979.
In accordance with the Parramatta Consolidated Notification Procedures, the Modification Application was notified between 27 October 2022 and 10 November 2022. In total, 21 submissions were received, including a petition with 87 signatures.
Key concerns raised in the submissions are as follows:
a. Safety of the North Rocks Road/Speers Road Intersection, and Traffic Management;
b. Lack of Transparency/Sign fell down; and
c. Proposed use of the Child Care Centre is unclear, could be used as a school.
In accordance with the Environmental Planning and Assessment Act 1979, Section 9.1 – Directions by the Minister, this application is reported to the Parramatta Local Planning Panel for determination as the modified proposal received more than 10 submissions during the notification process.
Section 4.15 Assessment Summary
The application has been assessed relative to section 4.15 of the Environmental Planning and Assessment Act 1979, taking into consideration all relevant state and local planning controls.
The modified proposal does not seek any fundamental amendments to the built form or operation of the childcare centre, but rather a staging amendment to allow for the centre to operate at a reduced capacity prior to the construction of a required roundabout. It is of note that the intersection of North Rocks Road and Speers Road has been concluded to be currently already operating at close to its limits, and there have been recent examples of accidents occurring at the intersection. On this basis, Council’s Traffic and Transport Officer objected to the modified proposal as the additional traffic generated by the development, albeit at a reduced capacity, would still adversely impact on the safety of the traffic network for the locality.
Having regard to the matters for consideration under Section 4.15, and Section 4.55 of the Environmental Planning and Assessment Act 1979, it is recommended that Modification Application No. DA/158/2017/A be refused.
(a) That the Parramatta Local Planning Panel, pursuant to section 4.15 of the Environmental Planning and Assessment Act 1979, refuse the requested modification to DA/158/2017/A to temporarily reduce the number of children and allow operation of the centre prior to the construction of a required roundabout, subject to conditions of consent in Attachment 1.
(b) Further, that the submitters be advised.
REASONS FOR REFUSAL
1. State Environmental Planning Policy (Transport and Infrastructure) 2021 – Chapter 3: Educational Establishments and Child Care Facilities
a) The modified proposal is inconsistent with following Design Quality Principles prescribed under the Child Care Planning Guidelines 2021:
· Principle 7 – Safety.
b) The modified proposal is inconsistent with the following Matters for Consideration prescribed under the Child Care Planning Guidelines 2021:
· Part 3.1 – Site Selection and Location
2. Environmental Planning and Assessment Act 1979
a) The modified proposal is not of minimal environmental impact, and therefore does not satisfy the criteria prescribed under s4.55(1A)(a).
b) The modified proposal also has non-compliances with SEPP (Transport and Infrastructure) 2021. Accordingly, the proposal fails to satisfy the matters of consideration prescribed under s4.15(1)(a)(i).
c) The modified proposal is therefore not considered to be in the public interest and also fails to satisfy s4.15(1)(b), (d), and (e) of the EP&A Act 1979.
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1⇩ |
Assessment Report |
9 Pages |
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2⇩ |
Locailty Plan |
1 Page |
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3⇩ |
Statement of Environmental Effects |
12 Pages |
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4⇩ |
Traffic Report |
9 Pages |
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5⇩ |
Supplementary Traffic Report |
11 Pages |
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REFERENCE MATERIAL
