Local Planning Panel 21 March 2023 Item 5.1
ITEM NUMBER 5.1
SUBJECT PUBLIC MEETING: 21-23 Norfolk Road, EPPING (Lot 4 DP 8487, Lot A DP 371706)
DESCRIPTION Section 4.56 modification of DA/745/2018 for Site consolidation,
partial demolition and alterations and additions to existing structures, tree
removal and construction of a 53 place childcare centre with basement car
parking containing 14 car parking spaces (including 6 visitor spaces and 8
staff spaces) and 1 motorcycle space, associated business identification
signage and proposed hours of operation from 7:00am to 6:00pm, Monday to Friday.
The modification seeks to amend the basement parking, pedestrian entry and
other elements in order to increase childcare placements from 53 to 82 and
additional carparking from 14 to 23.
REFERENCE DA/745/2018/A - D08883254
APPLICANT/S Mr J Apostolou
OWNERS Mr N S Guo and Mrs X F Huang
REPORT OF Group Manager Development and Traffic Services
RECOMMENDED Refusal
DATE OF REPORT 27 February 2023
REASON FOR REFERRAL TO LPP
The application is being referred to Parramatta Local Planning Panel as more than 10 submissions were received over the notification period.
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/745/2018/A was lodged on 5 September 2022 and seeks to intensify the court approved childcare centre by increasing the children numbers from 53 up to 82, with additional carparking from 14 to 23.
The application is made pursuant to s4.56 of the Environmental Planning and Assessment Act 1979.
In accordance with the Parramatta Consolidated Notification Procedures, the Modification Application was notified between 16 September 2022 and 10 October 2022. Overall, 19 submissions were received over the notification period.
Key concerns raised in the submissions are as follows:
1. Traffic congestion/parking/safety.
2. Noise impacts.
3. Heritage/streetscape.
4. Tree removal.
5. Flooding/evacuation/basement earthworks.
6. Modification not substantially the same development.
7. Solar Access.
8. Devaluation of property value.
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.
In order to facilitate the proposed increase in children, various alterations and additions are required to the approved built form, including an increase in GFA of about 20m2, and increasing the quantum of unencumbered outdoor play space by utilising areas previously required to be dense landscaping.
During the assessment, a number of Council’s internal staff requested additional information, including the following:
1. Catchment Engineer – requested additional flood modelling.
2. Landscape Officer – requested the additional shed at the north-west corner of the site be deleted or relocated outside of the TPZ of an adjoining tree. It was also requested to reinstate the dense landscaping required under the approval by the LEC.
3. Heritage Advisor – requested that the design the new proposed ramp be less dominant to the streetscape.
4. Acoustic/Planning – requested that applicant provide further detail regarding how the recommendations of the acoustic report will be implemented, and how access will be facilitated between the play areas within the 2.4m high acoustic fence and the play areas outside of the fence.
However, Council’s Traffic and Transport Officer fundamentally objected to the modified proposal, advising that the increase in intensity would have cumulative adverse impacts on the surrounding traffic network. Observations and traffic studies undertaken by Council have already indicated unsafe driver behaviour as a result of the existing traffic conditions and the modified proposal will only exacerbate the issue.
A meeting was organised between the applicant’s Traffic Consultant and Council’s Officer where no resolution was imminent. In that regard, the applicant was advised that they were not required to respond to the other additional information matters as the safety impacts on the surrounding traffic network were considered to be unresolvable.
Accordingly, 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/745/2018/A be refused.
(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, refuse the requested modification to DA/745/2018/A to intensify the approved childcare centre by increasing children numbers from 53 to 82 and parking spaces from 14 to 23.
(b) Further, that submitters are advised of the decision.
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:
1. Principle 3 – Adaptive Learning Spaces;
2. Principle 6 – Amenity; and
3. Principle 7 – Safety.
b) The modified proposal is inconsistent with the following Matters for Consideration prescribed under the Child Care Planning Guidelines 2021:
1. Part 3.1 – Site Selection and Location
2. Hornsby Local Environmental Plan 2013
a) The modified proposal is inconsistent with the following clauses:
1. Clause 5.10 – Heritage Conservation; and
2. Clause 6.3 – Flood Planning.
3. Environmental Planning and Assessment Act 1979
a) The modified proposal is not considered to be substantially the same development as originally approved, and therefore does not satisfy the criteria prescribed under s4.56(1)(a).
b) The modified proposal also has non-compliances with SEPP (Transport and Infrastructure) 2021 and Hornsby Local Environmental Plan 2013. 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 Environmental Planning and Assessment Act 1979.
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1⇩ |
Locality Map |
1 Page |
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2⇩ |
Assessment Report |
14 Pages |
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3⇩ |
Plans used for assessment |
28 Pages |
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4⇩ |
Applicant's Traffic Report |
34 Pages |
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5⇩ |
Applicant's Accoustic Report |
32 Pages |
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6⇩ |
LEC approved plans |
29 Pages |
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REFERENCE MATERIAL
