NOTICE OF Local Planning Panel  MEETING

PUBLIC AGENDA

 

A Local Planning Panel  meeting will be held in PHIVE 2 Civic Place, Parramatta at 5 Parramatta Square on Tuesday, 18 April 2023 at 3:30pm.

 

 

 

 

Bryan Hynes

ACTING CHIEF EXECUTIVE OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THIS PAGE IS LEFT BLANK INTENTIONALLY

 

 

 

 

 

 

 


Local Planning Panel                                                18 April 2023

 

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: 62 Boundary Street, PARRAMATTA  NSW 2150 (Lot 14 Sec 2 DP 939772)......................... 6

5.2           OUTSIDE PUBLIC MEETING: 7-7B St Andrews Street & 79-79A Kissing Point Road, DUNDAS  NSW  2117 (Lot 7 DP 219954, Lot 8 DP 219954, Lot 8 DP 222650, Lot 1 DP 869976 and Lot 2 DP 869976)........................................... 56

 

6      Confidential Matters

6.1           OUTSIDE PUBLIC MEETING: 37A Grand Avenue, CAMELLIA (Lot 2 DP 539890)

This report is confidential in accordance with section 10A (2) (e) (g) of the Local Government Act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law; AND the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.


 

Development Applications

 

18 April 2023

 

5.1           PUBLIC MEETING: 62 Boundary Street, PARRAMATTA  NSW 2150 (Lot 14 Sec 2 DP 939772)......................................................... 6

 

5.2           OUTSIDE PUBLIC MEETING: 7-7B St Andrews Street & 79-79A Kissing Point Road, DUNDAS  NSW  2117 (Lot 7 DP 219954, Lot 8 DP 219954, Lot 8 DP 222650, Lot 1 DP 869976 and Lot 2 DP 869976)...................... 56


Local Planning Panel  18 April 2023                                                Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER        5.1

SUBJECT                 PUBLIC MEETING: 62 Boundary Street, PARRAMATTA  NSW 2150 (Lot 14 Sec 2 DP 939772)

DESCRIPTION         Demolition of existing structures, tree removal and construction of a 3 storey, 48 place childcare centre with basement parking for 12 vehicles.

REFERENCE           DA/823/2022 - D08898183

APPLICANT/S          HVH Investment Pty Ltd

OWNERS                 HVH Investment Pty Ltd

REPORT OF            Group Manager Development and Traffic Services         

RECOMMENDED     Refusal

 

DATE OF REPORT  8 March 2023

 

REASON FOR REFERRAL TO LPP

 

The application is referred to the Parramatta Local Planning Panel as the application has received 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.

 

The Site

 

The subject land is a regular shaped, north-south oriented mid-block land parcel with a frontage of 15.360m to Boundary Street, an average site depth of 46m, resulting in a total site area of 706m2. The site has a gentle fall from Boundary Street towards the rear of the site of approximately 1.05m over a site depth of 46m.

 

At present, the development site currently accommodates an older style single storey residential dwelling and associated structures.

 

The development site is bounded by lower style residential dwellings to its northern, eastern, and southern boundaries and older style walk up flats and dwelling houses to the south. The site is also within proximity to Auto Alley to the east.

 

The Proposal

 

Consent is sought for the following:

 

1.     Demolition of existing structures and tree removals.

2.     Construction of a 3 storey building for the purposes of a childcare centre for 48 children.

 

Basement

·        12 parking spaces, including 5 staff spaces and 7 visitor spaces

 

 

Ground Floor

1.     1 X 0 – 2 year old playroom for 8 children

2.     1 x 2 – 3 year old playroom for 10 children

3.     1 x cot room with 4 cots

4.     1 x 0 – 3 bathroom / nappy room

5.     Staff room, office, kitchen, laundry and bathroom

6.     Outdoor play area

 

First Floor

1.     1 x 3 – 5 year old playroom for 20 children

2.     1 x 3 – 5 year old outdoor play area for 10 children

3.     1 x 3 – 5 year old outdoor play area for 10 children

4.     2 x bathroom

 

Second Floor

1.     1 x 3 – 5 year old playroom for 10 children

2.     1 x 3 – 5 outdoor play area for 10 children.

3.     2 x bathroom

 

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 28 October 2022 and 11 November 2022. In response, 10 unique submissions objecting to the proposal were received within the notification period and 1 submission received outside of the notification period. The issues raised in these submissions were:

 

1.     Traffic movements and congestion;

2.     Parking;

3.     Tree removal;

4.     Health Risks (Pollution / Air Quality);

5.     Amenity (Quality of Life);

6.     Amenity (Safety and Security);

7.     Solar access;

8.     Privacy;

9.     Acoustic Impacts;

10.   Pick up/Drop Offs;

11.   Heritage; and

12.   Property Values

 

Assessment

 

As the application was lodged prior to 2 March 2023, the application is made pursuant to the provisions of 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 (Biodiversity and Conservation) 2021, SEPP (Transport and Infrastructure) 2021, SEPP (Precincts – Central River City) 2021 and Paramatta LEP 2011, as well as Paramatta DCP 2011.

 

Upon review of the application, the site is considered unsuitable for the proposed development. The subject site is narrow, and the development has been designed to reduce amenity impacts of the development on adjoining properties. As a result, the development utilizes extensive blank walls, limited fenestrations and articulation which is a poor design outcome on the streetscape. The design of the development has also not been able to demonstrate that the design of the development receives satisfactory internal amenity (solar and cross ventilation). The proposal has also failed to consider the heritage items located opposite the site and in this regard has not been designed to consider the area and the local context.

 

The application also failed to submit information required to satisfactorily assess the development with regards to stormwater, contamination, and traffic.  Accordingly, Council’s Health Officer (Contamination), Development Engineer and Traffic Engineer could not complete its assessment of the proposal. Further, Council’s Universal Access Officer and Heritage Adviser also does not support the proposal for reasons stated throughout the Assessment Report.

 

The application was reviewed by the Design Excellence Panel (DEAP) who raised concerns with regards to the narrow nature of the site, insufficient side boundary setbacks, basement design, quality of architectural plans, location of outdoor play areas, lack of landscaping and that the proposal in its current form does not demonstrate design excellence and is inappropriate for the subject site.

 

After consideration of the development against the relevant statutory and policy provisions, the proposal is unsuitable for the site and is in not 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, refuse DA/823/2022 for the reasons stated in Attachment 1.

 

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

 

REASONS FOR REFUSAL

 

1.     The proposal does not 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 whilst permissible within the R4 High Density Residential zone does not comply with the provisions against Section 4.15 of the Environmental Planning and Assessment Act 1979;

 

3.     The development is incompatible with the emerging and planned future character of the area; and

 

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

 

 

 

 

 

Denise Fernandez

Senior Development Assessment Officer

 

Sarah Irani

Team Leader Development Support

 

 

 

 

Attachments:

1

Assessment Report

33 Pages

 

2

Locality Plan

1 Page

 

3

Assessment Plans

12 Pages

 

 

 

REFERENCE MATERIAL

 


Item 5.1 - Attachment 1

Assessment Report

 

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Item 5.1 - Attachment 2

Locality Plan

 

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Item 5.1 - Attachment 3

Assessment Plans

 













Local Planning Panel  18 April 2023                                                Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER        5.2

SUBJECT                 OUTSIDE PUBLIC MEETING: 7-7B St Andrews Street & 79-79A Kissing Point Road, DUNDAS  NSW  2117 (Lot 7 DP 219954, Lot 8 DP 219954, Lot 8 DP 222650, Lot 1 DP 869976 and Lot 2 DP 869976)

DESCRIPTION         Demolition, tree removal, site consolidation and construction of two part 5 and part 6 storey residential flat buildings with 3 levels of basement carparking. The application is Nominated Integrated development pursuant to the Water Management Act 2000.

REFERENCE           DA/14/2023 - D08899883

APPLICANT/S          HVH Investment Pty Ltd

OWNERS                 HVH Investment Pty Ltd

REPORT OF            Group Manager Development and Traffic Services         

RECOMMENDED     Refusal

 

DATE OF REPORT  9 March 2023

 

REASON FOR REFERRAL TO LPP

 

The application is referred to the Parramatta Local Planning Panel as the application is a Residential Flat Building that is more than 3 storeys in height.

 

EXECUTIVE SUMMARY

 

This is a summary of the full assessment of the application, the Section 4.15 Assessment Report, Attachment 1.

 

The Site

 

The subject site is known as 79-79A & 7-7B St Andrews Place, Dundas (Lots 7 & 8 in DP 219954 & Lots 1 & 2 in DP 869976). The site is an irregular shaped allotment with a north-south orientation. It is a midblock allotment on a cul-de-sac with dual frontage to St Andrews Street and Kissing Point Road. The site comprises of 4 land parcels and once consolidated will result in a large irregular shaped arrow-head shaped land parcel with a total site area of 3,318.1m2.

 

The existing development on the site contains a church and associated car parking and residential dwellings.

 

Within proximity to the site are Dundas Train Station and Dundas Commercial Precinct. The site is also situated within close proximity to a local primary school, child care facilities and recreational opportunities. The locality is well serviced by public transportation station, with Dundas Light Rail Station situated 300m west from the development site.

 

The Proposal

 

Consent is sought for the following:

 

1.       Demolition of existing structures and tree removals.

2.       Site consolidation

3.       Construction of 2 x 5 to 6 storey residential flat building comprising 53 units with basement car parking for 82 vehicles.

 

Building A

 

Basement 01

·        45 parking spaces, storage, lifts and staircases

 

Ground Floor

1.     28 parking spaces, storage, lifts and staircases

2.     Garbage room and bulky waste room

3.     27 bicycle spaces

 

Level 1

1.     8 visitor spaces

2.     Bin collection room, services, loading bay

3.     1 x 1 bedroom unit

4.     1 x 2 bedroom unit

5.     1 x 3 bedroom unit (adaptable)

 

Level 2

1.     1 x 1 bedroom unit

2.     5 x 2 bedroom units

3.     3 x 3 bedroom units (1 adaptable unit)

 

Level 3

1.     6 x 2 bedroom units (1 adaptable unit)

2.     2 x 3 bedroom units (1 adaptable unit)

 

Level 4

1.     8 x 2 bedroom units (1 adaptable unit)

2.     1 x 3 bedroom unit (adaptable)

 

Level 5

1.     6 x 2 bedroom units

2.     2 x 3 bedroom units

 

Level 6

1.     3 x 2 bedroom units

2.     1 x 3 bedroom unit

 

Building B

 

Ground Floor

1.     1 x 1 bedroom unit

2.     1 x 2 bedroom unit

 

Level 1

1.     1 x 1 bedroom unit

2.     1 x 2 bedroom unit

3.     1 x 3 bedroom unit (adaptable)

4.     Communal Open space

 

Level 2 and 3

1.     1 x 1 bedroom unit

2.     1 x 2 bedroom unit

3.     1 x 3 bedroom unit (adaptable)

 

Level 4

1.     1 x 2 bedroom unit

2.     1 x 3 bedroom unit (adaptable)

 

Level 5

·        Communal Open space

 

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 24 January 2023 and 22 February 2023. As a result of the notification period, six (6) unique submissions were received during the notification period. The issues raised in these submissions were:

 

1.     Traffic movements and congestion;

2.     Access to the Site;

3.     Acoustic impacts;

4.     Insufficient Infrastructure and services;

5.     Development scale;

6.     Insufficient landscaping;

7.     Lack of maintenance on adjoining park; and

8.     Limited space for pedestrian traffic;

 

Assessment

 

As the application was lodged prior to 2 March 2023, the application is made pursuant to the provisions of Parramatta Local Environmental Plan 2011, which permits the proposed development on land within the R4 High Density Residential zone. 

 

Council has received notice that the applicant has lodged a Deemed Refusal Appeal on 1 March 2023.

 

The application was assessed against the relevant environmental planning instruments, including SEPP (Resilience and Hazards) 2021, SEPP (Biodiversity and Conservation) 2021, SEPP (Transport and Infrastructure) 2021, SEPP 65 - Design Quality of Residential Apartment Development, SEPP BASIX and Paramatta LEP 2011, as well as Apartment Design Guide and Paramatta DCP 2011.

 

Council raises concern with regards to the design of the development, in particular the presentation of the development on St Andrews Street. Building A which addresses St Andrews Street has been designed with a wide building floor plate and as a result dominates the streetscape. A lack of landscaping and deep soil areas also contributes to a ‘bulky’ built form. Further, the proposal seeks a variation to the maximum height for the site by 11.4% which exacerbates the perception of bulk and scale on a pedestrian level. It is noted that a Clause 4.6 Variation was submitted with the application and is addressed in detail in Attachment 1.

 

To accommodate multiple levels of basement areas, extensive excavation works are required. As such, the proposal was referred to Water NSW as nominated integrated development pursuant to Section 90(2) of the Water Management Act 2000. Council has not received concurrence from Water NSW and therefore Council cannot recommend the application for approval. The application was also referred to Transport for NSW in accordance with Clause 2.119 of State Environmental Planning Policy (Transport and Infrastructure) 2021 – Chapter 2 Infrastructure. Upon review of the proposal, Transport for NSW required additional information to complete its assessment. To date, this information has not been received to allow Transport for NSW to assess the application.

 

The application also failed to submit information required to satisfactorily assess the development with regards to public domain, universal access, waste and engineering.

Accordingly, Council’s Urban Designer, Universal Access Officer and Waste Officer could not complete its assessment of the proposal.

 

The application was not reviewed by the Design Excellence Panel (DEAP) as Council received notice of the Deemed Refusal Appeal prior to the scheduled meeting on 13 April 2023. As the proposal has not demonstrated design excellence, the development is inappropriate for the subject site.

 

After consideration of the development against the relevant statutory and policy provisions, the proposal is unsuitable for the site and is in not 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, refuse DA/14/2023 for the reasons stated in Attachment 1.

 

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

 

REASONS FOR REFUSAL

 

1.     The proposal does not 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 whilst permissible within the R4 High Density Residential zone does not comply with the provisions against Section 4.15 of the Environmental Planning and Assessment Act 1979;

 

3.     The development is incompatible with the emerging and planned future character of the area; and

 

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

 

 

Denise Fernandez

Senior Development Assessment Officer

 

Sarah Irani

Team Leader Development Support

 

Attachments:

 

1

Assessment Report

28 Pages

 

2

Locality Plan

1 Page

 

3

Plans used in Assessment

14 Pages

 

4

Internal Plans (confidential)

7 Pages

 

 

 


Item 5.2 - Attachment 1

Assessment Report

 

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Item 5.2 - Attachment 2

Locality Plan

 

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Item 5.2 - Attachment 3

Plans used in Assessment