Agenda of Local Planning Panel - Tuesday, 18 April 2023

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

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

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

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: