MINUTES OF THE Local Planning Panel  HELD IN PHIVE 2 CIVIC PLACE PARRAMATTA AT 5 PARRAMATTA SQUARE ON Tuesday,  18 April 2023 AT 3:30pm

PRESENT

Stephen O’Connor (Chairperson), Sue Francis, Helen Deegan and Palitha Weeratunge.

1.      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.

2.      WEBCASTING ANNOUNCEMENT

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

3.      APOLOGIES

          There were no apologies made to this Local Planning Panel.

4.      DECLARATIONS OF INTEREST

There were no declarations of interest made to this Local Planning Panel.

5.      Reports - Development Applications

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  Baini Design OWNERS          E Nehme 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 Note: An interpreter was prearranged by the residents and assisted with the public forum presentations. 1.      Baofang (Lena) Tan spoke in favour of the report recommendation to refuse the development application in relation noise concerns and tree removal. 2.      Yuzhi Liang spoke in favour of the report recommendation to refuse the development application in relation to privacy and property value. 3.      Minghua Zhang spoke in favour of the report recommendation to refuse the development application in relation to traffic issues and commercial building. 4.      Li li Meng spoke in favour of the report recommendation to refuse the development application in relation to life quality. 5.      Tracey Dennett spoke in favour of the report recommendation to refuse the development application in relation to traffic issues in and around the surrounding streets and suburbs of the development application. 6.      Iao Kam Wong spoke in favour of the report recommendation to refuse the development application in relation parking issues and the environment. 7.      Wei shen spoke in favour of the report recommendation to refuse the development application in relation safety and security issues. 8.      Tao Wang was an apology. The public forum submission was received in written form, prior to the meeting. 9.      LK Shi was an apology. The public forum submission was received in written form, prior to the meeting.
	DETERMINATION (a)     That, the Parramatta Local Planning Panel, exercising the functions of Council, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, refuse DA/823/2022 for the reasons stated in Attachment 1, as amended below; i) Amend reason for refusal 3 b as follows - Clause 2.3 – the development has failed to consider and demonstrate the impacts of the desired future high density character of the area;  and ii) Amend reason for refusal 6 as follows - Sufficient information has not been provided to demonstrate that the application is in the public interest. (b)     Further, that submitters are advised of the decision. REASONS FOR DETERMINATION 1. The proposal does not facilitate the orderly implementation of the objects 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 has not demonstrated its compatibility with the emerging and planned future character of the area; and 4. Sufficient information has not been provided to demonstrate that the application is in the public interest. The Panel decision was UNANIMOUS.

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
	The Panel considered the matter listed at Item 5.2 and attachments to Item 5.2. PUBLIC FORUM There were no public forum submissions for Item 5.2.
	DETERMINATION (a) That, the Parramatta Local Planning Panel, exercising the functions of Council, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, refuse DA/14/2023 for the reasons stated in Attachment 1, as amended below; i) Include new reason for refusal as follows - The clause 4.6 variation for this Proposal has not identified sufficient environmental planning ground to justify the proposed variation. The variation has not demonstrated a satisfaction of the objectives of the development standard nor of the objects of the Environmental Planning and Assessment Act and is therefore not in the public interest. ii) Delete reason for refusal 7. (b) Further, that submitters are advised of the decision. REASONS FOR REFUSAL 1.      The proposal does not facilitate the orderly implementation of the objects 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 proposal has not demonstrated the suitability of the design of the proposal required to satisfy the Panel as to its appropriateness in its context. 4.      Sufficient information has not been provided to demonstrate that the application is in the public interest. The Panel decision was UNANIMOUS.

6.      Confidential Matters

6.1	SUBJECT          OUTSIDE PUBLIC MEETING: 37A Grand Avenue, CAMELLIA (Lot 2 DP 539890) DESCRIPTION Change of Use to a Freight Transport Facility. The development is identified as Designated Development in accordance with Clause 2.7 of the State Environmental Planning Policy (Resilience and Hazards) 2021. REFERENCE   F2022/01201 - D08907115 APPLICANT/S  Streamline Container Services Pty Ltd OWNERS          Camellia Grande Pty Ltd REPORT OF     Group Manager Development and Traffic Services
	The Panel considered the matter listed at Item 6.1 and attachments to Item 6.1. PUBLIC FORUM There were no public forum submissions for Item 6.1.
	DETERMINATION (a)     That having regard to the legal opinion given by Council’s Legal Services Unit that the appeal has poor prospects of success given the further amendments made to the proposal, and due to the lack of any expert evidence to support a refusal based on the further amended plans and documents (and risk of an adverse costs order) it is recommended that the Council resolve the Class 1 appeal by way of a section 34 conciliated agreement. (b)     Further that delegation be granted to the Group Manager of Legal Services of the City of Parramatta Council who in turn may sub-delegate to Council Officers nominated by the Manager, to negotiate and enter into an Agreement, with the Applicant pursuant to section 34 of the Land and Environment Court Act, on the basis of the set of without prejudice amended plans and attached proposed conditions of consent, which do not authorise any intensification of the use of the proposed development and which may be approved by the court. The Panel decision was UNANIMOUS.

The meeting terminated at 4:39pm.

Chairperson