Local Planning Panel 16 May 2023 Item 5.1
ITEM NUMBER 5.1
SUBJECT OUTSIDE PUBLIC MEETING - 183 Macquarie Street, PARRAMATTA (Lot A DP 375159)
DESCRIPTION Construction of a 12 storey building containing a retail shop and a 'Co-Living' development comprising 93 rooms with indoor and outdoor communal spaces over 1 level of basement.
REFERENCE DA/837/2022 - D08933640
APPLICANT/S PTI Architecture
OWNERS Rapisarda Holding Pty Limited
REPORT OF Group Manager Development and Traffic Services
RECOMMENDED Refusal
DATE OF REPORT 28 April 2023
REASON FOR REFERRAL TO LPP
Due to a variation being proposed under clause 4.6 of the Parramatta LEP 2011 to section 69(1)(b)(ii) of the Housing SEPP for minimum lot size for co-living housing of more than 10%.
EXECUTIVE SUMMARY
The Development Application is seeking approval for a 12 storey co-living development containing 93 rooms and commercial spaces on Lot A DP 375159 (183 Macquarie St, Parramatta). The development application has been submitted with a clause 4.6 variation to clause 69(1)(b)(ii) of the Housing SEPP for the minimum lot size for co-living development, as the subject site is 487.3sq.m, this represents a 39.1% variation to the 800sq.m minimum lot size. This variation has not been accepted.
Due to the sites size this has resulted in significant variations being proposed to the development standards including, but not limited to, the minimum setbacks to the eastern and western side boundaries, restricted ability for car access and the ability for garbage to be serviced onsite. Other than the site size the application has been submitted without a number of flood measures and reports, it does not comply with a number of controls within the Housing SEPP, Transport and Infrastructure SEPP, Parramatta LEP 2011 and Parramatta DCP.
The application is recommended for refusal for the reasons outlined in the recommendation section of this report.
SITE DESCRIPTION
The subject site is a single allotment legally described as Lot A DP 375159 and known as 183 Macquarie St, Parramatta. The allotment is regular in shape and is 487.3sq.m in size with a 10.6m frontage to Macquarie St, the lot is cleared with no known easements or impediments besides a sewer line traversing through the back of the site. Under PLEP 2011 the site is zoned B4 Mixed Use and has a maximum height of 145m.
The site is located on the Parramatta Light Rail route on the eastern periphery of the Parramatta City Centre, about 400m east of the Parramatta Railway station and 120m from the future Robin Thomas Light Rail Station. It is located 270m south west of the Parramatta River and 150 metres north of the Clay Cliff Creek, a Sydney Water asset which is defined by a concrete channel.
Surrounding development comprises a mix of uses consistent with the locality’s mixed-use zoning given its fringe CBD location. The area is transitioning towards a higher proportion of high density mixed use developments. The adjoining site to the east at 189 Macquarie St is a former Council parking lot which has been sold and redeveloped as a seven storey privately owned parking lot, the site can allow for two towers up to 47 storeys. A Development Application and 8.3 review for this development has been refused by the Sydney Central City Planning Panel most recently in December 2022. The site also adjoins a two storey commercial building at 181 Macquarie St to the west and a 11 storey residential flat building at 6 Charles St. The closest university is the Western Sydney University Innovation Hub at 6 Hassall St or Western Sydney University Parramatta City Campus at 169 Macquarie St, both being 350m walk (5 min).
(a) That, the Parramatta Local Planning Panel does not support the variation to section 69(1)(i) of the State Environmental Planning Policy (Housing) under the provisions of Clause 4.6 for the following reasons:
1. Non compliance with Australian Standards - The setback to 189 Macquarie St contravenes the requirement of AS1668.2-2012 The use of ventilation and airconditioning in buildings – 4.4.2 (d)(ii) which requires the location of any relief-air openings, including vehicle entries and exits to be more than 6m away from any outside air intake or natural ventilation opening not associated with the enclosure.
2. Setbacks - The setback to 189 Macquarie St and 12 Charles St is inconsistent with the ADG requirements, section 69(b) of the Housing SEPP requires compliance with the ADG building separations.
3. Solar Access - The proposal does not demonstrate compliance with section 69(c) of the Housing SEPP which requires at least 3 hours of direct solar access will be provided between 9am and 3pm at mid-winter in at least 1 communal living area. Reduced setbacks due to the smaller lot size does not allow for greater windows and open space to the side boundaries which would allow greater solar access.
4. Desired Future Character - The proposal does not comply with section 69(f) of the Housing SEPP in that the design of the building is not compatible with the desired future character of the precinct. Due to the non-compliance with the lot size the development does not have a building design which is envisioned under the CBD DCP, being tall slender towers above a podium.
5. Flood Planning – Due to the site size the development does not have enough space for the proper flood planning provisions on the ground floor and leads to the development obstructing the flood extent and increases flooding impacts on adjoining sites.
6. Parking/Site Access - The site frontage does not allow for vehicular access and motorcycle, car parking and car share parking to meet the requirements of the Housing SEPP and Parramatta DCP 2011.
7. Waste Collection - The site size does not allow for waste collections to occur within the site. This would not be possible from the street due to the PLR route. Due to the size of the development it is also inconsistent with the development controls contained within Appendix A8 of the Parramatta DCP for waste to be collected from the street.
(b) That, the Parramatta Local Planning Panel, exercising the function of the consent authority, refuse development consent to DA/837/2022 for the construction of a 12-storey building containing a retail shop and a 'Co-Living' development comprising 93 rooms with indoor and outdoor communal spaces over 1 level of basement on land at 183 Macquarie St, Parramatta.
(c) Further, that submitters are advised of the decision.
REASONS FOR REFUSAL
1. State Environmental Planning Policy (Housing) 2021
a) Section 69(1)(b)(ii) – The development does not comply with the minimum lot size for co-living housing.
b) Section 69(1)(h) – The development has not provided adequate motorcycle parking spaces.
c) Section 69(2)(b) – The development does not comply with the required building separations provided within 3F of the Apartment Design Guideline to both the eastern and western boundaries to 189 Macquarie St and 12 Charles St.
d) Section 69(2)(c) - The development does not demonstrate compliance with the required solar access for at least 3 hours of direct solar access to be provided between 9am and 3pm at mid-winter in at least 1 communal living area.
e) Section 69(2)(f) - The design of the building is not consistent with the desired future character of the precinct as envisioned by Part 6.3 of the Parramatta DCP 2011.
2. State Environmental Planning Policy (Resilience and Hazards) 2021
a) Section 4.6 - A Preliminary Site Investigation (PSI) Report which supports the Geotechnical Investigation is not provided. It cannot be confirmed that the site meets the contamination and remediation requirements. The lack of this document is not compliant with section 2.4.4 of the Parramatta DCP 2011 relating to land contamination.
3. State Environmental Planning Policy (Transport and Infrastructure) 2021
a) Section 2.99 – Concurrence has not been provided from TfNSW as the development proposes excavation below 2m within 25m measured horizontally of a rail corridor (Parramatta Light Rail).
4. Parramatta Local Environmental Plan 2011
a) Section 5.21 - The development has not demonstrated that it can adequately not obstruct the flood extents and causes loss of flood storage. This is also non-compliant with Section 6.7.2 of the Parramatta DCP 2011. A flood Emergency Response Plan is not provided which is required under section 6.7.4 of the Parramatta DCP 2011, and the development will not meet the objectives of this control nor any of the controls under 5.21(2).
b) Section 6.1 – The development is non-compliant as it has not been submitted with an Acid Sulfate Soil management plan and has not adequately addressed the provisions within this section.
c) Section 7.24 – The development has not provided a minimum 1:1 commercial FSR.
d) Section 7.25 – The development does not comply as written concurrence of the Planning Secretary has not been provided.
5. Parramatta Development Control Plan 2011
a) Section 2.4.5 - The Australian Standard 1668.2-2012 The use of ventilation and airconditioning in buildings – 4.4.2 (d)(ii) does not comply as the location of the relief-air openings at 189 Macquarie St are less than 6m away from any outside air intake or natural ventilation opening not associated with the enclosure.
b) Section 3.3.1 – The proposed basement extends beyond the building footprint which reduces deep soil provision.
c) Section 3.3.7 1 – There is insufficient space on Macquarie St for waste management vehicles to service the site from the street and there is no provision for this to be done from the basement as required under Appendix A8 of the Parramatta DCP for a development of this size.
d) Section 3.4.5.1 – The development has not provided a minimum of 10% or 9 units are to be accessible/adaptable units as per the Australia Standards have not been provided.
e) Section 3.6.1 – The development has not provided a minimum of 1 car share spaces for use by the residents.
f) Section 3.6.2 – The development has not provided a minimum one parking space for use by the building manager/deliveries.
g) Section 6.3.2 - The development has provided a 10.6m frontage rather than the 35m required and the objectives of the control have not been met.
h) Section 6.3.3.4 - The development has not provided the required 3.1m floor to floor heights for residential levels.
6. Environmental Planning and Assessment Act 1979
a) Section 4.15(1)(a)(i), (ii) and (iii) – The development will lead to environmental impacts to the natural and built environment it is not suitable for this development and is not in the public interest.
Paul Sartor
Development Assessment Officer
Sarah Irani
Team Leader Development Support
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1⇩ |
Assessment Report |
41 Pages |
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2⇩ |
Locality Map |
1 Page |
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3⇩ |
Architectural and Landscape Plans |
30 Pages |
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Internal achitectural Plans (confidential) |
5 Pages |
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5⇩ |
Clause 4.6 Variation |
11 Pages |
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REFERENCE MATERIAL
