Agenda of Local Planning Panel - Tuesday, 20 June 2023

Local Planning Panel 20 June 2023 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT PUBLIC MEETING: 9 -15 Elder Road, DUNDAS NSW 2117 (Lot 10 DP 1130429)

DESCRIPTION Section 4.55(1A) Modification to the approved DA/84/2018 for the approved change in operational hours of the Dundas Sports and Recreation Club. The modification seeks to amend the conditions of consent, including hours of operation, removal of trial period and set trading hours for New Year’s Eve. The application is being re-notified to ensure the correct description is provided.

REFERENCE DA/84/2018/A - D08966215

APPLICANT/S Dundas Sports & Recreation Club Ltd

OWNERS Dundas Sports & Recreation Club Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

REASON FOR REFERRAL TO LPP

The application is referred to the Parramatta Local Planning Panel as Council has received more than ten (10) written submissions during its official notification period.

EXECUTIVE SUMMARY

The proposed application seeks for a Section 4.55(1A) Modification to the approved DA/84/2018 for the approved change in operational hours of the Dundas Sports and Recreation Club. The modification seeks to amend the conditions of consent, including hours of operation, removal of trial period and set trading hours for New Year’s Eve.

The subject site is an irregular allotment with access fronting Elder Road and Albion Street. The site is zoned RE2 – Private Recreation under the Parramatta Local Environmental Plan 2023 and is surrounded by R2 – Low Density Residential, and Williams Reserve.

In accordance with the Council’s consolidated notification procedures, the Development Application was notified and advertised from the 24^thOctober 2022 to 7^th November 2022. Upon the completion of the notification period, a total of fourteen (14) submissions were received within the notification period. The key issues raised in the submissions received are listed as follows:

1. Excessive noise (live performances)

2. Privacy impacts

3. Increase in hours of operations

4. Impact on privacy and residential amenity

5. Floodlights

6. Traffic (high patronage)

7. Waste

8. Parking

9. Security

The application was referred to Council’s internal stakeholders in which departments have addressed and considered the impacts with the proposal namely regarding Acoustic and Crime Prevention.

Assessment

The application was assessed against the Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011. It is noted that no changes are made to the existing floor space (FSR) and building height. The application was found to achieve the planning controls stipulated under the Development Control Plan 2011 subject to Council’s internal referral specialists including Acoustic and Crime Prevention.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, approve the modification to DA/84/2018/A with a trial period of twelve (12) months for the amended hours of operation and establishing New Year’s Eve trading hours subject to conditions of consent in Attachment 1.

(b) That conditions of consent be included to recommend that the trial period be extended for a further twelve (12) months to establish whether the acoustic measures and the applicants’ controls are sufficient.

REASONS FOR APPROVAL

1. To facilitate the orderly implementation of the objectives of the Environmental Planning and Assessment Act 1979 and the aims and objectives of the relevant Council Planning Instrument.

2. The proposal is permissible in the RE2 – Private Recreation zone and is satisfactory when considered against Section 4.15 of the Environmental Planning and Assessment Act 1979.

3. The proposal allows for the heritage values of the site to be retained with consideration of the twelve (12) month trial period imposed for the hours of operation.

Albert Dzang

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report and Draft Conditions	18 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Specialist reports	98 Pages

Item 5.1 - Attachment 3

Specialist reports

PDF Creator

Local Planning Panel 20 June 2023 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT PUBLIC MEETING: 14 Windermere Avenue, NORTHMEAD NSW 2152 (Lot 35 DP 8884)

DESCRIPTION Demolition of existing structures, tree removal and construction of a three-storey, 88-place Child Care Facility.

REFERENCE DA/964/2022 - D08963953

APPLICANT/S Janssen Property Group

OWNERS Mrs M T Bakarat

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

REASON FOR REFERRAL TO LPP

The application is referred to the Parramatta Local Planning Panel as Council has received more than ten (10) written submissions during its official 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.

The proposed application seeks the demolition of an existing single storey dwelling house, tree removal and the construction of a part two and part three, centre based childcare catering for a total of 88 places on the site of 14 Windermere Avenue Northmead.

The site is a rectangular midblock located along Windermere Avenue, accessible via Windsor Road, William Street or Caprera Road. The site was historically zoned R2 Low Density Residential under the Parramatta (former The Hills) Local Environmental Plan 2012, and this zoning carries into the new Parramatta Local Environmental Plan 2023. To the North of the site lies an R3 Medium Density Residential zone under both aforementioned plans which hosts dwellings houses in addition to multi-dwelling developments.

In accordance with the Council’s consolidated notification procedures, the Development Application was notified and advertised from the 16^th of December 2022 to the 11^th of January 2023. Upon the completion of the notification period, a total of twenty-eight (28) submissions were received within the notification period with a further four (4) received outside of the period. The key issues raised in the submissions received are listed as follows:

1. Off street parking.

2. Heritage concerns.

3. Building height.

4. Easements & stormwater drainage.

5. Zoning.

6. Traffic movements & congestion.

7. Noise Amenity.

8. Quality of life.

The issues raised in the submissions reiterate Council’s own concerns in the proposed development.

The application was referred to Council’s internal stakeholders in which departments have raised concerns with the proposal namely regarding traffic & parking, stormwater drainage & landscape.

Assessment

The application was assessed against the Childcare planning guidelines as outlined within clause 27 of the State Environmental Planning Policy (Transport & Infrastructure) 2021. The application was found to have been contradictory to several design principles and matters for consideration regarding, solar access, internal amenity, built form & safety.

Further, the proposal includes variations to two development standards:

LEP 2011	Control	Proposed	Variation
Cl 4.3 Height	9m	9.67m	7.4%

It is noted that the applicant has not submitted a written request justifying the variation to the height of building development standard pursuant to clause 4.6 (3) of the Parramatta (former The Hills) Local Environmental Plan 2012.

It is considered that the application also fails to address key issues related to traffic and parking management, with the development providing a shortfall of 10 parking spaces.

In the interest of design excellence, the application was referred to the Design Excellence Panel on the 23^rd of February 2023. It is noted that the panel provided comments requesting modifications to the proposed design. Council has not received amended drawings in response to the Panel’s comments to date.

RECOMMENDATION

(a) That the variation to Clause 4.3 Height of Buildings pursuant to Clause 4.6 the Parramatta (former The Hills) Local Environmental Plan 2012 not be supported.

(b) That the Local Planning Panel, exercising the function of the consent authority, refuse development consent to DA/964/2022 for the demolition of existing structures, tree removal and construction of a three-storey, 88-place Child Care Facility at 14 Windermere Avenue, Northmead.

REASONS FOR REFUSAL

1. State Environmental Planning Policy (Transport & Infrastructure) 2021

a) Pursuant to Clause 3.27(1)(d)(i), the application fails to demonstrate compliance with matters raised within the Childcare Planning Guidelines to an acceptable degree.

Per Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979.

2. Parramatta (former The Hills) Local Environmental Plan 2012

a) The proposed development exceeds the prescribed maximum height of building of 9 metre as prescribed in Clause 4.3 and does not meet Objectives (a), (b) & (e).

b) The proposed development exceeds the prescribed maximum floor space ratio as prescribed in Clause 4.4 and fails to demonstrate how the proposed development meets the objectives of the zone.

Per Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979.

3. The Hills Development Control Plan 2012

a) Pursuant to Section 2.34 (e), the proposed development fails to provide a 5m setback to car parking spaces.

b) Pursuant to Section 2.34 (j) & (k), the proposed development fails to demonstrate a suitable landscape plan as required.

c) Pursuant to Section 2.2 (a), a total of four (4) accessible car spaces are required. Only one (1) space has been dedicated to accessible parking.

d) Pursuant to Section 2.14.2, the proposed development fails to demonstrate a suitable site coverage and dwelling footprint leading to excessive bulk and scale that is unfound within the locality.

e) Pursuant to Section 2.14.10, the proposed development inhibits solar access onto its rear outdoor play area, with little solar access shown to be achieved towards the lower ground floor internal play areas.

f) Pursuant to Section 2.14.11, the proposed development fails to demonstrate how the lower ground indoor play areas will be suitably ventilated noting that these spaces are located below the finished ground level.

g) Pursuant to Section 2.14.14, the proposed development fails to accommodate thirty-two (32) off-street car parking spaces.

h) Pursuant to Section 2.12, the proposed development does not achieve satisfactory stormwater drainage arrangements.

Per Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979.

4. Suitability of the Site

a) The proposed development exhibits an excessive built form as demonstrated in the non-compliant building height and floor space ratio applicable to the site that would undermine the anticipated building transition for the Thomas Street locality which is unsuitable for the site.

Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979.

5. Submissions

a) The issues raised in the submissions demonstrate that the proposed development cannot be supported in its current form.

Per Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979.

6. Public Interest

a) The proposed development is not site responsive and would result in an inappropriate Centre-based Childcare Development that is not in the public interest.

Per Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979.

Matthieu Santoso

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	40 Pages
2 ⇩	Locality map	1 Page
3 ⇩	Plans used during assessment	30 Pages
4 ⇩	DEAP Overview Report	26 Pages
5 ⇩	Traffic and Parking Impact Assessment	36 Pages
6 ⇩	Statement of Environmental Effects	70 Pages
7 ⇩	Preliminary Site Investigation Report	84 Pages
8 ⇩	Plan of Management Report	8 Pages
9 ⇩	Arborist Report	56 Pages
10 ⇩	Acoustic Report	49 Pages
11 ⇩	Access Report	27 Pages

Local Planning Panel 20 June 2023 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT OUTSIDE PUBLIC MEETING: 188 Church St, PARRAMATTA NSW 2150 (Lot 23 DP 651527)

DESCRIPTION Stage 1 concept proposal for a six storey cantilevered commercial extension atop the existing heritage listed Murrays building. The proposal will allow for the future part demolition of the heritage item including internal realignment, amendments to the shopfronts and part removal of the roof.

REFERENCE DA/960/2022 - D08954684

APPLICANT/S G and J Drivas Pty Ltd and Telado Pty Ltd

OWNERS G and J Drivas Pty Ltd and Telado Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

REASON FOR REFERRAL TO LPP

Due to the proposed part demolition of the heritage item.

EXECUTIVE SUMMARY

The subject DA is seeking concept approval for a six-storey cantilevered commercial extension atop the existing heritage listed Murrays building. The proposal will allow for the future part demolition of the heritage item including internal realignment, amendments to the shopfronts and part removal of the roof. The concept will inform a future Design Competition and then a detailed stage 2 DA, which will allow for construction.

The subject site is in a highly prominent area within the Parramatta CBD, it contains the Murrays Building which is currently a commercial building with ground floor retail. The development is also neighboured by many heritage items including Centenary Sq, the Parramatta Town Hall, Horse Parapet facade, Centennial Memorial Clock and the state heritage listed St Johns Anglican Cathedral.

The development as proposed is not found to have acceptable heritage and built form impacts on the subject site and surrounding sites. This site is included in the Church St Special Area which envisages that the subject site will be retained as a low scale heritage item which flanks Centenary Sq, it does not allow any tower development on the site. The proposed six storey addition is also found to have unacceptable heritage impacts, due to its excessive bulk and scale, on the Murrays Building and surrounding items as per section 5.10 of the Parramatta Local Environmental Plan 2011 and the heritage controls contained within the Parramatta DCP 2011.

It is due to this proposals heritage and built form outcomes that the proposal is recommended for refusal for the reasons outlined in the recommendation below.

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 development consent to DA/960/2022 for the stage 1 concept proposal for a six-storey cantilevered commercial extension atop the existing heritage listed Murrays building. Including allowance for the future part demolition of the heritage item including internal realignment, amendments to the shopfronts and part removal of the roof on land at 188 Church Street, Parramatta for below reasons for refusal.

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

REASONS FOR REFUSAL

1. Parramatta Local Environmental Plan 2011

a) Section 5.10(4) – The proposed development will have an unacceptable impact on the heritage significance of the Murrays Building (I562) and surrounding heritage items.

b) Section 7.20(3) – The proposed tower will have an unacceptable relationship with the heritage item on the site and that surround it, including the separation, setbacks, amenity and urban form.

2. Parramatta Development Control Plan 2011

a) Section 3.5.1 - Heritage Design Principles – Does not comply as the scale of the addition overwhelms the existing heritage item.

b) Section 6.1.2 - The proposals urban design and heritage outcomes does not comply with many of the general objectives of the Parramatta City Centre DCP.

c) Section 6.3.1 – The development does not comply with many of the built form guiding principles, it does not respect the street wall controls or tower setbacks.

d) Section 6.5.4 - Church St Special Area – The proposal does not comply with the objectives nor many of the controls of the Church St Special Area.

e) Section 6.6.1 – The CBD Heritage Guiding principles are not complied with.

f) Section 6.6.3 – The proposed addition does not provide an adequate heritage relationship; it doesn’t respect the items bulk or scale nor its relationship with the surrounding low scale heritage items and how they flank Centenary Square.

g) Section 6.6.4 – The addition does not benefit the heritage item and is not sympathetic to the item nor its surrounding heritage context.

3. 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 built environment it is not suitable for this development and is not in the public interest.

Paul Sartor

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	33 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	32 Pages
4 ⇩	Built Form Study used during assessment	44 Pages

Local Planning Panel 20 June 2023 Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER 5.4

SUBJECT OUTSIDE PUBLIC MEETING: 132 Victoria Road, NORTH PARRAMATTA NSW (Lot 1 DP 1007573)

DESCRIPTION Demolition and construction of a 7-storey mixed use development to be comprised of 3 retail tenancies and 45 residential apartments, including affordable apartments, over 3 levels of basement parking. The application is made pursuant to the State Environmental Planning Policy (Housing) 2021. The development is Nominated Integrated pursuant to the Water Management Act 2000.

REFERENCE DA/210/2023 - D08988645

APPLICANT/S JS Architects Pty Ltd

OWNERS Mr M Mina

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

REASON FOR REFERRAL TO LPP

Parramatta Local Planning Panel (PLPP) due to departure from development standards by more than 10% and development to which State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development applies and is 4 or more storeys in height.

EXECUTIVE SUMMARY

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

The application seeks approval for demolition of existing structures and construction of a 7-storey mixed use development comprising the following:

1. 3 retail tenancies and loading dock on the ground floor;

2. 45 residential apartments on levels 1 – 6 (27 units are proposed as affordable rental housing);

3. 3 levels of basement with 125 vehicular parking spaces;

The residential unit mix is as follows:

1. 3 x one-bedroom residential units (7%)

2. 15 x two-bedroom residential units (33%)

3. 27 x three-bedroom residential units (60%)

The subject site is located on an irregular shaped corner allotment with two street frontages on Victoria Road and Gaggin Street, North Parramatta.

Council has received notice that the applicant has lodged a Deemed Refusal Appeal on 17 May 2023. As such, an assessment of the application in its current form is required.

The issues with the proposal arise from the design of the development, primarily that the proposal includes significant variations to maximum height of building and maximum floor space ratio development standards resulting an excessive bulk and scale, and an overdevelopment of the site along with concerns over inconsistency with the E1 zone objectives and the development being out of character with the locality.

Additional issues include a lack of appropriate landscaping areas and deep soil zones (because of the extent of the footprint and the basement structure), non-compliant setbacks, location of common open space, insufficient contextual analysis of the immediate locality and public domain issues.

As noted, the proposal breaches the maximum height and floor space ratio for the site. The application was lodged with a Clause 4.6 Variation request for both development standard departures and is assessed elsewhere in this report.

As the proposal requires extensive excavation works below natural ground level, the application 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, with Water NSW citing a significant lack of detail submitted with the proposal to enable a full hydrogeological review and assessment of the proposal. Therefore, in its current form Council cannot recommend the application for approval.

Similarly, the application was 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, Transport for NSW required additional information to complete its assessment.

Council’s Development Engineers are unable to compete their review of the proposal (particularly with respect to stormwater and earthworks) due to lack of appropriate information submitted with the application, including the details requested by WaterNSW and Transport for NSW.

It is noted the application was reviewed by the Design Excellence Advisory Panel (DEAP) at a meeting held on 11 May 2023. The panel raised significant concerns over the design of the development and advised that they do not support the proposal in its current built form. Further details of the panel’s comments are documented in the attached assessment report.

In accordance with the Council’s consolidated notification procedures, the Development Application was notified and advertised from the 26^th of April 2023 to the 24^th of May 2023. Upon the completion of the notification period, a total of two (2) submissions were received within the notification period. The key issues raised in the submissions received are listed as follows:

1. Building Height;

2. Character;

3. Traffic;

4. Pollution;

5. Overdevelopment;

6. Oversupply of commercial premises.

For the above reasons and others raised throughout the assessment report, Council cannot support the application and is recommending refusal.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the Council pursuant to Section 4.16 of the Environmental Planning and Assessment Act, 1979 refuse development consent to DA/210/2023 for the demolition and construction of a 7-storey mixed use development to be comprised of 3 retail tenancies and 45 residential apartments, including affordable apartments, over 3 levels of basement parking.

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

REASONS FOR REFUSAL

1. Water Management Act 2000

a) Pursuant to Division 3 Environmental Planning and Assessment Regulation 2021, the proposal does not have concurrence from WaterNSW in accordance with Section 90 (2) of the Water Management Act 2000 – Water Management Work Approval.

Per Section 4.15 (1)(a)(iv) of the Environmental Planning and Assessment Act 1979.

2. State Environmental Planning Policy (Transport and Infrastructure) 2021

a) Pursuant to Division 3 Environmental Planning and Assessment Regulation 2021, the proposal fails to provide information required to assess Clause 2.119 – Frontage to a Classified Road of State Environmental Planning Policy (Transport and Infrastructure) – Chapter 2 Infrastructure and therefore does not have concurrence from Transport for NSW (TfNSW) in accordance with Section 138 of the Roads Act 1993.

Per Section 4.15 (1)(a)(iv) of the Environmental Planning and Assessment Act 1979.

3. State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development

The proposal does not exhibit a satisfactory proposal, in that it is inconsistent with the following provisions prescribed within State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development:

a) Design Quality Principles: Principle 1 Context and Neighbourhood Character.

b) Design Quality Principles: Principle 2 Built Form and Scale.

c) Design Quality Principles: Principle 3 Density.

d) Design Quality Principles: Principle 5 Landscape.

e) Design Quality Principles: Principle 6 Amenity.

f) Design Quality Principles: Principle 7 Safety.

g) Design Quality Principles: Principle 9 Aesthetics.

h) Apartment Design Guide: 3C Public Domain.

i) Apartment Design Guide: 3D Communal and public open space.

j) Apartment Design Guide: 3E Deep soil zones.

k) Apartment Design Guide: 3G: Pedestrian Access.

l) Apartment Design Guide: 4M Facades.

m) Apartment Design Guide: 4N Roof Design.

n) Apartment Design Guide: 4O Landscape design.

o) Apartment Design Guide: 4P Planting on Structures.

p) Apartment Design Guide: 4V Water management and conservation.

Per Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979.

4. Parramatta Local Environmental Plan 2023

The proposal does not exhibit a satisfactory proposal, in that it is inconsistent with the following provisions prescribed within the Parramatta Local Environmental Plan 2023:

a) Clause 2.1 – The development is inconsistent with the aims of Parramatta Local Environmental Plan 2023.

b) Clause 2.3 - The development is inconsistent with the zone objectives of the E1 Local Centre zone.

c) Clause 4.3 – Height of Buildings.

d) Clause 4.4 – Floor Space Ratio.

e) Clause 4.6 – Exceptions to Development Standards.

f) Clause 6.2 – Earthworks.

g) Clause 6.5 – Stormwater Management.

Per Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979.

5. Parramatta Development Control Plan 2011

The proposal does not exhibit a satisfactory proposal, in that it is inconsistent with the following provisions prescribed within the Parramatta Development Control Plan 2011:

a) Section 2.4.8 Public Domain.

b) Section 3.2.1 Building Form and Massing.

c) Section 3.2.2 Building Façade and Articulation.

d) Section 3.2.3 Roof Design.

e) Section 3.2.5 Streetscape.

f) Section 3.1.3 Building Height.

g) Section 3.1.3 Front Setback.

h) Section 3.1.3: Side Setback.

i) Section 3.1.3 Rear Setback.

j) Section 3.1.3: Landscaped Area.

k) Section 3.1.3: Deep Soil.

l) Section 3.3.6 Water Sensitive Urban Design.

m) Section 3.4.1 Culture and Public Art.

Per Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979.

6. Suitability of the Site

The proposal fails to satisfy the relevant considerations under Section 4.15(1)(c) Environmental Planning and Assessment Act 1979 for built environment and suitability of the site.

Per Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979

7. Public Interest

The proposal fails to satisfy the relevant considerations under Section 4.15(1)(e) Environmental Planning and Assessment Act 1979 in that the adverse impacts generated by the development due to non-compliances with the applicable planning controls is not beneficial for the local community and as such, is not in the wider public interest.

Per Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979.

Eamon Murphy

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	45 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	66 Pages
4	Internal plans used during assessment (confidential)	14 Pages
5 ⇩	Appendix A - Clause 4.6 Statement (Height) used during assessment	18 Pages
6 ⇩	Appendix B - Clause 4.6 Statement (FSR) used during assessment	17 Pages
7 ⇩	Local Planning Panel Report Addendum	3 Pages

Local Planning Panel 20 June 2023 Item 5.5

DEVELOPMENT APPLICATION

ITEM NUMBER 5.5

SUBJECT OUTSIDE PUBLIC MEETING: 4 Stringer Place, OATLANDS NSW 2117 (Lot 18 DP 206883)

DESCRIPTION Demolition of existing structures, tree removal and construction of a 3 storey dwelling and swimming pool.

REFERENCE DA/797/2022 - D08969576

APPLICANT/S Group Architects Pty Ltd

OWNERS Mr S S Dipsellas

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

REASON FOR REFERRAL TO LPP

The proposal includes a variation to clause 4.3 of the Parramatta LEP concerning building height. Proposed building height measures 10.7m which represents a 1.7m (or 18.8%) to the 9m height control.

EXECUTIVE SUMMARY

The subject site is known as 4 Stringer Place, Oatlands. The site and surrounding properties are zoned R2 Low Density Residential, C2 Environmental and W1 Natural Waterways. The site currently accommodates a two storey brick and metal roof dwelling house with attached metal roof carport.

The site is located within an established residential area characterised by single and double storey residential dwellings and includes a two-storey dwelling immediately adjacent the site to the east, recently constructed via Complying Development Certificate. A part one part two storey dwelling immediately adjoins the site to the southeast. The rear of the site also adjoins the Vinyard Creek reserve to the North and East.

The proposed development for demolition of existing structures and construction of a three-storey dwelling with swimming pool includes a variation (of 1.7m or 18.8%) to Clause 4.3 Height of Buildings under the Parramatta Local Environmental Plan 2011. The extent of the variation to the 9m height control that applies to the site includes several portions of the proposed building as it works to step down the challenged topography that consists of a steep slope away from the road reserve and down towards the Vinyard Creek reserve to the rear. Despite employment of a stepped approach the proposal remains as a three-storey dwelling house however, sensible building design has allowed for the dwelling to appear as a recessed two storey dwelling from the street. Furthermore, the proposal is also considered to reasonably be perceived predominantly as a two-storey dwelling when viewed from each side adjoining property. A lack of visually sensitive areas towards the rear of the site represents a further diminished visual impact maintained by the site and completes the proposal’s low visual impact towards the locality.

The proposal is considered to appropriately mitigate visual bulk and scale towards surrounding areas. The proposal also reasonably responds to the land constraints that exist and are unique to the site within the streetscape context. In this instance it would be considered unnecessary to enforce numerical compliance, therefore Council is satisfied the variation to the control is reasonable in this instance.

RECOMMENDATION

(a) That, the Parramatta Local Planning Panel support the variation to Clause 4.3 of Parramatta Local Environmental Plan under the provisions of Clause 4.6 for the following reasons:

1. That compliance with the development standard for height would be unnecessary upon reflection of the unique context and scale of the site and natural constraints present;

2. That the proposed noncompliance will result in negligible visual impact to adjoining properties and the streetscape; and

3. That the proposed noncompliance will result in negligible impact to bulk and scale as the proposed noncompliance is visually minor and is predominantly directed away from any visually sensitive land areas.

(b) Further, that the Parramatta Local Planning Panel, exercising the function of the consent authority, approve development consent to DA/797/2022 for the alteration and additions to the existing dwelling subject to conditions of consent in Attachment 1.

REASONS FOR APPROVAL

1. The development is permissible in the R2 zone pursuant to the Parramatta Local Environmental Plan 2011 and satisfies the requirements of all applicable planning controls.

2. The development will be compatible with the emerging and planner future character of the area.

3. The development will provide housing needs for the community within a low-density residential environment.

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

Cade Tracey

Assessment Officer

Attachments:

1 ⇩	Assessment report & draft conditions	44 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Landscape plan used during assessment	4 Pages
4 ⇩	Statement of Environmental Effects used during assessment	46 Pages
5 ⇩	Architectural plans used during assessment	4 Pages
6	Internal floor plans used during assessment (confidential)	5 Pages
7	Stormwater plans used during assessment (confidential)	3 Pages
8 ⇩	Amended Clause 4.6 used during assessment	20 Pages