MINUTES OF THE Local Planning Panel HELD IN PHIVE 2 CIVIC PLACE PARRAMATTA AT 5 PARRAMATTA SQUARE ON Tuesday, 20 June 2023 AT 3:30pm
PRESENT
Julie Walsh (Chairperson), Paul Berkemeier, Robert Hussey and Anne Smith.
1. ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND
The Chairperson, acknowledged the Burramattagal people of The Dharug 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
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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
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The Panel considered the matter listed at Item 5.1 and attachments to Item 5.1.
PUBLIC FORUM
Scott Caundle, CEO Dundas Sports & Recreation Club spoke to the Panel and answered questions from the Panel members in relation the development application.
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(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 the following conditions of consent (which have modified those conditions of consent in Attachment 1 to the Council officer’s report):
General Matters
1. The development is to be carried out in accordance with the following plans endorsed with Council’s Stamp as well as the documentation listed below, except where amended by other conditions of this consent and/or any plan annotations:
Note: In the event of any inconsistency between the architectural plan(s) and the landscape plan(s) and/or stormwater disposal plan(s) (if applicable), the architectural plan(s) shall prevail to the extent of the inconsistency. Reason: To ensure the work is carried out in accordance with the approved plans.
2. All building work must be carried out in accordance with the current provisions of the Building Code of Australia (National Construction Code). Reason: To comply with the Environmental Planning & Assessment Act 1979, as amended and the Environmental Planning & Assessment Regulation 2000.
3. The consent operates in conjunction with approved consent DA/787/2017 and does not replace consent DA/787/2017. Refer to DA/787/2017 for specific conditions relating to building works. Reason: To comply with approved consent.
4. This condition has been deleted pursuant to DA/84/2018/A – 22 June 2023.
5. A 1.8-meter noise barrier is to be installed along the eastern boundary of 16 Albion Street separating the residential receiver and the adjacent car park at the Club. This should be constructed of either colorbond or other imperforated material. Reason: To protect the amenity of neighboring properties.
5A. The Plan of Management shall be re-drafted to be consistent with these conditions of consent together with the following amendments:
a) Specifications of the CCTV system and how it is managed and maintained including the minimum resolution, frame rates and how long the footage is retained (as per paragraph 5);
b) That during operating hours a staff member who is capable of operating the system be on site;
c) That footage will be made available to police upon request;
d) That security staff mentioned in section 11 are appropriately licensed;
The revised Plan of Management shall be submitted to and approved by Council’s City Safe Operations manager.
Reason: To ensure satisfactory CCTV measures are in place.
Note: this condition has been added pursuant to DA/84/2018/A – 22 June 2023.
5B. That the venue operates in accordance with the Plan of Management, and any future modifications to the plan must only be done with the consent of the local police area command, and any such modification must be approved by Council;
Reason: To ensure transparency between stakeholders.
Note: this condition has been added pursuant to DA/84/2018/A – 22 June 2023.
5C. The club CCTV system is to be registered with the NSW Police CCTV register at https://www.police.nsw.gov.au/online_services/register_my_business_cctv_details; Reason: To ensure satisfactory CCTV measures are in place.
Note: this condition has been added pursuant to DA/84/2018/A – 22 June 2023.
5D. The licensee shall be an active member of the local (Cumberland) Liquor Accord. Active membership is defined as being a financial member and attending at least 75% of accord meetings annually;
Reason: To ensure satisfactory handling of liquor.
Note: this condition has been added pursuant to DA/84/2018/A – 22 June 2023.
5E. Music or announcements must not be made on outdoor loud speakers after 10pm (including the balcony area);
Reason: To minimise impacts on adjoining amenity.
Note: this condition has been added pursuant to DA/84/2018/A – 22 June 2023.
5F. Any noise emanating from the premises must not exceed a noise level of 5dBA above the background noise level when measured at the boundaries of the property.
Reason: To minimise impacts on adjoining amenity.
Note: this condition has been added pursuant to DA/84/2018/A – 22 June 2023.
5G. Vehicles shall exit the site only via the Elder Road access after 10:30pm Sunday to Wednesday and 11:30pm Thursday to Saturday.
Reason: To minimise impacts on adjoining amenity.
Note: this condition has been added pursuant to DA/84/2018/A – 22 June 2023.
5H. A security guard shall be engaged from 7:00pm until thirty (30) minutes after closing time seven days a week to assist with carpark management and minimising amenity impacts from departing patrons. Reason: to minimise impacts on adjoining amenity. Note: this condition has been added pursuant to DA/84/2018/A – 22 June 2023.
Prior to the issue of a Construction Certificate
Note: Some conditions contained in other sections of this consent (including prior to occupation/use commencing) may need to be considered when preparing detailed drawings/specifications for the Construction Certificate.)
6. Prior to issuing of a Construction Certificate, the applicant/owner must prepare a ‘Operational Plan of Management’ to be incorporated into the ‘Dundas Sports and Recreational Club Staff Handbook’. The Operational Plan must be submitted to Council to the satisfaction of the Certifying Authority and must include the following:
a) The implementation of a ‘Complaints Management Handling Registry’.
b) The implementation of a noise management protocols for the use of the car park and should include: i. Noise Signage and no loitering signage; and ii. Staff procedures for ushering patrons from the car park.
c) Measures for staff to supervise and manage the conduct of patrons leaving the venue after 10:00pm to minimise the potential disturbance to nearby residential receivers.
d) How and when the operator will remove general litter associated with premises from any public places immediately adjoining or adjacent to the site. Reason: To protect the amenity of neighbouring properties.
7. An Environmental Enforcement Service Charge must be paid to Council prior to the issue of a Construction Certificate. The fee will be in accordance with Council’s adopted ‘Fees and Charges’ at the time of payment.
Note: Council’s Customer Service Team can advise of the current fee and can be contacted on 9806 5524. Reason: To comply with Council’s adopted Fees and Charges Document and to ensure compliance with conditions of consent.
8. An Infrastructure and Restoration Administration Fee must be paid to Council prior to the issue of a Construction Certificate. The fee will be in accordance with Councils adopted ‘Fees and Charges’ at the time of payment.
Note: Council’s Customer Service Team can advise of the current fee and can be contacted on 9806 5524. Reason: To comply with Council’s adopted Fees and Charges Document and to ensure compliance with conditions of consent.
Prior to Work Commencing
9. Prior to commencement of work, the person having the benefit of the Development Consent and Construction Certificate approval must:
(a) Appoint a Principal Certifying Authority (PCA) and notify Council in writing of the appointment (irrespective of whether Council or an accredited private certifier) within 7 days; and
(b) Notify Council in writing a minimum of 48 hours prior to work commencing of the intended date of commencement.
The Principal Certifying Authority must determine and advise the person having the benefit of the Construction Certificate when inspections, certification and compliance certificates are required. Reason: To comply with legislative requirements.
During Work
10. A copy of this development consent together with the stamped plans, referenced documents and associated specifications is to be held on-site during the course of any works to be referred to by all contractors to ensure compliance with the approval and the associated conditions of consent. Reason: To ensure compliance with this consent.
11. The applicant must record details of all complaints received during the construction period in an up to date complaints register. The register must record, but not necessarily be limited to:
(a) The date and time of the complaint;
(b) The means by which the complaint was made;
(c) Any personal details of the complainants that were provided, or if no details were provided, a note to that affect;
(d) Nature of the complaints;
(e) Any action(s) taken by the applicant in relation to the complaint, including any follow up contact with the complaint; and
(f) If no action was taken by the applicant in relation to the complaint, the reason(s) why no action was taken.
The complaints register must be made available to Council and/or the Principal Certifying Authority upon request. Reason: To allow the Principal Certifying Authority/Council to respond to concerns raised by the public.
12. Occupation of any part of the footpath or road at or above (carrying out work, storage of building materials and the like) during construction of the development shall require a Road Occupancy Permit from Council. The applicant is to be required to submit an application for a Road Occupancy Permit through Council’s Traffic and Transport Services, prior to carrying out the construction/restoration works. Reason: To ensure proper management of Council assets.
13. No service, structure, conduit or the like is permitted to be fixed or attached to any tree. Reason: To ensure the protection of the tree(s).
Prior to the issue of an Occupation Certificate/Subdivision Certificate
14. Prior to the issue of an occupation certificate (Interim or Final) written certification from a suitably qualified person(s) shall be submitted to the Principal Certifying Authority and City of Parramatta Council, stating that all works/methods/procedures/control measures approved by Council in the following report have been completed:
(a) Acoustic Report No. (S16749RP2), dated (21 December 2017), prepared by (Resonate Acoustics). Reason: To demonstrate compliance with submitted reports.
15. An Acoustic Report, prepared by a suitably qualified persons(s) is to be submitted to the City of Parramatta Council within 3 months of issuing an occupational certificate (interim or final), assessing the noise impacts due to the extension of operation hours. Reason: To demonstrate compliance with submitted reports.
16. Occupation or use of the building or part is not permitted until an Occupation Certificate has been issued in accordance with Section 109H of the Environmental Planning and Assessment Act 1979. Reason: To comply with legislative requirements of the Environmental Planning and Assessment Act 1979.
The Use of the Site
(a) Temporary 12 month Trial Period Hours
Notwithstanding the above the internal area and the carpark of the club may operate until 1:30am on New Year’s Eve during the trial period.
Upon the completion of the approved twelve (12) month trial period, the following operational hours are to be adopted.
(b) General Operational Hours
a) No internal live music to occur after 11:30 pm
b) No external amplified music within the terrace areas / decks after 10:00, Monday to Sunday.
c) Monitor patrons utilising the terraces areas / decks after 12:00 midnight and encourage the minimisation of patron noise.
d) Notwithstanding the operational hours above, the Dundas Sports and Recreation Club may operate in line with the nominated operational hours (a) for a trial period of 12 months from the date of approval of development consent DA/84/2018/A. e) A further application may be lodged to seek consent to continue the operating hours outlined in (a) above not less than 30 days before the end of the trial period. Council's consideration of a proposed continuation and/or extension of the hours permitted by the trial will be based on, among other things, the performance of the operator in relation to the compliance with development consent conditions and any substantiated complaints received. Reason: To minimise the impact on the amenity of the area. Note: These approved temporary operating hours (a) are taken to have commenced from the date of development consent DA/84/2018/A Note: This condition has been amended pursuant to DA/84/2018/A – 22 June 2023.
18. The signage and/or lighting associated with this consent are not permitted to be flashing and/or moving. Reason: To maintain amenity for adjoining properties.
19. All deliveries must take place between the hours of 7:00am and 10:00pm, Monday to Friday. No deliveries are to take place on weekends and public holidays. Reason: To protect the amenity of the neighbourhood.
20. All loading and unloading must:
(a) take place within the designated loading areas on the subject property, or (b) take place within the approved loading dock to minimise disruption of public spaces, and (c) is to be carried out wholly within the site Reason: To protect the amenity of the neighbourhood.
21. No goods are to be stored/displayed outside the walls of the building. Reason: To ensure visual amenity.
22. The proprietors of the venue shall be responsible at all times for the orderly dispersal of patrons from the venue. Reason: To protect the amenity of the surrounding neighbourhood.
23. There are to be no external speakers at the premises. Reason: To prevent loss of amenity to the area.
24. Noise and vibration from the use and operation of any plant and equipment and/or building services associated with the premises shall not give rise to "offensive noise' as defined by the Protection of the Environment Operations Act 1997. Reason: To reduce noise levels.
25. Signs must be placed in clearly visible positions within the hotel requesting patrons upon leaving the premises to do so quickly and quietly, having regard to maintaining the amenity of the area.
The management/licensee must ensure that the behaviour of patrons entering and leaving the premises does not detrimentally affect the amenity of the neighbourhood. In this regard, the management/licensee must be responsible for the control of noise and litter generated by patrons of the premises and must ensure that patrons leave the vicinity of the premises in an orderly manner to the satisfaction of Council. If so directed by Council, the management/licensee is to employ private security staff to ensure that this condition is complied with. Reason: To prevent loss of amenity to the area.
ADVISORY NOTES
The following information is provided for your assistance and this information does not form part of the conditions of development consent pursuant to Section 80A of the EP&A Act 1979.
Other legislative requirements for approvals, licences, permits and authorities may apply including but not limited to relevant provisions of the Smoke-free Environment Act 2000 and Smoke-free Environment Regulation 2016 and Gaming Machines Act 2001.
Please Note: This consent is subject to trial period for the trading hours. Further information is required at the completion of the trial period as highlighted in this consent.
(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.
(c) That submitters be advised of the decision.
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 and the site is suitable for the development.
3. The imposition of a twelve (12) month trial period for the amended hours will allow any additional amenity impacts to be monitored.
The Panel decision was UNANIMOUS. |
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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
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The Panel considered the matter listed at Item 5.3 and attachments to Item 5.3.
PUBLIC FORUM
1. Clare Swan from Ethos Urban spoke against the report recommendation to refuse the development application and answered questions from the Panel in relation to the development application.
2. David Earp (architect) answered questions the Panel raised in relation to the development application.
3. Dimitri Drivas (applicant) was available to answer questions from the Panel in relation to the development application.
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(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. Design Excellence Advisory Panel (DEAP)
The proposal has not been supported by the Council’s DEAP on two occasions as recorded comprehensively in the Council assessment report.
4. Environmental Planning and Assessment Act 1979
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.
The Pane decision was UNANIMOUS. |
The
meeting terminated at 5:10pm.
Chairperson