Agenda of Local Planning Panel - Tuesday, 18 July 2023

Local Planning Panel 18 July 2023 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT OUTSIDE PUBLIC MEETING: 12 Lloyd George Avenue, WINSTON HILLS (Lot 234 DP 235090)

DESCRIPTION Demolition of existing structures, removal of trees and construction of a two storey dwelling including basement parking.

REFERENCE DA/1007/2022 - D08999566

APPLICANT/S Mr Marc Mourad

OWNERS Mrs Rita Maroun

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 29 June 2023

REASON FOR REFERRAL TO LPP

The proposal includes a variation to Clause 4.4 of the Parramatta LEP 2011 concerning floor space ratio. Proposed floor space ratio measures 0.59:1 or 414.81m², which represents a 66.36m (or 19%) variation to the permissible 0.5:1 floor space ratio control.

EXECUTIVE SUMMARY

The Development Application, DA/1007/2022 was lodged to Council on the 21 December 2022 for the demolition of existing structures, removal of trees and construction of a two-storey dwelling including basement parking on land at 12 Lloyd George Avenue, Winston Hills.

The site and surrounding properties are zoned R2 Low Density Residential and RE1 Public Recreation. The subject site currently accommodates a single storey dwelling house with a detached carport. It is located within an established residential area characterised by single and double storey residential dwellings. However, to the west of the site is a public reserve.

In accordance with the Parramatta Consolidated Notification Procedures, the Development Application was notified from the 11 January 2023 and 25 January 2023. In response one (1) submission was received.

The issues raised are summarized below:

· Inconsistenty with the existing character of the street and immediate locality.

· Lack of privacy from the large glass windows and balcony area on the upper level of the front façade.

· The large amount of excavation required for the basement car park will create disruption in the street

In accordance with the Environmental Planning and Assessment Act 1979, Section 9.1 – Directions by the Minister, this application is reported to the Parramatta Local Planning Panel for determination as the proposed development exceeds the maximum permissible floor space ratio by 66.36m²which is a 19% variation to the development standard, however justification pursuant to Clause 4.6 of the Parramatta Local Environmental Plan 2011 was not submitted by the applicant.

Having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is recommended Development Application DA/1007/2022 be refused.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, refuse development consent to DA/1007/2022 for the demolition of existing structures, removal of trees and construction of a two storey dwelling including basement parking at 12 Lloyd George Avenue, Winston Hills for the reasons stated in Attachment 1.

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

REASONS FOR REFUSAL

Parramatta Local Environmental Plan 2011

1. The proposed development exceeds the permissible maximum floor space ratio as prescribed in Clause 4.4.

2. A Clause 4.6 Statement was not submitted to justify the variation to Clause 4.4 Floor Space Ratio of the Parramatta LEP 2011.

3. The proposed development fails to satisfactorily meet the objectives of the R2 Low Density Residential zone pursuant to Clause 2.3 of the Parramatta LEP 2011.

4. The proposed development fails to adequately respond to the objectives of Clause 6.2 Earthworks of the Parramatta LEP 2011.

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

Parramatta Development Control Plan 2011

1. Pursuant to Section 2.4.6, the proposed development fails to adequately respond to the natural topography of the subject site and adjoining properties.

2. Pursuant to Section 2.4.8, the proposed development fails to adequately respond to the transition from the public reserve to the development.

3. Pursuant to Section 3.1.3, the proposed fails to comply with the required floor space ratio.

4. Pursuant to Section 3.1.3, the proposed development does not comply with the required rear setback.

5. Pursuant to Section 3.1.3, the proposed development fails to provide an adequate deep soil zone.

6. Pursuant to Section 3.2.1, the bulk and scale of the proposed is considered to be not suitable for the site and does not positively responds to the surrounding context.

7. Pursuant to Section 3.2.2, the proposed building façade and articulation is not considered to be compatible with the existing character of the streetscape.

8. Pursuant to Section 3.2.3, the proposed roof design is considered to be not appropriate for the locality.

9. Pursuant to Section 3.2.5, the proposed development fails to adequately address the existing streetscape.

10. Pursuant to Section 3.2.6, the proposed fence is considered to be not in keeping with the streetscape.

11. Pursuant to Section 4.2.4, the proposed development fails to address the controls pertaining to the Winston Hills Special Character Area.

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

Suitability of the Site

1. The proposed development exhibits an excessive built form as demonstrated by the non-compliant floor space ratio applicable to the site and that the proposed development does not respond to the topography of the site.

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

Submissions

1. 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

Public Interest

1. The proposed development is not site responsive and would result in an inappropriate residential dwelling that is not in the public interest.

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

Caitlin Hopper

Student Project Officer

Attachments:

1 ⇩	Assessment Report	20 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	9 Pages
4	Internal Plans used during assessment (confidential)	5 Pages
5 ⇩	Landscape Plans used during assessment	1 Page
6 ⇩	Drainage Plans used during assessment	8 Pages
7 ⇩	Statement of Environmental Effects	27 Pages
8 ⇩	RFI Response Letter	8 Pages

REFERENCE MATERIAL

Local Planning Panel 18 July 2023 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT OUTSIDE PUBLIC MEETING: 20 Smith Street, PARRAMATTA NSW 2150 (LOT 31 DP 804472)

DESCRIPTION Alerations and additions and change of use of the ground floor and levels 1 and 2 from retail/office premises to a pub.

REFERENCE DA/858/2022 - D09003077

APPLICANT/S B Solomon

OWNERS Smith Street Consolidated Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 29 June 2023

REASON FOR REFERRAL TO LPP

This application is being referred to Parramatta Local Planning Panel because it is a new licensed premises.

EXECUTIVE SUMMARY

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

Development Application DA/858/2022 was lodged on 1 November 2022 for ‘alterations and additions and change of use of the ground floor and levels 1 and 2 from retail/office premises to a pub at 20 Smith Street, Parramatta. Associated works to create a new commercial lobby for the existing office premises is also proposed.

In accordance with the Parramatta Consolidated Notification Procedures, the Development Application was notified and advertised between 10 November and 1 December 2022. In response, 1 submission was received.

The only concern raised in the submission was the retention of the existing historic well currently on display to George Street elevation.

Section 4.15 Assessment Summary

The application has been assessed relative to section 4.15 of the Environmental Planning and Assessment Act 1979, taking into consideration all relevant state and local planning controls.

The proposed use of the subject site as a pub is permitted with consent pursuant to the provisions of Parramatta Local Environmental Plan 2011.

The application was referred to a number of internal stakeholders and external stakeholders, including the following:

· Development Engineer;

· Urban Designer;

· Transport and Traffic Officer;

· Environmental Health Officer (food);

· Environmental Health Officer (acoustic);

· Environmental Health Officer (waste);

· Environmental Health Officer (contamination);

· Crime Prevention Officer;

· Social Outcomes Officer; and

· NSW Police (Parramatta Police Area Command).

All referrals were returned with no objections raised, subject to the imposition of conditions of consent.

The proposal is not considered to have any other impacts to the surrounding amenity of the locality. The proposed development is appropriately located and is generally compliant with the provisions of Parramatta LEP 2011 and Parramatta DCP 2011. Whilst not formally adopted, the Draft Late Night Trading Development Control Plan was still reviewed, and the proposal will comply with the future trading hours proposed for that part of the CBD. However, for flexibility, Council will impose a 12-month trial period so the hours can be revisited if the DCP is adopted. The design of the amendments is also considered to be acceptable as it orientates the terraces toward the street to provide an inviting active frontage.

Having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is recommended Development Application No. DA/858/2022 be approved.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, approve development consent to DA/858/2022 for the ‘alterations and additions and change of use of the ground floor and levels 1 and 2 from retail/office premises to a pub’ on land at 20 Smith Street, Parramatta.

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

REASONS FOR APPROVAL

1. The development is permissible in the B3 Commercial Core zone pursuant to Parramatta Local Environmental Plan 2011 and generally satisfies the requirements of the applicable planning framework.

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

3. The development will promote a land use that provides a facility to meet the day to day needs of Parramatta Council occupants.

4. The proposal provides a non-residential land use that has amenity impacts that can be appropriately managed.

5. The development is in the public interest because it is consistent with the objectives of for development in the B3 Commercial Core zone.

6. For the reasons given above, approval of the application is in the public interest.

Darren Wan

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report and Conditions	42 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Architectural Plans	24 Pages
4 ⇩	Statement of Environmental Effects	38 Pages

Local Planning Panel 18 July 2023 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT PUBLIC MEETING: 2-8 River Road West, PARRAMATTA NSW 2150 (CP SP 94898, Lot 3 DP 1223735)

DESCRIPTION Section 4.55(2) modification of DA/915/2016 for the fit out and use of Shop 1 as a food and drink premises (‘Restaurant’). The modification seeks to:
- Amend the hours of operation on Sundays to Thursdays to 7am to 11pm;
- Permit limited outdoor dining with restrictions on the number of patrons and hours;
- Permit live music inside the restaurant on Friday and Sunday between 10am and 6pm.

REFERENCE DA/915/2016/E - D09003089

APPLICANT/S LJB Urban Planning Pty Ltd

OWNERS The owners of Strata Plan 94898

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 29 June 2023

REASON FOR REFERRAL TO LPP

This modification application is being referred to Parramatta Local Planning Panel due to having 37 total submissions.

EXECUTIVE SUMMARY

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

Modification Application DA/915/2016/E was lodged on 23 November 2022 and seeks the intensification of the approved restaurant by increasing the operational trading hours, allowing outdoor dining and allowing live entertainment.

The application is made pursuant to s4.55(2) of the Environmental Planning and Assessment Act 1979.

In accordance with the Parramatta Consolidated Notification Procedures, the Modification Application was notified between 2 December2022 and 11 January 2022. In total, 37 unique submissions were received.

Key concerns raised in the submissions are as follows:

· Noise Impacts;

· Poor Management of existing restaurant;

· Parking/traffic;

· Smoking/shisha;

· Use of common property; and

· Loss of property value.

Section 4.15 Assessment Summary

The application has been assessed relative to section 4.15 of the Environmental Planning and Assessment Act 1979, taking into consideration all relevant state and local planning controls.

The modified proposal seeks an increase in trading hours from 7am-11pm Sundays to Thursdays and allow outdoor dining between 7am-10pm. It also seeks to allow live entertainment within the premises.

For clarity, the existing approved hours of operation contrasted to the proposed hours under this modification has been provided below:

Existing Approved	Modified Proposal
7am – 9pm Sunday to Thursday	7am – 11pm Sunday to Thursday
7am – 11pm Friday and Saturday	No change
No outdoor dining permitted	7am – 10pm, seven days
No live music permitted	Live music permitted Fridays and Saturdays

It is of note that the current restaurant is subject to a number of Service Requests relating to its operation as well as breaches to the liquor license. On this basis, Council Officer’s do not support the modified proposal as the additional intensity would adversely impact on the amenity and safety of the surrounding locality.

In addition, the applicant was requested to provide satisfactory owner’s consent, which at the time of writing this report, has not been provided.

Having regard to the matters for consideration under Section 4.15, and Section 4.55 of the Environmental Planning and Assessment Act 1979, it is recommended that Modification Application No. DA/915/2016/E be refused.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, refuse the requested modification to DA/915/2016/E to intensify the approved restaurant by increasing the hours of operations, allow outdoor dining and allow live entertainment.

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

REASONS FOR REFUSAL

1. Parramatta Development Control Plan 2011

a) The modified proposal is inconsistent with the following clauses:

I. Part 3.3.4 – Acoustic Amenity; and

II. Part 3.4.4 – Safety and Security.

2. Environmental Planning and Assessment Regulation 2021

a) The modified proposal failed to provide satisfactory owner’s consent, in accordance with Section 98(1)(b) of the EP&A Regulation 2021.

3. Environmental Planning and Assessment Act 1979

a) The modified proposal has non-compliances with Parramatta Development Control Plan 2011. Accordingly, the proposal fails to satisfy the matters of consideration prescribed under s4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979.

b) The modified proposal is therefore not considered to be in the public interest and also fails to satisfy s4.15(1)(b), (d), and (e) of the Environmental Planning and Assessment Act 1979

Darren Wan

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	11 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Statement of Environmental Effects (SoEE)	32 Pages
4 ⇩	Plans used during assessment	3 Pages
5 ⇩	Acoustic Report	21 Pages

Local Planning Panel 18 July 2023 Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER 5.4

SUBJECT PUBLIC MEETING: 32 Honiton Avenue, CARLINGFORD NSW 2118 (Lot 5 DP 205980)

DESCRIPTION Demolition, tree removal and construction of a centre-based child care facility to accommodate 67 children with ground and basement level parking for 17 cars.

REFERENCE DA/900/2022 - D09026536

APPLICANT/S ArtMade Architects

OWNERS Mr A Abi-Khattar

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 29 June 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

The subject site is located on an irregularly shaped corner allotment comprising three frontages to Honiton Avenue, Clover Close and Coleman Avenue.

The application seeks approval for demolition of existing structures and construction of a centre-based child care facility to accommodate 67 children with ground and basement level parking for 17 cars.

Council has received notice that the applicant has lodged a Deemed Refusal Appeal with the Land and Environment Court on 15 June 2023. As such, an assessment of the application in its current form is required.

It is noted that DA/63/2021, lodged on 27 January 2021, was also refused for the construction of a centre-based childcare facility to accommodate 93 children with ground and basement level parking for 25 cars on the subject site.

The issues with the current proposal arise from the design of the development, primarily the bulk and scale., creating an overdevelopment of the site. Concerns are also raised over inconsistency with the R2 zone objectives and the development being out of character with the locality.

Additional issues include a lack of appropriate landscaping areas and deep soils zones due to the extent of the footprint and basement structure, non-compliant setbacks, and location of outdoor play areas. There is also insufficient contextual analysis of the immediate locality and public domain issues.

The applicant has failed to submit information required to satisfactorily assess the development with regards to landscaping.

The application was notified/advertised and received fifty-three (53) unique submissions and two (2) petitions with 100 signatures within the notification period. The issues raised related to traffic movement and congestion, air quality, amenity, safety and security, solar access, privacy, pick up and drop off, acoustic and property value.

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

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/900/2022 for the reasons stated in Attachment 1.

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

REASONS FOR REFUSAL

Pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979:

(a) That the Parramatta Local Planning Panel (PLPP), exercising the functions of Council, refuse development consent to DA/900/2022 for the demolition, tree removal and construction of a centre-based child care facility to accommodate 67 children with ground and basement level parking for 17 cars at 32 Honiton Avenue, Carlingford 2118 for the following reasons:

1. State Environmental Planning Policy (Transport and Infrastructure) 2021 and Child Care Planning Guideline August 2017

a) Pursuant to Sections 4.15(1)(a)(i) and (b) of the Environmental Planning and Assessment Act 1979, the development proposal does not meet compliance and/or consist of insufficient information to determine its compliance with Part 3 Matters for consideration and Part 4 Applying the National Regulations to development proposals of the Child Care Planning Guideline August 2017 with respect to the following:

1. Site selection and location;

2. Local character, streetscape and the public domain interface;

3. Building orientation, envelope and design;

4. Landscape;

5. Visual and acoustic privacy;

6. Traffic, parking and pedestrian circulation;

7. Storage space requirements;

8. Laundry, toilet and nappy change facilities;

9. Ventilation and natural light;

10. Natural environment;

11. Administrative space;

12. Effective building design to facilitate supervision of children;

13. Emergency and evacuation procedures;

14. Outdoor space requirements; and

15. Fencing and shade structure device/details.

2. Parramatta Local Environmental Plan 2011

a) Pursuant to Section 4.15(1)(a)(i), (b) and (c) of the Environmental Planning and Assessment Act 1979, the proposed development does not meet compliance and/or consist of insufficient information to determine its compliance to the following matters of the Parramatta Local Environmental Plan 2011:

i. Clause 1.2(2)(h) – Aims of Plan: The development fails to enhance the amenity and characteristics of the established residential area in terms of the site selection, design and location.

ii. Objectives of R2 Low Density Residential: The proposed non-residential land use has not taken into consideration the context and setting of the subject site in order to minimise the impact on the amenity of a low density residential environment. The proposed built form and design is not considered to be consistent with the existing context and setting.

iii. Clause 6.2 Earthworks: The development proposal was not accompanied with a geotechnical report that adequately addresses the excavation conditions, measures, geotechnical parameters for the design of the foundations and potential impacts onto adjoining properties. In addition, a cut and fill plan quantifying the extent of the proposed earthworks throughout the site was not provided.

3. Parramatta Development Control Plan 2011

a) Pursuant to Section 4.15(1)(a)(iii), (b) and (c) of the Environmental Planning and Assessment Act 1979, the proposed development does not meet compliance and/or consist of insufficient information to determine its compliance to the following sections of the Parramatta Development Control Plan 2011:

i. Sections 2.4.3: A geotechnical investigations report and a detailed earthworks plan (cut and fill) have not been provided in order to assess the suitability of the extent of such works including the potential of sub-terrain water and the impact of such works on the neighbouring/surrounding properties.

ii. Sections 3.1.1, 5.2.3.2 and Table 3.1.3.1: The proposed front, secondary and side setbacks, and the number of storeys proposed are not considered to be suitable for the site.

iii. Sections 3.2.1, 3.2.2, 3.2.3, and 3.2.5: The built form is considerably out of scale with the established residential setting, and it has not taken into consideration of the topography, condition and constraints of the site. The built form will generate undesirable bulk and scale onto the streetscape and locality.

iv. Sections 2.4.6 and 3.2.5: The proposed street presentation to Honiton Avenue, Coleman Avenue and Clover Close is a negative aspect of the proposal. The proposed building is not consistent with the established residential setting.

v. Section 3.2.6: The proposed acoustic fences along the Honiton Avenue and Coleman Avenue property boundaries (as indicated in the Environmental Noise Impact Assessment Report) are excessive in height, generates undesirable visual impacts and does not provide a positive interface between private and public domains.

vi. Section 3.3.5: The proposed development will significantly overshadow the western neighbouring properties’ internal living areas and private open space, and the proposed indoor play areas will not achieve natural cross-ventilation as the submitted acoustic report relies on the windows to be closed during the use of amplified music or noisy group activities.

vii. Section 3.3.7: The submitted on-going waste management plan has not been adequately prepared and is not in accordance with Section 9 of Council’s Waste Management Guidelines for new Development Applications 2016.

4. Operational Matters

a) Pursuant to Section 4.15(1)(b) and (c) of the Environmental Planning and Assessment Act 1979, a detailed Operational Plan of Management and a detailed evacuation management plan were submitted but not adequate and therefore the potential impacts of the development proposal onto the surrounding properties cannot be adequately assessed.

5. Suitability of the site

a) Pursuant to Section 4.15(1)(b) and (c) of the Environmental Planning and Assessment Act 1979, the site is not considered suitable for the proposed development.

b) Pursuant to Section 4.15(1)(d) and (e) of the Environmental Planning and Assessment Act 1979, the adverse impacts generated by the development due to non-compliance with the applicable planning controls is not beneficial within the development site or to the established residential community and as such, it is not considered to be in the wider public interest.

6. Submissions

a) Pursuant to Section 4.15(1)(a(iii) of the Environmental Planning and Assessment Act 1979, the issues raised in the submissions demonstrate that the proposed development cannot be supported in its current form.

Felicity Lam

Development Assessment Officer

Attachments:

1 ⇩	Assessment report -32 Honiton Avenue Carlingford	37 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during Assessment	9 Pages
4 ⇩	Internal Plans used during Assessment	3 Pages
5 ⇩	Traffic Report used during Assessment	67 Pages

REFERENCE MATERIAL

Local Planning Panel 18 July 2023 Item 5.5

DEVELOPMENT APPLICATION

ITEM NUMBER 5.5

SUBJECT OUTSIDE PUBLIC MEETING: 7-9 Wentworth Street PARRAMATTA NSW 2150 (Lot 422 DP 746665)

DESCRIPTION Internal and external alterations and additions to the existing building to facilitate the use of Levels 1 to 4 as City of Parramatta Council’s administration offices.

REFERENCE DA/226/2023 - D09031873

APPLICANT/S City of Parramatta Council

OWNERS City of Parramatta Council

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED APPROVAL

date of report 29 JUNE 2023

REASON FOR REFERRAL TO LPP

The application must be referred to the Parramatta Local Planning Panel under Ministerial Direction 9.1 as the application contains a conflict of interest. The applicant and the owner of the land is City of Parramatta Council.

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 internal and external alterations and additions to the existing commercial office building to facilitate the use of Levels 1-4 as City of Parramatta administration offices.

The site has a primary frontage towards Wentworth Street, and a secondary frontage towards Fire Horse Lane, which is restricted to pedestrian use only. The site is occupied by a commercial office building comprising two (2) levels of basement below ground level, a ground floor primary lobby entrance, and six (6) storeys of commercial office space. The subject site is devoid of vegetation, with a street tree located adjacent to the eastern boundary within the footpath zone.

In accordance with the notification procedure as outlined in the Community Engagement Strategy (2022-2024), the development application was notified between 5 May to 2 June 2023. No submissions have been received during this period.

The proposed development is appropriately located and is considered acceptable given the nature of the site and surrounding development. Having regard to the assessment of the application, the proposal is considered to be appropriately designed and is a suitable form of development for the locality. The proposal is not considered to create adverse impacts to the existing site and surrounding land uses.

For these reasons, it is considered that the proposal is satisfactory having regard to the matters of consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979 and is recommended for approval subject to conditions.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, approve Development Application DA/226/2023 seeking consent for the internal and external alterations and additions to the existing office building to facilitate the use of Levels 1-4 as City of Parramatta administration offices at Lot 422, DP 746665, No. 7 Wentworth Street, Parramatta subject to conditions of consent in Attachment 1.

REASONS FOR APPROVAL

1. The development is permissible pursuant to Paramatta Local Environmental Plan 2023.

2. The development is consistent with the objectives of the MU1 – Mixed Use zone.

3. The development is compatible with the existing development on the subject site and will not significantly alter the existing built form, or the surrounding locality.

4. For the reasons given above, approval of the application is in the public interest.

Eamon Murphy

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment report and draft conditions	29 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during Assessment	22 Pages

REFERENCE

Local Planning Panel 18 July 2023 Item 5.6

DEVELOPMENT APPLICATION

ITEM NUMBER 5.6

SUBJECT PUBLIC MEETING: 23 King Street, DUNDAS VALLEY NSW 2117 (LOT 1094 DP 36696)

DESCRIPTION Demolition of existing structures, tree removal and csontruction of a 2 storey 44 place centre based childcare centre with 11 spaces of at grade parking.

REFERENCE DA/834/2022 - D09036481

APPLICANT/S ArtMade Architects

OWNERS F & M Investment Australia Pty Ltd and Wei Cheng Investment Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 29 June 2023

REASON FOR REFERRAL TO LPP

This development application is being referred to Parramatta Local Planning Panel because it has 21 submissions.

EXECUTIVE SUMMARY

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

Development Application DA/834/2022 was lodged on 24 October 2022 for the ‘demolition of existing structures, tree removal and construction of a 2 storey 44 place centre based childcare centre with 11 spaces of at grade parking’ on land at 23 King Street, Dundas Valley. Associated civil engineering, earthworks and landscaping is also proposed.

In accordance with the City of Parramatta Consolidated Notification Plan, the application was notified and advertised 1 November 2022 to 22 November 2022. In response, 21 submissions were received.

Key concerns raised in the submissions are as follows:

· Traffic and parking issues.

· The proposal is not consistent with the character of the Low-Density Zone and the surrounding area.

· The proposed tree removal.

· The proposed stormwater easement.

· Visual and Acoustic privacy impacts.

· The commercial nature of the development and the future use of the site if the centre fails.

· Unacceptable bulk and scale impacts for neighbouring properties.

· Unacceptable streetscape impacts.

Section 4.15 Assessment Summary

The application has been assessed relative to section 4.15 of the Environmental Planning and Assessment Act 1979, taking into consideration all relevant state and local planning controls.

The proposed use of the subject site as a Centre Based Child Care Facility is permitted with consent pursuant to the provisions of Parramatta Local Environmental Plan 2011.

The application was referred to a number of internal stakeholders, including the following:

· Development Engineer;

· Landscape Officer;

· Transport and Traffic Officer;

· Environmental Health Officer (food);

· Environmental Health Officer (acoustic);

· Environmental Health Officer (waste); and

· Environmental Health Officer (contamination).

All referrals were returned with no objections raised, subject to the imposition of conditions of consent.

The proposal is not considered to have any other impacts to the surrounding amenity of the locality. The proposed development is appropriately located and is generally compliant with the provisions of Parramatta LEP 2011. Some variations to the DCP are sought, which relates to side and rear setbacks due to the irregular shape of the lot. The design of the building is considered to be acceptable as it orientates the play areas toward the north where there are no- residential receptors.

Having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is recommended Development Application No. DA/834/2022 be approved.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, provide a deferred commencement approval to development consent to DA/834/2022 for ‘demolition of existing structures, tree removal and construction of a 2 storey 44 place centre based childcare centre with 11 spaces of at grade parking’ on land at 23 King Street, Dundas Valley.

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

REASONS FOR APPROVAL

1. The development is permissible in the R2 Low Density Residential zone pursuant to Parramatta Local Environmental Plan 2011 and generally satisfies the requirements of the applicable planning framework.

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

3. The development will promote a land use that provides a facility to meet the day to day needs of residents.

4. The proposal provides a non-residential land use that has amenity impacts that can be appropriately managed.

5. The development is in the public interest because it is consistent with the objectives of for development in the R2 Low Density Residential zone.

6. For the reasons given above, approval of the application is in the public interest.

Darren Wan

Senior Development Assessment Officer

Attachments: