MINUTES

 


Parramatta Local Planning Panel

Tuesday, 18 July 2023

3.30pm

                                                         

 

 

 

 

Council Chamber

Level 3, PHIVE

Parramatta Square, Parramatta

 

 

 

 

 

 

 

 

 

 

PANEL MEMBERS

 

Mary-Lynne Taylor (Chair)

Richard Thorp

Tony Reed

Kirrily McDermott

 

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.

 

4A.    PUBLIC SPEAKERS

 

The meeting commenced at 3.48pm, as there were technical issues. The Chair invited registered speakers to address the panel on the items listed below.

 

The public speakers concluded at 4:08pm and the Parramatta Local Planning Panel (‘the Panel’) proceeded into Closed Session to deliberate the items listed below.

 

5.      Reports - Development Applications

 

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.

APPLICANT/S Mr Marc Mourad

OWNERS          Mrs Rita Maroun

REPORT OF     Development Assessment Officer

 

 

DETERMINATION

 

(a)       That the 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 (PLEP 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 PLEP 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 PLEP 2011.

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

In relation to section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979

 

Parramatta Development Control Plan 2011 (PDCP 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 development is considered to be not suitable for the site and does not positively respond 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.

In relation to section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979

 

Suitability of the Site

 

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.

In relation to section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979

 

Submissions

 

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

In relation to section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979

 

Public Interest

 

The proposed development is not site responsive and for that reason and the reasons given above would result in an inappropriate residential dwelling that is not in the public interest.

In relation to section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979

 

Note

The Panel carried out an inspection on the site and nearby locality.

 

Speakers: Peter Maroun

 

 

5.2

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

DESCRIPTION Alterations 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     Senior Development Officer

 

 

DETERMINATION

 

(a) That the 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 PLPP 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.

 

Note

The Panel carried out an inspection on the site and nearby locality.

 

Speakers: Chris Grinham (Planner), Bruce Solomon (Solotel) and Niall McAteer (Planner).

 

 

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     Senior Development Officer

 

 

DETERMINATION

 

(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

 

Note

The Panel carried out an inspection on the site and nearby locality.

 

Speakers: Patricia Prociv (Resident) and Kim Mehta (Resident).

 

 

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     Senior Development Officer

 

 

DETERMINATION

 

 

(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 (PANEL), 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

 

In relation 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.

 

Note

The Panel carried out an inspection on the site and nearby locality.

 

Speakers: Adam Pang (Resident), Brian Pang (Resident), Michael Young (Resident), Hyuntae Choi (Resident) and Ross Beattie (Resident).

 

 

 

 

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     Senior Development Officer

                           

 

DETERMINATION

 

(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.

 

Note

The Panel carried out an inspection on the site and nearby locality.

 

Speakers: Alicia Desgrand (Planner)

 

5.6

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

DESCRIPTION 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.

REFERENCE   DA/834/2022 - D09036481

APPLICANT/S ArtMade Architects

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

REPORT OF     Senior Development Officer

                           

 

DETERMINATION

 

The Panel is not yet satisfied with the adequacy of the traffic safety assessment within the vicinity of the childcare centre.

 

The Panel is especially concerned about the close proximity to the public school rear access/carriageway from King Street. The Panel heard from local residents, who stated that this access is used by both pedestrians and vehicles and sometimes is used two-way. On occasion vehicles have been witnessed reversing out onto King Street. At that point, it appears to reverse onto a marked crossing which the locals explained was used by school children and parents and therefore likely to be used by childcare attendees as well.

 

Therefore an additional report addressing the context of likely morning and afternoon traffic when the childcare is in use taking into account traffic into both the school and its various Out of School Hours Care is requested.

 

The Panel is also concerned at the impact of overshadowing of number 21 King Street and requires further assessment of the shadow in accordance with Parramatta Development Control Panel 2021.

 

Note

The Panel carried out an inspection on the site and nearby locality.

 

Speakers: Linetta Mohan (Resident), Jonathan Wood (Planner)

 

A signature on a white background Description automatically generatedThe meeting terminated at 5:50 pm.

 

 

 

 

 

 

Chairperson