Agenda of Local Planning Panel - Thursday, 21 September 2023

Local Planning Panel 21 September 2023 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT PUBLIC MEETING: 52 Hammers Road, NORTHMEAD NSW 2152 (Lot 23 DP 1053952)

DESCRIPTION Demolition, tree removal and construction of a 76 place child care centre with basement parking.

REFERENCE DA/314/2023 - D09099508

APPLICANT/S The Trustee for Northmead P Discretionary Trust

OWNERS Northmead P Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 17 August 2023

REASON FOR REFERRAL TO LPP

The application is referred to the Parramatta Local Planning Panel as the application received more than 10 individual submissions during the notification period.

EXECUTIVE SUMMARY

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

The Site

The subject site is known as 52 Hammers Road, Dundas (Lot 23 in DP 1053952). The site is regular shaped allotment with a north-south orientation. It is a corner block with dual frontage to Hammers Road and Hems worth Avenue. The total site area is 1024m2.

The existing development on the site comprise of a single storey brick dwelling with a fibro garage to the rear.

Within proximity to the site are 2 x childcare centres on 15 Hammers Road and 89 Kleins Avenue, Northmead Public School, Arthur Phillip Park and public transport (bus stops) on Hammers Road.

The Proposal

Consent is sought for the following:

· Enabling works which comprise:

o Demolition of all existing structures on site

o Removal of 7 trees throughout the site

· Construction of a 2-storey childcare centre for 76 children with the following details:

Basement Level

- 20 parking spaces (10 staff parking, 9 visitor spaces and 1 disabled space), Bin room, Services, Lift and Driveway Ramp

Ground Level

- Reception, Managers room, kitchen, cot room, staff toilet, stairs, lift, Playroom 1 (0 – 2 year olds, 20 children), 1 x children toilet, Playroom 2 (2 – 3 year olds, 26 children) and Outdoor Play Area (0 – 3 year olds, 46 children)

First Floor

- 3 x staff rooms, 2 x staff toilets, laundry room, Playroom 3 (3 – 5 year olds, 30 children), 1 x children toilet and Outdoor Play Area (3 – 5 year olds, 30 children).

Notification

In accordance with the requirements contained within Appendix 1 of Council’s Community Engagement Strategy, owners and occupiers of adjoining and surrounding properties were given notice of the application between 13 June 2023 and 4 July 2023. As a result of the notification period, twenty-six (26) unique submissions were received during the notification period. The issues raised in these submissions were:

1. Traffic movements and congestion;

2. Cumulative impacts of multiple childcare centres in the area;

3. Scale of the development

4. Acoustic impacts;

5. Waste Management;

6. Nature of development as commercial;

7. Local character;

8. Privacy;

9. Heritage;

10. Infrastructure;

11. Social impacts;

12. Hours of operation;

13. Tree removal and replacement; and

14. Solar access

Assessment

The site is zoned R2 Low Density Residential pursuant to Parramatta Local Environmental Plan 2023. Childcare centres are permitted on the site with consent.

Council received notice that the applicant has lodged a Class 1 Appeal on 25 July 2023.

The application was assessed against the relevant environmental planning instruments, including SEPP (Resilience and Hazards) 2021, SEPP (Biodiversity and Conservation) 2021, SEPP (Transport and Infrastructure) 2021, SEPP 65 - Design Quality of Residential Apartment Development, SEPP BASIX and Paramatta LEP 2023, as well as Paramatta DCP 2011.

Upon review of the application, the site is considered unsuitable for the proposed development given the scale of the development which proposes to accommodate 76 children. Due to the scale of the development, the built form presents as a bulky built form, with unrelieved elevations and extensive acoustic barriers. This is especially evident from the neighbouring properties to the rear where the setbacks from the upper storey outdoor play area to the boundary do not comply. Further, the presentation of the development along Hems worth Avenue does not satisfactorily contribute to the streetscape.

The proposal does not provide the minimum unencumbered outdoor play area required under Chapter 3 of the Transport and Infrastructure SEPP as it appears that screen planting was included in the calculations. Further, a portion of the ground floor outdoor play area encroaches on the secondary frontage setback requirements which is contrary to Section 5.2.3.2 of the Parramatta Development Control Plan 2011 which does not include any outdoor play areas within the front setback in the calculation of outdoor play area.

The design of the development has also not been able to demonstrate that the design of the development receives satisfactory internal amenity (solar and cross ventilation).

Council’s Traffic Engineer has also raised concerns with regards to the traffic impacts of the development on the local road network. These concerns relate to existing traffic conditions on Hammers Road which experiences long traffic queues in the eastbound direction in the morning peak periods that extend past the subject site. Any vehicles turning right from the facility will be forced to join the queue and may result in them selecting unsafe gaps in traffic. Further, due to the narrow nature of Hems worth Avenue, if parents were to park on either side to drop off/pick up children, it is likely to obstruct the 2-way traffic movement on this road. From a pedestrian safety perspective, concern is raised that parents that walk to the childcare centre on the north side of Hammers Road will be required to cross the road between queued traffic which will obstruct their visibility to westbound motorists.

The application also does not provide sufficient information with regards to contamination, landscaping and accessibility. Accordingly, Council’s Health Officer (Contamination), Landscape Officer and Universal Access Officer could not complete its assessment of the proposal. Further, Council’s Social Impact Officer and Traffic Engineer does not support the proposal for reasons stated throughout the Assessment Report.

The application was reviewed by the Design Excellence Panel (DEAP) who raised concerns with regards to the bulk and scale of the development, limited landscaping, poor internal amenity and a lack of ESD measures. As such, the proposal in its current form does not demonstrate design excellence and is inappropriate for the subject site.

After consideration of the development against the relevant statutory and policy provisions, the proposal is unsuitable for the site and is in not the public interest.

DETERMINATION

(a) That the Parramatta Local Planning Panel, exercising the functions of Council pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, refuse DA/314/2023 for the reasons stated in Attachment 1.

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

Denise Fernandez

Senior Development Assessment Officer

Susmita Thapa

Development Support Officer

Attachments:

1 ⇩	Assesment Report	37 Pages
2 ⇩	Locality Plan	1 Page
3 ⇩	Assessment Plans	26 Pages

REFERENCE MATERIAL

Local Planning Panel 21 September 2023 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT PUBLIC MEETING - 7 Yates Avenue DUNDAS VALLEY (Lots 599/600, DP 36700)

DESCRIPTION Amalgamation of two separate land parcels, tree removal, demolition of existing structures and construction of a two storey 83 place centre-based childcare facility with 22 parking spaces on the lower ground floor.

REFERENCE DA/7/2023 - D09099546

APPLICANT/S Baini Design Pty Ltd

OWNERS M Group Invest Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 30 August 2023

REASON FOR REFERRAL TO LPP

In accordance to City of Parramatta’s Development & Traffic Services Business Rules October 2020, development applications that receive 10 or more unique submissions during the notification period are to be determined by the Parramatta Local Planning Panel (PLPP).

EXECUTIVE SUMMARY

The subject site is known as 7 Yates Avenue, Dundas Valley (Lot 599/600 DP 36700). The site is a rectangular shaped allotment with a site area of 1279.3m2 comprising of a 31.09m frontages to Yates Avenue. The site has an approximate cross fall of 5.87m from the site’s northern corner and to the southern corner.

The application seeks approval for the amalgamation of two separate land parcels, tree removal, demolition of existing structures and construction of a two storey 83 place centre-based childcare facility with 22 parking spaces on the lower ground floor.

Council has received notice that the applicant has lodged a Deemed Refusal Appeal with the Land and Environment Court on 16 August 2023.

The issues with the current proposal arise from the provision or required areas for play, landscaping, and storage.

Additional issues include an impact on the acoustic amenity in the area and in an attempt to ameliorate it, resulting in excessively high acoustic fences.

The applicant was requested to submit additional information in response to the issues raised, however no additional information was received.

The application was notified/advertised and received twenty-seven (27) unique submissions within the notification period. The issues raised related to traffic movement and congestion, amenity, safety, and security, over shadowing, privacy and acoustic.

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 (PLPP), exercising the functions of Council, refuse development consent to DA/7/2023 for the amalgamation of two separate land parcels, tree removal, demolition of existing structures and construction of a two storey 83 place centre-based childcare facility with 22 parking spaces on the lower ground floor at 7 Yates Avenue, Dundas Valley.

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

REASONS FOR REFUSAL

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 with Clause 3.26 Centre based childcare – non-discretionary development standard. The proposal fails to provide the required areas for unencumbered indoor and outdoor space.

(b) 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:

· Site selection and location;

· Local character, streetscape and the public domain interface;

· Building orientation, envelope and design;

· Landscape;

· Visual and acoustic privacy;

· Indoor space requirements

· Storage space requirements;

· Toilet and hygiene facilities;

· Administrative space;

· Effective building design to facilitate supervision of children;

· Emergency and evacuation procedures;

· Outdoor space requirements; and

· Fencing.

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 ensure that development does not detract from the operation of local or regional road systems.

ii. Clause 6.2 – Earthworks: The development propose excessive fill on site that impacts on the amenity of neighbouring properties.

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 3.1.1 and Table 3.1.3.1: The proposal does not provide the required area for landscaping.

ii. Section 3.2.5: Due to insufficient information regarding the front fence, a full and proper assessment on the streetscape design could not be completed.

iii. Section 3.2.6: The proposed acoustic fences along the side and rear 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 domains.

iv. Section 3.3.3: The submitted acoustic report provides insufficient information and does not adequately address the impacts of the proposal on neighbouring properties. The recommendations in the report impact on the efficient operation of the centre.

v. Section 5.2.3.5: The proposal does not provide sufficient information in the acoustic report for Council’s experts to properly assess the acoustic amenity impacts of the development.

vi. Section 5.2.3.6: The proposal does not provide sufficient information to properly calculate indoor play areas and for Council’s experts to properly assess areas for safe food preparation.

vii. Section 5.2.3.6: The proposal does not provide sufficient information to properly calculate indoor play areas and for Council’s experts to properly assess areas for safe food preparation.

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.

Najeeb Kobeissi

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report & Conditions	33 Pages
2 ⇩	Locality map	1 Page
3 ⇩	Plans used during assessment	45 Pages
4 ⇩	Traffic Report	30 Pages
5 ⇩	Plan of Management	24 Pages

REFERENCE MATERIAL