|
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 following reasons:
1.
The
proposal is unsatisfactory in terms of traffic and parking, in particular it
will exacerbate the existing traffic conditions on Hammers Road and result in
an unsafe situation for proposed users of the centre and the public.
2. The proposal does not exhibit
a satisfactory proposal, in that it is inconsistent with the following
provisions prescribed within State Environmental Planning Policy (Transport
and Infrastructure) 2021 – Chapter 3 Educational Establishments:
a)
Clause 3.22 – Concurrences for certain development. The proposal does
not comply with the minimum requirements for unencumbered outdoor play areas
for a 76 place childcare centre.
b)
Clause 3.26 – Non-discretionary development standards does not provide
the minimum unencumbered outdoor play areas for a 76 place childcare centre.
c)
Childcare Planning Guidelines Part 3.1 Site selection and location
d)
Childcare Planning Guidelines Part 3.2 Local character, streetscape and the
public domain interface
e)
Childcare Planning Guidelines Part 3.3 Building orientation, envelope and
design
f)
Childcare Planning Guidelines Part 3.4 Landscaping
g)
Childcare Planning Guidelines Part 3.5 Visual and acoustic privacy
h)
Childcare Planning Guidelines Part 3.6 Noise and Air Pollution
i)
Childcare Planning Guidelines Part 3.8 Traffic, Parking and Pedestrian
Circulation
j)
Education and Care Services National Regulations Part 4.1 Indoor space
requirements (storage areas)
k)
Education and Care Services National Regulations Part 4.3 Toilet and hygiene
facilities
l)
Education and Care Services National Regulations Part 4.4 Ventilation and
natural light
m)
Education and Care Services National Regulations Part 4.6 Nappy change
facilities
n)
Education and Care Services National Regulations Part 4.7 Premises designed
to facilitate supervision
o)
Education and Care Services National Regulations Part 4.9 Outdoor space
requirements
p)
Education and Care Services National Regulations Part 4.10 Natural
environment
q)
Education and Care Services National Regulations Part 4.11 Shade
r)
Education and Care Services National Regulations Part 4.12 Fencing
s)
Education and Care Services National Regulations Part 4 4.13 Soil assessment
3.
The
proposal does not exhibit a satisfactory proposal, in that it is inconsistent
with the following provisions prescribed within State Environmental Planning
Policy (Biodiversity and Conservation) 2021 – Chapter 2 Vegetation in
Non-Rural Areas.
a) Clause 2.1 – The proposal does not meet the aims of the
chapter as it does not provide a landscape plan that demonstrates the
protection and preservation of amenity of nonrural areas through preservation
of trees and other vegetation.
4.
The
proposal does not exhibit a satisfactory proposal, in that it is inconsistent
with the following provisions prescribed within State Environmental Planning
Policy (Resilience and Hazards) 2021 – Chapter 4 Remediation of Land:
a) Clause 4.6 Contamination
and remediation to be considered in determining development application.
5.
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 R2 Low Density
Residential zone
6.
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 2.4.4 Land Contamination
b)
Section 2.4.6 Development on Sloping Land
c)
Section 2.4.7 Biodiversity
d)
Section 2.4.8 Public Domain
e)
Section 3.2.1 Building Form and Massing
f)
Section 3.2.2 Building Façade and Articulation
g)
Section 3.2.5 Streetscape
h)
Section 3.2.6 Fences
i)
Section 3.1.3 Front Setback
j) Section 3.1.3 Side Setback
k)
Section 3.1.3 Rear Setback
l)
Section 3.1.3: Deep Soil
m)
Section 3.3.3 Visual and Acoustic Privacy
n)
Section 3.3.5 Solar Access and Cross Ventilation
o)
Section 3.4.2 Access for People with Disabilities
p)
Section 3.6.3 Accessibility and Connectivity
q)
Section 5.2.3.2 Child Care Centres - Child Care Centres in Residential Zones
r)
Section 5.2.3.4 Child Care Centres – Access and Parking
s)
Section 5.2.3.5 Child Care Centres – Acoustic and Visual Privacy
t)
Section 5.2.3.7 Child Care Centres – Outdoor Areas
7. 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.
8. 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.
B. Further, that submitters are advised of the decision.
Record of
Voting:
The
Panel’s decision was unanimous.
Note:
Warrick McLean did not participate in the briefing, public meeting, deliberation
or voting in respect of this item.
|
