Agenda of Local Planning Panel - Tuesday, 17 October 2023

Local Planning Panel 17 October 2023 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT OUTSIDE PUBLIC MEETING: 183 Macquarie St, PARRAMATTA (Lot A, DP 375159)

DESCRIPTION Construction of a 12-storey building containing a retail shop and a 'Co-Living' development comprising 76 rooms with indoor and outdoor communal spaces over one level of basement and 500sq.m of retail/commercial office space ground and level 1.

REFERENCE DA/837/2022 - D09087089

APPLICANT/S PTI Architecture

OWNERS Rapisarda Holding Pty Limited

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 03 October 2023

REASON FOR REFERRAL TO LPP

Due to a variation being proposed under clause 4.6 of the Parramatta LEP 2011 to section 69(1)(b)(ii) of the Housing SEPP for minimum lot size for co-living housing of more than 10%.

EXECUTIVE SUMMARY

The Development Application is seeking approval for a 12-storey mixed use development containing a 76 room co-living component and 4 retail/commercial units on Lot A DP 375159 (183 Macquarie St, Parramatta).

The development application has been submitted with a clause 4.6 variation to clause 69(1)(b)(ii) of the Housing SEPP for the minimum lot size for co-living development. The subject site is 487.3sq.m, which represents a 39.1% variation to the 800sq.m minimum lot size.

This application was considered by the Local Planning Panel on the 15^th May 2023 and was deferred for six weeks to allow the applicant to satisfy Transport for NSW issues and design issues. Amended plans were submitted on the 22^nd June 2023. These plans included the following key changes:

· Reduction of co-living units from 96 to 73;

· Introduction of a ground floor vehicle servicing bay / seating area;

· Conversion of ground floor and 1^st floor to retail/commercial use;

· Increase the depth of the building void (light well) from 3m wide to 6m; and

· Amended locations of common open space, with new space added on roof

The introduction of vehicular servicing has come at the expense of any active frontage; the entire frontage of the site will present as an open loading dock. The applicant’s proposal to co-utilise this space as a seating area for the ground floor retail/commercial unit (i.e. for a café) is not considered to be safe or practicable as it would create conflict between pedestrians and vehicles. Regardless, Transport for NSW are not satisfied with the proposed vehicular access arrangements and have refused to grant concurrence.

Council officers query whether the application can legally be approved given the following:

· Concurrence has not been provided by Transport for NSW.

· Concurrence has not been provided by the Planning Secretary.

Notwithstanding, in summary, the amended application is recommended for refusal primarily on the basis that a variation to the minimum lot size is not appropriate as:

· It requires non-compliances with tower side setback controls resulting in unacceptable impacts on built form and amenity.

· The servicing requirements result in no active frontage and create conflict between pedestrians and vehicles.

Approval of the subject application would set a precedent for a patching building on the adjoining site of the same size. The two sites developed in accordance with the current proposal would result in less housing than if the two sites were developed together as one building.

SITE DESCRIPTION

The subject site is a single allotment legally described as Lot A DP 375159 and known as 183 Macquarie St, Parramatta. The allotment is regular in shape and is 487.3sq.m in size with a 10.6m frontage to Macquarie St. The lot is cleared with no known easements or impediments besides a sewer line traversing the back of the site. Under PLEP 2011 the site is zoned B4 Mixed Use and has a maximum building height limit of 145m.

The site is located on the under-construction Parramatta Light Rail route on the eastern periphery of the Parramatta City Centre, about 400m east of the Parramatta Railway station and 120m west of the future Robin Thomas Light Rail Station. It is located 270m southwest of the Parramatta River and 150 metres north of the Clay Cliff Creek, a Sydney Water asset which is defined by a concrete channel. The site currently does not benefit from vehicular access to Macquarie Street, having been removed as part of the light rail works.

Surrounding development comprises a mix of uses consistent with the locality’s mixed-use zoning and fringe CBD location. The area is transitioning towards a higher proportion of high-density mixed-use developments. The adjoining site to the east at 189 Macquarie St is occupied by a 6-storey privately owned parking lot, with permission for two residential towers above the carpark up to 30 storeys. The site also adjoins a 2-storey commercial building at 12 Charles St and a 11-storey residential flat building at 6 Charles St to the west. This site has a 6-storey residential building at the rear of the site which is immediately adjacent to the subject site. The closest university buildings are the Western Sydney University Innovation Hub at 6 Hassall St and the Western Sydney University Parramatta City Campus at 169 Macquarie St, both being 350m walk (5 min).

The site has been cleared with a development application approved in mid-2020 for the demolition of the single storey brick cottage which was partially fire damaged and rear brick garage (DA/222/2020). Several development applications and pre-lodgement meetings have been lodged for the redevelopment of this site since 1993. Most recently the site was subject to two rezoning proposals to amend the maximum FSR and height to be consistent with the Parramatta CBD Planning Proposal, these were withdrawn by the applicant.

The subject DA was lodged on 25 October 2022 (prior to adoption of the Parramatta LEP 2023).

RECOMMENDATION

Pursuant to Section 4.16 of the Environmental Planning and Assessment Act, 1979:

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, refuse development consent to DA/837/2022 for the Construction of a 12-storey mixed use building containing ground and first floor retail/commercial space and 76 Co-Living rooms over one level of basement storage on land at 183 Macquarie St, Parramatta for the following reasons:

1. Unsuitable Site –

a. Site Size – The site does not meet the minimum lot size development standard for co-living housing in section 69(1)(b)(ii) of the Housing SEPP 2021. Specifically, the proposed variation is excessive, leads to further development non-compliances and sets a poor precedent.

b. Site Frontage – The development does not comply with Section 6.3.2 of the Parramatta Development Control Plan 2011 regarding the minimum site frontage for sites in the CBD. Specifically, the development has provided a 10.6m frontage rather than the 35m required which does not allow for achievement of the objectives.

c. Site Isolation – The development does not comply with Section 3.7.2 of the Parramatta Development Control Plan 2011. Specifically, the proposal would isolate the adjoining site to the west, compromising its ability to accommodate a development of the allowable density while complying with the relevant controls. No evidence has been provided to demonstrate the applicant made a reasonable attempt to amalgamate the subject site with the adjoining lot.

d. Suitability of the site – The site is not considered suitable for this development as per 4.15(1)(c) of the Environmental Planning and Assessment Act 1979. Specifically, the proposed utilization of an undersized site results in unacceptable impacts on built form and amenity.

2. Unacceptable Standard of Accommodation –

a. Unit Size – Several of the proposed units do not provide the minimum room sizes as prescribed by the development standard in section 69(1)(a) of the Housing SEPP 2021. No variation request has been submitted under clause 4.6 of the PLEP for this proposed variation.

b. Solar Access – A majority of the proposed units would not receive any direct sunlight at mid-winter which is contrary to the provision of Clause 3.3.5 of the Parramatta DCP 2011.

c. Ventilation – The applicant has not demonstrated that the units off the light well will receive adequate mechanical ventilation. Further, the lack of side setbacks denies the opportunity to provide the units with natural cross ventilation.

d. Outlook – The privacy screens to the windows off the light well and the proximity to the adjoining built form result in poor outlook for those units which is contrary to the requirements of clause 6.3.2 of the Parramatta DCP 2011.

e. Floor to floor heights – The development does not comply with Section 6.3.3.4 of the Parramatta Development Control Plan 2011 regarding floor-to-floor heights. Specifically, the development has not provided the required 3.1m floor to floor heights for residential levels nor the required 3.8m floor to floor heights for the commercial levels.

f. Motorcycle Parking - The development has not provided adequate motorcycle parking spaces as per Section 69(1)(h) of the Housing SEPP 2021. Specifically, the one proposed space is insufficient and will conflict with the use of the space as a café and a loading dock at other times. This provision also does not comply with 6.9.2 of the Parramatta Development Control Plan 2011.

g. Safety – The development does not comply with section 3.4.2 and 3.4.4 of the Parramatta Development Control Plan 2011. Specifically, the development does not demonstrate that it can provide adequate safe and obvious access for residents via the loading dock.

h. CPTED – The development does not comply with Section 3.4.4 of the Parramatta Development Control Plan 2011 regarding appropriate security and safety for residents. Specifically, the open loading dock provides concealment and entrapment points.

i. Car Parking – The development is inconsistent with Section 3.6.2 of the Parramatta Development Control Plan 2011 relating to minimum car parking requirements. Specifically, the proposal does not provide adequate and safe parking space for use by the building manager at all times as it will be used as a café for part of the day.

3. Unacceptable Built Form –

a. Building Separation – The design of the building does not comply with the separations requirements under Section 69(2)(b) of the Housing SEPP 2021. Specifically, the setbacks to both the eastern and western boundaries do not comply with sections 2F/3F of the Apartment Design Guidelines and result in unacceptable impacts on, and set a poor precedent for, built form.

b. Active Street Frontage / Waste Management – The proposal does not comply with section 7.8 of the Parramatta Local Environmental Plan 2011 and Section 3.3.7 and 6.3.4 of the Parramatta Development Control Plan 2011 as the development does not provide an appropriate active street frontage and a loading dock. Specifically, the proposed loading dock/café does not meet the requirements of the controls and the uses conflict with each other.

c. Desired Future Character / General Design Objectives – The design of the building is not consistent with the desired future character of the precinct as required under Section 69(2)(f) of the Housing SEPP 2021. Specifically, the setbacks and street wall are not as per the requirements of Parts 6.1 and 6.3 in the Parramatta DCP 2011.

4. Unacceptable Impacts on Public Domain and Adjoining Properties

a. Outlook – The lack of side setbacks will result in unacceptable loss of outlook for residents of the adjoining approved dwellings at 189 Macquarie Street, contrary to the requirements of clause 6.3.2 of the Parramatta DCP 2011.

b. Shore Lining– The open loading dock does not define the street edge for vision impaired users of the public domain, contrary to clause 3.4.2 of the Parramatta Development Control Plan 2011.

5. Insufficient Approvals and Concurrence –

a. Transport for NSW (TfNSW) Concurrence – As required under Section 2.99 of the SEPP (Transport and Infrastructure) 2021 concurrence has not been provided from TfNSW. This is required as the development proposes excavation below 2m within 25m measured horizontally of a rail corridor (Parramatta Light Rail).

b. Transport for NSW (TfNSW) Support – As required under section 2.118 of the SEPP (Transport and Infrastructure) 2021 support has not been given by TfNSW. This is required for all development with a frontage to a Classified Road. Further, approval has not been granted from TfNSW as per section 138 of the Roads Act 1993. This is due to potential conflicts with the operation of the Parramatta Light Rail on Macquarie St.

c. Planning Secretary Concurrence – The development does not comply with section 7.25 of the Parramatta Local Environmental Plan 2011 as concurrence has not been provided from the Planning Secretary for state infrastructure.

6. Insufficient Information

a. Public Domain – The development does not comply with section 2.4.8 of the Parramatta Development Control Plan 2011. Specifically, the applicant has not been submitted detailed public domain plans as per Council requirements.

b. Acid Sulfate Soil - The development does not comply with section 6.1 of the Parramatta Local Environmental Plan 2011. Specifically, the applicant has not submitted an Acid Sulfate Soil management plan and has not adequately addressed the provisions within this section.

7. Impacts on built environment – The development will lead to environmental impacts to the surrounding built environment and does not meet 4.15(1)(a)(i) or (ii) of the Environmental Planning and Assessment Act 1979 as detailed in this report.

8. Public Interest – The development is not suitable as it is not in the public interest as per 4.15(1)(e) of the Environmental Planning and Assessment Act 1979.

(b) That Council advise those who made a submission of the determination.

Paul Sartor

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	42 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	22 Pages
4	Internal plans used during assessment (confidential)	15 Pages
5 ⇩	Clause 4.6 Variation	11 Pages

REFERENCE MATERIAL

Local Planning Panel 17 October 2023 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT OUTSIDE PUBLIC MEETING: 135 Victoria Road, PARRAMATTA NSW 2150 (Lot 46 DP 8016)

DESCRIPTION Demolition of the existing dwelling, tree removal and construction of a two storey boarding house with basement parking

REFERENCE DA/330/2023 - D09112790

APPLICANT/S JS Architects

OWNERS Mina Property Investments Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 29 AUGUST 2023

REASON FOR REFERRAL TO LPP

This application is referred to the Parramatta Local Planning Panel as the application seeks to vary a development standard by more than 10%.

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 135 Victoria Road, Parramatta (Lot 46 in DP 8016). The site is a mid-block regular shaped allotment with a north-south orientation. The total site area is 695.6m2.

The existing development on the site comprise of a single storey weatherboard dwelling with ancillary structures to the rear.

The existing developments within the locality range between low density, one storey residential dwellings to medium density, multi-dwelling developments. The site is located within proximity to local shops, bus services and education and employment opportunities.

The Proposal

Consent is sought for the following:

· Enabling works which comprise:

o Demolition of all existing structures on site

o Removal of 4 trees throughout the site

· Construction of a 2 storey boarding house with 10 rooms comprising of the following:

Basement Level

- 3 residential parking spaces, 1 disabled space, 1 shared space, 1 visitor parking, 2 x motorcycle spaces, 10 storage rooms, waste room, Lift and Driveway Ramp

Ground Level

- 4 x 2 person boarding room, common laundry, common room, bicycle storage room, lift, stairs and electrical room.

First Floor

- 6 x 2 person boarding room, lift and stairs.

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 21 June 2023 and 12 July 2023. As a result of the notification period, one (1) unique submission was received. The issues raised in this submission were:

1. Scale and Character

2. Building separation

3. Privacy

4. Overshadowing

5. Acoustic

6. Traffic

7. Parking

8. Facilities

9. Air conditioner

10. Notification of Plans

Assessment

The site is zoned R3 Medium Density Residential pursuant to Parramatta Local Environmental Plan 2023. Boarding houses are permitted on the site with consent.

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 (Housing) 2021, 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 undersized nature of the allotment, scale of the development and narrow width of the site. As a result, the built form has been designed with non-compliant side and rear setbacks. The front setback is also more than the maximum range for developments on R3 zoned sites.

The design of the built form has in this instance compromised the amenity impacts to adjoining developments (visual, solar access and acoustic), provision of satisfactory facilities such as a compliant communal living area and common open space area, provision of satisfactory landscaping and deep soil areas to balance the hard and soft surfaces.

As a result, the proposal is not considered to be compatible with the character of the local area or the envisaged character of the precinct.

The application was referred to Transport for NSW as the site has a frontage to Victoria Road. TfNSW requested further information to complete its assessment of the development. However, this information has not been submitted and therefore concurrence from TfNSW has not been issued. The application also failed to submit information required to satisfactorily assess the development with regards to engineering and universal access.

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.

It is noted that on 24 August 2023 the Applicant commenced proceedings in Class 1 of the Land and Environment Court’s jurisdiction appealing against the Council’s deemed refusal of the development application.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of Council pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, refuse DA/330/2023 for the reasons stated in Attachment 1.

(b) Further, that the submitter is advised of the decision.

REASONS FOR REFUSAL

1. 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 2 Infrastructure:

a) Clause 2.119 – Frontage to a classified road. Insufficient information has been received to allow Transport for NSW to issue concurrence.

2. The proposal does not exhibit a satisfactory proposal, in that it is inconsistent with the following provisions prescribed within State Environmental Planning Policy (Housing) 2021 – Part 2, Division 2 – Boarding Houses:

a) Clause 24 (2) – Non discretionary standards. The development does not provide the minimum landscaping requirements, communal living area and communal open space.

b) Clause 25 (1) – Standards for boarding houses – Minimum Lot Size. The subject site does not meet the minimum 800m2 land area for boarding houses located in R3 zones.

c) Clause 25 (2)(a) – Council does not consider the development to be compatible with the character of the local area and the desired future character of the precinct.

d) Clause 25 (2)(b) – Council does not consider that the front, side and rear setbacks of the boarding house are appropriate for the site,

e) Clause 26 – Must be used in Perpetuity. Insufficient information has been received with regards to compliance with this clause.

3. The proposal does not exhibit a satisfactory proposal in that insufficient information has been received to comply with the provisions under State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 and Section J of the National Construction Code (NCC) – Volume 1.

4. 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 R3 Medium Density Residential zone

c) Clause 4.6 - the applicant’s written request to vary Clause 25(1) – Minimum allotment size of the Housing SEPP has not adequately addressed the matters required to be demonstrated by Clause 4.6(3).

d) Clause 6.2 – Earthworks. Insufficient information has been received to allow assessment of this clause.

e) Clause 6.5 – Stormwater Management. Insufficient information has been received to allow assessment of this clause.

5. 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 2.4.3 Soil Management

b) Section 2.4.6 Development on Sloping Land

c) Section 2.4.8 Public Domain

d) Section 3.2.1 Building Form and Massing

e) Section 3.2.2 Building Façade and Articulation

f) Section 3.2.3 Roof Design

g) Section 3.2.5 Streetscape

h) Section 3.1.3 Front Setback

i) Section 3.1.3 Side Setback

j) Section 3.1.3 Rear Setback

k) Section 3.1.3: Deep Soil

l) Section 3.1.3: Landscape Area

m) Section 3.3.3 Visual and Acoustic Privacy

n) Section 3.3.5 Solar Access and Cross Ventilation

o) Section 3.3.6: Water Sensitive Urban Design

p) Section 3.4.2 Access for People with Disabilities

q) Section 3.6.3 Accessibility and Connectivity

r) Section 5.1 Boarding Houses

s) Section 5.1.3 Relationship to DCP to other Planning Instruments

t) Section 5.1.4 Planning Controls for Boarding Houses

6. 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.

7. 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.

Denise Fernandez

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	31 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Architectural Plans	32 Pages
4	Internal Plans (confidential)	11 Pages

Local Planning Panel 17 October 2023 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT PUBLIC MEETING: 8-12 Manson Street TELOPEA NSW 2117

DESCRIPTION Demolition, tree removal and construction of a six storey residential flat building, comprising of 48 residential units over basement carparking and associated civil and landscaping works.
The application is Nominated Integrated Development under Water Management Act 2000.

REFERENCE DA/516/2022 - D09133628

APPLICANT/S Mr J Thompson

OWNERS Mr E K H Cheung

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 12 september 2023

REASON FOR REFERRAL TO LPP

Development application DA/516/2022 was lodged on 28 June 2022 for the demolition of three existing dwelling houses on three separate lots, tree removal and construction of a six-storey residential flat building, comprising of 48 residential units over three levels of basement carparking and associated civil and landscaping works of the site that is to be amalgamated into one site. The application is recognised as Integrated Development under the Water Management Act 2000 as the proposal requires a Water Supply Work approval (issued 27 July 2023) to facilitate the excavation of the basement component of the proposal.

The application is referred to the Parramatta Local Planning Panel for determination as the proposal is a residential flat building of more than four storeys. Furthermore, the application has received a total of 16 unique submissions after the proposal was notified and advertised in accordance with the Parramatta Notification Plan for the period between 7 July 2022 to 28 July 2022 (three weeks).

EXECUTIVE 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. Consideration of technical matters by specialist sections of Council including but not limited to the Engineering, Traffic and Landscaping departments did not identify any fundamental issues of concern. Furthermore, comments from the Parramatta Design Excellence Advisory Panel also did not raise any fundamental issues and generally supported the proposal with only minor recommended changes which have since been responded to.

It is noted that a non-compliance regarding building height has been identified. The nature of the non-compliance is predominantly limited to the lift overrun located towards the centre of the proposed building which protrudes to a height of 23.45m at the greatest extent above natural ground level and results in a 1.45m (or 6.5%) variation to the control. The application is supported by a clause 4.6 variation request to vary from the development standard set out under clause 4.3 concerning building height.

Development Standard	Proposal	Variation
22 m	23.45 m	1.45 m (6.5%)

A review of the request together with other supporting documentation including comments from the Design Excellence Advisory panel, and consideration of the context of the site and immediate locality including its expected desired future High Density Residential character per the Telopea Land and Housing Corporation/Frazers Master Plan has resulted in the view of Council that the variation is reasonable and supportable.

Having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is recommended that the Panel support the recommendation to approve Development Application No. DA.516/2022 as a deferred commencement approval.

RECOMMENDATION

(a) That, the Parramatta Local Planning Panel support the variation to Clause 4.3 of Parramatta Local Environmental Plan 2011 under the provisions of Clause 4.6 for the following reasons:

I. That compliance with the development standard for height would be unnecessary upon reflection of the unique context and scale of the site and natural constraints present and,

II. That the proposed noncompliance will result in negligible visual impact to adjoining properties and the streetscape and,

III. That the proposed noncompliance will result in negligible impact to bulk and scale as the proposed noncompliance is visually minor and is predominantly directed towards the centre of the building and not readily viewed from the streetscape.

(b) Further that the Parramatta Local Planning Panel, exercising the function of the consent authority, grant deferred commencement approval to development consent DA/516/2022 for the Demolition, tree removal and construction of a six storey residential flat building, comprising of 48 residential units over basement carparking and associated civil and landscaping works on land at 8-12 Manson Street, Telopea subject to conditions of consent in Attachment 1.

(c) Further that the submitters are advised of the Panel’s 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 R4 High Density Residential zone and is satisfactory when considered against Section 4.15 of the Environmental Planning and Assessment Act 1979.

3. The development will be compatible with the emerging and planned future high density character of the area.

4. The development will provide housing and employment that accommodates the needs of the existing and future residents, workers and visitors of Parramatta.

5. Approval of the application is in the public interest.

Cade Tracey

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report & Conditions	105 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Architectural Plans	7 Pages
4 ⇩	Internal Floor Plans	12 Pages
5	Landscape Plans (confidential)	6 Pages
6	Stormwater Drainage Plans (confidential)	10 Pages
7	Public Domain Plans used during assessment (confidential)	4 Pages
8 ⇩	Clause 4.6 Height Variation	14 Pages

Local Planning Panel 17 October 2023 Item 6.1

PLANNING PROPOSAL

ITEM NUMBER 6.1

SUBJECT Pre-Gateway Planning Proposal for land at 45 Macquarie Street, Parramatta

REFERENCE RZ/7/2022 -

APPLICANT/S Strata Plus Pty Ltd

OWNERS Multiple Strata Title Owners of 30-32 Hunter Street, 140 Marsden Street and 45 Macquarie Street

REPORT OF Project Officer

Development applications considered by Sydney central city planning panel Nil

PURPOSE

To seek Local Planning Panel (LPP) advice on a Planning Proposal for land at 45 Macquarie Street, Parramatta for the purposes of seeking a Gateway Determination from the Department of Planning and Environment (DPE).

RECOMMENDATION

That the Local Planning Panel consider the following Council officer recommendation in its advice to Council:

(a) That Council approve the Planning Proposal for land at 45 Macquarie Street, Parramatta, which seeks to reduce the curtilage of the archaeological site identified on Schedule 5 of the PLEP 2023 (SP94346, SP94348 & SP94349) to be consistent with the State Heritage Register (SHR) listing of the item, for the purposes of seeking a Gateway Determination from the Department of Planning and Environment (DPE).

(b) That the Planning Proposal be forwarded to the DPE for a Gateway Determination.

(c) That Council requests the DPE that Council be authorised to exercise its plan-making delegations for this Planning Proposal.

(d) Further, that Council authorise the CEO to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan-making process.

PLANNING PROPOSAL TIMELINE

SUMMARY

1. This report seeks the advice of the LPP on a Planning Proposal for land at 45 Macquarie Street, Parramatta for the purposes of seeking a Gateway Determination from the Department of Planning and Environment (DPE).

2. The Planning Proposal seeks to amend the Parramatta Local Environmental Plan 2023 (PLEP 2023) t o reduce the curtilage of the archaeological site identified on Schedule 5 of the PLEP 2023 (SP94346, SP94348 & SP94349) to be consistent with the State Heritage Register (SHR) listing of the item.

SITE DESCRIPTION

3. The site has a primary street address of 45 Macquarie Street, Parramatta and is also identified as 30–32 Hunter Street and 140 Marsden Street, Parramatta (see Figure 1) (subject site).

Figure 1 – Item 02027 at 45 Macquarie Street, Parramatta, listed on the NSW State Heritage Register (SHR) as ”Archaeological Site and associated artefacts” (highlighted in blue).

Note: Local Heritage listing outlined in yellow.

4. The site is a corner lot bounded by Marsden Street to the east, Hunter Street to the south and Macquarie Street to the north and has an area of approximately 4,900m². The site contains an existing high density mixed-use retail and commercial building, ground level retail with public piazza, six level commercial podium building, 16 level commercial tower, as well as an archaeological interpretation zone (consisting of the Phillip Ruddock Heritage Centre, exposed archaeological site and museum) and through site link.

5. The building located on the site has been strata subdivided to create the following strata lots (see maps at Attachment 1):

· SP 94346 known as 45 Macquarie Street, Parramatta

· SP 94347 known as 32 Hunter Street, Parramatta

· SP 94348 known as 30 Hunter Street, Parramatta

· SP 94349 known as 140 Marsden Street, Parramatta.

6. Parramatta Local Environmental Plan (PLEP) 2023 has identified the site as containing an archaeological item of local significance (A16). The PLEP listing of the archaeological item is limited to three of the strata titles: 45 Macquarie Street, Parramatta (SP 94346), 30 Hunter Street, Parramatta (SP 94348) and 140 Marsden Street, Parramatta (SP 94349).

7. The archaeological item is listed on the State Heritage Register as item 02027 “Archaeological Site and associated artefacts”.

BACKGROUND

8. On 1 March 2005 Council approved DA/1918/2003 for the demolition of an existing structure on site and construction of a nine storey mixed use building containing 137 residential units, 5,370sqm of commercial office space and 1,295sqm of retail space above three levels of basement car parking and strata subdivision.

9. An excavation permit (2004/S140/068) and modification of the original permit (2005/S144/014) were approved by Heritage NSW on 2 February 2005 and 5 August 2005 respectively. Archaeological investigations were carried out on the site between May and August 2005, which led to several discoveries on the site:

· evidence of the footings of a convict hut;

· evidence of occupation by a wheelwright;

· evidence of the cellar of the Wheatsheaf Hotel, one of the earliest remnants of a hotel building; and

· the footings of a larger colonial period cottage with a deep well.

10. After this discovery, Heritage NSW requested that the owners consider an opportunity for in situ conservation of the significant finds. Further investigations were undertaken to consider development options for the site that could accommodate an in-situ conservation.

11. Interim Heritage Order (IHO) No 101 under Section 24 of the Heritage Act 1977 (the Heritage Act) was applied to the site and was gazetted on 22 March 2006.

12. On 11 September 2006 Council approved DA/470/2006 for the construction of a mixed-use retail and commercial building, ground level retail with public piazza, six level commercial podium building, 16 level commercial tower, heritage interpretation space and strata subdivision, and an archaeological interpretation zone and through site link.

13. In 2009 Crown International Holdings Pty Ltd purchased the site. A State Significant Development application was submitted in 2010 to the then Department of Planning, Industry and Environment. It sought the redevelopment of the site for a 26 storey mixed use scheme consisting of 367 residential units, commercial and retail floor space, 6 levels of basement car parking, an archaeological display area and public plaza. This project was subject to a review by an independent Design Review Panel.

14. The proposed State Significant Development application was considered by the Independent Planning Commission and approved by the then Minister for Planning and Infrastructure on 28 October 2011.

15. On 21 March 2014 the subject site, then known as 134–140 Marsden Street, was listed as a local item of significance in the Parramatta City Centre Local Environmental Plan 2007 as Item 135 “Archaeological site” (see Figure 2), to replace the Interim Heritage Order.

Figure 2 - Subject site identified as Item 135 at 134-140 Marsden Street, Parramatta, listed on Schedule 5 of the Parramatta City Centre Local Environmental Plan 2007

16. The subject site was developed per the approved State Significant Development application. As part of this development, the Philip Ruddock Heritage Centre (see Figures 3 and 4) was opened on the site in December 2017 and is accessible to the public to walk through and view the exposed archaeological site and museum.

Figures 3 and 4 – Phillip Ruddock Heritage Centre interior (atparramatta.com)

17. On 5 July 2019, 45 Macquarie Street, Parramatta was listed on the NSW State Heritage Register (SHR) as item 02027, “Archaeological Site and associated artefacts” (see Figure 1). This State Heritage Listing was of a smaller footprint than the Local Heritage Listing.

18. The statement of significance for the State Heritage Listing highlights that two in situ archaeological displays at 45 Macquarie Street, Parramatta that form part of the Heritage Centre are of State heritage significance for their historical values demonstrating the development of Parramatta. The archaeological site contains a rare, well-preserved example of a 'convict hut', as well as later layers of the site’s occupation as a bakery, wheel wrights workshop, masonry residence and evidence of the origins and expansion of the Shepherd and Flock Hotel.

CURRENT PLANNING CONTROLS

19. The Planning Proposal seeks to amend the curtilage of the archaeological site identified in the LEP to be consistent with the gazetted State Heritage Register listing. It does not seek to change the current zoning, height of building, floor space ratio or any other controls for the site. Under the provisions of the Parramatta Local Environmental Plan 2023, the following planning controls apply to the subject site:

· Heritage: Local (Figure 5)

· MU1 - Mixed Use zone (Figure 6)

· Maximum Height of Building (HOB) control of 54m (Figure 7)

· Floor Space Ratio (FSR) 6:1 (Figure 8).

Figure 5 – Heritage (Local), Parramatta Local Environmental Plan 2023

Figure 6 – Land Zoning Map, Parramatta Local Environmental Plan 2023

Figure 7 – Maximum Height of Building, Parramatta Local Environmental Plan 2023

Figure 8 – Floor Space Ratio, Parramatta Local Environmental Plan 2023

PLANNING PROPOSAL

20. On 2 August 2022 Council received a Planning Proposal (Attachment 2) for land at 45 Macquarie St, Parramatta seeking to amend the provisions of the Parramatta Local Environmental Plan 2011 (PLEP 2011) (now Parramatta Local Environmental Plan 2023) to modify the extent of the mapped archaeological site at the subject site.

21. Specifically, the proposal seeks to reduce the extent of the archaeological site A11 at 45 Macquarie Street, Parramatta listed on Schedule 5 of the PLEP 2011 which is now identified as A16 on Schedule 5 of the PLEP 2023 (see Figure 9). The Proposal seeks to align with the extent of the gazetted listing on the NSW State Heritage Register (SHR) of item 02027 (see Figure 10), “Archaeological Site and associated artefacts”.

Figure 9 – Subject site identified as A16 at 45 Macquarie Street, Parramatta,

listed on Schedule 5 of the PLEP 2023

22. The Proposal specifies that the extent of the archaeological site is to be limited to only the common area located on Basement Level 1, which is consistent with the NSW State Heritage Register plan (refer to Figure 10 below).

Figure 10 – NSW State Heritage Register Plan of item 02027 “Archaeological Site and associated artefacts”. Extent of the listing is shown hatched in red.

23. The Planning Proposal will enable exempt and complying development to take place under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 in the parts of the existing building that will be excluded from the listing without affecting the heritage significance of the archaeological remains, thus enabling minor types of development to take place without a requirement for a development application.

24. A copy of the Planning Proposal is provided at Attachment 2.

LOCAL & STRATEGIC CONTEXT

State Planning Policies

25. The Planning Proposal is generally consistent with the relevant state policies and planning strategies including the Greater Sydney Region Plan, Central City District Plan, and Ministerial Directions under Clause 9.1 of the Environmental Planning and Assessment Act 1979.

26. The Greater Sydney Region Plan: A Metropolis of Three Cities aims to create and renew great places and local centres, with respect to each District‘s heritage. Under Direction 4 - Liveability: A City of Great Places, Objective 13 states ”Environmental heritage is identified, conserved and enhanced”. This objective acknowledges that respectfully combining history and heritage with modern design achieves an urban environment that demonstrates shared values and contributes to a sense of place and identity. It highlights that this is particularly important for transitional areas, places experiencing significant urban renewal and where it is necessary to take account of the cumulative impacts of development on heritage values.

27. The Planning Proposal is in keeping with this objective as the buildings on site were carefully designed to respectfully combine them with the history and heritage of the site, evident in the archaeological interpretation zone and permanent exhibition area that is accessible to the public.

28. The Central City District Plan (CCDP) identifies Direction 3 - Liveability, Objective 13, Action 2c as the need to manage and monitor the cumulative impact of development on the heritage values and character of places. This Planning Proposal is consistent with this action, as it will align the local heritage listing of the site with the gazetted SHR listing whilst protecting the heritage values and character of the subject site if any future development is proposed.

Local Strategies

29. Councils are required to prepare a Local Strategic Planning Statement (LSPS) to set out the long-term vision for land use planning and respond to broader priorities identified in the District Plans and integrate with Council’s Community Strategic Plan. The LSPS provides the local strategic planning framework, and any new planning proposal must justify any inconsistency with this framework, and the supporting Local Housing Strategy (LHS) and Employment Lands Strategy (ELS). Council’s LSPS was published on 31 March 2020.

30. The proposal is consistent with the LSPS as it is consistent with Planning Priority 9: Enhance Parramatta’s heritage and cultural assets to maintain our authentic identity and deliver infrastructure to meet community needs. The proposal will not affect the heritage and cultural assets on the site, as there are no proposed physical changes to the site, with no archaeological remains existing beyond the SHR curtilage. The archaeological heritage will continue to be managed and protected under the existing arrangements.

ASSESSMENT OF KEY ISSUES

Heritage Considerations

31. A Heritage Assessment Report has been prepared by the applicant’s heritage consultant GBA Heritage in support of the Planning Proposal. A copy of the heritage report is provided at Attachment 3.

32. The Heritage Assessment Report concludes that the Planning Proposal should be supported given that the current LEP boundaries and listing information of the surviving archaeological relics at the subject site should match those gazetted for the State Heritage Register listing. It notes that the reduced archaeological area is defined and enclosed by the concrete basement walls that surround the Philip Ruddock Heritage Centre.

33. On 1 November 2022 Parramatta’s Heritage Advisory Committee (HAC) met to review the Planning Proposal. The Committee requested additional information to justify the need for the planning proposal, confirm what heritage value exists outside the area of the proposed reduced listing, and confirm any impacts of existing stratification on the proposed reduced listing. The HAC requested the additional information be reported back to the HAC for consideration.

34. On 15 March 2023 the applicant provided a written response to the request for additional information. The applicant’s response detailed the need for the reduced listing as follows:

· There is no surviving archaeology on the site beyond that now delineated in the SHR curtilage, therefore the additional area of LEP listing is incorrect to the extent that it is now redundant.

· Sound heritage management processes need to be based on correct and up to date information.

· The archaeological management implications arising from the relevant provisions of the LEP and the NSW Heritage Act must rely on accurate information.

· The long term management of the building above the listed area, with its various common and privately owned strata lots, should be facilitated in a manner that is unencumbered by specific, but potentially redundant and unnecessary development control restrictions that would be generated if the LEP archaeology was not accurately defined.

35. The response stated that there was no archaeological significance associated with the remainder of the site outside of the proposed reduced listing. The reduced listing will contain the items of heritage value within one existing strata title and will not impact on their protection.

36. On 2 May 2023 the HAC met to review the additional information provided by the applicant and Council’s internal heritage review.

37. The HAC resolved that the reduction of the LEP listing to align with the SHR curtilage is appropriate, as all remaining extant State significant historical archaeology within the site is limited to the SHR listing curtilage, and no changes are proposed to the existing SHR listed item including its mapped curtilage.

38. An examination of the State Heritage Listing has established that the location of the item within the building is described as being within the common property area of basement level 1 of SP 94346.

39. Council's Heritage Officer has reviewed the applicant’s Heritage Assessment Report prepared by GBA Heritage along with additional information provided by the applicant. The Heritage Officer assessment concludes that the changes under the Planning Proposal are supported, noting that with regards to the presence and value of any physical archaeological relics outside the SHR listed area, there is no such archaeology surviving, with any other archaeology having been removed during the approved excavation for the now existing basements.

40. The Planning Proposal was referred to Heritage NSW for comment. Heritage NSW did not raise any objections, stating that amendments to LEPs for greater accuracy and better protection of local heritage are encouraged. Heritage NSW acknowledged that all remaining extant State significant historical archaeology within the site is limited to the SHR listing curtilage, and no changes are proposed to the existing SHR listed item including its mapped curtilage.

41. The Planning Proposal was also referred to the Dharug Ngurra Aboriginal Corporation and Deerubbin Local Aboriginal Land Council for comment, however no comments were received.

42. It is considered that the Planning Proposal has appropriately considered any heritage impacts.

Application of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

43. The applicant states in the Planning Proposal that it seeks to “permit ease of development modification to the contemporary building on the subject site”.

44. The Planning Proposal will have the effect of enabling consideration of the application of the provisions of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 for works proposed to parts of the building outside of the curtilage of the State Heritage Listed area.

PLAN MAKING DELEGATIONS

45. Revised delegations were announced in October 2012 by the then Minister for Planning and Infrastructure, allowing councils to make LEPs of local significance. On 26 November 2012, Council resolved to accept the delegation for plan-making functions. Council has resolved that these functions be delegated to the CEO.

46. Should Council resolve to endorse the Planning Proposal to proceed, it is recommended that Council request that it exercise its plan-making delegations. This means that once the Planning Proposal has been to Gateway, undergone public exhibition and been adopted by Council, Council officers will deal directly with the Parliamentary Counsel Office on the legal drafting and mapping of the amendment. The LEP amendment is then signed by the CEO before being notified on the NSW Legislation website.

CONSULTATION & TIMING

47. The Planning Proposal and supporting documents were referred internally to Council’s Heritage Officer, Legal Services Unit and Council’s Heritage Advisory Committee (HAC).

48. As noted earlier the Planning Proposal was referred to Heritage NSW for comment. Heritage NSW did not raise any objections, stating that amendments to LEPs for greater accuracy and better protection of local heritage are encouraged.

49. The Planning Proposal and supporting documents were also referred to Dharug Ngurra Aboriginal Corporation and Deerubbin Local Aboriginal Land Council, however no comments were received.

50. No public consultation has yet been undertaken relating to this Planning Proposal. Should Council resolve to proceed with the Planning Proposal, it (and all related information) will be submitted to the DPE for Gateway Determination. Community consultation will be undertaken in accordance with the Gateway Determination.

FINANCIAL IMPLICATIONS FOR COUNCIL

51. Should Council resolve to proceed with the Planning Proposal, the costs incurred in conducting the public exhibition will be covered by the Planning Proposal fees.

CONCLUSION AND NEXT STEPS

52. This report seeks the advice of the LPP to Council on the consideration of the Planning Proposal for 45 Macquarie Street, Parramatta to DPE for Gateway assessment. The Council officer recommendation is that the Planning Proposal be forwarded to the DPE for a Gateway Determination.

53. Following the Local Planning Panel’s consideration of the proposal, the Planning Proposal will be considered by Council. Should the proposal be supported by Council it will be forwarded to DPE for consideration for a Gateway Determination.

Rachel Machkevitch

Project Officer

Belinda Borg

Team Leader Land Use Planning

David Birds

Group Manager, Major Projects and Precincts

Jennifer Concato

Executive Director City Planning and Design

Attachments: