|
DETERMINATION
Pursuant to Section 4.16 of the Environmental Planning
and Assessment Act, 1979:
(a) The
Parramatta Local Planning Panel declined to grant a 4 week extension, to the
development application to allow further information to be provided by the
applicant.
(b) 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. 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.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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.
(c) Council
advise those who made a submission of the determination.
Record of
Voting:
The
Panel’s decision was unanimous.
|
