Agenda of Local Planning Panel - Tuesday, 21 November 2023

Local Planning Panel 21 November 2023 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT PUBLIC MEETING: 67 Kent Street, EPPING NSW 2121 (LOT 11 DP 3908)

DESCRIPTION Demolition of exisitng structures, tree removal and construction of a 60 place childcare centre with basement parking.

REFERENCE DA/669/2022 - D09003094

APPLICANT/S Mr D X Chen

OWNERS Ms J X Lin & Mr D X Chen

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 24 OCTOBER 2023

REASON FOR REFERRAL TO LPP

The development application is being referred to the Parramatta Local Planning Panel as more than 10 submissions were received.

EXECUTIVE SUMMARY

Development Application DA/669/2022 was lodged on 26 August 2022 for the ‘Demolition of existing structures, tree removal and construction of a 60 place childcare centre with basement parking’ on land at 67 Kent Street, Epping. Associated civil engineering, earthworks and landscaping is also proposed.

In accordance with the City of Parramatta Consolidated Notification Plan, the application was notified and advertised 6 September 2022 to 27 September 2022. In response, 11 submissions were received.

Key concerns raised in the submissions are as follows:

· Traffic and parking issues.

· Structural integrity of neighbouring properties.

· Overdevelopment of the site.

· Residential quality of life.

In accordance with the Environmental Planning and Assessment Act 1979, Section 9.1 – Directions by the Minister, this application is reported to the Parramatta Local Planning Panel for determination as the proposed development received more than 10 submissions.

Section 4.15 Assessment 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.

The proposed use of the subject site as a Centre Based Child Care Facility is permitted with consent pursuant to the provisions of Parramatta Local Environmental Plan 2011.

The application was referred to a number of internal stakeholders, including the following:

· Development Engineer;

· Landscape Officer;

· Transport and Traffic Officer;

· Environmental Health Officer (Food);

· Environmental Health Officer (Acoustic);

· Environmental Health Officer (Waste); and

· Environmental Health Officer (Contamination).

All referrals were returned with no objections raised, subject to the imposition of conditions of consent.

The proposal is not considered to have any other impacts to the surrounding amenity of the locality. The proposed development is appropriately located and is compliant with the provisions of Parramatta LEP 2011 and Parramatta DCP 2011. The design of the building is considered to be acceptable as it is compatible with the surrounding residential nature of the locality.

Having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is recommended Development Application No. DA/669/2022 be approved.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, approve the development consent to DA/669/2022 for ‘demolition of existing structures, tree removal and construction of a 60 place childcare centre basement parking’ on land at 67 Kent Street, Epping.

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

REASONS FOR APPROVAL

1. The development is permissible in the R2 Low Density Residential zone pursuant to Parramatta Local Environmental Plan 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 residents.

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 R2 Low Density Residential zone.

6. For the reasons given above, approval of the application is in the public interest.

Darren Wan

Senior Development Assessment Officer

Attachments:

1 ⇩	Locality Map	1 Page
2 ⇩	Assessment Report and Conditions	51 Pages
3 ⇩	Plans used for assessment	10 Pages

Local Planning Panel 21 November 2023 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT PUBLIC MEETING: 68 Kirby St, RYDALMERE NSW 2116 (LOT 1 DP 27956)

DESCRIPTION Demolition, tree removal and construction of a two storey, 66 place childcare centre with basement parking for 16 vehicles.

REFERENCE DA/295/2023 - D09153830

APPLICANT/S ArtMade Architects

OWNERS Rydalmere Group Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 2 November 2023

REASON FOR REFERRAL TO LPP

The application involves a contentious development, receiving 28 out of 29 unique submissions by way of objection.

EXECUTIVE SUMMARY

Development application DA/295/2023 was lodged on 27 May 2023 seeking approval for the demolition of existing structures, tree removal, construction of a three-storey, 66-place centre-based child care facility at 68 Kirby Street, Rydalmere.

The site is zoned R2 Low Density Residential. The immediate locality is predominantly zoned R2 Low Density Residential with pockets of RE1 Public Recreation and E4 General Industrial. A waterway zoned W1 Natural Waterways and conservation area zoned C2 Environmental Conservation lining up the edges of the waterway are located less than 100m to the west.

The proposed development, being a centre-based child care facility, is permitted with consent in the zone.

The application was notified in accordance with Council’s Consolidated Notification Requirements from 6 June 2023 to 27 June 2023. Council received 29 submissions, 28 of these submissions are objection to the proposal and one in support. Key concerns raised in the submissions are as follows:

· Traffic and parking

· Safety – Accident Prone Corner

· Noise

· Scale – Overdevelopment

· Out of Character

· Concern regarding property values

· Staffing of the proposed centre

· Services

· Non-compliance with CCC Guidelines etc

On 21 June, an additional information request letter was issued to the applicant, raising the following concerns:

· Unencumbered outdoor play area deficiency

· Non-compliance with the Design Quality Principles

· Non-compliance with matters for consideration under Part 3 of the Child Care Planning Guideline, specifically – C5, C13 and C14

· Non-compliance with the Parramatta LEP 2023 FSR development standard

· Accessibility

· Stormwater, including Water Sensitive Urban Design

· Traffic

· Noise

On 4 September 2023, the proponent commenced Class 1 proceedings in the Land and Environment Court against the deemed refusal of the application. Nonetheless, a review of the submitted plans and documentation was undertaken. The assessment of the submitted plans and documents is detailed in the assessment section of this report.

Section 4.15 Assessment 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.

The proposed development is recommended for refusal. The proposed development has failed to satisfy relevant State and local development standards and controls, including the Child Care Planning Guideline. The assessment of the application against the relevant standards and controls are demonstrated in the assessment section of the report.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the functions of Council under Section 4.16 of the Environmental Planning and Assessment Act 1979, REFUSE development consent for the reasons stipulated below and in Section 21 Recommendation of the assessment report.

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

REASONS FOR REFUSAL

a) Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal fails to satisfy Section 3.23 of the SEPP as it does not comply with the relevant provisions in the Child Care Planning Guideline, dated October 2021, as follows:

i. Design Principle 1 – Context

ii. Design Principle 2 – Built-Form

iii. Design Principle 3 – Adaptive Learning Spaces

iv. Design Principle 4 – Sustainability

v. Design Principle 6 – Amenity

vi. Design Principle 7 – Safety

vii. Consideration C1 – Amenity

viii. Consideration C2 – Site Suitability

ix. Consideration C5 – Local Character and Streetscape

x. Consideration C11 – Amenity Impacts

xi. Consideration C12 – Scale

xii. Consideration C13 – Front Setback (including Secondary Front Setback)

xiii. Consideration C14 – Side and Rear Setbacks

xiv. Consideration C15 – Secure Access Points

xv. Consideration C16 – Accessibility

xvi. Consideration C21 – Visual Privacy

xvii. Consideration C22 – Acoustic Privacy

xviii. Consideration C23 – Acoustic Report

xix. Consideration C30 – Car Parking Rate

xx. Consideration C32 – Traffic Report

xxi. Consideration C35 – Safety and Connectivity

xxii. Consideration C37 – Car Parking Design

b) Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development fails to satisfy the relevant provisions of the LEP, as follows:

i. Clause 1.2.(2)(k) – that the proposal involves a structure that is not appropriate and not complementary to the low density residential character of the area

ii. Clause 2.3(2) – that the proposal adversely impacts the neighbouring properties with the elevated outdoor play area 2 and full-height windows of indoor play area, raising visual privacy concerns; has a built-form that is not consistent with the low density residential setting of the locality and traffic implications with the inadequate vehicular access in the parking area and the parking shortfall.

iii. Clause 6.2 – that the proposal involves unreasonable 1m fill at the north-western corner of the indoor play area 3, outside the footprint of the basement that would impact the future use and redevelopment of the land as the fill would be the future existing ground level of the land. The fill also promotes overlooking and contributes to the bulk of the development.

c) Pursuant to Section 4.15(1)(a)(iii) 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, as follows:

i. Part 2.4.2 – Water Management – inadequate stormwater management system proposed

ii. Part 2.4.6 – Development on Sloping Land – earthworks proposed, in particular, the fill of 1m at the north-western corner of the facility has not been minimised and that the design has failed to consider the topography of the land

iii. Part 2.4.8 – Public Domain – the proposal has failed to give regard to the proposed development’s interface with the public domain

iv. Part 3.2.1 – Building Form and Massing – the proposed development’s three-storey building and non-compliant rear and secondary street front setbacks present unacceptable bulk and scale that is not consistent with the existing and desired future character of the locality

v. Part 3.2.2. – Building Façade and Articulation - the proposed façade, in particular the secondary street front, presents an appearance of a multi-dwelling housing development (townhouse) with the vertical feature walls that provide an illusion of having at least three separate tenancies

vi. Part 3.2.3 – Roof Design – the proposed roof does not allow for an effective transition of roof forms with the roof forms of neighbouring properties

vii. Part 3.2.5 – Streetscape – the proposal has failed to be designed with regard to the character of the low density residential setting of the area and that the non-compliant secondary street front setback is not consistent with the established streetscape

viii. Part 3.2.6 – Fences – the proposed balustrades on the outdoor play areas fronting the secondary street that act as the boundary fence will have a height that is more than 1.8m

ix. Part 3.3.3. – Visual and Acoustic Privacy – the levels of the outdoor play area 2 and indoor play area 3, raised by at least 1m off the ground, present unreasonable visual privacy concerns onto the western and northern neighbours; the proposed acoustic privacy measures are not acceptable, in particular the clear acoustic fencing on the western edge of the outdoor play area, encouraging overlooking

x. Part 3.3.6 – Water Sensitive Urban Design – that the proposal has failed to satisfy Council’s stormwater management system controls with inadequate design

xi. Part 3.3.7 – Waste Management – that the proposal has failed to satisfy Council’s waste management requirements due to the inadequate maneouvering and driveway grade for service vehicles

xii. Part 3.4.2 – Access for People with Disabilities – that the proposal has failed to address accessibility within the facility with inadequate documentation

xiii. Part 3.4.4 – Safety and Security – that the proposed pedestrian access points off Acacia Street do not have connected pedestrian pathway within Council verge

xiv. Part 3.6.2 – Parking and Vehicular Access – that the proposal has failed to provide adequate car parking within the site

b. Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, the proposal will have adverse impacts on to the natural and built environment with the excessive built-form, non-compliant rear and secondary street front setbacks

c. Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, the proposal will have adverse social impacts due to the following:

i. Inadequate parking spaces on the site that would have traffic implications

ii. Visual privacy concerns to the western and northern neighbours due to the elevated outdoor play area 2 and indoor play area 3

d. Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the site is not considered suitable for the proposed development due to the following:

i. As the proposed number of children to be given care in the facility drives the requirement to have a lower ground level that protrudes by at least 1m off the ground, consequently raising the levels of outdoor play area 2 and indoor play area 3

ii. The location of the site and the secondary street being a cul-de-sac does not allow vehicle parking shortfall and that surrounding road networks are not able to accommodate on-street parking

e. Pursuant to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposal is not in the public interest due to the following:

i. The non-compliance with the relevant provisions in the SEPP (Transport & Infrastructure) 2021, referencing the Child Care Planning Guideline, Parramatta LEP 2023 and Parramatta DCP 2011, demonstrates that the proposed development is not in the public interest

ii. The proposal does not satisfy the objectives of the zone and the Child Care Planning Guideline, referenced in the SEPP (Transport & Infrastructure) 2021

iii. The proposal received 28 objections from the community

Patrick Santos

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	46 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	24 Pages
4 ⇩	Internal plans used during assessment	4 Pages
5 ⇩	Site Photos	23 Pages
6 ⇩	Overlaid Plans - Basement X Ground Floor X Survey	1 Page

REFERENCE MATERIAL

Local Planning Panel 21 November 2023 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT PUBLIC MEETING: 23 King Street, DUNDAS 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 - D09164185

APPLICANT/S ArtMade Architects

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

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Deferred Commencement Approval

DATE OF REPORT 18 OCTOBER 2023

REASON FOR REFERRAL TO LPP

This development application is being referred to Parramatta Local Planning Panel because it has 21 submissions.

EXECUTIVE SUMMARY

Council provided the original assessment report to the Parramatta Local Planning Panel, which was considered at the public meeting of 17 August 2023.

The application proposed 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, on land at 23 King Street, Dundas Valley.

The application was originally recommended for deferred commencement approval as it was considered that the proposal satisfied the relevant matters for consideration under s4.15 of the Environmental Planning and Assessment Act 1979.

At the Parramatta Local Planning Panel meeting, the Panel deferred the determination of the application for the following reasons:

· 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 2011.

The purpose of this report is to supplement the original assessment by addressing the above matters raised by the Panel.

Following the deferral, the applicant has provided the following plans and documents at the request of PLPP:

· An updated Survey Plan.

· Updated Shadow Diagram and Solar Calculation.

· Supplementary Traffic Statement.

The updated documentation did not necessitate any design changes to the proposal as originally presented to PLPP.

The assessment undertaken determines that the submitted supplementary plans and documentation adequately address the Panel’s concerns and that the revised proposal can still be supported by way of a recommendation of deferred commencement approval, subject to the imposition of the conditions of consent attached to this report.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, provide a deferred commencement approval to development consent to DA/834/2022 for ‘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’ on land at 23 King Street, Dundas Valley.

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

REASONS FOR APPROVAL

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 residents.

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 R2 Low Density Residential zone.

6. For the reasons given above, approval of the application is in the public interest.

Darren Wan

Senior Development Assessment Officer

Attachments:

1 ⇩	Locality Map	1 Page
2 ⇩	Assessment Report and Conditions	48 Pages
3 ⇩	Architectural Plans used for assessment	5 Pages
4 ⇩	Addendum Report	3 Pages
5 ⇩	Supplementary Traffic statement	15 Pages
6 ⇩	Updated Shadow Diagrams & Solar Calculations	2 Pages

REFERENCE MATERIAL

Local Planning Panel 21 November 2023 Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER 5.4

SUBJECT OUTSIDE PUBLIC MEETING: 150 - 152 Briens Road, NORTHMEAD NSW 2152 (Lot 11 DP 1160038)

DESCRIPTION Construction and use of multi-unit industrial warehouse and ancillary offices, storage premises, carparking & signage. The application is Nominated Integrated Development under the Water Management Act 2000.

REFERENCE DA/19/2023 - D09179630

APPLICANT/S Hannas Contrcting Services Pty Ltd

OWNERS Briens River Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 24 October 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 site is known as 150-152 Briens Road, Northmead and is legally described as Lot 111 in Deposited Plan 1160038. The site is irregular in shape, having a frontage of 103.9 metres to Briens Road, and a frontage of 84.4 metres to Mons Road, having a total area of 6,490m2.

Vehicular access to the site is currently obtained from Briens Road. The site is currently vacant. There is a substation along the Briens Road frontage. It is located within an established industrial area characterised by various industrial uses. The Westmead Hospital Precinct is located to the south across Toongabbie Creek.

The Proposal

Consent is sought for the following:

· Construction and use of a new two storey plus basement warehouse building comprising:

o Basement parking and storage premises

o Seventeen (17) ground floor industrial warehouse units with mezzanine office spaces and associated parking; and

o Seventeen (17) first floor industrial warehouse units with mezzanine office spaces and associated car parking

· Associated infrastructure services.

· Associated vehicular access from Briens Road and car parking for 59 vehicles: and

· Tree removal, landscaping, perimeter fencing, and signage.

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 24 January and 22 February 2023. As a result of the notification period, no submissions were received.

Assessment

The site is zoned IN1 General Industrial with pockets of the site zoned SP2 Infrastructure. The proposed development is contained within the areas zoned IN1 General Industrial. The proposed development is defined as “warehouse” and is 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 (Industry and Employment) 2021, SEPP BASIX and Paramatta LEP 2011, as well as Paramatta DCP 2011.

Key Issues

The topography of the site falls towards the reserve to the rear. To accommodate an appropriate building platform and for a transition throughout the built form, the development seeks to vary the maximum height applicable to the site by 2.59m or a departure of 21.5%. The impacts of the variation are discussed in the attached assessment report and is acceptable, having regard to the objectives of the standard and the zoning of the site.

Similarly, due to storage areas in the basement where it is located more than 1.1m above Natural Ground Level, a departure to the maximum Floor Space Ratio for the site is sought. The variation is a 2.5% departure to the standard and is considered minor in this regard. Given the minor nature of the departure, impacts on bulk and scale, density, presentation on the streetscape and potential traffic generation is negligible.

As a result, the proposal is 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 a classified road. TfNSW reviewed the proposal and raised no objections, subject to conditions of consent. The application was also reviewed by WaterNSW and upon review noted that no further investigations were required.

After consideration of the development against the relevant statutory and policy provisions, the proposal is suitable for the site and is in the public interest.

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, grant consent via a deferred commencement to DA/19/2023 subject to the conditions of consent in Attachment 2.

Denise Fernandez

Senior Development Assessment Officer

Attachments:

1 ⇩	Section 4.15 Assessment Report	72 Pages
2 ⇩	Draft Conditions of Consent	34 Pages
3 ⇩	Locality Plan	1 Page
4 ⇩	Plans used in Assessment	20 Pages

REFERENCE MATERIAL