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PANEL
DECISION
(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 following reasons :
(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 State
Environmental Planning Policy (Transport and Infrastructure) 2021 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
viii.
. Consideration C5 – Local Character
and Streetscape
ix.
Consideration C11 – Amenity Impacts
x.
Consideration C12 – Scale xii.
Consideration C13 – Front Setback (including Secondary Front Setback)
xi.
Consideration C14 – Side and Rear
Setbacks
xii.
Consideration C15 – Secure Access
Points xv. Consideration C16 – Accessibility xvi. Consideration C21
– Visual Privacy
xiii.
Consideration C22 – Acoustic Privacy
xiv.
Consideration C23 – Acoustic
Report
xv.
Consideration C30 – Car Parking Rate
xvi.
Consideration C32 – Traffic Report
xvii.
. Consideration C35 – Safety and
Connectivity
xviii. 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 manoeuvring 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.
(b) THAT
submitters are advised of the decision.
VOTING
Unanimous
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