Agenda of Local Planning Panel - Tuesday, 19 December 2023

Local Planning Panel 19 December 2023 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT OUTSIDE PUBLIC MEETING:140 Alfred Street, HARRIS PARK NSW 2150 (LOT 22 DP 16064)

DESCRIPTION Construction of new single storey residential dwelling with included attic. Demolition will be under a separate application.

REFERENCE DA/405/2023 - D09156458

APPLICANT/S McDonald Jones Homes

OWNERS Ms L T Roumanous

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 22 November 2023

REASON FOR REFERRAL TO LPP

The proposal includes a variation to Clause 4.3 of the Parramatta LEP 2011 concerning building height. Given the proposal has a top of roof level of RL12.505 AHD, the proposal exceeds the maximum height permissible on the site (RL11m) by 1.505m or 13.68%.

EXECUTIVE SUMMARY

The Development Application, DA/405/2023 was lodged to Council on the 17 July 2023 for the construction of new single storey residential dwelling with included attic on land at 140 Alfred Street, Harris Park.

The site and surrounding properties are zoned R3 Medium Density Residential. The subject site is located within an established residential area characterised by single storey residential dwellings and currently accommodates a vacant lot.

In accordance with the Parramatta Consolidated Notification Procedures, the Development Application was notified from the 17 July 2023 and 31 July 2023. In response no (0) submissions were received.

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 exceeds the maximum permissible building height by 1.505mwhich is a 13.7% variation to the development standard. The extent of the variation to the RL11m height control applies to the attic addition proposed towards the rear of the dwelling to meet the flooding requirements of the site and provide refuge above the PMF level.

Given that the proposal remains predominately single storey with the exception of the attic space, the proposal is considered to appropriately mitigate visual bulk and scale towards surrounding areas. The proposal also reasonably responds to the land constraints that exist and are unique to the site within the streetscape context. In this instance it would be considered unreasonable to enforce numerical compliance and the proposal as a whole is considered to be acceptable.

Having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is recommended Development Application DA/405/2023 be approved.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, following consideration of written request from the applicant, made under cl 4.6 (3) of the Parramatta Local Environmental Plan 2011, approve a variation to cl. 4.3 (height of buildings) as:

a) compliance with cl 4.3 (height of buildings) is unreasonable or unnecessary in the circumstances.

b) there are sufficient environmental planning grounds to justify contravening the development standards.

c) the applicant’s written request adequately address the matters required to be addressed under cl 4.6 (3) of the LEP; and

d) the development is in the public interest because it is consistent with the objectives of cl 4.3 (height of buildings) of the LEP and the objectives for development in the R3 Medium Density Residential zone; and

e) the concurrence of the secretary has been assumed.

(b) That the Parramatta Local Planning Panel, exercising the functions of Council under section 4.16 of the Environmental Planning and Assessment Act 1979, APPROVE development consent subject to the conditions of consent in Attachment 1.

REASONS FOR APPROVAL

1. The development is permissible in the R3 Medium Density Residential zone pursuant to the Parramatta Local Environmental 2023 and satisfies the requirements of all applicable planning standards controls.

2. The development will be compatible with the emerging and planned future character of the area.

3. The development will provide housing that accommodates the needs of the existing and future residents of Parramatta.

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

Caitlin Hopper

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report and Draft Conditions	47 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Zoning Map	1 Page
4 ⇩	Plans used during assessment	9 Pages
5	Internal plans used during assessment (confidential)	3 Pages
6 ⇩	Clause 4.6 Statement	9 Pages
7 ⇩	Flood Impact Assessment Report	56 Pages

REFERENCE MATERIAL

Local Planning Panel 19 December 2023 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT PUBLIC MEETING: 1 Tracey Avenue, CARLINGFORD NSW 2118 (Lots 26 DP 225990)

DESCRIPTION Demolition of existing structures, tree removal and construction of a 74 place two-storey childcare centre over basement parking.

REFERENCE DA/424/2023 - D09217911

APPLICANT/S Design & Building Group Pty Ltd

OWNERS 1Tracey Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 14 November 2023

REASON FOR REFERRAL TO LPP

Development applications that receive 10 or more unique submissions during the notification period are to be determined by the Parramatta Local Planning Panel (PLPP).

EXECUTIVE SUMMARY

The subject site is located on the corner of Murray Farm Road and Tracey Avenue and is known as 1 Tracey Avenue, Carlingford. The legal description of the site is Lot 26 DP 225990. The subject site is located on a rectangular shaped corner allotment to Tracey Avenue and Murray Farm Road.

The application seeks approval for demolition of existing structures, tree removal and construction of a 74 place two-storey childcare centre over basement parking.

Council has received notice that the applicant has lodged a Deemed Refusal Appeal with the Land and Environment Court on 23 October 2023.

The applicant lodged a deemed refusal prior to the issue of a request for additional information by Council.

The issues with the current proposal arise from the provision or required areas for built form, bulk and scale, accessibility, deep soil, streetscape and character, fencing, pedestrian safety, unencumbered outdoor and indoor play space area, soil assessment, shade, premises facilitating supervision, landscaping, amenity, parking, stormwater, contamination and acoustics.

The proposal does not demonstrate reasonable compliance with the statutory requirements with variation to some controls in the Child Care Planning Guidelines 2021 and the current DCP that cannot be supported.

The application was notified/advertised and received thirty (30) unique submissions within the notification period. The issues raised related to traffic movement and congestion, amenity, safety, and security, overshadowing, privacy and acoustic. A petition with twenty-seven signatures was lodged in support of the proposal.

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/424/2023 be refused.

In its context this development proposal is not able to be supported in terms of the development’s context, function, environmental impacts and overall lack of public benefit.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel (PLPP), exercising the functions of Council, to refuse development consent to DA/424/2023 for Demolition of existing structures, tree removal and construction of a 74 place two-storey childcare centre over basement parking at 1 Tracey Avenue, Carlingford.

(b) That submitters are advised of the decision.

REASONS FOR REFUSAL

1. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with the requirements to the following clauses of the State Environmental Planning Policy (Resilience and Hazards) 2021- Chapter 4.

2. State Environmental Planning Policy (Transport and Infrastructure) 2021 Chapter 3 - Educational Establishments and Child Care Facilities:

a) 3.22 Concurrence of the Regulatory Authority

b) 3.23 Centre-based child care facility-matters for consideration by consent authorities

c) 3.26 Non – Discretionary Development Standards

3. The proposed development is inconsistent with the following under the Child Care Planning Guideline:

· Childcare Planning Guidelines Part 2 – Design Quality Principles

· Childcare Planning Guidelines Part 3.1 Site selection and location

· Childcare Planning Guidelines Part 3.2 Local character, streetscape and the public domain interface

· Childcare Planning Guidelines Part 3.3 Building orientation, envelope and design

· Childcare Planning Guidelines Part 3.4 Landscaping

· Childcare Planning Guidelines Part 3.5 – Visual & Acoustic Privacy

· Childcare Planning Guidelines Part 3.8 Traffic, Parking and Pedestrian Circulation

· Education and Care Services National Regulations Part 4.1 Indoor space requirements

· Education and Care Services National Part 4.7 Premises designed to facilitate supervision

· Education and Care Services National Regulations Part 4.9 Outdoor space requirements

· Education and Care Services National Regulations Part 4.10 Natural environment

· Education and Care Services National Regulations Part 4.11 Shade

· Education and Care Services National Regulations – 25 Education and Care Services National Regulations - Part 4.13 Soil Assessment

a) The Hills Development Control Plan 2012

The proposed development is inconsistent with the following provisions of the Hills Development Control Plan 2012:

i. Part B, Section 2.4 Site analysis,

ii. Part B, Section 2.5 Streetscape & character,

iii. Part B, Section 2.12 Stormwater Management,

iv. Part B, Section 2.14.1 Rear Setback,

v. Part B, Section 2.14.5 Landscaping,

vi. Part B, Section 2.14.14 Car Parking and Vehicular access,

vii.Part B, Section 2.15 Fencing

viii.Part B Section 2.34 Centre Based Child Care Facilities – Additional Controls

ix. Part C, Section 2.1.1 Parking,

x. Part C, Section 2.7.3 Pedestrian Circulation and Safety,

xi. Part C, Section 2.8 Landscaping,

xii.Part C, Section 3.1 Landscaping

b) In accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposal does not comply the following parts of The Hills Development Control Plan 2012.

c) In accordance with Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the proposal is not suitable for the site.

d) In accordance with Section 4.15 (1)(d) of the Environmental Planning and Assessment Act 1979, the submissions relating to the proposal were taken into consideration.

e) In accordance with Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposal is not in the public interest.

George Anderson

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	36 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Architectural Plans used during assessment	11 Pages
4 ⇩	Landscape Plans used during assessment	6 Pages
5 ⇩	Site Survey used during assessment	1 Page
6 ⇩	Civil Plans used during assessment	5 Pages
7 ⇩	Statement of Environmental Effects=	60 Pages
8 ⇩	Acoustic Impact Assessment	32 Pages
9 ⇩	Waste Management Plan	7 Pages
10 ⇩	Contamination Report	186 Pages
11 ⇩	Arboricultural Impact Assessment	25 Pages
12 ⇩	Traffic Impact Assessment	33 Pages
13 ⇩	Accessibility Design Report	16 Pages
14 ⇩	Plan of Management	9 Pages
15 ⇩	Endeavour Energy Comments	11 Pages
16 ⇩	Sydney Water Corporation Response	5 Pages

Local Planning Panel 19 December 2023 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT PUBLIC MEETING: 5 Mary Street, NORTHMEAD NSW 2152 (Lot 43 DP 8884)

DESCRIPTION Demolition of existing structures, tree removal and construction of a part 2 and part 3 storey, 90 place Childcare Facility.

REFERENCE DA/517/2023 - D09217928

APPLICANT/S Janssen Group Pty Ltd

OWNERS Mr J P Maffina

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 14 November 2023

REASON FOR REFERRAL TO LPP

In accordance to City of Parramatta’s Development & Traffic Services Business Rules October 2020, development applications that receive 10 or more unique submissions during the notification period are to be determined by the Parramatta Local Planning Panel (PLPP).

EXECUTIVE SUMMARY

The subject site is located on a rectangular shaped lot on the northern side of Mary Street and is known as 5 Mary Street, Northmead. The legal description of the site is Lot 43 DP 8884. The application seeks approval for demolition of existing structures, tree removal and construction of a 90 place two-storey childcare centre over basement parking.

Council has received notice that the applicant has lodged a Deemed Refusal Appeal with the Land and Environment Court on 27 October 2023.

The applicant lodged a deemed refusal prior to the issue of a request for additional information by Council.

The issues with the current proposal arise from the provision or required areas for built form, bulk and scale, deep soil, site coverage, landscaping, amenity, parking, stormwater and acoustics.

The application was notified/advertised and received twenty-five (25) unique submissions with one (1) petition including forty-seven (47) signatures of objection. The issues raised related to traffic movement and congestion, safety/hazards for children and pedestrians, parking and site capacity, views, overshadowing, privacy concerns, accessibility, noise disturbance, impact on infrastructure, saturation of child care centres, bulk and scale, excavation, construction noise, character of the area and heritage in the surrounding locality.

Having regard to matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is recommended Development Application No. DA/517/2023 be refused.

In its context this development proposal is not able to be supported in terms of the development’s context, function, environmental impacts and overall lack of public benefit.

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 DA/517/2023 for the Demolition of all structures, tree removal and construction of a 90 place two-storey childcare centre over basement parking on land at 5 Mary Street, Northmead.

(b) That submitters are advised of the decision.

REASONS FOR REFUSAL

2. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with the requirements to the following clauses of the State Environmental Planning Policy (Transport and Infrastructure) 2021 Chapter 3 - Educational Establishments and Child Care Facilities:

· 3.26 Non-Discretionary Development Standards

· Childcare Planning Guidelines Part 2 – Design Quality Principles

· Childcare Planning Guidelines Part 3.1 Site selection and location

· Childcare Planning Guidelines Part 3.2 Local character, streetscape and the public domain interface

· Childcare Planning Guidelines Part 3.3 Building orientation, envelope and design

· Childcare Planning Guidelines Part 3.4 Landscaping

· Childcare Planning Guidelines Part 3.8 Traffic, Parking and Pedestrian Circulation

· Education and Care Services National Regulations Part 4.1 Indoor space requirements

· Education and Care Services National Regulations Part 4.2 Laundry and hygiene facilities

· Education and Care Services National Regulations Part 4.3 Toilet and hygiene facilities

· Education and Care Services National Regulations Part 4.7 Premises designed to facilitate supervision

· Education and Care Services National Regulations Part 4.8 Emergency and Evacuation Procedures

· Education and Care Services National Regulations Part 4.9 Outdoor space requirements

· Education and Care Services National Regulations Part 4.10 Natural environment

· Education and Care Services National Regulations Part 4.11 Shade

· Education and Care Services National Regulations – 25 Education and Care Services National Regulations – Part 4.13 Soil Assessment

3. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with the requirements to the following clauses of the Parramatta Local Environmental Plan 2023:

a) Clause 1.2 Aims of Plan

b) The proposed development exceeds the prescribed maximum height of building of 9 metres. No clause 4.6 objection has been lodged.

c) Clause 6.2 Earthworks: The development proposes excessive excavation on site that impacts on the amenity of neighbouring properties.

4. In accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposal does not comply the following parts of The Hills Development Control Plan 2012:

a) Part B, Section 2.4 Site analysis,

b) Part B, Section 2.5 Streetscape & character,

c) Part B, Section 2.12 Stormwater Management,

d) Part B, Section 2.14.2 Site coverage,

e) Part B, Section 2.14.3 Building Height

f) Part B, Section 2.14.5 Landscaping,

g) Part B, Section 2.14.7 Cut and Fill,

h) Part B, Section 2.14.8 Building Materials,

i) Part B, Section 2.14.10 Solar Access

j) Part B, Section 2.14.14 Car Parking and Vehicular access,

k) Part B, Section 2.16 Waste Management

l) Part B Section 2.34 Centre Based Child Care Facilities – Additional Controls

m) Part C, Section 2.1.1 General (Parking),

n) Part C, Section 3.1 Landscaping

5. In accordance with Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the proposal is not suitable for the site.

6. In accordance with Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposal is not in the public interest.

7. Pursuant to Section 4.15(1)(b) and (c) of the Environmental Planning and Assessment Act 1979, an Operational Plan of Management has been submitted however lacks detail and a sufficient detailed evacuation management plan has not been submitted and therefore the potential impacts of the development proposal onto the surrounding properties cannot be adequately assessed.

George Anderson

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	42 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Architectural Plans	14 Pages
4 ⇩	Landscape Plans	5 Pages
5 ⇩	Site Survey	1 Page
6 ⇩	Civil Plans	4 Pages
7 ⇩	Statement of Environmental Effects	73 Pages
8 ⇩	Acoustic Report	58 Pages
9 ⇩	Waste Management Plan	10 Pages
10 ⇩	Preliminary Site Investigation Report	100 Pages
11 ⇩	Endeavour Energy Response	9 Pages
12 ⇩	Traffic and Parking Impact Assessment	67 Pages
13 ⇩	Accessibility Report	26 Pages
14 ⇩	Plan of Management Report	8 Pages

Item 5.3 - Attachment 7

Statement of Environmental Effects

PDF Creator

Local Planning Panel 19 December 2023 Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER 5.4

SUBJECT OUTSIDE PUBLIC MEETING: 5 Boundary Street, GRANVILLE NSW 2142 (Lot 8 DP 939772)

DESCRIPTION Demolition, tree removal and construction of a 4 storey residential flat building comprising 8 units with basement parking for 9 vehicles.

REFERENCE DA/959/2022 - D09220902

APPLICANT/S Ms A Ingleton

OWNERS Mrs N Khouri

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 30 nOVEMBER 2023

REASON FOR REFERRAL TO LPP

The proposal is referred to the Parramatta Local Planning Panel due being a sensitive use, a Residential Flat Building of 4 or more storeys.

EXECUTIVE SUMMARY

Development Application DA/959/2022 was lodged on 13 September 2022 for a 4 storey residential flat building containing 7 units and basement parking.

The subject site is legally described as Lot 8 DP 939772 and commonly known as 5 Boundary Street, Granville and has an approximate area of 696.8m2.

The proposed residential flat building is located in an R4 zone on an isolated site. Attempts to amalgamate the site were made, however proved unsuccessful.

In accordance with the Parramatta Notification Plan, the Development Application was notified and advertised between 16 December 2022 to 11 January 2023. No submissions were received. Following amendments to the proposal, the application was re-notified between 1 September and 22 September 2023. No submissions were received.

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 Council’s engineering and landscaping departments has not identified any fundamental issues of concern.

The proposal demonstrates reasonable compliance with the statutory requirements with minor or acceptable variations to some controls contained within the Development Control Plan (DCP) and Apartment Design Guide (ADG) that can be supported.

Having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act, it is recommended Development Application No. DA/959/2022 be approved.

In its context, this development proposal is able to be supported in terms of the development’s broader strategic context, function and overall public benefits.

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, APPROVE development consent subject to the conditions in Attachment 1.

REASONS FOR APPROVAL

1. The development is permissible in the R4 zone pursuant to the Parramatta Local Environmental 2011 and State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development 2002 and satisfies the requirements of all applicable planning standards controls.

2. The development will be compatible with the emerging and planned future character of the area.

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

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

Denise Fernandez

Senior Development Assessment Officer

Susmita Thapa

Development Support Officer

Attachments:

1 ⇩	Assessment Report and Draft Conditions	57 Pages
2 ⇩	Locality map	1 Page
3 ⇩	Plans Used Dureing Assessment	25 Pages
4	Internal Plans Used During Assessment (confidential)	12 Pages

REFERENCE MATERIAL