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MINUTES

 


Parramatta Local Planning Panel

Wednesday, 19 December 2023

3.30pm

 

 

 

 

 

 

Level 3, PHIVE

Parramatta Square, Parramatta

 

 

 

 

 

 

 

 

 

PANEL MEMBERS

 

Stephen O’Connor (Chairperson)

Lindsay Fletcher (Expert Member)

Tony Reed (Expert Member)

Anne Smith (Community Member)

 

STAFF MEMBERS

 

Development Assessment Manager – Claire Stephens, Development Assessment Officer – Caitlin Hooper, Team Leader Development Assessment – Denise Fernandez, Team Leader Development Assessment – Jonathan Cleary, Team Leader Development Assessment – Alice Hunter, Team Leader Development Assessment – Sara Smith, Senior Development Officer - George Anderson; Business Governance Officer - Neeli Sharma (Minute Taker)

 

1.     ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND

 

The Chairperson acknowledged the Burramattagal people of The Dharug Nation as the traditional land owners of land in Parramatta and paid respect to their ancient culture and to their elders past, present and emerging.

 

2.     WEBCASTING ANNOUNCEMENT

The Chairperson advised that this public meeting is being recorded. The recording will be archived and made available on Council’s website.

 

3.     APOLOGIES

 

There were no apologies made to this Local Planning Panel.

 

4.     DECLARATIONS OF INTEREST

 

There were no declarations of interest made to this Local Planning Panel.

 

4A.   PUBLIC SPEAKERS

 

The meeting commenced at 3.30pm. The Chair invited registered speakers to address the Parramatta Local Planning Panel (‘the Panel’) on the items listed below:

 

Speaker

Item number

Title

No Speakers

Item 5.1

140 Alfred Street, Harris Park NSW 2150

Speaker 1 – confidential

Item 5.2

1 Tracey Avenue, Carlingford NSW 2118

James Zhao – no show

Item 5.2

1 Tracey Avenue, Carlingford NSW 2118

Krupa Bhagani

Item 5.2

1 Tracey Avenue, Carlingford NSW 2118

Graziano Maffina

Item 5.3

5 Mary Street, Northmead NSW 2152

Charlie Bednarek

Item 5.3

5 Mary Street, Northmead NSW 2152

Michael Foreman – no show

Item 5.3

5 Mary Street, Northmead NSW 2152

No Speakers

Item 5.4

5 Boundary Street, Granville NSW 2142

 

The public speakers concluded at 3.44pm and the Panel proceeded into Closed Session to deliberate on the items listed below.

 

5.     Reports - development applications

 

5.1

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

 

(Report of Senior Development Officer)

 

 

PANEL DECISION

 

1. 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, APPROVED 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.

 

2. The Parramatta Local Planning Panel, exercising the functions of Council under section 4.16 of the Environmental Planning and Assessment Act 1979, GRANTS development consent to DA/405/2023 for construction of a dwelling including a flood refuse facility subject to the conditions of consent in Attachment 1 with the following two conditions being modified as follows:

 

Condition 18

Plans shall be amended to the Shelter in Place facility to be large enough to accommodate 4 people, being no smaller than 24.6m2 (inclusive of the toilet area) and suitably design and equipped with services such as drinking water, toilet and other provisions for a stay by all occupants for up to 72 hours.

 

Condition 47

Prior to the issue of the Occupation Certificate, the applicant must create restrictions on the title of the subject property as follows:

a)  A restriction that highlights the 100-year ARI flood zone identified in the floor report prepared by BMB Engineering, project No. FSR1961/022, issue V1, dated 05/04/2023 preventing the placement of any structures, walls, fences, fill or other items which may impede the 100 year ARI flood, within the identified zone; and

b)  A restriction on the use of the Shelter In Place above the PMF located within the building. The Shelter In Place must be kept free of impediments for use as a Shelter In Place during a flood event.

 

City of Parramatta Council is to be the Authority whose consent is required to release, vary or modify these restrictions.

 

 

 

REASONS

 

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.

 

 

VOTING

Unanimous

 

5.2

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

 

(Report of Senior Development Officer)

 

 

PANEL DECISION

 

1. The Parramatta Local Planning Panel (PLPP), exercising the functions of Council, REFUSES 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.

 

2. The submitters are to be advised of the decision.

 

REASONS

 

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 of the State Environmental Planning Policy (Resilience and Hazards) 2021- Chapter 4.

 

2. The proposal does not comply with the requirements of 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.

 

4. 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

 

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.

 

 

VOTING

Unanimous

 

5.3

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

 

(Report of Executive Planner)      

 

 

PANEL DECISION

 

1. The Parramatta Local Planning Panel, exercising the functions of Council under section 4.16 of the Environmental Planning and Assessment Act 1979, REFUSES 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.

 

2. The submitters are to be advised of the decision.

 

REASONS

 

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 of the State Environmental Planning Policy (Resilience and Hazards) 2021- Chapter 4.

 

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.

 

 

VOTING

Unanimous

 

 

5.4

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

 

(Report of Senior Development Officer)

 

 

PANEL DECISION

 

1. The Parramatta Local Planning Panel, exercising the functions of Council under section 4.16 of the Environmental Planning and Assessment Act 1979, GRANTS development consent for DA/959/2022 for the demolition, tree removal and construction of a four-storey residential flat building compromising 7 dwellings and basement parking subject to the conditions in Attachment 1 modified as follows:

 

Conditions 44 and 67 to be deleted and accordingly renumbering of the conditions is required.

 

REASONS

 

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.  

 

 

VOTING

Unanimous

 

 

The meeting terminated at 4.12pm.

 

 

 

Chairperson