MINUTES

Parramatta Local Planning Panel

Electronic Determination

Wednesday, 20 December 2023

Via MS Teams Channel

PANEL MEMBERS

Stephen O’Connor (Chairperson)

Robert Hussey (Expert Member)

Ian Gilbertson (Community Member)

STAFF MEMBERS AND ADVISORS

Advisor - Julie Walsh, Legal Support Officer - Christine Treadgold, 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 meeting was not livestreamed. The Chair commenced the meeting at 9.54am.

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

There were no public speakers at this meeting.

5.     Confidential Matters

5.1

SUBJECT Confidential - Land and Environment Court proceedings - 73 Murray Farm Road Carlingford (Report of Group Manager Development and Traffic Services)

DETERMINATION That delegation be granted to the Chief Executive Officer of the City of Parramatta Council who in turn may sub-delegate to Council Officers nominated by the Chief Executive Officer, to negotiate and enter into an Agreement, with the Applicant pursuant to section 34 of the Land and Environment Court Act, on the basis of the set of without prejudice amended plans and conditions of consent in Attachment 2 of the confidential report dated 20 December 2023, subject to the following amendments to conditions 62 and 82 as set out below, which do not authorise any intensification of the use of the proposed development and which may be approved by the Court. This delegation includes minor amendments to conditions of consent. Condition 62 Within six months from the issue of an Occupation Certificate, an acoustical compliance assessment is to be carried out by an appropriately qualified person, in accordance with the NSW EPA’s Noise Policy for industry and the Association of Australia Acoustical Consultants- Guidelines for Childcare Centre Acoustic Assessment and submitted to Council for consideration. This report should include but not be limited to, details verifying that the noise control measures as recommended in the acoustic report submitted with the application are effective in attenuating noise to an acceptable level and that any mechanical plant does not give rise to offensive noise as defined under the Protection of the Environment Operations Act. If compliance is not achieved, correction action has to be taken within three months to achieve compliance at no cost to Council and a further acoustic compliance assessment is to be submitted to Council within three months. Reason: To protect the area from offensive noise. Condition 82 Compliance with the plan of management prepared by Brosnan and Moore, revision number 3, dated 23 October 2023, is to be complied with for the operation of the Childcare Centre. Should an updated plan of management be produced, the updated plan is to be provided to Council for approval. Reason: To comply with requirements of the plan management. REASONS: 1. Having regard to the legal opinion given by Bartier Perry that the appeal has poor prospects of success given the amended application. 2. Having regard to the concerns raised in public submissions and given that these concerns have been adequately addressed. 3. Due to the lack of any expert evidence to support a refusal based on the amended application (and risk of an adverse costs order) it is agreed that the Council resolve the Class 1 appeal by way of a section 34 conciliated agreement. Record of Voting: Unanimous

5.2

SUBJECT Confidential - Land and Environment Court Proceedings - 79-79A Kissing Point Road and 7 St Andees Street Dundas (Report of Group Manager Development and Traffic Services)

DETERMINATION That delegation be granted to the Chief Executive Officer of the City of Parramatta Council who in turn may sub-delegate to Council Officers nominated by the Chief Executive Officer, to negotiate and enter into an Agreement, with the Applicant pursuant to section 34 of the Land and Environment Court Act, on the basis of the set of without prejudice amended plans and the without prejudice conditions of consent in Attachment 2 in the report dated 20 December 2023, subject to the modification to conditions as set out below, which do not authorise any intensification of the use of the proposed development and which may be approved by the Court. This delegation includes minor amendments to the conditions of consent. Condition 26 to be deleted. Condition 28 to be deleted. Condition 32 to be amended as follows: The approved plans must be submitted to Sydney Water to undertake a detailed review of the following: 1. That affect or are likely to affect any of the following: · Wastewater pipes larger than 300mm in size · Pressure wastewater pipes · Drinking water or recycled water pipes · Our property boundary · An easement in our favour · Stormwater infrastructure within 10m of the property boundary. 2. Where the building plan includes: · Construction of a retaining wall over, or within the zone of influence of our assets · Excavation of a basement or building over, or adjacent to, one of our assets · Dewatering – removing water from solid material or soil. The detailed review is to ensure that: · our assets will not be damaged during, or because of the construction of the development · we can access our assets for operation and maintenance · your building will be protected if we need to work on our assets in the future. The developer will be required to pay Sydney Water for the costs associated with the detailed review. Reason: Per Sydney Water requirements Condition 66 to be deleted. Condition 81 to be amended by inserting the following words at the end of the first sentence “commencing on site.” Condition 108 to be amended by inserting the following BASIX certificate number “1351314M_03 dated 13 December 2023.” Condition 114 to be amended by inserting the following words at the end of the condition “have been complied with.” Condition 131 to be amended by inserting the following sentence at the end of the condition “The easement must be provided prior to issuing an occupation certificate.” REASONS 1. Having regard to the legal opinion given by Chris Campbell of Council’s Legal Services Unit that the appeal has poor prospects of success given the amended application. 2. Having regard to the concerns raised in public submissions and given that these concerns have been adequately addressed. 3. Due to the lack of any expert evidence to support a refusal based on the amended application (and risk of an adverse costs order) it is agreed that the Council resolve the Class 1 appeal by way of a section 34 conciliated agreement. Record of Voting: Unanimous

The meeting closed at 10.27am.

Chairperson