Agenda of Local Planning Panel - Tuesday, 16 April 2024

Local Planning Panel 16 April 2024 Item 5.1

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT 47-49 Park Road RYDALMERE NSW 2116 (Lot 5 DP 38557, Lot 6 DP 38557).

DESCRIPTION Section 4.55(2) Modification to the approved DA/544/2021 for Demolition, tree removal and construction of a three storey residential flat building containing 18 units over basement car parking. Modifications include proposed addition of lower ground 1 bedroom apartment within built envelope and second floor apartment over part of roof top terrace.

REFERENCE DA/544/2021/B - D09359116

APPLICANT/S A Scotti

OWNERS Rydalmere Holdings Pty LTD; FMH Custodians Pty Ltd; FMH Nominees Pty Ltd; Jaami Holdings Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 02 April 2024

REASON FOR REFERRAL TO LPP

The proposal is being referred to the Parramatta Local Planning Panel (PLPP) due to a further variation to height of buildings development standard greater than 10%.

SITE & LOCALITY

The subject site is legally described as Lot 6 DP 38557 & Lot 5 DP 38557 and commonly known as 47-49 Park Road, Rydalmere and has an approximate area of 1388m2.

The subject site currently accommodates 2 single storey detached dwellings on separate Torrens title allotments. It is located within an established residential area characterised by single and double storey residential dwellings, dual occupancy developments, and residential flat buildings. Adjoining the site to the north and south are single storey detached dwellings, and to the east are existing residential flat building developments. To the west of the subject site is Rydalmere Park.

STATUTORY CONTROLS

The instruments applicable to this application are:

· State Environmental Planning Policy (Biodiversity and Conservation) 2021

· State Environmental Planning Policy (Resilience and Hazards) 2021

· State Environmental Planning Policy (Transport and Infrastructure) 2021

· State Environmental Planning Policy (Building Sustainability) 2022

· State Environmental Planning Policy (Housing) 2021

· State Environmental Planning Policy (Affordable Rental Housing) 2009

· State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development

· Parramatta Local Environmental Plan 2023 (PLEP 2023)

· Parramatta Development Control Plan 2023 (PDCP 2023)

EXECUTIVE SUMMARY

The Section (2) Modification DA/544/2021/B was lodged to Council on the 6 November 2023 for changes to the approved gross floor area, building height and increase number of units.

In accordance with the Parramatta Consolidated Notification Procedures, the Development Application was notified from the 19 December 2023 to 01 February 2024. 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 height of building by 2.17m which is a 19.7% variation to the development standard.

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 modifications would result in a Residential Flat Building development that is substantially the same as the original application, however a variation in relation to Clause 12 of the SEPP(ARH) 2009 and Clause 4.3 of the Parramatta LEP 2023 is sought.

The requests to vary the floor space ratio and height of buildings development standards is considered to be supportable for reasons including but not limited to, the proposal remains substantially the same and does not substantially impact the surrounding area while providing for the housing needs of the community.

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/544/2021/B be approved. The recommended conditions of consent are within Attachment 1.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel exercising the functions of Council as the consent authority, modify development consent DA/544/2021 on land at 47-49 Park Road Rydalmere, for a period of five (5) years from the date on the original Notice of Determination, subject to the following modifications:

1. Amend Condition Nos. 1, 14, 81 & 100 to reflect the updated plans and documents.

2. All other conditions of DA/544/2021 remain unchanged.

(b) That the Parramatta Local Planning Panel approve the proposal notwithstanding the non-compliance with the floor space ratio control in Clause 13 Floor Space Ratio of the State Environmental Planning Policy (Affordable rental Housing) 2009 as there are sufficient environmental grounds to justify the variation.

(c) That the Parramatta Local Planning Panel approve the proposal notwithstanding the non-compliance with the height of building control in Clause 4.3 Height of Buildings of the Parramatta Local Environmental Plan 2023 as there are sufficient environmental grounds to justify the variation.

REASONS FOR APPROVAL

1. The proposed modification is substantially the same development which has been approved.

2. The proposed modification is permissible within the R4 High Density Residential zone and results in a development which is suitable for the context of the site and locality.

3. The proposed modification to increase the building height and floor space of the site is supported as there is no substantial change in the bulk and scale of the building and the changes are not discernible from the streetscape.

4. The proposed modification results in reasonable impacts to adjoining and surrounding properties, is suitable for the site, and is in the public interest.

Najeeb Kobeissi

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report and Draft Conditions	54 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Zoning Map	1 Page
4 ⇩	Architectural Plans	5 Pages
5	Internal Plans (confidential)	5 Pages
6 ⇩	Section 4.6 Variation Height of Building	15 Pages
7 ⇩	Section 4.6 Variation Floor Space Ratio (FSR)	12 Pages

REFERENCE MATERIAL

Local Planning Panel 16 April 2024 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT 16 Gowan Brae Avenue, OATLANDS NSW 2117 (Lot 10 DP 396505)

DESCRIPTION Section 4.55(2) Modification to DA/380/2017 for the tree removal and construction of a part 2 and part 3 storey dwelling and swimming pool. The modification is for the reconfiguration of the front entry, internal layouts, balconies, window placement, pool location, feature roof form and basement extent.

REFERENCE DA/380/2017/A - D09368714

APPLICANT/S Rothshire Pty Ltd

OWNERS O J Kim, E J Kim

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 02 April 2024

REASON FOR REFERRAL TO LPP

The proposal is referred to the Parramatta Local Planning Panel (PLPP) due to variation to Floor Space Ratio development standard greater than 10%.

EXECUTIVE SUMMARY

The Section 4.55(2) Modification DA/380/2017/A was lodged to Council on the 1 June 2023 for changes to the approved gross floor area and building height. Additionally, approval is sought for unauthorised works on site for both internal and external changes.

In accordance with the Parramatta Consolidated Notification Procedures, the Development Application was notified from the 13 June 2023 to 27 June 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 floor space ratio by 144.3m² which is a 35.3% variation to the development standard.

SITE & LOCALITY

The subject site is legally described as Lot 10 DP 396505 and commonly known as 16 Gowan Brae Avenue, Oatlands and has an approximate area of 758.8m2.

The site and surrounding properties are zoned R2 Low Density Residential under the Parramatta LEP 2023 with sites to the north zoned R3 Medium Density Residential.

The subject site currently accommodates a recently built two storey dwelling approved under DA/618/2020, inground pool and covered barbeque area. the completed dwelling was not constructed as per the approved plans. It is located within an established residential area characterised by single and double storey residential dwellings as well as town house developments. Adjoining the subject site to the east is a multiunit dwelling and to the west is a town house development.

STATUTORY CONTROLS

The instruments applicable to this application are:

• State Environmental Planning Policy (SEPP) – (Resilience and Hazards) 2021

• State Environmental Planning Policy (Building Sustainability) 2022

• State Environmental Planning Policy (Transport and Infrastructure) 2021

• State Environmental Planning Policy (Biodiversity and Conservation) 2021

• Parramatta Local Environmental Plan 2023 (PLEP 2023)

• Parramatta Development Control Plan 2023

• The Hills Development Control Plan 2012.

CONSULTATION

In accordance with the City of Parramatta Notification Requirements, the Development Application was notified from 13 June 2023 to 27 June 2023. In response, no submissions were received.

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 modifications would result in a dwelling house development that is substantially the same as the original application, however variations in relation to Clause 4.3 and 4.4 of the Parramatta LEP 2023 are sought. The requests to vary the floor space ratio and height of buildings development standards is considered to be supportable for reasons including but not limited to, the proposal remains substantially the same and does not substantially impact the surrounding area subject to compliance with conditions of consent imposed as part of this modification.

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/380/2017/A be approved. The recommended conditions of consent are within Attachment 1.

RECOMMENDATION

Pursuant to Section 4.16 of the Environmental Planning and Assessment Act, 1979:

(a) That the Parramatta Local Planning Panel exercising the functions of Council as the consent authority, modify development consent DA/380/2017 on land at 16 Gowan Brae Avenue, Oatlands, for a period of five (5) years from the date on the original Notice of Determination, subject to the following modifications:

a. Amend Condition Nos. 1, 45, and 51 to reflect the updated plans and documents.

b. After condition 1, insert Conditions 1A and 1B.

c. All other conditions of DA/380/2017 remain unchanged.

(b) That the Parramatta Local Planning Panel approve the proposal notwithstanding the non-compliance with the height of building control in Clause 4.3 Height of Buildings of the Parramatta Local Environmental Plan 2023 as there are sufficient environmental grounds to justify the variation.

(c) That the Parramatta Local Planning Panel approve the proposal notwithstanding the non-compliance with the floor space ratio control in Clause 4.4 Floor Space Ratio of the Parramatta Local Environmental Plan 2023 as there are sufficient environmental grounds to justify the variation.

REASONS FOR APPROVAL

1. The proposed modification is substantially the same development which has been approved.

2. The proposed modification is permissible within the R2 low Density Residential zone and results in a development which is suitable for the context of the site and locality.

3. The proposed modification to increase the building height and floor space of the site is supported as there is no substantial change in the bulk and scale of the building.

4. The proposed modification results in reasonable impacts to adjoining and surrounding properties, is suitable for the site, and is not contrary to the public interest.

Najeeb Kobeissi

Development Assessment Officer

Attachments:

1 ⇩	Combined Assessment Report and Draft Conditions	46 Pages
2 ⇩	Locality map	1 Page
3 ⇩	Zoning map	1 Page
4 ⇩	Architectural Plans	8 Pages
5	Internal Plans (confidential)	5 Pages
6 ⇩	Landscape Plans	3 Pages
7 ⇩	Complete Clause 4.6 Variation	8 Pages
8 ⇩	Statement of Environmental Effects	26 Pages

REFERENCE MATERIAL

Local Planning Panel 16 April 2024 Item 6.1

PLANNING PROPOSAL

ITEM NUMBER 6.1

SUBJECT Post Exhibition Report - Planning Proposal for land at 8 Lincluden Place, Oatlands

REFERENCE RZ/3/2021 -

APPLICANT/S Think Planners

OWNERS Zaki Property Pty Ltd as Trustee For Zaki Property Trust

REPORT OF Project Officer

Development applications considered by Sydney central city planning panel Nil

PURPOSE

The purpose of this report is to seek Local Planning Panel advice to Council on a recommendation to support finalisation of a Planning Proposal for land at 8 Lincluden Place, Oatlands.

RECOMMENDATION

The Parramatta Local Planning Panel consider the following Council Officer recommendation in its advice to Council:

(a) That Council receives and notes the submissions made during the exhibition period.

(b) That Council approve the finalisation of the Planning Proposal, provided at Attachment 1 for land at 8 Lincluden Place, Oatlands.

(c) That Council enters into the Planning Agreement at Attachment 2 and delegates authority to the Chief Executive Officer to sign it on behalf of Council.

(d) That Council delegate authority to the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the plan finalisation process relating to the Planning Proposal and Planning Agreement.

PLANNING PROPOSAL TIMELINE

SITE DESCRIPTION

1. The Planning Proposal applies to the land at 8 Lincluden Place, Oatlands (the site). The site is bound by Gollan Avenue to the north-east, Pennant Hills Road to the north-west and neighbouring properties at 6 and 9 Lincluden Place and 2 Gollan Avenue (refer to Figure 1). Current vehicular access to the site is via Gollan Avenue and Lincluden Place to the south. The site has an area of approximately 4,249sqm.

2. The site contains several existing buildings previously used as a Royal Institute for the Deaf and Blind school (Garfield Barwick School – private). The site is not currently in use as a school and has been vacant since its sale in 2019.

3. The adjacent site to the west (Alan Walker College) is attached to the United Theological College. The remaining sites on Lincluden Place, and the neighbouring sites on Gollan Avenue comprise low density dwellings.

Figure 1 – Site at 8 Lincluden Place, Oatlands, subject to the Planning Proposal

4. Under the Parramatta Local Environment Plan (PLEP) 2023, the site is subject to the following controls:

· Zoned part SP2 Infrastructure (Educational Establishment) and part SP2 Infrastructure (Classified Road);

· Minimum lot size of 700sqm;

· Maximum building height of 9 metres;

· No maximum Floor Space Ratio (FSR);

· Located within the Burnside Homes Heritage Conservation Area.

5. The site does not contain a local or State heritage item.

PLANNING PROPOSAL

6. On 5 November 2021, Council received a Planning Proposal for the site.

7. The Planning Proposal previously sought to amend the Parramatta (former The Hills) LEP 2012, since superseded by the Parramatta LEP 2023 (PLEP 2023), to rezone the site from SP2 Infrastructure (Educational Establishment) to R2 Low Density Residential. Further detail outlining the proposed changes to planning controls can be found at Table 1 below.

8. The Planning Proposal application includes an indicative potential subdivision layout for the site that could be lodged under a future development application for subdivision to create two new residential allotments facing Gollan Avenue, in addition to reusing the existing building as a future Educational Establishment (refer to Figure 2). It is noted that an Educational Establishment (school) use is also permitted with consent in the R2 Low Density Residential zone and therefore the existing building could still be used for that purpose subject to relevant approvals.

9. The applicant has indicated to Council officers that they are considering various options to develop the site under the proposed zoning but have not yet decided what option to pursue. The indicative subdivision layout has been provided by the applicant to demonstrate a possible future scenario that could be pursued following rezoning of the land.

Figure 2 – Indicative subdivision plan for the site at 8 Lincluden Place, Oatlands

10. On 29 September 2022, the Proponent provided a Letter of Offer outlining willingness to enter into a Planning Agreement associated with the Planning Proposal.

11. The Planning Proposal was considered and unanimously supported by the LPP at the meeting of 18 October 2022. The LPP advice was that Council approve the Planning Proposal for the purposes of seeking a Gateway determination from the (then) Department of Planning and Environment (DPE).

12. At its meeting on 28 November 2022, Council endorsed the Planning Proposal for submission to the DPE to seek a Gateway determination to place the Planning Proposal on public exhibition. Council also resolved to request the former DPE grant the CEO plan-making delegations.

13. On 31 January 2023, the DPE issued a Gateway Determination for the Planning Proposal which authorised Council as the local plan-making authority and allowed the public exhibition of the Planning Proposal to proceed.

14. The Gateway Determination required that prior to public exhibition the Planning Proposal be updated to include discussion and review of the alignment with proposed controls for the new Parramatta LEP 2023 (PLEP 2023) that was being finalised at the time.

15. The PLEP 2023 came into effect on 2 March 2023. Therefore, in addition to the proposed rezoning of the site to R2 Low Density Residential, the Planning Proposal was updated to align with the PLEP 2023 in accordance with the Gateway determination to:

· apply a maximum Floor Space Ratio (FSR) control of 0.5:1 consistent with surrounding R2 Low Density Residential land; and

· include the site on the PLEP Dual Occupancy Prohibition Map to be consistent with the surrounding R2 Low Density Residential land by prohibiting the subdivision of dual occupancies on the Planning Proposal site.

	Existing	Proposed
Land Use Zoning	Part SP2 Infrastructure (Educational Establishment) and part SP2 Infrastructure (Classified Road)	Part R2 Low Density Residential and part SP2 Infrastructure (Classified Road)
Height of Buildings	9m (2-3 storeys)	No change
Floor Space Ratio	No FSR	0.5:1 consistent with surrounding R2 Low Density Residential land.
Dual Occupancy Subdivision Prohibition	None	Include the site in the Dual Occupancy Prohibition Map (subdivisions) consistent with surrounding R2 Low Density Residential land. It is noted that whilst Dual Occupancies can be developed, this control prohibits the subdivision of such dwellings.
Minimum Lot Size for subdivision	700sqm	No change. The site could potentially accommodate up to 5 residential allotments plus access road with up to 2 low density dwellings per allotment, noting that subdivision of dual occupancy dwellings is prohibited.
Number of Dwellings to be accommodated based upon applicant’s indicative scheme	None (prohibited within existing zoning)	Potentially 4 x low density residential dwellings based upon the applicant’s indicative scheme (2 x dual occupancies or 2 x dwelling houses with granny flats), noting that subdivision of dual occupancy dwellings is prohibited.

Table 1 – Current and proposed planning controls for the site at 8 Lincluden Place, Oatlands

16. The northern portion of the site is currently zoned SP2 Infrastructure (Classified Road) and is identified on the Land Reservation Acquisition (LRA) Map. This Planning Proposal seeks to retain the land zoned SP2 Infrastructure (Classified Road) and does not propose changes to the LRA Map. As per Parramatta Local Environmental Plan 2023, land zoned SP2 Infrastructure and marked Classified Road identifies Transport for NSW as the relevant authority to acquire the land.

17. A Gateway extension has been issued for the Planning Proposal by the Department of Planning, Housing and Infrastructure (DPHI) requiring the LEP to be completed by 1 August 2024.

DRAFT PLANNING AGREEMENT

18. The draft Planning Agreement has been structured to allow a base development scenario (which is based upon the applicant’s indicative subdivision layout – refer to Site Description section above), and a maximum potential dwelling yield scenario (five residential allotments plus access road accommodating up to a maximum of two low density dwellings per allotment), to allow for flexibility depending on the development scenario pursued. It is noted that whilst Dual Occupancies can be developed, the subdivision of them would be prohibited.

19. The draft Planning Agreement provides for the following public benefits in accordance with the base development scenario. This public benefit will still be provided should a lesser number of dwellings be accommodated than the base development scenario (e.g. one residential allotment comprising a single dwelling):

a) Construction of a shared footpath along Pennant Hills Road, specifically between Gollan Avenue and Glencoe Avenue; or

b) A monetary contribution paid by the applicant to deliver this upgrade.

20. The total value of the monetary contribution payable under the base development scenario (or less) is estimated at $300,000. The Planning Agreement addresses the infrastructure demand generated by the Planning Proposal and benefits the community by improving public amenity within the vicinity of the proposed development.

21. The draft Planning Agreement has been structured so that any development scenario that is over and above the base scenario that introduces additional dwellings (up to the potential maximum of five residential allotments plus access road accommodating up to a maximum of two low density dwellings per allotment) will require a monetary contribution of $37,500 per additional dwelling, in addition to the $300,000 monetary contribution or construction of the shared pathway. The monetary contribution would be utilised for the embellishment of public amenity within the vicinity of the proposed development.

22. The draft Planning Agreement has been structured so that if a Development Consent is granted for more than 10 dwellings, or if a future development application is lodged with respect to the land for a different form of development, the applicant is required to submit a new Letter of Offer to enter into a new Planning Agreement with Council.

23. The portion of land currently zoned SP2 Infrastructure (Classified Road) is to be retained. Should the portion of land identified in the Land Reservation Acquisition map be proposed to be acquired, this will be subject to a separate process and is not address within the draft Planning Agreement.

24. The Planning Agreement will not exempt the Applicant from payment of applicable Section 7.11 development contributions in accordance with the Outside CBD Contributions Plan and will be levied at the development application stage.

EXHIBITION OF THE PLANNING PROPOSAL

25. The Planning Proposal and draft Planning Agreement were publicly exhibited from Monday 11 December 2023 to Friday 9 February 2024. Stakeholders and community members were notified through the following engagement mechanisms:

a. Letters to neighbouring landowners and occupiers;

b. A notice in Parra News published on Tuesday 23 January 2024;

c. Relevant material shared on City of Parramatta's corporate website and community engagement platform, Participate Parramatta; and

d. Hard copy materials distributed at PHIVE, Dundas Library, and Carlingford Library.

26. A total of 10 submissions were received, six (6) from individual community members. Four (4) submissions were received from the following State Agencies and service providers:

a. Transport for NSW (TfNSW);

b. School Infrastructure NSW (SINSW);

c. Sydney Water; and

d. Endeavour Energy.

27. Of the six community submissions, four raised objections and two supported the proposal to an extent. The following concerns were raised:

a. Unknown built form outcome;

b. Traffic impacts;

c. Parking congestion;

d. Safety concerns; and

e. Negative impacts on residents during construction.

28. The built form outcome will need to be consistent with what is achievable on the surrounding R2 Low Density Residential land and to be compliant with related local planning controls. Council’s Traffic Engineers do not raise concerns regarding the traffic impacts of the Planning Proposal, noting that the surrounding road network has capacity to accommodate additional low-density dwellings on the land. The concerns raised in the community submissions can be addressed at the Development Application stage and therefore do not require changes to the Planning Proposal.

29. No State Agency or Service Provider submissions raised objections or significant concerns. Comments from State Agencies and Service Providers included:

a. Recommendations against the planting of deep-rooted trees near electricity infrastructure;

b. That future access from Pennant Hills Road will not be permitted, and for all new access to the site be from Lincluden Place only;

c. That adjustments may be required regarding water and wastewater servicing; and

d. That consideration be given to potential future impacts in relation to traffic management and active transport for future usage of the site.

30. The comments received from State agencies does not require changes to the Planning Proposal and can be addressed at the Development Application stage.

31. A detailed summary of the submissions received and Council officer responses to the issues raised are provided at Attachment 3.

32. Council previously resolved to allow the CEO to exercise plan-making delegations for this Planning Proposal, as authorised by Council on 26 November 2012. Plan-making delegation means that the CEO is responsible for the finalisation of the Local Environment Plan amendment, rather than the DPHI. It should be noted that councils are unable to exercise plan-making delegations in the case that there is an unresolved objection from a public authority. In this instance, no State Agency or Service Provider submissions raised objections to the Planning Proposal.

FINANCIAL IMPLICATIONS FOR COUNCIL

33. The finalisation of the Planning Proposal would be undertaken by Council officers and therefore within the existing City Planning and Design budget. Should this matter progress, a Planning Agreement delivering the public benefits outlined above will be entered into between Council and the applicant.

CONCLUSION AND NEXT STEPS

34. It is recommended that the Local Planning Panel support the Council officer recommendation for Council to approve the finalisation of the Planning Proposal, provided at Attachment 1 for land at 8 Lincluden Place, Oatlands.

35. Following Local Planning Panel consideration of the recommendations of this report, the matter will be reported to an upcoming Council meeting.

Grace Haydon

Project Officer

Michael Rogers

Land Use Planning Manager

David Birds

Group Manager, Major Projects and Precincts

Jennifer Concato

Executive Director City Planning and Design

Attachments:

1 ⇩	Planning Proposal	42 Pages
2 ⇩	Planning Agreement	40 Pages
3 ⇩	Submission Summary Table	12 Pages

REFERENCE MATERIAL

Item 6.1 - Attachment 3

Submission Summary Table

ATTACHMENT 3 – 8 LINCLUDEN PLACE, OATLANDS

SUBMISSION SUMMARY TABLE AND OFFICER RESPONSES

STATE AGENCY AND SERVICE PROVIDER SUBMISSIONS

Submission Summary	Officer Response
1. Endeavour Energy
· Submission notes that the applicant will need to engage an Accredited Service Provider (ASP) of an appropriate level and class of accreditation to assess the electricity load and the proposed method of supply for the development, to ensure an ade0quate connection. · Submission notes that an extension or augmentation of the existing electricity distribution network may be required. · Submission states that all new cabling/reticulation infrastructure must be of an underground construction type. · Submission states that the low voltage service conductor and customer connection point must comply with the ‘Service and Installation Rules of NSW’. · Submission notes that the planning proposal shows a future subdivision application to create two (2) residential allotments facing Gollan Avenue and that there is currently no existing low voltage electricity connection to the Gollan Avenue frontage of the site. · Submission opposes the planting of deep rooted trees near electricity infrastructure and recommends that existing trees of low ecological significance in proximity of electrical infrastructure be removed and, if necessary, replaced by an alternative smaller planting. · Submission notes that the landscape designer will need to ensure any planting near electricity infrastructure achieves Endeavour Energy’s vegetation management requirements.	Submission providing comments on the proposal is noted. · No built form is proposed as part of the Planning Proposal. At this stage, Council officers are assessing the proposed change in land zoning, from SP2 Infrastructure (Educational Establishment) to R2 Low Density Residential. The Planning Proposal seeks to align the zoning of the site with the surrounding R2 Low Density Residential zone so that residential uses might then be considered on the site. · Should the rezoning be supported, any future residential land use that is permitted in the R2 Low Density Residential zone might then be proposed. Any such future use will require a separate Development Application to be prepared and lodged with Council for detailed assessment to ensure that the future development complies with applicable planning controls. · Matters relating to electricity distribution and load shall be addressed at the Development Application(s) stage.
2. Transport for NSW (TfNSW)
· Submission requests that TfNSW’s comments are satisfactorily addressed prior to Council finalising the planning proposal. · Submission notes that if the Applicant continues with the indicative subdivision consent for an Educational Establishment will have to be relinquished prior to the development consent being granted for the subdivision. Therefore, an updated Traffic Impact Assessment will be required to be undertaken and submitted with any future development applications. · Submission states that any shared pathway, as well as active transport facilities, are to be designed according to Australian Standards and Guidelines and submitted to TfNSW for review prior to any work being undertaken. · Submission states that any request for future access from Pennant Hills Road will not be permitted and all new access to the site is to be from Lincluden Place only. · Submission notes that the subject property is affected by a road proposal (approved 21/06/1989) and, therefore, there should be no building on any SP2 land that is dedicated or reserved for roads.	Submission providing comments on the proposal is noted. · Traffic impacts associated with the Planning Proposal have been assessed by Council’s Traffic and Transport Engineers, who have indicated that the potential traffic impacts of the rezoning can be accommodated within the existing road network, subject to further detailed analysis should a Development Application(s) be submitted. · Detailed matters relating to traffic shall be considered should a future Development Application be lodged for this site. It is noted that an updated Traffic Impact Assessment will be required to be undertaken and submitted with any future Development Application(s) on this site, in accordance with TfNSW’s recommendation. · Should a future Development Application(s) for this site propose an Educational Establishment, an updated Traffic Impact Assessment would be required to ensure access to the site is manageable. It is noted that no built form is proposed as part of the Planning Proposal and that an Educational Establishment is already permissible on the site. · To support the Planning Proposal (which only seeks to rezone the site to allow what is also permissible within the adjoining R2 Low Density Residential zone), the Applicant submitted an indicative subdivision plan as an example to illustrate what a possible future Development Application could propose, should the land be rezoned. · The indicative subdivision plan does not propose access vehicular from Pennant Hills Road. · The northern portion of the site is currently zoned SP2 Infrastructure (Classified Road) and is identified on the Land Reservation Acquisition (LRA) Map. This Planning Proposal seeks to retain the land zoned SP2 Infrastructure (Classified Road) and does not propose changes to the LRA Map. · As per Parramatta Local Environmental Plan 2023, land zoned SP2 Infrastructure and marked Classified Road identifies Transport for NSW as the relevant authority to acquire the land. Should the portion of land identified as per the Land Reservation Acquisition map be acquired, this acquisition will be subject to a separate process.
3. School Infrastructure NSW (SINSW)
· Submission considers that there is minimal impact from the subject proposal. · Submission requests that consideration be given to potential future impacts in relation to traffic management and active transport for future usage of the site. · Submission requests that transport planning for the proposal be guided by the NSW Government’s Movement and Place Framework (MAPF) and Built Environment Performance Indicators, as these indicators are based on qualities that contribute to a well-designed built environment and should therefore be used by proponents in the formulation of transport concepts. · Submission identifies the following as examples of effective transport planning measures which address the above indicators: o Provision of active and public transport infrastructure o Physical separation between pedestrian, cyclists and heavy vehicles o Access for all ages and abilities such as ambulant disabilities and prams o Kerb outstands and refuges crossings (particularly around schools). o Pedestrian legs on all approach to intersections. o Weather- protected bus departure zones o For local roads: lower vehicle speeds to 15km/h in High Pedestrian Activity Areas or 40km/h within School Zones.	Submission providing comments on the proposal is noted. · Traffic impacts associated with the Planning Proposal have been assessed by Council’s Traffic and Transport Engineers, who have indicated that the potential traffic impacts of the rezoning can be accommodated within the existing road network, subject to further detailed analysis should a Development Application(s) be submitted. · Detailed matters relating to traffic shall be considered should a future Development Application be lodged for this site. It is noted that an updated Traffic Impact Assessment will be required to be undertaken and submitted with any future Development Application(s) on this site, in accordance with TfNSW’s recommendation. · Should a future Development Application(s) for this site propose an Educational Establishment, an updated Traffic Impact Assessment would be required to ensure access to the site is manageable. It is noted that no built form is proposed as part of the Planning Proposal and that an Educational Establishment is already permissible on the site.
4. Sydney Water
· Submission states that drinking water and wastewater servicing should be available to the site. · Submission states that amplifications, adjustments, and/or minor extensions may be required regarding water and wastewater servicing. · Submission notes that Sydney Water does not reserve or hold capacity for proposed developments, regardless of whether the area has been rezoned or not, and it is best to approach Sydney Water for an updated capacity assessment, especially if the approval letter is over 12 months old.	Submission providing comments on the proposal is noted. · No built form is proposed as part of the Planning Proposal. At this stage, Council officers are assessing the proposed change in land zoning, from SP2 Infrastructure (Educational Establishment) to R2 Low Density Residential. The Planning Proposal seeks to align the zoning of the site with the surrounding R2 Low Density Residential zone so that residential uses might then be considered on the site. · Should the rezoning be supported, any future residential land use that is permitted in the R2 Low Density Residential zone might then be proposed. Any such future use will require a separate Development Application to be prepared and lodged with Council for detailed assessment to ensure that the future development complies with applicable planning controls. · Matters relating to water and wastewater servicing shall be addressed at the Development Application(s) stage.

Submission Summary

Officer Response

1. Endeavour Energy

· Submission notes that the applicant will need to engage an Accredited Service Provider (ASP) of an appropriate level and class of accreditation to assess the electricity load and the proposed method of supply for the development, to ensure an ade0quate connection.

· Submission notes that an extension or augmentation of the existing electricity distribution network may be required.

· Submission states that all new cabling/reticulation infrastructure must be of an underground construction type.

· Submission states that the low voltage service conductor and customer connection point must comply with the ‘Service and Installation Rules of NSW’.

· Submission notes that the planning proposal shows a future subdivision application to create two (2) residential allotments facing Gollan Avenue and that there is currently no existing low voltage electricity connection to the Gollan Avenue frontage of the site.

· Submission opposes the planting of deep rooted trees near electricity infrastructure and recommends that existing trees of low ecological significance in proximity of electrical infrastructure be removed and, if necessary, replaced by an alternative smaller planting.

· Submission notes that the landscape designer will need to ensure any planting near electricity infrastructure achieves Endeavour Energy’s vegetation management requirements.

Submission providing comments on the proposal is noted.

· No built form is proposed as part of the Planning Proposal. At this stage, Council officers are assessing the proposed change in land zoning, from SP2 Infrastructure (Educational Establishment) to R2 Low Density Residential. The Planning Proposal seeks to align the zoning of the site with the surrounding R2 Low Density Residential zone so that residential uses might then be considered on the site.

· Should the rezoning be supported, any future residential land use that is permitted in the R2 Low Density Residential zone might then be proposed. Any such future use will require a separate Development Application to be prepared and lodged with Council for detailed assessment to ensure that the future development complies with applicable planning controls.

· Matters relating to electricity distribution and load shall be addressed at the Development Application(s) stage.

2. Transport for NSW (TfNSW)

· Submission requests that TfNSW’s comments are satisfactorily addressed prior to Council finalising the planning proposal.

· Submission notes that if the Applicant continues with the indicative subdivision consent for an Educational Establishment will have to be relinquished prior to the development consent being granted for the subdivision. Therefore, an updated Traffic Impact Assessment will be required to be undertaken and submitted with any future development applications.

· Submission states that any shared pathway, as well as active transport facilities, are to be designed according to Australian Standards and Guidelines and submitted to TfNSW for review prior to any work being undertaken.

· Submission states that any request for future access from Pennant Hills Road will not be permitted and all new access to the site is to be from Lincluden Place only.

· Submission notes that the subject property is affected by a road proposal (approved 21/06/1989) and, therefore, there should be no building on any SP2 land that is dedicated or reserved for roads.

Submission providing comments on the proposal is noted.

· Traffic impacts associated with the Planning Proposal have been assessed by Council’s Traffic and Transport Engineers, who have indicated that the potential traffic impacts of the rezoning can be accommodated within the existing road network, subject to further detailed analysis should a Development Application(s) be submitted.

· Detailed matters relating to traffic shall be considered should a future Development Application be lodged for this site. It is noted that an updated Traffic Impact Assessment will be required to be undertaken and submitted with any future Development Application(s) on this site, in accordance with TfNSW’s recommendation.

· Should a future Development Application(s) for this site propose an Educational Establishment, an updated Traffic Impact Assessment would be required to ensure access to the site is manageable. It is noted that no built form is proposed as part of the Planning Proposal and that an Educational Establishment is already permissible on the site.

· To support the Planning Proposal (which only seeks to rezone the site to allow what is also permissible within the adjoining R2 Low Density Residential zone), the Applicant submitted an indicative subdivision plan as an example to illustrate what a possible future Development Application could propose, should the land be rezoned.

· The indicative subdivision plan does not propose access vehicular from Pennant Hills Road.

· The northern portion of the site is currently zoned SP2 Infrastructure (Classified Road) and is identified on the Land Reservation Acquisition (LRA) Map. This Planning Proposal seeks to retain the land zoned SP2 Infrastructure (Classified Road) and does not propose changes to the LRA Map.

· As per Parramatta Local Environmental Plan 2023, land zoned SP2 Infrastructure and marked Classified Road identifies Transport for NSW as the relevant authority to acquire the land. Should the portion of land identified as per the Land Reservation Acquisition map be acquired, this acquisition will be subject to a separate process.

3. School Infrastructure NSW (SINSW)

· Submission considers that there is minimal impact from the subject proposal.

· Submission requests that consideration be given to potential future impacts in relation to traffic management and active transport for future usage of the site.

· Submission requests that transport planning for the proposal be guided by the NSW Government’s Movement and Place Framework (MAPF) and Built Environment Performance Indicators, as these indicators are based on qualities that contribute to a well-designed built environment and should therefore be used by proponents in the formulation of transport concepts.

· Submission identifies the following as examples of effective transport planning measures which address the above indicators:

o Provision of active and public transport infrastructure

o Physical separation between pedestrian, cyclists and heavy vehicles

o Access for all ages and abilities such as ambulant disabilities and prams

o Kerb outstands and refuges crossings (particularly around schools).

o Pedestrian legs on all approach to intersections.

o Weather- protected bus departure zones

o For local roads: lower vehicle speeds to 15km/h in High Pedestrian Activity Areas or 40km/h within School Zones.

Submission providing comments on the proposal is noted.

4. Sydney Water

· Submission states that drinking water and wastewater servicing should be available to the site.

· Submission states that amplifications, adjustments, and/or minor extensions may be required regarding water and wastewater servicing.

· Submission notes that Sydney Water does not reserve or hold capacity for proposed developments, regardless of whether the area has been rezoned or not, and it is best to approach Sydney Water for an updated capacity assessment, especially if the approval letter is over 12 months old.

Submission providing comments on the proposal is noted.

· Matters relating to water and wastewater servicing shall be addressed at the Development Application(s) stage.

INDIVIDUAL COMMUNITY MEMBER SUBMISSIONS

No.	Submission Summary	Officer Response
1. Submitter from Strathalbyn Drive, Oatlands	Submitter objects the proposal. · Submitter opposes the planning proposal and draft planning agreement. · Submitter raises concerns about not being able to ascertain what structures are planned and their proposed occupancy. · Submitter raises concerns that if entry to the site is via Lincluden Place and not Gollan Ave, the proposal will make movement in and out of Strathalbyn Drive and Lincluden Place ‘extremely difficult’, not only during construction, but upon completion due to increased traffic flow. · Submitter states that there is only one entry and exit to Pennant Hills Road, which, with additional traffic, would make their home and all the others in Burnside Gardens ‘virtually land locked’. · Submitter notes that on mornings and afternoons on school days parking is allowed on Glencoe Avenue, reducing the two lanes to one. · Submitter notes that despite clear signage forbidding it, cars frequently make illegal U-turns at the corner of Glencoe Avenue, Strathalbyn Drive and Blackwood Place making it dangerous not only for motorists but also pedestrians, many of whom are school children or local residents going on their daily walk. · Submitter raises concerns about not knowing the size, type of buildings and occupancy of proposed structures as they strongly feel that any proposed structures should be sympathetic to the heritage building currently on the site, and to those on Pennant Hills Road between Glencoe Avenue and James Ruse Drive. · Submitter requests details regarding the proposed structures and occupancy.	Submission objecting the proposal is noted. · No built form is proposed as part of the Planning Proposal. At this stage, Council officers are assessing the proposed change in land zoning, from SP2 Infrastructure (Educational Establishment) to R2 Low Density Residential. The Planning Proposal seeks to align the zoning of the site with the surrounding R2 Low Density Residential zone so that residential uses might then be considered on the site. · Should the rezoning be supported, any future residential land use that is permitted in the R2 Low Density Residential zone might then be proposed. Any such future use will require a separate Development Application to be prepared and lodged with Council for detailed assessment to ensure that the future development complies with applicable planning controls. · Any future Development Application will also be publicly exhibited and therefore, surrounding residents will have an opportunity to review any plans for the site and make a submission for consideration. · To support the Planning Proposal (which only seeks to rezone the site to allow what is also permissible within the adjoining R2 Low Density Residential zone), the Applicant submitted an indicative subdivision plan as an example to illustrate what a possible future Development Application could propose, should the land be rezoned. · The future land use for this site would need to comply with applicable development controls and will be subject to a future detailed planning assessment process. · Traffic impacts associated with the Planning Proposal have been assessed by Council’s Traffic and Transport Engineers, who have indicated that the potential traffic impacts of the rezoning can be accommodated within the existing road network, subject to further detailed analysis should a Development Application(s) be submitted. · Detailed matters relating to traffic shall be considered should a future Development Application be lodged for this site. It is noted that an updated Traffic Impact Assessment will be required to be undertaken and submitted with any future Development Application(s) on this site, in accordance with TfNSW’s recommendation. · Should a future Development Application(s) for this site propose an Educational Establishment, an updated Traffic Impact Assessment would be required to ensure access to the site is manageable. It is noted that no built form is proposed as part of the Planning Proposal and that an Educational Establishment is already permissible on the site.
2. Submitter from Lincluden Place, Oatlands	Submitter objects the proposal. · Submitter considers that the proposal offers ‘a smorgasbord of options’ to residents without any clarity of what may be approved. · Submitter notes that a school and two houses is completely different to a boarding house, a group home, four or five residences, some with granny flats, and dual occupancy, which each having unique benefits and drawbacks. · Submitter is concerned about not knowing which possible option to comment on. · Submitter raises concerns that the original letter appeared to imply a 2-3 storey building would occupy the site, Council’s website did not provide significant detail on the full implications of the proposal, and information provided at the library was not made more widely available. · Submitter questions whether the whole site is being rezoned or only a part of it. · Submitter is concerned about increased traffic and reduced safety in Lincluden Place, a short, narrow cul-de-sac. · Submitter notes that motorists travelling south on Pennant Hills Road who wish to turn right at Masons Drive use Lincluden Place as a turning circle during school pick up and drop off times, for the three schools located along Mason Drive. · Submitter objectisto the conclusion in the traffic section that there would be a ‘negligible’ effect on traffic in the area if a school with 104 students and two houses are allowed on Gollan Avenue without access to the school from Gollan Avenue. · Submitter notes that previously, only staff at the school used Lincluden Place to access the parking area under the building, and parents and students utilised Gollan Avenue. Submitter raises concerns that if the site becomes a school and two houses, traffic and parking would be ‘chaotic’ in Lincluden Place. · Submitter queries whether cars would be allowed to park on both sides of the street, noting it is narrow at the bottom of the hill and there have been many near-miss accidents. · Submitter notes that the building is in a heritage conservation area. Submitter requests to be kept informed about the impact that may have on the design of the site.	Submission objecting the proposal is noted. · No built form is proposed as part of the Planning Proposal. At this stage, Council officers are assessing the proposed change in land zoning, from SP2 Infrastructure (Educational Establishment) to R2 Low Density Residential. The Planning Proposal seeks to align the zoning of the site with the surrounding R2 Low Density Residential zone so that residential uses might then be considered on the site. · Should the rezoning be supported, any future residential land use that is permitted in the R2 Low Density Residential zone might then be proposed. Any such future use will require a separate Development Application to be prepared and lodged with Council for detailed assessment to ensure that the future development complies with applicable planning controls. · Any future Development Application will also be publicly exhibited and therefore, surrounding residents will have an opportunity to review any plans for the site and make a submission for consideration. · To support the Planning Proposal (which only seeks to rezone the site to allow what is also permissible within the adjoining R2 Low Density Residential zone), the Applicant submitted an indicative subdivision plan as an example to illustrate what a possible future Development Application could propose, should the land be rezoned. · The future land use for this site would need to comply with applicable development controls and will be subject to a future detailed planning assessment process. · The Planning Proposal and draft Planning Agreement were publicly exhibited from Monday, 11 December 2023 to Friday, 9 February 2024. Stakeholders were notified through letters, a notice in Parra News, relevant material shared on City of Parramatta’s corporate website and Participate Parramatta, and hard copy materials were available at PHIVE, Dundas Library and Carlingford Library. All information that was available at the libraries in hard copy was accessible for online access. · The Planning Proposal does not propose to amend the height of buildings control applying to the site. · The northern portion of the site is currently zoned SP2 Infrastructure (Classified Road) and is identified on the Land Reservation Acquisition (LRA) Map. This Planning Proposal seeks to retain the land zoned SP2 Infrastructure (Classified Road) and does not propose changes to the LRA Map. · Traffic impacts associated with the Planning Proposal have been assessed by Council’s Traffic and Transport Engineers, who have indicated that the potential traffic impacts of the rezoning can be accommodated within the existing road network, subject to further detailed analysis should a Development Application(s) be submitted. · Detailed matters relating to traffic shall be considered should a future Development Application be lodged for this site. It is noted that an updated Traffic Impact Assessment will be required to be undertaken and submitted with any future Development Application(s) on this site, in accordance with TfNSW’s recommendation. · Should a future Development Application(s) for this site propose an Educational Establishment, an updated Traffic Impact Assessment would be required to ensure access to the site is manageable. It is noted that no built form is proposed as part of the Planning Proposal and that an Educational Establishment is already permissible on the site. · The Planning Proposal does not seek to alter any heritage provisions applying to the site. Any future Development Application (DA) for the site will be assessed against the applicable planning controls including Parramatta DCP 2023, and be accompanied by suitable justification (e.g. a Statement of Heritage Impact) to ensure any future development is respectful of the Burnside Homes Conservation Area.
3. Submitter from Lincluden Place, Oatlands	Submitter objects the proposal. · Submitter identifies several areas of concern to be carefully considered prior to approval being granted. · Submitter states that the details on Council’s website about this proposal are unclear and more information is needed before residents can make an informed decision about whether or not the proposal is acceptable. · Submitter raises particular concerns about the potential impact of traffic on Lincluden Place, stating is it crucial to understand how the proposed development may alter traffic patterns and access points in order to ensure the safety and convenience of the local community. · Submitter raises concerns that Lincluden Place already experiences traffic congestion around school hours and that this would be exacerbated with the addition of more cars and/or construction vehicles, creating further challenges for residents. · Submitter raises concerns that details on access to the proposed three dwellings are not clearly outlined and further information is needed before residents can evaluate the potential impacts on their neighbourhood. · Submitter raises concerns that the documentation provided does not clearly define the types of dwellings proposed for the development and further information is required before residents can decide whether the proposal is acceptable. · Submitter raises significant concerns about access to existing residences during construction as it is unclear whether construction vehicles would be using Lincluden Place as an entry point to the proposed development during construction, which would make it difficult for residents to access their homes. Submitter requests clarity on this issue. · Submitter suggests that concerns be addressed and reviewed. · Submitter considers that it would be beneficial for the community, especially direct neighbours, to have the opportunity to provide feedback and comments before any building works commence.	Submission objecting the proposal is noted. · The Planning Proposal and draft Planning Agreement were publicly exhibited from Monday, 11 December 2023 to Friday, 9 February 2024. Stakeholders were notified through letters, a notice in Parra News, relevant material shared on City of Parramatta’s corporate website and Participate Parramatta, and hard copy materials were available at PHIVE, Dundas Library and Carlingford Library. All information that was available at the libraries in hard copy was accessible for online access. · Traffic impacts associated with the Planning Proposal have been assessed by Council’s Traffic and Transport Engineers, who have indicated that the potential traffic impacts of the rezoning can be accommodated within the existing road network, subject to further detailed analysis should a Development Application(s) be submitted. · Detailed matters relating to traffic shall be considered should a future Development Application be lodged for this site. It is noted that an updated Traffic Impact Assessment will be required to be undertaken and submitted with any future Development Application(s) on this site, in accordance with TfNSW’s recommendation. · Should a future Development Application(s) for this site propose an Educational Establishment, an updated Traffic Impact Assessment would be required to ensure access to the site is manageable. It is noted that no built form is proposed as part of the Planning Proposal and that an Educational Establishment is already permissible on the site. · No built form is proposed as part of the Planning Proposal. At this stage, Council officers are assessing the proposed change in land zoning, from SP2 Infrastructure (Educational Establishment) to R2 Low Density Residential. The Planning Proposal seeks to align the zoning of the site with the surrounding R2 Low Density Residential zone so that residential uses might then be considered on the site. · Should the rezoning be supported, any future residential land use that is permitted in the R2 Low Density Residential zone might then be proposed. Any such future use will require a separate Development Application to be prepared and lodged with Council for detailed assessment to ensure that the future development complies with applicable planning controls. · Any future Development Application will also be publicly exhibited and therefore, surrounding residents will have an opportunity to review any plans for the site and make a submission for consideration. · To support the Planning Proposal (which only seeks to rezone the site to allow what is also permissible within the adjoining R2 Low Density Residential zone), the Applicant submitted an indicative subdivision plan as an example to illustrate what a possible future Development Application could propose, should the land be rezoned. · The future land use for this site would need to comply with applicable development controls and will be subject to a future detailed planning assessment process. · Any matters relating to construction shall be addressed at the Development Application(s) stage. · The Planning Proposal does not seek to alter any heritage provisions applying to the site. Any future Development Application (DA) for the site will be assessed against the applicable planning controls including Parramatta DCP 2023 and be accompanied by suitable justification (e.g. a Statement of Heritage Impact) to ensure any future development is respectful of the Burnside Homes Conservation Area.
4. Submitter from Lincluden Place, Oatlands	Submitter supports the proposal, to an extent. · Submitter requests for cars to not be permitted to park along the kerb of Lincluden Place and should only park in the parking area of the building, with drop-offs to occur at Gollan Avenue. · Submitter notes that the residents in Burnside Garden only have one exit, via Glencoe Avenue.	Submission supporting the proposal to an extent is noted. · Traffic impacts associated with the Planning Proposal have been assessed by Council’s Traffic and Transport Engineers, who have indicated that the potential traffic impacts of the rezoning can be accommodated within the existing road network, subject to further detailed analysis should a Development Application(s) be submitted. · Detailed matters relating to traffic shall be considered should a future Development Application be lodged for this site. It is noted that an updated Traffic Impact Assessment will be required to be undertaken and submitted with any future Development Application(s) on this site, in accordance with TfNSW’s recommendation.
5. Submitter from Lincluden Place, Oatlands	Submitter supports the proposal, to an extent. · Submitter requests that traffic for construction, deliveries, residents and staff are to be from Gollan Avenue, with no parking of workmen and staff vehicles to be allowed in Lincluden Place at any time.	Submission supporting the proposal to an extent is noted. · Traffic impacts associated with the Planning Proposal have been assessed by Council’s Traffic and Transport Engineers, who have indicated that the potential traffic impacts of the rezoning can be accommodated within the existing road network, subject to further detailed analysis should a Development Application(s) be submitted. · Detailed matters relating to traffic shall be considered should a future Development Application be lodged for this site. It is noted that an updated Traffic Impact Assessment will be required to be undertaken and submitted with any future Development Application(s) on this site, in accordance with TfNSW’s recommendation.
6. Submitter from Strathalbyn Drive, Oatlands	Submitter objects the proposal. · Submitter states that a development of this nature would increase traffic flow in and out of Lincluden Place significantly. · Submitter notes that there are already a number of drivers making illegal U-turns at the corner of Lincluden Place and Strathalbyn Drive during school pick up and drop off times and signage should be put in place to ban this. · Submitter states it is unclear what the rezoning would permit the developer to achieve on the site and whether an amendment could be submitted for increased density. · Submitter states there is currently traffic congestion at the entrance to Burnside Estate, on Glencoe Avenue, with parents parking on the lefthand side of the entry to the estate, which would be exacerbated with the proposed development, presenting traffic hazards and potentially causing accidents. · Submitter notes that currently many drivers disregard the ‘no U-turn’ signage at the end of ‘Glencoe Place’, resulting in traffic congestion and safety hazards to pedestrians in the area. · Submitter states that the existing heritage building along Pennant Hills Road should remain in its location. · Submitter reiterates opposition to this proposal but suggests, if it were to go ahead, that all traffic be redirected via Gollan Avenue and not Lincluden Place.	Submission objecting the proposal is noted. · Traffic impacts associated with the Planning Proposal have been assessed by Council’s Traffic and Transport Engineers, who have indicated that the potential traffic impacts of the rezoning can be accommodated within the existing road network, subject to further detailed analysis should a Development Application(s) be submitted. · Detailed matters relating to traffic shall be considered should a future Development Application be lodged for this site. It is noted that an updated Traffic Impact Assessment will be required to be undertaken and submitted with any future Development Application(s) on this site, in accordance with TfNSW’s recommendation. · Should a future Development Application(s) for this site propose an Educational Establishment, an updated Traffic Impact Assessment would be required to ensure access to the site is manageable. It is noted that no built form is proposed as part of the Planning Proposal and that an Educational Establishment is already permissible on the site. · No built form is proposed as part of the Planning Proposal. At this stage, Council officers are assessing the proposed change in land zoning, from SP2 Infrastructure (Educational Establishment) to R2 Low Density Residential. The Planning Proposal seeks to align the zoning of the site with the surrounding R2 Low Density Residential zone so that residential uses might then be considered on the site. · Should the rezoning be supported, any future residential land use that is permitted in the R2 Low Density Residential zone might then be proposed. Any such future use will require a separate Development Application to be prepared and lodged with Council for detailed assessment to ensure that the future development complies with applicable planning controls.

No.

Submission Summary

Officer Response

Submitter from Strathalbyn Drive,

Oatlands

Submitter objects the proposal.

· Submitter opposes the planning proposal and draft planning agreement.

· Submitter raises concerns about not being able to ascertain what structures are planned and their proposed occupancy.

· Submitter raises concerns that if entry to the site is via Lincluden Place and not Gollan Ave, the proposal will make movement in and out of Strathalbyn Drive and Lincluden Place ‘extremely difficult’, not only during construction, but upon completion due to increased traffic flow.

· Submitter states that there is only one entry and exit to Pennant Hills Road, which, with additional traffic, would make their home and all the others in Burnside Gardens ‘virtually land locked’.

· Submitter notes that on mornings and afternoons on school days parking is allowed on Glencoe Avenue, reducing the two lanes to one.

· Submitter notes that despite clear signage forbidding it, cars frequently make illegal U-turns at the corner of Glencoe Avenue, Strathalbyn Drive and Blackwood Place making it dangerous not only for motorists but also pedestrians, many of whom are school children or local residents going on their daily walk.

· Submitter raises concerns about not knowing the size, type of buildings and occupancy of proposed structures as they strongly feel that any proposed structures should be sympathetic to the heritage building currently on the site, and to those on Pennant Hills Road between Glencoe Avenue and James Ruse Drive.

· Submitter requests details regarding the proposed structures and occupancy.

Submission objecting the proposal is noted.

· Any future Development Application will also be publicly exhibited and therefore, surrounding residents will have an opportunity to review any plans for the site and make a submission for consideration.

· The future land use for this site would need to comply with applicable development controls and will be subject to a future detailed planning assessment process.

Submitter from Lincluden Place,

Oatlands

Submitter objects the proposal.

· Submitter considers that the proposal offers ‘a smorgasbord of options’ to residents without any clarity of what may be approved.

· Submitter notes that a school and two houses is completely different to a boarding house, a group home, four or five residences, some with granny flats, and dual occupancy, which each having unique benefits and drawbacks.

· Submitter is concerned about not knowing which possible option to comment on.

· Submitter raises concerns that the original letter appeared to imply a 2-3 storey building would occupy the site, Council’s website did not provide significant detail on the full implications of the proposal, and information provided at the library was not made more widely available.

· Submitter questions whether the whole site is being rezoned or only a part of it.

· Submitter is concerned about increased traffic and reduced safety in Lincluden Place, a short, narrow cul-de-sac.

· Submitter notes that motorists travelling south on Pennant Hills Road who wish to turn right at Masons Drive use Lincluden Place as a turning circle during school pick up and drop off times, for the three schools located along Mason Drive.

· Submitter objectisto the conclusion in the traffic section that there would be a ‘negligible’ effect on traffic in the area if a school with 104 students and two houses are allowed on Gollan Avenue without access to the school from Gollan Avenue.

· Submitter notes that previously, only staff at the school used Lincluden Place to access the parking area under the building, and parents and students utilised Gollan Avenue. Submitter raises concerns that if the site becomes a school and two houses, traffic and parking would be ‘chaotic’ in Lincluden Place.

· Submitter queries whether cars would be allowed to park on both sides of the street, noting it is narrow at the bottom of the hill and there have been many near-miss accidents.

· Submitter notes that the building is in a heritage conservation area. Submitter requests to be kept informed about the impact that may have on the design of the site.

Submission objecting the proposal is noted.

· The future land use for this site would need to comply with applicable development controls and will be subject to a future detailed planning assessment process.

· The Planning Proposal and draft Planning Agreement were publicly exhibited from Monday, 11 December 2023 to Friday, 9 February 2024. Stakeholders were notified through letters, a notice in Parra News, relevant material shared on City of Parramatta’s corporate website and Participate Parramatta, and hard copy materials were available at PHIVE, Dundas Library and Carlingford Library. All information that was available at the libraries in hard copy was accessible for online access.

· The Planning Proposal does not propose to amend the height of buildings control applying to the site.

· The Planning Proposal does not seek to alter any heritage provisions applying to the site. Any future Development Application (DA) for the site will be assessed against the applicable planning controls including Parramatta DCP 2023, and be accompanied by suitable justification (e.g. a Statement of Heritage Impact) to ensure any future development is respectful of the Burnside Homes Conservation Area.

Submitter from Lincluden Place,

Oatlands

Submitter objects the proposal.

· Submitter identifies several areas of concern to be carefully considered prior to approval being granted.

· Submitter states that the details on Council’s website about this proposal are unclear and more information is needed before residents can make an informed decision about whether or not the proposal is acceptable.

· Submitter raises particular concerns about the potential impact of traffic on Lincluden Place, stating is it crucial to understand how the proposed development may alter traffic patterns and access points in order to ensure the safety and convenience of the local community.

· Submitter raises concerns that Lincluden Place already experiences traffic congestion around school hours and that this would be exacerbated with the addition of more cars and/or construction vehicles, creating further challenges for residents.

· Submitter raises concerns that details on access to the proposed three dwellings are not clearly outlined and further information is needed before residents can evaluate the potential impacts on their neighbourhood.

· Submitter raises concerns that the documentation provided does not clearly define the types of dwellings proposed for the development and further information is required before residents can decide whether the proposal is acceptable.

· Submitter raises significant concerns about access to existing residences during construction as it is unclear whether construction vehicles would be using Lincluden Place as an entry point to the proposed development during construction, which would make it difficult for residents to access their homes. Submitter requests clarity on this issue.

· Submitter suggests that concerns be addressed and reviewed.

· Submitter considers that it would be beneficial for the community, especially direct neighbours, to have the opportunity to provide feedback and comments before any building works commence.

Submission objecting the proposal is noted.

· The future land use for this site would need to comply with applicable development controls and will be subject to a future detailed planning assessment process.

· Any matters relating to construction shall be addressed at the Development Application(s) stage.

· The Planning Proposal does not seek to alter any heritage provisions applying to the site. Any future Development Application (DA) for the site will be assessed against the applicable planning controls including Parramatta DCP 2023 and be accompanied by suitable justification (e.g. a Statement of Heritage Impact) to ensure any future development is respectful of the Burnside Homes Conservation Area.

Submitter from Lincluden Place,

Oatlands

Submitter supports the proposal, to an extent.

· Submitter requests for cars to not be permitted to park along the kerb of Lincluden Place and should only park in the parking area of the building, with drop-offs to occur at Gollan Avenue.

· Submitter notes that the residents in Burnside Garden only have one exit, via Glencoe Avenue.

Submission supporting the proposal to an extent is noted.

Submitter from Lincluden Place,

Oatlands

Submitter supports the proposal, to an extent.

· Submitter requests that traffic for construction, deliveries, residents and staff are to be from Gollan Avenue, with no parking of workmen and staff vehicles to be allowed in Lincluden Place at any time.

Submission supporting the proposal to an extent is noted.

Submitter from Strathalbyn Drive,

Oatlands

Submitter objects the proposal.

· Submitter states that a development of this nature would increase traffic flow in and out of Lincluden Place significantly.

· Submitter notes that there are already a number of drivers making illegal U-turns at the corner of Lincluden Place and Strathalbyn Drive during school pick up and drop off times and signage should be put in place to ban this.

· Submitter states it is unclear what the rezoning would permit the developer to achieve on the site and whether an amendment could be submitted for increased density.

· Submitter states there is currently traffic congestion at the entrance to Burnside Estate, on Glencoe Avenue, with parents parking on the lefthand side of the entry to the estate, which would be exacerbated with the proposed development, presenting traffic hazards and potentially causing accidents.

· Submitter notes that currently many drivers disregard the ‘no U-turn’ signage at the end of ‘Glencoe Place’, resulting in traffic congestion and safety hazards to pedestrians in the area.

· Submitter states that the existing heritage building along Pennant Hills Road should remain in its location.

· Submitter reiterates opposition to this proposal but suggests, if it were to go ahead, that all traffic be redirected via Gollan Avenue and not Lincluden Place.

Submission objecting the proposal is noted.

Local Planning Panel 16 April 2024 Item 6.2

PLANNING PROPOSAL

ITEM NUMBER 6.2

SUBJECT Request for Gateway and public exhibition: Planning Proposal for North-East Planning Investigation Area

REFERENCE F2022/03176 -

APPLICANT/S City of Parramatta

OWNERS N/A

REPORT OF Team Leader Land Use Planning

PURPOSE

The purpose of this report is to seek the Parramatta Local Planning Panel’s advice to Council on a request to the Department of Planning, Housing and Infrastructure for a Gateway Determination for a Planning Proposal for the land identified as the North-East Planning Investigation Area.

RECOMMENDATION

The Parramatta Local Planning Panel consider the following Council Officer recommendation in its advice to Council:

(a) That Council approve:

i) The Planning Proposal at Attachment 1 for the purposes of seeking a Gateway Determination from the Department of Planning, Housing and Infrastructure, for the land identified as the North East Planning Investigation Area which seeks the following changes to the Parramatta Local Environmental Plan 2011:

a. Increase the Maximum Floor Space Ratio from 0.8:1 to a range between 2:1 and 3.6:1.

b. Increase the Maximum Height of Building from 11m to a range between 24m and 40m (approximately 6 – 12 storeys).

ii) The supporting draft DCP amendments at Attachment 2 applying to the land in the North East Planning Investigation Area for the purposes of public exhibition.

(b) That Council advise the Department of Planning, Housing and Infrastructure that the CEO will be seeking to exercise its plan-making delegations for this Planning Proposal, as authorised by Council on 26 November 2012.

(c) That Council authorise the CEO if the Gateway determination is issued by the Department, that the draft DCP amendments are placed on public exhibition concurrently with the Planning Proposal.

(e) That Council delegates authority to the CEO to correct any minor anomalies of a non-policy and administrative nature that arise during the plan-making process.

PLANNING PROPOSAL TIMELINE

A blue and white chart with text

Description automatically generated

SUMMARY

1. This report seeks the advice of the Parramatta Local Planning Panel on a Planning Proposal for land identified as the North-East Planning Investigation Area for the purposes of seeking a Gateway Determination from the Department Planning, Housing and Infrastructure.

2. The Planning Proposal seeks to amend Parramatta Local Environmental Plan (LEP) 2023 and Parramatta Development Control Plan (DCP) 2023 to enable an appropriate response to the changes to the planning controls that come into effect on 1 July 2024 for the Church Street North Precinct that were made by the State Government through a State Environmental Planning Policy (SEPP).

3. The proposed LEP and DCP amendments for the North-East Planning Investigation Area respond to matters raised in the Church Street North SEPP Finalisation Report and the outcomes from the NEPIA Planning Strategy exhibition providing a transition in heights and density from the Church Street North Precinct to the Sorrell Street Heritage Conservation Area to the east.

4. The Planning Proposal forms part of ‘Phase 1’ of the work program endorsed by Council on 20 November 2023 to review the planning controls for the ‘Planning Investigation Areas’ adjacent to the Parramatta City Centre.

SITE DESCRIPTION

5. The North-East Planning Investigation Area (NEPIA) is a collection of 25 sites in the suburb of Parramatta adjacent to the east of the City Centre boundary as shown in Figure 1 below.

Figure 1: Parramatta City Centre (left) and the North-East Planning Investigation Area Boundaries (right)

6. The sites included are:

· 17, and 36, 38 and 40 Albert Street

· 1, 9, 11 and 17 Isabella Street

· 20, 23, 25 and 27 Harold Street

· 32, 33, 34, 34A and 37 Fennell Street

· 35, 36, 37, 38, 39 and 40 Grose Street

· 25 and 29 Sorrell Street

CURRENT PLANNING CONTROLS

7. The current Parramatta LEP 2023 controls that apply to the NEPIA are:

· Zoning R4 High Density Residential

· Maximum Height of Building control of 11 metres; and

· Maximum Floor Space Ratio (FSR) of 0.8:1.

8. No sites within the NEPIA are heritage listed; however, as shown in Figure 2 below, the NEPIA is adjacent to several heritage items and the Sorrell Street Heritage Conservation Area under Schedule 5 of the PLEP 2023.

9. The general DCP controls that apply to all R4 High Density Residential precincts in the LGA apply to this Precinct. There are no precinct specific controls.

Figure 2: Relevant planning and heritage considerations within proximity of the NEPIA.

A map of a city

Description automatically generated

OTHER RELEVANT PLANNING MATTERS

10. The western boundary of the NEPIA adjoins the Church Street North Precinct. The Department prepared SEPP (Church Street North Precinct) 2023 which introduces new planning controls for the land north of the river (refer to Figure 4) and is set to commence on 1 July 2024. A separate process is currently underway to progress amendments to Parramatta DCP 2023 to provide appropriate DCP controls that respond to, and correlate with, the Church Street North SEPP amendments, and anticipated to be reported to Council in the coming weeks.

11. Additionally, a proponent led site-specific planning proposal located within the NEPIA at 23-27 Harold Street, Parramatta (see black hatched area in Figure 2) is currently subject to a rezoning review. At the time of writing this report, the outcome of this review was not known to Council Officers.

BACKGROUND

12. On 20 November 2019, Council considered a report on the Parramatta CBD Planning Proposal (CBD PP) and resolved to defer a number of areas, including an area known as the North-East Planning Investigation Area from the broader CBD PP Planning Proposal it was considering at that time. This precinct was deferred to allow further options to be considered.

13. In June 2020, Council resolved to prepare a Planning Strategy for the NEPIA in response to a number of planning proposals that were submitted for parcels in the area. Public exhibition of the Planning Strategy occurred from March to April in 2021 and an overview of submissions received, and Council’s response is detailed further below in this report and in Attachment 3.

14. In finalising the CBD Planning Proposal (CBD PP) now formally known as Parramatta Local Environmental Plan 2011 (Amendment No 56), the Department removed the area north of the Parramatta River (known as the Church Street North Parramatta (refer to Figure 4)) from the CBD PP to undertake a State-led planning process.

15. In December 2023, the Department finalised a State Environmental Planning Policy (Church Street North Precinct) (‘CSN SEPP’) for the land north of the river that was previously removed from the CBD PP. As shown in Figure 3, the NEPIA is not subject to planning work by the State Government and thus Council can re-commence planning and technical investigation for the NEPIA.

Figure 3: Relationship between the forthcoming Parramatta City Centre boundary, the Department’s Church Street North Precinct (as per the SEPP); as well as the North East Planning Investigation Area.

NEPIA Planning Strategy

16. As discussed above Council endorsed a Planning Strategy for the NEPIA which sought feedback from the community on six built form options. A total of 194 submissions were received in response to the public exhibition with a stakeholder breakdown of:

· Landowners, Residents and Individuals: 181 Submissions

· Planning Consultants: 5 Submissions

· Public Authorities, Institutions and Interest Groups: 8 Submissions

17. Table 1 below displays a breakdown of the options preferred by submitters:

Table 1: Submitter preferred NEPIA Planning Strategy Options

Option	FSR and height proposed in Option for the entire NEPIA	Number in support	Percentage
Option 1	(0.8:1, 11m)	94	46.1%
Option 2	(2:1, 28m)	17	8.3%
Option 3	(3:1, 40m)	6	2.9%
Option 4	(4:1, 54m)	1	0.5%
Option 5	(5:1, 67m)	4	2.0%
Option 6	(6:1, 80m)	34	16.7%
Not Indicated	N/A	48	23.5%
Total		204	100%

Note: The total number of preferred options (204) is larger than the number of submissions (194) due to recording submitters who expressed their support for more than one option.

18. Key themes in the submissions included heritage impacts, scale and density, infrastructure pressures, traffic/ parking, character and overshadowing. Attachment 3 provides an analysis of the submissions and Council officer responses to the key themes.

19. The themes and issues raised in the submissions were used to inform the key design aspects of the proposed changes to the NEPIA.

DESCRIPTION OF THE PLANNING PROPOSAL

20. The Planning Proposal for the NEPIA seeks to amend the FSR and HOB Maps of the Parramatta LEP 2023 as per Table 2 below. Supporting DCP controls are also proposed as outlined below and detailed in Attachment 2. The proposed controls for the NEPIA consider the CSN SEPP and feedback from community submissions made to the exhibition of the NEPIA Planning Strategy in 2021.

Table 2: Existing and proposed LEP controls for the NEPIA

Controls	Current	Proposed
Land Zoning	R4	No Change (R4)
Floor Space Ratio	0.8:1	2:1, 3:1, 3.6:1
Height of Buildings	11m	24m (6 storeys), 40m (12 storeys)

The following section details the mapped changes between existing and proposed PLEP 2023 controls for the NEPIA.

Figure 4: Current and proposed amendments to PLEP 2023 maps

Land Zoning
Existing	Proposed – *NO CHANGE*
	**No change to land use zoning in the NEPIA*
Floor Space Ratio (FSR)
Existing	Proposed

Height of Buildings (HOB)
Existing	Proposed

Determining the height of building control and FSR for the NEPIA

21. The recommended height of building controls for the NEPIA are based on:

· the ‘viewshed’ approach detailed in the Department-commissioned consultant study that informed mapped building heights in the CSN SEPP. Applying a 60-degree field of view sightline, views to sky are maintained above buildings providing a transition in height and protecting the setting of the heritage conservation area. An extract from the consultant study on the viewshed approach is provided in Figure 5.

· creating a mapped skyline strategy which steps down from the concentrated height on Church Street towards the Sorrell Street HCA, but also northwards towards the surrounding low-scale residential areas of North Parramatta, as per Figures 6 and 7.

· an acknowledgement of sites within the CSN precinct north of Harold Street that are unlikely to redevelop due to large, 6- to 8-storey residential strata subdivisions.

Figure 5: Extract from the consultant report explaning the field of view sightline application (Source: Church Street North Urban Design Study)

A diagram of a person's body

Description automatically generated

22. The recommended FSR controls for the NEPIA are based on:

· Achieving workable FSRs that align with the proposed height of building controls.

· Reinforcing the height transition through inter building setbacks, street setbacks, building orientation, and location of landscape areas (see Figure 8).

· Creating workable residential floor plates within a slender tower form and podium, with space for deep soil and communal open space.

23. The recommended FSR and height limit for the site at 23-27 Harold Street, Parramatta (which is also currently subject to a rezoning review), was determined using the same built form principles and outcomes-based approach for the NEPIA. The maximum FSR of 3.6:1 and a 40m height limit is proposed for site noting this slightly higher FSR reflects the efficiencies of a smaller sized site (see Figure 4). Further details are contained in Attachment 1.

Figure 6: Council officer modelling showing how the stepped height of buildings as well as the inter building seperation with views to sky creates the transition between the Church Street North precinct and the sites within the NEPIA. Note that sites on Church Street North have been modelled to include potenial design excellence and place based bonuses. View 1 and 2 are taken from the public domain using 60 degree human view cone and illustrate that when bonuses are applied, the tops of towers can no longer be percieved. This reinforces the importance of combining principles of height transition with other methods of transition in the NEPIA.

A map of a city

Description automatically generated

Amendments to the Parramatta DCP 2023

24. To support the proposed amendments to the LEP outlined above, amendments are proposed to Part 8, Section 8.3 Neighbourhood Precincts in Parramatta DCP 2023.

25. Area specific DCP controls are considered necessary for the NEPIA primarily due to the heritage sensitivities and need to provide transition between the HCA and forthcoming new LEP controls for the Church Street North precinct. This new section of the Parramatta DCP will include objectives and controls for:

· The desired future character of the area, with consideration for existing context and how this precinct will redevelop incrementally over time,

· Minimum site requirements and preferred site amalgamation to ensure the objectives of future development in the area can be met,

· Heritage transition achieved through specified setbacks, street wall heights and building orientation,

· Deep soil and landscaping requirements for future amenity and to create a vegetated heritage setting,

· Consistent street setbacks that maintain heritage items as the dominant features of the streetscape and enable large canopy tree planting within the front setback zone,

· Tower separation to enable views to sky when observed from the Sorrell Street HCA (east), and

· Bespoke car parking rates that respond to the proximity to the City Centre and light rail infrastructure (see further discussion below).

Figure 7: Area specific DCP controls are proposed to achieve the Structure Plan for the North East PIA (buildings coloured red) and part of the Church Street North precinct (buildings coloured yellow).

A map of a city

Description automatically generated

26. Given the NEPIA consists only of R4 High Density Residential zoned land, the following Parts of the DCP will continue to apply in addition to the new site specific provisions proposed in Part 8: Part 2: Design in Context, Part 3: Residential Development, Part 5: Environmental Management, Part 6: Traffic and Transport and Part 7: Heritage and Archaeology. The details of these changes can be found in Attachment 2.

PLANNING PROPOSAL ASSESSMENT

Strategic Merit

27. A summary of how the subject Planning Proposal is consistent with the relevant policies is provided below, with Attachment 1 providing a full assessment of the Proposal’s consistency against relevant State Planning Policies and Ministerial Directions.

Greater Sydney Region Plan (GSRP) and Central City District Plan (CCDP)

28. The Planning Proposal is generally consistent with relevant state policies and planning strategies including the Greater Sydney Region Plan, Central City District Plan, and Ministerial Directions under Clause 9.1 of the Environmental Planning and Assessment Act 1979.

Local Strategies

29. The NEPIA falls just outside of the Parramatta CBD growth precinct identified within the LSPS and the LHS. The LSPS aims to encourage a more diverse range of housing, focusing on medium density housing for new growth and defining areas that meet the criteria to be a Housing Diversity Precinct. The NEPIA satisfies this diversity criteria and, with the proposed LEP controls in this Planning Proposal, can contribute to the delivery of a diversity of housing within Parramatta.

Site-Specific Merit

Urban design and heritage matters

30. Previous Council commissioned heritage studies (as discussed in the NEPIA Planning Strategy) are superseded by the SEPP process for the Church Street North precinct and the recommended principles and strategies in the Department’s Finalisation Report 2023 developed by specialist urban design and heritage input. For the NEPIA the relevant principles and strategies include responding to the adjoining HCAs and low scale residential uses by transitioning building heights downwards towards them and protecting view corridors.

31. The design process for the NEPIA has been carried out concurrent with the drafting of the Church Street North DCP. Consequently, these precincts and their surrounds have been treated as a whole to determine a recommended outcome. Based on a spatial analysis of the area, several key design objectives have been established to guide the design approach. These are related to:

· Creating continuity between the City Centre from south of the river, northwards along the Church.

· Considering a more residential focus for future development outcomes in North Parramatta.

· Providing transition to heritage conservation areas to be achieved through both stepped building heights and space between buildings through setbacks and building separation.

· Maintaining the highly vegetated character of North Parramatta for tree canopy within street setbacks and rear gardens at mid-block.

· Establishing building alignments that respond to the prevailing alignment of heritage items in the area.

· Responding to the landscape and river setting with a skyline that follows the topography along the ridge.

Although the design objectives and principles were developed for the whole area, the proposed LEP and DCP controls for the NEPIA are drafted so that they apply independently of the CSN SEPP area.

32. The recommendations for NEPIA are based on comprehensive approach to transition as required by the Department that includes a combination of both building height and site planning. The method for transition includes stepping in building height from Church Street properties to the Sorrell Street HCA, but also includes:

· Utilising detached buildings to mediate between perimeter block, podium tower development along Church Street and existing apartments and houses within the HCA,

· Locate vegetated setbacks and communal open space on the ground to provide landscape space as a frame/backdrop to heritage buildings and the HCA,

· Supporting deep soil zones on development sites, which enables canopy tree planting to be a setting to heritage,

· Ensuring any future development is setback from the prevailing heritage alignment on the street and that front setback zones support large canopy tree planting,

· Orientating the short edge of towers towards the HCA to minimise the bulk of towers perceived from the HCA,

· Maximising separation between towers where it can increase views to sky when observed from the HCA, and

· Encouraging slender tower forms and finer grain street wall typologies to tie into the surrounding lower scale context of North Parramatta.

This multifaceted approach to transition that has been applied to NEPIA sites is illustrated in Figure 8 below.

Figure 8: Methods for achieving transition and unifying development across the precinct through building heights and setbacks between Church Street and the Sorrell Street HCA.

A blueprint of a neighborhood

Description automatically generated

Potential impacts from State Government Reforms

33. If the Department’s proposed Low- and Mid-Rise Housing Reforms exhibited in late 2023 were to come into effect, the FSR and height of building control that would apply to the NEPIA and the Sorrell Street HCA are 3:1 and 21m, as both areas are within 400 metres of a transport node.

34. This does not include any additional density possible under the Housing SEPP’s 30% FSR and height bonus for affordable housing and was not factored into the Department’s Low- and Mid-Rise Housing Reforms. The impact of this on the CSN precinct and NEPIA is difficult to predict.

35. What is known is that for the NEPIA, the planning controls under the Reforms and as recommended in this report, would both result in approximately 500 dwellings; however, under the reforms because of the mismatch between the proposed FSR and height as identified in Council’s 26 February 2024 submission on the reforms, the following impacts are likely: Buildings will be bulky and setbacks to boundaries insufficient for the scale, with significant impacts upon deep soil and tree canopy loss contributing to reduced amenity and heat island effects.

36. In the Finalisation Report for CSN, the Department referred to the housing crisis and the need to provide certainty and accelerate housing delivery along the Parramatta light rail corridor. The proposed controls recommended by this Planning Proposal for the NEPIA demonstrate to the Department Council’s willingness to provide for additional density in areas well serviced by public transport and in a way that can responds sensitively to the heritage issues consistent with the principles and strategies in the Department’s Finalisation Report 2023.

Transport

37. The NEPIA is considered suitable for higher density residential development due to its proximity to the City Centre, accessibility to transport and employment opportunities. The site is located within a range of 100m to 350 metres walking distance to the Parramatta Light Rail stop and existing bus services; and highly accessible to pedestrian pathways and cycleways.

Traffic, Parking and Access

38. Council’s Integrated Transport Plan (ITP) considered growth as a result of the CBD PP and modelled residential parking rates delineating the difference between locations that are within 800m or a 10-minute walk approximately from Parramatta train station (Category A) and other locations at the CBD fringes considered remote from heavy rail (Category B) as shown in Figure 9.

39. Currently, Category A car parking rates apply to the City Centre (including the Church Street North precinct) via the LEP and are a maximum. Car parking rates for most areas outside the City Centre including the NEPIA are contained in PDCP 2023 and are a minimum. See Table 3 for a comparison of the car parking rates.

40. Work is currently underway to implement recommendations of the ITP, and Officers are recommending the ‘Category B’ ITP parking rates as outlined in Figure 9 as part of progressing the CBD PP ‘orange matters’. A separate LPP report on the CBD PP ‘orange matters’, will soon be reported to the Local Planning Panel.

Figure 9: Parramatta Residential Parking Rate Categories (taken from the Parramatta Integrated Transport Plan), the NEPIA is within the red circle.

A map of a city

Description automatically generated

Table 3: Comparison of number of car parking space requirements

Residential Parking Rate	Parramatta DCP current general controls that apply to the NEPIA – Minimum required number of spaces	ITP ‘Category A’ controls in PLEP 2023 Part 7 City Centre – Maximum required number of spaces	ITP ‘Category B’ recommended controls for inclusion in PDCP 2023 Part 8 precinct controls for the NEPIA– Maximum required number of spaces (proposed)
Studio	0.6	0.1	0.2
1 bedroom	0.6	0.3	0.4
2 bedroom	0.9	0.7	0.8
3+ bedroom	1.4	1.0	1.1

41. This report recommends applying the Category B parking rates to the NEPIA as a DCP control (see Attachment 2) for the following reasons:

· proximate to the City Centre and light rail, and generally subject to the same traffic conditions as the Church Street precinct, and

· the anticipated development typology (podium and tower) is the same as Church Street.

Flooding

42. Council has more recently exhibited the draft Parramatta River Flood Study 2023 and while the draft study is yet to be endorsed by Council, it is prudent for Council to assess the Planning Proposal against this updated Study. The Planning Proposal is also required to address Local Planning Direction 4.1 – Flooding, issued by the Minister for Planning under Section 9.1(2) of the EP&A Act 1979. Planning Proposals are required to demonstrate that they are consistent with the Direction and any inconsistency is required to be justified.

43. The draft Parramatta River Flood study shows that the majority of the NEPIA is unaffected by flooding except for a part of Fennell Street and Sorrell Street which are now subject to increased risk of Probable Maximum Flood (PMF) and increased hazard risk (see Figure 10), compared to current flood information.

44. For the affected sites in Fennell Street, the recommended pattern of lot consolidation as proposed in the area specific DCP controls for the NEPIA (Attachment 2) means egress to an unaffected part of the street with rising road access outside PMF is possible. For the affected sites in Sorrell Street, even with the recommended pattern of lot consolidation, horizontal egress is not a safe option. In this case, vertical evacuation would be required with the specific requirements able to be managed at the Development Application stage.

45. Any future development on the site will need to respond to the Flood Risk Development Manual and the relevant controls contained within the PLEP 2011 and the Parramatta Development Control Plan 2011.

Figure 10: Extract of the NEPIA consolidation/ structure plan showing the sites under the draft Parramatta Flood Study 2023 affected by the PMF and the hazard affectation.

PMF	Hazard

46. Infrastructure, social, economic and environmental impacts are considered minimal and discussed in the Planning Proposal at Attachment 1.

PLAN MAKING DELEGATIONS

47. Plan making delegations were announced by the then Minister for Planning and Infrastructure in October 2012 allowing councils to make LEPs of local significance. On 26 November 2012, Council resolved to accept the delegation for plan making functions, and for these functions be delegated to the Chief Executive Officer.

48. It is recommended that Council request to the Department of Planning, Housing and Infrastructure to exercise its plan making delegations for this Planning Proposal. This means that after the Planning Proposal has received a Gateway Determination, complied with any conditions (including any requirements for public exhibition), Council officers can deal directly with the Parliamentary Counsel on the legal drafting and finalisation of the amendment to the LEP facilitated by this Planning Proposal.

FINANCIAL IMPLICATIONS FOR COUNCIL

49. If Council resolves to endorse this report in accordance with the recommendation, there are no unbudgeted financial implications for Council’s budget. Costs associated with the public exhibition of the Planning Proposal and the DCP will be funded from existing Strategic Land Use Planning budget allocations.

50. The table below summarises the financial impacts on the budget arising from approval of this report.

	FY 22/23	FY 23/24	FY 24/25	FY 25/26
Revenue
Internal Revenue
External Revenue
Total Revenue	NIL	NIL	NIL	NIL

Funding Source	NIL	NIL	NIL	NIL

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	NIL	NIL	NIL	NIL

Funding Source	NIL	NIL	NIL	NIL

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	NIL	NIL	NIL	NIL

CONSULTATION AND TIMING

Councillor Consultation

51. The following Councillor consultation has been undertaken in relation to this matter:

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
18 March 2024	Standard briefing session prior to Council meeting	In relation to the NEPIA, include in the exhibition documentation an explanation and visual representation of the height and FSR that may be achieved under the State Government’s exhibited Low and Mid Rise Housing Reforms.	Council’s website which includes FAQs that form the NEPIA notification will include the required information.	Group Manager – City Strategic Planning

CONCLUSION AND NEXT STEPS

52. This report recommends Council endorse and forward the Planning Proposal at Attachment 1 to the Department with a request for a Gateway Determination, and that Council endorse the DCP amendment at Attachment 2 for public exhibition concurrently with the Planning Proposal.

53. Community consultation will be undertaken as required by the Gateway Determination.

Issa Trad

Team Leader Land Use Planning

Janelle Scully

Land Use Planning Manager

Robert Cologna

Group Manager, Strategic Land Use Planning

Jennifer Concato

Executive Director City Planning and Design

Attachments:

1 ⇩	North-East Planning Investigation Area Planning Proposal	47 Pages
2 ⇩	Proposed DCP Amendments	17 Pages
3 ⇩	NEPIA Planning Strategy Community Engagement Report	11 Pages

REFERENCE MATERIAL

1 ⇩	Combined Assessment Report and draft conditions	43 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	34 Pages
4	Internal Plans used during assessment (confidential)	18 Pages
5 ⇩	Complete Heritage impact	61 Pages