MINUTES
Parramatta Local Planning
Panel
Tuesday, 16 July 2024
3.30pm
Level 3, PHIVE
Parramatta Square, Parramatta
PANEL MEMBERS
Richard Pearson (Chairperson)
Heather Warton (Expert Member)
Patrick Hurley (Expert Member)
Heather Joung (Community Member)
STAFF MEMBERS
Team Leader Strategic Land Use
Planning - Sonia Jacenko, Senior Project Officer – Darya Fatah, Legal
Support Officer - Christine Treadgold, Senior Solicitor - Carlo Zoppo,
Governance Officer (minute secretary) – Neeli Sharma
1. ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND
The Chairperson, acknowledged the Burramattagal
people of The Dharug Nation as the traditional land owners of land in
Parramatta and paid respect to their ancient culture and to their elders past,
present and emerging.
2. WEBCASTING ANNOUNCEMENT
The Chairperson advised that this public
meeting is being recorded. The recording will be archived and made available on
Council’s website.
3. APOLOGIES
There were no
apologies made to this Local Planning Panel.
4. DECLARATIONS OF INTEREST
There were no
declarations of interest made to this Local Planning Panel.
4A. PUBLIC
SPEAKERS
The meeting
commenced at 3.30 pm. No speakers were registered to address the Parramatta
Local Planning Panel (‘the Panel’).
5. Reports – planning proposals
5.1
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SUBJECT Request for Gateway - Harmonisation 'Orange Matters' and
Housekeeping Amendment to the PLEP 2023
APPLICANT/S City of Parramatta
Council
OWNERS City
of Parramatta Council and multiple landowners
REPORT OF Senior
Project Officer
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PANEL ADVICE
That the Parramatta Local Planning Panel (LPP)
advised the following:
(a) That Council approve
the recommended pathways for resolving the outstanding ‘Orange
Matters’ arising from the exhibition of the Parramatta Harmonisation
Planning Proposal as detailed in Attachment 1.
(b) That Council approve
the ‘housekeeping’ and administrative changes to the PLEP 2023
contained in Attachment 2.
(c) That Council approve
the Parramatta Harmonisation Supplementary Matters and Housekeeping Planning
Proposal at Attachment 3 for the purpose of seeking a Gateway Determination
from the Department of Planning, Housing and Infrastructure.
(d) That Council endorse to
maintain the prohibition of Places of Public Worship in the R2 Low Density
zone and include Places of Public Worship as an Additional Permitted Use on
land with an existing Places of Public Worship in the R2 Low Density zone;
and update the Planning Proposal at Attachment 3 with the associated
amendments prior to forwarding the Planning Proposal to the Department of
Planning, Housing and Infrastructure.
(e) 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.
(f) 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.
(g) In inserting the dwelling mix clause into the LEP, the
LPP considers that Council needs to consider:
·
whether this will just create a more
bureaucratic process whereby developers that seek to vary the provision now
in the DCP will now still seek to vary it via Clause 4.6 variations and
whether the supporting objectives proposed are adequate to maintain Council’s
policy position;
·
the adequacy of research undertaken
to justify the provision and whether there is likely to be any unintended
consequences on housing supply as a result.
(h) With
regard to the proposed provision to enable sports ground advertising as
‘exempt’ development, the LPP recommends Council also precluding
gambling advertising in addition to the other proposed forms of
advertising to which the provision will not apply.
(i)
In prohibiting Places of Public Worship in the R2 Low Density Zone, Council
should ensure all faiths are currently adequately catered for and/or that
sufficient opportunities exist for new Places of Public Worship in other
zones in the LGA.
VOTING
Unanimous
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FROM CLOSED SESSION
16 July 2024
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RECOMMENDATION:
NOTE
Members of the press and public be excluded from the
meeting of the Closed Session and access to the correspondence and reports
relating to the items considered during the course of the Closed Session be
withheld. This action is taken in accordance with Section 10A(s) of the Local
Government Act, 1993 as the items lists come within the following
provisions:-
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Confidential - Land and
Environment Court Proceedings - 1 Tracey Street, Carlingford. (D09518150) - This
report is confidential in accordance with section 10A (2) (g) of the Local
Government Act 1993 as the report contains advice concerning litigation, or
advice that would otherwise be privileged from production in legal proceedings
on the ground of legal professional privilege.
6. confidential matters
6.1
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SUBJECT Confidential - Land and Environment Court Proceedings - 1 Tracey
Street, Carlingford
DESCRIPTION Class 1 Appeal against
refusal of DA/424/2023 seeking approval for the constructions of a two-storey
72 place child care centre with basement carparking
APPLICANT/S 1 Tracey Pty Ltd
OWNERS 1
Tracey Pty Ltd
REPORT OF Group Manager Development
and Traffic Services
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PANEL DECISION
(a) That
having regard to the legal opinion, that the
appeal has poor prospects of success given the amended application, the
advice of Council’s Planning Officer and due to the lack of any expert
evidence to support a refusal based on the amended application (and risk of
an adverse costs order) the PLPP direct Council to resolve the Class 1 appeal
by way of a section 34 conciliated agreement.
(b) Further that delegation
be granted to the Chief Executive Officer of the City of Parramatta Council
who in turn may sub-delegate to Council Officers nominated by the Chief
Executive Officer, to negotiate and enter into an Agreement, with the
Applicant pursuant to section 34 of the Land and Environment Court Act, on
the basis of the set of without prejudice amended plans and attached proposed
conditions of consent, which may be approved by the court.
VOTING
Unanimous
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The meeting terminated at 3.39pm.
Chairperson