Agenda of Local Planning Panel - Tuesday, 17 September 2024

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 ACKNOWLEDGMENT OF THE TRADITIONAL OWNERS OF LAND

The City of Parramatta Council acknowledges the Burramattagal people of The Darug Nation as the traditional owners of land in Parramatta and pays its respects to their ancient culture and to their elders, past, present and emerging.

2 WEBCASTING ANNOUNCEMENT

This public meeting will be recorded. The recording will be archived and available on Council’s website.

All care is taken to maintain your privacy; however if you are in attendance in the public gallery, you should be aware that your presence may be recorded.

3 APOLOGIES

4 DECLARATIONS OF INTEREST

5 Reports - Development Applications

5.1 OUTSIDE PUBLIC MEETING: 72 Weston Street, HARRIS PARK NSW 2150 (Lot C DP 153219)................... 6

5.2 PUBLIC MEETING: 36 Keeler Street, CARLINGFORD NSW 2118 (Lot 8 DP 202217)........................................... 51

5.3 PUBLIC MEETING: 74 Keeler Street, CARLINGFORD NSW 2118 (Lot 20, DP32722)...................................... 145

5.4 PUBLIC MEETING: 13 Cowells Lane, ERMINGTON NSW 2115 (Lot 1 DP 30564)........................................... 362

Nil

6 Confidential Matters

6.1 Confidential - Land and Environment Court Proceedings - 5 Mary Street, Northmead

This report is confidential in accordance with section 10A (2) (e) (g) of the Local Government Act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law; AND 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.

Local Planning Panel 17 September 2024

DEVELOPMENT APPLICATION

ITEM NUMBER 5.1

SUBJECT OUTSIDE PUBLIC MEETING: 72 Weston Street, HARRIS PARK NSW 2150 (Lot C DP 153219)

DESCRIPTION 72 Weston Street, HARRIS PARK
Lot C DP 153219

REFERENCE DA/202/2024 - D09518763

APPLICANT/S L Craggs

OWNERS M Romanos

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Approval

DATE OF REPORT 26 August 2024

REASON FOR REFERRAL TO LPP

This application is being referred to LPP due to a Building Height variation of more than 10%.

EXECUTIVE SUMMARY

Development Application DA/202/2024 was lodged on 8 April 2024 for the alterations and additions to an existing dwelling, with the addition of a pool. Associated civil engineering, earthworks and landscaping is also proposed.

In accordance with the Parramatta Notification Plan the Development Application was notified and advertised. In response, zero (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 proposal exceeds the maximum permissible Building Height by 1.3m (at furthest extent) which is a 21% variation to the development standard.

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 development is appropriately located within the locality and some variations (as detailed in this report) in relation to the Parramatta Local Environmental Plan 2023 are sought. The request to vary the heigh of buildings standard is considered to be well founded for reasons including, but not limited to, the constraints imposed by the site and the numerical break that does not unreasonably impact on the site’s residential amenity.

Having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is recommended Development Application No. DA/202/2024 be approved.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, support the Clause 4.6 variation to the Height of Buildings for the following reasons:

a) The departure representing a variation of 21% from the standard is reasonable and allows for a transition of height that is sympathetic with the existing topography whilst providing good urban design.

b) The departure does not result in adverse amenity impacts to adjoining developments.

c) Despite the departure the development remains generally consistent with the controls and provisions of PDCP 2023.

d) The variation to the height does not result in unreasonable perception of bulk and scale.

(b) Further, that the Parramatta Local Planning Panel, exercising the function of the consent authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, approve development consent to DA/202/2024 for the alterations and additions to residence, plus new pool on land at 72 Weston Street, Harris Park, subject to conditions of consent.

REASONS FOR APPROVAL

1. The development is permissible in the R2 zone pursuant to the Parramatta Local Environmental 2023 and satisfies the requirements of all applicable planning standards controls.

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

3. The development will provide facilities and services which meet the day to day needs of residents.

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

Tara Mendoza-Kehlet

Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	24 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	10 Pages
4	Internal plans used during assessment (confidential)	5 Pages
5 ⇩	Clause 4.6 variation request	8 Pages

REFERENCE MATERIAL

Local Planning Panel 17 September 2024 Item 5.2

DEVELOPMENT APPLICATION

ITEM NUMBER 5.2

SUBJECT PUBLIC MEETING: 36 Keeler Street, CARLINGFORD NSW 2118 (Lot 8 DP 202217)

DESCRIPTION Demolition, tree removal and construction of a 5-storey Co-Living Housing development comprising 44 rooms over basement parking.

REFERENCE DA/324/2024 - D09518790

APPLICANT/S Mr S Choi

OWNERS Legend Australian Investment Pty Ltd

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 21 August 2024

REASON FOR REFERRAL TO LPP

The application received more than 10 unique submissions during the notification period.

EXECUTIVE SUMMARY

This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 4.15 Assessment Report.

The development application seeks approval for the demolition, tree removal and construction of a 5-storey co-living housing development comprising of 44 rooms over basement parking.

It is noted that A Class 1 deemed refusal Appeal was filed on the 6 August 2024 with the Land and Environment Court. Therefore, the application requires determination.

The site is a narrow allotment and is also flood affected. The application was referred to Council’s Catchment Engineer who raised concerns that the development is in an area with high flood depth and velocity and that the current design of the development as well as the inadequate design of flood management measures compounds the risk of flooding and therefore cannot be supported in its current form.

An easement is required over a downstream property to allow connection to a Council pipeline located within a neighbouring site. It is noted that there is insufficient information lodged with the application to assess the easement pipeline connection, including the owner’s consent of the burdened property.

The design of the development is a poor design outcome which does not consider the narrowness of the site. It prioritises maximum development by providing non-compliant building separation which has compromised internal amenity as well as the amenity of adjoining developments. The design of the development has not satisfactorily resolved the ground plane with the protrusion of the basement level more than 1m above NGL which results in a disconnect with the street and the front setback being occupied by stairs and ramps, further reducing landscaping opportunities in this area.

The unresolved design issues around the ground plane of the development have also resulted in a minor encroachment to the maximum height of the site. However, due to the poor urban design outcomes, the departure to the maximum height cannot be supported.

Council has also not received a response to the request for additional information, including an amended arborist report and landscape plan and revision of the proposal to address accessibility issues.

Except for Council’s Catchment Engineer, Landscape Officer, Universal Access Officer and DEAP, Council’s Waste Officer, Environmental Health Officer and Traffic Engineer raised no objections to the proposal, subject to conditions of consent.

The application was notified/advertised and received 19 unique submissions within the notification period and a further 5 submissions outside of the notification period. The issues raised in the submissions related to permissibility, site suitability, built form, overdevelopment, solar access, visual and acoustic privacy, safety and security, bulk and scale, overcrowding, compatibility of local area, traffic, parking, pedestrian safety, amenities, on-site stormwater, infrastructure impacts, environmental impacts, community consultation, insufficient information and property values.

Notwithstanding, for reasons stated above, Council cannot support the application and is recommending refusal.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, refuse development consent to DA/324/2024 for the demolition, tree removal and construction of a 5-storey co-living housing development comprising 44 rooms over basement parking.

(b) Further, that submitters are advised of the decision.

REASONS FOR REFUSAL

1. Written consent from the owners of 38 Keeler Street, Carlingford has not been provided in accordance with Clause 23 Persons who may make development applications and Clause 24 Content of development applications of the Environmental Planning and Assessment Regulations 2021.

2. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with the requirements of the State Environmental Planning Policy (Building Sustainability) 2022 and Section J of the National Construction Code (NCC) – Volume 1.

3. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with the requirements of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 – Chapter 2 Vegetation in Non-Rural Areas

4. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with the requirements to the following clauses of the State Environmental Planning Policy (Housing) 2021, Chapter 3 – Diverse Housing, Part 3 – Co-Living:

a. Section 68 – Non-discretionary development standards

b. Section 69 – Standards for co-living housing

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

a. Clause 2.3 Zone objectives and Land Use Table

b. Clause 4.3 Height of buildings

c. Clause 4.6 Exceptions to Development Standards

d. Clause 5.21 Flood Planning

e. Clause 6.2 Earthworks

f. Clause 6.5 Stormwater Management

6. In accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposal does not comply the following parts of the Parramatta Development Control Plan 2023:

a. Part 2, Section 2.3 Preliminary Building Envelope,

b. Part 2, Section 2.4 Building Form and Massing

c. Part 2, Section 2.5 Streetscape and Building Address

d. Part 2, Section 2.6 Fences

e. Part 2, Section 2.7 Open Space and Landscape,

f. Part 2, Section 2.9 Public Domain,

g. Part 2, Section 2.11 Access for People with a Disability,

h. Part 2, Section 2.14 Safety and Security

i. Part 3, Section 3.1.3 Accessible and Adaptable Housing,

j. Part 3, Section 3.2.1 Solar Access and Ventilation,

k. Part 3, Section 3.2.2 Visual and Acoustic Privacy,

l. Part 3, Section 3.5.1.1 Minimum site frontage and site area,

m. Part 3, Section 3.5.1.2 Preliminary Building Envelope,

n. Part 3, Section 3.5.1.4 Open Space and Landscape,

o. Part 3, Section 3.6.1 Site Consolidation and development on isolated sites

p. Part 5 Section 5.1 Water Management

q. Part 5 Section 5.2.4 Control of Spol Erosion and Sediment

r. Part 5 Section 5.2.4 Earthworks and Development of Sloping Land

s. Part 5, Section 5.3 Protection and Natural Environment

t. Part 5, Section 5.4 Environmental Performance

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

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

Denise Fernandez

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	46 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Plans used during assessment	35 Pages
4	Internal plans used during assessment (confidential)	10 Pages
5 ⇩	Addendum to section 4.15 Report - Clause 4.6 - Height

REFERENCE MATERIAL

Local Planning Panel 17 September 2024 Item 5.3

DEVELOPMENT APPLICATION

ITEM NUMBER 5.3

SUBJECT PUBLIC MEETING: 74 Keeler Street, CARLINGFORD NSW 2118 (Lot 20, DP32722)

DESCRIPTION Demolition, tree removal and construction of a 5 storey Co-Living Housing development comprising of 43 rooms over basement parking.

REFERENCE DA/317/2024 - D09518902

APPLICANT/S J Zeng

OWNERS TEXCO Design

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 26 August 2024

REASON FOR REFERRAL TO LPP

The application received more than 10 unique submissions during the notification period.

EXECUTIVE SUMMARY

This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 4.15 Assessment Report.

The development application seeks approval for the demolition, tree removal and construction of a 5-storey co-living housing development comprising of 43 rooms over basement parking.

It is noted that A Class 1 deemed refusal Appeal was filed on the 31 July 2024 with the Land and Environment Court. Therefore, the application requires determination.

The site is a narrow allotment and has 4.6% slope from the front, south-west corner to the rear, north-east corner of approximately 2.68m metres over a distance of 57.8 metres.

An easement is required over a downstream property to allow the site to drain into Carlingford Road. However, the development has proposed excessive fill on site to achieve drainage towards Keeler Street.

The design of the development is a poor design outcome which does not consider the narrowness of the site. It prioritises maximum development by providing non-compliant building separation which has compromised internal amenity as well as the amenity of adjoining developments. The design of the development has not satisfactorily resolved the ground plane with the protrusion of the basement level more than 1m above NGL which does not allow for a satisfactory streetscape presentation, visual interest nor does it reinforce the character and scale of the low-density residential areas opposite the site.

Except for Council’s Catchment Engineer, Landscape Officer, Universal Access Officer, Biodiversity Planning Officer, Wate and Cleansing team and DEAP, Council’s Waste Officer, Environmental Health Officer and Traffic Engineer raised no objections to the proposal, subject to conditions of consent.

The application was notified/advertised and received 14 unique submissions within the notification period and a further 8 submissions outside of the notification period. The issues raised in the submissions related to site suitability, built form, overdevelopment, solar access, visual and acoustic privacy, safety and security, bulk and scale, overcrowding, compatibility of local area, traffic, parking, pedestrian safety, amenities, infrastructure impacts, noise pollution, environmental impacts, insufficient information and property values.

Notwithstanding, for reasons stated above, Council cannot support the application and is recommending refusal.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel, exercising the function of the consent authority, refuse development consent to DA/317/2024 for the demolition, tree removal and construction of a 5-storey co-living housing development comprising 43 rooms over basement parking

(b) Further, that submitters are advised of the decision.

REASONS FOR REFUSAL

1. In accordance with Part 3 Development Applications of the Environmental Planning and Assessment regulations 2021, the proposal does not comply with the requirements Division 1 Making development applications in relation to the following sections:

a. Section 23 Persons who may make development applications

b. Section 24 Content of development applications

2. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with the requirements of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 – Chapter 2 Vegetation in Non-Rural Areas

3. In accordance with Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with the requirements to the following clauses of the State Environmental Planning Policy (Housing) 2021, Chapter 3 – Diverse Housing, Part 3 – Co-Living:

a. Section 68 – Non-discretionary development standards

b. Section 69 – Standards for boarding houses

a. Section 2.3 Zone objectives and Land Use Table

b. Section 4.3 Height of buildings

c. Section 4.6 Exceptions to Development Standards

d. Section 6.2 Earthworks

e. Section 6.3 Biodiversity

f. Section 6.5 Stormwater Management

5. In accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposal does not comply the following parts of the Parramatta Development Control Plan 2023:

a. Part 2, Section 2.3 Preliminary Building Envelope,

b. Part 2, Section 2.4 Building Form and Massing

c. Part 2, Section 2.5 Streetscape and Building Address

d. Part 2, Section 2.6 Fences

e. Part 2, Section 2.7 Open Space and Landscape,

f. Part 2, Section 2.9 Public Domain,

g. Part 2, Section 2.11 Access for People with a Disability,

h. Part 3, Section 3.2.2 Visual and Acoustic Privacy,

i. Part 3, Section 3.4.1.2 Preliminary Building Envelope,

j. Part 3, Section 3.6.1 Site Consolidation and development on isolated sites

k. Part 5 Section 5.1 Water Management

l. Part 5 Section 5.2.4 Earthworks and Development of Sloping Land

m. Part 5, Section 5.3 Environmental Performance

n. Part 5, Section 5.4.8 Waste Management

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

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

Attachments:

1 ⇩	Assessment Report	36 Pages
2 ⇩	Locality map	1 Page
3 ⇩	Land Use Zone Map	1 Page
4 ⇩	Statement of Environmental Effects	66 Pages
5 ⇩	Plans used during assessment	29 Pages
6	Internal floor plans (confidential)	19 Pages
7 ⇩	Clause 4.6 Departure - Height	11 Pages
8 ⇩	Plan of Management	19 Pages
9 ⇩	Arborist Report	42 Pages
10 ⇩	PLPP Memo - 74 Keeler Street - Cl 4.6 - Height	7 Pages

REFERENCE MATERIAL

Item 5.3 - Attachment 4

Statement of Environmental Effects

PDF Creator

Local Planning Panel 17 September 2024 Item 5.4

DEVELOPMENT APPLICATION

ITEM NUMBER 5.4

SUBJECT PUBLIC MEETING: 13 Cowells Lane, ERMINGTON NSW 2115 (Lot 1 DP 30564)

DESCRIPTION Demolition of existing structures, tree removal and construction of a two storey 76 place centre based child care centre with basement parking for 19 vehicles.

REFERENCE DA/22/2024 - D09518928

APPLICANT/S Janssen Group Pty Ltd

OWNERS Mr P Tohme

REPORT OF Group Manager Development and Traffic Services

RECOMMENDED Refusal

DATE OF REPORT 27 August 2024

REASON FOR REFERRAL TO LPP

This development application is being referred to Parramatta Local Planning Panel as the application received more than 10 unique objections.

EXECUTIVE SUMMARY

This is a summary of the full assessment of the application as outlined in Attachment 1, the Section 4.15 Assessment Report.

The Development Application, DA/22/2024 was lodged to Council on 16 January 2024 for the demolition of existing structures, tree removal and construction of a two storey 84 place centre based childcare facility with basement parking for 21 vehicles.

The proposal was modified on 21 June 2024, reducing the number of children from 84 to 76, and the number of car parking spaces from 21 spaces to 19 spaces.

The site and surrounding properties are zoned R2 Low Density Residential.

In accordance with the Parramatta Consolidated Notification Procedures, the Development Application was notified from 25 January to 16 February 2024. In response 14 unique submissions were received raising the following concerns: traffic, parking, overlooking, overshadowing, tree removal, landscaping, noise during construction, noise during use, number of existing childcare centres in the area, commercial use within a residential area, rear setback, insufficient / incomplete documents, Floor space ratio calculated incorrectly, streetscape /character of the area and first floor outdoor play area. The issues raised by the objectors have been addressed within the report.

The Design Excellence Advisory Panel, Council’s Landscape Officer and Council’s Development Engineer, reviewed the application, and do not support the proposal.

Council’s Traffic Engineer and Environment and Health Officer reviewed the application, and can support the application, subject to conditions.

The site falls to the rear, and it is considered that an easement is required to drain the site. The proposed downstream easement (via 15A Cowells Lane) is not at the low point of the site and does not allow for emergency flows to be directed to the easement.

In this regard, the applicant was requested to seek out an easement from the downstream property owners to drain the site (No. 6 Blakeford). The applicant has failed to provide owners consent from the downstream property owners (No. 6 Blakeford Avenue) for an easement through their property. The application has not

satisfactorily demonstrated adequate stormwater management for the proposed development, and this forms part of the reasons for refusal.

The proposal is inconsistent with the relevant requirements of Chapter 3 Educational establishments and childcare facilities of SEPP (Transport and Infrastructure) 2021, Child Care Planning Guideline, Parramatta Local Environmental Plan 2023 and the Parramatta Development Control Plan 2023. Issues and non-compliances relate to the minimum outdoor play area, setbacks, deep soil areas, landscaping, height of the building, bulk and scale and stormwater management.

Having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act, it is recommended Development Application No. DA/22/2024 be refused.

RECOMMENDATION

(a) That the Parramatta Local Planning Panel (PLPP), exercising the functions of the consent authority, refuse Development Application No. 22/2024 for demolition of existing structures, tree removal and construction of a two storey 76 place centre based childcare centre with basement parking for 19 vehicles at 13 Cowells Lane, Ermington.

(b) Further, that Council advise those who made a submission of the determination

REASONS FOR REFUSAL

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

a. Part 3.22, Centre-based child care facility—concurrence of Regulatory Authority required for certain development

b. Childcare Planning Guidelines Part 3.1 Site selection and location

c. Childcare Planning Guidelines Part 3.2 Local Character, Streetscape and Public Domain Interface

d. Childcare Planning Guidelines Part 3.3 Building Orientation, Envelope and Design

e. Childcare Planning Guidelines Part 3.4 Landscaping

f. Childcare Planning Guidelines Part 3.5 Visual and Acoustic Privacy

g. Childcare Planning Guidelines Part 4.9 Outdoor Space Requirements

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

a. Clause 4.3 Height of Buildings

b. Clause 6.5 Stormwater Management

3. In accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposal does not comply the following parts of the Parramatta Development Control Plan 2023:

a. Part 2 Design in Context

i. 2.3 Preliminary Building Envelope, C.05 & C.06

ii. 2.4 Building form and massing, C.01-C.04

iii. 2.5 Streetscape and building address, C.01, C09

iv. 2.7 Open space and landscape, C.01-C.04

b. Part 3 – Residential Controls

i. 3.2.1 Solar Access and Cross Ventilation, C.01, C.02

ii. 3.2.2 Visual and Acoustic Privacy, C.01, C.02, C.03, C.09

iii. 3.3.1.2 Preliminary building envelope, C.01, C.10

iv. 3.3.1.4 Open Space and Landscape, C.02

c. Part 4 – Non Residential development

i. 4.6 Centre Based child care facilities, C.01-C.05

d. Part 5 – Environmental Management

i. 5.1.3 Stormwater Management

ii. 5.2.4 Earthworks and development on sloping land

iii. 5.3.4 Tree and Vegetation Preservation

e. Par 6 – Traffic and Transport

i. 6.2 Parking and Vehicular Access, C12

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

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

Ashleigh Kizana

Senior Development Assessment Officer

Attachments:

1 ⇩	Assessment Report	48 Pages
2 ⇩	Locality Map	1 Page
3 ⇩	Architectural plans	10 Pages
4 ⇩	Architectural plans - Internal floor plans	14 Pages

REFERENCE MATERIAL