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PANEL’S
DECISION
(a) 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/488/2024, subject
to conditions of consent in attachment 1 of the Council Officer’s
report with additions and edits made to the conditions as outlined below.
Condition 1 - PA0001 –
#Approved Plans & Supporting Documents
Amend to delete the Schedule Drawings table.
Reason for amending condition: The Schedule
Drawings are conceptual only and do not provide the final internal layout of
all areas. Key layouts are included on the architectural plans.
Condition 16 – PA0011 -
##Demolition of Buildings
Delete
16(l) to remove the requirement for 1.8m high protective fencing and renumber
remaining items.
Reason
for amending condition: No external works are proposed therefore a 1.8m high
perimeter fence is unnecessary. Site security to be addressed through amended
condition 25.
Condition 17 - PA0017- Parra City
Centre Local Infrast. Contrib - Amend 2
Amend to change the monetary
contribution from $415,195.66 $307,341.85.
Reason for amending condition:
Council advised that an amended QS report was submitted by the applicant on
11th December 2024 to reflect a revised construction methodology.
Condition 18 – LB0001 –
Planter Box Details
Amend to delete reference to ‘ground
floor’
Reason for amending condition: No ground
floor planter boxes proposed.
Condition 25 – PC0002 –
Enclosure of the site
Amend to read as follows: ‘The site
must be secured at all times to prevent unauthorised access. Details of how
the site will be secured must be provided to, and to the satisfaction of, the
Principal Certifier prior to the commencement of any work on site.’
Reason for amending condition:
To ensure public safety by securing entrance points.
Condition 29 – DC0001 –
Construction and Traffic Management Plan Delete 29(a)(ii) and renumber remaining items.
Reason for amending condition: The site is a
heritage item with limited access making it impossible to comply with this
requirement.
Condition 31 – EWD0004 – Hazardous/intractable
waste disposed of in accor.
Amend the condition title to read
‘Hazardous/intractable waste disposed of in accordance with the
requirements of Safework NSW’
Condition 41 – PD0010 – Survey Report
Delete this condition.
Reason for amending condition: The building is an existing heritage
item and the footprint is not proposed to be changed therefore a survey
report unnecessary.
Condition 53 – PENSC Non
standard – Prior to issue of Occ/Sub cert.
Be amended to read as follows
‘The DRAFT Plan of Management (POM), dated November 2024, is to be
updated and finalised, with any additional requirements/additions of the NSW
Police. The POM is to be to the satisfaction of the NSW Police, the Principal
Certifier and approved by Council’s Director Planning. In this regard
written agreement should be obtained from the Licensing Unit of Parramatta
PAC, of the NSW Police, stating that they are satisfied with the final POM,
prior to the issue of an occupation certificate and the premises commencing
operations.
Reason: To
ensure relevant requirements of NSW Police are achieved
Reason for amending condition: To ensure NSW Police requirements are
addressed and Council endorses the Plan of Management.
Condition 57 – Non standard
condition
Be amended to change ‘prior to the
release of the Construction Certificate’ to ‘prior to the release
of the Occupation Certificate’.
Reason for amending condition: Council advise the Flood Emergency
Response Plan was submitted as part of the Development Application process
and has been reviewed by council. The applicant requested this condition be
deleted however Council advise the condition must remain and can be amended
to change when the FERP is to be formally submitted to council.
Condition 66 – EAF0009 –
Use of Premises
To read as follows:
EAF0009 Use
of Premises
a)
The use of the premises not giving rise to:
(a)
Transmission of unacceptable vibration to any place of
different occupancy;
(b)
Entertainment Noise from all emitters must not exceed the Venue Noise
Criteria, equivalent to the Noise Category Cumulative Levels specified in
Table 10.4.2 of the Parramatta Late Night Trading DCP minus 5dB by reference
to Table 10.4.2 – Noise Category Levels in the City Centre and
immediate surrounds, at any surrounding premise lot boundary, 1.5 metres
above the floor level of all floors up to the maximum allowable building
height, as defined in the LEP.
Reason: To
prevent loss of amenity to the area and to comply with relevant development
controls.
Reason for amending condition: To reflect late night trading DCP
requirements.
Condition 70 – EWF0008 –
Ongoing Management of Wastes (general)
Amend to delete this sentence: ‘Waste
collection vehicles servicing the development onsite must enter and exit a
property in a forward direction’.
Reason for amending condition: The site is an existing heritage item
and it is therefore not possible to accommodate a turning area for waste
collection vehicles within the site.
Condition 73 – HFNSC –
Non-standard – The Use of the Site Heritage Asset Action Plan
Amend in two places to change ‘should’
to ‘must’.
Reason for amending condition: To provide certainty the Site Heritage
Asset Action Plan will be implemented.
Condition 74 – PF0004 –
External Plant/Air-conditioning noise levels
Condition deleted.
Reason for amending condition: The condition is relevant for
residential areas. Council advise potential issues can be addressed through
condition 65 – EAF0007 – Noise from mechanical equipment.
Condition 76 – PF0025 -
#Operating Hours
Amended the first sentence after the table to include the base trading
hours for outdoor areas to read as follows ‘*It is noted that the 3am
closing time is outside of the base hours (6am to 2am for indoor areas and
6am to midnight for outdoor areas) specified in the Parramatta DCP 2023, Part
10.3.1 (base and extended trading hours).
Reason for amending condition: Alignment with the Parramatta DCP 2023.
New Condition
New condition to be added following condition
55 to read as follows:
The use must always be operated / managed in
accordance with the Plan of Management finalised in accordance with the
conditions of this consent. In the event of any inconsistency, the conditions
of this consent will prevail over the Plan of Management. Changes to the
approved Plan of Management must be submitted to and approved by
Council’s Director of Planning.
Reason: To ensure all parties are aware of the approved
supporting documentation that applies to the development.
New Condition
New condition to be added under Part F
– Occupation and Ongoing Use to read as follows:
Music occurring on the rooftop area must
cease by 11pm nightly.
Reason:
To protect the amenity of the surrounding area.
(b) That
Council update condition numbering to reflect the above additions
and deletions and remove internal Council references and headings for the
final consent.
(c)
All other conditions (other than numbering) of DA/488/2024 remain unchanged.
REASONS
FOR APPROVAL
1. To
facilitate the orderly implementation of the objectives of the Environmental
Planning and Assessment Act 1979 and the aims and objectives of the
relevant Council Planning instrument.
2. To
ensure that the local amenity is maintained and is not adversely affected and
that adequate safeguards are incorporated into the development.
3. To
ensure the development does not hinder the proper and orderly development of
the subject land and its surrounds.
4. To
ensure the ongoing maintenance and continued use of a Heritage listed
building within the Parramatta LGA.
5. To
assist in fostering a cultural character and level of vibrancy associated
with late night trading within the Parramatta CBD.
6. To
ensure the relevant matters for consideration under Section 4.15 of Environmental
Planning and Assessment Act 1979 are maintained.
7.
Notwithstanding a typographical error shown in the
PLEP 2023 compliance table under Cl. 5.21 (Flood Planning) in Council’s
assessment report (report pages 12 and 19 of the Public Agenda Assessment
Report) where the PMF and 5% AEP levels were interchanged, the panel has accepted
advice from Council (including from the Senior Catchment Engineer) concluding
that the proposed development, subject to conditions, meets the requirements
of Section 5.21 of the PLEP 2023.
8.
For the reasons given above, approval of the application is in the public
interest.
Voting 4-0 (unanimous)
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