Agenda of Local Planning Panel - Tuesday, 16 July 2024

Local Planning Panel 16 July 2024 Item 5.1

PLANNING PROPOSAL

ITEM NUMBER 5.1

SUBJECT Request for Gateway - Harmonisation 'Orange Matters' and Housekeeping Amendment to the PLEP 2023

REFERENCE F2023/02782 -

APPLICANT/S City of Parramatta Council

OWNERS City of Parramatta Council and multiple landowners

REPORT OF Senior Project Officer

PURPOSE

To seek the Local Planning Panel’s advice on the Parramatta Harmonisation Supplementary Matters and Housekeeping Planning Proposal for the purposes of requesting a Gateway Determination from the Department of Planning, Housing and Infrastructure.

RECOMMENDATION

That the Parramatta Local Planning Panel (LPP) consider the following Council officer recommendation in its advice to Council:

(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.

PLANNING PROPOSAL TIMELINE

BACKGROUND

Orange Matters arising from Parramatta Land Use Planning Harmonisation Framework

1. Following the Council boundary changes in May 2016, the City of Parramatta inherited parts of the former council areas of Auburn, Holroyd, Hornsby, Parramatta, and The Hills. This resulted in different planning controls applying to different parts of the new City of Parramatta Local Government Area (LGA).

2. The Parramatta Land Use Planning Harmonisation Framework was established to consolidate or ‘harmonise’ the multiple Local Environmental Plans, Development Control Plans, and Development Contribution Plans that applied to the new City of Parramatta. As per Figure 1, the harmonisation framework is complete with consolidated plans now in force.

Land Use Planning Harmonisation Process

Figure 1 – Parramatta Land Use Planning Harmonisation Framework project

3. The Harmonisation Planning Proposal (Harmonisation PP) sought to consolidate the five LEPs applying to the LGA. During the preparation of the Harmonisation PP, as per the conditions of the Gateway Determination, Council held a public exhibition between August and October 2020. During the exhibition period, Council received 320 submissions from the community including landholders, state authorities, and other stakeholders.

4. Council at its meeting of 12 July 2021 considered a report on the outcome of the public exhibition and resolved to finalise the Harmonisation PP. In addition, Council also resolved to further investigate twelve (12) requests from submitters that sought a further review of controls for certain land and/or a further review of policy matters that:

· were generally consistent with Council’s policy framework, but were more significant changes and if integrated into the Harmonisation PP in the immediate post-exhibition period would have triggered re-exhibition of the Harmonisation PP at that time; and/or

· had some merit on preliminary review, but required further investigation to confirm whether they should be progressed; and/or

· were inconsistent with Council strategy in their current form, however, could be evolved following further investigation into a proposed amendment, which could be supported in the future.

5. These requests were referred to in the Council Report dated 12 July 2021 as ‘Decision Pathway 3 – Orange Matters’ and were recommended to be investigated as part of an alternate planning process separate to the Harmonisation PP to not delay the finalisation of the consolidated LEP.

6. In addition to the twelve (12) ‘Orange Matters’ recommended by staff for further review, Council requested two additional issues be added for further investigation. This increased the total number of ‘Orange Matters’ from twelve (12) to fourteen (14). A combined list of ‘Orange Matters’, as endorsed by Council on 12 July 2021, are detailed in Attachment 1 to this report.

7. On 2 March 2023, the Department of Planning, Housing and Infrastructure (DPHI) finalised the Harmonisation PP bringing into effect the Parramatta Local Environmental Plan 2023 (PLEP 2023).

8. Considering the commencement of the PLEP 2023 and the finalisation of the broader Parramatta Land Use Planning Harmonisation Framework with the Parramatta DCP 2023 coming into effect in September 2023, it is appropriate and timely to report on the outcome of the Council officer’s review of the ‘Orange Matters’.

Housekeeping Review

9. It is standard planning practice in NSW for councils to make minor changes, correct anomalies, clarify clauses, and other administrative changes to ensure the policy intent of provisions is clear within an LEP. In order to limit the number of amendments to an LEP, it is accepted practice to group the proposed amendments together in what is commonly known as a ‘housekeeping amendment’.

10. Due to the prioritisation and timing of the Parramatta Land Use Planning Harmonisation Framework, there has been no need to utilise this mechanism because the plan was subject of a comprehensive review.,As a result of this process and following its finalisation Council staff have identified housekeeping requests that need to be considered to improve the accuracy of the LEP.

11. Council officers consider that it is timely, and most resource effective, to undertake both an audit of housekeeping requests and a review of the ‘Orange Matters’ in order to prepare a combined Parramatta Harmonisation Supplementary Matters and Housekeeping Planning Proposal to amend the PLEP 2023.

FURTHER INVESTIGATION

Review of ‘Orange Matters’ - Harmonisation Supplementary Matters

12. Council officers have reviewed the fourteen (14) ‘Orange Matters’ resolved by Council on 12 July 2021. While fourteen (14) items were resolved, these included forty (40) individual requests (or items) seeking a change to the PLEP 2023. Council officers assessed the relevance and planning merit of these items considering:

· the extent and nature of the requested change,

· strategic merit and consistency with existing state and local policy,

· strategic planning processes that have progressed since Council’s resolution on 12 July 2021, and

· any submitted supporting studies.

13. Following this review, Council officers have recommended each item progress via one of four pathways. Table 1 includes the four pathways, the number of items to progress via each pathway, and the rationale. A detailed assessment of the 40 individual requests resulting from the fourteen (14) ‘Orange Matters’ and the recommended pathway is included in Attachment 1.

Table 1 – Pathways to progress and finalise ‘Orange Matters’.

Pathway	Rationale	No of matters
Items supported, or partially supported, and recommended to progress as a part of the Planning Proposal	· Assessment considers that the requested change has sufficient strategic merit. The items to progress in the Planning Proposal include the: o Reduction in the extent of the biodiversity map layer on The Kings School to remove the layer from existing buildings given biodiversity values are non-existent or compromised. o Inclusion of part of 102 Murray Farm Road, Carlingford (North Rocks Fire Brigade) to the Biodiversity Map due to the presence of ecological values. o Rezoning of land along Terrys Creek Corridor from RE1 Public Recreation to C2 Environmental Conservation due to ecological values of the land. o Maintaining the prohibition of Places of Public Worship in the R2 Low Density zone but including an Additional Permitted Use to allow for expansion outside of existing use rights.	4
Items that are being considered or are to be considered via separate pathway	· Landowners have lodged their own Site-Specific Planning Proposal (SSPP) to progress items. This includes the following site: o 38-50 South Street, Rydalmere (Truganini House). · Council officers are requesting additional information to support their request within an SSPP or for council to consider as part of a future housekeeping. This relates to the following items: o The reduction of the extent of the heritage layer at 87-129 Pennant Hills Road, North Parramatta (The Kings School site). o The reduction of the extent of the heritage layer on any School Infrastructure NSW site; o The reduction of the extent of the biodiversity layer at Carlingford Public School, and any sites owned by Schools Infrastructure NSW within the City. o The review and reduction of the Riparian Land and Water layer at the Northmead Creative and Performing Arts High School owned by School Infrastructure NSW. · Items to be considered as part of a separate planning project (i.e. Planning Investigation Area). This relates to the following: o Planning controls at 28-31 Dixon Street, Parramatta as part of the Southern PIA. o Planning controls at High Street, Parramatta as part of the Southern PIA. o Planning controls at Fennell Street, Parramatta as part of the North-East PIA. · Items to be progressed as part of a future housekeeping amendment to allow for DA approvals to be implemented: o Delisting of Heritage Item I184 – The Barn at 138 Parramatta Road, Granville after its approved demolition occurs. · Items subject to future State Government policy direction specifically the Low and Mid Rise Housing Reforms. This relates to the following: o Land where dual occupancy development is currently permitted under PLEP 2023 on bushfire prone sites.	10
Items that have been superseded or resolved by another planning project	· Relate to a finalised planning project (i.e. Parramatta CBD Planning Proposal, Epping Planning Proposals). · Relate to a State Government process – i.e. Employment Zone Reforms. · Relate to a DCP matter that was captured as part of Harmonisation DCP (i.e. preparation of consolidated Parramatta DCP 2023) process.	11
Items that have not been supported due to lack of strategic merit.	· Conflicts with previous decision made by State Government housing policy and reforms. · Unnecessary adjustments to zone and clause objectives and/or zonings suggested by state government department (not-DPHI).	15

HOUSEKEEPING REVIEW

14. Housekeeping items considered to have strategic merit are recommended to progress into the combined Parramatta Harmonisation Supplementary Matters and Housekeeping Planning Proposal. The housekeeping amendments include:

· Administrative heritage matters including changes to the name of existing Heritage Items; and delisting Heritage Items that have been demolished or incorrectly mapped.

· Removal of land from the Land Reservation Acquisition Map as the land has been acquired and the reservation is no longer required.

· Minor non-policy amendments to specific LEP clauses to improve accuracy.

· Clause refinements to deliver policy intent.

· Inclusion of new clauses to address deficiencies in existing provisions.

· Administrative zoning changes to reflect permanent land use (including rezoning of public reserves to RE1 Public Recreation, W1 Natural Waterways, W2 Recreational Waterways, and C2 Environmental Conservation).

· Administrative map amendments to implement policy from Development Applications and/or other planning process (i.e. SEPPs).

15. A more detailed summary of the nature of the housekeeping requests are provided at Attachment 2, and Part 2 – Explanation of Provisions in the Planning Proposal in Attachment 3 provides a detailed explanation of the amendments sought to the PLEP 2023.

PLANNING PROPOSAL

16. The Planning Proposal in Attachment 3 details the proposed changes to the PLEP 2023 required to progress the ‘orange matters’ (i.e. supplementary matters) and housekeeping items outlined above in Paragraph 13 and 14. The Planning Proposal has been prepared in accordance with:

· Sections 3.31 and 3.33 of the Environmental Planning and Assessment Act 1979 (the EPA Act); and

· the NSW DPHI Local Environmental Plan Making Guideline dated August 2023.

17. The proposed amendments are not considered to undermine, contradict, or have an adverse impact on the objectives and actions of both state and local planning policies including the Greater Sydney Region Plan, Central City District Plan, Ministerial Directions and Local Strategic Planning Statement.

Social impacts

Permissibility of Places of Public Worship in the R2 Low Density Residential zone

18. Council on 12 July 2021 adopted the LPP’s advice from 29 June 2021 to re-examine the permissibility of Places of Public Worship (PoPW) in the R2 zone as part of a future review, and adopted the exhibited Harmonisation Planning Proposal that prohibited PoPW in the R2 zone and rezoned existing PoPW from SP1 to R2 (see Attachment 4 for more background to this resolution).

19. Council officers have conducted a review (see Attachment 4) that addresses the following:

· Relevant background including the historic permissibility of PoPW prior to the finalisation of the Harmonisation Planning Proposal and historic development activity relating to PoPW.

· State Government direction on PoPW permissibility (including relevant Practice Notes).

· The objectives of the R2 zone and the compatibility of PoPW in the R2 zone, and where PoPW are permitted in other zones.

· The number of existing PoPW operating under existing use rights in the R2 zone.

20. Three (3) options were prepared with consideration to the following key points:

· PoPW are not a mandated use under the Standard Instrument within the R2 zone, and therefore councils can decide their permissibility.

· The limitations of existing use rights in allowing existing established PoPW to expand to serve communities.

· The objectives of the R2 Low Density Residential zone and the necessity to ensure any non-residential uses are complementary to the low-density character of the zone.

· The need to ensure new PoPW are permissible in zones that can manage the amenity, noise, and traffic generally associated with this land use such as employment lands and residential zones with higher density.

21. The three (3) options available to Council in relation to the permissibility of PoPW in the R2 Low Density Residential zone are included in Table 2. Council officers recommend ‘Option 2’ and have worded part (d) of the Report Recommendation accordingly. Option 2 is recommended as this is considered to balance the operational needs of existing PoPW, because expansion beyond existing use rights will be permitted (subject to development consent), whilst prohibiting any new PoPW from being delivered in low-density neighborhoods.

22. If Council resolves another option (i.e. Option 1 or 3), suggested wording for part (d) of the Council Report recommendation is included in Table 2. See Attachment 4 for a detailed discussion on the strengths and weaknesses of the options.

Table 2 – Options for PoPW in the R2 zone

Option

Implementation

Option 1:

Maintain Prohibition in R2 zone.

No changes to the PLEP 2023 are required.

If Option 1 is the preferred option of Council, the current Recommendation (d) of this Council Report needs to be deleted and replaced with the following:

(d) That Council endorse Option 1 within Table 2 to maintain the prohibition of Places of Public Worship (PoPW) in the R2 Low Density zone, and the Planning Proposal in Attachment 3 be updated to remove the proposed Additional Permitted Use (APU) for existing PoPW in the R2 zone (i.e. Option 2) to reflect Option 1 prior to the Planning Proposal being forwarded to the DPHI.

Option 2:

Maintain Prohibition in R2 zone and add an Additional Permitted Use (APU) for existing PoPW.

Staff recommendation

An Additional Permitted Use in Schedule 1 of the PLEP 2023 will need to be inserted to permit Places of Public Worship on sites with an existing PoPW in the R2 Zone.

If Option 2 is the preferred option of Council, the current Recommendation (d) of this Council Report does not need to be amended. This recommendation reads:

(d) That Council endorse Option 2 within Table 2 to maintain the prohibition of Places of Public Worship (PoPW) in the R2 Low Density zone and include PoPW as an Additional Permitted Use (APU) on land with an existing PoPW 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 DPHI.

Option 3:

Permit PoPW in R2 zone with supporting LEP and/or DCP controls.

The Land Use Table for the R2 Low Density Residential zone within the PLEP 2023 will need to be updated to permit PoPW. Additional design work will be needed to determine principle development standards for PoPW (such as minimum lot size and street frontage) for Part 4 of the PLEP 2023.

A review of the setbacks and other controls within the PDCP 2023 will need to be reviewed to ensure new PoPW development in the R2 zone deliver suitable building envelopes and manage impacts.

If Option 3 is the preferred option of Council, the current Recommendation (d) of this Council Report needs to be deleted and replaced with the following:

(d) That Council:

· endorse Option 3 within Table 2 to permit Places of Public Worship (PoPW) in the R2 Low Density zone with supporting LEP and/or DCP controls; and

· update the Planning Proposal in Attachment 3 to remove the request for PoPW to be an Additional Permitted Use for land where there is an existing PoPW in the R2 zone (i.e. Option 2) prior to forwarding the Planning Proposal to DPHI; and

· progress Option 3 as a stand-alone Planning Proposal with an associated DCP amendment, and not be included in the Parramatta Harmonisation Supplementary Matters and Housekeeping Planning Proposal.

23. A Councillor Briefing was held on 3 June 2024 where Council officers presented the review of PoPW and the three (3) options. Support for Option 2 was indicated, however will be subject to a decision at the 12 August 2024 Council Meeting.

24. It is recommended that the LPP advise Council to resolve to proceed with “Option 2”. Should Council adopt Option 2, the Planning Proposal in Attachment 3 will need to be updated to include all existing sites of PoPW for the purposes of including an APU.

Apartment dwelling mix

25. The Planning Proposal seeks to introduce a new clause relating to apartment dwelling mix within residential flat buildings and shop top housing. The new clause elevates dwelling mix requirements from the PDCP 2023 to the PLEP 2023 to increase adherence and statutory weighting of this policy during the assessment process.

26. The absence of this control in the PLEP 2023 has resulted in recent residential developments providing limited 3-bedroom (i.e. family sized apartments) and resulting development outcomes not delivering an appropriate dwelling mix to meet the needs of the City. The new clause will help ensure that the City meets housing directions in the Parramatta LSPS 2036 and the Social Sustainability Strategy 2024-2033, and ensure housing is provided for all household types.

27. Further detail is provided in Attachment 2 and a copy of the proposed controls is described in Part 2 of the Planning Proposal provided at Attachment 3.

Sports advertising signage on RE1 Public Recreation land

28. The Planning Proposal seeks to include a new clause for sporting related advertising signage on land zoned RE1 Public Recreation. This is due to the absence of controls in both the LEP and relevant SEPPs. Due to the scale and nature of the signage, it is considered appropriate to introduce sportsground sponsorship advertising (with appropriate size, impact, and locational criteria) as exempt development within PLEP 2023.

29. At a Councillor Briefing on 3 June 2024, Council questioned how the suitability of signage could be moderated by Council if it is delivered via exempt development. The proposed clause requires that any sporting related advertising signage to go through the exempt development pathway must not contain product advertising for alcohol, tobacco products, and adult entertainment. This is to prevent any adverse social impacts on the community from inappropriate signage.

30. Additionally, the LEP controls are intended to work in conjunction with a proposed draft ‘Advertising Signs on Council’s Sportsgrounds, Parks and Reserves’ regulation document that is currently being developed by Council’s Parks and Open Space and Recreation Facilities Teams. This draft document will include further guidance regarding the content of signage (including requirements for signage to not include content associated with gambling, politics (related to electioneering), or content of an offensive/discriminatory nature).

31. While the document is in draft form and yet to be finalised, it proposes to require an application to be lodged as part of an approval process prior to the intended start date for the display of signage. The application would require details of the signage (including graphics and design, and evidence of sponsorship agreement), with the intention of this process being to provide Council with the opportunity to review signage before it is displayed. This will help ensure that hirers who book a Council sportsground, park or reserve install appropriate signage.

32. Further detail is provided in Attachment 2 and a copy of the proposed controls is described in Part 2 of the Planning Proposal provided at Attachment 3.

Environmental Management

33. The Planning Proposal seeks to change the extent of the Biodiversity Map for two sites:

· 87-129 Pennant Hills Road, North Parramatta (The Kings School) – it is proposed to remove the Biodiversity layer from areas where there are existing buildings given any previous vegetation that held biodiversity values has been removed.

· 102 Murray Farm Road, Carlingford (North Rocks Fire Brigade) – it is proposed to add part of the land to the Biodiversity Map in recognition of the significance of the vegetation on this portion of the site and ensure appropriate management during any future development.

34. The changes are considered necessary adjustments to improve the accuracy of the Biodiversity Map in the PLEP 2023 and correctly reflect the biodiversity values present on these sites.

35. The Planning Proposal also seeks to rezone 41 council owned land parcels identified as community land by the Community and Crown Land Plan of Management 2023 from residential, commercial, or industrial zones to public recreation or the suitable environmental and/or waterway zones. This update ensures that all public reserves are zoned to reflect their principal intended use and support their ongoing management.

PLAN MAKING DELEGATIONS

36. 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.

37. It is recommended that Council request to the DPHI 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

38. If Council resolves to approve this report in accordance with the recommendation, there are no unaccounted financial implications for Council’s budget.

CONSULTATION

39. Table 3 includes the consultation that has been undertaken in relation to this matter:

Table 3 – Consultation to date

Date	Consultation	Comment	Response	Responsibility
3 June 2024	A Councillor Briefing was held on the outcome of the Parramatta Harmonisation Planning Proposal ‘Orange Matters’ review, and the ‘housekeeping’ items identified to improve the accuracy of the PLEP 2023.	It was requested that information be provided on how Council can manage the appropriateness of sportsground signage under the proposed new clause to allow sports advertising signage on public reserves as exempt development.	The proposed clause specifies that signage cannot include product advertising for alcohol, tobacco products, and adult entertainment. See paragraph 28-32.	City Strategic Planning
3 June 2024		It was requested that a further review of the heritage curtilage mapped on The Kings School site consider the broader historical significance of the site, as a site of a historic school, aboriginal history, and cultural history issues, rather than just the curtilage for historical buildings on the site.	Officers are requesting that the submitter take these matters into consideration as part of any further review and request of the heritage curtilage. Refer to Attachment 1.	City Strategic Planning
13 June 2024	Heritage Advisory Committee were briefed at a Committee Meeting on the outcome of review of heritage-related for both the ‘Orange Matters’ and the proposed housekeeping amendments.	The Committee noted the proposed updates to the PLEP 2023.	N/A - Officers are progressing with the proposed heritage related matters.	City Strategic Planning

CONCLUSION AND NEXT STEPS

40. It is recommended that Council adopt the Parramatta Harmonisation and Supplementary Housekeeping Planning Proposal in Attachment 3 and forward this to the Department of Planning, Housing and Infrastructure for a Gateway Determination.

41. Should Council adopt Option 2 for Places of Public Worship, Council officers will update the Planning Proposal to include a list of all existing lawful PoPW in the R2 zone to have an Additional Permitted Use for PoPW and include these sites on the APU Map prior to the Planning Proposal being forwarded for a Gateway Determination.

42. Following receipt of Gateway, Council officers will respond to the conditions and progress with the public exhibition of the Planning Proposal.

Darya Fatah

Senior Project Officer

Sonia Jacenko

Team Leader Strategic Land Use Planning

Janelle Scully

Land Use Planning Manager

Robert Cologna

A/Executive Director City Planning and Design

Attachments:

1 ⇩	Review and recommended pathways for the Harmonisation 'Orange Matters'	35 Pages
2 ⇩	Summary of Housekeeping Amendments to the Parramatta LEP 2023	10 Pages
3 ⇩	Parramatta Harmonisation Supplementary Matters and Housekeeping Planning Proposal	84 Pages
4 ⇩	Review of the permissibility of Places of Public Worship in the R2 Low Density Residential zone	11 Pages

REFERENCE MATERIAL