Item 8.9 - Attachment 1

Detailed Report

Consideration of Submissions to re-exhibition of draft Parramatta LEP 2010

Following Council’s decisions of 5 October 2010 and 18 October 2010 relating to proposed amendments to the draft LEP a re-exhibition of components of the draft LEP was undertaken, with a mail out to affected property owners, an advertisement placed in the local papers and information placed in Council’s library, administration office and on Council’s web site.

A total of twenty-eight (28) submissions were received during the re-exhibition period. The majority of submissions related to one specific amendment, however some covered more than one item. Submissions were also received from the Historic Houses Trust and the Heritage Branch of the NSW Department of Planning objecting primarily to changes in the Harris Park area.

In addition, several submissions were received which did not relate to the items that were the subject of the re-exhibition. For completeness, these have also been summarised for Council’s consideration however no actions or amendments are proposed, since the draft LEP (minus the amendments that were the subject of the re-exhibition) has already been forwarded to the DoP with Council’s s68 submission to commence its assessment of the plan.

At the time of completion of this report the proposed amendments the subject of Council’s decision of 18 October 2010 (Places of Public worship, SP1 zoning and prohibition of sex services and restricted premises) are still on public exhibition until 1 December 2010. Any submissions received prior to Council’s consideration of this report will be forwarded under separate cover.

Following is a list of each item the subject of the re-exhibition and a summary of submissions received.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
1	10 Hope Street, 8 and 120 James Ruse Drive and 3-7 Weston Street, Rosehill	B4 (Mixed Use), 23m height limit	Change height limit to 28m.

Submissions received: Two (2) submissions were received raising the following concerns;

· Object to the increased development intensity and ensuing traffic generation

· Object to the increased development height due to potential impact upon the heritage and visual aesthetic values of this unique place.

Response: This amendment was made by Council at its meeting of 5 October 2010 and will potentially achieve a building height consistent with the height for land fronting James Ruse Drive for the two blocks to the south.

Any future re-development of this site would be considered having regard to heritage to any potential impact upon any nearby heritage items and surrounding road network.

Recommendation: Council confirm its decision of 5 October 2010 (height limit to be increased to 28m)

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
2	Area bounded by Hassall, Arthur, Prospect Streets and James Ruse Drive, Rosehill	R2 (Low Density Residential) & R3 (Medium Density Residential)	Change the zoning of land within the area described where exhibited as R3 (Medium Density Residential) to R4 (High Density Residential) with a maximum height of 13m and where exhibited as R2 (Low Density Residential) to R3 (Medium Density Residential) with a maximum height of 9.5m

Submissions received: Eleven (11) submissions were received in response to this amendment. Eight (8) submissions were in support of the amendment as it would help provide for the economic and social needs of the area. Three submissions raised the following concerns;

· object to the increased development due to potential impact upon the heritage and visual aesthetic values of this unique place and its landscape setting;

· colonial era heritage items in the locality are of outstanding national cultural heritage significance and are listed in the NSW State Heritage Register, Register of the National Estate and National Trust;

· amendments are inconsistent and contradictory with the Objectives and Principles established in the LEP and DCP;

· increase in development potential will significant compromise the heritage significance of individual items in this area as well as those of the adjacent Elizabeth Farm Conservation Area.

· irresponsible management of Australia’s Heritage

Response: This amendment was made by Council at its meeting of 5 October 2010 where Council was provided with Options in relation to this area. These options were;

Option 1: Change the zoning of land within the identified area where exhibited as R3 Medium Density to R4 High Density and where exhibited as R2 Low Density to R3 Medium Density.

Option 2: That Council undertake a further stud of the area described to inform alternate option for zoning and height to represent an appropriate transition in building form and height from James Ruse Drive to Arthur Street with consideration of heritage impact. That this work be implemented as a possible future amendment to the comprehensive LEP and DCP.

Council resolved to proceed with option 1 and identified maximum height limits of 13m for areas zoned R4 high density and 9.5m for areas zoned R3 medium density. The application of this zoning and maximum height limits is largely consistent with those sites with the same zoning located to the west of this precinct. Any future development of the areas would be assessed having regard to impacts upon any heritage items in the vicinity.

Recommendation: That Council confirm its decision of 5 October 2010 and apply the re-exhibited zonings (changes to R4 high density & R3 medium density) as per column No 4 of the table above.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
3	65-79 Marion Street, Harris Park	B1 (Neighbourhood Centre), 6m height limit, no floor space ratio Heritage listed (except no 67) and within Heritage Conservation Area	Change to height limit of 9.2m

Submissions received: Three submissions were received in response to this amendment raising the following concerns;

· will erode the cohesion, scale and form of the group of cottages

· negative impact upon the streetscape

Response: This amendment was made by Council at its meeting of 5 October 2010 where Council was provided with Options in relation to this area. These options were;

Option 1: Change to height of 9.2m

Option 2: Keep height as 6m and a proponent could seek to vary height controls using heritage incentive provisions, or under Clause 4.6 Exceptions to development standards, which would be assessed on merit and DA stage.

Option 1 was adopted at Council’s meeting of 5 October 2010.

In considering any future development proposals on these sites, applications will be required to be accompanied by a heritage impact assessment which will allow for a detailed assessment of the appropriateness of any increase in building height on these sites and with the heritage conservation area.

Recommendation: That Council confirm its decision of 5 October 2010 and apply a maximum height of 9.2m to the abovementioned sites.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
4	116 Wigram Street Harris Park	Maximum height 28m	Change maximum height to 23m

Submissions received: Four (4) submissions have been received in relation to this item including submissions from the Historic Houses Trust and the Heritage Branch of the DoP. Comments included;

· welcome the reduction in height but suggest it should be reduced further to minimise any potential impact upon the adjacent Harris Park West Conservation Area;

· suggest that any future buildings of this height would dominate the surrounding largely single storey form of the area;

· concern over site lines and increased traffic congestion;

· question the accuracy of the exhibited amendment due to the lack of clarity in the wording of the original resolution (i.e. that Council maintain its original decision of 30 May 2007) and seek that a maximum height of 28m be maintained.

Response: In response to the concerns raised over the accuracy of the exhibited amendment, Council staff reviewed all previous resolutions in relation to this matter and the difference in height (23m) on No 116 Wigram Street was the only variation that has been applied in Council’s previous consideration of this matter to that which was formally exhibited in March/April 2010. Accordingly a maximum height of 23m was re-exhibited more recently.

In response to concerns raised over the height being excessive (at 23 or 28m), any future development of this area would be required to be accompanied by a Heritage Impact Assessment to enable more detailed assessment of any impact. It is considered that the area in question represents a transition between the southern end of the City Centre and it is appropriate for some increased development potential to be provided for in this locality. Similarly any future development would need to provide appropriate traffic and parking analysis to support any proposal.

Recommendation: That Council confirm its intention in relation to this area and specify whether a height of 28m or 23m is proposed for 116 Wigram Street, Harris Park.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
5	4-20 Gregory Place, Harris Park; 130 – 150 Alfred Street, Harris Park; and 69-75 Hassall Street, Parramatta	R2 (Low Density Residential), Part RL 14, part RL 11, no floor space ratio	Change 4-20 Gregory Place and 130-150 Alfred Street Harris Park to R3 (Medium Density Residential) no height change, no floor space ratio Change 69-75 Hassall Street, Parramatta to R3 (Medium Density Residential), no height change, no floor space ratio

Submissions received: Three (3) submissions have been received in relation to this item including submissions from the Historic Houses Trust and the Heritage Branch of the DoP. Comments included;

· concern raised over the close proximity to adjacent heritage items and the Elizabeth Farm Conservation Area and the potential erosion of heritage values

· proposed amendments would compromise and contradict principles and objectives of the draft LEP and DCP

· increased intensity of development would impact upon and conflict with visitors to Hambledon Cottage

Response: This amendment was made by Council at its meeting of 5 October 2010 where Council was provided with Options in relation to this area. These options were;

Option 1: Change 69-75 Hassall Street to R3 Medium Density Residential (no change to height, No FSR). Change No 4-20 Gregory Place and 130-150 Alfred Street Harris Park to R3 Medium Density (no change to Height, no FSR)

Option 2: Change 69-75 Hassall Street to R3 Medium Density Residential (no change to height, No FSR).

Option 1 was adopted at Council ‘s meeting of 5 October 2010. The block is suitable for an increase in residential density being situated between a R4 High Density Zone to the south and a R3 Medium Density Zone across Hassall Street to the north. In addition, the land has good accessibility to commercial and community facilities and public transport. The maintenance of existing maximum height levels will ensure that any more sensitive adjacent areas are not unduly dominated. Any future development will be required to be accompanied by a Heritage Impact Assessment as well as provide for adequate parking facilities on site.

Recommendation: That Council confirm its decision of 5 October 2010 and apply an R3 zoning (no change to height, no FSR) to the lands described above.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
6	1 New Zealand Street Parramatta	R2 (Low Density Residential), 9m height limit and 0.5:1 floor space ratio	R4 (High Density Residential), height limit of 14m and 1.1:1 floor space ratio

Submissions received: One submission was received raising concern that any increased development in the area would result in a detrimental impact upon the nearby State Heritage Item and that due to the topography of the area would stand out unacceptably from a wide area.

Response: This amendment was applied in order to ensure a more consistent north –south line of higher density zoning focused along Macarthur Street and provide for an improved configuration of allotments for any future redevelopment.

Recommendation: Council confirm its decision of 5 October and apply an R4 zoning to the abovementioned site with a 14m height limit and FSR of 1.1:1 consistent with adjacent properties to the west.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
7	5 - 41 and 6A - 14 Lansdowne Street; 1, 3, 5 Lennox Street; 37 - 43 Glebe Street and 66 – 76 Marsden Street, Parramatta	R4 (High Density Residential), maximum height of 11m, 0.8:1- floor space ratio	Change to R3 (Medium Density Residential) with a maximum height of 11m and floor space ratio of 0.8:1.

Submissions received: One submission was received querying why there would be a reduction in development potential in an area more suitable than other areas such hs Carlingford have received higher densities.

Response: The proposed amendment is intended to better reflect the current zoning and planning controls contained within Parramatta LEP 2005 and better reflect the sites Heritage attributes (South Parramatta Conservation Area).

Recommendation: Council confirm its decision of 5 October 2010 and apply an R3 (Medium Density) Zone with a maximum height limit of 11m and FSR of 0.8:1.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
8	1 Purchase Street and Lot 1 DP 113513 at 163-165 George Street, Parramatta (Parramatta Workers Club)	R3 (Medium Density Residential), RL 14m, no floor space ratio	Change to RE2 (Private Recreation) Zone.

Submissions received: One submission was received objecting to the proposed zoning on the basis that future development may impact negatively on the outlook from Hambledon Cottage and a further submission was received from the Workers Club, objecting to the change of zoning from R3 Medium Density Residential to RE2 Private Recreation on the basis that RE2 zone would limit their options to develop or dispose of the sites in question.

Response: The proposed zoning is intended to best reflect existing uses on the site. Any future development would need to respond to significant heritage items in the locality. Additionally, the land currently zoned Residential 2B is occupied partly, by the club building and partly by car parking associated with the club. It is therefore appropriate to include this land with the remainder of the club development in the RE2 zone. Should the club decide to dispose of its land in the future it would be possible at that time to lodge a planning proposal seeking to have the land rezoned.

Recommendation: Council confirm its decision of 5 October 2010 and zone the site RE2 (Private Recreation).

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
9	Parramatta Park/Parramatta Leagues Club (15 O'Connell Street and Part of 1 Parramatta Park Land, Parramatta)	1 Parramatta Park Land B4 (Mixed Use), maximum height of 15m, & 0.33:1 floor space ratio, 15 O’Connell St R2 (Low Density Residential), maximum height of 9m, 0.5:1 floor space ratio	Zone all land on which the car park and club building for the Parramatta Leagues Club are situated as RE2 (Private Recreation) Zone.

Submissions received: One (1) submission was received objecting to the application of the RE2 zone to this site on the basis that future development for the purposes of a carpark or the like would detract from the visual outlook from Parramatta Park and that it would represent a further incremental ‘slice’ being taken out of the original Parramatta Park.

Response: The zoning which is proposed to be applied best represents the existing uses on the site.

Recommendation: Council confirm its decision of 5 October 2010 and zone the site RE2 (Private Recreation).

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
10	34 – 82 and 3 – 51 Pennant Hills Road, North Parramatta	R2 (Low Density Residential), 9m maximum height, 0.5:1 – floor space ratio	Exclude dual occupancy development from being permitted on 34-82 and 3-51 Pennant Hills Road, North Parramatta

Submissions received: Three (3) submissions have been received in relation to this issue. The following concerns and comments have been made;

· Strongly support the proposed amendment as it will help retain original architecture and character of the area and provide a ‘grand’ entrance to Parramatta City.

· Strongly oppose the prohibition of dual occupancy development

· Neither support nor object to the proposal but queries the reasoning for this restriction (i.e. heritage, streetscape, traffic)

Response: The submissions received were varied in content. The proposed amendment was adopted at Council’s meeting of 5 October 2010 as a means of retaining the character of this strip of land along Pennant Hills Road.

Recommendation: Council confirm its decision of 5 October 2010 and prohibit dual occupancy development in the area described above.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
11	Sydney Regional Environmental Plan No.18 - Public Transport Corridors	Not subject to SREP 18 Reservation	Map the SREP 18 reservations (as provided by the RTA) at Lot 866 DP 752028 (4 North Rocks Rd, North Parramatta) and Lot 4 DP 1022209 (1 Toll Street, North Parramatta) on the Land Zoning Map and Land Reservation Acquisition Map.

Submissions received: One (1) submission has been received questioning the wisdom of undertaking acquisitions for traffic purposes but not undertaking similar acquisitions to facilitate the proper functioning of the LGA.

Planning Comments: The abovementioned reservation is intended for the provision of future public transport corridors and reflects those lands identified in the SREP for the purposes of Public Transport (Bus) corridors.

Recommendation: That Council confirm its decision of 5 October 2010 and map the SREP 18 reservation as described above.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
12	Block bounded by Clyde, Factory, William and rear lane Granville	R2 (Low Density Residential), 9m height limit and 0.5:1 – floor space ratio	Change zoning to R4 (High Density Residential), 14m height limit and floor space ratio of 1.1:1

Submissions received: Two (2) submissions have been received. One submission objects to the proposal on the misunderstanding that the zoning change includes the public rear laneway land and part of the road way along the frontage. Another submission raises concerns on the basis that any redevelopment of the area in question would result in severe overshadowing of land to the south as there is only a 4 metre separation between the rear property boundaries and subsequent loss in property values. The submitter suggests that the high density boundary be extended to First Street where a separation of approximately 20m would exist to those properties further to the south.

Response: In relation to the concerns raised regarding the rear lane and roadway, this appears to be a misinterpretation of the lines in the location maps. There is no proposal for publicly owned lands to form part of any future development sites.

In relation to the concerns regarding overshadowing it is agreed that due to the small separation between these sites and orientation of the street blocks the proposal would give rise to some potentially valid concerns regarding overshadowing. The area in question has not been the subject of a detailed study or analysis or been accompanied by detailed Development Control Plan provisions.

Option 1: That Council maintain the existing (Low Density) zoning for this area and that Council undertake a broader analysis of any potential increase in density on the area bounded by William, Factory, Clyde and Sixth Street in the future. NB: Council at its meeting of 5 October 2010 resolved to consider undertaking this work in the future.

Option 2: That Council confirm the proposed amendment (R4, 14m and 1.1:1) and investigate other opportunities for a change in zoning in this area at a future time.

Recommendation: Option 1 is recommended as this will allow a more holistic and complete analysis to be undertaken.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
13	4 – 6 Blaxcell Street, Granville	R4 (High Density Residential), 14m height limit, 1.1:1 – floor space ratio	Change to B4 (Mixed Use) with a height limit of 15m and floor space ratio of 1.5:1.

Submissions received: One submission was received raising no objection to the proposal but suggests a decrease in height and floor space ratio.

Response: This amendment is consistent with Council’s decision to amend the zoning of the adjacent property (No.2) to the north of the site.

Recommendation: Council confirm its decision of 5 October 2010 and apply a B4 (Mixed Use) zoning with a height limit of 15m and FSR of 1.5:1.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
14	Block bounded by John, Blaxcell, Louis Streets and The Avenue, Granville	R2 (Low Density Residential), 9m height limit, 0.5:1 – floor space ratio	Change to R3 (Medium Density Residential) with a height limit of 11m and floor space ratio of 0.6:1.

Submissions received: One submission was received objecting to the proposed zoning as it will be surrounded by low density development and be highly visible due to the flat topography of the area.

Response: Council at its meeting of 5 October 2010 resolved to apply a Medium Density Residential (R3) zone in order to strike a balance between differing community views on this portion of land. Part of the block is currently zoned Residential 2b and the R3 represents a comparative zoning, whilst allowing increased development potential over the remainder of the block.

Recommendation: Council confirm its decision of 5 October 2010 and apply an R3 zoning (11m and 0.6:1 FSR) to the land described above.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
15	103 – 113 and 104 – 116 Elizabeth Street, Granville	R2 (Low Density Residential), 9m height limit, 0.5:1 – floor space ratio	Change to R3 (Medium Density Residential) with a maximum height of 11m and floor space ratio of 0.6:1.

Submissions received: One submission was received raising concern over the transition between areas of low and higher density as well as traffic generation.

Response: The area the subject of this amendment is currently zoned 2b which allows for medium density development. Concerns in relation to traffic generation may be addressed in more detail at the Development Application stage.

The amendment proposed was made at Council’s meeting of 5 October 2010 arising from concerns from property owners regarding the reduction in development potential. The change to zoning reflects the medium density Residential 2B Zone of the current Parramatta LEP 2001.

Recommendation: Council confirm its decision of 5 October 2010 and apply a zoning of R3 (Medium Density, 11m height and 0.6:1 FSR).

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
16	Land Zoned B4 (Mixed Use) between Parramatta Road and Railway Line Granville	B4 (Mixed Use) Maximum height 52m and 6:1 floor space ratio	Change to a maximum height of 27m and floor space ratio of 3:1.

Submissions received: Three (3) submissions have been received in relation to this item. One submission was received supporting the reduction in maximum height of this area but also suggests that an area of land nearby at the end of East Street have no zoning applied and be set aside for future expansion of the railway network.

Another submission is on behalf of the land owner at 168-170, 172 and 176 Parramatta Road and 89 and 90 Cowper Street Granville, raising concern that the reduction in development potential will limit the extent to which this area can be consolidated and that considerable incentives need to be provided for consolidation to occur. It is suggested that in order to address Council’s concerns over the consistency and continuity of height in this precinct given the lot pattern and holdings that the minimum size of site required to achieve the maximum be increased from 3200m² to 4000m² as this would ensure a more consistent continuity of height. Concern is also raised that there is a need for planning certainty in order to achieve the necessary and desired consolidation. The third submission also objects to the reduction in height and FSR due to the removal of incentives to amalgamate sites for redevelopment with reduced development potential and contrary to Metropolitan Development Strategy objectives.

Response: The reduction in maximum height and floor space in this area arose from more detailed urban design analysis work. The amendments are justified in that they reflect further testing and consideration by Council’s Urban Design Team and SEPP 65 Design Review Panel of the proposed height and FSR requirements generally for the land between Parramatta Road and railway line. Consequently, revised provisions have been formulated designed to:

· provide controls that result in economically viable floor plates and building envelopes.

· provide controls which allow the development of clear, well defined and active streetscapes.

· provide consistent controls which are easy to understand.

· remove controls which are already covered by other applicable policies, e.g. SEPP 65

· produce a built form that is more consistent and integrated.

The draft DCP controls for this area are also recommended to be amended to achieve the above objectives, including minimum site frontage requirements, building setbacks, building form and street edges, and various amenity controls.

There are no plans for the LEP to identify lands that may be required for future railway expansion. If such need is identified by the relevant infrastructure providers in the future the LEP or alternate legislation could facilitate this.

Recommendation: Council confirm its decision of 5 October 2010 and apply a maximum height limit of 27m and FSR of 3:1 for the lands described above.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
17	30 Railway Lands, Granville	SP2 (Infrastructure), no height, no floor space ratio	Change to B6 (Enterprise Corridor) Zone with a maximum height of 12m and floor space ratio of 1.5:1.

Submissions received: One submission queried the nature of the B6 zone and the relationship between a height of 12m and FSR of 1.5:1.

Response: As this property is privately owned and has no related functions to the operation of the railway line it is proposed to be zoned B6 Enterprise Corridor with an FSR of 1.5:1 and height of 12m in the draft LEP. This amendment will reflect the use of the land and is consistent with the proposed zone on adjoining land.

Recommendation: That Council confirm its decision of 5 October 2010 and apply a B6 (Enterprise Corridor) Zone with a maximum height of 12m and floor space ratio of 1.5:1.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
18	128 – 148 Woodville Road, Merrylands	R2 (Low Density Residential), 9m height limit, 0.5:1- floor space ratio	Change to B4 (Mixed Use) with a height limit of 15m and floor space ratio of 1.5:1.

Submissions received: Two (2) submissions were received in relation to this matter. Concerns raised included;

· object to the continued development of multistorey buildings along Woodville Road as entirely out of character with adjacent low density residential areas

· traffic concerns

· disruption and inconsiderate behaviour from builders and developers of these sites

· parking pressure on adjacent streets

Response: The application of the Mixed Use zoning on this site was intended to avoid the isolation of a small number of sites that had not undergone redevelopment.

Recommendation: That Council confirm its decision of 5 October 2010 and apply a B4 (Mixed Use) zone with a height limit of 15m and floor space ratio of 1.5:1 to the land described above.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
19	49-73A Wentworth Avenue, Wentworthville	R3 (Medium Density Residential), maximum height of 11m and 0.6:1 - floor space ratio	Change to R4 (High Density Residential) with a maximum height of 11m and floor space ratio of 0.8:1.

Submissions received: Two (2) submissions were received in relation to this amendment. One submission supports Council’s decision to increases the change the zoning to R4 (High Density Residential) and to increase the FSR to 0.8:1 however also seeks an increase in max height to 12m to allow potential four (4) storey development to take place.

The other submission objects to the increase in density proposed due to the sites location and its proximity to a nearby creek and potential interference with groundwater activity and non-perennial streams.

Response: The lands located to the north and west of the site that are proposed to be zoned R4 High Density Residential all contain a maximum height control of 11m. The proposed maximum height of 11m is consistent with these areas and those other areas proposed to be zoned R4 High Density and have a 0.8: FSR. The intention of applying an 11m height limit is to generally limit maximum built form to three (3) storeys. In relation to the concerns raised in relation to impact upon watercourses, these matters may be assessed in more detail at the development application stage.

Recommendation: That Council confirm its decision of 5 October 2010 and apply a R4 (High Density Residential) zone with a maximum height of 11m and floor space ratio of 0.8:1 to the land described above.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
20	(Part of 54, 56A, 56B, 58A, 60 and 62 Eastwood Ave; 54 – 70 and 72A Epping Ave; 8 and 10 Yaraan Ave; and 16, 18A, 20 and 22A Hillside Cres, Epping)	Not subject to Clause 6.9 - Environmental Protection	Apply Clause 6.9 Environmental Protection to rear of the sites as identified in Council’s map – please contact Council’s Land Use Section for further details.

Submissions received: Five (5) submissions have been received. Comments and concerns raised included;

· Strongly support the proposed application of Clause 6.9 as proposed.

· Support the application of Clause 6.9 but query the level of maintenance that is required and how this would be resourced.

· Object to the application of the clause due to a lack of consultation, inadequate detail or reasoning and reduction in potential property value. Suggests that the affected land could be ‘gifted’ to Council in exchange for a an adjustment to side property boundary (No 10 Yaraan).

· Object to the application of the clause at will restrict over 25% of block and is an unreasonable imposition. Suggests attentions would be better directed towards better maintenance of the Edna Hunt Sanctuary.

· Query the accuracy of the depicted area (on 54 Epping Avenue) and suggests that the site does not possess the qualities or attributes that would warrant application of this clause and that in the event that they do, adequate legislation and requirements already exist.

Comments: The properties identified in Map 20 adjoin or are within close proximity to the Edna Hunt Sanctuary and have been mapped by National Parks and Wildlife Service (Native Vegetation of the Cumberland Plan 2002) and classified under NSW Threatened Species Act 1995 as containing endangered Sydney Turpentine-Ironbark Forest (STIF) ecological community. These parcels contain intact remnant canopy trees that form part of the remnant STIF plant community. Threatened fauna such as the Grey-headed Flying Fox, Powerful Owl and Glossy Black Cockatoo have been recorded.

In response to concerns that the imposition of this clause will unreasonably restrict development the following comments are made. The relevant Threatened Species Legislation currently applies to all sites such that where a threatened plant community is identified an assessment is required to be carried out prior to approval of development and for it to be determined the extent of impact, if any, during the assessment process. The effect of applying the proposed clause does not invoke any statutory provisions beyond those currently in place. The mapping of this area will simply allow current and future owners of affected lands to be aware of required heads of consideration when Council is assessing and determining a development application.

In response to queries regarding acquisition of lands, it is not Council’s intention through the LEP process to acquire any of the affected parcels (or parts thereof) nor undertake any boundary adjustments or land swaps as suggested. The properties will continue to be held in private ownership and future maintenance is under the control of relevant property owners.

Recommendation: Council confirm its decision of 5 October 2010 to apply Clause 6.9 to the land identified in Map 20 of Attachment 3.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
21	2a Parramatta Road, 13a Berry Street and part of 36 Railway Lands, Clyde	IN1 (General Industrial), maximum height of 12m, 1:1 floor space ratio	Change to W1 Natural Waterways Zone, remove the height and floor space ratio controls and apply Clause 6.9 Environmental Protection.

Submissions received: One submissions was received in relation to this matter in support of the application of Clause 6.9 to this area.

Recommendation: Council confirm its decision of 5 October 2010 and apply the W1 Natural Waterways Zone, remove the height and floor space ratio controls and apply Clause 6.9 Environmental Protection to the land described above and depicted in Map 21 of Attachment 3.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
22A - 22D	Environmental Protection (Part of 1 Centenary Avenue, Northmead; part of 82 Hughes Avenue, Ermington; part of 9 & 9B Devon Street, Rosehill; & part of 62 Ferndell Street, South Granville)	Not subject to Clause 6.9 Environmental Protection	Apply Clause 6.9 Environmental Protection to the sites identified.

Submissions received: One submission was received in relation to this matter in support of the application of Clause 6.9 to this area.

Recommendation: Council confirm its decision of 5 October 2010 and apply Clause 6.9 Environmental Protection to the land described above and depicted in Map 22A – 22D of Attachment 3.

Item	Property Address/ Location	Draft LEP (as previously exhibited) – 1 March 2010	Draft LEP amendment for re-exhibition – 20 10/10 – 19/11/10
23A 23B	Environmental Heritage – Cowells Lane Ermington & Redbank Road Northmead	22A Cowells Lane Ermington – Heritage Item 22 Redbank Road Northmead – Heritage Item	Replace heritage listing of 22A Cowells Lane, Ermington (Lot X DP 163929) with 22 Cowells Lane Ermington Lot 1 DP770022 Replace heritage listing of 22 Redbank Road, Northmead Lot 192 DP829012 with 22A Redbank Road Lot 191 DP829012

Submissions received: No submissions received in relation to this matter.

Recommendation: That Council confirm its decision of 5 October 2010 and replace correct descriptions of heritage items as described above.

Miscellaneous

Several submissions were received that did not relate to items currently on public exhibition. These have been summarised below however have not resulted in any recommendations for change to the draft LEP.

163 Carlingford Road Epping

· Requests that site maintain capacity to be developed for Medium Density Development due to nature of surrounding development (church and medium density)

· Suggests that the site is well located with respect to services an public transport facilities at Epping

Response: This area is not located within an RDS study area and as such not considered as suitable for higher density development purposes.

Block bounded by Church, Barney, Castle and By Streets North Parramatta

· request inclusion of residential, hotel, bulky goods retail and commercial permissibility within the B6 zone

· Seek an increase in FSR from 1.5:1 to 3:1 and up to 9 levels

Response: The area in question is proposed to be zoned B6 (Enterprise Corridor) under the draft LEP and have a maximum height limit of 12m and FSR of 1.5:1 to reflect the nature of existing development. Residential development is not regarded as a suitable land use for inclusion in the zone. An increase in maximum FSR from the existing 1.0:1 to 1.5:1 offers some incentive for rejuvenation and redevelopment.

543 Church Street (cnr Dunlop Street) North Parramatta

· Requests that the site and surrounding block have an FSR of 1.5:1 applied.

Response: The site is currently zoned 2c and has a Floor Space ratio of 0.8:1. The draft LEP represents a translation and it is proposed to apply an FSR of 0.8:1, a height limit of 11m and be zoned R4 (High Density). This is consistent with neighbouring properties to the south which have already been developed for the purposes of residential flat buildings.

Dual Occupancies – Old Toongabbie, Wentworhville/Toongabbie

Two submissions were received regarding the permissibility of dual occupancy development raising the following concerns;

· Previously made a submission supporting the prohibition of dual occupancy development in the R2 (Low Density) Zone.

· Permissibility over entire R2 area means that the accumulative impact is not taken into account

· Numerous dual occupancies in close proximity changes the character of areas to make them de-facto town house zones

· Suggests only some sites (large corner sites and wide frontage sites) are suitable

· Concerns over confusion surrounding permissibility of dual occupancy.

Response: Council at its meeting of 5 October 2010 resolved to re-introduce the permissibility of dual occupancy development in the majority of the R2 zone. Any areas where they are prohibited will be mapped to indicate this. Council’s Development Control Plan contains more detailed provisions to address design concerns which are assessed on a case by case merit basis. The DCP does not contain any provisions requiring a minimum lineal separation requirement between dual occupancy sites.

32 Elizabeth Street Parramatta

A submission from the property owner has been received raising the following concerns;

· Currently a permissible use (medical centre) and will become prohibited under the proposed new zone (R4) High Density Residential.

· Concerned that relying on existing use rights will make the business less viable in the future

· Site contains a purpose built commercial style/medical building on the site

· Requests that the existing use be made a permissible use

Response: State Environmental Planning Policy (Infrastructure) has the effect via clause 57(1) of making the existing use (health services facility) permissible within the R4 zone. Whilst it is appreciated that this is not obvious in the LEP the Department of Planning has advised that Council can not replicate all permissible uses (under the SEPP) within the Land Use table. The site will not have to rely upon existing use rights to continue to operate as a result of the draft LEP.

Rosehill Racecourse, Camellia

A submission from consultants on behalf of Sydney Turf Club in relation to part of the Rosehill Racecourse site, and specifically those areas currently zoned Business and Transport Centre and James Ruse Mixed Use under SREP 28. The submission objects to the way these zones have been translated into the draft Parramatta LEP proposed B5 Business Development zone, including the objectives for this zone and the range of permissible land uses, particularly that retail premises are not permissible. The submission makes some incorrect interpretations of the land use table for the B5 zone, as in addition to those use listed as permissible with consent, any use not listed as prohibited is also permissible with consent.

The submission suggests either a B2 Local Centre zone and a B4 Mixed Use zone be applied to the areas currently with the Business and Transport Centre and James Ruse Mixed Use zone.

Response: It is acknowledged that it is not possible to directly translate the current SREP zones due to limitations under the standard template. However, the proposed B5 zone, with the additional uses included by Council in adopting the draft LEP at its meeting on 5 October 2010, represents an appropriate translation given the template limitations. It is possible for the Sydney Turf Club to lodge a planning proposal for future re-development seeking an amendment to the LEP that is tailored to its specific plans.