Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019

An Extraordinary Meeting of Cumberland Local Planning Panel will be held at 11:30am at the Merrylands Administration Building, 16 Memorial Avenue, Merrylands on Wednesday, 26 June 2019.

Business as below:

Yours faithfully

Hamish McNulty

General Manager

ORDER OF BUSINESS

1.         Receipt of Apologies

2.         Declaration of Interest

3.         Address by invited speakers

4.         Reports

          -        Development Applications

          -        Planning Proposals

5.      Closed Session Reports

 


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019

CONTENTS

Report No.  Name of Report                                                                                         Page No.

Development Applications

LPP046/19... Development Application for 24 Verlie Street, South Wentworthville...... 11

LPP047/19... Development Application for 2 Blaxcell Street, Granville......................... 219

LPP048/19... Section 4.55(2) Modification for 1/72-78 Percival Road, Smithfield....... 341

 


Extraordinary Cumberland Local Planning Panel Meeting

26 June 2019

 

Item No: LPP046/19

Development Application for 24 Verlie Street, South Wentworthville

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA 2018/357/1  

 

 

Application lodged

4 October 2018

Applicant

Baini Design

Owner

Mr G & Mrs R Ishac

Application No.

2018/357/1

Description of Land

24 Verlie Street, South Wentworthville (Lot 33 in DP16442)

Proposed Development (as amended)

Demolition of existing structures, construction of a two storey building for use as a 35 place child care facility over basement car parking

Site Area

696.7m2

Zoning

R2 – Low Density Residential

Principal Development Standards

·  Floor Space Ratio – 0.5:1 (HLEP 2013)

·  Height of Buildings – 9m (HLEP 2013)

Disclosure of political donations and gifts

Nil disclosure

Heritage

The subject site does not contain a heritage item, is not located within the vicinity of the heritage item or heritage conservation area.

Issues

Number of children and outdoor unencumbered space

Site frontage

Landscape area

Summary:

1.      Development Application 2018/357/1 was received on 4 October 2018 for the demolition of existing structures and construction of a two storey building for use as a 43 place child care facility over basement car parking.

2.      In accordance with Part E – Public Participation of Holroyd Development Control Plan 2013, the application was publicly notified to adjoining and opposite owners, a notice was placed in the local press and a notice placed on the site for 14 days from 24 October 2018 to 7 November 2018. In response, 8 submissions and 1 petition were received.

3.      Council through its assessment identified a number of concerns with the proposal, and requested amended plans and additional information on 6 December 2018.

4.      Amended plans and additional information (children placement reduced to 41) were received on 31 January 2019 addressing some of Council’s concerns. The proposal was publicly re-notified for 14 days from 20 February 2019 and 6 March 2019 in line with the original notification period, however re-notification was sent to a broader catchment of residents comprising all properties within the block bound by Friend Street, Frances Street, Verlie Street and Coleman Street, as well as properties located on the northern side of Verlie Street; following concerns raised during the initial notification period. In response, 1 submission was received and representation on behalf of the head petitioner was received confirming concerns as raised with the original proposal remain.

5.      The application was deferred on 16 May 2019 to further reduce children placement to correspond with the provided unencumbered outdoor space and address traffic matters. Amended plans received reduced children placement for the centre to 40. Amended plans did not warrant re-notification of the proposal.

6.      There are non-compliances with the proposed development having considered the provisions of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, Child Care Planning Guideline (the Guideline) 2017, and Holroyd Development Control Plan 2013 (HDCP).

7.      The proposed development seeks following notable variations:

 

Control

Required

Provided

% variation

Number of children and outdoor unencumbered space

(regulation 108 and part 4.9 the Guideline)

7m² x 40 = 280m²

Assessing officer’s calculation = 247m²

(excluding OSD pits, landscape buffer, retaining walls and dense planting)

 

247m² / 7 = 35.28 children

 

Recommendation = reduce number of children to 35

11.8%

Landscape area

(DCP)

Min. 20%  = 139.34m2

16.2m² (2.3%)

88.4%

Setbacks from side boundary (DCP)

 

Driveway – 1.5m

 

Driveway – 1.4m

 

6.7%

Min. site frontage (DCP)

20m

15.24m

23.8%

8.      The application has been referred to the Cumberland Local Planning Panel (CLPP) for determination due to the number of submissions received during the notification periods.

 

9.      It is recommended that the application be approved for a maximum of 35 children (due to the available unencumbered outdoor space/play area) subject to conditions provided in the Draft Notice of Determination held at Attachment 1.

Report:

Subject Site And Surrounding Area

The subject site is known as 24 Verlie Street, South Wentworthville, and is legally described as Lot 33 in DP 16442. The site is located on the southern side of Verlie Street. The site is a rectangular block with a frontage of 15.24m, depth of 45.72m and a total site area of 696.7m². The site is currently occupied by a detached dwelling house and garage. Adjoining the subject subject site directly to the east and west is an attached two storey dual occupancy and single storey dwelling respectively. The immediate area is characterised by low density housing. The subject site and all adjoining properties are zoned R2 Low Density Residential. Properties located on the northern side of Verlie Street are zoned R3 Medium Density Residential.

Zoning Map – Subject site hatched in red.


 

Aerial Plan – Subject site hatched in red

Site photo

24 Verlie Street, South Wentworthville

Description of The Proposed Development

The proposed development, as amended, involves the demolition of existing structures and construction of a two storey, 35 place child care centre over basement parking accommodating 14 parking spaces.

Key features of the development proposal are as follows:-

·        Demolition of the existing dwelling and garage.

·        Construction of a two-storey child care facility accommodating 35 children.

·        Construction of a basement level car parking area accommodating 14 car parking spaces, for staff and visitors (including 1 accessible space) and bin room.

·        The facility (as amended) will accommodate 35 children, as follows:

o        4 children – 0-2 yrs

o        13 children – 2-3 yrs

o        18 children – 3-5 yrs

·        The proposed centre will operate from 7.00am to 6.00pm Monday to Friday, and will employ 7 staff.

·        The ground floor level contains toilets, storage and indoor and outdoor play areas.

·        The first floor level contains office, toilet, staff room, kitchen, laundry, storage and balcony facing Verlie Street.

·        There is no signage proposed as part of the application.

History

Date

Action

4/10/2018

Development Application 2018/357 was lodged.

16/10/2018

The application was reviewed by Council’s DA Review team (DART)

19/10/2018

The application was referred to Council’s internal departments for review.

24/10/2018 to 7/11/2018

The application was publicly notified to adjoining and opposite owners, a notice was placed in the local press and a notice placed on the site for 14 days. In response, 8 submissions and 1 petition were received.

6/12/2018

Application was deferred due to non-compliances with SEPP (Educational Establishments and Child Care Facilities) 2017, Child Care Planning Guideline 2017, Holroyd Development Control Plan 2013, as well as traffic and environmental health matters.

17/12/2018

Application deferred to address stormwater matters.

31/01/2019

Amended plans and additional information were received by Council, reducing children placement to 41.

20/02/2019 to 6/03/2019

The application was renotified to a broader catchment, a notice was placed in the local press and a notice placed on the site for 14 days. In response, 1 submission was received and representation on behalf of the head petitioner was received confirming concerns as raised with the original proposal remain.

16/05/2019

Application deferred to reduce children placement and address traffic matters.

22/05/2019

Amended plans submitted were received by Council reducing children placement to 40.

26/06/2019

Application referred to CLPP for determination.

Applicant’s Supporting Statement

The applicant provided a Statement of Environmental Effects prepared by Think Planners Pty Ltd dated 4 October 2018 in support of the application.

Contact With Relevant Parties

The assessing officer has undertaken a site inspection of the subject site and surrounding properties and has been in regular contact with the applicant throughout the assessment process.

Internal Referrals

Development Engineer

The development application was referred to Council’s Development Engineer for comment who has advised that the development is supportable in regards to flood mitigation measures, and the provision of on-site detention, subject to conditions.

Traffic Engineer

The development application was referred to Council’s Traffic Engineer for comment who has advised that the development is supportable in regards to traffic management, and on-site parking provision in the basement level, subject to conditions.

Tree Management Officer

The development application was referred to Council’s Tree Management Officer for comment who has advised that the development is supportable in regards to the removal of the street tree and property tree within the rear yard, protection of existing trees on the adjoining properties, and replacement tree planting subject to conditions.

Waste Management Officer

The development application was referred to Council’s Waste Management Officer for comment who has advised that the development is supportable in regards to provision of bin tug, bin storage room, and waste collection and management plan, subject to conditions.

Environmental Health Officer

The development application was referred to Council’s Environmental Health Officer for comment who has advised that the development is supportable in regards to fit-out for food preparation area, acoustic assessment, noise management plan, noise attenuation measure, soil assessment, and site contamination, subject to conditions.

Children’s Services

The development application was referred to Council’s Children’s Services section for comment who has advised that the development is supportable in regards to compliance with the provisions of Education and Care Services National Regulations and Law, subject to conditions.

External Referrals

N/A

Planning Comments

The provisions of any Environmental Planning Instruments (EP & A Act, s4.15(1)(a)(i))

State Environmental Planning Policies

The proposed development is affected by the following State Environmental Planning Policies:

(a)     State Environmental Planning Policy No. 55 – Remediation of Land

The requirement at Clause 7 of SEPP No. 55 for Council to be satisfied that the site is suitable or can be made suitable to accommodate the proposed development has been considered in the following table:

Matters for consideration

Yes

No

N/A

Does the application involve re-development of the site or a change of land use?

Is the development going to be used for a sensitive land use (e.g.: residential, educational, recreational, childcare or hospital)?

Does information available to you indicate that an activity listed below has ever been approved, or occurred at the site?  

 

acid/alkali plant and formulation, agricultural/horticultural activities, airports, asbestos production and disposal, chemicals manufacture and formulation, defence works, drum re-conditioning works, dry cleaning establishments, electrical manufacturing (transformers), electroplating and heat treatment premises, engine works, explosive industry, gas works, iron and steel works, landfill sites,  metal treatment, mining and extractive industries, oil production and storage, paint formulation and manufacture, pesticide manufacture and formulation, power stations, railway yards, scrap yards, service stations, sheep and cattle dips, smelting and refining, tanning and associated trades, waste storage and treatment, wood preservation.

Is the site listed on Council's Contaminated Land Database?  

Is the site subject to EPA clean-up order or other EPA restrictions?  

Has the site been the subject of known pollution incidents or illegal dumping?

Does the site adjoin any contaminated land/previously contaminated land?  

Has the appropriate level of investigation been carried out in respect of contamination matters for Council to be satisfied that the site is suitable to accommodate the proposed development or can be made suitable to accommodate the proposed development?

Details of contamination investigations carried out at the site:  

In relation to clause 7(4) of SEPP 55, the land concerned is not located within an investigation area (clause 7(4)(a)), development for a purpose referred to in Table 1 of the Contaminated Land Planning Guidelines is not known to have been carried out on the land (clause 7(4)(b), and historic zoning controls of the land did not make lawful the carrying out of activities nominated in Table 1. Based on these considerations, clauses 7(2) and 7(3) of SEPP 55 have no application. The site is not identified in Council’s records as being contaminated. A site inspection reveals the site does not have any obvious signs or history of a previous land use that may have caused contamination and there is no specific evidence that indicates the site is contaminated. On this basis, SEPP 55 has no further application. Notwithstanding, a soil assessment report is required in accordance with the Child Care Planning Guideline issued by NSW Department of Planning and Environment. The application has been accompanied by a Preliminary Site Investigation report which concludes that the site can be made suitable for the proposed land use. Council’s Environmental Health section has also reviewed the proposal and considers the site is satisfactory subject to imposition of conditions.

(b)     State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

The relevant provisions of the SEPP have been considered in the assessment of the Application.

It is noted that State Environmental Planning Policy (Educational Establishments And Child Care Facilities) 2017 commenced on 1 September 2017. The SEPP applies to any proposals for new schools or child care centres or proposed alterations and additions to existing centres. The relevant provisions of the SEPP have been considered in the assessment of the Application.

A comprehensive assessment and compliance table is attached to this report in Appendix A, which indicates that there are non-compliances with the SEPP 2017 with regard to number of children proposed and outdoor unencumbered space as under:

·        Control

·         Required

·        Provided

·        Number of children and outdoor unencumbered space (regulation 108 SEPP 2017 and part 4.9 the Guideline)

7m² x 40 = 280m²

The application indicates that an unencumbered area of 286m² is provided. However, this has not taken consideration of OSD pits, retaining walls and dense planting. The assessment officer’s calculation of the unencumbered outdoor space equates to 247m². This will accommodate only 35 children. This report recommends a condition to be imposed on any consent granted for a reduction in the number of children to 35.

(c)     Statement Environmental Planning Policy No 19 - Bushland in Urban Areas

The subject site does not adjoin land zoned or reserved for public open space. The proposal does not propose to disturb bushland zoned or reserved for public open space.

(d)     State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

Removal of one (1) existing street tree and one (1) property tree within the rear yard is proposed as part of this application. Council’s Tree Management Officer has reviewed the proposal and raised no objections to tree removal subject to the impositions of conditions requiring the planting of a replacement street tree and one tree within the rear yard. In addition, the proposal does not exceed the biodiversity offsets scheme threshold. Therefore, the proposed vegetation removal is considered acceptable.

Regional Environmental Plans (Deemed State Environmental Planning Policies)

(e)     Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The subject site is identified as being located within the area affected by the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005. The proposed development raises no issues as no impact on the catchment is envisaged.

Note: The subject site is not identified in the relevant map as land within the ‘Foreshores and Waterways Area’ or ‘Wetland Protection Zone’, is not a ‘Strategic Foreshore Site’ and does not contain any heritage items. Hence the majority of the SREP is not directly relevant to the proposed development.

Local Environmental Plans

(a)     Holroyd Local Environmental Plan (LEP) 2013

The proposed development is defined as a ‘centre based child care facility’ under the provisions of Holroyd Local Environmental Plan (LEP) 2013. Centre based child care facilities are a permissible land use with consent under the R2 – Low Density Residential zoning applying to the land under Holroyd LEP 2013.

A comprehensive assessment and compliance table is attached to this report in Appendix B which demonstrates the development proposal’s compliance with the relevant planning controls that are applicable to the site under the Holroyd LEP 2013.

The provisions of any draft Environmental Planning Instruments (EP & A Act Section 4.15(1)(a)(ii))

The proposed development is not affected by any relevant Draft Environmental Planning Instruments.

The provisions of any Development Control Plans (Environmental Planning & Assessment Act Section 4.15(1)(a)(iii))

(b)     Holroyd Development Control Plan (HDCP) 2013

The Holroyd DCP 2013 provides guidance for the design and operation of development within Holroyd to achieve the aims and objectives of Holroyd LEP 2013.

The proposed development is generally compliant with the relevant provisions. Parts A, B & I apply to the proposal. A comprehensive assessment and compliance table is attached to this report at Appendix C which demonstrates the development proposal’s compliance with the relevant planning controls that are applicable to the site.

The assessment provided in Appendix C indicates that there are some minor non-compliances with the HDCP 2013 with regard to car parking, landscape area, and basement and driveway setbacks, which are discussed in the following section:

No.

Clause

Comment

Yes

No

N/A

PART A – GENERAL CONTROLS

3.5

Access, Manoeuvring and Layout

Driveways shall be setback a minimum of 1.5m from the side boundary.

The proposed driveway is setback 1.4m from the eastern side boundary which is less than what is required. Setback shortfall of 0.1m is considered acceptable given the provision of separate driveways which will ensure safe vehicular movement while entering and exiting the site.

PART B – RESIDENTIAL CONTROLS

1

GENERAL RESIDENTIAL CONTROLS

1.5

Landscape Area

Min. 20%  = 139.34m2

Area of 2.3% (16.2m²) is provided with min. 2m dimension.

 

Landscaped area in the form of unencumbered outdoor space for the child care centre within the rear yard equates to 159.9m².

 

Variation to the required landscaped area is acceptable given that the rear yard comprises the unencumbered outdoor space for the child care centre, which cannot be calculated as landscaped area.

PART I – CHILDCARE CENTRES

1

SIZE, DENSITY AND LOCATION

 

Site Frontage

The minimum site frontage for a child care centre is 20 metres.

The site has a frontage of 15.24m. The deficiency of the property’s site frontage is considered supportable as the proposal (as amended) generally complies with relevant requirements for child care centres in terms of provision and quality of play spaces, amenity impacts of the centre, provision of parking and compatibility with surrounding properties. In addition, the subject property complies with site and location considerations contained within the Child Care Planning Guideline.

Any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F (EP & A Act s79C(1)(a)(iiia))

There are no draft planning agreements or planning agreements associated with the subject Application.

The provisions of the Regulations (Environmental Planning & Assessment Act Section 4.15(1)(a)(iv))

The proposed development raises no concerns as to the relevant matters arising from the Environmental Planning & Assessment Regulations 2000.

Section 4.15 (1)(a)(v) - any coastal zone management plan (within the meaning of the Coastal Protection Act 1979)

There is no Coastal Zone Management Plan applicable for the site.

The Likely Environmental, Social or Economic Impacts (EP & A Act s4.15(1)(b))

The likely impacts of the development have been considered in the assessment of the application and it is considered that the proposed development will have no significant adverse environmental, social or economic impacts in the locality.


 

The suitability of the site for the development (EP & A Act s4.15(1)(c))

The site is considered suitable to accommodate the proposed development. The proposed development has been assessed in regard to its environmental consequences and having regard to this assessment, it is considered that the development is suitable in the context of the site and surrounding locality.

Submissions made in accordance with the Act or Regulation (EP & A Act s4.15C(1)(d))

Advertised (newspaper)                Mail              Sign               Not Required

In accordance with Part E - Public Participation of the Holroyd DCP 2013, the application was publicly notified to adjoining and opposite owners, a notice was placed in the local press and a notice placed on the site for 14 days from 24 October 2018 to 7 November 2018. In response, 8 submissions and 1 petition were received.

Amended plans received was publicly re-notified for 14 days from 20 February 2019 and 6 March 2019 in line with the original notification period, however re-notification was sent to a broader catchment comprising all properties within the block bound by Friend Street, Frances Street, Verlie Street and Coleman Street, as well as properties located on the northern side of Verlie Street; following concerns raised during the initial notification period. In response, 1 submission was received and representation on behalf of the head petitioner was received confirming concerns as raised with the original proposal remain.

The issues raised in the public submissions and concerns raised in the petition are summarised and commented on as follows:

Concern

Comment

1. Traffic and parking

There will not be enough car parking spaces to service the child care centre, traffic peak times within AM/PM are to be considered as this will affect pedestrian safety, traffic flow and availability of parking in Verlie Street.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Under the Holroyd Development Control Plan 2013, the required parking rate for child care centres is 1 space per 4 children and 1 space per 2 staff, which equates to total of 12 spaces (3 staff and 9 visitor spaces) required for the reduced 35 children placement. This rate has been provided on site, which takes into account staff and visitor parking demands. The proposal provides 4 staff and 10 visitor parking spaces which equates to 1 additional staff and 1 additional visitor parking space within the basement, which assists with providing additional parking off Verlie Street.

 

It is noted that Council’s rate of 1 car space per 4 children is consistent with the recently introduced NSW State Government document entitled Child Care Planning Guideline, in which the rate of 1 space per 4 children encompasses the whole centre including all staff.

 

A condition is to be imposed to ensure that ratio of staff and visitor parking is allocated accordingly, which is at least 14 spaces for on-site parking spaces (surplus of 2 spaces) based on 35 children. The proposed parking arrangement and swept path have been reviewed by Council’s Traffic Engineer and considered satisfactory, subject to conditions.

 

The submitted traffic report has been carried out based on surveys during peak times AM and PM between 7.00am – 9.00am and 4.00pm – 6.00pm on 25 July 2018 (Wednesday). Council noted the additional traffic to be generated by the proposal and the findings from the Traffic and Parking Impact Assessment Report. The proposed development is a low trip generator and can be accommodated in the locality without affecting performance of on Verlie Street, or on the existing road network with respect to delays or queues of nearby intersections, and complies with Council’s parking requirements.

 

The provision of separate driveways for entry and exit allow all vehicles to enter and leave in a forward direction and provide adequate sight distance. It is envisaged that motorists will be capable of entering and exiting the site in a safe and efficient manner. In addition, there is a 1.2m separation distance between the two driveways which also provide pedestrians a safe refuge area to wait to cross when vehicles enter and exit the basement. 

 

An additional condition is included to ensure any front fencing will allow clear sightlines for vehicular access.  The number of parking spaces provided is considered acceptable and appropriate to meet the parking demand of the proposed centre without placing unacceptable demands on the availability of parking within the locality or on the local street network.

 

The entry/exit driveway is at an obvious location that will not be missed by parents and caregivers. The parents and caregivers will be regular visitors to the centre knowing in advance the location of car parking. An Operational Management Plan (OMP) shall be enforced by way of conditions to encourage the use of the basement parking facility. All pickup and drop-off is expected to take place within the basement and it is not considered to create any adverse impact on the public space.

 

Given the operation of the child care centre will be wholly contained in the subject site, disruption to any emergency and garbage vehicles access onto Verlie Street is not anticipated.

2. Noise

The proposed child care centre will be a noise nuisance to surrounding properties. Design of acoustic fencing location, height and thickness are not acceptable. Location of mechanical ventilation will impact neighbouring properties. Noise management plan will not effective in reducing noise.

 

The design of acoustic fencing location, height and thickness, contained within the submitted Noise Impact Assessment have been reviewed by Council’s Environmental Health Officer and are considered satisfactory to comply with the relevant noise control provisions. The acoustic report demonstrates that the proposed centre can be accommodated on the site without noise nuisance to adjoining and surrounding properties, as the noise generated from both indoor and outdoor play activities can comply with the relevant environmental noise guidelines with the imposition of a Noise Management Plan submitted with the application and the installation of relevant noise mitigation measures such as acoustic fencing. The acoustic consultant recommendation shall be captured within the required Noise Management Plan.

 

The centre is proposed to operate from 7.00am to 6.00pm Monday to Friday. The acoustic assessment also has had regard to noise generated from mechanical plant, car park emissions and indoor activities, which only occur during the operation of child care centre.

 

Conditions are to be imposed in the consent to avoid any breaches to the required noise threshold, including noise management to be incorporated in the OMP.

3. Disturbance to neighbouring properties – asbestos exposure during demolition and subsidence from basement excavation.

The concerns raised have been reviewed in the assessment of the subject application.

 

Should the building to be demolished be found to be wholly or partly clad with asbestos cement, approval to commence demolition will not be given until Council is satisfied that all measures are in place so as to comply with WorkCover’s document “Your Guide to Working with Asbestos”, and demolition works must at all times comply with its requirements. Demolition works involving the removal and disposal of asbestos cement must only be undertaken by contractors who hold a current WorkCover “Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos Licence”. In addition, all asbestos laden waste, including asbestos cement flat and corrugated sheets must be disposed of at a tipping facility licensed by the Environment Protection Authority (EPA). Conditions are imposed requiring the removal of asbestos to be in accordance with the relevant Australian Standards and health and safety requirements.

 

Excavation of basement is subject to conditions imposed to ensure that structural integrity of the adjoining properties is maintained.

 

In addition, the Applicant is required to carry out a dilapidation report of adjoining properties prior to the commencement of any construction works to determine if underpinning and supportive measures are required to ensure that there is no subsidence as a result of the proposal.

4. The proposed child care centre is not suitable for the street.

 

The site permits the construction of the child care centre, and the proposed bulk and scale complies with built form requirements contained within Holroyd DCP 2013. The unsuitability of the site for a child care centre due to traffic and parking impacts outlined in submissions received have been reviewed by Council’s Traffic Section and deemed satisfactory. The subject site satisfies the site and location criteria under the Child Care Planning Guideline and relevant regulations stipulated under the Educational Establishments and Child Care Facilities SEPP 2017 as discussed in the body of this report.

5. Notification of DA not received by all residents on Verlie Street

The application was publicly notified to adjoining and opposite owners, a notice was placed in the local press and a notice placed on the site for 14 days from 24 October 2018 to 7 November 2018, in accordance with Part E – Public Participation of Holroyd Development Control Plan 2013.

 

Concerns were raised with respect to the extent of properties notified of the application during the initial notification period. Having regard to concerns raised, amended plans received were publicly re-notified for 14 days from 20 February 2019 and 6 March 2019 in line with the original notification period; however, re-notification was sent to a broader catchment of residents comprising all properties within the block bound by Friend Street, Frances Street, Verlie Street and Coleman Street, as well as properties located on the northern side of Verlie Street.

The public interest (EP & A Act s4.15(1)(e))

The public interest is served by permitting the orderly and economic development of land, in a manner that is sensitive to the surrounding environment and has regard to the reasonable amenity expectations of surrounding land users. In view of the foregoing analysis it is considered that the development, if carried out subject to the conditions set out in the Draft Notice of Determination, will have no significant adverse impacts in the locality.

Section 7.11 Contribution Towards Provision or Improvement of Amenities or Services

This part of the Act relates to the collection of monetary contributions from applicants for use in developing key local infrastructure. The development does not require the payment of contributions in accordance with Holroyd Section 94 Contributions Plan 2013.

Disclosure of Political Donations And Gifts

The NSW Government introduced The Local Government and Planning Legislation Amendment (Political Donations) Act 2008 (NSW). This disclosure requirement is for all members of the public relating to political donations and gifts. The law introduces disclosure requirements for individuals or entities with a relevant financial interest as part of the lodgement of various types of development proposals and requests to initiate environmental planning instruments or development control plans.

The application and notification process did not result in any disclosure of Political Donations and Gifts.

Conclusion:

The Application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy No. 55 – Remediation of Land, State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, Education and Care Services National Regulations, Holroyd Local Environmental Plan 2013 and the Holroyd Development Control Plan 2013 and is considered to be satisfactory for approval, subject to reduction in number of children to 35 (to comply with the outdoor unencumbered space) and the draft conditions.

Consultation:

There are no further consultation processes for Council associated with this report.

Financial Implications:

There are no further financial implications for Council associated with this report.

Policy Implications:

There are no policy implications for Council associated with this report.

Communication / Publications:

The final outcome of this matter will be notified in the newspaper. The objectors will also be notified in writing of the outcome.

 

Report Recommendation:

1.      That Development Application 2018/357/1 for demolition of existing structures and construction of a two storey, 35 place child care centre over basement parking accommodating 14 parking spaces on land at 24 Verlie Street, South Wentworthville be approved under Deferred Commencement, subject to the attached conditions, provided at Attachment 1.

2.      That the applicant and those persons who lodged a submission in respect of the application be notified of the determination of the application.

 

Attachments

1.      Draft Notice of Determination

2.      Architectural Plans Internal

3.      Architectural Plans External

4.      Landscape Plan

5.      Noise Impact Assessment

6.      Traffic & Parking Assessment & Addendum Statement

7.      Submissions & Petition

8.      Appendix A - State Environmental Planning Policy (Educational Establishments & Child Care Facilities) 2017

9.      Appendix B - Holroyd Local Environmental Plan 2013

10.    Appendix C - Holroyd Development Control Plan 2013

11.    Appendix D -Child Care Planning Guideline 2017  

 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP046/19

Attachment 1

Draft Notice of Determination


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP046/19

Attachment 2

Architectural Plans Internal


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP046/19

Attachment 3

Architectural Plans External


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP046/19

Attachment 4

Landscape Plan


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP046/19

Attachment 5

Noise Impact Assessment


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP046/19

Attachment 6

Traffic & Parking Assessment & Addendum Statement


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP046/19

Attachment 7

Submissions & Petition


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP046/19

Attachment 8

Appendix A - State Environmental Planning Policy (Educational Establishments & Child Care Facilities) 2017


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP046/19

Attachment 9

Appendix B - Holroyd Local Environmental Plan 2013


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP046/19

Attachment 10

Appendix C - Holroyd Development Control Plan 2013


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP046/19

Attachment 11

Appendix D -Child Care Planning Guideline 2017


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


 


 


Extraordinary Cumberland Local Planning Panel Meeting

26 June 2019

 

Item No: LPP047/19

Development Application for 2 Blaxcell Street, Granville

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA-529/2017  

 

 

Application lodged

15 December 2017

Applicant

Nabil Georges Farah

Owners

Mrs T G Farah, Mr J G Farah, Mr N G Farah, Mr M G Farah, and Mrs T Morched

Application No.

DA-529/2017

Description of Land

2 Blaxcell Street, Granville

Proposed Development

Demolition of existing structures and construction of a 3 storey building and 4 storey building comprising 23 residential units and 2 commercial tenancies over 4 levels of basement parking.

Site Area

2,710m2

Zoning

B4 Mixed Use

Disclosure of political donations and gifts

Nil disclosure

Heritage

The subject site is not a heritage item, nor is it located within a heritage conservation area.

 

i)               The subject site is located within the vicinity of 2 heritage items, which are as follows:-

·       1A Glen Street, Granville – Scout Hall; and

·       104 South Street, Granville – Uniting Church.

Principal Development Standards

Floor Space Ratio

Permissible:                                                                                                1.5:1

Proposed: 1.01:1

Height of Buildings

Permissible: 15m

Proposed: 17.1m

Issues

· Height of Buildings

· Rear Setbacks

 

Figure 1 – Perspective from William Street, looking south-west (Source: Design Cubicle, 2019)

Figure 2 – Perspective from William Street, looking south (Source: Design Cubicle, 2019)

Figure 3 – Perspective from Blaxcell Street, looking west (Source: Design Cubicle, 2019)

Summary:

Council is in receipt of a Development Application from Nabil Georges Farah seeking approval for demolition of existing structures and construction of a 3 storey building and 4 storey building comprising 23 residential units and 2 commercial tenancies over 4 levels of basement parking at 2 Blaxcell Street, Granville. The Development Application Architectural Plans are provided as Attachment 1 to this report.

The site is affected by flooding, and is listed as being within a floodway and a high hazard area. The development has been assessed by Council’s Development Engineer to be acceptable, subject to conditions.

The Development Application was publicly notified for a period of 21 days from 16 January 2018 to 6 February 2018. In response, no submissions were received.

The site is zoned B4 Mixed Use, pursuant to the Parramatta Local Environmental Plan (PLEP) 2011.  Mixed use development, comprising residential flat buildings and commercial premises are permissible with development consent in the B4 Mixed Use zone.

The proposal is consistent with the aims and objectives of State Environmental Planning Policy (State and Regional Development) 2011, State Environmental Planning Policy No. 55 (Remediation of Land), State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Infrastructure) 2007, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Sydney Environmental Plan (Sydney Harbour Catchment) 2005, Parramatta Local Environmental Plan (PLEP) 2011, Draft SEPP (Environment), and Parramatta Development Control Plan (PDCP) 2011.

 

The Development Application was referred for comments externally to Roads and Maritime Services and Endeavour Energy, to which the application was supported. The application was also referred externally to WaterNSW, and concurrence sought due to site dewatering in conjunction with the development. General Terms of Approval were subsequently issued.

The Development Application was referred for comments internally to Council’s Development Engineer, Tree Management Officer, Environmental Health Officer, and Public Art Coordinator, to which the application is supported.

The proposed development has been assessed against the relevant matters for consideration pursuant to Section 4.15 of the Environmental Planning and Assessment Act, 1979, including likely impacts, the suitability of the site for the development, and the public interest, and the proposed development is considered appropriate.

The variations sought via the subject modification application are as follows:

Control

Required

Provided

% Variation

Height of Buildings

Max. 15m

17.1m

14%

Rear Setbacks

Min. 9m

3.5m

61.11%

The application is being reported to the Cumberland Local Planning Panel for determination, as it is a development with more than 4 storeys to which State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Developments applies, and the exceedance to the height of buildings development standard exceeds 10%.

In light of the above, it is recommended that the Cumberland Local Planning Panel approve the Development Application, subject to the draft Notice of Determination provided at Attachment 3 to this report.

Report:

Subject Site And Surrounding Area

The subject site is known as 2 Blaxcell Street, Granville, and is legally described as Lot 1, DP 794229. The site is irregularly shaped, and has a frontage of 26.69 metres to Blaxcell Street and a frontage of 48.815 metres to William Street. The total site area is 2,710sqm, and is illustrated in Figure 4 below:

Figure 4 - Location Map (Source: Cumberland Council, 2019)

The subject site is currently built upon, occupied by a service station, with no existing trees or vegetation present on the subject site.

The surrounding locality is characterised as follows:

·        North

i)               35 Enid Avenue, Granville – 6 storey residential flat building.

ii)             107 South Street, Granville – Part 1 / part 2 storey commercial premises.

iii)            

·        East

iv)           54 William Street, Granville – Part 1, part 2 storey medium density development.

v)              

·        South       

vi)           4-6 Blaxcell Street, Granville – Single storey community centre.

vii)          

·        West

viii)       Duck Creek corridor

ix)           64 William Street, Granville – 4 storey residential flat building.

The topography of the site is maintained to a 2.9% gradient, with a 1.67 metre fall from north to south-south west. The site is affected by flooding, and is listed as being within a floodway and a high hazard area.

An existing 9 metre wide easement for water supply transverses the site in a north-east, south-west alignment, with the easement benefited by Sydney Water.

The site is zoned B4 – Mixed Use, pursuant to the Parramatta Local Environmental Plan (PLEP) 2011, with an interface to the R4 - High Density Residential zone to the north, east and south of the site, as shown in Figure 5 below:

Figure 5 – Zoning Map (Source: Cumberland Council, 2019)

The subject site is situated to the west of Blaxcell Street and south of William Street. Figure 6 below illustrates an aerial perspective of the site and the general surroundings.

Figure 6 – Aerial Photo (Source: Cumberland Council, 2018)

The subject site is located within the vicinity of 2 heritage items, which are as follows:-

·        1A Glen Street, Granville – Scout Hall; and

x)              

·        104 South Street, Granville – Uniting Church.

Description of The Proposed Development

The proposal is for demolition of existing structures and construction of a 3 storey building and 4 storey building comprising 23 residential units and 2 commercial tenancies over 4 levels of basement parking.

Specific details of the proposed development are as follows:

Built Form

The proposal comprises a 4 storey building known as Building 1, and 3 storey building known as Building 2, with ground floor commercial tenancies, totalling 116m², residential units to the rear of Building 1, and residential units above both buildings. In detail:

Building 1: The ground floor comprises a single commercial tenancy with a central common area, dual cores accessed via a lift and stairwell, with 3 residential units and residential bin area. The remaining 3 storeys above propose a total of 18 units, consisting of 6 units within each floor, above which the roof level comprises a communal open space area.

Building 2: The ground floor comprises a single commercial tenancy with a central common area and core, accessed via a stairwell, with separate commercial and residential bin areas. The remaining 2 storeys above propose a total of 2 units, consisting of 1 unit within each floor.

The proposed development, as measured to both Blaxcell Street and William Street, maintains a 3 metre setback, with a side setback varying between 3 metres and 7.755 metres, as measured from the southern boundary, and rear setback varying between 3.5 metres and 9 metres.

Parking (Basement Levels)

 

 

Basement 1

Basement 2

Basement 3

Basement 4

Total

Residential Parking

Nil

8

~5 visitor

12 spaces

~2 accessible

11 spaces

~2 accessible

31 spaces

Commercial

Parking

10 spaces

~1 accessible

3 spaces

~1 accessible

Nil

Nil

13 spaces

Bicycle Parking

Nil

Nil

7 spaces

7 spaces

14 spaces

Residential Apartment Mix

 

 

Building 1

Building 2

Total

1 Bedroom

4

Nil

4

2 Bedroom

7

2

9

3 Bedroom

10

Nil

10

 

 

Total

23

 


 

Access Arrangements

Pedestrian access to the development is maintained from Blaxcell Street and William Street. A dual core arrangement is designed to Building 1, designed to maintain access to the basement levels, ground floor commercial tenancy and residential units, and residential units above. A single core arrangement is designed to Building 2, designed to maintain access to the ground floor commercial tenancy and residential units above. Access to the basement from Building 2 is impeded by the existing 9 metre wide easement for water supply which transverses the site, with access maintained through the cores designed to building 1.

Communal Open Space

The proposal maintains the 3 communal open space areas, designed to the area between Building 1 and Building 2, the area to the north and north-west of Building 1, and within the roof level of Building 1. The overall communal open space area is designed to be 1,180.9m², equivalent to 49% of the site area.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Planning Direction Pty Ltd dated December 2017, and was received by Council on 15 December 2017 in support of the application.

Following design revisions, an amended Statement of Environmental Effects prepared by Planning Direction Pty Ltd dated February 2019, was lodged, which was received by Council on 20 February 2019 in support of the application.

Contact With Relevant Parties

The assessing officer has undertaken an inspection of the subject site and has been in contact with the applicant throughout the assessment process.

Internal Referrals

Development Engineer

The Development Application was referred to Council’s Development Engineer for comments, as the site is affected by flooding, and so as to review the submitted stormwater plans. Council’s Development Engineer has advised the proposed development is supportable, subject to the imposition of deferred commencement conditions, to resolve flood, stormwater and waste management matters, which have been imposed within the draft Notice of Determination provided as Attachment 3 to this report.

Tree Management Officer

The Development Application was referred to Council’s Tree Management Officer for comments, noting the existing street trees, and so as to review the submitted landscape plans. Council’s Tree Management Officer has advised the proposed development is supportable, subject to standard conditions of consent, which have been imposed within the draft Notice of Determination provided as Attachment 3 to this report.

Environmental Health Officer

The Development Application was referred to Council’s Environmental Health Officer for comments, noting the present use as a service station, as so as to review the submitted Detailed Site Investigation, Remedial Action Plan, Geotechnical Investigation, and Acoustic Report. Council’s Environmental Health Officer has advised the proposed development is supportable, subject to standard conditions of consent, which have been imposed within the draft Notice of Determination provided as Attachment 3 to this report.

Public Art Coordinator

The Development Application was referred to Council’s Public Art Coordinator for comments, so as to review the submitted Public Art Plan. Council’s Public Art Coordinator has advised the submitted Public Art Plan is acceptable, subject to standard conditions of consent, which have been imposed within the draft Notice of Determination provided as Attachment 3 to this report.

External Referrals

WaterNSW

The Development Application was referred to WaterNSW for comments, and concurrence sought due to site dewatering in conjunction with the development. General Terms of Approval were subsequently issued.

Roads and Maritime Services

The Development Application was referred to Roads and Maritime Services for comments who has advised the proposed development is supported.

Endeavour Energy

The Development Application was referred to Endeavour Energy for comments who has advised the proposed development is supported.

Planning Comments

Section 4.15 of the Environmental Planning and Assessment Act 1979 (EP & A Act)

The provisions of any Environmental Planning Instruments (EP & A Act s4.15 (1)(a)(i))

The following Environmental Planning Instruments are relevant to the assessment of the subject modification application:

(a)     State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55)

The requirement at Clause 7 of SEPP No. 55 for Council to be satisfied that the site is suitable or can be made suitable to accommodate the proposed development has been considered in the following table:

Matters for consideration

Yes

No

N/A

Does the application involve re-development of the site or a change of land use?

Is the development going to be used for a sensitive land use (e.g.: residential, educational, recreational, childcare or hospital)?

Does information available to you indicate that an activity listed below has ever been approved, or occurred at the site?  

 

acid/alkali plant and formulation, agricultural/horticultural activities, airports, asbestos production and disposal, chemicals manufacture and formulation, defence works, drum re-conditioning works, dry cleaning establishments, electrical manufacturing (transformers), electroplating and heat treatment premises, engine works, explosive industry, gas works, iron and steel works, landfill sites,  metal treatment, mining and extractive industries, oil production and storage, paint formulation and manufacture, pesticide manufacture and formulation, power stations, railway yards, scrap yards, service stations, sheep and cattle dips, smelting and refining, tanning and associated trades, waste storage and treatment, wood preservation.

Is the site listed on Council's Contaminated Land Database?  

Is the site subject to EPA clean-up order or other EPA restrictions?  

Has the site been the subject of known pollution incidents or illegal dumping?

Does the site adjoin any contaminated land/previously contaminated land?  

Has the appropriate level of investigation been carried out in respect of contamination matters for Council to be satisfied that the site is suitable to accommodate the proposed development or can be made suitable to accommodate the proposed development?

Details of contamination investigations carried out at the site:  

 

The site is identified in Council’s records as being contaminated. A Detailed Site Investigation has been prepared by Aargus Pty Ltd, which has been submitted with the Development Application. The author of the report concludes that the risk to human health and the environment associated with soil / groundwater contamination at the site is low with the site being suitable for the proposed development, subject to the submission of a Remediation Action Plan. A Remediation Action Plan (RAP) has subsequently been prepared by Aargus Pty Ltd, with the authors concluding the site can be rendered suitable for the proposed development, if remediation is carried out in accordance with the submitted RAP.

 

Council’s Environmental Health Officer has reviewed the Detailed Site Investigation, and associated RAP, and is satisfied that the information has been prepared in accordance with the NSW EPA Guidelines for Consultants Reporting on Contaminated Sites and NSW EPA (2006, 2nd Edition) “Guidelines for the NSW Site Auditor Scheme.

(b)     State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (SEPP 65)

SEPP 65 and the associated Apartment Design Guide (ADG) apply to the assessment of the subject application as it includes residential flat buildings that are 3 storeys or more in height and contain more than 4 dwellings.

The Development Application has been accompanied by a Design Verification Statement from a Registered Architect. The proposed development has been assessed to comply with the requirements of SEPP 65 and the ADG. A comprehensive assessment against the ADG is contained in Attachment 4 to this report.

(c)     State Environmental Planning Policy (Infrastructure) 2007 (ISEPP)

The provisions of the ISEPP 2007 have been considered in the assessment of the Development Application.

Clause 45 - Development likely to affect an electricity transmission or distribution network

The subject development occurs within 5 metres of an overhead and underground electricity power lines. As such, the Consent Authority is required to give written notice to an electricity supply authority. The Development Application was referred to Endeavour Energy, who advised the proposal is supported.

Clause 85 – Development adjacent to railway corridors

The application is not subject to clause 85 of the ISEPP, as the subject site is not located adjacent to a railway corridor.

Clause 86 – Excavation in, above, below or adjacent to rail corridors

The application is not subject to clause 86 of the ISEPP as the proposed redevelopment of the site does not involve excavation to a depth of at least 2m below ground level (existing) on land within 25m (measured horizontally) of a rail corridor.

Clause 87 – Impact of rail noise or vibration on non-rail development

The application is not subject to clause 87 of the ISEPP as the site is not in or adjacent to a rail corridor, and is not likely to be adversely affected by rail noise or vibration.

Clause 101 – Frontage to classified road

The application is not subject to clause 101 of the ISEPP as the site does not have a frontage to a classified road.

Clause 102 – Impact of road noise or vibration on non-road development

The application is not subject to clause 102 of the ISEPP as the annual average daily traffic volume of Blaxcell Street and William Street are less than 40,000 vehicles.

Clause 104 – Traffic generation developments

The application is not subject to clause 104 of the ISEPP as the proposal does not trigger the requirements for traffic generating developments listed in Schedule 3 of the ISEPP.

(d)     State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

A BASIX Certificate has been lodged as a part of the Development Application. An amended BASIX Certificate was not lodged with the subject application, which have been imposed as a condition within the draft Notice of Determination provided as Attachment 3 to this report.

(e)     State Environmental Plan (Sydney Harbour Catchment) 2005

The subject site is identified as being located within the area affected by the Sydney Environmental Plan (Sydney Harbour Catchment) 2005. The proposed development raises no issues, as no impact on the catchment is envisaged.

Note: The subject site is not identified in the relevant map as land within the ‘Foreshores and Waterways Area’ or ‘Wetland Protection Zone’, is not a ‘Strategic Foreshore Site’ and does not contain any heritage items. Hence the majority of the State Environmental Plan is not directly relevant to the proposed development.

(f)      Parramatta Local Environmental Plan 2010 (PLEP 2011)

The provision of the PLEP 2011 is applicable to the development proposal. It is noted that the development achieves compliance with the key statutory requirements of the PLEP 2011 and the objectives of the B4 – Mixed Use zoning, with the exception of the height of building development standard, which is discussed below.

Permissibility

·        The proposed development is defined as a mixed use development, comprising residential flat buildings and commercial premises, and is permissible in the B4 – Mixed Use zone with consent.

Mixed use development means a building or place comprising 2 or more different land uses

Residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.

Note. Residential flat building is a type of residential accommodation.

Commercial premises means any of the following:

(a)     Business premises,

(b)     Office premises,

(c)     Retail premises.

The relevant matters to be considered under PLEP 2011 and the applicable clauses for the proposed development are summarised below. A comprehensive LEP assessment is contained in Attachment 5 to this report.

Development Standard

Proposed

Compliance

Height of Buildings

15 metres

17.1 metres.

 

A Clause 4.6 Statement has been submitted, justifying the contravention. Refer to commentary below.

No

Floor Space Ratio

1.5:1

1.01:1.

Yes

Clause 4.6 – Variation to Height of Buildings Development Standard

·        Clause 4.6 allows the consent authority to vary development standards in certain circumstances, and provides an appropriate degree of flexibility to achieve better design outcomes. The consent authority may grant the exception as the Secretary’s concurrence can be assumed where clause 4.6 is adopted as per the Department of Planning Circular PS 18-003, dated 21 February 2018.

The applicant has submitted a written request to vary the height of buildings development standard. Based on various case laws established by the Land and Environment Court of NSW such as Four2five P/L v Ashfield Council [2015] NSWLEC 9, Randwick City Council v Micaul Holdings P/L [2016] NSW LEC7 and Zhang and anor v Council of the City of Ryde [2016] NSWLEC 1179, a 3 part assessment framework for a variation request proposed under clause 4.6 has been considered and an assessment of the proposed variance, following the 3 part test, is discussed in detail below.

The 3 preconditions which must be satisfied before the application can proceed are as follows:

1.      Is the proposed development consistent with the objectives of the zone?

The proposed development is considered to be consistent with the B4 – Mixed use zone objectives, as it provides a mixture of compatible uses, integrates commercial and residential in an accessible location, and providing high density residential development.

2.      Is the proposed development consistent with the objectives of the development standard which is not met?

 

The objectives of Clause 4.6 is to ensure that a maximum building height is established to enable the appropriate development density to be achieved, and to ensure buildings are compatible with the character of the locality. The extent of the exceedance is limited to the lift overrun, parapet walls, planter boxes and bathroom facilities associated with the rooftop communal open space area, with habitable floor space maintained below the height limit. Therefore the built form is consistent with the density and desired future character of the area.

 

3.      a) Is compliance with the development standard unreasonable or unnecessary in the circumstances of the case? And;

Strict compliance with the development standard in this instance is considered to be unreasonable and unnecessary in this instance as:

- The extent of the exceedance is limited to the lift overrun, parapet walls, planter boxes and bathroom facilities associated with the rooftop communal open space area. The habitable floor space is maintained below the height limit.

- The exceedance is a result of the flood affectation of the site, and the requirement to raise the building to respond to minimum freeboard levels.

- The variation will not result in noticeable bulk, height or scale, as viewed from the public domain, and will not result in additional solar access, view loss or privacy.

- The development is of an acceptable architectural design, which will contribute to the streetscape and visual amenity of the area.

b) Are there sufficient environmental planning grounds to justify contravening the development standard and therefore is the applicant’s written justification well founded?

The unique circumstances of the case are considered to warrant support of the departure. Given that the proposed development responds to the site and does so without unduly compromising relationships with adjoining development, and does not unduly compromise other relevant controls, the proposal is considered to be consistent with the objectives of the height of buildings development spaces, and development within the B4 Mixed Use zone. In this regard, the exception is well founded and can be supported.

Conclusion

Council is satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6 subclause (3). Council is further satisfied that the proposed development will be in the public interest, as it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.

It is the view of Council officers that justification provided is satisfactory and having considered the application on its merit, the exception to the maximum height of buildings development standard is considered acceptable in this instance.

The provisions of any Proposed Instruments (EP & A Act s4.15 (1)(a)(ii))

The following draft Environmental Planning Instruments are relevant to the assessment of the subject modification application:

(a)     Draft State Environmental Planning Policy (Environment)

The draft SEPP relates to the protection and management of our natural environment with the aim of simplifying the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property. The changes proposed include consolidating the following seven existing SEPPs:

·        State Environmental Planning Policy No. 19 – Bushland in Urban Areas.

·        State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011.

·        State Environmental Planning Policy No. 50 – Canal Estate Development.

·        Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment.

·        Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997).

·        Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.

·        Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property.

The draft policy will repeal the above existing SEPPs and certain provisions will be transferred directly to the new SEPP, amended and transferred, or repealed due to overlaps with other areas of the NSW planning system.

As noted within the assessment above under the heading ‘State Environmental Plan (Sydney Harbour Catchment) 2005’, the proposed development raises no issues, as no impact on the catchment is envisaged.

The provisions of any Development Control Plans (EP & A Act s4.15 (1)(a)(iii))

The following Development Control Plans are relevant to the assessment of the subject modification application:

(a)     Parramatta Development Control Plan 2011 (PDCP 2011)

The PDCP 2011 applies to the subject site. The proposed development has been assessed to comply with the provisions of the PDCP 2011, with the exception of the rear setback standard, which is discussed below. A comprehensive assessment against the provisions of the PDCP 2011 is contained in Attachment 6 to this report.

Rear Setback

·        The Parramatta DCP 2011 requires a minimum rear setback of 9 metres. In this regard, the rear setback complies with the 9 metre requirement, with the exception of a small area, with the setback maintained to a minimum 3.5 metres.

A statement has been provided within the submitted Statement of Environmental Effects, in response to the above variation, which is noted as follows:

The subject site is unique with Duck Creek being the rear boundary. The site configuration, the flooding considerations, and easement affecting the site have generated the built form. The intent of provision a reasonable setback is met with the provision of substation deep soil planting opportunities. The proposal represents a vast improvement in terms of landscape opportunity, relative to the existing site circumstance. [Furthermore], the proposed setbacks do not give rise to adverse impacts to adjoining properties.

The Applicant’s written justification submitted to the variation of rear setback is considered well founded, and supportable on its merits. Council also notes that the variation is a result of the irregular site boundary, with the non-compliance limited to the area of the site where the boundary diverges from the general alignment of the middle of the concrete channel, and instead tapers into the site. Furthermore, the proposed development has been designed to comply with the Apartment Design Guide design criteria related to building separation, and as such, the proposal achieves reasonable levels of visual and acoustic privacy within the development and to adjoining properties.

The provisions of any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4 (EP & A Act s4.15(1)(a)(iiia))

There is no planning agreement or draft planning agreement associated with the subject Development Application.

The provisions of the Regulations (EP & A Act s4.15 (1)(a)(iv))

The proposed development raises no concerns as to the relevant matters arising from the Environmental Planning and Assessment Regulations 2000 (EP & A Regs).


 

The Likely Environmental, Social or Economic Impacts (EP & A Act s4.15 (1)(b))

It is considered that the proposed development will have no significant adverse environmental, social or economic impacts in the locality.

The suitability of the site for the development (EP & A Act s4.15 (1)(c))

It is considered that the development is suitable in the context of the site and surrounding locality.

Submissions made in accordance with the Act or Regulation (EP & A Act s4.15 (1)(d))

Advertised (newspaper)          Mail                   Sign                Not Required

In accordance with Council’s notification requirements contained within the PDCP 2011, the proposal was publicly notified for a period of 21 days from 16 January 2018 to 6 February 2018. In response, no submissions were received.

The public interest (EP & A Act s4.15(1)(e))

The public interest is served by permitting the orderly and economic use of land, in a manner that is sensitive to the surrounding environment and has regard to the reasonable amenity expectations of surrounding land users. In view of the foregoing analysis, it is considered that approval of the proposed development would not be contrary to the public interest.

Section 7.11 (Formerly S94 Contributions)

The subject development requires the payment of contributions in accordance with Parramatta Development Contributions Plan (Amendment No. 5). In accordance with the currently indexed rates, the following, the current rate of the required contribution is $100,223.06. The draft Notice of Determination at Attachment 3 includes a recommendation to reflect the above contributions.

Disclosure of Political Donations And Gifts

The NSW Government has introduced disclosure requirements for individuals or entities with a relevant financial interest as part of the lodgement of various types of development proposals and requests to initiate environmental planning instruments or development control plans.

The application and notification process did not result in any disclosure of Political Donations or Gifts.

Conclusion:

The proposed development has been assessed against the matters for consideration listed in Section 4.15 of the EP & A Act, 1979, and is considered to be satisfactory. Any likely impacts of the development have been satisfactorily addressed and the proposal is considered to be in the public interest.

The proposed development is consistent with the objectives of Parramatta LEP 2011, and is permissible in the zone with Development Consent. A Clause 4.6 Variation Statement has been submitted, justifying the contravention to the height of buildings development standard, which is considered supportable on its merits. The proposal also complies with the Parramatta DCP 2011, with the exception of the rear setback provision, which is considered supportable on its merits.

Consultation:

There are no further consultation processes for Council associated with this report.

Financial Implications:

There are no further financial implications for Council associated with this report.

Policy Implications:

There are no policy implications for Council associated with this report.

Communication / Publications:

The final outcome of this matter will be notified in the newspaper. The objectors will also be notified in writing of the outcome.

 

Report Recommendation:

That Development Application 529/2017 seeking demolition of existing structures and construction of a 3 storey building and 4 storey building comprising 23 residential units and 2 commercial tenancies over 4 levels of basement parking at 2 Blaxcell Street, Granville, be Approved, subject to the conditions contained within the draft Notice of Determination provided as Attachment 3 to this report.

 

Attachments

1.      Architectural Plans

2.      Clause 4.6 Variation Statement

3.      Draft Notice of Determination

4.      SEPP 65 Apartment Design Guide Compliance Assessment

5.      Parramatta Local Environmental Plan 2011 Compliance Assessment

6.      Parramatta Development Control Plan 2011 Compliance Assessment  

 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP047/19

Attachment 1

Architectural Plans


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP047/19

Attachment 2

Clause 4.6 Variation Statement


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP047/19

Attachment 3

Draft Notice of Determination


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP047/19

Attachment 4

SEPP 65 Apartment Design Guide Compliance Assessment


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP047/19

Attachment 5

Parramatta Local Environmental Plan 2011 Compliance Assessment


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP047/19

Attachment 6

Parramatta Development Control Plan 2011 Compliance Assessment


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


Extraordinary Cumberland Local Planning Panel Meeting

26 June 2019

 

Item No: LPP048/19

Section 4.55(2) Modification for 1/72-78 Percival Road, Smithfield

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA 2010/206/5  

 

 

Application lodged

5 April 2019

Applicant

Ms H H Cui C/O Weir Phillips Heritage & Planning

Owner

Ms H H Cui

Application No.

2010/206/5

Description of Land

Lot 1 in SP37361; 1/72-78 Percival Road, Smithfield

Proposed Development

Section 4.55(2) modification for the internal alterations and additions to an existing brothel, including the extension of the mezzanine level to relocate kitchen and introduce a staff lounge, introduce three (3) additional service rooms to a total of nine (9) and increase the number of staff to a total of ten (10).

Site Area

15,348.2m2

Zoning

IN1 – General Industrial

Principal Development Standards

Minimum Lot Size: 1200sqm – No change sought 

Disclosure of political donations and gifts

Nil disclosure

Heritage

The subject site does not contain a heritage item, is not located within the vicinity of a heritage item or within a heritage conservation area.

Issues

·  Car Parking

·  Essential Services Maintenance

·  Evacuation Procedures

Summary:

1.      DA2010/206/1 was lodged on 6 May 2010 for internal alterations of an existing industrial unit and fitout of premises and use as a brothel. This application was approved via Council on 21 January 2011.

2.      DA2010/206/2 was lodged on 31 December 2010 seeking minor internal alterations including additional room to an approved brothel. This application was rejected by DART on 6 January 2011 for lack of Owners Consent, from the Strata Management of SP37361.

3.      DA2010/206/3 was lodged on 12 January 2011 for approving minor internal alterations to brothel. This application was approved 21 January 2011.

4.      DA2010/206/4 was lodged on 15 February 2012 for approving deletion of Condition 9 and amendment to condition 50 to remove the trial period of the operation of the brothel approved. This application was approved 12 July 2012.

5.      The subject modification application is for internal alterations and additions to an existing brothel, including the extension of the mezzanine level to relocate kitchen and introduce a staff lounge, introduce additional service rooms to a total of nine and increase the number of staff to a total of ten.

6.      The application was notified to surrounding properties from 8 to 22 May 2019, a site notice was placed on the site and was advertised in the local paper. No submissions were received as a result of the notification.

7.      The application is being reported to the Cumberland Local Planning Panel (CLPP) for determination as it is a sensitive development type being for the purpose of sex services premises. 

8.      The subject application has been assessed against the relevant provisions of the Environmental Planning and Assessment Act 1979, Holroyd Local Environmental Plan 2013 and the Holroyd Development Control Plan 2013.

9.      No variations are sought by the subject application.

10.    The application is recommended for approval subject to the conditions in the draft determination at Attachment 3.

Report:

Subject Site And Surrounding Area

The subject site is known as Unit 1 72-80 Percival Road, Smithfield and is legally described as Lot 1 in SP 37361. The subject site is located on the western side of Percival Road. The site is irregular in shape with a frontage of 65.3m to Percival Road an eastern boundary of 67.72m, a northern boundary of 233.34m and a southern side boundary dimension of 236.45m and a total site area of 15,348.2m2. The site is occupied by the existing approved single and two storey industrial style buildings. The subject unit is located in the north-western corner of the subject site and within a two storey industrial style building. The surrounding vicinity is occupied by industrial estates of one – two storey construction, accommodating various sized estates and various industrial uses.

Aerial view of the locality with subject site shown hatched. Source: Cumberland Council 2019

Zoning map. Source: Cumberland Council 2019

Site Layout with subject site shown outlined in red. Source: DS Group Constructions as edited by Cumberland Council 2019

Site frontage to Percival Road. Source: Cumberland Council 2019

Subject Site within Industrial Unit Development. Source: Cumberland Council 2019

Subject Industrial Unit Frontage. Source: Cumberland Council 2019

Subject Industrial Unit Parking Arrangement. Source: Cumberland Council 2019

Description of Proposed Development

The existing approval for the subject brothel (DA2010/206 and subsequent modifications) permits the operation 24 hours, 7 days a week. It provides six service rooms across two stories with 7 staff (6 sex workers and 1 receptionist/manager and includes 5 car parking spaces, three external and two internal spaces

The proposed modification seeks to reconfigure the ground level and increase the floor space of the first floor/mezzanine level of the brothel so as to increase the number of service rooms from 6 to 9 and provide reconfigured staff facilities (inclusive of a kitchen). The proposal seeks to increase staff numbers from 7 to 10 (9 sex workers and 1 receptionist/manager) in accordance with increasing the service rooms. The proposal retains the existing approved car parking provision.

 

Specifically the works proposed are:

·        Demolition of unauthorised works including:

o Walls of small room to south of entry lobby;

o Partition on south side of kitchen.

·        Rectification of unauthorised work:

o Wall between laundry and garage;

o Kitchen bench

o Door to service room 6

·        Construction Ground Floor:

o New second stair to upper level;

o Convert staff rest room to service room (no 8) and add WC, basin and shower;

o Convert Waiting Room 4 to service room (no 7) and add WC, basin and shower;

o Convert the Personnel Kitchen to service room (no 9) and add WC, basin and shower;

o Enlarge laundry.

·        Construction First Floor:

o Infill existing void above garage to create a staff lounge;

o Provide a new bathroom adjacent the staff lounge

o Provide a new staff kitchen to the western end of the staff lounge;

o Relocate the bathroom facilities in Service Room 4 to the northern wall to allow a corridor adjacent the A/C room to provide access to the new staff lounge.

o New second stair to ground floor.

Site History

Date

Action

21 January 2011

DA 2010/206/1 for Internal alterations of an existing industrial unit and fitout of premises and use as a brothel approved. Notice of Determination can be viewed at Attachment 7.

06 January 2011

DA 2010/206/2 for S96(2) application seeking minor internal alterations including additional room to an approved brothel rejected by DART for lack of Owners Consent. Notice of Rejection can be viewed at Attachment 8.

21 January 2011

DA 2010/206/3 for S96 (1A) application approving minor internal alterations to brothel approved. Notice of Determination can be viewed at Attachment 9.

15 February 2012

DA 2010/206/4 for S96(1A) modification approving deletion of Condition 9 and amendment to condition 50 to remove the trial period of the operation of the brothel approved. Notice of Determination can be viewed at Attachment 10.

Application History

Date

Action

5 April 2019

DA 2010/206/5 lodged with Council

29 April 2019

The application was referred externally to:

-     New South Wales Police

The application was referred internally to:

-     Environmental Health Unit

-     Building Services Unit

8 to 22 May 2019

Application placed on public notification for 14 days

26 June 2019

Application referred to CLPP for determination

Applicant’s Supporting Statement

A Statement of Environmental Effects prepared by Weir Phillips Heritage and Planning, dated 29 March 2019 was submitted with the subject modification application and can be viewed at Attachment 4.

Further to this an amended Plan of Management has been submitted to support the subject modification application and can be viewed at Attachment 5.

Contact With Relevant Parties

The assessing officer has undertaken an inspection of the subject site and has been in contact with the applicant throughout the assessment process.

Internal Referrals

Environmental Health

Satisfactory subject to conditions applied under previous consent and additional standard and non-standard conditions of consent.

Building Services Unit

Satisfactory subject to conditions applied under previous consent and additional conditions relating to fire safety.


 

External Referrals

New South Wales Police

The application was referred to NSW Police for comment who advised that the operation is deemed low crime risk. Accordingly, the NSW Police provided no further comment or conditions.

Planning Assessment

Section 4.55(2) of the Environmental Planning and Assessment Act 1979 (EP & A Act)

Pursuant to Section 4.55(2), a consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

Requirement

Comment

(a)  It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

The development as proposed to be modified is substantially the same as the development for which consent was originally granted. The proposal provides for internal fit out changes and increase in staff numbers to the approved brothel.

(b)  it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 4.8) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

The modified proposal was referred to NSW Police for comment. No objections were raised by the referral bodies beyond conditions recommended to be imposed.

(c)   it has notified the application in accordance with:

(i)  the regulations, if the regulations so require, or

(ii)  a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

 

The application was notified for 14 days from 8 to 22 May 2019, in accordance with HDCP 2013.

(d)  it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

 

Subsections (1) and (1A) do not apply to such a modification.

No submissions were received in response to the notification period.

(3)  In determining an application for modification   of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application.

 

 

 

 

 

 

The provisions of the applicable EPIs are discussed elsewhere in this report.

 

The provisions of the applicable DCP are discussed elsewhere in this report.

 

There are no planning agreements or draft planning agreements related to this application.

 

There are no relevant matters referred to in the regulations.

 

The likely impacts of the development as proposed to be modified are considered satisfactory.

 

The site is considered to be suitable for the development as proposed to be modified.

 

No submissions were received as a result of the notification.

 

Approval of the subject application is not contrary to the public interest.

(4) The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.

(a) Noted

Section 4.15 of the Environmental Planning and Assessment Act 1979 (EP & A Act)

Environmental Planning Instruments

The following Environmental Planning Instruments are relevant to the assessment of the subject application:

(a)     State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55)

The requirement at clause 7 of SEPP 55 for Council to be satisfied that the site is suitable or can be made suitable to accommodate the proposed development was considered under the original application. The proposed modifications do not include any building or ground works which will raise any new concerns about potential contamination.

(b)     Holroyd Local Environmental Plan 2013 (HLEP 2013)

The proposal is defined as ‘sex services premises’ under the provisions of HLEP 2013. ‘Sex Services Premises’ are not permissible within the IN1 – General Industrial zone which applies to the land. However, under Clause 12 of Schedule 1 Additional Permitted Uses the use of certain land at Smithfield including the subject site, permits development for the purposes of sex services premises with development consent.

The proposed modifications do not result in any change to the maximum lot size, which is the only development standard applicable to the subject site.

The site is identified as being of moderate salinity but as the proposed modifications do not include any building or ground works which will raise any new concerns about potential salinity levels on site.

Attachment 1 contains a full assessment against the HELP 2013.

Development Control Plans

(a)     Holroyd Development Control Plan 2013

HDCP 2013 contains general controls which relate to all developments under Part A, and Part D contains Planning Controls for Brothels. Below is a discussion of the relevant provisions of the HDCP2013, Attachment 2 contains a full assessment against the planning controls for Sex Services Premises.

8.5. Health and Building

Yes

No

N/A

C6. Ensure all essential services are serviced by a suitably qualified person and a Certificate of Compliance must be forwarded to Council annually.

Condition of consent to be applied requiring such.

 

 

 

C7. Establish and signpost evacuation procedures with instructions, and carry out emergency drills on a regular (minimum 3 monthly) basis. Ensure adequate general maintenance of all work buildings and structures. This should cover, for example, electrical safety and maintenance of floors to avoid trip hazards.

Condition of consent to be applied requiring such.

 

 

 

As outlined above, the subject proposal does not include adequate documentation for servicing of essential services or details of evacuation procedures. Accordingly, if an approval is to be granted imposition of conditions of consent to ensure compliance with these provision is sought.

Car Parking

The subject application proposes to maintain the existing on site car parking provisions of two internal tandem car spaces and three external car parking spaces. This achieves compliance with the minimum required car parking number of 5 spaces inclusive of one disabled space as indicated on the approved plans and proposed plans.

External Car Parking Arrangement Source: DS Group Constructions

Internal Car Parking Arrangement Source: DS Group Constructions

During the assessing officer’s site visit to the site it was noted that Unit 7 within the Industrial Estate Development is being utilised as an overflow of additional car parking spaces. The subject application makes no mention of such an arrangement and accordingly this use of Unit 7 has not been assessed.

Despite this, if the applicant were to seek approval for such a parking arrangement on the site, a new development application would need to be lodged to support such an arrangement. An application would require the submission of architectural plans and owners consent in addition to engineering plans demonstrating the provision of adequate sized car parking spaces and ability to ensure manoeuvrability in and out of the industrial unit.

Additional Car Parking Area for subject tenancy within Unit 7 (not included in subject application). Source: Cumberland Council 2019

Site Layout with subject site (Unit 1) shown in red outline and Unit 7’s approximate location outline in green. Source: DS Group Constructions as edited by Cumberland Council 2019

Any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4

There is no planning agreement or draft planning agreement associated with the subject Development Application.

The provisions of the Regulations

The regulations do not proscribe any relevant matters for consideration.

Any coastal zone management plan (within the meaning of the Coastal Protection Act 1979)

There is no Coastal Zone Management Plan applicable to the subject site.The likely impacts of the development

The likely environmental, social and economic impacts of the development have been assessed and are considered satisfactory.

The suitability of the site for the development

The site is considered suitable for the proposed development.

Submissions made in accordance with the Act or Regulation

Advertised (newspaper)               Mail             Sign                Not Required

In accordance with Part E - Public Participation of HDCP 2013, the proposal was publicly notified for a period of 14 days between 8 and 22 May 2019. As a result of the notification, Council received no public submissions.

Section 7.11 of The Environmental Planning & Assessment Act 1979

The subject development does not attract development contributions in accordance with Holroyd Section 94 Development Contributions Plan 2013.

Accordingly no condition was imposed on the original consent requiring payment of contributions, nor is there any condition required to be imposed under the subject application.

The Public Interest

The public interest is served by permitting the orderly and economic use of land, in a manner that is sensitive to the surrounding environment and has regard to the reasonable amenity expectations of surrounding land users. In view of the foregoing analysis, it is considered that approval of the proposed development would not be contrary to the public interest.

Disclosure of Political Donations And Gifts

The NSW Government has introduced disclosure requirements for individuals or entities with a relevant financial interest as part of the lodgement of various types of development proposals and requests to initiate environmental planning instruments or development control plans.

The application and notification process did not result in any disclosure of Political Donations or Gifts.

Conclusion:

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, Holroyd Local Environmental Plan 2013 and the Holroyd Development Control Plan 2013 and is considered to be satisfactory.

Consultation:

There are no further consultation processes for Council associated with this report.

Financial Implications:

There are no further financial implications for Council associated with this report.

Policy Implications:

There are no policy implications for Council associated with this report.

Communication / Publications:

The final outcome of this matter will be notified in the newspaper. The objectors will also be notified in writing of the outcome.

 

Report Recommendation:

That Development Application 2010/206/5 for modification for the internal alterations and additions to an existing brothel, including the extension of the mezzanine level to relocate kitchen and introduce a staff lounge, introduce additional service rooms and increase the number of staff be approved subject to the conditions within the draft notice of determination provided at Attachment 3.

 

Attachments

1.      HLEP 2013 Compliance Table

2.      HDCP 2013 Compliance Table

3.      Draft Notice of Determination

4.      Architectural Plans

5.      Statement of Environmental Effects

6.      Plan of Management

7.      DA 2010/206 - Notice of Determination of Application

8.      DA 2010/206/2 - Notice of Rejection of Application

9.      DA 2010/206/3 - Notice of Determination of Application

10.    DA 2010/206/4 - Notice of Determination of Application  

 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP048/19

Attachment 1

HLEP 2013 Compliance Table


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP048/19

Attachment 2

HDCP 2013 Compliance Table


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP048/19

Attachment 3

Draft Notice of Determination


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019

         

 

Our Reference:                                     2010/206/5

Contact:                                              Ms C L Burke

Phone:                                               02 8757 9970

26 June 2019

 

 

Ms H H Cui

103 Hudson Street

HURSTVILLE  NSW  2220

 

 

Dear Sir/Madam

 

PREMISES: 1/72-78 PERCIVAL ROAD SMITHFIELD

SECTION 96(2) MODIFICATION TO DEVELOPMENT CONSENT NO.  2010/206/1

S96(2) MODIFICATION NO. 2010/206/5

 

I refer to your application lodged on 5 April 2019 seeking amendment to Development Consent 2010/206/1 issued for internal alterations of an existing industrial unit and fitout of premises and use as a brothel.  The modification seeks internal alterations and additions to an existing brothel, including the extension of the mezzanine level to relocate kitchen and introduce a staff lounge, introduce three (3) additional service rooms to a total of nine (9) and increase the number of staff to a total of ten (10).

 

Pursuant to Section 4.55(2) of the Environmental Planning & Assessment Act, 1979, Council grants approval for the modifications sought.

 

Accordingly, Development Consent 2010/206/1 is amended as follows:-

 

Condition 2 is amended to read as follows:

 

2.           Development shall take place in accordance with the attached endorsed plans:

 

·        Architectural plans prepared by 3D Archplan, Drawing No. A10-01, Issue 2, Dated 22 July, 2010, Drawing No. A10-02, Issue 3, Dated 22 July, 2010, Drawing No. A10-03, Issue 2, Dated 22 July, 2010, and Drawing No. A10-04, Issue 1, Dated 28 April, 2010;

·        Waste Management Plan dated 1 May, 2010; and

·        Brothel Plan of Management dated May 2010 prepared by FK Planning Group;

 

a)      As amended in red by Council. All amendments are to be incorporated in the Construction Certificate plans.

 


As amended by the following plans and documents approved by application 2010/206/3, dated 21 January 2011:

 

·        Architectural plans prepared by 3D Archplan, Drawing Numbers: A10-01, A10-02, A10-03 and A10-03, Issue 4 dated 24 December 2010

·        Waste Management Plan dated 1 May, 2010; and

·        Brothel Plan of Management dated May 2010 prepared by FK Planning Group.

 

As amended by the following plans and documents approved by application 2010/206/5, dated 26 June 2019:

 

·        Architectural plans prepared by DS Group Constructions, Project No. 02-19, Drawing Numbers: 1 – 5, Issue C dated 11/02/2019;

·        Waste Management Plan received by Council on 5 April 2019; and

·        Plan of Management for Sex Services Premises at Unit 1, 72 Percival Road, Smithfield

 

Condition 15a – 15c are to be inserted to read as follows:

Fire Safety Upgrading of Existing Buildings - Fire Safety Report Required

15a.     The levels of fire safety for the premises are to be reviewed and upgraded where required. A report prepared by an appropriately qualified person (A1 Accredited Certifier - Unrestricted) in accordance with the requirements of Australian Standard 4655-2005  is to be submitted to the Principal Certifying Authority (PCA), prior to the issue of a Construction Certificate. The measures that are identified as required in this report for fire safety upgrading works are to be included in the Construction Certificate.

 

Please be advised that the fire safety report must detail the measures considered appropriate:

 

·    to satisfy the relevant performance requirements of the Building Code of Australia;

·    to protect persons using the building;

·    to facilitate their egress from the building in the event of fire;  

·    to prevent the fire;

·    to Suppress fire;

·    to restrict the spread of fire; and

·    to ensure or promote the safety of persons in the event of fire.

 

Air Conditioning

15b.     Details and specifications for the mechanical ventilation system complying with the Australian Standard are to be submitted and approved by Council.

 

Building Certificate

15c.     A Building Certificate application is to be lodged with and approved by Council for the unauthorised works carried out on site.

 

 

Condition 36a is to be inserted to read as follows:

Asbestos Cement Sheeting

36a.     i) All asbestos cement sheeting must be removed by contractors with an appropriate licence issued by WorkCover and who are familiar with asbestos removal prior to the commencement of:-

 

(a)     Recladding or brick veneering of any building where the existing walls to be covered are currently clad with asbestos cement;

OR

(b)     Construction work where new work abuts existing asbestos cement sheeting and/or where parts of the existing building clad with asbestos cement sheeting are to be altered or demolished.

Removal must be carried out strictly in accordance with WorkCover’s “Your Guide to Working with Asbestos” (copy attached).

 

ii) All asbestos laden waste, including asbestos cement flat and corrugated sheets must be disposed of at a tipping facility licensed by the Environment Protection Authority (EPA).

 

Note:  The person responsible for disposing of the above asbestos waste is to telephone the EPA  on (02) 9995 5000 or Council’s Waste Officer on (02) 9840 9715 to determine the location of a tip licensed to received asbestos. Upon completion of tipping operations the applicant shall lodge with the Council, all receipts issued by the receiving tip as evidence of proper disposal.

iii) Within fourteen (14) days of completion of renovation or recladding or brick veneering works where asbestos cement sheeting was removed, the applicant shall submit to Council an asbestos clearance certificate prepared by a NATA accredited occupational hygienist.

 

Note:  To find a list of NATA accredited facilities visit the NATA website at www.nata.asn.au and under ‘Find a Facility or Lab’ type in ‘asbestos identification’ in ‘keywords’ then click on ‘chemical testing’ in NSW then click on the search button.   A list of laboratories will be produced which you can contact for the purpose of having a clearance certificate issued.

 

Condition 49a is to be inserted to read as follows:

Fire Safety Upgrading of Existing Buildings - Fire Safety Report Required

49a.     The measures that are identified as required in the report for fire safety upgrading works as per Condition 15a are to be implemented prior to the issue of an Occupation Certificate.

 

 

Condition 51 is to be amended to read as follows:

51.       The brothel shall be operated at all times in accordance with the endorsed plan of management (POM) dated March 2019.  Should any changes occur to the Plan of Management, a copy is to be submitted to Cumberland Council’s Environmental Health Department. In this regards, the following matters shall be addressed:

 

·    A 24 hour contact number is to be provided to Council

 

·    An Incident Log (or computerised record) shall be maintained in which are recorded details of any details of any incident or complaint regarding the use (including time, date, nature of incident/complaint, name and contact number of complainant). The Incident Log shall record action taken in response to reports and the outcome achieved.

 

·    The Incident Log shall be submitted to Council on a 6 monthly basis for Council’s records.

 

·    The operator of the brothel shall prepare, on an annual basis (on the anniversary of the date of the Occupation Certificate) a report that reviews the POM and identifies the need to modify/update the POM. The updated POM shall not remove any existing requirement of the POM unless it is necessary to provide an adequate response to an identified issue and the reasons are documented in the report. Copy of the report and undated POM shall be submitted to Council for its records.

 

Condition 64a is to be inserted to read as follows:

64a.     Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environment Operation Act 1997.  Records shall be kept of all liquid and solid waste disposal from the site, and be made available to Council Officers on request.

 

Condition 65a is to be inserted to read as follows:

65a.     Used condoms shall be double bagged in plastic and placed in an approved waste receptacle within a storage area on the premises whilst awaiting disposal.

 

Condition 73 be amended to read as follows:

 

73.       Each room. Cubicles, booths or the like shall contain its own sanitary facilities (including toilet, shower/bath and a wash hand basin) for the use of both sex workers and clients. Each room used for the provision of sexual services must be provided with separate sanitary facilities, directly accessible from that room, for the use of both sex workers and their clients. Such facilities shall comprise a toilet, shower and hand wash basin supplied with hot and cold water under mains pressure, mixed through a common outlet. Each hand wash basin shall be supplied with liquid soap and disposable hand towels.

 

 

 

Condition 73a is to be inserted to read as follows:

73a.     Sanitary facilities must be provided in accordance with the Building Code of Australia 2006.

 

Condition 81a-81e are to be inserted to read as follows:

Safety and Amenity

81a.     A hospital grade disinfectant and liquid styptic shall be used for cleaning floors and wet surfaces. All equipment and furnishings shall be cleaned and disinfected in accordance with the NSW Health Department Guidelines.

 

81b.     Towels and linen shall be stored in receptacles made of impervious material.

 

81c.     The activity and any building, or work associated with, or carried out in connection with the activity, must comply with the Health & Safety Guidelines for Brothels in NSW published by the WorkCover Authority of NSW and NSW Health Department.

 

81d.     Lighting and ventilation must be provided in accordance with the Building Code of Australia.

 

81e.     Access to the premises is to be granted to Council Environmental Health officers whilst the premises is in operation for the purposes of a health compliance inspection.

 

Condition 89a and 89b are to be inserted to read as follows:

Emergency Procedures

89a.     All essential services on site are to be serviced by a suitably qualified person and a Certificate of Compliance must be forwarded to Council annually.

 

89b.     Evacuation procedures must be established and adequately signposted. Regular emergency drills are to be carried out regularly (minimum 3 monthly basis).

 

 

All other conditions of Development Consent 2010/206/1, Modifications 2010/206/3 and 2010/206/4 remain unchanged.

 

 

Section 8.9 of the Environmental Planning & Assessment Act 1979 confers upon an applicant, dissatisfied with Council’s determination of an application made pursuant to Section 4.55(2) a right of appeal to the Land and Environment Court.

 

 

Section 8.2 of the Act provides that an applicant may request, within 28 days of the date of determination of the Section 4.55(2) Application, that the Council review its determination (this does not apply to designated development). A fee is required for this review.

 

 

 

 

If you have any further enquiries please contact Ms C L Burke of Council’s Environment and Planning Department on 02 8757 9970, Monday to Friday.

 

Yours faithfully,

 

 

 

Karl Okorn

EXECUTIVE MANAGER DEVELOPMENT AND BUILDING

 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP048/19

Attachment 4

Architectural Plans


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP048/19

Attachment 5

Statement of Environmental Effects


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP048/19

Attachment 6

Plan of Management


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP048/19

Attachment 7

DA 2010/206 - Notice of Determination of Application


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP048/19

Attachment 8

DA 2010/206/2 - Notice of Rejection of Application


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP048/19

Attachment 9

DA 2010/206/3 - Notice of Determination of Application


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP048/19

Attachment 10

DA 2010/206/4 - Notice of Determination of Application


Extraordinary Cumberland Local Planning Panel Meeting

 26 June 2019