Agenda of Extraordinary Cumberland Local Planning Panel Meeting

Extraordinary Cumberland Local Planning Panel Meeting

5 November 2019

Item No: LPP067/19

Develpoment Application 277-289 Woodpark Road , Smithfield

Responsible Division: Environment & Planning

Officer: Executive Manager Development and Building

File Number: 2018/321/1

Application lodged	6 September 2018
Applicant	David Carey Town Planning & Development
Owner	ALS Limited
Application No.	DA 2018/321/1
Description of Land	Lot 1 in DP1024505, 277-289 Woodpark Road Smithfield
Proposed Development	Extension of hours of operation of existing manufacturing & warehouse use to carry out manufacturing 24 hours a day Monday to Friday and 7.00 am to 3.00 pm Saturday, and truck & external forklift movements 7.00 am to 7.00 pm Monday to Friday and construction of an acoustic wall.
Site Area	3.934 ha
Zoning	IN1 – General Industrial
Disclosure of political donations and gifts	Nil disclosure
Heritage	No
Principal Development Standards	N/A
Issues	- Number of public submissions received (26) - Variation to standard hours of operation stated within Holroyd Development Control Plan 2013

Summary:

1. Development Application No. DA-2018/321/1 was received by Council on 6 September 2018 for the extension of hours of operation of existing manufacturing & warehouse use to carry out manufacturing 24 hours a day Monday to Friday and 7.00 am to 3.00 pm Saturday, and truck & external forklift movements 7.00 am to 7.00 pm Monday to Friday at Lot 1 of DP1024505 (Known as 277-289 Woodpark Road Smithfield).

2. The application was publicly notified to occupants and owners of the adjoining properties for a period of 14 days between 24 October 2018 and 7 November 2018. In response, 14 submissions were received.

3. Following clarification from the Environmental Protection Authority (EPA) that the development application is Integrated Development under division 4.8 of the EPAA Act 1979, the application was publicly notified to occupants and owners of the adjoining properties for a second period of 28 days between 20 March 2019 and 17 April 2019. In response, 9 submissions were received.

4. Following submission of amended plans including an acoustic wall to address the noise issues; the development application was renotified for a third period from 11 September 2019 to 25 September 2019. In response, 3 submissions were received by Council. A total of 26 public submissions were received as a result of the three notification periods.

5. The application seeks following variations:

Control

Required

Provided

Variation

Holroyd Development Control Plan 2013 – Part D, Section 4, Control C3

The Council, under normal circumstances, restricts the hours of industrial operations to the hours of 7.00am to 7.00pm, Monday to Friday; 7.00am to 12 noon, Saturday and no work on Sunday

Internal manufacturing and internal fork-lift movements

Monday to Friday: 24 hours

Saturday: 7:00am to 3:00pm

Sunday and Public Holidays: No work

Transport (truck and external fork-lift movements)

Monday to Friday: 7:00am to 7:00pm

Saturday, Sunday and Public Holidays: No work

Maximum variation of 12 hours (50%) from Holroyd Development Control Plan 2013 standard hours of industrial operation.

6. The application is recommended for approval subject to the conditions as provided at attachment 3.

7. The application is referred to the Panel for determination due the number of public submissions received.

Report:

Subject Site And Surrounding Area

The site forms Lot 1 of DP1024505 and is known as 277-289 Woodpark Road Smithfield. The site has an area of 3.934 ha and frontage to Woodpark Road of approximately 201.17m. The site is located on the northern boundary of the Smithfield Industrial precinct with industrial premises located to the south, east and west and R2 – low density residential zoned land to the north. The current use of the premises was approved by Council on 12 August 1999 under DA 2000/43 [the application number was changed due to a change in Council system]. A further development application DA 2000/263 amended the hours of operation on 4 February 2000 [the application number was changed due to a change in Council system].

The subject premises and adjoining residential zoned sites are subject to a ‘buffer area between industrial and residential zones’ under section 6.9 of Holroyd Local Environmental Plan 2013 along the northern boundary of the subject site located between the residential zoned land and industrial zoned land. It is noted that the proposed acoustic wall as part of the current development application is located within the ‘‘buffer area between industrial and residential zones”. The buffer area is highlighted green on Figure 1 below.

Figure 1 – Map of Industrial-Residential buffer area of 277-289 Woodpark Road Smithfield highlighted green

A site inspection of the premises carried out in November 2018 and August 2019 confirmed that the site is currently occupied by two large warehouses with the larger warehouse to the east of the site currently being used for warehousing and the smaller warehouse to the west being used for production. The current use of the site was approved by DA 2000/43 and DA 2000/263.

The applicant states that approximately 250 staff are employed at the subject site which is broken down to approximately 110 staff during day hours, 80 during afternoon and 60 staff overnight. It is noted that the front portion of the larger eastern warehouse building is used by Australian Laboratory Services (ALS) (Approved under DA 2000/309) and does not form part of the subject application.

The applicant’s Statement of Environmental Effects states, “The building located on the western portion of the site, comprises offices along with the powder and liquid manufacturing areas. Powder and liquid products are formulated within these areas and the finished products are stored and ready for distribution in the adjacent warehouse building to the east”.

Figure 2 – Locality map of 277-289 Woodpark Road Smithfield

Figure 3 – Aerial view of subject site

Figure 4 – Street view of subject site November 2018

Description of The Proposed Development

The subject application seeks approval for extension of hours of operation of existing manufacturing & warehouse use to carry out manufacturing 24 hours a day Monday to Friday and 7.00 am to 3.00 pm Saturday, and truck & external forklift movements 7.00 am to 7.00 pm Monday to Friday; and construction of an acoustic wall.

History of Site

The history of the site is as follows:

1. Development application DA: 2000/43 was approved by former Holroyd City Council on 12 August 1999 for ‘Minor alterations and use of existing industrial premises for the warehousing of household laundry, cleansing and personal care products’. This development application included a condition (condition No.31) which states that the hours of operation are restricted to 6:00am to 6:30pm Monday to Friday, 7:00am to 4:00pm Saturday and no work Sunday. In this regard, all truck movements are to occur within the approved hours’.

2. The premise is subject to an Environmental protection license (license no. 2746) issued by the NSW Environmental Protection Authority (EPA).

3. Development Application DA 2000/263 was approved by former Holroyd City Council on 4 February 2000 for ‘Rationalisation & consolidation of associated activates relating to the manufacture and warehousing of household detergents and cleaning products on adjoining sites. In addition, alterations and additions on the respective sites to facilitate the rationalisation, including an extension in manufacturing activates to include liquid products’.

4. Condition No. 86 of that development consent restricted the hours of operation as under:

Manufacturing Hours

Monday to Friday: 24 hours

Saturday: 7:00am to 3:00pm

Sunday and Public Holidays: No Work

Transport (Truck and external fork-lift movements)

Monday to Friday: 7:00am to 7:00pm

Saturday: No Work

Sunday and Public Holidays: No Work

The above condition further stated that following the end of trial period the applicant may lodge a fresh application seeking approval to continue the extended hours. If not, or if the fresh application is refused, the use will be revert back to Council’s standard hours of operation being 7:00am to 6:00pm Monday to Friday, 7:00am to 12:0Noon Saturday and no work on Sundays and Public Holidays.

The applicant failed to lodge a fresh application to continue the extended hours of operation and continued to operate under the extended trial period hours. Council’s compliance section has recently taken regulatory action against the operator of the premises.

5. Development Application No. DA-2018/321/1 was received by Council on 6 September 2018 for the extension of hours of operation of existing manufacturing & warehouse use to carry out manufacturing 24 hours a day Monday to Friday and 7.00 am to 3.00 pm Saturday, and truck & external forklift movements 7.00 am to 7.00 pm Monday to Friday at Lot 1 of DP1024505 (Known as 277-289 Woodpark Road Smithfield).

6. The current application, the subject of this report, seeks similar extended hours as approved under development application No. 2000/263 for the trial period.

History regarding Development Application 2018/321/1

Date

Action

6 September 2018

Development Application No. DA 2018/321/1 received by Council for the extension of hours of operation of existing manufacturing & warehouse use to carry out manufacturing 24 hours a day Monday to Friday and 7.00 am to 3.00 pm Saturday, and truck & external forklift movements 7.00 am to 7.00 pm Monday to Friday at Lot 1 of DP1024505 (known as 277-289 Woodpark Road Smithfield).

24 October 2018 and 7 November 2018

Application publicly notified. In response, Council received 14 submissions

5 March 2019

Council deferred the development application due to issues raised by the EPA

20 March 2019 and 17 April 2019

Due to the development application being Integrated Development under division 4.8 of the EPAA Act 1979, the application was publicly notified to occupants and owners of the adjoining properties for a second period of 28 days. In response, Council received 8 submissions.

18 April 2019, 29 April 2019 and 1 May 2019

Applicant submitted to Council part of the information requested by Council’s deferral letter dated 5 March 2019.

17 May 2019

Applicant submitted remaining information requested by Council’s deferral letter dated 5 March 2019.

24 May 2019

Applicant submitted a Compliance Plan/Plan of Management to Council

18 June 2019

Council received a new deferral letter from the EPA listing three issues

16 August 2019

Applicant submitted information to Council 2019 in response to the EPA’s deferral letter dated 18 June 2019

27 August 2019

Applicant submitted to Council an amended noise report (revision 5)

4 September 2019

Applicant submitted to Council details of the proposed acoustic wall as stated in the submitted noise report (revision 5)

9 September 2019

Council received General Terms of Approval from the EPA

11 September 2019 to 25 September 2019

Council neighbour notified the development application for a third period of 11 September 2019 to 25 September 2019 due to the proposal of an acoustic wall. In response, 3 submissions were received by Council.

5 November 2019

Development application is referred to Cumberland Local Planning Panel

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by RPS Australia East Pty Ltd, Report Number PR140097-1, Version 1, and Dated July 2018, 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

The development application was referred to the following internal Council departments:

Department	Comments
Environmental Health Unit (EHU)	EHU supports the application subject to conditions, including all recommendations of the Acoustic Report, (Acoustic Report prepared by Benbow Environmental, Report No. 191094_NIA_Rev5, Revision 5, Dated 26 August 2019), endorsed as part of development consent being implemented on site.
Tree Management Officer	Referred due to inclusion of an acoustic wall within ‘no development buffer area’ within close proximity to existing mature trees located at the rear of the site (Northern boundary). Council’s Tree Management Officer responded with no objection, subject to conditions imposed within development consent.

External Referrals

NSW Environment Protection Authority (EPA)

The application was referred to the NSW EPA as the operations on site are subject to an Environment Protection Licence under the Protection of the Environment Operations Act and the application and the development application being Integrated Development under division 4.8 of the EPAA Act 1979. The NSW EPA issued Council with General Terms of Approval for the development application on 9 September 2019, subject to conditions and amendments to the existing NSW EPA License 2746.

Planning Comments

Section 4.15 of the Environmental Planning and Assessment Act 1979

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

The following Environmental Planning Instruments apply to the proposed development:

(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 for the proposed development is considered in the following table.

Matter for consideration	Yes	No
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?
The development application is for the extension of hours and construction of an acoustic wall only with no change of use proposed. The current development application has also been referred to the EPA who issued to Council General Terms of Approval on 9 September 2019.

(b) Holroyd Local Environmental Plan 2013

The proposed development is for extension of manufacturing hours and construction of an acoustic wall only. The use of the premises was approved by Council under DA 2000/43 and DA 2000/263.

The use is continued to be defined as ‘general industry’ under the provisions of HLEP 2013. General industry is permitted with consent in the IN1 – General Industrial land zone which applies to the land.

The Holroyd LEP 2013 defines general industry as a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.

Zoning of subject site

The subject site is zoned IN1 – General Industrial under Holroyd Local Environmental Plan (HLEP) 2013. The proposal complies with the relevant development standards and is considered not to be inconsistent with the objectives of the zone.

The objectives of the IN1 – General Industrial zone are as follows:

· To provide a wide range of industrial and warehouse land uses.

· To encourage employment opportunities.

· To minimise any adverse effect of industry on other land uses.

· To support and protect industrial land for industrial uses.

· To enable other land uses that provide facilities or services to meet the day-to-day needs of workers in the area.

The proposed development application continues to provide a permissible industrial land use on the site. The intensification of the industrial activities encourages employment opportunities.

The application proposes efficient and effective measures to deal with site management and impacts on the surrounding land uses. Council’s Environmental Health Unit and the NSW EPA raised no issues to the proposed development application, subject to conditions imposed in development consent. Furthermore, the proposal supports the industrial precinct of Smithfield by generally satisfying the zone objectives of the IN1 General Industrial zone under the HLEP 2013.

Clause 6.9 – Buffer area between industrial and residential zones.

The site is subject to an Industrial-residential buffer area located at the rear (Northern Boundary) of the site as indicated on Figure 1 above.

Holroyd Local Environmental Plan 2013 – Clause 6.9 states the following:

Despite any other provision of this Plan, development must not be carried out on land to which this clause applies other than:

(a) If the land is in Zone R2 Low Density Residential—development permitted on land in that zone in the Land Use Table (excluding residential accommodation), or

(b) If the land is in Zone IN1 General Industrial—development permitted on land in that zone in the Land Use Table, but only if the consent authority is satisfied that the development is consistent with the objectives of this clause.

The land is zoned IN1 – General Industrial under HLEP2013 therefore 3(b) above is applicable to the development application.

The objectives of Clause 6.9 of HLEP 2013 are as follows:

a. To maintain an adequate separation between general industrial land uses and residential land uses,

b. To prevent any likely adverse impacts of outputs of industrial land uses (including noise, vibrations, odours, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil) on adjacent residential dwellings,

c. To ensure that neighbouring residents can enjoy a reasonable level of amenity without preventing the operation of general industrial land uses,

d. To provide visual separation of the primary buildings and structures on industrial land from neighbouring residential dwellings.

The development application does not seek any alterations or additions to the existing two warehouses located on the site nor does it seek consent for any existing structures on site. The Acoustic Report prepared by Benbow Environmental, Report No. 191094_NIA_Rev5, Revision 5, dated 26 August 2019, recommends the construction of an acoustic wall within the industrial-residential buffer as indicated in Figure 5 below:

Figure 5 – Site plan indicating location of proposed acoustic wall

The proposed acoustic wall is located on top of an existing ‘mound’ located within the industrial-residential buffer area applicable to the site as indicate in Figure 6 below:

Figure 6 – Mound location of proposed acoustic wall with residential properties to the left and Jalco Industrial premises to the right of the mound

Figure 7 – Height of mound in relation to residential backyards

The proposed location of the acoustic wall is supported by Council, as the acoustic wall complies with the objectives as listed above of clause 6.9 of Holroyd LEP 2013, particularly objective B which states, ‘to prevent any likely adverse impacts of outputs of industrial land uses (including noise, vibrations, odours, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil) on adjacent residential dwellings’ and objective C which states, ‘To ensure that neighbouring residents can enjoy a reasonable level of amenity without preventing the operation of general industrial land uses’. Therefore Council, as the Consent Authority, is satisfied that the development is consistent with the objectives of this clause.

The proposed acoustic wall benefits both industrial and residential land uses by allowing the industrial use to operate with minimal impact to the adjoining residential developments.

Subject to compliance with the conditions imposed within the development consent, the use will satisfy these LEP definitions.

A HLEP 2013 compliance table is provided at Attachment 1.

(c) Greater Metropolitan Regional Environmental Plan No 2 — Georges River Catchment

The site is located within the area covered by the Greater Metropolitan Regional Environmental Plan No 2 — Georges River Catchment. The development application raises no issues as the proposal is for extension of operation hours and construction of an acoustic wall only.

The provisions of any proposed instrument that is or has been the subject of public consultation (EP&A Act s4.15 (1) (a) (ii))

There are no draft EPIs relevant to the proposed development.

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

Holroyd Development Control Plan (HDCP) 2013

Holroyd Development Control Plan (HDCP) 2013 contains general controls which relate to all developments under Part A and controls relating to industrial premises under Part D. Many of the controls within Part A and Part D are not relevant to the proposal, as there are no changes to the physical structure of the buildings on site.

The following Parts of the HDCP 2013 are applicable to the proposed development:

· Part A – General Controls; and

· Part D - Industrial Controls

HDCP 2013 Part D states that the Council, under normal circumstances, restricts the hours of industrial operations to the hours of 7 am to 7 pm, Monday to Friday; 7 am to 12 noon, Saturday and no work on Sunday.

The development application proposes the following hours of operation which do not comply with the hours of operation specified within HDCP 2013:

Internal manufacturing and internal fork-lift movements

· Monday to Friday: 24 hours

· Saturday: 7:00am to 3:00pm

· Sunday and Public Holidays: No work permitted

Transport (truck and external fork-lift movements)

· Monday to Friday: 7:00am to 7:00pm

· Saturday, Sunday and Public Holidays: No truck/external fork-lift movements on site permitted.

Council has included a condition in development consent stating that the proposed extended hours of operation are subject to a 12 month trial period, which is to commence once all recommendations of the endorsed acoustic report are in place on site, including the construction of an acoustic wall. A modification application may be submitted to Council not more than 3 months prior to the expiration of the 12 month trial period seeking the continuation of the extended hours of operation. Council has imposed various other conditions within development consent to minimise any amenity impact on neighbouring residential sites.

An HDCP 2013 compliance table is provided at Attachment 2.

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 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 Reg).

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

Acoustic Impacts

The submitted Acoustic report (Acoustic Report prepared by Benbow Environmental, Report No. 191094_NIA_Rev5, Revision 5, dated 26 August 2019) recommends the construction of an acoustic wall towards the northern (rear) section of the site within the industrial-residential buffer area listed within Holroyd Local Environmental Plan 2013. The acoustic wall is proposed on top of a natural mound and to be a height of 4m to be built entirely within the site’s boundary

This proposal, inclusive of the acoustic report, was reviewed by Council’s Environmental Health Unit and the NSW EPA who raised no objections, subject to conditions including compliance with the recommendations within the acoustic report.

Whilst it has been assessed that the impacts of the increased hours of operations are minimal to the surrounding built locality, subject to recommended draft conditions, Council has received significant objections regarding noise impacts associated with the development application. Therefore, it is a recommendation of this report that a trial period of 12 months be granted for 24 hours operation. Council and nearby land uses can then ascertain the impacts of the increased operations on the surrounding locality. Prior to the end of the trial period, the applicant can choose to lodge a subsequent application to Council seeking continuation of trial period.

Natural Environment Impacts

The proposed development application proposes an acoustic wall within the natural landscaped area at the rear of the site (industrial-residential buffer area). This area contains significant large mature trees, which are in place to protect adjoining residential allotments from noise and visual impacts from the industrial area. The proposed acoustic wall does not propose to remove any trees on site and the application, including the acoustic wall, was referred to Council’s Tree Management Officer, who raised no objections to the proposal, subject to the inclusion of conditions within development consent, including obtaining an Arborist Report.

Built Environment Impacts

The proposed development is not considered to create a significant impact on the built surrounds, noting the proposed acoustic wall contains a maximum height of 4m on top of an existing mound. A condition imposed within development consent states that trees are to be planted between the acoustic wall and rear property boundary, which will reduce the visual impact of the acoustic wall on adjoining residential allotments.

Social Impacts

The proposed development is not considered to provide any adverse social impacts. The acoustic impacts have been detailed earlier in the report which is a key social issue. A thorough assessment of the social impacts has revealed that the additional social impacts created due to the increased operations are minimal on the surrounding locality.

Economic Impacts

The objectives of the IN1 General Industrial zone under the Holroyd LEP 2013, encourages employment opportunities. In this regard, the proposal will have a positive impact as it continues to support the 250 employees who work at the subject site, which has a direct economic impact upon the local area.

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

The use currently operating on the site is a permissible form of development. The modification application proposes to intensify the site’s operations which can be considered for a trial period. The operation of the site meets the zone objectives of the IN1 General Industrial zone and the site remains suitable for the proposed modifications.

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

Advertised (newspaper)

Mail

Sign

Not Required

The application was notified in accordance with Part E – Public Participation of HDCP 2013 for a period of 14 days from 24 October 2018 to 7 November 2018 and in response Council received 14 submissions. The application was renotified for a period of 28 days from 20 March 2019 to 17 April 2019 and in response, 9 submissions were received. The application was further notified for a third notification period due to the proposal of an acoustic wall for a period of 14 days from 11 September 2019 to 25 September 2019 and in response, 3 submissions were received.

A total of twenty six (26) submissions objecting to the proposal were received as a result of the notification. The issues raised in the submissions are discussed in the table on the following page:

Concern

Response

Minimal information regarding proposal

Council requested additional information and amended plans from the applicant as part of the assessment of the application, and in response to feedback from the NSW Environment Protection Authority. Council is satisfied that there is sufficient information available to determine the subject application. Consents have previously been issued by Council for works and uses on the subject site, and those conditions of those consents continue to apply to the ongoing operations.

The NSW EPA issued Council with a General Terms of Approval which is to be read in conjunction with an existing active EPA License (License: 2746) for the premises.

The development application was also referred to Council’s Environmental Health Unit and Tree Management Officer for comment and both raised no objections to the proposal, subject to conditions imposed within development consent.

Applicant’s SEE and documents don’t indicate where the truck and forklift movements are proposed on site

The development application is seeking consent for extension of hours of operation, including external truck and fork lift movements 7:00am to 7:00pm Monday to Friday and construction of an acoustic wall.

A condition of development consent includes for a plan of management to be submitted to Council, which includes truck management and loading and unloading of all vehicles.

All truck and forklift movements are to be carried out in accordance with the plans and documents endorsed under previous development applications, subject to the conditions detailed in the notice of determination at Attachment 3.

Site management plan

A plan of management was submitted to Council as part of the development assessment process.

Council is seeking further amendments to the plan of management by way of recommended condition to address loading and unloading of all vehicles, truck management, forklift refuelling location, forklift management of noise, accident handling procedure, complaint register, and a complaints phone line to be in operation 24 hours, 7 days.

Internal forklift hours of operation

The development application is seeking internal manufacturing and internal fork-lift movements as per the following:

Monday to Friday: 24 hours

Saturday: 7:00am to 3:00pm

Sunday and Public Holidays: No work permitted

Council has recommended a draft condition within development consent for a 12 month trial period for the proposed hours of operation. The applicant will be required to seek further approval if they wish to continue the extended hours. If no application is lodged or if Council refuses the future application for extended hours; the premises will be required to operate under Council’s standard hours of operation which currently as stated within Holroyd Development Control Plan 2013 (HDCP2013) are as follows:

Monday to Friday: 7:00am to 7:00pm

Saturday: 7:00am to 12:00pm

Sunday and Public Holidays: No work permitted

Current DCP to be used for assessment of hours of operation and assessment of truck and external forklift movements

The development application is seeking an extension to hours of operation for manufacturing and for truck and external forklift movements and construction of an acoustic wall only.

As such, Council has assessed the proposed hours of operation against HDCP 2013 and has recommended a draft condition of development consent that the extension of operating hours is for a 12 month trial period only and that a modification application may be submitted to Council prior to the expiration of the 12 month trial period to seek the continuation of the extended hours of operation.

If no modification application is lodged with Council, the hours of operation will revert back to the standard hours as stated within HDCP 2013 which are as follows:

Monday to Friday: 7.00am to 7.00pm,

Saturday: 7:00am to 12:00pm

Sunday and Public Holidays: No work permitted

The development application is not seeking any approval for a change to truck and forklift movements on site, with the exception of hours of operation, from previously approved development applications DA 2000/43 and DA 2000/263.

In this regard, truck and forklift movements/site layout are to be consistent with previously approved plans including Site Plan of 277-289 Woodpark Road, Smithfield NSW, Dwg No. 352.50-0105, Revision D, Dated 9 December 1999 and Site Plan of 291-303 Woodpark Road, Smithfield NSW, Dwg No. 352.50-0106, Revision D, dated 10 December 1999, both endorsed by Council under Development Consent DA: 2000/263.

Assessment of development application to include the following sections of HDCP2013:

HDCP2013 Section D: 2.6- Parking and vehicular access

HDCP2013 Section D: 2.3 – Amenity impacts on nearby and adjoining zones

HDCP 2013, Part D, section 2.6 – Parking and vehicular access is not relevant to the development application as the development application is for extension to hours of operation and construction of an acoustic wall only. No changes are proposed to any buildings on site or change to the number of car parking on site.

Council has undertaken as assessment of HDCP 2013 Section D: 2.3 – Amenity impacts on nearby and adjoining zones within the HDCP 2013 compliance table provided at Attachment 2.

Permissibility of acoustic wall

The proposed acoustic wall is permissible with consent and it is also consistent with the objectives of Clause 6.9 of the LEP. Please refer to Holroyd Local Environmental Plan 2013 assessment section within this report above for Council’s detailed assessment in relation to the proposed acoustic wall.

Any existing trees/shrubs to be removed from construction of acoustic wall

The applicant is not seeking consent for removal of any trees or shrubs as part of this application. Conditions are included in the draft determination to require trees to be retained and protected during the construction of the acoustic wall.

Location of premises operating 24 hours a day in relation to residential properties

The subject industrial site is zoned IN1 – General Industrial under the Holroyd LEP 2013. The use of the premises was approved by Council under DA 2000/43 and DA 2000/263.

Holroyd LEP 2013 states the objectives of land zoned IN1 – General Industrial include:

• To encourage employment opportunities; and

• To minimise any adverse effect of industry on other land uses

The proposed intensification of operations at the site can be considered to fulfil an important community need in maintaining employment in industrial areas.

Council considers that the site can be adequately managed by the draft conditions recommended to be imposed on any consent.

It is a recommendation of this report that the modification application be approved for a trial period of 12 months, with appropriate conditions imposed for Council and adjoining land uses to monitor compliance.

Impact of extension of hours on residential area including:

- Quality of life

- Impacts from noise including affecting sleep

- Increased air pollution/odour from trucks/warehouse operations

The development application was referred to Council’s Environmental Health Unit who raised no objections, subject to conditions, including all recommendations of the submitted acoustic report being implemented on site.

The application was also referred to the NSW EPA who reviewed a noise impact assessment report, Air quality impact assessment, storm water and waste water management plan. The NSW EPA issued Council with a General Terms of Approval.

Council has imposed various conditions in development consent to minimise the impact of the increased hours of operation on adjoining residential sites.

It is a condition of development consent for the subject site to also have a 24 hour 7 day complaints phone line and details of the complaints hotline is to be on Jalco’s website and the subject premises.

If it is observed that the premises is not operating in accordance with the conditions of consent, Council may be contacted on 8757-9000 (available 24 hours/7 days) and/or the NSW EPA to report a complaint.

Concerns of a flow on affect to neighbouring industrial premises requesting 24 hour operation in the future

Council assesses each application on its merits.

Process alarm constantly producing loud alert noise for hours when site unmonitored

If alarms are audible from the premises whilst the premise is unattended, please contact Council on 8757-9000 (available 24 hours/7 days) and/or the NSW EPA to report a complaint.

A condition of development consent is imposed for the subject site to also have a 24 hour 7 day complaints phone line and details of the complaints hotline are to be on Jalco’s website and the subject premises.

Noise from metal bins/containers all hours of the night

Conditions are included in the draft determination to protect adjoining residential amenity, including restriction to external operations.

Residents can contact Council to lodge a complaint, either online, by calling 8757-9907 (24 hours/7 days) or speaking to Council’s Customer Services in person at either Council’s Auburn or Merrylands service centres (during business hours).

Noise from forklifts continuously ‘beeping/horns’

The applicant has submitted to Council a compliance plan/plan of management, which proposes to renew the existing forklift fleet with new vehicles that use different technologies to eliminate the excessive use of horns. External forklift movements are also restricted to the following hours for a 12 month trial period:

· Monday to Friday: 7:00am to 7:00pm

· Saturday, Sunday and Public Holidays: No truck/external fork-lift movements on site permitted.

NSW EPA General Terms of Approval and EPA License 2746 include maximum noise levels to be permitted on site during specific hours.

Increase of noise from premises due to increased production/shift workers/ noise all hours of the night

NSW EPA General Terms of Approval and EPA License 2746 include maximum noise levels to be permitted on site during specific hours.

Residents can contact Council on 8757-9000 (available 24 hours/7 days) and/or the NSW EPA to report a complaint regarding noise from the premises.

The below hours of operation are recommended at the subject premises for a trial period of 12 months, which is to commence once all recommendations of the noise impact assessment report, including construction of an acoustic wall have been implemented on site:

Internal manufacturing and internal fork-lift movements

· Monday to Friday: 24 hours

· Saturday: 7:00am to 3:00pm

· Sunday and Public Holidays: No work permitted

Transport (truck and external fork-lift movements)

· Monday to Friday: 7:00am to 7:00pm

· Saturday, Sunday and Public Holidays: No truck/external fork-lift movements on site permitted.

Council has imposed various other conditions within development consent to minimise any amenity impact the increased hours of operation may have on adjoining residential sites.

Unauthorised structures on site including dust collection valve

The development application does not seek any consent regarding unauthorised structures on site.

A condition of development consent is for the site to be maintained in accordance with plans endorsed under previous consents.

External lighting on rear northern wall/light pollution shining into residential properties backyards

A condition has been recommended in the draft development consent regarding light over spill. The condition reads as follows, ‘All external lighting on site shall be directed away from neighbouring residential properties. In this regard, all light overspill shall be controlled so as not to unreasonably affect residential amenity. All lighting shall comply with AS4282-1997 Control of the obtrusive effects of outdoor lighting’.

Jalco already operating beyond hours sought/ external storage movements and vehicle movements including truck and forklifts operating externally all hours of the night

Council is aware of this and its regulatory arm has taken appropriate actions.

External storage including chemicals and raw materials and fire risk from chemical storage and external operational activities

A condition of the draft development consent is for the site to be maintained in accordance with plans previously endorsed by council, including:

· Site Plan of 277-289 Woodpark Road, Smithfield NSW, Dwg No. 352.50-0105, Revision D, Dated 9 December 1999, Endorsed by Council under Development Consent DA:2000/263; and

· Site Plan of 291-303 Woodpark Road, Smithfield NSW, Dwg No. 352.50-0106, Revision D, Dated 10 December 1999, Endorsed by Council under Development Consent DA: 2000/263.

· The above plans can be viewed at Council’s services centres by lodging a GIPA request with Council which can be viewed at the following link: https://www.cumberland.nsw.gov.au/sites/default/files/2017-10/GIPA-Informal-Access-Application-New-Logo-Cumberland-Council-2017.pdf

· The development application does not seek any change to external chemical storage from DA 2000/43 and DA 2000/263.

Lack of screening between industrial and residential sites

The development application proposes an acoustic wall at the rear of the site, between the existing industrial buildings and the adjacent residential properties.

As part of the development assessment process, Council received information regarding the acoustic wall, including location, materials, colour and associated planting. The proposed acoustic wall will contribute to minimise amenity impacts on adjoining residential properties from the extension of operation hours.

Council’s Tree Management Officer has also recommended a condition for appropriate screening by planting of trees between the boundary of adjoining residential sites and location of proposed acoustic wall.

An assessment of the proposed acoustic wall is within the HLEP 2013 section of this report, HLEP 2013 compliance table as Attachment 1 and within attachment 2 - HDCP 2013 – Part D- Section 2.3 - Amenity Impacts on Nearby and Adjoining zones.

Extension of hours affecting property value/loss of tenants

These are not matters for consideration in the assessment of a development application pursuant to section 4.15 of the EP&A Act.

Noise from rear car parks 24 hours a day

Conditions are included in the draft determination to require that all driveways which provide access to the rear of the site/ rear car parks to have their access gates locked with no vehicle access including trucks and forklifts between the following hours:

· Monday to Friday: 12:00am to 7:00am and 7:00pm to 11:59pm

· Saturday: 12:00am to 7:00am and 3:00pm to 11:59pm

· Sunday and Public Holidays: 24 hours

Council has imposed various other conditions within development consent to mitigate potential amenity impact on adjoining residential sites.

Car parking spaces required

Under current HDCP 2013 requirements, the premise is required to provide a minimum of 120 car spaces on site. The site includes 189 car spaces (52 car spaces allocated to ALS and 137 car spaces allocated to Jalco) and is considered acceptable by Council.

The proposed development does not require any additional car parking. Conditions included in the draft determination require that existing car spaces be maintained in accordance with previous consents.

Noise from trucks reversing on site

A condition has been imposed within the draft development consent for all vehicle movements on site, including truck movements, to be in a forward direction when entering and leaving the site.

Stormwater/waste water treatment

The development application is for extension to hours of operation and construction of an acoustic wall only; however, the application was referred to the NSW EPA who assessed stormwater/waste water as part of their assessment process, including reports submitted to Council.

The NSW EPA issued Council with General Terms of Approval and an EPA License (License: 2746) is applicable to the premises.

Gas storage. Dangerous goods and treatment plant

The development application is for extension to hours of operation and construction of an acoustic wall only. The development application does not seek approval for any storage/structures on site, with the exception of the construction of an acoustic wall.

A condition of development consent is for the site to be maintained in accordance with plans previously endorsed by council, including:

· Site Plan of 277-289 Woodpark Road, Smithfield NSW, Dwg No. 352.50-0105, Revision D, Dated 9 December 1999, Endorsed by Council under Development Consent DA:2000/263; and

· Site Plan of 291-303 Woodpark Road, Smithfield NSW, Dwg No. 352.50-0106, Revision D, Dated 10 December 1999, Endorsed by Council under Development Consent DA: 2000/263.

The above plans can be viewed at Council’s services centres by lodging a GIPA request with Council which can be viewed at the following link: https://www.cumberland.nsw.gov.au/sites/default/files/2017-10/GIPA-Informal-Access-Application-New-Logo-Cumberland-Council-2017.pdf

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

In considering whether a proposal is in the wider interest of the public, Council must consider the negative and positive aspects of the proposal. The proposed intensification of operations at the site can be considered to fulfil an important community need in supporting employment in industrial areas which has an increased economic benefit which satisfies the objectives of the IN1 – General industrial zone.

All development will have an impact and, as long as the impact can be appropriately managed, as is the case here, they can be considered to be in the interest of the community. It is noted that there are significant objections received in regard to the application. Hence, to manage the public interest, it is a recommendation of this report that the modification application be approved for a trial period of 12 months with appropriate conditions imposed for Council and adjoining land uses to monitor compliance.

Disclosure of Political Donations And Gifts

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 Holroyd Development Control Plan 2013 and is considered to be satisfactory for approval subject to conditions including a 12 months trial period.

The report has provided a detailed analysis of all the issues associated with the proposal. The HLEP 2013 and HDCP 2013 allow for industrial uses to operate within industrial areas and for impacts to be appropriately managed. On balance, it is considered that the potential impacts created by the proposal will be acceptable, if the mitigation measures detailed in the acoustic report and the recommended conditions are implemented. It is also recommended that the extended hours of operation be subject to a trial period of 12 months, to allow for monitoring of compliance with the consent conditions, and identification of any other issues associated with the proposal.

For these reasons, it is considered that the proposal is satisfactory having regard to the matters of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, and the development may be approved subject to conditions.

Consultation:

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

Financial Implications:

There are no 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 No. 2018/321/1 for extension of hours of operation of existing manufacturing & warehouse use to carry out manufacturing 24 hours a day Monday to Friday and 7.00 am to 3.00 pm Saturday, and truck & external forklift movements 7.00 am to 7.00 pm Monday to Friday and construction of an acoustic wall on land at 277-289 Woodpark Road, Smithfield be approved, subject to attached conditions, including a trial period of 12 months.

2. That the Environmental Protection Authority be advised of this determination.

3. That those persons who made a submission be advised of the determination.

Attachments

1. Holroyd Local Environmental Plan 2013 compliance table

2. Holroyd Development Control Plan 2013 compliance table

3. Draft Notice of Determination

4. Acoustic Report

5. Architectural Plans/Reports

6. Redacted Public Submissions

Extraordinary Cumberland Local Planning Panel Meeting

5 November 2019

ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979

NOTICE OF DETERMINATION OF APPLICATION

5 November 2019

David Carey Town Planning & Development

1/110 Wellington Street

WATERLOO NSW 2017

Dear Sir,

Pursuant to Section 4.16 of the Act, Council has granted conditional approval to your Development Application described as follows:

PROPERTY: Lot: 1 DP: 1024505

STREET ADDRESS: 277-289 Woodpark Road Smithfield

DEVELOPMENT CONSENT NO: 2018/321/1

DECISION: Cumberland Local Planning Panel

DATE OF EXPIRY OF CONSENT: 5 November 2024

PROPOSED DEVELOPMENT: Extension of hours of operation of existing manufacturing & warehouse use to carry out manufacturing 24 hours a day Monday to Friday and 7.00 am to 3.00 pm Saturday, and truck & external forklift movements 7.00 am to 7.00 pm Monday to Friday and construction of an acoustic wall.

This Development Application is APPROVED in accordance with the Environmental Planning & Assessment Act 1979 and is subject to compliance with the requirements of Cumberland Council, the Building Code of Australia, the Local Government Act 1993, and the following conditions as set out hereunder and/or endorsed upon the attached plans.

PRELIMINARY

1. This consent shall lapse if the above development is not physically commenced by the date of expiry shown on the front page of this consent.

2. The development is to be carried out in accordance with the following endorsed plans and documents:

· NSW EPA General Terms of Approval notice, Notice No. 1584640, File No. SF19/36142, Dated 9 September 2019;

· Acoustic Report prepared by Benbow Environmental, Report No. 191094_NIA_Rev5, Revision 5, Dated 26 August 2019;

· Air Quality Impact Assessment prepared by Benbow Environmental, Report No. 191094-02_AQIA_Rev3, Dated 17 May 2019;

· EPA Action Plan Stage 1 prepared by John Marks, Document No. 19004-010 Jalco, Revision 4, Dated 5 April 2019;

· Jalco Smithfield Compliance Plan, dated 22 May 2019;

· Site Plan of location of Acoustic wall prepared by Micheal Fountain Architects Pty Ltd, Job No. 1913, Dwg No. SK-001, Issue C, Dated September 2019

· Schedule of Colours and Finishes of Acoustic Wall, Received by Council 4 September 2019;

· Proposed Acoustic Wall Footing detail prepared by BVG Consultants Pty Ltd, Dwg No. 19-149 SK1, Dated 30 August 2019;

except as otherwise provided by the conditions of this determination and/or marked in red

3. All building work shall be carried out in accordance with the requirements of the Building Code of Australia. Fully detailed plans including fire safety details shall be submitted with the Construction Certificate application. No work is to commence until such time as a Construction Certificate is obtained for the work/building permitted by this Consent.

Appointment of Council or a Private Certifier as the Principal Certifying Authority (PCA)

4. Either Council or a Private Certifier is to be appointed as the Principal Certifying Authority (PCA) for the development in accordance with Section 6.6 of the Act.

Accordingly, wherever reference is made to the Principal Certifying Authority in this Consent, it refers to Council or the Private Certifier as chosen by you.

Note: Once you have chosen either Council or a Private Certifier as the PCA, you cannot change from one to the other, or from one Private Certifier or another, without the approval of Department of Planning & Infrastructure.

5. The applicant shall consult with, as required:

(a) Sydney Water Corporation Limited

(b) Integral Energy

(d) A local telecommunications carrier

regarding their requirements for the provision of services to the development and the location of existing services that may be affected by proposed works, either on site or on the adjacent public road(s).

6. Building materials, builder’s sheds, waste bins, site fencing, gates or any material of any description shall not be left or placed on any footway, road or nature strip. Footways and nature strips shall be maintained, including the cutting of vegetation, so as not to become unsightly or a hazard for pedestrians. Offenders will be prosecuted.

Limitation on consent

7. This consent relates only to the extension of hours of operation of existing manufacturing & warehouse use and construction of an acoustic wall. No consent is granted or implied for any other structures on site.

Acoustic Recommendations

8. All recommendations of the endorsed acoustic report that do not require Construction Certificate approval are to be implemented/completed within three (3) months of the date of this consent.

9. The acoustic wall is to be installed and completed within 6 months of the date of this consent. Note: Compliance with prior to Construction Certificate conditions is required before construction commences.

NOTE: FEES, BONDS & CONTRIBUTIONS INDICATED IN CONDITIONS OF THIS CONSENT MAY VARY IN ACCORDANCE WITH THOSE ADOPTED BY COUNCIL AT SUBSEQUENT ANNUAL REVIEWS OF ITS “FEES AND CHARGES” AND SUBSEQUENT CHANGES TO THE BUILDING PRICE INDEX. FEES CHARGED WILL BE THOSE CURRENT AT THE TIME OF PAYMENT.

PRIOR TO ISSUE/RELEASE OF CONSTRUCTION CERTIFICATE

The following conditions must be complied with prior to the issue of a Construction Certificate, or where relevant prior to demolition occurring. In many cases the conditions require certain details to be included with or incorporated in the detailed plans and specifications which accompany the Construction Certificate:

Amended Plans to Certifying Authority

10. Amended plans/documents shall be submitted to the Certifying Authority, prior to the issue of a Construction Certificate to address the following issues:

i. A Waste Management Plan is to be provided In accordance with section 11, Part A of Holroyd Development Control Plan 2013; and

ii. A detailed landscape plan prepared by a qualified Landscape Architect/ Designer at a minimum scale of 1:100 must be prepared, and be consistent with all other endorsed plans and documents. The plan must also include the following:

Planting of 45 litre minimum container size trees to be installed within area of the site between the rear acoustic wall and rear property boundary. The location/tree planting spacing is to be advised by the Consulting Arborist/Landscape Designer to aesthetically screen the wall from adjoining residential properties. The species of these trees must be selected from the following list:

o Eucalyptus moluccana (Grey Box)

o Eucalyptus tereticornis (Forest Red Gum)

o Corymbia maculata (Spotted Gum)

o Eucalyptus amplifolia (Cabbage Gum)

o Eucalyptus longifolia (Woolybutt)

o Syncarpia glomulifera (Turpentine Tree).

Arborist Report/Tree Protection Plan

11. A report from an AQF Level 5 Consulting Arborist with an accompanying Tree Protection Plan is required to assess the impact of the proposed acoustic wall construction on all existing trees that will be affected by the works tree pruning and construction vehicle access. The report must be written in accordance in with AS 4970 - ‘Protection of Trees on Development Sites’, and is to be submitted to Council for assessment and approval by Council’s Tree Management Officer. The arborist report must:

a) state the necessary tree sensitive construction measures to be implemented and/or any required design modification to the location of the wall/wall footings, so that the trees in this area can be retained and protected.

b) Include arborist recommendations required for any tree sensitive construction measures to be implemented to retain these trees must relate directly to the specific proposed works. Simply referring to sections/appendix within the report regarding basic tree protection information is unacceptable.

c) The Tree Protection Plan must provide Tree Protection Zone and Structural Root Zone measurements, including specific offset measurements annotated on the plan for the location of tree protection fencing and/or any other tree protection measures to be implemented. This must be prepared on a scale plan and show all proposed works and correct locations of the subject trees.

Plan of Management

12. A detailed Plan of Management shall be submitted to the satisfaction of Cumberland Council’s Executive Manager of Development and Building, within 3 months from date of this consent. The Plan of Management is to include, but not be limited to, the following:

· Loading and unloading of all vehicles including trucks;

· Truck management including truck waiting areas;

· Forklift refuelling location;

· Management of forklift noise during night time hours;

· Accident handling procedure;

· A complaint register is to be maintained noting each complaint and actions taken to address them. A copy of this register must be provided to Council with any modification application submitted at the conclusion of the 12 month trial period; and

· Complaints Phone Hotline as per the following:

The occupier/operator is to develop a specific complaint procedure program to facilitate communication with neighbouring properties and the handling of complaints. This is to include at a minimum, a 24 hour, 7 day a week phone hotline to be established.

Details of the specific complaint procedure program for Jalco’s Smithfield site is to be clearly visible at a minimum on Jalco’s website, main reception building fronting Woodpark Road, Smithfield and business identification signage within the front setback of the premises.

The details shall include at a minimum details stating the hotline is available 24 hours, 7 days a week to anyone including the general public and list the contact phone number of the hotline. The details regarding the specific complaint procedure program including the hotline is to be updated immediately should the details/ hotline phone number change.

Payment of Bonds, Fees and Long Service Levy

13. The Principal Certifying Authority is to ensure and obtain written proof that all bonds, fees and contributions as required by this consent have been paid to the applicable authority. This includes all Long Service Levy payments to be made to the Long Service Payments Corporation.

Damage Deposit

14. A cash bond/bank guarantee of $6,160.00 must be paid/lodged with Council to cover making good any damage caused to the property of Council, during the course of construction associated with the development. This will be held for ‘six (6) months after the completion of works’ or six (6) months 0fter the issue of ‘Final Occupation Certificate’ (whichever occurs last) to remedy any defects that may arise within this time.

Note:- The applicant/owner shall be held responsible for and may be required to pay the full reinstatement costs for damage caused to Council’s property unless the applicant/owner notifies Council in writing and provides photographic proof of any existing damage to Council’s property. Such notification shall occur prior to works/demolition commencing. However, if in the opinion of Council, during the course of construction existing damage has worsened, Council may require full reinstatement. If damage does occur during the course of construction, prior to reinstating any damage to Council’s property, the applicant/owner shall obtain design specifications of all proposed restoration works. Restoration/construction works within the road reserve shall be carried out by a licensed construction contractor at the applicant/owners expense and shall be inspected by Council prior to placement of concrete and/or asphalt.

Consistency with Endorsed Development Consent Plans

15. The Principal Certifying Authority must ensure that any certified plans forming part of the Construction Certificate, are in accordance with the Development Consent plans.

Landscape Inspection Fee

16. Payment of a $382.00 fee for the inspection by Council of landscape works and/or trees to be retained at the key stages, where Council is the Principal Certifying Authority.

Required Submissions to Certifying Authority

17. Structural engineer’s details prepared and certified by a practising qualified structural engineer of all reinforced concrete and structural members shall be submitted to the Principal Certifying Authority.

18. If the development likely to disturb or impact upon telecommunications infrastructure, written confirmation from the service provider that they have agreed to the proposed works must be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate or any works commencing, whichever occurs first.

Salinity

19. The site has been identified as having a potential salinity hazard. To prevent moisture/salinity from entering the built structure, appropriate construction methods are to be incorporated for all dwellings/buildings.

Details of proposed methods of construction are to be detailed in the engineering plans and submitted to the PCA.

Note: Further information for building in a saline environment is available in the following documents:

“Building in Saline Environment” prepared by DIPNR 2003.

Water Sensitive Urban Design in the Sydney Regions “Practice Note 12: Urban Salinity”

Wagga Wagga City Council’s “Urban Salinity Action” October 1999

“Guide to Residential Slabs and Footings in Saline Environments” prepared by Cement Concrete and Aggregates Australia, May 2005.

Sydney Water

20. A building plan approval must be obtained from Sydney Water Tap In™ to ensure the development will not affect any sewer, water or stormwater mains or easements.

A copy of the building plan approval receipt from Sydney Water must be submitted to the certifying authority, prior to the issue of a construction certificate.

Please go to sydneywater.com.au/tapin to apply.

PRIOR TO WORKS COMMENCING

The following conditions are to be complied with prior to demolition / any works commencing on the site:

Appointment of Principal Certifying Authority and Notification of Commencement of Work

21. The person having the benefit of the development consent, not the principal contractor (builder), must:

a) Appoint a Principal Certifying Authority in accordance with Section 6.6 of the Act.

b) Have the Principal Certifying Authority complete the ‘Accredited Certifier Details’ on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

c) Notify Council of the appointment of the Principal Certifying Authority and of the intention to commence building work, such notification is to be given to Council at least two (2) working days prior to the proposed commencement date, and be on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

If nominated, Council can provide this service for you and act as the Principal Certifying Authority.

N.B. The Principal Certifying Authority must also notify the person having the benefit of the Development Consent of any mandatory critical stage inspections and other inspections that are to be carried out in respect of the building work such notification must comply with Clause 103A of the Regulations.

Notification of Principal Contractor (Builder)/Owner-Builder

22. The person having the benefit of the Development Consent must:

(a) Notify the Principal Certifying Authority that the person will carry out the work as an owner-builder, if that is the case;

(b) Appoint a Principal Contractor for the building work (who must be the holder of a contractor licence if any residential building work is involved), and notify the Principal Contractor of any mandatory critical stage inspections and other inspections that are to be carried out in respect of the building work.

Where Council is the Principal Certifying Authority, such notification is to be on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

Photographic Record of Council Property – Damage Deposit

23. The applicant shall submit to Council, for the purposes of the damage deposit bond lodged to cover making good any damage caused to the property of Council, a full and satisfactory photographic record of the condition of Council’s property (i.e., road pavement, kerb and guttering, footway, stormwater drainage, etc.) adjacent to the subject site. The purpose of the photographic record is to establish any pre-existing damage to Council’s property to ensure that you are not liable for any re-instatement works associated with that damage. However, if in the opinion of Council, the existing damage has worsened or any new damage is caused during the course of construction, the Council may require either part or full re-instatement.

Note: Failure to provide a full and satisfactory photographic record described above, is likely to render the applicant liable to rectify all damages unless satisfactory proof can be provided that the damage was pre-existing.

Fencing of Sites

24. Fencing of sites is required to prevent public access when the site is unoccupied and building works are not in progress. In this regard the MINIMUM acceptable standard of fencing to the site is properly constructed chain wire fencing 1.8m high, clad internally with Hessian or Geotextile fabric. All openings are to be provided with gates, such gates are not at any time to swing out from the site or obstruct the footpath or roadway.

Signs to be Erected on Sites

25. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) Showing the name, address and telephone number of the Principal Certifying Authority for the work, and

(b) Showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours and at any time for business purposes, and

The sign must be rigid and durable and be read easily by anyone in any public road or other public place adjacent to the site.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

Note: Principal Certifying Authorities and Principal Contractors must also ensure that signs required by this clause are erected and maintained (clause 227A of the Regulations currently imposes a maximum penalty of $1,100).

Prohibited Signage

26. Advertising, Real Estate Agents, Architects, Designers, site suppliers and any other signage not mentioned in the conditions, is not to be placed or displayed on the site, such that the signage is visible from any public place. Offenders may be prosecuted.

Protection of Public Places

27. A hoarding or fence must be erected between the work site and any public place, if the work involved in the erection or demolition of the building; is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or involves the enclosure of a public place.

If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

Site Control Measures

28. Suitable erosion and sediment control measures shall be provided at all vehicular entry/exit points and all other measures required with and/or shown on plans accompanying the Construction Certificate, to control soil erosion and sedimentation, are to be in place prior to the commencement of construction works. Such controls are to be provided in accordance with Holroyd’s “Erosion & Sediment Control Policy.”

Note: On-the-spot fines may be issued by council where measures are absent or inadequate.

Tree Protection Conditions

29. An Arborist qualified to at least Australian Qualifications Framework (AQF) Certificate Level 4 shall be retained throughout all demolition/construction work to ensure the proper protection and management of the tree/s required to be retained/transplanted and that any necessary pruning work within 1m of the building/s approved, is carried out in accordance with Australian Standard 4373-1996 “Pruning of Amenity Trees”. This includes on site supervision of the erection of tree protection measures and, where necessary, any works that are required within tree protection zones.

30. The tree/s identified as per the report prepared to satisfy condition 9(ii), as being retained/transplanted, shall be protected prior to and throughout the construction process in accordance with the relevant conditions of this Consent. All trees not authorised to be removed by this Consent must be retained. Prior to any work commencing, certification of the installation and inspection of the required tree protection works is to be provided to the Principal Certifying Authority by a suitably qualified person or the Arborist (as appropriate) engaged to ensure the proper protection and management of the tree/s required to be retained/transplanted. A copy of the Certificate is to be issued to Council within seven (7) days of the inspection and prior to any works commencing. Additionally, trees identified for removal are to be retained until immediately prior to works commencing, to assist with soil management and erosion control.

Footpaving, Kerbing and Guttering

31. Protection must be provided for Council footpaving, kerbing and guttering. Wooden mats must also be provided at all entrances where the site fronts paved footpaths.

32. The applicant to arrange with the relevant public utility authority the alteration or removal of any affected services in connection with the development. Any such work being carried out at the applicant’s cost.

Works within Council’s Reserve

33. All works within the Council reserve shall be completed within three (3) weeks of the date of commencement. Council’s Development Engineer shall be advised prior to the commencement of works.

34. Submission to Council of a Certificate of Currency of the contractor’s Workers’ Compensation Policy prior to the commencement of works.

35. All construction works shall be in accordance with the WorkCover safety requirements. Submission of insurance documentation demonstrating a minimum Public Liability cover of $10,000,000 is to be submitted prior to commencement of works. Cumberland Council shall be named on the Certificate of Currency as an interested party.

DURING CONSTRUCTION

The following conditions are applicable during demolition / construction:

Endorsed Plans & Specifications

36. A copy of the endorsed stamped plans and specifications, together with a copy of the Development Consent, Construction Certificate and approved Traffic Management Plan are to be retained on site at all times.

Hours of Work & Display of Council Supplied Sign

37. For the purpose of preserving the amenity of neighbouring occupations building work including the delivery of materials to and from the site is to be restricted to the hours of 7.00am to 6.00pm Mondays to Fridays and 8.00am to 4.00pm Saturdays. Work on the site on Sundays and Public Holidays is prohibited. Note: Demolition work is not permitted on weekends or Public Holidays - refer to specific demolition condition for approved hours.

The yellow “Hours of Building Work” sign (supplied by Council with the approval), is to be displayed in a prominent position at the front of the site for the duration of the work.

Site Control

38. All soil erosion measures required in accordance with the approved sediment and erosion control plan and any other relevant conditions of this Consent are to be put in place prior to commencement of construction works are to be maintained during the entire construction period until disturbed areas are restored by turfing, paving or revegetation. This includes the provision of turf laid on the nature strip adjacent to the kerb.

39. Builder’s refuse disposal and storage facilities are to be provided on the development site for the duration of construction works and all rubbish shall be removed from the site upon completion of the project.

40. Stockpiles of sand, soil and other material shall be stored clear of any drainage line or easement, tree protection zone, water bodies, footpath, kerb or road surface and shall have erosion and sediment control measures in place to prevent the movement of such materials onto the aforementioned areas and adjoining land.

Waste Management Plan

41. The approved Waste Management Plan must be implemented and complied with during all stages of works on site.

42. Within seven (7) days of completion of construction/building works, the applicant shall submit a signed statement to Council or the Principal Certifying Authority verifying that demolition work and recycling of materials was undertaken in compliance with the Waste Management Plan. The Principal Certifying Authority shall submit a copy of the statement to Council.

In reviewing such documentation Council will require the provision of actual weighbridge receipts for the recycling/disposal of all materials.

Compliance with Critical Stage Inspections and other Inspections nominated by the Principal Certifying Authority

43. Section 6.5 of the Act requires certain specific inspections (prescribed by clause 162A of the Regulations) and known as ‘Critical Stage Inspections’ to be carried out for building work. Prior to permitting commencement of the work your Principal Certifying Authority is required to give notice of these inspections pursuant to clause 103A of the Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspections or other inspections required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all inspections required is provided with the Construction Certificate approval.

Tree Protection

44. The applicant shall accept all responsibility for the accuracy of the information provided to Council for assessment. If any tree/s are not shown on the endorsed plan or are required to be retained and protected but are threatened by demolition/construction work through unforeseen construction requirements or plan inaccuracy, all site and building works so affected are to cease until the matter is resolved to the satisfaction of Council. Council’s Environmental and Planning Services Department is to be notified immediately upon such a problem being encountered.

45. The tree/s identified as per the report required, as per condition number 9(ii), as being retained/transplanted shall be protected against damage throughout the demolition/construction process in accordance with the relevant conditions of this Consent.

46. Branches of trees to be retained/transplanted within 1m of the approved building, may be pruned by an Arborist qualified to at least Australian Qualification Framework (AQF) Certificate Level 3 in accordance with Australian Standard AS4373-1996 ‘Pruning of Amenity Trees’ to enable demolition/construction works to occur.

Note: Any other pruning works not authorised by this Consent are subject to the approval of an application for General Tree Works activities.

47. No works are to occur within the fenced tree protection zone. All authorised works/activities within the fenced tree protection zone/s are to be undertaken by hand held equipment under the supervision of the consulting Arborist. No roots over 50mm in diameter are to be cut within the tree protection zone without prior consultation with Council officers or the consulting Arborist.

All roots over 50mm in diameter which are encountered outside the fenced tree protection zone/s are to be cleanly cut and not ripped.

Road Works and Footpaving

48. Pedestrian access, including disabled and pram access, is to be maintained as per Australian Standard AS1742.3 “Part 3 – Traffic Control Devices for Works on Roads”.

49. All advisory and regulatory sign posting (for example parking restriction signage, pedestrian crossing signs, warning signs) are to remain in place during construction.

Vehicle Cleansing

50. Concrete trucks and trucks used for the transportation of building materials shall not traffic soil, cement or similar materials onto the road. Hosing down of vehicle tyres shall be conducted in a suitable off-street area where wash water is prevented from entering the stormwater system or adjoining property.

Importation of Fill

51. All imported fill shall be validated in accordance with Council’s Contaminated Land Policy to ensure that it is suitable for the proposed land use from a contamination perspective.

Additional Information during Construction

52. Any new information which comes to light during demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to Council immediately.

FOLLOWING COMPLETION OF WORKS

The following conditions must be complied with following the completion of all physical works:

Landscaping/Tree Protection

53. Certification is to be provided to the Principal Certifying Authority (PCA), from the designer of the landscape proposal, that all tree planting/landscape works have been carried out in accordance with the endorsed plan. If Council is the PCA, the certification is to be submitted to Council prior to or at the final landscape inspection. If Council is not the PCA, a copy of the certification is to be provided to Council.

54. The Arborist engaged to ensure the proper protection and management of the trees required to be retained/transplanted is to provide a report to Council concerning the health and condition of the tree/s and if necessary any remedial works required. The report should also provide documentary evidence that the tree protection conditions were complied with throughout the demolition/construction phases, in the form of site notes and photographs. Should the trees require remedial works which are not exempt under Council’s Tree Management Order, an application for General Tree Works will be required to be submitted and approved before the works are carried out and certified by the Arborist. Remedial works which are exempt under Council’s Tree Management Order will also be required to be completed and certified.

Acoustic Recommendations

55. Within 6 months of date of this consent, following completion of all recommendations in accordance with this development consent and detailed at section 6 of the Acoustic Report prepared by Benbow Environmental, Report No. 191094_NIA_Rev5, Revision 5, Dated 26 August 2019, the site is to be inspected by a suitably qualified person and a noise compliance report is to be prepared and submitted to Council to confirm that the attenuation measures required to be installed/implemented are functioning as intended, and that the premises is complying with all noise requirements stipulated in this consent, and EPA EPA General Terms of Approval notice, Notice No. 1584640, File No. SF19/36142, Dated 9 September 2019.

General

56. Documentary evidence and/or certificate of compliance must be submitted to Council to show that all works have been completed in accordance with this Development Consent.

CONDITIONS RELATING TO USE

The following conditions are applicable to the use of the development:

Safety and Amenity

57. Where an intruder alarm is installed on the premises it shall be fitted with a timing device in accordance with the requirements of the Protection of the Environment Operations Act 1997.

Council Inspections

58. Access to the site is to be provided to Council Officers to inspect the site at any time upon request to confirm compliance with the Plan of Management and conditions of this consent. Inspections will be undertaken in accordance with the following schedule, without prior notice:

Time period	Frequency of inspection
Within 12 months from date of this consent	Minimum one per quarter
12 months after, and within 3 years from date of this consent	Minimum one per six months
Year 4 onwards from date of this consent	Minimum one per annum

Note: Additional site inspections may occur and will be conducted without notice by Council staff.

Acoustic Report

59. The recommendations within section 6 of the Acoustic Report prepared by Benbow Environmental, Report No. 191094_NIA_Rev5, Revision 5, Dated 26 August 2019 must be adhered to at all times.

Noise Emissions – Industrial Development

60. Noise from the development must not exceed levels at the times and locations stated within the NSW EPA General Terms of Approval notice, Notice No. 1584640, File No. SF19/36142, Dated 9 September 2019 under any circumstances.

61. The use of the premises shall not create ‘offensive noise’ as defined in the provisions of the Protection of the Environment Operations Act 1997

62. The operation of the premises shall be conducted in such a manner as not to interfere with or materially affect the amenity of the neighbourhood including residential industrial properties by reason of noise, vibration, odour, fumes, vapour, steam, soot, ash, dust, particulate matter, waste water, waste products or other impurities which are a nuisance or injurious to health. Special precautions must be taken to avoid nuisance in neighbouring residential areas, particularly from warning sirens, intruder alarms, public address systems, heavy duty compresses and the like.

63. Business is to be conducted and patrons are to be controlled at all times so that no interference occurs to the amenity of the adjoining occupations.

Light Overspill

64. All external lighting on site shall be directed away from neighbouring residential properties. In this regard, all light overspill shall be controlled so as not to unreasonably affect residential amenity. All lighting shall comply with AS4282-1997 Control of the obtrusive effects of outdoor lighting.

Public Address System

65. No approval granted for a public address system or sound amplifying equipment. A public address system or sound amplifying equipment shall not, without the consent of Council, be installed in or upon the premises so as to cause or permit the emission of sound onto any public place or nearby residential area.

Hours of Operation

66. For the purposes of preserving the amenity of neighbouring occupations and residents, the operation of the premises is to be restricted to the following hours:

Monday to Friday: 7.00am to 7.00pm,

Saturday: 7:00am to 12:00pm

Sunday and Public Holidays: No work permitted

For a trial period of 12 months, commencing from the date that Council confirms all acoustic measures have been installed in accordance with conditions 8, 9 and 55, the hours of operation are restricted to the following:

Internal manufacturing and internal fork-lift movements

· Monday to Friday: 24 hours

· Saturday: 7:00am to 3:00pm

· Sunday and Public Holidays: No work permitted

Transport (truck and external fork-lift movements)

· Monday to Friday: 7:00am to 7:00pm

· Saturday, Sunday and Public Holidays: No truck/external fork-lift movements on site permitted.

A modification application may be submitted to Council not more than 3 months prior to the expiration of the 12 month trial period seeking the continuation of the extended hours of operation. If such an application is lodged, the extended hours of operation will continue to apply until such time as the application is determined by Council.

It should be demonstrated that the extended hours of operation have been in effect for a continuous period of at least 6 months prior to the lodgement of any modification application to extend or conclude the trial period.

67. All forklift re-fuelling is to occur during the following hours:

· Monday to Friday: 7:00am to 7:00pm

· Saturday: 7:00am to 3:00pm

· Sunday and Public Holidays: No re-fuelling

68. The vehicle/truck access gates located on the western and eastern driveway of the western warehouse (production warehouse) as shown on Site Plan of 291-303 Woodpark Road, Smithfield NSW, Dwg No. 352.50-0106, Revision D, Dated 10 December 1999 and eastern driveway used exclusively by Jalco of eastern warehouse (storage warehouse) as shown on Site Plan of 277-289 Woodpark Road, Smithfield NSW, Dwg No. 352.50-0105, Revision D, Dated 9 December 1999, both endorsed by Council under Development Consent DA:2000/263 are to be locked with no vehicle access including trucks and forklifts between the following hours:

· Monday to Friday: 12:00am to 7:00am and 7:00pm to 11:59pm

· Saturday: 12:00am to 7:00am and 3:00pm to 11:59pm

· Sunday and Public Holidays: 24 Hours

69. All vehicle loading/unloading roller doors used by trucks and forklifts within the two (2) warehouses, are to be closed during the following hours:

· Monday to Friday: 12:00am to 7:00am and 7:00pm to 11:59pm

· Saturday: 12:00am to 7:00am and 3:00pm to 11:59pm

· Sunday and Public Holidays: 24 Hours

Traffic and Parking

70. The car parking spaces, driveways and manoeuvring areas are to be used for employees and visitors vehicles only and not for the storage of new or used materials/chemicals, pallets, finished goods, commercial vehicles or the like.

71. All staff and visitors parking spaces, including all existing car parking spaces, shall be signposted and clearly line marked at all times in accordance with Australian Standards AS2890.1-2004, AS2890.2.2002 and the endorsed plans.

72. Pavement marking is to be provided and maintained within the site to indicate the direction of travel for all vehicles.

73. No vehicles including trucks are to Idle on site under any circumstances including during unloading/loading of any materials/powder/liquids.

74. A total of 189 car parking spaces, as per plans listed under condition 80, are to be provided and maintained on site, including the existing 52 spaces adjacent to the southern boundary and allocated to the Australian Laboratory Services tenancy.

75. All entry/exit driveways shall be indicated with appropriate signage and line marking to avoid conflict at the driveway.

Intruder Alarms

76. Any intruder alarm at the premises shall be fitted with a timing device in accordance with the requirement of Section 53 of the Protection of the Environment Operations Act (Noise Control) Regulation 2010.

77. Signage is to be installed at appropriate locations within the site, including at driveway entrance/s to ensure that all drivers entering and travelling through the site are alerted to the following:

· That all vehicles including trucks are required to enter and exit the site in a forward direction;

· That all truck engines are to be switched off when not in motion (including during loading and unloading operations);

· On site speed limits for vehicles including trucks/forklifts;

· Minimise truck breaking on site at all times;

· Indicate staff and visitor parking available on site; and

· To implement quiet operations during the night periods.

Evidence demonstrating that the required signage has been installed is to be submitted to Council within 2 months of the date of issue of this consent.

78. All vehicles including trucks shall enter/leave the site in a forward direction as demonstrated on Site Plan of 277-289 Woodpark Road, Smithfield NSW, Dwg No. 352.50-0105, Revision D, Dated 9 December 1999 and on Site Plan of 291-303 Woodpark Road, Smithfield NSW, Dwg No. 352.50-0106, Revision D, Dated 10 December 1999, both endorsed by Council under Development Consent DA:2000/263

Storage of Materials

79. All industrial activates including, but not limited to, storage of materials (including pallets), loading and unloading, cleaning and maintenance and the like are to be confined within the eastern (storage warehouse) and the western warehouse (production warehouse) buildings and no such activity shall occur externally to the buildings unless shown on previously endorsed plans listed as per condition 80.

Compliance with previous endorsed Architectural Plans and Development Consents

80. The site and buildings are to be maintained in accordance with the following plans endorsed under previous consents:

· Site Plan of 277-289 Woodpark Road, Smithfield NSW, Dwg No. 352.50-0105, Revision D, Dated 9 December 1999, Endorsed by Council under Development Consent DA:2000/263; and

· Site Plan of 291-303 Woodpark Road, Smithfield NSW, Dwg No. 352.50-0106, Revision D, Dated 10 December 1999, Endorsed by Council under Development Consent DA:2000/263.

81. Conditions of DA 2000/43 and DA 2000/263 continue to apply to the ongoing operations. If there is an inconsistency between the conditions of this consent and any previously issued consent, this consent applies to the extent of the inconsistency.

Acoustic Wall

82. The acoustic wall is to remain in place for the life of the development.

ADVISORY NOTES

Other Necessary Approvals

A. The applicant’s attention is drawn to the need to obtain Council’s separate approval for any ancillary activity not approved by this consent, including:

(a) Works, including the pruning or removal of any tree(s) not authorised in the preceding conditions or on the approved plans. Council’s Tree Preservation Order protects trees by definition taller than 3.5m or having a trunk circumference exceeding 500mm measured one metre above ground level. If in doubt contact Council’s Tree Management Officer.

(b) Any fencing located forward of the proposed building and exceeding the limitations specified in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(d) The installation of any furnace, kilns, steam boiler, chemical plant, sand blast, spray painting booth or the like.

B. Modifications to the approved plans will require the lodgement and consideration by Council of a modification application pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979.

C. Section 8.7 of the Act provides that an applicant who is dissatisfied with the Council’s determination of the Development Application may appeal to the Land and Environment Court within six (6) months of the date of determination, or as otherwise prescribed.

D. Section 8.3 of the Act provides that an applicant may request, within six (6) months of the date of determination of the Development Application, that the Council review its determination (this does not apply to designated development). A fee is required for this review.

It should also be noted that an application under Section 8.3 of the Act cannot be reviewed/determined after 6 months of the date of determination. Therefore, the submission of a Section 8.3 Application must allow sufficient time for Council to complete its review within the prescribed time frame, including the statutory requirement for public notification.

E. DIAL BEFORE YOU DIG

Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

F. A Construction Certificate shall be obtained in accordance with Section 6.7 of the Act, prior to the commencement of any work on site. Council can provide this service for you.

G. CONSTRUCTION CERTIFICATE FEES

An administration fee per certificate (in accordance with Council’s adopted fees and charges) is payable to Council on lodgement of Construction and Occupation Certificates from Principal Certifying Authorities.

Yours faithfully,

Sohail Faridy

COORDINATOR DEVELOPMENT ASSESSMENT

Extraordinary Cumberland Local Planning Panel Meeting

5 November 2019

Item No: LPP068/19

Development Application - 45-47 Susan Street, Auburn

Responsible Division: Environment & Planning

Officer: Executive Manager Development and Building

File Number: DA-251/2019

Application lodged	25-Sep-2019
Applicant	Architecture Design Studio (NSW) Pty Ltd
Owner	Park Road Project Pty Limited
Application No.	DA-251/2019
Description of Land	45-47 Susan Street, AUBURN NSW 2144, Lot 29 Sec 14 DP 1389, Lot 28 Sec 14 DP 1389
Proposed Development	Demolition of existing structures and construction of a 2 storey boarding house comprising 33 single rooms, 2 double rooms, 1 managers room and 1 communal room over basement level car parking for 20 vehicles
Site Area	1,226.80m²
Zoning	R3 – Medium Density Zone
Disclosure of political donations and gifts	Nil disclosure
Heritage	No
Principal Development Standards	FSR Permissible: 0.75:1 Proposed: 0.75:1 Height of Building Permissible: 9m Proposed: 7.5m
Issues	Submissions received

Summary:

1. Development Application No.DA-251/2019 was received on 13 August 2019 for the demolition of existing structures and construction of a 2 storey boarding house comprising 33 single rooms, 2 double rooms, 1 managers room and 1 communal room over basement level car parking for 20 vehicles

2. The application was publicly notified to occupants and owners of the adjoining properties for a period of 14 days between 27 August 2019 and 10 September 2019. In response, 25 submissions were received.

3. The application is recommended for conditional approval subject to the conditions as provided in the attached schedule.

4. The application is referred to the Panel as the proposal is considered to be contentious development.

Report:

Subject Site and Surrounding Area

The subject site is legally described as Lot 29 Sec 14 DP 1389 and Lot 28 Sec 14 DP 1389 which is also known as 45-47 Susan Street, Auburn. The site is a regular shaped lot with a frontage of 24.38m and a total site area of 1,226.80m².

The site is located in a transitioning area which includes a mix of older style single storey dwellings, two storey walk up residential flat buildings, newer dual occupancy and multi dwelling housing. The site is approximately 800m to Auburn Train Station. The site is opposite a child care centre.

Figure 1 – Locality Plan of subject site

Figure 2 – Aerial view of subject site

Figure 3 – Street view of subject site

Description of the Proposed Development

Council has received a development application for the following:

- The demolition of existing structures;

- Construction of a 2 storey boarding house comprising of

o 33 single rooms;

o 2 double rooms;

o 1 managers room;

- Communal room on the ground floor; and

- Basement level car parking for 20 vehicles

History

Pre lodgement advice (PL-4/2015) was issued by Council 4 May 2015.

DA-173/2019 was lodged on 6 June 2019 which was withdrawn on 23 July 2019.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Think Planners dated 6 February 2019 and was received by Council on 13 August 2019 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 proposal is satisfactory and therefore can be supported, subject to recommended conditions of consent.

Environment and Health

The development application was referred to Council’s Environment and Health Officer for comment who has advised that the development proposal is satisfactory and therefore can be supported, subject to recommended conditions of consent.

Landscape Officer

The development application was referred to Council’s Landscape Officer for comment who has advised that the development proposal is satisfactory and therefore can be supported, subject to recommended conditions of consent.

Waste Management

The development application was referred to Council’s Waste Management Officer for comment who has advised that the development proposal is satisfactory and therefore can be supported, subject to recommended conditions of consent.

External Referrals

The development application was referred to a crime prevention officer at the Auburn Police Station who has advised that the development proposal is satisfactory and therefore can be supported, subject to recommended conditions of consent.

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 (SEPP 55)

Clause 7 of SEPP 55 requires Council to be satisfied that the site is suitable or can be made suitable to accommodate the proposed development. The matters listed within Clause 7 have been considered in the assessment of the development application.

Matter for Consideration	Yes/No
Does the application involve re-development of the site or a change of land use?	Yes No
Does the application involve re-development of the site or a change of land use?	Yes No
In the development going to be used for a sensitive land use (e.g.: residential, educational, recreational, childcare or hospital)?	Yes No
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	Yes No
Is the site listed on Council’s Contaminated Land database?	Yes No
Is the site subject to EPA clean-up order or other EPA restrictions?	Yes No
Has the site been the subject of known pollution incidents or illegal dumping?	Yes No
Does the site adjoin any contaminated land/previously contaminated land?	Yes No
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?	Yes No
Details of contamination investigations carried out at the site: A Preliminary Site Investigation report prepared by Geotechnical Consultants Australia was submitted with the application. The report did not reveal any potential matters of concern with regard to contamination and concludes that the site is suitable for its intended use.

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

The provisions of the ISEPP 2007 have been considered in the assessment of the development application.

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

The proposal does not exceed the biodiversity offsets scheme threshold. Therefore, the proposed vegetation removal is considered acceptable. Please refer to the DCP compliance table for further discussion.

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

BASIX Certificate 1031848M dated issued on 8 August 2019 prepared by Taylor Smith Consulting has been submitted with Council and is considered to be satisfactory.

(e) State Environmental Planning Policy (Affordable Rental Housing) 2009

The relevant objectives and provisions of ARHSEPP 2009 have been considered in the following assessment table.

Requirement

Yes

N/A

Comment

8 Relationship with other environmental planning instruments

If there is an inconsistency between this Policy and any other environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.

Noted

26 Land to which Division applies

This Division applies to land within any of the following land use zones or within a land use zone that is equivalent to any of those zones:

(a) Zone R1 General Residential,

(b) Zone R2 Low Density Residential,

(d) Zone R4 High Density Residential,

(e) Zone B1 Neighbourhood Centre,

(f) Zone B2 Local Centre,

(g) Zone B4 Mixed Use.

The subject site located within the R3 Medium Density Residential Zone as identified in the ALEP 2010.

27 Development to which Division applies

(1) This Division applies to development, on land to which this Division applies, for the purposes of boarding houses.

(2) Despite subclause (1), this Division does not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone in the Sydney region unless the land is within an accessible area.

(3) Despite subclause (1), this Division does not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone that is not in the Sydney region unless all or part of the development is within 400 metres walking distance of land within Zone B2 Local Centre or Zone B4 Mixed Use or within a land use zone that is equivalent to any of those zones.

The development is proposed on land zoned R3 Medium Density Residential Zone in the Sydney region. This division applies to the development.

The site is zoned R3 Medium Density Zone.

28 Development may be carried out with consent

Development to which this Division applies may be carried out with consent.

Consent is being sought.

29 Standards that cannot be used to refuse consent

(1) A consent authority must not refuse consent to development to which this Division applies on the grounds of density or scale if the density and scale of the buildings when expressed as a floor space ratio are not more than:

(a) the existing maximum floor space ratio for any form of residential accommodation permitted on the land, or

(b) if the development is on land within a zone in which no residential accommodation is permitted—the existing maximum floor space ratio for any form of development permitted on the land, or

(c) if the development is on land within a zone in which residential flat buildings are permitted and the land does not contain a heritage item that is identified in an environmental planning instrument or an interim heritage order or on the State Heritage Register—the existing maximum floor space ratio for any form of residential accommodation permitted on the land, plus:

(i) 0.5:1, if the existing maximum floor space ratio is 2.5:1 or less, or

(ii) 20% of the existing maximum floor space ratio, if the existing maximum floor space ratio is greater than 2.5:1.

The proposed development complies with the prescribed FSR for the zone being 0.75:1

Residential accommodation is permitted in the zone.

Residential flat buildings are not permitted in the R3 zone.

(2) A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

(a) building height

if the building height of all proposed buildings is not more than the maximum building height permitted under another environmental planning instrument for any building on the land,

(b) landscaped area

if the landscape treatment of the front setback area is compatible with the streetscape in which the building is located,

where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter,

(d) private open space

if at least the following private open space areas are provided (other than the front setback area):

(i) one area of at least 20m² with a minimum dimension of 3m is provided for the use of the lodgers,

(ii) if accommodation is provided on site for a boarding house manager—one area of at least 8m² with a minimum dimension of 2.5m is provided adjacent to that accommodation,

(e) parking
if:

(i) in the case of development carried out by or on behalf of a social housing provider in an accessible area—at least 0.2 parking spaces are provided for each boarding room, and

(ii) in the case of development carried out by or on behalf of a social housing provider not in an accessible area—at least 0.4 parking spaces are provided for each boarding room, and

(iia) in the case of development not carried out by or on behalf of a social housing provider—at least 0.5 parking spaces are provided for each boarding room, and

(iii) in the case of any development—not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site,

(f) accommodation size

if each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:

(i) 12m² in the case of a boarding room intended to be used by a single lodger, or

(ii) 16m² in any other case.

The maximum building height for the site permitted under ALEP 2010 is 9m. The proposed development is 7.5m in height.

The front setback with its landscaping is considered to be consistent to that of the surrounding streetscape.

There is a communal area on the ground floor towards the rear of the site which has a north facing sliding door and a west facing sliding door. This area will receive solar access between 11am and 2pm meeting this requirement.

Private open space for lodgers has been provided in the rear of the site which is 63m² in size with minimum dimension of 3m. The ground floor rooms also have private patios at least 5m² in size (size varies).

A 66m² area has been provided at the rear attached to the managers room.

The application is not being carried out by or on behalf of a social housing provider.

35 rooms are proposed in total which generate 17.5 = 18 spaces.

20 spaces have been proposed to be used by lodgers however one of those spaces is required to be used a turning bay which leaves a total of 19 spaces – being one more than the required 18

1 managers space has been proposed.

Total number of spaced needed: 19

Total number of spaces provided: 20

All single rooms are a minimum of 12m² and the two double rooms are a minimum of 16m²

(3) A boarding house may have private kitchen or bathroom facilities in each boarding room but is not required to have those facilities in any boarding room.

All requires services are provided within each boarding room.

(4) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).

Noted.

30 Standards for boarding houses

(1) A consent authority must not consent to development to which this Division applies unless it is satisfied of each of the following:

(a) if a boarding house has 5 or more boarding rooms, at least one communal living room will be provided,

(b) no boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25m²,

(d) adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger,

(e) if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager,

(f) (Repealed)

(g) if the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use,

(h) at least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.

(2) Subclause (1) does not apply to development for the purposes of minor alterations or additions to an existing boarding house.

There are 35 rooms in total with one communal area on the ground floor.

None of the boarding rooms are over 25m².

This can form part of a condition of consent. All rooms are nominated as either single or double rooms.

Small kitchenettes are available in each room with a small bathroom.

A manager’s room has been proposed.

The development is not on land zoned primarily for commercial purposes.

Number of boarding rooms = 35

Therefore 7 spaces is needed bicycle/motorcycle

7 motorbike spaces proposed

11 bicycle spaces proposed

New building proposed.

30AA Boarding houses in Zone R2 Low Density Residential

A consent authority must not grant development consent to a boarding house on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone unless it is satisfied that the boarding house has no more than 12 boarding rooms.

The subject site is zoned R3 – Medium Density Zoning

30A Character of local area

A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

See discussion below.

Part 4 Miscellaneous

52 No subdivision of boarding houses

A consent authority must not grant consent to the strata subdivision or community title subdivision of a boarding house.

No subdivision is proposed as part of this application. This will be reinforced as a condition on any consent issued.

Discussion

The ARHSEPP does not provide guidance in how to determine if a development is compatible with the local area. In this regard, case law in the Land and Environment Court has considered the merits assessment of Clause 30A. In addition, the Land and Environment Court’s Planning Principle ‘Surrounding Development – Compatibility of proposal with surrounding development’ (Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191) provides for guidance on how to assess compatibility of development with the character of local area. Using case law and the Land and Environment Court Planning Principle, a merit assessment of character of the local area should consider the following three steps:

Step 1 – Identify the local area.

Step 2 – Determine the character (present and future) of the local area.

Step 3 – Determine if the development is compatible with the character of the local area.

As assessment against each step is provided below:

Step 1 - Identify the local area

This assessment identifies the local area as primarily the visual catchment of the site (as viewed from within the site and directly adjacent to the site on the street) which is shown in the aerial view provided earlier in the report.

The local area for the purposes of this application is outlined on the zoning map below:

Child care centre across the road:

Walk up residential flat buildings immediately to the north:

Older style single storey dwellings and two storey dual occupancy opposite the subject site:

Two storey multi dwelling housing on corner of Helena Street and Susan Street:

Step 2 – Determine the character (present and future) of the local area

The identified character area is within the zone R3 Medium Density Residential and contains primarily one storey older style dwellings, two storey dual occupancy, two storey (with attics) multi dwelling housing and two storey walk up older style residential flat buildings. Immediately opposite the site is a two storey childcare centre (with a recently approved extension), a single storey dwelling and a two storey dual occupancy. Adjacent to the site to the north is a two storey walk up residential flat building. Adjacent to the site to the south is a single storey dwelling. Immediately to the rear of the site is an older style, two storey residential flat building. The area is undergoing transition and it is likely that the existing older building stock of single dwellings will be redeveloped to large two storey dwellings, dual occupancy and multi dwelling housing already evident in the area.

Step 3 - Determine if the development is compatible with the character of the local area.

In accordance with the Land and Environment Court’s ‘Planning Principle’ and recent case law on the character test within Clause 30A of the ARHSEPP, compatibility is best defined as ‘capable of existing together in harmony’. In order to test compatibility two questions are to be considered. These questions as well as a response to each are provided below:

Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.

The above question is relatively objective. Physical impacts generally include privacy, overshadowing, visual bulk and compatibility in the streetscape.

In terms of the physical impacts of the development, the following points are made:

· The design of the proposal and large side setbacks of the development create minimal overshadowing impact on adjoining sites.

· Privacy impacts are mitigated through the use of large setbacks, appropriate fencing on the ground floor and keeping the communal spaces on the ground floor behind fences.

· There are two first floor, rear facing balconies which have a depth of no more than 0.5m and therefore cannot be used for social gatherings.

· Noise impacts from the common room are reduced through it being located on the ground floor and have limited hours of access.

· The development proposal does not result in the constrained development potential of the adjoining properties to other uses permissible in R3 zones.

· The car parking is located in the basement so that it does not add to the physical aspect of the building.

· The street facing elevation (balcony and large windows) allows for passive surveillance of Susan Street.

· The proposal is a purpose built boarding house development which has utilised architectural and design treatments to ameliorate amenity impacts on neighbouring properties.

The development will have acceptable impacts on neighbouring developments.

Is the proposal’s appearance in harmony with the buildings around it and the character of the street?

The predominant building types within the local area are one and two storey residential dwelling houses, dual occupancy, multi dwelling housing and older style walk up residential flat buildings. Given that predominant future character of the area is to maintain the medium density residential use in terms of usage and building type. It is expected there will be upgrades to the residential housing stock via alterations and additions, knock down rebuilds and new multi dwelling housing. As such, the proposed two storey building form and materials and finishes are considered to be in harmony with the emerging development in the area. The building has an appearance from the street of a larger, new dwelling or that of a multi dwelling housing.

In this context, it is considered that the proposal is considered to be compatible with the existing and future desired character of the locality.

Regional Environmental Plans

The proposed development is affected by the following Regional Environmental Plans:

(a) 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

Auburn Local Environmental Plan 2010

The provision of the ALEP 2010 is applicable to the development proposal. It is noted that the development achieves compliance with the key statutory requirements of the ALEP 2010 and the objectives of the R3 – Medium Density Residential zoning.

(a) Permissibility:-

The proposed development is defined as a “Boarding House” and is permissible in the R3 – Medium Density Residential zone with consent.

boarding house means a building that:

(a) is wholly or partly let in lodgings, and

(b) provides lodgers with a principal place of residence for 3 months or more, and

(d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,

but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.

The relevant matters to be considered under ALEP 2010 and the applicable clauses for the proposed development are summarised below.

Parramatta Local Environmental Plan (PLEP) 2011
Is the development consistent with the aims of the LEP?	Not inconsistent.
Is the development consistent with the Zone objectives?	Not inconsistent.
Maximum height of building – 9m	Yes – overall building height is 7.5m
Floor space ratio (FSR) – 0.75:1	Yes – the proposal has a FSR of 0.75:1
Heritage Conservation	N/A – the site is not in a heritage conservation area nor is it listed as a heritage item.
Acid Sulphate Soils	Yes – Class 5
Earthworks	Yes – Acceptable
Flood Planning	N/A
Biodiversity Protection	N/A
Water Protection	N/A

The provisions of any proposed instrument that is or has been the subject (EP&A Act s4.15 (1)(a)(ii))

(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.

Changes are also proposed to the Standard Instrument – Principal Local Environmental Plan. Some provisions of the existing policies will be transferred to new Section 117 Local Planning Directions where appropriate.

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

The Auburn DCP 2010 provides guidance for the design and operation of development to achieve the aims and objectives of the ALEP 2010.

There are no controls under ADCP 2010 that are relevant to a boarding house development. The application has been assessed against DCP parts relating to stormwater and waste and therefore the application has found to be worthy of support via conditions of consent.

There is no 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 Reg).

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))

The subject site and locality is not known to be affected by any natural hazards or other site constraints likely to have a significant adverse impact on the proposed development. Accordingly, 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 Auburn DCP 2010, the proposal was publicly notified for a period of 14 days between 27 August 2019 and 10 September 2019. The notification generated 25 (same letter signed by different households) submissions in respect of the proposal with nil disclosing a political donation or gift. The issues raised in the public submissions are summarised and commented on as follows:

Issues:	Planners Comment:
1. Another boarding house was submitted for Chiswick Street	There are no restrictions how many boarding houses can coexist in an area and each application is assessed separately and independently of other applications.
2. Precedent of DA opposite a primary school being refused earlier	It is not clear which application this is referring to but each application is assessed independently of other applications irrespective of the fact that the site is opposite a school or not.
3. Significant social and amenity risks	No evidence has been submitted to suggest that this boarding house will have a negative impact on the amenity of the locality. Furthermore, the development application was referred to the Crime Prevention Officer (Auburn Police Area Command) for comments who raised no issues with the application and have provided conditions which have been imposed on the consent.
4. Boarding House is redundant, unnecessary and inappropriate for Auburn	Boarding houses are a permissible form of development under the ALEP 2010 and the State Environmental Planning Policy (Affordable Rental Housing) 2009.
5. None of the boarding house residents will have ownership/equity	The minimum stay is 3 months, however residents may choose to stay much longer than that and be part of the larger community.
6. Maximum allowable distance to the railway station	The required distance to public transport is only required for sites in R2 – Low Density zones. The subject site is zoned R3 – Medium Density Zone.
7. Gross over-development (site coverage, number of occupants/density)	A boarding house is a permissible form of development and the size of the development is considered to be acceptable in this instance. The development complies with Council’s controls (FSR, height and setbacks) which guides the size of the development. The development also provides for wide side setbacks and a front setback compatible to the area. There are no restrictions in regards to number of occupants/density in a R3 zone.
8. Occupancy by questionable/dishonest criminal types	The boarders can be any single person or couple who require accommodation for a minimum of three months. The boarding house will be managed by an in-house manager who shall report any illegal activity to the appropriate authority.
9. Parking problems	The proposed development complies with parking requirements under the ARH SEPP.
10. Garbage disposal/ street pickup/ returned bins	The application has been assessed by Council’s Waste Management Team and they have found the method of waste disposal satisfactory. The boarding house includes an enclosed waste storage area which will house all the required bins. The manager will be responsible to take the bins out on bin day and return them after.
11. Maintenance of building and grounds	There is boarding house manager responsible for the upkeep of the building and keeping residents responsible in complying with the House Rules. The Plan of Management mentions that a weekly cleaner will be employed to aid in this matter.
12. External noise/ social gatherings	An acoustic report was submitted which outlined any noise emissions from car park and use of the site as a Boarding House. A condition of consent will be imposed to ensure compliance with the acoustic reports. The House Rules (part of Plan of Management) are also conditioned which limits the communal area and outdoor areas to be used between the hours of 7am and 10pm.
13. Uncontrolled subletting	The operation of Boarding houses is managed by the Boarding Houses Regulation 2013. A Plan of Management was submitted with the application which shall form part of a condition of consent. All residents are required to sign an occupancy agreement that they will abide by house rules and by in requirements listed in Boarding Houses Regulation 2013. There is also a boarding house manager that lives on the premises to ensure compliance.
14. Close proximity to school and child care centre	There are no restrictions in regards to boarding houses and proximity to schools or child care centres.

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

In view of the foregoing analysis it is considered that the development, if carried out subject to the conditions set out in the recommendation below, will have no significant adverse impacts on the public interest.

Section 7.11 (Formerly S94) 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.

Comments:

The development requires the payment of contributions in accordance with Council’s Section 94 Contributions Plans.

As at 30 September 2019, the fee payable is $100,638.32. This figure is subject to indexation as per the relevant plan. The draft determination attached includes a condition requiring payment of the contribution prior to issue of a Construction Certificate.

Disclosure of Political Donations and Gifts

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

Conclusion:

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy (Affordable Rental Housing) 2009, Auburn LEP and Auburn DCP and is considered to be satisfactory for approval subject to conditions.

The proposed development is appropriately located within the R3 Medium Density Zone under the relevant provisions of the Auburn LEP 2010. The proposal is consistent with all statutory and non-statutory controls applying to the development. The development is considered to perform adequately in terms of its relationship to its surrounding built and natural environment, particularly having regard to impacts on adjoining properties.

Consultation:

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

Financial Implications:

There are no 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 No. DA-251/2019 for demolition of existing structures and construction of a 2 storey boarding house comprising 33 single rooms, 2 double rooms, 1 managers room and 1 communal room over basement level car parking for 20 vehicles on land at 45-47 Susan Street, AUBURN NSW 2144 be approved subject to attached conditions listed in the attached schedule.

2. Persons whom have lodged a submission in respect to the application be notified of the determination of the application.

Attachments

1. Draft Notice of Determination

2. Architectural Plans

3. Submissions Received

4. Plan of Management

5. Landscape Plans

6. Stormwater Plans

Extraordinary Cumberland Local Planning Panel Meeting

5 November 2019

Item No: LPP069/19

Wentworthville Town Centre Planning Proposal and Development Control Plan

Responsible Division: Environment & Planning

Officer: Executive Manager Environment and Precincts

File Number: SC661

Proponent	Cumberland Council
Site	Wentworthville Town Centre
Zoning	Zoning: B2 Local Centre; RE1 Public Recreation Height: 10m - 23m FSR: 1.5:1 - 2.4:1
Proposal	Zoning: No change Height: 11m - 58m FSR: 2.2:1 - 6:1
Initial report to Panel	13 July 2016 (C008/16)
Initial report to Council	3 August 2016 (063/16)
Gateway Determination	Original 25 May 2018 Revised 7 May 2019
Update report to Council	5 July 2017 (108/17) 19 December 2018 (C12/18-264)
Heritage	Yes, there are a small number of local heritage items in Wentworthville town centre
Disclosure of political donations and gifts	Nil

Summary:

The purpose of this report is to provide the Cumberland Local Planning Panel (CLPP) with an update on the Wentworthville Town Centre planning proposal and draft Development Control Plan. This includes work undertaken to date, the outcomes of community consultation, refinement of planning controls and next steps for the initiative.

Report:

Background

Council has undertaken planning work on the Wentworthville Town Centre for a number of years. The primary focus of this work is to support the revitalisation of the town centre through changes in planning controls and precinct based planning activities, such as public domain and local transport infrastructure. This approach provides a holistic framework for growth and change of this centre, aligned with strategic planning for the broader Cumberland area, such as Cumberland 2030: Our Local Strategic Planning Statement.

A chronology on the work undertaken on the planning controls for the Wentworthville Town Centre is provided in Table 1. Further background information from previous Council and Panel reports is provided in Attachment 7, 8, 9 and 10.

*Date*	*Milestone*
December 2013	Acceptance of grant funding from the Department of Planning & Infrastructure to undertake the Wentworthville Centre Revitalisation Planning Project.
June - July 2014	Stage 1 - Community Engagement completed
February - July 2015	Stage 2 - Completion of expert urban design, economics and feasibility and traffic and transport studies
September - October 2015	Stage 3 - Wentworthville Planning and Place Making Strategy - Exhibition and Community Consultation.
July 2016	Report to CIHAP - Wentworthville Planning and Place Making Strategy and Planning proposal Request
August 2016	Report to Council - Wentworthville Planning and Place Making Strategy and Planning proposal Request
July 2017	Report to Council to defer reclassification of Public Land
November 2017	Planning proposal submitted to DPIE
January 2018	Updated Planning proposal is prepared with supplementary information lodged January 2018 in response to DPIE request for information
May 2018	Gateway Determination received
December 2018	Report to Council on proposed full bypass
April 2019	Revised planning proposal submitted to DPIE
May 2019	Revised Gateway Determination received
May - July 2019	Public exhibition of draft planning proposal and draft Development Control Plan
November 2019	Report to CLPP on outcomes of the community consultation and recommended planning controls
December 2019	Report to Council on Wentworthville Town Centre planning controls

Table 1: Chronology of planning work for Wentworthville Town Centre

Panel Report 13 July 2016

Planning work on the Wentworthville Town Centre was considered by the then Cumberland Independent Hearing and Assessment Panel on 13 July 2016. The items and status are provided in Table 2.

Panel Advice	Status
1. Receive and note the report and the review of the submissions made as part of the community consultation.	Received and noted by CIHAP 13 July 2016.
2. Recommend that the Wentworthville Planning and Place Making Strategy be amended as follows: a) The Strategy’s bike path diagram to be amended to indicate existing Lytton Street Park bike path. b) To amend building heights and setbacks for B2 local centre zoned land on Pritchard Street East and Station Street adjacent to R2 low density residential under both built form options to: § Increase the rear setback for properties on Pritchard Street East (southern side) to 8m. § Reduce the front setback for properties on Pritchard Street East (southern side) to 6m. § Reduce the maximum height of buildings for all B2 zoned land on Pritchard Street East and Station Street, adjacent to the R2 zone to 6 storeys at the street and 4 storeys at the rear. c) That the proposed building height and FSR for 79-81 Dunmore Street under built form Option 2 be amended as follows: § A building height of 12/13 storeys on the Cumberland Highway/Dunmore Street corner of the site lowering to 5 storeys on the western setback in order to provide a built form transition. § An FSR of 4:1. § That the floorspace bonus for shared value uplift is applicable to 79-81 Dunmore Street. § That the commercial floorspace bonus is applicable to 79-81 Dunmore Street.	The Wentworthville Planning and Place Making Strategy was updated to address this recommendation.
3. Recommend the preparation of a planning proposal, consistent with the Wentworthville Planning and Place Making Strategy (as amended) for gateway submission and community consultation, excluding 108 Station Street and 42-44 Dunmore Street.	The planning proposal has been prepared, a Gateway Determination issued and public exhibition undertaken.
4. Recommend based on community feedback, feasibility and infrastructure funding, that built form Option Two form the basis of the planning proposal – maintaining a predominant mid-rise height across the Centre with strategically placed towers of 12-18 storeys in height.	The planning proposal implements built form identified in Option Two of the Strategy.
5. Recommend that in addition to the FSR bonuses detailed in the Strategy, where design excellence is achieved on sites permitted to a height of 17/18 storeys, an additional FSR of 0.5:1 is available.	The planning proposal contains FSR bonus where design excellence is achieved.
6. Recommend that land forming The Kingsway Carpark, Dunmore Street and Garfield Street Carpark and the Library, Community Centre and Redgum Centre be reclassified from ‘community’ to ‘operational’.	Council resolved defer the reclassifications, pending the preparation of a Property and Facilities Strategy.
7. Recommend an updated Section 94 Contributions plan be prepared that is consistent with the Strategy.	The draft Cumberland Local Infrastructure Contributions Plan was endorsed by Council in September 2019, and identifies works relevant to the Wentworthville Town Centre.
8. Recommend a revised Development Control Plan be prepared that is consistent with the Strategy.	The draft Development Control Plan for Wentworthville Town Centre has been prepared, and is consistent with the Strategy.
9. Recommend provisions for green walls and landscaping on structures to be implemented through the revised Development Control Plan for the Centre.	Part 8 of the draft Development Control Plan contains provisions for green walls and landscaping on structures.
10. Recommend provisions for safety by design, in accordance with the recommendations of the safety audit to be implemented through the revised Development Control Plan for the Centre.	Part 9 of the draft Development Control Plan contains provisions to address safety by design.
11. Recommend that a value sharing policy, applicable to sites that have incentives to achieve heights greater than 8 storeys, be prepared in conjunction with the updated Section 94 Contributions Plan.	Value sharing is included in Council’s Planning Agreements Policy, which is applicable to the Wentworthville Town Centre.
12. Recommend that this matter is progressed to be considered by Council, seeking a resolution for the adoption of the recommendations contained in this report.	This matter was reported to, and endorsed by Council at its meeting on 3 August 2016.
13. Recommend that Council liaise with the City of Parramatta over the planning proposal	Council has liaised with the City of Parramatta at various times over the planning proposal.
14. Recommend that Council develop a design excellence policy to compliment the Strategy.	Council has adopted a Design Excellence Policy across the Cumberland area, including the Wentworthville Town Centre.

Table 2: Status of items following Panel meeting in July 2016

Council Report 3 August 2016

The resolution of the Panel was considered by Council on 3 August 2016. Council considered the Panel’s advice at its meeting of and resolved, amongst other things, to support the Panel’s recommendation and report back to the Panel following post-Gateway public consultation. It is noted that Council adopted built form Option 2 as the basis of the planning proposal, subject to height and FSR amendments and new bonus provisions for design excellence and commercial floor space at first floor. The items and status are provided in Table 3.

Council Resolution	Status
1. To receive the minutes of CIHAP report C008/16 and adopt the recommendations as resolved by CIHAP.	Adopted by Council on 3 August 2016
2. To adopt the Wentworthville Planning and Place Making Strategy, as amended.	The Wentworthville Planning and Place Making Strategy” was adopted by Council on 3 August 2016
3. To undertake community consultation for the Planning proposal as detailed in report C008/16, in addition to the requirements of the gateway determination and to exhibit new or revised supporting plans and policies for Wentworthville Centre being a revised Development Control Plan, revised Section 94 Development Contributions Plan, a Value Capture Policy and Design Excellence Policy.	Community consultation on the planning proposal was undertaken between May and July 2019.
4. Report the results of the community consultation and post consultation review to CIHAP and Council.	Report to CLPP in November 2019 and Council in December 2019.

Table 3: Status of items following Council meeting in August 2016

Council Report 5 July 2017

A report was considered by Council on the reclassification of the Kingsway Carpark Site and the Lane Street Community Facilities as part of the Wentworthville Town Centre planning proposal on 5 July 2017. The items and status are provided in Table 4.

Council Resolution	Status
1. Defer the reclassification of the Kingsway Car Park Site and the Lane Street Community Facilities site to ‘operational’ pending the preparation of a Property and Facilities Strategy for the Wentworthville Town Centre.	A Property Strategy is currently being prepared. A Community Facilities Strategy has been adopted by Council, and includes information on Wentworthville Town Centre.
2. Proceed with the Wentworthville Town Centre Planning proposal as per Council’s resolution of 3 August 2016, excluding any reclassification of land.	Planning proposal does not seek to reclassification any land within the Wentworthville Town Centre to ‘operational land’.
3. That the Property and Facilities Strategy be reported to Council for adoption prior to preparation of a Planning proposal to reclassify the subject sites	Noted. Refer to status of Items 1 and 2.

Table 4: Status of items following Council meeting in July 2017

Council Report 19 December 2018

On 19 December 2018, Council considered a report on the land that would be required to implement the full Wentworthville Bypass that was identified as an option in the Wentworthville Centre Planning and Place Making Strategy. The items and status are provided in Table 5.

Council Resolution	Status
1. Proceed with the acquisition of the 6 lots required (48-50 Station Street and 53 Station Street, Wentworthville) to facilitate the full bypass option as outlined in this report;	The six lots have been identified in the draft planning proposal for acquisition. The properties have been zoned SP2 Infrastructure and identified on the Land Reservation Acquisition Map.
2. Amend the Wentworthville Centre Planning proposal to include the properties required to implement the full bypass option on the Land Reservation Acquisition Map and Zoning Map;	The Land Reservation Acquisition Map and Zoning Map have been amended to identify these properties for acquisition.
3. Amend the draft Wentworthville Centre DCP to reflect the full bypass option, prior to public exhibition; and	The draft Development Control Plan has been amended to respond to the acquisition of these properties.
4. Progress the full bypass option in the draft Wentworthville Public Domain Plan.	The draft Wentworthville Public Domain Plan has been amended to address the acquisition of these properties.

Table 5: Status of items following Council meeting in December 2018

Community Consultation

A draft planning proposal and precinct specific Development Control Plan was prepared by Council officers in accordance with advice from the Panel and resolutions by Council. A revised Gateway Determination for the planning proposal was received in May 2019.

The planning controls were exhibited for a period of eight weeks, from 22 May 2019 to 21 July 2019. Exhibition material was made publicly available in electronic form on Council’s website, and in hard copy form at its customer service centres and libraries. Council also wrote directly to landowners and occupiers in and around the Centre. During the exhibition period, Council Officers held community drop in sessions at Wentworthville Library on 13 June 2019 and a public meeting at the Wentworthville Community Centre on 22 June 2019.

A number of State agencies were notified of the exhibition, including: Crown Land and Water, Office of Environment and Heritage – Floodplains, Office of Energy, Roads and Maritime Services, Sydney Trains and Transport for NSW.

Council received 35 community submission during the statutory exhibition period and no response from public authorities. Key issues raised included proposed land acquisition for bypass and laneways, site specific requests to vary planning controls, and improvements to infrastructure, traffic and parking. Further information on the submissions is provided in Attachment 4.

Post Consultation Review

Following the completion of the community consultation process, a post consultation review has been undertaken. The review considered submissions received and other items identified by Council, including land acquisition requirements for the Wentworthville road bypass, site specific requests on planning controls, placement of height controls for Station Street East / Lane Street, and provisions for laneways identified in the planning controls.

Land acquisition requirements for the Wentworthville road bypass

The exhibition of the Wentworthville Town Centre Planning proposal was the first time the landowners of 53 Station Street and 48-50 Station Street were notified that their properties had been identified for acquisition to allow Council to implement the full bypass option.

Council received a detailed submission on behalf of the landowner for 53 Station Street, objecting to the land acquisition required to implement the full bypass. The objection was based on a number of factors. These include:

· Analysis by their traffic engineers of the proposed ‘full bypass’ option indicates that the geometric road design requirements will necessitate greater land acquisition than anticipated by Council; concerns are raised as to the ability of the proposed bypass alignment to provide a safe environment for all road users; significant concerns have been as the validation, calibration and results of the traffic modelling upon which the bypass alignment has been based; there is a distinct lack of consideration of alternate options for the bypass formation and alignment.

· The valuation provided to Council for the acquisition of six properties within the town centre is inaccurate, and will likely cause a significant increase in cost to Council if the full bypass option is pursued.

· The existing consolidated land holding has an area of 2,824m² (31 – 53 Station Street). It is a significant single land holding within the town centre, capable of significant redevelopment with the incentives provided.

Based on the submission provided, further traffic analysis was undertaken by Council to confirm the need for 53 Station Street as part of the road bypass for the Wentworthville Town Centre. The analysis focused on the intersection of Station Street / Pritchard Street / New Road, with a comparison of the Council endorsed option with the retention of a staggered intersection arrangement (Figure 1).

Figure 1: Road bypass options considered

The analysis found that the travel times at the intersection are projected to be similar in 2019 and 2026; however, there would be slightly longer travel times with the staggered intersection option in 2036. It is noted that further work can be undertaken in the future that would improve the performance of this intersection, such as refinements to the intersection design and traffic signal operations.

It is now proposed that the planning proposal be amended to rezone 53 Station Street to B2 Local Centre, and the four lots that make up 53 Station Street no longer be identified on the Land Reservation Acquisition Map. This is shown in Figure 2.

Figure 2: Proposed amendment to road bypass

As Council did not receive a submission from the landowner of 48-50 Station Street, these properties will remain identified for acquisition. Importantly, the acquisition of this land for the road bypass provides a new access opportunity that would support the future growth of the Wentworthville Town Centre.

Site specific requests on planning controls

Submissions were received from selected landowners for changes to the planning controls on their sites. Further information on these submissions and Council’s response is provided in Table 6.

Site Specific Request	Council Response
55-57 Station Street and 6 Pritchard Street Seeking that a height of building control of 41 metres and a floor space ratio of 3:1 be applied to the entire site	The landowner had been invited to, and has submitted a planning proposal, which is being assessed and reported concurrently with the Wentworthville Town Centre planning proposal.
41-51 Dunmore Street and 15-22 The Kingsway Seeking to increase the FSR on the site from 4:1 to 4.5:1 and building heights from 23 metres to 25 metre on Dunmore Street and 41 to 49 metres on the Kingsway As this site is identified for design excellence bonuses, this proposed increase would result in a future built form of 27.5 metres on Dunmore Street and 53.9 metres on the Kingsway and the FSR to 5:1	The change to the floor space ratio is not matched by an equivalent change to the building height. This could lead to the development of a bulkier building than originally planned could alter the overall urban form outcome. As this is key site at the forecourt of the Wentworthville Railway Station, the request is not supported.

Site Specific Request

Council Response

55-57 Station Street and 6 Pritchard Street

Seeking that a height of building control of 41 metres and a floor space ratio of 3:1 be applied to the entire site

The landowner had been invited to, and has submitted a planning proposal, which is being assessed and reported concurrently with the Wentworthville Town Centre planning proposal.

41-51 Dunmore Street and 15-22 The Kingsway

Seeking to increase the FSR on the site from 4:1 to 4.5:1 and building heights from 23 metres to 25 metre on Dunmore Street and 41 to 49 metres on the Kingsway

As this site is identified for design excellence bonuses, this proposed increase would result in a future built form of 27.5 metres on Dunmore Street and 53.9 metres on the Kingsway and the FSR to 5:1

The change to the floor space ratio is not matched by an equivalent change to the building height. This could lead to the development of a bulkier building than originally planned could alter the overall urban form outcome. As this is key site at the forecourt of the Wentworthville Railway Station, the request is not supported.

Table 6: Site specific requests for changes in planning controls

Placement of height controls for Station Street East / Lane Street

The Wentworthville Planning and Placemaking Strategy identified split building height controls for the Station Street East / Lane Street precinct. As part of the draft planning proposal and draft Development Control Plan, the maximum height was shown in the planning proposal and the split height shown in the Development Control Plan (Figure 3).

Following further consideration by Council, it is proposed that the split heights are included in the planning proposal, in order to provide greater clarity and certainty of these controls for landowners and the community. Importantly, no changes are proposed to these controls, only the placement of this information in the planning control documents.

Figure 3: Station Street East / Lane Street precinct split building heights

Provisions for laneways identified in planning controls

As part of the draft planning controls for Wentworthville Town Centre, Station Lane is to be extended to the south in order to provide alternative vehicular access for sites on Station Street (Figure 4). This would assist to support efficient traffic movement and increase pedestrian amenity by reducing the number of driveways crossing the footpath.

Council received two submissions in relation to proposed laneways that were identified as part of the draft Development Control Plan and that are to be delivered through Planning Agreements when the sites are redeveloped.

A submission on behalf of the owners of 84-96 Station Street, Wentworthville expressed support for the proposed laneways but questioned why affected properties are not proposed to be identified on the Land Reservation Acquisition Map.

A submission on behalf of the owners of 82 Station Street objected to the laneways and claimed the proposed laneways behind Station Street will sterilise the subject site and force land consolidation with adjoining property owners prevent redevelopment of the town centre.

Following further consideration by Council, no changes to be proposed laneways are recommended for the Wentworthville Town Centre. The inclusion of the proposed laneways is consistent with the strategic work undertaken at the town centre, and inclusion in the Development Control Plan provides the basis for further detailed work by all parties at the development stage.

Figure 4: Proposed laneways for town centre

Recommended Planning Controls for Wentworthville Town Centre

The recommended planning controls for the Wentworthville Town Centre are provided for consideration and advice by the Panel.

The recommended planning proposal is provided is summarised in Table 7 and provided in Attachment 1. The planning proposal includes controls related to building height, density and land acquisition. No changes to current zoning controls are proposed. The controls outlined in the planning proposal are forecast to provide for a total of 2,500 dwellings within the Wentworthville Town Centre, and include of 1,800 dwellings when compared to current planning controls.

Criteria	Recommended Planning Proposal
Height – predominant	8 storeys
Height – core of centre	6 towers of 12-13 storeys; 3 towers of 17-18 storeys
Height – Dunmore Street (South)	6 storeys (23m) height zone
Height – transition	5 storeys (20m)
FSR – core of centre	3:1 – 4.5:1+
FSR – fringe of centre	2.2:1 – 3:1
FSR –bonus – commercial floor space	0.5:1 – for towers providing 1^st floor commercial
Built form - general	5 storey street wall
Land acquisition	Selected locations in town centre

Table 7: Recommended controls of Wentworthville Town Centre planning proposal

The recommended Development Control Plan for the Wentworthville Town Centre is the same that was exhibited, except for the split height provisions for Station Street East / Lane Street precinct that have been moved into the planning proposal for inclusion in the mapping for the Local Environmental Plan. Minor editorial changes have also been included on the details for the road bypass route in the town centre.

Next Steps

The recommended planning proposal and precinct based development control plan is provided to the Panel for consideration. The advice provided by the Panel will inform a future Council report on the planning controls for the Wentworthville Town Centre.

Conclusion:

Financial Implications:

The land acquisition maps identified in the planning proposal will have a financial implication for Council if the proposal proceeds to finalisation.

Policy Implications:

The planning proposal will result in an amendment to the Holroyd LEP 2013, subject to Council endorsement to proceed to finalisation.

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 it is recommended that the Cumberland Local Planning Panel:

1. Note the outcomes of community consultation and the post consultation review

2. Provide advice on the recommended planning controls for the Wentworthville Town Centre

Attachments

1. Recommended planning controls on planning proposal for Wentworthville Town Centre

2. Planning Proposal for Wentworthville Town Centre

3. Development control plan for Wentworthville Town Centre

4. Summary of community submissions

5. Revised Gateway Determination

6. Revised Wentworthville Planning and Placemaking Strategy

7. Panel report and minutes 13 July 2016

8. Council report and minutes 3 August 2016

9. Council report and minutes 5 July 2017

10. Council report and minutes 19 December 2018

Extraordinary Cumberland Local Planning Panel Meeting

5 November 2019

Item No: LPP070/19

Planning Proposal Request for 55-57 Station Street and 6 Pritchard Street East, Wentworthville

Responsible Division: Environment & Planning

Officer: Executive Manager Environment and Precincts

File Number: SC531

Lodged	2 September 2019
Proponent	Nucorp Construction Pty Ltd
Description of Land	55-57 Station Street (Lots 1A, 2B and 2C of DP 305764) and 6 Pritchard Street East (Lots 1 to 6 of SP 19949)
Site Area	Approximately 2,759m²
Site Description and Existing Use	The site is located within the Wentworthville Town Centre (south of the railway line) on the corner of Pritchard Street East and Station Street. The site has been consolidated to make a single development parcel. 55-57 Station Street was originally a service station, but recently had been operating as an automotive repair shop (now closed) and convenience store (facing Station Street). 6 Pritchard Street is a standalone retail premise that faced Pritchard Street East and housed a video store (now closed).
Proposal Summary	The amended Planning Proposal Request seeks an amendment to the Holroyd Local Environmental Plan 2013 (Holroyd LEP 2013) to: · Amend the existing floor space ratio (FSR) control for the site from 2:1 and 2.2:1 to 3:1. · Amend the existing maximum height of building (HoB) control for the site from (10m and 17m) and 20m to (17m and 23m) to 41m. · Amend Schedule 1 – Additional Permitted Uses to introduce a 100m² ‘Gymnasium’ at the ground floor of the proposed mixed use development for use by residential tenants. The amended proposal further includes a letter of offer of proposed public benefit.
Existing and Proposed Planning Controls	Planning Controls (Holroyd LEP 2013)	Existing controls	Council’s draft Went Wentworthville Town Centre PP controls	Proposed controls (Amended proposal)
	Zoning	N/A (Currently B2 Local Centre zone)	N/A (No change proposed to existing zoning)	N/A (No change proposed to existing zoning)
	Maximum Height of Building (HoB)	(10m and 17m) and 20m	(17m and 23m) and 30m	(17m and 23m) and 41m
	Floor Space Ratio (FSR)	2:1 and 2.2:1	2.2:1 and 2.5:1	3:1
	Additional Permitted Use (APU)	-	-	Introduces 100m² Gymnasium use to the ground floor of the proposed development for use by residential tenants only.
Design Excellence provisions	Design Excellence	Does not apply.	Does not apply.	Does not apply.
Heritage		Nil. However, the site is located within close proximity of a locally significant heritage item that is currently identified under the Holroyd LEP 2013.
Disclosure of political donations and gifts		Nil.
Previous considerations		Nil.
Pre-lodgement meetings		On 26 November 2018, the proponent lodged a planning proposal request for the site. Following preliminary consultation and further assessment of the proposal, Council requested the proponent to revise the original proposal request due to significant built form inconsistencies with Council’s draft Wentworthville Centre Planning Proposal. Council had further meetings with the proponent in May 2019, on 7 June 2019 and 11 July 2019 to discuss the amended proposal prior to its formal lodgement for assessment.

Summary:

This report seeks to provide an overview of an amended Planning Proposal Request (PPR) submitted to Cumberland Council on 2 September 2019 (refer to Attachment 1 of this report). The proponent chose to amend the PPR at Council’s request due to the significant inconsistency that the original PPR had with the proposed built form controls of the draft Wentworthville Town Centre Planning Proposal.

The amended PPR seeks to amend the Holroyd Local Environmental Plan 2013 (HLEP 2013) by:

· Amending the floor space ratio (FSR) control for the site from 2:1 and 2.2:1 to 3:1; and

· Amending the maximum height of building (HoB) control of the site from 10m, 17m and 20m to 17m and 23m (6 Pritchard Street East) and 41m (55-57 Station Street).

· Insert additional provisions into Schedule 1 - Additional Permitted Uses to permit development on the site for the purpose of a ground floor 100m2 Gymnasium (gym) for use by residential tenants only.

The status of the amended PPR is outlined in Figure 1.

Figure 1: Planning Proposal Request Status

Report:

The Site And Its Context

The site is located within the Wentworthville Town Centre, on the corner of Station Street and Pritchard Street East. The site has a frontage of approximately 60m to Pritchard Street East and 46m to Station Street.

The site has been consolidated to make a single development parcel. 55-57 Station Street was originally a service station, but had been operating as an automotive repair shop (now closed) and convenience store (facing Station Street). 6 Pritchard Street is a standalone retail premise that faces Pritchard Street East and housed a video store (now closed).

Figure 2: The Site

Local Context

The site is located approximately 250m from Wentworthville Railway Station (approximately 3-5 minutes walking distance), and is well serviced public bus transport services.

The site adjoins Friend Park to the south, and is located approximately 100 metres walking distance from the St Andrews Presbyterian Church and a low density residential area facing McKern Street. This residential area predominantly includes 1960s style single storey brick and weather board dwellings.

Regional Context

The site is located in the suburb of Wentworthville within the Local Government Area of Cumberland Council approximately 2km west of Parramatta Central Business District (CBD) and 27km west of the Sydney CBD.

The site is further located approximately 800m west of the Westmead health and education precinct which is considered as one of the largest health precincts in New South Wales.

The site is well served by road infrastructure by the Cumberland Highway to the west, the Great Western Highway and M4 Motorway to the south.

Planning Controls (Holroyd LEP 2013)

Current Planning Controls

Holroyd LEP 2013 applies to the site. The site is currently zoned B2 Local Centre with an FSR of 2:1 and 2.2:1 and Maximum Height of Building control of 10m, 17m and 20m apply across the site.

Figure 3: Existing Land Zoning (LZN) Map

Figure 4: Existing Floor Space Ratio (FSR) Map

Figure 5: Existing Maximum Height of Buildings (HoB) Map

Draft Wentworthville Centre Planning Proposal

In 2013, the former Holroyd City Council was successful in achieving grant funding under the NSW Government’s Planning Reform Fund Program to facilitate the urban renewal and economic revitalisation of the Centre and to provide the planning framework to deliver redevelopment in this area.

In 2015, the Wentworthville Planning and Place Making Strategy (the Strategy) was prepared. The Strategy’s vision was to create a progressive, colourful, vibrant and engaging local centre that is comfortable and well connected to the surrounding area and facilities. The Strategy recommended a range of urban design and new planning controls including increases to building height and floor space ratios (FSRs) and the introduction of new bonus provisions within the Centre.

In August 2016, Council endorsed the Cumberland Independent Hearing and Assessment Panel’s (IHAP) recommendations to adopt the draft Strategy and prepare a planning proposal to implement the recommended built form controls of the Strategy.

Council prepared a draft planning proposal for Wentworthville Centre and a Gateway Determination was issued on 25 May 2018. The draft planning proposal was publicly exhibited for a two month period from 22 May 2019 until Sunday 21 July 2019. An extended exhibition period was also considered till Monday 29 July 2019 to allow for late submissions.

The draft Wentworthville Centre Planning Proposal proposes an FSR of 2.2:1 and 2.5:1 and height of building controls of 17m, 23m and 30m to be applied to the site.

Figure 6: Draft Wentworthville Town Centre Floor Space Ratio (FSR) Map

Figure 7: Draft Wentworthville Town Centre Maximum Height of Buildings (HoB) Map

Original Planning Proposal Request

A PPR was lodged in November 2018 that sought to amend Holroyd Local Environmental Plan 2013 (HLEP 2013) by:

· Amending the floor space ratio (FSR) control of the site from 2:1 and 2.2:1 to 3.5:1; and

· Amending the maximum height of building (HoB) control of the site from 10m, 17m and 20m to 53m.

The proponent chose to amend the PPR at Council’s request, due to the significant inconsistency that the original PPR had with the proposed built form controls of the draft Wentworthville Town Centre planning proposal.

Proposed Planning Controls

The amended PPR (the proposal) request seeks to:

· Amend the existing maximum Floor Space Ratio (FSR) control of the site from 2:1 and 2.2:1 to 3:1.

· Amend the maximum Height of Buildings (HoB) control of the site from 10m, 17m and 20m to 17m and 23m (6 Pritchard Street East), and 41m (55-57 Station Street).

· Insert additional provisions into Schedule 1 - Additional Permitted Uses to permit development on site for the purpose of a 100m²gymnasium (gym) located at the ground floor level for use by residential tenants only.

Figure 8: Proposed Floor Space ratio (FSR)

Figure 9: Proposed Maximum Height of Buildings (HOB)

Figure 10: Proposed Additional Permitted Use (APU)

Strategic Merit Assessment

Alignment with the adopted Wentworthville Centre Planning and Place Making Strategy and draft Wentworthville Centre Planning Proposal

There is strategic merit in progress the proposal as it is not inconsistent with the draft planning controls to the Wentworthville Town Centre. This includes the following reasons:

· The increase in FSR and Building Height will offset the loss of developable land due to the dedication of 6 Pritchard Street East and 120m² land portion of 55-57 Station Street to Council. This will ensure planned dwelling yields are not reduced.

· A through site link is identified for this location in the Wentworthville Centre Planning and Place Making Strategy and Draft Wentworthville Centre Development Control Plan. The proposal secures the creation of the through site link.

· The proponent has worked with Council to reduce the scale of the indicative concept development from what was originally proposed. This has seen the FSR reduced by 0.5:1 (3.5:1 to 3:1 FSR) across the site and the proposed building height reduced by 12 metres (53m to 41m) from the original proposal request.

· The amended proposal also applies a 17m and a 23m maximum building height control for 6 Pritchard Street East which is consistent with the exhibited draft Wentworthville Centre planning proposal.

· The FSR applied is consistent with the 3:1 FSR applied for the north eastern portion of Station Street.

· The proposed building height applied is consistent with the 41m building height applied across the northern portion of Station Street located in the Wentworthville Centre core area.

There is also greater strategic merit in progressing the proposal as a standalone item concurrent with the draft planning controls for the Wentworthville Town Centre, as:

· The community would not have had opportunity to provide comment on the amended PPR as required by Cumberland Council Planning Proposals Notification Policy.

· Delay of the progression of the draft Wentworthville Centre Planning Proposal may occur should the Panel or Council not support the amended PPR.

Provide for the orderly and economic development of the land

There is strategic merit in progressing the proposal as:

· The Economic Feasibility Analysis prepared by Hill PDA to support Council’s strategy for Wentworthville Town Centre determined that it was not feasible to redevelop the site with an FSR of less than 3:1.

· The strategy also identifies the proposed site for amalgamation. The proponent has achieved this and is now seeking to redevelop the site.

Overshadowing of Friend Park

There is strategic merit in progressing the proposal to the next stage of assessment as the proponent has submitted shadow analysis that determines that any future development on the site would achieve:

· 50-90% solar access of the existing Friend Park between 12pm and 3pm during winter solstice.

· 70% solar access to the extended Friend Park between 10am and 3pm.

This analysis has also been reviewed by Council and identifies similar overshadowing impacts when compared against the draft planning controls for the Wentworthville Town Centre.

Overshadowing of other properties in the Wentworthville Town Centre

The proponent has submitted shadow analysis that determines that any future development on the site will not cast any significant shadow onto the surrounding properties that will result in the proposed built form not achieving the minimum Apartment Design Guide (ADG) requirements of 70% of solar access for a minimum of 2 hours. Therefore, there is strategic merit in progressing the proposal to Gateway.

Traffic and parking

There is strategic merit in progressing the proposal to the next phase, as:

· The site is located within walking distance to Wentworthville Railway Station that provides connecting services to Blacktown, Parramatta, Westmead, Merrylands and Sydney CBD.

· The proposal is expected to result in additional traffic generation of approximately 30 vehicles per hour during the AM peak and approximately 23 vehicles per hour during the PM peak for residential and retail/commercial uses.

· The level of traffic generation is well within typical fluctuations in background traffic volumes. It is anticipated that no external road works will be required to facilitate this amended proposal.

· The projected net change in traffic activity as a result of the proposal will not have any unacceptable traffic implications on the road network capacity.

Site contamination

The ‘Stage 1 Environmental Assessment’ prepared by Environmental Investigation Services (August 2018) for the original PPR (refer to Attachment 3 of the report) has identified that the site includes more potential to be contaminated due to the proposed site’s past land uses, and the proponent would need to undertake further detailed site investigations should the proposal proceeds to a DA stage, given the nature and type of uses proposed. This does not limit the proposal being progressed further.

Additional Permitted Use – Gymnasium

The proposed additional use is unlikely to create or result in any major issues given the size of the proposed gymnasium. Therefore, there is strategic merit in progressing the proposal.

Public benefit offer

The proponent has put forward a public benefit offer to increase the public space in this location and for embellishment works to Friend Park. The offer is consistent with Council’s Planning Agreements Policy and strategic outcomes sought for the area. Therefore, there is strategic merit in progressing the proposal to Gateway.

Consistency with the Greater Sydney Region Plan - A Metropolis of Three Cities

The Greater Sydney Region Plan identifies the Wentworthville area as a potential ‘area for urban renewal’ and states the following:

· That ‘local centres’ create a strong ‘sense of place’ within the local community, larger local centres anchored by a supermarket can form the focus of a neighbourhood. Wentworthville Centre is considered as such a local centre.

· That a ‘place based planning approach’ to the development of housing strategies will help facilitate high quality urban outcomes including the creation of walkable neighbourhoods. The Wentworthville Centre Planning and Place Making Strategy is a Council adopted strategy.

There is strategic merit in progressing the proposal to the next phase of assessment as it is generally consistent with the following planning directions of the Greater Sydney Region Plan – A Metropolis of Three Cities:

· Objective 4. Infrastructure use is optimised - The proposal provides mixed use retail and residential land uses in proximity to established infrastructure and services that is accessible to a wider population with public and railway transport.

· Objective 7. Communities are healthy, resilient and socially connected - The proposal promotes a healthy community by providing for additional housing in a walkable, culturally rich and socially cohesive and connected town centre in close proximity to recreational opportunities at Friend Park.

· Objective 10.Greater Housing Supply - The proposal contributes to approximately 90 residential units to Wentworthville’s growing population which is expected to increase significantly within the next 15 years.

· Objective 11. Housing is more diverse and affordable - The proposal provides for more diverse and affordable housing in close proximity to a large range of employment, education and services in Parramatta CBD and surrounds.

· Objective 12. Great places that bring people together - The proposal includes a place-based planning approach to facilitate the implementation of Council’s ‘place based planning controls’ adopted by the Wentworthville Centre Planning and Place Making Strategy and the proposed draft Wentworthville Centre Planning Proposal to help facilitate a high quality urban development outcome for the site and contribute to the revitalisation of the Centre. This is in keeping with the proposed strategy’s vision for the Centre, community directions, structure plan provisions such as built form and character, open space and public domain, traffic and parking, linkages and connectivity.

· Objective 14. Integrates land use and transport and creates walkable and 30 minute cities - The proposal provides opportunities for the broader Wentworthville community and residents, workers, children, seniors to access employment, education, health and other essential facilities and services within 30 minutes from the Wentworthville Town Centre.

· Objective 30. Urban tree canopy cover is increased - The proposal facilitates redevelopment of the site and increases urban tree canopy cover along Pritchard Street East and Station Street and the embellishment of Friend Park with the inclusion of communal open space within the proposed development.

Consistency with the Central City District Plan

There is strategic merit in forwarding this proposal for a Gateway Determination, as the amended proposal is generally consistent with the following Planning Priorities of the Central City District Plan:

· C1. Planning for a city supported by infrastructure - The proposal facilitates Cumberland Council with an opportunity to balance population growth with existing and planned infrastructure to maximise the efficiency of facilities and services as community benefit.

· C3. A city for people - The proposal meets this objective by providing medium to high density housing in walkable neighbourhood in close proximity to public and rail transport which appeals to a wider population.

· C4. Fostering healthy, creative, culturally rich and socially connected communities - The proposal promotes a healthy community by providing for additional housing in a walkable, culturally rich and socially connected Town Centre in close proximity to recreational opportunities at Friend Park.

· C5. Providing housing supply, choice and affordability, with access to jobs and services - The proposal provides for additional dwellings and affordable housing in close proximity to a large range of employment, education and services in Parramatta CBD and surrounds.

· C6. Creating and Renewing Great Places and Local Centres, and respecting the district’s heritage - The proposal facilitates redevelopment of an existing urban site including public and communal open space areas, presenting opportunities for social interaction and respecting local heritage. The amended proposal is generally compliant and delivers Council’s adopted Wentworthville Centre Planning and Place Making Strategy provisions and place making controls that contribute to the Centre’s rejuvenation and revitalisation.

· C9. Delivering integrated land use and transport planning and a 30-minute city - The amended proposal provides opportunities for the broader Wentworthville community and residents, workers, children, seniors to access employment, education, health and other essential facilities and services within 30 minutes from the Wentworthville Town Centre.

· C16. Increasing urban tree canopy cover and delivering Green Grid connections - The proposal facilitates redevelopment of the site and increases urban tree canopy cover along Pritchard Street East, Station Street and the embellishment of Friend Park.

· C17. Delivering high quality open space - The proposal also delivers high quality open space to extend the existing area of Friend Park (the only park located within the Wentworthville Town Centre) and achieve a through site link.

Summary of Planning Proposal Controls

A summary of the evolution of the proposed planning proposal controls to this point is provided below.

Conclusion:

It is recommended that the amended proposal be reported to Council seeking a resolution that the proposal be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination. This recommendation is being made as:

· The proposal provides for the orderly and economic development of the land.

· The proposal supports strategic outcomes for the Wentworthville Town Centre, including increased public space and embellishment of Friend Park.

· The proposal is generally consistent with the strategic directions set by the Central City District Plan and the Greater Sydney Region Plan.

Consultation:

Initial Planning Proposal Request

The initial Planning Proposal Request was publicly exhibited for a period of 51 days from 12 December 2018 to 31 January 2019, in accordance with Council’s Planning Proposal Notification Policy. Council considered a longer exhibition period due to the Christmas and new year holiday period. All owners and occupiers were also notified. Hardcopies of the original proposal and associated documentation were exhibited at Auburn and Merrylands customer service centres and Merrylands and Wentworthville libraries. A summary of submissions received is provided in Attachment 6.

Amended Planning Proposal Request

The amended Planning Proposal Request was placed on public exhibition for a period of 15 days from 18 September to Wednesday 2 October 2019. A shorter exhibition period was considered appropriate as the amended planning proposal addressed concerns raised by Council. All owners and occupiers were also notified. Hard copies of the amended proposal were exhibited at Auburn and Merrylands customer service centres and Merrylands and Wentworthville libraries.

In response to the exhibition, Council received four submissions objecting to the amended proposal request. A summary of submissions received is provided in Attachment 7. Key issues raised included:

· Proposed building height 41m and 3:1 FSR.

· The proposal is out of character with existing development.

· Traffic, parking and safety concerns.

· Concerns that the proposal will have solar access and amenity impacts on Friend Park and residential properties on McKern Street.

· The proposal for the Additional Permitted Use would reduce commercial uses and the active frontage at the ground floor level.

· Council should purchase land for Friend Park through development contributions.

· Issues raised in the submission do not warrant Council to consider changes to the amended proposal, as comments made in the submissions:

· Appear to have considered the proposal in isolation and do not take into consideration broader development growth that is anticipated as a result of Council’s draft planning controls for the Wentworthville Town Centre.

· Some comments are related to the whole of the town centre and not the amended proposal.

Financial Implications:

The proposal includes a public benefit offer for an increase in public space and embellishment of Friend Park. Should Council support a Gateway Determination for the amended proposal, a Voluntary Planning Agreement will be negotiated between Council and the applicant.

Policy Implications:

This report recommends that this matter be reported to Council for further consideration. Should Council resolves to forward this amended proposal request to the Department of Planning, Industry and Environment for a Gateway Determination, there will be a number of policy implications associated with the subsequent stages of the planning proposal request process. These will be outlined in subsequent Council reports.

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 Cumberland Local Planning Panel (CLPP) recommend that:

1. The Planning Proposal Request proceed to the next stage of assessment and be reported to Council seeking a resolution to forward the planning proposal to the Department of Planning, Industry and Environment for a Gateway Determination.

Attachments

1. Amended Planning Proposal Request

2. Urban Design Report

3. Letter Of Intent

4. Traffic and Parking Assessment

5. Stage 1- Environmental Site Assessment

6. Summarised Submission Table- Original Proposal

7. Summarised Submission Table (amended proposal)