10 June 2020

An electronic meeting of the Cumberland Local Planning Panel will be held at 11:30a.m. via Zoom on Wednesday, 10 June 2020.

Business as below:

Yours faithfully

Hamish McNulty

General Manager

ORDER OF BUSINESS

1.      Receipt of Apologies

2.      Confirmation of Minutes

3.      Declarations of Interest

4.      Address by invited speakers

5.      Reports:

          -        Development Applications

          -        Planning Proposals

6.      Closed Session Reports

 

 10 June 2020

CONTENTS

Report No.  Name of Report                                                                                         Page No.

Development Applications

LPP027/20... Development Application for Wyatt Park, Church Street, Lidcombe......... 23

LPP028/20... Development Application for 72 Edgar Street, Auburn............................... 69

LPP029/20... Development Application for 26 Wellington Road, South Granville...... 105

LPP030/20... Development Application for 1 Robilliard Street, Mays Hill...................... 139

LPP031/20... Development Application for Wyatt park Church Street, Lidcombe........ 289

LPP032/20... Development Application for 652 Merrylands Road, Greystanes........... 359

 

 

 10 June 2020

 

Item No: LPP027/20

Development Application for Wyatt Park, Church Street, Lidcombe

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA2019/0524  

 

 

1.      Development Application No. DA2019/0524 was received on 23 December 2019 for the addition of a store room to the existing netball clubhouse in Wyatt Park.

2.      The application was publicly notified to occupants and owners of the adjoining properties for a period of fourteen (14) days between 10 March 2020 and 24 March 2020. In response, no submissions were received.

3.      The subject site is listed as a heritage item in the Auburn Local Environmental Plan 2010, being I40 which comprises park land bounded by Olympic Drive and Boorea Street, Percy Street and Church Street. The item is identified as ‘Wyatt Park, Haslams Creek, Lidcombe Pool, Lidcombe Oval, Stormwater Drain’ and is of local significance. The proposed development will have minimal impact on the heritage item and is considered satisfactory, having regard to the provisions of Clause 5.10(4) of the Auburn Local Environmental Plan 2010.

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

5.      The application is referred to the Cumberland Local Planning Panel for determination as the development is proposed on land for which Council is the landowner, resulting in a conflict of interest.

Subject Site and Surrounding Area

The subject site comprises Lot 2 in DP 581438 and has a total area of 4,582m2. Improvements on the site include an existing single storey brick and tile building, with an attached awning, which is used as a Netball Clubhouse, in association with the adjoining netball courts to the east of the building. There is a small group of trees the south of the existing building and a larger group of trees within the southern-most portion of the site. Other improvements include picnic shelters and car parking.

It is noted that the northern corner of the existing Netball Clubhouse building is also partially located on Lot 1 in DP 581438, however, no works are proposed on this lot as part of this application.

Figure 1:   Aerial view of subject site - Lot 2 DP 581438 outlined red and the existing Netball Clubhouse building shaded blue

Lot 2 DP 581438 forms part of a larger landholding (including Lot 1 DP 581438), bound by Olympic Drive, Church Street, Boorea Street and Percy Street which comprises Wyatt Park. The total area of Wyatt Park is 216,352m2 and Lot 2 DP 581438 is situated in the north-western portion of the park. Other features within Wyatt Park include:

·        Lidcombe Oval;

·        PCYC Auburn building;

·        Auburn Youth Centre;

·        Netball Courts;

·        Auburn Basketball Centre; and

·        Auburn Ruth Everuss Aquatic Centre.

The park is utilised for a range of passive and active recreation uses.

 

Figure 2:   Locality Plan of subject site in relation to Wyatt Park - Wyatt Park outlined in green and location of the Netball Clubhouse building denoted by yellow circle

Description of the Proposed Development

Council has received a development application seeking consent for the construction of a store room addition to the western-most southern elevation of the existing Netball Clubhouse building situated adjacent to Lidcombe Oval. The storeroom addition is proposed in an area clear of vegetation.

The proposed storeroom comprises a total floor area of 21.07m2 and has the dimensions of 6.11m x 3.45m. The storeroom construction does not involve any demolition works to the existing building; the storeroom is proposed to abut the existing wall of the building and be fully enclosed, with the exception of a roller door for access along the eastern elevation of the addition. The storeroom will be covered by an extension to the existing roof of the building.

The proposed addition is to be constructed of painted brickwork to match the existing building and roof tiles to match the existing roof. Gable detail will also be provided to the new roof, to match the existing roof form.

Figure 3:   Proposed Addition (Graham Bakewell)

Applicants Supporting Statement

 

The applicant has provided a Statement of Environmental Effects prepared by Graham Bakewell Architect dated June 2019 and was received by Council on 23 December 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.

 

External Referrals

 

The application was not required to be referred to any external government authorities for comment.

 

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.

 

Figure 4 – SEPP 55 Compliance Table

 

 

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

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

Clause 85 – Development adjacent to railway corridors

The site is adjacent to an existing rail corridor and the development has been assessed against the provisions of Clause 85(1). The development is not likely to have an adverse effect on rail safety, given the distance of the building works to the corridor and the fact that the works are minor in nature. Further, the development does not involve the placing of a metal finish, will not involve the use of a crane in airspace above the rail corridor and is not located within 5 metres of an exposed overhead electricity powerline that is used for the purpose of railways or rail infrastructure facilities.

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

The proposed development does not involve any excavation works to a depth of 2 metres and the provisions of Clause 86 are therefore not applicable.

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

The proposed development is not for the purpose of residential accommodation, a place of public worship, a hospital or an educational establishment or centre-based child care facility and the provisions of Clause 87 are therefore not applicable.

Clause 101 – Frontage to classified road

The development does not maintain a frontage to a classified road and the provisions of Clause 101 of the ISEPP are therefore not applicable.

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

The application is not subject to clause 102 of the ISEPP.

Clause 104 – Traffic generation developments

The development is not traffic generating development, pursuant to the provisions of Schedule 3 of the ISEPP and Clause 104 is therefore not applicable.

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 Auburn Local Environmental Plan 2010 (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 RE1 Public Recreation land use zone.

(a)     Permissibility:-

The proposed development comprises additions to the existing Netball Clubhouse building which is ancillary to the dominant use of the site as a recreation facility (outdoor):

Recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).

The development is therefore permissible with consent in the RE1 land use zone.

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

Figure 5 – Auburn LEP 2010 Compliance Table

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

(a)     Draft Cumberland Local Environmental Plan 2020

The Draft Cumberland Local Environmental Plan 2020 (Draft CLEP) has been prepared by Cumberland City Council to provide a single planning framework for the future planning of Cumberland City. The changes proposed seek to harmonise and repeal the three existing LEPs currently applicable to the Cumberland local government area, those being:

·        Holroyd Local Environmental Plan 2013;

·        Parramatta Local Environmental Plan 2011; and

·        Auburn Local Environmental Plan 2010.

The current planning controls for the subject site, as contained within the ALEP 2010, are not proposed to change under the Draft CLEP.

(b)     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 Development Control Plan 2010 (ADCP 2010) provides guidance for the design and operation of development to achieve the aims and objectives of the ALEP 2010.

The following parts of the ADCP 2010 are applicable to the proposed development:

·        Parking and Loading;

·        Access and Mobility;

·        Stormwater Drainage;

·        Waste.

A comprehensive assessment and compliance table is contained in Attachment 4.

The proposed development complies with the provisions of Council’s ADCP 2010 and is considered acceptable from an environmental planning view point.

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 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))

The development comprises a minor addition to the existing Netball Clubhouse building for the purpose of storage. The proposed works do not involve the removal of any vegetation and the development has been assessed against the heritage provisions of the ALEP 2010 and are considered to have minimal impact on the heritage item.

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 ADCP 2010, the proposal was publicly notified for a period of fourteen (14) days between 10 March 2020 and 24 March 2020. The notification generated no submissions.

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) Auburn Council Development Contributions Plan 2007

The development does not require the payment of contributions in accordance with Council’s Section 94 Contributions Plan.

Disclosure of Political Donations and Gifts

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

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, SEPP 55, ISEPP, Draft Cumberland LEP 2020, ALEP 2010 and ADCP 2010 and is considered to be satisfactory for approval, subject to conditions.

The proposed development is appropriately located within the RE1 land use zone under the relevant provisions of the ALEP 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.

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.

 

Report Recommendation: That Development Application No. DA2019/0524 for Addition of a store room to the existing netball clubhouse on land at Wyatt Park, Church Street LIDCOMBE  NSW  2141 be approved subject to attached conditions.

 

1.      Attachment 1 - Draft Notice of Determination  

2.      Attachment 2 - Architectural Plans  

3.      Attachment 3 - Heritage Impact Statement  

4.      Attachment 4  - ADCP 2010 Assessment Table   

 

Attachment 1

Attachment 1 - Draft Notice of Determination

 10 June 2020

 

 

 

 

 

 

 

 

 

Attachment 2

Attachment 2 - Architectural Plans

 10 June 2020

 

 

 

 

Attachment 3

Attachment 3 - Heritage Impact Statement

 10 June 2020

 

 

 

 

Attachment 4

Attachment 4  - ADCP 2010 Assessment Table

 10 June 2020

 10 June 2020

 

Item No: LPP028/20

Development Application for 72 Edgar Street, Auburn

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA2020/0119  

 

 

1.      Development Application No. DA2020/0119 was received on 3 March 2020 for the demolition of existing structures and associated trees. A total of three (3) onsite trees are proposed to be removed.

2.      The subject Development Application was not required to be publicly exhibited/notified in accordance with the Environmental Planning Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and Auburn Development Control Plan 2010 (Auburn DCP 2010).

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 there is a declared conflict of interest, whereby, Cumberland City Council is the owner of the subject site and is the applicant for the Development Application.

Subject Site and Surrounding Area

The site forms Lot 39 DP 8800 and is known as 72 Edgar Street, Auburn. The site comprises an area of 530.55m2 and has two street frontages, situated between the southern side of Edgar Street (primary street frontage) and the northern side of Arthur Street (secondary street frontage). The following dimensions are provided:

·        Northern and southern (street and rear) boundaries: 13.41m

·        Eastern and western (side) boundaries: 40.235m

A site inspection was carried out on 4 May 2020 and confirmed that the site consists of a single-storey residential dwelling with two (2) detached outbuildings situated within the property’s backyard. The site adjoins a single-storey residential dwelling to the east and west and is within close proximity to a public reserve located at the western end of Edgar Street called the Webbs Avenue Playing Fields. The subject site is also located approximately 200 metres east of the Duck River and is 360 metres north of the Auburn Botanic Gardens. 

Figure 1 – Locality Plan of subject site (Nearmap 2020)

Figure 2 – Subject site taken from Edgar Street

 

Figure 3 – Webb Avenue Playing Fields

Description of the Proposed Development

Council has received a development application for demolition of existing structures and the removal of associated onsite trees.

Structures to be demolished onsite include:

·        single-storey dwelling house;

·        detached outbuildings (laundry/toilet and shed). Both outbuildings are located at the rear of the subject site;

·        concrete slab;

·        three (3) onsite trees

·        rear fencing

The proposed demolition works will allow the site to be incorporated with the surrounding public reserve, forming part of the Regional Cumberland Open Space area.

Figure 4 – Demolition Plan of existing structures and removal of trees

History

Nil.

Applicants Supporting Statement

 

The applicant has provided a Statement of Environmental Effects prepared by Graham Bakewell Architect dated February 2020 and was received by Council on 3 March 2020 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

Landscape Architect/Officer

The development application was referred to Council’s Landscape Officer for comment who has advised that the proposed tree removal is satisfactory and therefore can be supported subject to recommended conditions of consent. It is noted that the existing street tree shall be protected and retained throughout the demolition works.

External Referrals

The application was not required to be referred to any external government authorities for comment.

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.

 

 

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

The subject site is zoned RE1 Public Recreation however, no bushland or reserved public open spaces are expected to be affected from the proposed of demolition works and associated tree removal.

(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.

(d)     State Environmental Planning Policy (Coastal Management) 2018

The subject site is not identified as a coastal wetland or land identified as “proximity area for coastal wetlands” or land identified as such by the Coastal Vulnerability Area Map. 

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.

Local Environmental Plans

Auburn Local Environmental Plan 2010

The provision of the Auburn Local Environmental Plan 2010 is applicable to the development proposal. It is noted that the development achieves compliance with the key statutory requirements of the Auburn Local Environmental Plan 2010 and the objectives of the RE1 Public Recreation Zone.

(a)     Permissibility/Land Use: -

The subject site is zoned RE1 Public Recreation and the proposed demolition works has been undertaken to facilitate use of the land for future public recreation and shall be incorporated with the surrounding public reserve. In this regard, the proposed development is permissible and is considered to be consistent with the zone objectives.

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

Figure 5 – Auburn LEP 2010 Compliance Table

It is noted that matters concerning Floor Space Ratio and Height of Buildings do not need to be addressed because no work is proposed. The development application is purely for demolition of buildings.

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

(a)     Draft Cumberland Local Environmental Plan 2020 (Draft CLEP)

The Draft Cumberland Local Environmental Plan 2020 (Draft CLEP) has been prepared by Cumberland Council to provide a single planning framework for the future planning of Cumberland City. The changes proposed seek to harmonise and repeal the three existing LEPs currently applicable to the Cumberland local government area, those being:

·        Holroyd Local Environmental Plan 2013,

·        Parramatta Local Environmental Plan 2011, and

·        Auburn Local Environmental Plan 2010.

The current planning controls for the subject site, as contained within the Auburn Local Environmental Plan 2010, are not proposed to change under the Draft CLEP.

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 Auburn DCP 2010.

A comprehensive assessment and compliance table is contained in Appendix A. The proposed development complies with the provisions of Council’s Auburn DCP 2010 and is considered acceptable.

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 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))

In accordance with Council’s Notification requirements contained within the Auburn Development Control Plan 2010, the development application was not required to be publicly notified.

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 does not require the payment of contributions in accordance with Council’s Section 7.11 Contributions Plans.

Disclosure of Political Donations and Gifts

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

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, Auburn Local Environmental Plan 2010 and Auburn Development Control Plan 2010 and is considered to be satisfactory for approval subject to conditions.

The proposed development is appropriately located within the RE1 Public Recreation 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.

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.

 

 

Report Recommendation: That Development Application No. DA2020/0119 for demolition of existing structures and associated trees on land at 72 Edgar Street AUBURN  NSW  2144 be approved subject to attached conditions.

 

1.      Draft Notice of Determination  

2.      Architectural Plans  

3.      Locality Map  

4.      Appendix A – Development Control Plan Assessment Table   

 

Attachment 1

Draft Notice of Determination

 10 June 2020

 

 

 

 

 

 

 

 

 

 

 

Attachment 2

Architectural Plans

 10 June 2020

Attachment 3

Locality Map

 10 June 2020

Attachment 4

Appendix A – Development Control Plan Assesment Table

 10 June 2020

 

 10 June 2020

 

Item No: LPP029/20

Development Application for 26 Wellington Road, South Granville

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA2020/0121  

 

 

1.      Development Application No. DA2020/0121 was received on 3 March 2020 for the demolition of existing structures.

2.      The application was publicly notified to occupants and owners of the adjoining properties for a period of 14 days between 13 March 2020 and 27 March 2020. In response, no 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 there is a declared conflict of interest, whereby, Cumberland City Council is the owner of the subject site and the applicant for the Development Application.

Subject Site and Surrounding Area

The site forms Lot 7 DP 7985, and is known as 26 Wellington Road, South Granville. The site comprises an area of 10116.8 m2 and the following site dimensions are provided:

·        Northern and Southern (street and rear)  boundaries; 50.29m

·        Eastern and western (side) boundaries: 201.17m  

The subject site is not affected by stormwater flooding. The site is devoid of vegetation with a few existing street trees on the footpath of Wellington Road.  The site is also located approximately 800 metres north of the Duck River and is 360 metres north of the Auburn Botanic Gardens

A site inspection was carried out on 4 March 2020 and confirmed that the site is currently occupied by a vacant single dwelling with detached shed and fencing for a chicken enclosure. The site adjoins general industrial developments to the west, recreational open space to the north and land reserved for environmental conservation to the east and south. 

Figure 1 – Locality Plan of subject site (Nearmap 2020)

Figure 2 – Subject site taken from Wellington Street

Figure 3 – Street view

Description of the Proposed Development

Council has received a development application for demolition of existing structure and removal of ancillary structures.

Structures to be demolition on site includes;

·        Dwelling house

·        The removal of internal fencing

·        Chicken enclosure

·        Shed

The proposed demolition works will allow the site to be incorporated with the surrounding public reserve forming part of the environmental conservation area.

Figure 4 - Demolition Plan of existing structures

 

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Graham Bakewell Architect dated February 2020 and was received by Council on 3 March 2020 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

 

No Internal referrals were required for the proposed matter. 

 

External Referrals

 

The application was not required to be referred to any external government authorities for comment.

 

PLANNING COMMENTS

 

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

 

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.

 

 

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

 

The subject site is zoned E2 – Environmental Conservation however, no bushland or reserved public open spaces are expected to be affected from the proposed of demolition works and associated tree removal.

 

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

i)                

The proposal does not exceed the biodiversity offsets scheme threshold. Therefore, the proposed vegetation removal is considered acceptable.

 

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.

 

Local Environmental Plans

 

Parramatta Local Environmental Plan 2011

 

The provision of the Parramatta Local Environmental Plan 2011 is applicable to the development proposal. It is noted that the development achieves compliance with the key statutory requirements of the Parramatta Local Environmental Plan 2011 and the objectives of the E2 - Environmental Conservation Zone.

 

(a)     Permissibility:-

 

The subject site is zoned E2 Environmental Conservation and the proposed demolition works has been undertaken to facilitate use of the land for future public recreation and shall be incorporated with the surrounding reserve. In this regard, the proposed development is permissible and is considered to be consistent with the zone objectives.

 

The relevant matters to be considered under Parramatta LEP 2011 and the applicable clauses for the proposed development are summarised below.

 

Figure 5 –Parramatta LEP 2013 Compliance Table

 

It is noted that matters concerning Floor Space Ratio and Height of Buildings do not need to be addressed because no work is proposed. The development application is purely for demolition of buildings.

 

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

 

(a)     Draft Cumberland Local Environmental Plan 2020 (Draft CLEP)

 

The Draft Cumberland Local Environmental Plan 2020 (Draft CLEP) has been prepared by Cumberland City Council to provide a single planning framework for the future planning of Cumberland City. The changes proposed seek to harmonise and repeal the three existing LEPs currently applicable to the Cumberland local government area, those being:

 

·   Holroyd Local Environmental Plan 2013,

·   Parramatta Local Environmental Plan 2011, and

·   Auburn Local Environmental Plan 2010.

 

The current planning controls for the subject site, as contained within the Parramatta Local Environmental Plan 2011, are not proposed to change under the Draft CLEP.

 

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

 

The Parramatta Development Control 2011 provides guidance for the design and operation of development to achieve the aims and objectives of the Parramatta Local Environmental Plan 2011

 

A comprehensive assessment and compliance table is contained in Appendix A. The proposed development complies with the provisions of Council’s Parramatta Development Control Plan 2011 and is considered acceptable.

 

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 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 Parramatta Development Control Plan 2011, the proposal was publicly notified for a period of 14 days between 13 March 2020 and 27 March 2020. No submissions were received in respect of the proposed development.

 

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 7.12 (Formerly S94a) Fixed Development Consent Levies

 

This part of the Act relates to the collection of monetary contributions from applicants for use in developing key local infrastructure.

 

Comments:

 

The development does not require the payment of contributions in accordance with Council’s Section 7.12 Contributions Plans.

 

Disclosure of Political Donations and Gifts

 

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

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011 and is considered to be satisfactory for approval subject to conditions.

The proposed development is appropriately located within the E2 Environmental Conservation under the relevant provisions of the Parramatta LEP 2011. 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.

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.

 

 

1.      Draft Notice of Determination  

2.      Architectural Plans  

3.      Locality Map  

4.      Appendix A - Development Control Plan Assessment Table   

 

Attachment 1

Draft Notice of Determination

 10 June 2020

 

 

 

 

 

 

 

 

Attachment 2

Architectural Plans

 10 June 2020

Attachment 3

Locality Map

 10 June 2020

Attachment 4

Appendix A - Development Control Plan Assessment Table

 10 June 2020

 10 June 2020

 

Item No: LPP030/20

Development Application for 1 Robilliard Street, Mays Hill

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    MOD2020/0085  

 

 

1.      Modification Application No. MOD2020/0085 was received on 20 March 2020 for the section 4.55(2) application for various modifications to approved mixed use development including addition of a substation, reconfiguration of basement car park, residential units and commercial suites, changes to external finishes and increase in height of lift overrun.

2.      The application was publicly notified to occupants and owners of the adjoining properties for a period of 14 days between 1 May 2020 and 15 May 2020. In response, no submission was received.

3.      The variations are as follows:

 

Note: Only new non-compliances have been discussed within the body of the report which are proposed under the subject modification application.

4.      The application is being reported to the Cumberland Local Planning Panel (CLPP) for determination as it is a modification to a development with more than 4 storeys to which the State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Developments applies and exceeds Council delegation in relation to the determination of modification.

5.      The application is recommended for approval subject to the conditions in the draft notice of determination held at Attachment 1.

Subject Site and Surrounding Area

The subject site forms Lot 100 in DP 1256634, which previously comprised of 5 separate allotments (Lot 109 in DP 13239, Lot B in DP 367709, Lot 12 in DP 1052755, Lot 10 in DP 1052755, and Lot 11 in DP 1052755). The site is a corner lot that is known as 1 Robilliard Street, Mays Hill. The site has an area of 3,687m2, a frontage to Robilliard Street of 50.67m to the west, and a frontage to Great Western Highway of approximately 53.1m to the north. The site is located within B6 Enterprise Corridor zone. The approved mixed use development on site is currently under construction. The existing developments adjoining the site include an existing petrol station to the west, and a mixture of single dwellings and residential flat buildings to the south and east.

 

 

 

 

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 modification application involving the following works:

Basement levels

-        Internal reconfiguration of car parking spaces;

-        Relocation of substation;

Note: original application was approved with 5 excess car parking spaces, the proposed modification application will result in the deletion of 5 car parking spaces. Refer to detailed discussions under Holroyd DCP 2013 below.

Ground floor level

-        Internal changes to approved commercial tenancies by increasing total gross leasable area by 9m² and new amenities (kitchen and WC);

-        Internal reconfiguration of units AG01, AG02 and AG03;

-        Relocation of substation on Robilliard Street; 

-        First floor to sixth floor levels

-        Internal reconfiguration of units A109 – A609;

Elevations

-        Changes to east and blank wall elevations material with CFC sheeting;

-        Removal of glass blocks in accordance with condition no. 37; and

-        Increase in lift overrun of building facing Great Western Highway from RL 62.00m to RL 62.20m (AHD).

History

Development consent DA2016/499/1 was issued by Council under delegated authority on 13 September 2017 for the demolition of existing structures; consolidation of 5 lots into 1 lot; construction of part 3 (Building B); part 7 storey (Building A) mixed use  development comprising 84 residential units; ground floor commercial space above 2 levels of basement parking accommodating 125 carparking spaces at the subject site.

Construction Certificate for DA2016/499/1 was issued on 8 August 2019 by NW Building Certification (CC No. NW17/2389).

S4.55(1A) application (DA2016/499/3) was approved by Council on 4 November 2019 to modify floor to floor heights of the ground and first floor levels.

S4.55(1A) application (MOD2019/5272) seeking approval to relocate substation, modify shop and unit layouts was withdrawn by the applicant on 5 March 2020.

S4.55(1A) application (M2016/499/2) was approved by Council on 6 March 2020 to modify location of on-site detention tank and stormwater drainage.

 

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Think Planners Pty Ltd dated 12 March 2020 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 relating to the changes proposed to the basement and OSD layouts, and therefore can be supported subject to recommended conditions of consent. The relocation of substation resulted in reconfiguration of car parking layout on 2 basement levels. Conditions imposed will result in the deletion of surplus car parking spaces on the site to ensure that sufficient aisle width will be maintained.

Building Surveyor

The development application was referred to Council’s Building Surveyor for comment who has advised that the development proposal could be supported subject to condition to obtain a Building Certificate for any works which are inconsistent with original approval and completed prior to the issue of this subject 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 in terms of the proposed waste collection, and therefore can be supported subject to recommended conditions of consent.

External Referrals

Roads and Maritime Services (RMS)

The development application was referred to RMS for comment, however there were no changes proposed along Great Western Highway or the vehicular access into the development. Therefore, RMS comments are not warranted for the subject modification application.

Endeavour Energy

The applicant has submitted documentary evidence to demonstrate that the proposal has satisfied the requirements of the energy provider. The proposal therefore can be supported subject to recommended conditions of consent.

Transgrid

The original proposal, in which consistent with the proposed modification application, was referred to Transgrid and therefore can be supported.

PLANNING COMMENTS

Section 4.55(2):

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

(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.

 

(b)     Statement Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development (SEPP 65)

SEPP 65 applies to the development as the building is 3 storeys or more, and contains more than 4 dwellings. A design statement addressing the design quality principles prescribed by SEPP 65 was prepared by the project architect. Integral to SEPP 65 is the Apartment Design Guide (ADG), which sets benchmarks for the appearance, acceptable impacts and residential amenity of the development. A revised design verification statement signed by registered architect Ziad Boumelhem (Registration No. 8008) was submitted with the s4.55(2) application.

Following a detailed assessment of the proposal against the provisions of SEPP 65 and the ADG, it is considered the proposal is generally compliant with the exception of maximum habitable room depth. This variation is discussed below:

·        Objective 4D-1

In an open plan layout where living, dining and kitchen are combined, the maximum habitable room depth is 8m to a window. The reconfiguration of units in Building A results in maximum room depth of 8.5m to the kitchen wall. The proposed non-compliance is considered acceptable, as the open plan layout has sufficient ceiling height and direct access to full room width openings. The rooms cross ventilation circulation will not be affected by the additional depth of the combined habitable room to the kitchen wall. The minor non-compliance is therefore considered acceptable.

A comprehensive assessment against SEPP 65 and the ADG is contained in Appendix A.

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

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

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

The original application was referred to Endeavour Energy and was considered satisfactory subject to the conditions imposed. The current modification for relocation of substation on the site has been also been approved by the electricity provider.

Clause 101 – Frontage to classified road

The application is subject to clause 101 of the ISEPP as the site has frontage to a classified road. The original application was assessed under the provision of this clause and was considered satisfactory subject to conditions imposed. The proposed modification does not alter the outcome of the original assessment.

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

The application is subject to clause 102 of the ISEPP as the annual average daily traffic volume is greater than 40,000 vehicles. The original application was assessed under the provision of this clause and was considered satisfactory subject to conditions imposed. The proposed modification does not alter the outcome of the original assessment.

Clause 104 – Traffic generation developments

The application is subject to clause 104 as the proposal triggers the requirements for traffic generating developments listed in Schedule 3 of the ISEPP. The original application was assessed under the provision of this clause and was considered satisfactory subject to conditions imposed. The proposed modification does not alter the outcome of the original assessment.

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

Tree removal on site has been approved in the original assessment. The proposal does not exceed the biodiversity offsets scheme threshold. Therefore, the proposed vegetation removal is considered acceptable.

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

BASIX Certificate 689230M_03 dated issued on 1 November 2016 prepared by Victor Lin & Associates Pty Ltd has been submitted with Council and is considered to be satisfactory.

Regional Environmental Plans

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

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

Note: Will be superseded once Draft SEPP Environment comes into effect.

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

Holroyd Local Environmental Plan (HLEP) 2013

The provision of the Holroyd LEP 2013 is applicable to the development proposal. It is noted that the development achieves compliance with the key statutory requirements of the Holroyd LEP 2013 and the objectives of the B6 – Enterprise Corridor zone.

 

(a)     Permissibility:-

The proposed development is defined as a ‘shop top housing’ and is permissible in the B6 – Enterprise Corridor zone with consent. The proposed modification will continue the use of the development as approved being a shop top housing.

The relevant matters to be considered under Holroyd LEP 2013 and the applicable clauses for the proposed development are summarised below. A comprehensive LEP assessment is contained in Appendix B.

Figure 4 – Holroyd LEP 2013 Compliance Table

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.

(b)     Draft Cumberland Local Environmental Plan 2020 (Draft CLEP)

The Draft Cumberland Local Environmental Plan 2020 (Draft CLEP) has been prepared by Cumberland Council to provide a single planning framework for the future planning of Cumberland City. The changes proposed seek to harmonise and repeal the three existing LEPs currently applicable to the Cumberland local government area, those being:

·        Holroyd Local Environmental Plan 2013,

·        Parramatta Local Environmental Plan 2011, and

·        Auburn Local Environmental Plan 2010.

 

The relevant planning controls for the subject site, as contained within the Holroyd Local Environment Plan, are not proposed to change under the Draft CLEP.

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

The Holroyd DCP 2013 provides guidance for the design and operation of development to achieve the aims and objectives of the DCP. A comprehensive assessment and compliance table is contained in Appendix C.

The proposed development complies with the provisions of Holroyd DCP 2013 and is considered acceptable from an environmental planning view point.

The proposed modification to reconfigure car parking spaces due to the relocation of substation will result in the imposition of conditions by Council for the deletion of five (5) approved car spaces to increase aisle width and to allow for sufficient manoeuvring area. The reduction in the numbers of car spaces will continue to comply with Holroyd DCP 2013 car parking rates, as the original application was approved with five (5) excess car parking spaces. Calculation of car parking required on the site is as follows.

Part A Holroyd DCP 2013 – Car parking rate

 

Required:

Residential - 83.2~84 spaces

Visitor – 16.8~17 spaces

Commercial (380/2) – 19 spaces

Total = 120 spaces

 

Approved (DA2016/499/1):

Residential - 88 spaces (extra 4 spaces)

Visitor – 17 spaces

Commercial  – 20 spaces (extra 1 space)

Total = 125 spaces

 

Condition to be imposed (deletion of 5 car spaces):

Residential – 84 spaces

Visitor – 17 spaces

Commercial – 19 spaces

Total = 120 spaces - Complies.

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 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 Holroyd DCP 2013, the proposal was publicly notified for a period of 14 days between 1 May 2020 and 15 May 2020. The notification generated no submissions in respect of the proposal.

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. The development requires the payment of contributions in accordance with Holroyd Section 94 Contributions Plans.

Contribution rate applies on the additional 9m² of commercial gross floor area. The fee payable is $234.00. 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 Construction Certificate.

Disclosure of Political Donations and Gifts

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

The development as modified is appropriately located within the B6 – Enterprise Corridor zone under the relevant provisions of the Holroyd LEP 2013, however variation in relation to the additional building height sought. Having regard to the assessment of the proposal from a merit perspective, Council may be satisfied that the development has been responsibly designed and provides for acceptable levels of amenity for future residents. It is considered that the proposal successfully minimises adverse impacts on the amenity of neighbouring properties. Hence the development, irrespective of the departures noted above, is consistent with the intentions of Council’s planning controls and represents a form of development contemplated by the relevant statutory and non-statutory controls applying to the land.

For these reasons, it is considered that the proposal is satisfactory having regard to the matters of consideration under Section 4.15 and 4.55 of the Environmental Planning and Assessment Act 1979, and the modified development may be approved subject to conditions.

 

Report Recommendation: That Modification Application No. MOD2020/0085 for Section 4.55(2) application for various modifications to approved mixed use development including addition of a substation, reconfiguration of basement car park, residential units and commercial suites, changes to external finishes and increase in height of lift overrun on land at 1 Robilliard Street, Mays Hill  NSW  2145 be approved subject to attached conditions.

 

1.      Draft Notice of Determination  

2.      Architectural Plans  

3.      Statement of Environmental Effects and Design Verification Statement  

4.      Original Development Consent  

5.      Appendix A - SEPP 65 Design Quality of Residential Apartment Development  

6.      Appendix B - Holroyd LEP 2013  

7.      Appendix C - Holroyd Development Control Plan   

 

Attachment 1

Draft Notice of Determination

 10 June 2020

 

 

 

Attachment 2

Architectural Plans

 10 June 2020

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 3

Statement of Environmental Effects and Design Verification Statement

 10 June 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 4

Original Development Consent

 10 June 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 5

Appendix A - SEPP 65 Design Quality of Residential Apartment Development

 10 June 2020

 

 

 

 

 

 

 

Attachment 6

Appendix B - Holroyd LEP 2013

 10 June 2020

 

 

Attachment 7

Appendix C - Holroyd Development Control Plan

 10 June 2020

 

 

 

 

 

 

 

 10 June 2020

 

Item No: LPP031/20

Development Application for Wyatt park Church Street, Lidcombe

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA2020/0154  

 

 

1.      Development Application No. DA2019/0524 was received on 12 March 2020 for the Fitout and use of a portion of the existing Police Citizens Youth Club (PCYC) as an out of school hours care facility.

2.      The application was publicly notified to occupants and owners of the adjoining properties for a period of fourteen (14) days between 6 May 2020 and 20 May 2020. In response, no submissions were received.

3.      The subject site is listed as a heritage item in the Auburn Local Environmental Plan 2010, being I40 which comprises park land bounded by Olympic Drive and Boorea Street, Percy Street and Church Street. The item is identified as ‘Wyatt Park, Haslams Creek, Lidcombe Pool, Lidcombe Oval, Stormwater Drain’ and is of local significance. The proposed development will have minimal impact on the heritage item and is considered satisfactory, having regard to the provisions of Clause 5.10(4) of the Auburn Local Environmental Plan 2010.

 

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

5.      The application is referred to the Cumberland Local Planning Panel for determination as the development is proposed on land for which Council is the landowner, resulting in a conflict of interest.

Subject Site and Surrounding Area

The subject site comprises Lots 1 and 2 in DP 581438 and has a total area in the order of 6.5 hectares. Improvements on the site include the existing PCYC building (the subject of this application), netball courts, basketball courts, oval and indoor basketball centre on Lot 1 and an existing single storey brick and tile building, with an attached awning, which is used as Netball Clubhouse on Lot 2. Other improvements across the site include picnic shelters, amenities and car parking. Car parking associated with the PCYC building is across both Lots 1 and 2.

Figure 1:   Aerial view of subject site – Lots 1 & 2 DP 581438 outlined red and the existing PCYC building shaded blue

Lots 1 and 2 in DP 581438 form part of a larger landholding, bound by Olympic Drive, Church Street, Boorea Street and Percy Street which comprises Wyatt Park. The total area of Wyatt Park is 216,352m2 and Lots 1 and 2 are situated in the north-western portion of the park. Other features within Wyatt Park include:

·        Lidcombe Oval;

·        Netball Clubhouse;

·        Auburn Youth Centre;

·        Netball Courts;

·        Auburn Basketball Centre; and

·        Auburn Ruth Everuss Aquatic Centre.

The park is utilised for a range of passive and active recreation uses.

Figure 2:   Locality Plan of subject site in relation to Wyatt Park - Wyatt Park outlined in green and location of the existing PCYC building denoted by yellow circle

 

Background

On 2 May 2014 Council granted development consent to DA2014/91, for alterations and additions to the Anne Clarke Netball Centre for purpose of a community facility for use by the Police Citizens Youth Club (PCYC). The existing PCYC building has the approved hours of operation of 6am to 11pm daily and a total of 50 off-street car parking spaces were approved for the development.

There have been two (2) subsequent modifications to DA2014/91, namely to address the preparation of food at the premises, use of public address system, car parking layout and internal alterations, including the installation of a kitchen.

The premises is currently subject to a lease agreement with Council, as delineated in the plan below. This lease is currently valid to 31 March 2036.

Figure 3:   Existing PCYC lease boundary shown hatched (extract of Draft Wyatt Park Plan of Management)

 

Description of the Proposed Development

Council has received a development application seeking consent for the use of part of the existing PCYC building as an out of school hours care facility.

The existing PCYC building comprises a community facility which provides sporting, recreation and youth support services to the community.

Consent is sought as part of this application to utilise part of the existing PCYC building for the purpose of an out of school hours care facility for a maximum of 60 children. Kidzcare, a government-subsidised after-school and vacation care program for children from Kindergarten to Year 6, inclusive, are proposing to operate from the site. The proposed out of school hours and vacation care use will utilise part of the existing PCYC building, with no works proposed as part of this application.

The existing ground floor amenities, canteen and office will be used as well as the first floor amenities and three existing rooms, as illustrated in Figure 3 below.

The proposed hours of operation are 3pm to 6pm during school term and 8.30am to 5.30pm Monday to Friday in school holiday periods. During these hours children are involved in a number of organised games and activities, including physical and creative activities in a social environment.

The facility proposes to operate a minibus service, which collects children from school of an afternoon and transports them to the out of school hours care facility, with parents then collecting children from the facility.

The minibus would drop the children off at the far side of the building and walk the children around the rear of the building to the entrance. This location was informed by a risk assessment which determined that the location of bus drop of is less congested, with minimal parked cars and is a better location for the bus to turn around safely.

Figure 4:   Proposed minibus drop off point with children to be walked around the rear of the building to the entrance (Warwick Stimson)

No signage is proposed and no vegetation removal is proposed.

Figure 5:   Proposed use of existing building – ground floor amenities, office and canteen shaded light blue, outdoor space shaded dark blue and first floor indoor play rooms shaded yellow with associated first floor amenities shaded light blue (Nimbus Architecture + Heritage)

An outdoor play area has been proposed including the existing netball court area adjacent to the building as well as a vegetated area to the west of the netball court. It is acknowledged that the vegetated area is beyond the area of the existing PCYC lease. For this reason, as well as the future plans identified for the vegetated area in Council’s Draft Wyatt Park Plan of Management (POM), the netball court area has been considered for the purpose of outdoor play area, as discussed further in this report.

 

Applicants Supporting Statement

 

The applicant has provided a Statement of Environmental Effects prepared by Stimson & Baker Planning dated January 2019 and was received by Council on 12 March 2020, 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.

 

Building Surveyor

 

The development application was referred to Council’s Building Surveyor for comment who has advised that the development proposal is satisfactory and therefore can be supported subject to recommended conditions of consent. Council’s Building Surveyor has confirmed that the existing building class does not change, i.e. it remains Class 9b.

 

Landscape

 

The development application was referred to Council’s Tree Management Officer for comment who has reviewed the proposed development having regard to the provisions of Council’s Draft Wyatt Park POM (Revision 3, 2018) and advised the following:

 

·        the current proposal conforms with the multi use compatibility objectives outlined in the draft POM, particularly in relation to the retrofitting and re-purposed use of an existing built structure.

 

·        Other relevant objectives of the POM include minimisation of fencing generally.

 

·        The Landscape Masterplan within the draft POM proposes a public play facility in the near vicinity to the proposed outdoor area. Whilst the proposed public play facility and outdoor area are compatible, dividing the space with a fence enclosure would not be a favourable outcome.

 

·        The Draft POM, Figure 7 (p.54): Existing and recently expired use and management agreements, details a Police Citizens Youth Club NSW (expires 31.03.36) lease area which does not fully coincide with the proposed outdoor area as proposed in the application. The contradiction between the proposed outdoor area and current lease area needs to be reviewed and/or rationalised.

 

Having regard to the above, as part of the assessment process, it has been deemed necessary to amend the proposed scope of the outdoor play area, to ensure that it is contained within the existing lease boundary, i.e. the netball court area. The area is identified in the Draft POM for a future public play facility. Further, the landscape comments stating that the fencing of this space would not present a favourable outcome, raises concerns with respect to the safety of children in this area, due to the proximity of the vegetated area to the existing car parking area, being in the order of 5 metres. For these reasons, it is considered appropriate to reduce the scope of the play area and a condition of consent has been recommended accordingly.

 

Figure 6:   Proposed vegetated outdoor play area shaded green and existing carparking area shaded orange, to demonstrate distance of proposed play area to carpark

Environmental Health Unit

 

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

 

 

External Referrals

 

The application was not required to be referred to any external government authorities for comment.

 

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.

 

Figure 4 – SEPP 55 Compliance Table

 

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

 

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

 

Clause 85 – Development adjacent to railway corridors

 

The site is adjacent to an existing rail corridor and the development has been assessed against the provisions of Clause 85(1). The development is not likely to have an adverse effect on rail safety; no works are proposed and the development is seeking consent for the use of part of the existing building. Further, the development does not involve the placing of a metal finish, will not involve the use of a crane in airspace above the rail corridor and is not located within 5 metres of an exposed overhead electricity powerline that is used for the purpose of railways or rail infrastructure facilities.

 

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

 

The proposed development does not involve any excavation works to a depth of 2 metres and the provisions of Clause 86 are therefore not applicable.

 

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

 

The proposed development is for the purpose of a centre-based child care facility and the provisions of Clause 87 are therefore applicable. The application has been reviewed by Council’s Environmental Health Unit (EHU) who have advised that taking into account the specifics of this proposal and the NSW Planning document Development near rail corridors and busy roads – Interim Guideline, the EHU will not be requesting a formal acoustic assessment as it is satisfied that it is unlikely that the proposed development will be adversely impacted by rail noise or vibration at this site.

 

Clause 101 – Frontage to classified road

 

The development does not maintain a frontage to a classified road and the provisions of Clause 101 of the ISEPP are therefore not applicable.

 

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

 

The application is not subject to clause 102 of the ISEPP.

 

Clause 104 – Traffic generation developments

 

The development is not traffic generating development, pursuant to the provisions of Schedule 3 of the ISEPP and Clause 104 is therefore not applicable.

 

(c)     State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 – (Education SEPP)

 

The Education SEPP sets out a new reform process for certain types of education and child care facilities to be determined under exempt and complying development that will make it easier for child-care providers, schools, TAFEs and universities to build new facilities and improve existing ones by streamlining the planning process to save time and money and deliver greater consistency across NSW.

 

Having regard to the above, the application is identified as a ‘centre based child care’ and the provisions of Part 3 of the Education SEPP are applicable to this application. In this regard, the relevant provisions of Part 3 are discussed below:

 

 

The Child Care Planning Guidelines also list matters for consideration for this development application. This development application is considered to satisfactorily address those matters listed. A full assessment table is attached in Attachment 3 to this report.

 

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 Auburn Local Environmental Plan 2010 (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 RE1 Public Recreation land use zone.

 

(a)     Permissibility:-

 

The proposed development is comprises the use of part of the existing PCYC building as a ‘centre-based child care facility’, which includes ‘out-of-school-hours care (including vacation care’:

 

centre-based child care facility means—

(a)     a building or place used for the education and care of children that provides any one or more of the following—

(i)      long day care,

(ii)     occasional child care,

(iii)    out-of-school-hours care (including vacation care),

(iv)    preschool care, or

(b)     an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),

i)                

but does not include—

 

(c)     a building or place used for home-based child care or school-based child care, or

(d)     an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or

(e)     a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

(f)      a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or

(g)     a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or

(h)     a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.

The development is therefore permissible with consent in the RE1 land use zone.

 

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

 

Auburn LEP 2010 Compliance Table

 

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

 

(a)     Draft Cumberland Local Environmental Plan 2020

 

The Draft Cumberland Local Environmental Plan 2020 (Draft CLEP) has been prepared by Cumberland City Council to provide a single planning framework for the future planning of Cumberland City. The changes proposed seek to harmonise and repeal the three existing LEPs currently applicable to the Cumberland local government area, those being:

 

·        Holroyd Local Environmental Plan 2013;

·        Parramatta Local Environmental Plan 2011; and

·        Auburn Local Environmental Plan 2010.

 

The current planning controls for the subject site, as contained within the ALEP 2010, are not proposed to change under the Draft CLEP.

 

(b)     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 Development Control Plan 2010 (ADCP 2010) provides guidance for the design and operation of development to achieve the aims and objectives of the ALEP 2010.

 

The following parts of the ADCP 2010 are applicable to the proposed development:

 

·        Child Care Centres

·        Parking and Loading; and

·        Waste.

 

Having regard to the Parking and Loading section of the ADCP 2010, the existing approved 50 car parking spaces approved under DA2014/91 are considered adequate for the following reasons:

 

The proposed use has capacity for a total of 60 children, which equates to the need for 15 car parking spaces, at a rate of 1 space per 4 children.

 

Given that the proposed use generates the requirement for 15 car parking spaces through occupying part of the approved PCYC building, the existing approved 50 car parking spaces on the site are considered acceptable for the following reasons:

 

·        the service will operate a minibus to transport children to the facility, reducing the number of vehicles attending the site between the 3pm and 6pm period;

·        parent pick up times are likely to be staggered and comprise short stays;

·        the existing basketball and gymnastics uses are the biggest programs in the afternoons. These programs do not start until after 4pm and run through past 7pm, reducing the potential for conflict with pick up from the out of school hours and vacation care use.

 

Further, the minibus operation proposes to drop the children off at the far side of the building and walk the children around the rear of the building to the entrance. This location was informed by a risk assessment which determined that the location of bus drop of is less congested, with minimal parked cars and is a better location for the bus to turn around safely.

 

A comprehensive assessment and compliance table is contained in Attachment 4.

 

The proposed development generally complies with the provisions of Council’s ADCP 2010 and is considered acceptable from an environmental planning view point.

 

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 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))

 

The development comprises the use of the existing PCYC building, with no works proposed and no vegetation removal proposed. Further, the development has been assessed against the heritage provisions of the ALEP 2010 and are not considered to impact on the heritage item.

 

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 ADCP 2010, the proposal was publicly notified for a period of fourteen (14) days between 6 May 2020 and 20 May 2020. The notification generated no submissions.

 

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

 

The proposed development provides an out of school hours and vacation care service for children and parents within the local government area, which compliments the existing community use operating from the site. 

 

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 contribute positively to 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 does not require the payment of contributions in accordance with Council’s Contributions Plan.

 

Disclosure of Political Donations and Gifts

 

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

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, SEPP 55, ISEPP, Education SEPP, Draft Cumberland LEP 2020, ALEP 2010 and ADCP 2010 and is considered to be satisfactory for approval, subject to conditions.

The proposed development is appropriately located within the RE1 land use zone under the relevant provisions of the ALEP 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.

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.

 

 

Report Recommendation: 1.      That Development Application No. DA2019/0524 for the fitout and use of a portion of the existing Police Citizens Youth Club (PCYC) as an out of school hours care facility on land at Wyatt Park, Church Street LIDCOMBE  NSW  2141 be approved subject to attached conditions.

 

1.      Draft Notice of Determination  

2.      Architectural Plans  

3.      Childcare Planning Guildelines Assessment  

4.      Auburn DCP 2010 Assessment Table   

 

Attachment 1

Draft Notice of Determination

 10 June 2020

 

 

 

 

 

Attachment 2

Architectural Plans

 10 June 2020

 

 

Attachment 3

Childcare Planning Guildelines Assessment

 10 June 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 4

Auburn DCP 2010 Assessment Table

 10 June 2020

 

 

 

 

 

 

 

 10 June 2020

 

Item No: LPP032/20

Development Application for 652 Merrylands Road, Greystanes

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA2020/011  

 

 

1.      Development Application No. DA2020/0011 was received on 13 January 2020 for the Demolition of existing structures, construction of a 2 storey attached dual occupancy with basement storage and Torrens title subdivision into 2 lots.

2.       The application was publicly notified to occupants and owners of the adjoining properties for a period of 14 days between 25 February 2020 and 10 March 2020. In response, 1 submission was received.

3.       There are no significant non-compliances with the proposed development having considered the provisions of the Holroyd Local Environmental Plan 2013 (LEP) and Holroyd Development Control Plan 2013 (DCP).

4.       The application is recommended for conditional approval via deferred commencement subject to the conditions as provided in the attached schedule.

5.       The application is referred to the Panel as the applicant and part owner of the subject site is the relative of a sitting Councillor of Cumberland City Council.

 

Subject Site and Surrounding Area

The subject site is known as 652 Merrylands Road, Greystanes and is legally defined as Lot 10, DP 221671. The site is located on the southern side of Merrylands Road within the R2 Low Density Residential Zone. The site is a regular shaped block with a frontage of 15.24 metres to Merrylands Road. The subject site has a depth of 36.575 metres along the east and west sides, and a 15.24 metre rear southern boundary. The total site area is 557.4m2 by calculation. The site currently contains a single storey dwelling house with a detached rear shed. The topography of the site is a consistent fall of approximately 1.9m from north to south. Adjoining developments to the subject site include a two storey dwelling to the east and a single storey dwelling to the west.

Figure 1 – Aerial view of subject site

Figure 2 – Street view of subject site

Figure 3 – Zoning of subject site

Figure 4 – Streetscape perspective from Merrylands Road, looking south (Source: Cad Plans Pty Ltd, 2019)

Description of the Proposed Development

Council has received a development application DA2020/0011 for “Demolition of existing structures, construction of a 2 storey attached dual occupancy with basement storage and Torrens title subdivision into 2 lots”.

The detailed breakdown of the proposal is as below:

Demolition:

·        Single storey dwelling

·        Rear detached shed

Construction:

·        Two storey attached dual occupancy

o Unit 1- Four (4) bedrooms, three (3) bathrooms, basement storage area and single car garage

o Unit 2- Four (4) bedrooms, three (3) bathrooms, basement storage area and single car garage

History

There is no applicable history of development for the subject site.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by CAD Plans Pty Ltd and was received by Council on 13 January 2020 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

The application was not required to be referred to any internal departments for comment.

External Referrals

The application was not required to be referred to any external government authorities for comment.

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)

The requirement at clause 7 of SEPP 55 for Council to be satisfied that the site is suitable or can be made suitable to accommodate the proposed development. The site is not identified in Council’s records as being contaminated. A site inspection reveals the subject site is currently used for residential purposes ad that the site does not have any obvious history of a previous land use that may have caused contamination and there is no specific evidence that indicates the site is contaminated.

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

The provisions of the Infrastructure SEPP (ISEPP) 2007 have been considered in the assessment of the development application and does not apply to this application.

 

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

 

ii)             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 (Coastal Management) 2018

The subject site is not identified as a coastal wetland or land identified as “proximity area for coastal wetlands” and/or land identified as such by the Coastal Vulnerability Area Map.     

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

BASIX Certificates No. 1062113S and No. 1062092S issued on 26 November 2019 prepared by CAD Plans Pty Ltd has been submitted with Council and is considered to be satisfactory.

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

Holroyd Local Environment Plan 2013

The provision of the Holroyd Local Environment Plan 2013 is applicable to the development proposal. It is noted that the development achieves compliance with the key statutory requirements of the Holroyd Local Environment Plan 2013 and the objectives of the R2 Low Density Residential Zone.

(a)     Permissibility:-

The proposed development is defined as a “dual occupancy” and is permissible in the R2 zone with consent.

A dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other but does not include a secondary dwelling.

The relevant matters to be considered under the HLEP 2013 and the applicable clauses for the proposed development are summarised below.

Figure 5 – Holroyd Local Environment Plan 2013 Compliance Table

A comprehensive LEP assessment is contained in Appendix 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 proposed development is not affected by any of the above Draft Environmental Planning Instruments.

(b)     Draft Cumberland Local Environmental Plan 2020 (Draft CLEP)

The Draft Cumberland Local Environmental Plan 2020 (Draft CLEP) has been prepared by Cumberland City Council to provide a single planning framework for the future planning of Cumberland City. The changes proposed seek to harmonise and repeal the three existing LEPs currently applicable to the Cumberland local government area, those being:

·        Holroyd Local Environmental Plan 2013,

·        Parramatta Local Environmental Plan 2011, and

·        Auburn Local Environmental Plan 2010.

The relevant planning controls for the subject site, as contained within the Holroyd Local Environment Plan, are not proposed to change under the Draft CLEP.

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

The Holroyd Development Control Plan 2013 provides guidance for the design and operation of development to achieve the aims and objectives of the Holroyd Local Environment Plan 2013.

The provisions of the HDCP 2013 is applicable to the development proposal. It is noted that the development achieves general compliance with the key controls of the HDCP 2013. The following Parts of the HDCP 2013 are applicable to the proposed development:

o   Part A - General Controls

o   Part B - Residential Controls

A comprehensive assessment and compliance table is contained in Appendix B.

The following table highlights non-compliances with the DCP, which relate primarily to the solar access to the main living areas of the proposed dwellings, and the variation sought is considered satisfactory on merit in this instance:

Figure 7 – Holroyd DCP 2013 Compliance Table

As indicated in the compliance table above, the proposed development departs from the Part B provisions of Council’s Holroyd DCP 2013.

The proposed development complies with the provisions of Council’s Holroyd Development Control Plan 2013 and is considered acceptable from an environmental planning view point.

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 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, the proposal was publicly notified for a period of 14 days between 25 February 2020 and 10 March 2020. The notification generated 1 submission in respect of the proposal with no disclosing a political donation or gift. The issues raised in the public submissions are summarised and commented on as follows:

Figure 7 – Submission summary table

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 10 June 2020, the fee payable is $12,413.00. 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.

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, the Holroyd DCP 2013 and Holroyd LEP 2013 and is considered to be satisfactory for deferred commencement approval subject to conditions.

The proposed development is appropriately located within the R2 Low Density Residential Zone under the relevant provisions of the Holroyd LEP 2013. The proposal is consistent with all statutory and non-statutory controls applying to the development. Minor non-compliances with Council’s controls have been discussed in the body of this report. 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.

Having regard to the assessment of the proposal from a merit perspective, Council is satisfied that the development has been responsibly designed and provides for acceptable levels of amenity for future residents. It is considered that the proposal successfully minimises adverse impacts on the amenity of neighbouring properties. Hence the development, irrespective of the departure noted above, is consistent with the intentions of Council’s planning controls and represents a form of development contemplated by the relevant statutory and non-statutory controls applying to the land.

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.

 

 

1.      Draft Notice of Determination  

2.      Architectural Plans  

3.      Submission Letter  

4.      Appendix A - Holroyd Local Environmental Plan 2013 - Compliance Assessment  

5.      Appendix B - Holroyd Development Control Plan 2013   

 

Attachment 1

Draft Notice of Determination

 10 June 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 2

Architectural Plans

 10 June 2020

 

 

 

 

 

 

 

 

Attachment 3

Submission Letter

 10 June 2020

Attachment 4

Appendix A - Holroyd Local Environmental Plan 2013 - Compliance Assessment

 10 June 2020

Attachment 5

Appendix B - Holroyd Development Control Plan 2013

 10 June 2020