Late Agenda of Cumberland Local Planning Panel Meeting

Cumberland Local Planning Panel Meeting

9 December 2020

Item No: LPP059/20

Development Application for South Western Corner of Rawson Street and Station Road, Auburn

Responsible Division: Environment & Planning

Officer: Executive Manager Development and Building

File Number: DA2020/0645

Application lodged	29 October 2020
Applicant	Claude Outdoor Pty Ltd
Owner	Cumberland City Council
Application No.	DA2020/0645
Description of Land	South Western Corner of Rawson Street and Station Road, Auburn 2144
Proposed Development	Installation of illuminated static electronic identilite advertising sign
Zoning	B4 – Mixed Use
Disclosure of political donations and gifts	Nil disclosure
Heritage	Subject site is within the vicinity of two heritage items being a former Auburn RSL statue located in Auburn Memorial Park and the Keighery Hotel located at 51 Rawson Street, Auburn
Principal Development Standards	N/A
Issues	The proposal does not seek any non-compliances.

Summary:

1. Development Application No. DA2020/0645 was received on 29 October 2020 for the Installation of illuminated static electronic identilite advertising sign.

2. The application was publicly notified to occupants and owners of the adjoining properties for a period of 14 days between 13 November 2020 and 27 November 2020. In response, no submissions were received.

3. The development application does not seek any variations or non-compliances.

4. The owner of the subject property is identified as Cumberland City Council. In this regard, in accordance with Schedule 2 of the Local Planning Panel Direction – Development Applications, the application is referred to the Cumberland Local Planning Panel (CLPP) for determination.

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

Report:

Subject Site and Surrounding Area

The site is located at the south western intersection of Station Road, Auburn and Rawson Street, Auburn.

The locality of the area is dominated by a variety of uses including:

- An open space park/reserve being Auburn Memorial Park to the immediate south west. Auburn Memorial Park contains a heritage listed item being an RSL statue which was relocated from the former Auburn RSL car park site at 26-26 Northumberland Road Auburn. Further to the south west is a railway line and Auburn Station.

- Commercial premises located on the adjacent south east corner of Station Road and Rawson Street.

- A pub/hotel premises located on the adjacent north west corner of Station Road and Rawson Street known as Keighery Hotel. The Keighery Hotel is listed as being of Local heritage significance under Auburn Local Environmental Plan 2010 (Item number I16).

- A mixed use development comprising of commercial premises on the ground floor and residential apartments above located on the adjacent north east corner of Station Road and Rawson Street.

The subject location for the proposed signage is not developed with any structures other than traffic signals , pavement, fencing and two kerbs allowing for pedestrians to cross Rawson Street in an east-west direction (and vice-versa) and in a north-south direction (and vice-versa).

The signage is proposed to be installed between the two pedestrian crossings as per figure 2 on the following page.

Figure 1 – Aerial view of subject site with the subject site indicated by green marker and purple outline.

Figure 2 – Aerial view of subject site and location of proposed signage.

Figure 3 – Locality Plan of subject site indicated by green marker

Figure 4- View of the subject location of the proposed signage (located on street corner on left hand side of photo) looking west with Heritage Item being the Keighery Hotel located on the right hand side of the photo.

Figure 5- View of the subject location of the proposed signage (located on corner on right hand side of photo) looking south.

Description of the Proposed Development

Council has received a development application for the Installation of an illuminated static electronic identilite advertising sign incorporating:

· Installation of a pylon of approximately 5.2m in height and approximately 150mm in width. The pylon shall consist of:

o Illuminated street identification signage for Station Road connected to the pylon approximately 2.58m from the natural ground level facing south with dimensions of 390mm in height by 970mm width and having an area of approximately 0.378 sq m

o Illuminated street identification signage for Rawson Street connected to the pylon approximately 2.78m from the natural ground level with dimensions of 390mm in height by 970mm width and having an area of approximately 0.378 sq m.

o A double sided static electronic illuminated advertising sign connected to the pylon approximately 2.98m from the natural ground level facing Rawson Street with dimensions of 1.8m in height by 1.2m width and having an area of approximately 2.16 sq m. The advertisement is static however the advertisement can rotate between advertisements and as such conditions of consent are imposed regarding dwell times.

The advertising panel is proposed to display the name, logo and other information of a local business which sponsors the sign. The advertising panel and the street name signs are proposed to be internally illuminated.

It is noted that there is an existing Licence Agreement between Council and Claude Outdoor (The applicant) to provide IdentiLite advertising and directional street sign units at selected locations throughout the Cumberland LGA. This development application is for additional signage but within the agreed conditions of the standing agreement. As such a condition is imposed for the consent to be valid until 12 August 2027 in accordance with the existing agreement.

The agreement allows for 55 IdentiLite signages to be installed and 39 have already been installed by the 2 November 2020 with another 5 under review (Including the signage proposed as per this development application). The license agreement is attached at attachment 7 and attachment 8 and a list of the currently installed IdentiLite signage is at attachment 9.

History

Date	Action
29 October 2020	DA2020/0645 was lodged with Council
13 November 2020 to 27 November 2020	Application notified to surrounding properties, a sign was erected on the site, and an advertisement was placed on Council’s website. No public submissions were received as a result of the notification.
9 December 2020	Application referred to the Cumberland Local Planning Panel for determination

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Claude Outdoor and was received by Council on 29 October 2020 in support of the application.

Contact with Relevant Parties

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

Internal Referrals

Development Engineer (Traffic)

The development application was referred to Council’s Development Engineer for comment who has advised that the development proposal is satisfactory subject to conditions.

Properties

The development application was referred to Council’s properties section for comment who has advised that the development proposal is satisfactory and can be supported subject to conditions of consent including that the development be carried out in accordance with the agreement with Council outlined in the Schools Alert Sign Deed made on 13 August 2007 (attachment 7) And Deed of Variation dated 1 May 2018 (Attachment 8).

External Referrals

Transport for NSW

The location of the signage is located on a classified road. In this regard, the application was referred to Transport for NSW (TfNSW) for concurrence, pursuant to clause 138(2) of the Roads Act and for Council to be satisfied regarding clause 101 of State Environmental Planning Policy (Infrastructure) 2007. The response received 25 November 2020 indicates that the proposal is satisfactory without any recommended conditions.

PLANNING COMMENTS

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

State Environmental Planning Policies

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

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

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

Matter for Consideration	Yes/No
Does the application involve re-development of the site or a change of land use?	Yes No
i) Does the application involve re-development of the site or a change of land use?	Yes No
In the development going to be used for a sensitive land use (e.g.: residential, educational, recreational, childcare or hospital)?	Yes No
Does information available to you indicate that an activity listed below has ever been approved, or occurred at the site? acid/alkali plant and formulation, agricultural/horticultural activities, airports, asbestos production and disposal, chemicals manufacture and formulation, defence works, drum re-conditioning works, dry cleaning establishments, electrical manufacturing (transformers), electroplating and heat treatment premises, engine works, explosive industry, gas works, iron and steel works, landfill sites, metal treatment, mining and extractive industries, oil production and storage, paint formulation and manufacture, pesticide manufacture and formulation, power stations, railway yards, scrap yards, service stations, sheep and cattle dips, smelting and refining, tanning and associated trades, waste storage and treatment, wood preservation	Yes No
Is the site listed on Council’s Contaminated Land database?	Yes No
Is the site subject to EPA clean-up order or other EPA restrictions?	Yes No
Has the site been the subject of known pollution incidents or illegal dumping?	Yes No
Does the site adjoin any contaminated land/previously contaminated land?	Yes No
Has the appropriate level of investigation been carried out in respect of contamination matters for Council to be satisfied that the site is suitable to accommodate the proposed development or can be made suitable to accommodate the proposed development?	Yes No
Details of contamination investigations carried out at the site: The site is identified as a public footpath area and no excavation work is required. A base is to be installed with the signage pylon attached to the base and proposed signage and street identification signage attached to the pylon. Given the nature of the development application, it is considered that the development sought is acceptable for the purpose of the state policy.

(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 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 application was referred to Transport for NSW (TfNSW) for comment. A response was received from Transport for NSW (TfNSW) dated 25 November 2020 indicated that the proposal is satisfactory without any recommended conditions.

It is noted that there is a red-light speed camera located on the adjacent south eastern intersection corner facing west however the proposed signage will have no impact upon the camera.

(c) State Environmental Planning Policy No 64 – Advertising and Signage

A detailed assessment of the proposal against the provisions of State Environmental Planning Policy No 64 – Advertising and Signage including assessment against part 3 – Advertisements and part 4 – Miscellaneous of the SEPP and schedule 1 – Assessment criteria was undertaken and the development proposal is considered as being compliant with all the provisions subject to conditions.

A comprehensive State Environmental Planning Policy No 64 – Advertising and Signage assessment table is provided at attachment 3.

Clause 8 – Granting of consent to signage

Requirement

Comment

A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied:

(a) that the signage is consistent with the objectives of this Policy as set out in clause 3 (1) (a), and

(b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.

The objectives of the policy are as follows:

(a) to ensure that signage (including advertising):

(i) is compatible with the desired amenity and visual character of an area, and

(ii) provides effective communication in suitable locations, and

(iii) is of high quality design and finish, and

(b) to regulate signage (but not content) under Part 4 of the Act, and

(c) to provide time-limited consents for the display of certain advertisements, and

(d) to regulate the display of advertisements in transport corridors, and

(e) to ensure that public benefits may be derived from advertising in and adjacent to transport corridors.

The proposal is considered to be consistent with the objectives of the policy subject to conditions restricting ambiance. The design, height, size and scale of the signage is generally of acceptable quality and will not detract from the commercial or residential character of the area. In this regard, it is expected that the development will have minimal impacts on the amenity of the surrounding commercial and residential developments.

Clause 14 – Duration of consents

Requirement

Comment

(1) A consent granted under this Part ceases to be in force:

(a) on the expiration of 15 years after the date on which the consent becomes effective and operates in accordance with section 83 of the Act, or

(b) if a lesser period is specified by the consent authority, on the expiration of the lesser period.

(2) The consent authority may specify a period of less than 15 years only if:

(a) before the commencement of this Part, the consent authority had, or

(b) the area in which the advertisement is to be displayed is undergoing change in accordance with an environmental planning instrument that aims to change the nature and character of development and, in the opinion of the consent authority, the proposed advertisement would be inconsistent with that change, or

There is no specified policy adopted by Council in relation to granting consents for applications to display advertisements for a lesser period than 15 years, the subject signage is part of an existing license agreement between Council and the applicant, to provide IdentiLite advertising and directional street sign units at selected locations throughout the Cumberland LGA (Refer to attachments 7,8 and 9).

The license agreement specifies a termination date of the license agreement of 12 August 2027.

In this regard, a condition is imposed limiting the operation of the consent to expire on 12 August 2027.

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

(b) Auburn Local Environmental Plan 2010 (ALEP 2010)

The provision of the AELP 2010 is applicable to the development proposal. The proposed development is defined as ‘signage’ and is permissible in the B4 – Mixed Use zone with consent.

The Auburn Local Environmental Plan 2010 defines signage as the following:

signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—

(a) an advertising structure,

(b) a building identification sign,

but does not include a traffic sign or traffic control facilities.

It is noted that the development achieves compliance with the key statutory requirements of the Auburn LEP 2010 and the objectives of the B4 – Mixed Use. A comprehensive ALEP 2010 compliance table is provided at attachment 5.

Heritage – The adjoining park being Auburn Memorial Park contains a heritage listed item being the former Auburn RSL statue. It is noted that the statue in its current location is not heritage listed under ALEP2010, however the statue is heritage listed under ALEP2010 at its former location being the Auburn RSL club which was located at 26-36 Northumberland Road Auburn. The site is also within the vicinity of a heritage item of local significance located on the adjacent north western corner at 51 Rawson Street, Auburn, and is identified in ALEP2010 as Item I16 and is known as the Keighery Hotel.

The proposed signage will have no impact on the statue or the Keighery Hotel as the proposed signage is of a suitable height and scale being a maximum of 5.2m and of satisfactory materials subject to conditions for limitations to illuminance and moving images. In this regard the proposed signage is not expected to have any negative impact on the heritage items.

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 (CLEP)

The Draft Cumberland Local Environmental Plan (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 City local government area, those being:

· Holroyd Local Environmental Plan 2013

· Parramatta Local Environmental Plan 2011.

· Auburn Local Environmental Plan 2010.

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

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

Auburn Development Control Plan (ADCP) 2010 contains advertising and signage controls under Advertising and signage section of Auburn DCP 2010 and the subject site is identified as being within Auburn Local Centre as such controls apply within the Local Centres section of ADCP2010.

A comprehensive ADCP 2010 compliance table is attached to this report at Attachment 6.

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

There is no planning agreement or draft planning agreement associated with the subject Development Application made under section 7.4 of the Environmental Planning and Assessment Act.

It is noted that Claude Outdoor (The applicant) has an existing Licence Agreement to provide IdentiLite advertising and directional street sign units at selected locations throughout the Cumberland LGA. This development application is for additional signage but within the agreed conditions of the standing agreement.

The agreement allows for 55 IdentiLite signages to be installed and it is identified that 39 have already been installed by 2 November 2020 with another 5 under review (including the signage proposed as per this development application). The licence agreement is attached at attachment 7 and attachment 8 and a list of the currently installed IdentiLite signage is at attachment 9.

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 proposal is considered satisfactory with regard to relevant matters such as design quality, landscaping, road safety, lighting and views and vistas subject to the imposition of suitable conditions of consent to satisfactorily control the development.

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

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

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

Advertised (Council Website)

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 13 November 2020 and 27 November 2020. No submissions were received as a result of the notification.

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.

Cumberland Local Infrastructure Contribution Plan 2020

The proposed development does not attract the payment of any development contributions in accordance with Cumberland Local Infrastructure Contributions Plan 2020.

Disclosure of Political Donations and Gifts

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

Conclusion:

The application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy No 64 – Advertising and Signage, Transport Corridor Outdoor Advertising and Signage Guidelines, State Environmental Planning Policy (Infrastructure) 2007, Auburn Local Environmental Plan 2010 and the Auburn Development Control Plan 2010, and is considered to be satisfactory.

Report Recommendation:

That Development Application No. DA2020/0645 for the Installation of illuminated static electronic identilite advertising sign on land at the south western Corner of Rawson Street and Station Road, Auburn, be approved subject to conditions within the draft notice of determination provided at Attachment 1.

Attachments

1. Draft Notice of Determination

2. Architectural Plans

3. State Environmental Planning Policy No 64 Advertising and Signage

4. Transport Corridor Outdoor Advertising and Signage Guidelines

5. ALEP 2010 Compliance Table

6. ADCP 2010 Compliance Table

7. Schools Alert Sign License Deed made on 13 August 2007

8. Deed of Variation

9. Cumberland Identities Lease Agreement - List of Signage Locations as of 2 November 2020

Cumberland Local Planning Panel Meeting

9 December 2020

Item No: LPP060/20

Development Application for North Eastern Corner of Great Western Highway and Station Street, Wentworthville

Responsible Division: Environment & Planning

Officer: Executive Manager Development and Building

File Number: DA2020/0646

Application lodged	29 October 2020
Applicant	Claude Outdoor Pty Ltd
Owner	Cumberland City Council
Application No.	DA2020/0646
Description of Land	North eastern corner of Great Western Highway and Station Street, Wentworthville NSW 2145
Proposed Development	Installation of illuminated static electronic identilite advertising sign
Zoning	SP2 - Infrastructure
Disclosure of political donations and gifts	Nil disclosure
Heritage	No
Principal Development Standards	N/A
Issues	The proposal does not seek any non-compliances.

Summary:

1. Development Application No. DA2020/0646 was received on 29 October 2020 for the installation of illuminated static electronic identilite advertising sign.

3. The development application does not seek any variations or non-compliances.

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

Report:

Subject Site and Surrounding Area

The site is located approximately at the intersection of Station Street, Wentworthville and Great Western Highway, Wentworthville within the Great Western Highway road reserve.

The locality of the area is dominated by a variety of uses including:

- A mixed use development to the immediate north,

- Great Western Highway road reserve to the immediate east and residential flat units and Wentworthville shopping plaza within the vicinity to the east.

- Great Western Highway to the immediate south

- A supermarket located on the opposite south eastern intersection corner.

- A fast food outlet located on the adjacent south western intersection corner.

- Station Street to the immediate west and an open car yard on the adjacent north western corner.

It is noted that similar signage to that proposed is located on the adjacent north western corner and south western corner from the subject site.

The subject location for the proposed signage is not developed with any structures other than a traffic light and telegraph pole also located within the Great Western Highway road reserve at the intersection of Station Street, and the Great Western Highway. The signage is proposed to be installed approximately 1m to the west of the existing telegraph pole as per figure 2 below.

Figure 1 – Aerial view of subject site with the subject site indicated by green marker and purple outline.

Figure 2 – Aerial view of subject site and location of proposed signage.

Figure 3 – Locality Plan of subject site indicated by green marker

Figure 4- View of the subject location of the proposed signage looking east.

Figure 5- View of similar advertising signage installed on the adjacent north-western intersection corner from the proposed signage location installed as per existing License Agreement with Council

Description of the Proposed Development

Council has received a development application for the Installation of an illuminated static electronic identilite advertising sign incorporating:

· Installation of a pylon sign that has a height of 5.2 metres and a width of 150 mm. The pylon shall consist of:

o Illuminated street identification signage for Station Street connected to the pylon approximately. 2.5m from the natural ground level on the northern elevation with dimensions of 390mm in height by 970mm width and having an area of 0.378sqm.

o Illuminated street identification signage for the Great Western Highway connected to the pylon approximately. 2.78m from the natural ground level on the eastern elevation with dimensions of 390mm in height by 970mm width and having an area of 0.378 sq m.

o A double sided static electronic illuminated advertising sign connected to the pylon approximately. 2.98m from the natural ground level on the southern elevation with dimensions of 1.8m in height by 1.2m width and having an area of 2.16sqm. The advertisement is static however the advertisement can rotate between advertisements and as such conditions of consent are imposed regarding dwell times.

It is noted that there is an existing Licence Agreement between Council and Claude Outdoor (the applicant) to provide IdentiLite advertising and directional street sign units at selected locations throughout the Cumberland LGA. This development application is for additional signage but within the agreed conditions of the standing agreement. As such a condition is imposed for the consent to be valid until 12 August 2027 in accordance with the existing agreement.

The agreement allows for 55 IdentiLite signages to be installed and as of 2 November 2020, 39 have been installed with another 5 under review (including the signage proposed as per this development application). The license agreement is attached at attachment 7 and attachment 8 and a list of the currently installed IdentiLite signage is at attachment 9.

History

Date	Action
29 October 2020	DA2020/0646 was lodged with Council
13 November 2020 to 27 November 2020	Application notified to surrounding properties, a sign was erected on the site, and an advertisement was placed on Council’s website. No public submissions were received as a result of the notification.
9 December 2020	Application referred to CLPP for determination.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Claude Outdoor which was received by Council on 29 October 2020 in support of the application.

Contact with Relevant Parties

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

Internal Referrals

Development Engineer (Traffic)

The development application was referred to Council’s Development Engineer for comment who has advised that the development proposal is satisfactory subject to conditions.

Properties

The development application was referred to Council’s properties section for comment who has advised that the development proposal is satisfactory and can be supported subject to recommended conditions of consent including that the development be carried out in accordance with the agreement with Council outlined in the Schools Alert Sign Deed made on 13 August 2007 (attachment 7) and the Deed of Variation dated 1 May 2018 (Attachment 8).

External Referrals

Transport for NSW

The location of the signage is located on a classified road. In this regard, the application was referred to Transport for NSW (TfNSW) for concurrence, pursuant to clause 138(2) of the Roads Act and for Council to be satisfied regarding clause 101 of State Environmental Planning Policy (Infrastructure) 2007. The response received dated 27 November 2020 which indicates that the proposal is satisfactory with recommended conditions.

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)

Matter for Consideration	Yes/No
Does the application involve re-development of the site or a change of land use?	Yes No
Does the application involve re-development of the site or a change of land use?	Yes No
In the development going to be used for a sensitive land use (e.g.: residential, educational, recreational, childcare or hospital)?	Yes No
Does information available to you indicate that an activity listed below has ever been approved, or occurred at the site? acid/alkali plant and formulation, agricultural/horticultural activities, airports, asbestos production and disposal, chemicals manufacture and formulation, defence works, drum re-conditioning works, dry cleaning establishments, electrical manufacturing (transformers), electroplating and heat treatment premises, engine works, explosive industry, gas works, iron and steel works, landfill sites, metal treatment, mining and extractive industries, oil production and storage, paint formulation and manufacture, pesticide manufacture and formulation, power stations, railway yards, scrap yards, service stations, sheep and cattle dips, smelting and refining, tanning and associated trades, waste storage and treatment, wood preservation	Yes No
Is the site listed on Council’s Contaminated Land database?	Yes No
Is the site subject to EPA clean-up order or other EPA restrictions?	Yes No
Has the site been the subject of known pollution incidents or illegal dumping?	Yes No
Does the site adjoin any contaminated land/previously contaminated land?	Yes No
Has the appropriate level of investigation been carried out in respect of contamination matters for Council to be satisfied that the site is suitable to accommodate the proposed development or can be made suitable to accommodate the proposed development?	Yes No
Details of contamination investigations carried out at the site: The site is identified as a road reserve and no excavation work is required. A base is to be installed with the signage pylon attached to the base and proposed signage and street identification signage attached to the pylon. Given the nature of the development application, it is considered that the development sought is acceptable for the purpose of the state policy.

(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 101 – Frontage to classified road

It is noted that there is a red light speed camera located on the adjacent south eastern intersection corner facing west however the proposed signage will have no impact upon the camera.

(c) State Environmental Planning Policy No 64 – Advertising and Signage

A comprehensive State Environmental Planning Policy No 64 – Advertising and Signage assessment table is provided at attachment 3.

Clause 8 – Granting of consent to signage

Requirement

Comment

A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied:

(a) that the signage is consistent with the objectives of this Policy as set out in clause 3 (1) (a), and

(b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.

The objectives of the policy are as follows:

(a) to ensure that signage (including advertising):

(i) is compatible with the desired amenity and visual character of an area, and

(ii) provides effective communication in suitable locations, and

(iii) is of high quality design and finish, and

(b) to regulate signage (but not content) under Part 4 of the Act, and

(c) to provide time-limited consents for the display of certain advertisements, and

(d) to regulate the display of advertisements in transport corridors, and

(e) to ensure that public benefits may be derived from advertising in and adjacent to transport corridors.

Clause 14 – Duration of consents

Requirement

Comment

(1) A consent granted under this Part ceases to be in force:

(a) on the expiration of 15 years after the date on which the consent becomes effective and operates in accordance with section 83 of the Act, or

(b) if a lesser period is specified by the consent authority, on the expiration of the lesser period.

(2) The consent authority may specify a period of less than 15 years only if:

(a) before the commencement of this Part, the consent authority had adopted a policy of granting consents in relation to applications to display advertisements for a lesser period and the duration of the consent specified by the consent authority is consistent with that policy, or

The license agreement specifies a termination date of the license agreement of 12 August 2027.

In this regard, a condition is imposed limiting the operation of the consent to expire on 12 August 2027.

Regional Environmental Plans

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

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

Local Environmental Plans

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

The provision of the HELP 2013 is applicable to the development proposal. The proposed development is defined as ‘signage’ and is permissible in the SP2 - Infrastructure zone with consent.

Holroyd Local Environmental Plan 2013 defines signage as the following:

(a) an advertising structure,

(b) a building identification sign,

but does not include a traffic sign or traffic control facilities.

It is noted that the development achieves compliance with the key statutory requirements of the Holroyd LEP and the objectives of the SP2 - Infrastructure zone. A comprehensive HLEP compliance table is provided at attachment 5.

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 (CLEP)

· Holroyd Local Environmental Plan 2013

· Parramatta Local Environmental Plan 2011.

· Auburn Local Environmental Plan 2010.

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

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

Holroyd Development Control Plan (HDCP) 2013 contains signage controls under Part F. A detailed assessment using the HDCP identifies that the proposed development is compliant with the relevant provisions and no variations are identified.

A comprehensive HDCP compliance table is attached to this report at Attachment 6.

There is no planning agreement or draft planning agreement associated with the subject Development Application made under section 7.4 of the Environmental Planning and Assessment Act.

It is noted that Claude Outdoor (the applicant) has an existing Licence Agreement to provide IdentiLite advertising and directional street sign units at selected locations throughout the Cumberland LGA. This development application is for additional signage but within the agreed conditions of the standing agreement.

The agreement allows for 55 IdentiLite signages to be installed and it is identified that 39 have already been installed by 2 November 2020 with another 5 under review. (Including the signage proposed as per this development application). The licence agreement is attached at attachment 7 and attachment 8 and a list of the currently installed IdentiLite signage is at attachment 9.

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

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

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

Advertised (Council Website)

Mail

Sign

Not Required

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

Cumberland Local Infrastructure Contributions Plan 2020

The proposed development does not attract the payment of any development contributions in accordance with Cumberland Local Infrastructure Contributions Plan 2020.

Disclosure of Political Donations and Gifts

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

Conclusion:

The application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy No 64 – Advertising and Signage, Transport Corridor Outdoor Advertising and Signage Guidelines, State Environmental Planning Policy (Infrastructure) 2007, Holroyd Local Environmental Plan 2013 and the Holroyd Development Control Plan 2013, and is considered to be satisfactory.

Report Recommendation:

That Development Application No. DA2020/0646 for the installation of illuminated static electronic identilite advertising sign on land at the north eastern corner of the Great Western Highway and Station Street, Wentworthville be approved subject to conditions within the draft notice of determination provided at Attachment 1.

Attachments

1. Draft Notice of Determination

2. Architectural Plans

3. State Environmental Planning Policy No 64 Advertising and Signage

4. Transport Corridor Outdoor Advertising and Signage Guidelines

5. HLEP 2013 Complaince Table

6. HDCP 2013 Compliance Table

7. Schools Alert Sign License Deed made on 13 August 2007

8. Deed of Variation

9. Cumberland identiLites Lease Agreement - List of signage locations as of 2 November 2020