13 July 2022

A meeting of the Cumberland Local Planning Panel will be held at 11:30am at the Auburn Administration Building, 1 Susan Street Auburn on Wednesday, 13 July 2022.

Business as below:

Yours faithfully

Melissa Attia

Acting General Manager

ORDER OF BUSINESS

1.      Receipt of Apologies

2.      Declarations of Interest

3.      Address by invited speakers

4.      Reports:

          -        Development Applications

          -        Planning Proposals

5.      Closed Session Reports

 

 13 July 2022

CONTENTS

Report No.  Name of Report                                                                                         Page No.

Development Applications

LPP037/22... Development Application - 16-20 South Street & 2A Russell Street, Granville 5

LPP038/22... Development Application - 15 Neil Street, Merrylands.............................. 211

LPP039/22... Development Application - 8 -12 Good Street, Westmead....................... 535

LPP041/22... Planning Proposal Request for 245-247 Great Western Highway, South Wentworthville (The Wattles)......................................................................... 815

 

 13 July 2022

 

Item No: LPP037/22

Development Application - 16-20 South Street & 2A Russell Street, Granville

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA2022/0097  

 

 

1.  Development Application No. DA2022/0097 was accepted on Monday 21 March 2022 for alterations and additions to the existing Royal Granville Hotel, construct a new restaurant, a new outdoor smoking room on the ground floor, construct new office space and terraces across Levels 1 and 2, construct a rooftop terrace to the building to be used in conjunction with the pub and new signage.

 

2.  The application was publicly notified to occupants and owners of the adjoining properties for a period of fourteen (14) days between Friday 18 March 2022 and Friday 1 April 2022. In response, Council received no submissions.

3.  The subject site is listed as a local heritage under the Cumberland Local Environmental Plan 2021 as Item Number I86 being the Royal Granville Hotel building.

 

4.  The numerical variations are as follows:

Control	Required	Provided	% variation
Floor space ratio Clause 4.4 of the Cumberland Local Environmental Plan 2021.	2.0:1.	2.21:1.	10.5%.
Awnings Part C - Subpart 3.10 Cumberland Development Control Plan 2021.	Minimum depth of 2.4 metres.	2 metres deep.	16.6%.
Car parking Part G3 - Subpart 3 Cumberland Development Control Plan 2021.	43 spaces.	No car parking spaces.	100%.

 

5.  The application is referred to the Panel as the development contravenes a development standard by more than 10%.

 

6.  The application is recommended for approval subject to conditions as recommended in the Council’s assessment report.

 

Subject Site and Surrounding Area

 

The site is known as Lot 100 and 101 in DP 747211 or 16 to 20 South Street and 2A Russell Street Granville. The site has two street frontages with South Street to the east and Russell Street to the north.

 

As a combined entity, the site occupies an area of 867 square metres and has the following dimensions:

 

·    Northern and southern boundary - 36.49 metres.

·    Eastern and western boundary - 23.775 metres.

 

A pub and hotel is situated across most of the site which is a three storey building comprising of a pub on the ground floor and a hotel on Levels 1 and 2. The building is listed as a heritage item within the Cumberland Local Environmental Plan 2021 as heritage item Number I86.

 

There are also various additions and outbuildings situated across the site including awnings, a garage, a separate building used as a TAB, storage area and accessways.

 

The original pub and hotel on site were constructed in 1884 and since that date, there have been various alterations to the building. The building is located on a prominent corner of Granville close to the railway and is visible from the railway line.

 

The site is devoid of car parking spaces including loading and unloading zones. However, there is a loading zone situated at the front of the site on Russell Street.

 

The land is situated within zone B2 Local Centre while land to the west is located within zone B4 Mixed Use under the Cumberland Local Environmental Plan 2021.

 

The site is positioned within the town centre of Granville and as such, commercial premises and business forms the dominant land use. However, there are heritage listed dwellings to the immediate west and there is a heritage conservation area close by.

 

The Royal Granville Hotel has a full approved and operational hotel liquor licence - License Number LIQH400105207.

 

Crucial elements of the locality include.

 

·    Two conjoined dwellings to the immediate west at 2 to 4 Russell Street which are also listed as heritage items (Number I81 within the Cumberland Local Environmental Plan 2021).

 

·    A heritage conservation area, with 7 allotments to the west incorporating various streets including Carlton Street which is the closest intersection to the site affected by the listing.

 

·    Additional heritage listed buildings to the north east situated on the eastern side of South Street being Youngs building (Heritage item I85).

 

·    A lack of onsite car parking with the nearest public car parks situated in Mary Street located at least 150 metres from the site.

 

·    The Granville Railway Station being located 100 metres walking distance from the site to the north.

 

The aerial photo below shows the site in detail.

The zoning of the site is provided below.

 

Photos of the site taken are provided below taken Thursday 17 March 2022.

Description of The Development

 

Development application 2022/0097 is proposing alterations and additions to the Royal Granville Hotel, construct a new restaurant and a new outdoor smoking room on the ground floor, construct new office space and terraces across Levels 1 and 2, construct a rooftop terrace to the building to be used in conjunction with the pub and new signage.

 

The proposed works are described in detail below.

 

Ground Floor

 

The western half of the building at ground level will be renovated which includes the demolition of the TAB, removal of internal walls, removal of an office, removal of an internal garage and removal of a small internal beer garden.

 

There will also be limited demolition work undertaken at the south east portion of the building which will permit the construction of a semi outdoor smoke area facing South Street.

 

A new restaurant will be constructed across the western side of the pub with the plans showing 29 tables and seating for 124 patrons. However, as described within the report, seating will need to be capped at 90 patrons.

 

A new entry will be constructed across the northern elevation and a new lift will be installed linking the ground floor with Levels 1 and 2 and the rooftop terrace. The rooftop terrace will be used in association with the pub for private functions but subject to pre booking arrangements.

 

General access to the upper floors and rooftop terrace from the ground floor will be prevented via the installation of a swipe card system into the lift to prevent patrons using the pub and restaurant from accessing the upper floors. This will also require appropriate security to ensure no conflicts between office workers and guests during daytime operating hours.

 

The outdoor gaming lounge and the lounge situated at the north east corner of the building are not subject to any significant change. However, it is identified that an internal stair linking the new restaurant with the pub will need to be altered to an accessible ramp to ensure equitable access between amenities.

 

First Floor

 

The existing hotel rooms facing the corner of South Street and Russell Street will be converted to 5 office suites and 1 meeting room. This will only require internal upgrades to the existing rooms and construction of new walls within the existing building floorplate.

 

The plans show the construction of 2 new office suites with both new office suites being provided with a terrace. There is 1 office suite and terrace facing South Street and 1 office suite and terrace facing Russell Street. A common foyer, lift and stair access will be constructed providing access to the various offices.

 

Second Floor

 

The proposed works across the second floor are relatively similar to what is occurring across the first floor. The existing hotel rooms facing the corner of South Street and Russell Street will be converted to 10 office suites and 1 storeroom. This will only require internal upgrades to the existing rooms and construction of new walls within the existing building footprint.

 

The plans show the construction of 2 office suites with both new office suites being provided with a terrace. There is 1 office suite and terrace facing South Street and 1 office and terrace facing Russell Street. A common foyer, lift and stair access will be constructed providing access to the various offices.

 

Third floor

 

The third floor features lift and stair access, toilets and a terrace occupying most of the floor level. The terrace is surrounded by a parapet wall that is 1.8 metres in height. No detailed fit-out works is provided for this.

 

The terrace will only be used in association with the pub for private functions but subject to pre booking arrangements.

 

There will be a need for controls addressing access to the rooftop terrace including limiting patron numbers, its hours of use and security measures. Conditions 74, 76, 77 and 78 attached to the recommendation addresses such matters for the Panel’s consideration.

 

The details of the works are shown in the table below.

Level	New works	Area
Ground Floor	1 new restaurant or eatery.	184 square metres.
	1 new outdoor smoke area.	77.1 square metres including the bar area facing South Street.
First Floor	There will be 5 new office suites and 1 meeting room within the existing building.	Various and ranging between 13 square metres and 29 square metres in area. Meeting room occupies 43 square metres.
	1 x new office and terrace facing Russell Street.	New office occupies 168 square metres. New terrace occupies 119.3 square metres.
	1 x new office and terrace facing South Street.	New office occupies 133 square metres. New terrace occupies 77.8 square metres.
Second floor	There will be 10 new office suites within the existing building.	Various and ranging between 6.8 square metres and 27.6 square metres in area. Storeroom occupies 9.1 square metres.
	1 x new office and terrace facing Russell Street.	New office occupies 168 square metres. New terrace occupies 119.3 square metres.
	1 x new office and terrace facing South Street.	New office occupies 133 square metres. New terrace occupies 77.8 square metres.
Third floor	Third floor terrace, access and utilities.	Excluding access, the terrace occupies 732 square metres.
Floor space ratio		2.21:1 or 1,916 square metres.

 

Proposed signage

 

The development application includes the erection of one LED sign to be situated on the façade of the building facing the street corner. As shown in the photos attached to the report, the LED sign at the street corner has already been erected without consent. The sign has dimensions of 5.08 metres x 1.042 metres and occupies an area of 5.29 square metres. As shown in the assessment report, the size of the sign at the corner location is not supported and should be reduced in area.

 

Other matters

 

The statement of effects specifies that:

 

·    The hotel management seeks to retain the current hours of operation of the pub which are 24 hours daily.

·    There are 5 full time staff working on site but this will increase due to the new restaurant.

·    The fit-out of the restaurant and the terrace level will be the subject of a separate development application and the applicant seeks a specific condition addressing this.

·    The use of the new offices will be the subject of separate development applications and the applicant seeks a condition addressing this.

History of The Application

 

The history of the application is:

 

·    Monday 22 March 2021 - A pre lodgement meeting was held between the applicant and Council staff for a proposal that encompassed alterations and additions to the heritage listed building. The pre lodgement notes were issued on Friday 26 March 2022. Plans were presented within the application that demonstrated a floor space ratio of 2.87:1 which was not supported.

 

·    Tuesday 13 July 2021 - A second pre lodgement meeting was held between Council officers and the applicant to discuss a modified development for the heritage listed site. Plans were presented within the application that demonstrated a reduced floor space ratio of 2.142:1. The applicant was requested to review this further and appropriate written advice provided.

 

·    Monday 21 March 2022 - The development application was accepted by Council for the works as prescribed in this application. The floor space ratio as calculated in this application being 2.21:1 is slightly increased from that shown in the second pre lodgement application. This has occurred because there were changes to the layouts and floor areas of each level which necessitated another detailed assessment of the floor space ratio of the building.

 

·    Friday 13 May 2022 - The applicant provides Council with additional information including a Clause 4.6 Variation request to the floor space ratio.

 

Council Initiated Planning Proposal for Granville Town Centre and Surrounds

 

Further to the above, Council has prepared a Planning Proposal for targeted locations in the Granville Town Centre and surrounds (Council Ref CS-220). The planning controls seek to implement a new planning framework for development that capitalises on land use opportunities for housing diversity and jobs growth, that also supports connectivity and liveability objectives.

 

The Planning Proposal also seeks to apply consistent height of buildings and floor space ratio controls for all land zoned B2 Local Centre and B4 Mixed Use, bounded by Carlton Street, Russell Street, Mary Street and South Street. In this regard, the Planning Proposal seeks to retain a building height limit of 15 metres but a change to the floor space ratio from 2.0:1 to 2.1:1. The Planning Proposal was endorsed by Council in June 2021 to be forwarded to the Department of Planning for a Gateway Determination.  At this time, additional information has been sought by the Department prior to making a Gateway Determination, and this information is being prepared by Council officers.

 

It is identified that should the Planning Proposal progress in its current form to conclusion, the proposed floor space ratio of the development the subject of the development application would still need to be varied; however, would be subject to a smaller variation of 5.2%.

 

Applicants Supporting Statement

 

The applicant has provided a Statement of Environmental Effects prepared by Specialists Town Planning Services which is dated December 2021 in support of the development 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 not satisfactory due to a shortfall of car parking on site. A traffic study was submitted for assessment by the engineer to justify the shortfall of car parking. Nevertheless, the engineer has provided conditions of consent should Council staff support the application. The engineer’s concerns are addressed below under the Cumberland Development Control Plan 2021 under Part G3 (Subpart 3) - Parking Rate.

 

Environmental Health Officer

 

The development application was referred to Council’s Environmental Health Officer for comment who has advised that the development proposal including the acoustic report is satisfactory subject to conditions. Notwithstanding this, conditions will be imposed accordingly addressing noise and patronage as recommended by the updated acoustic report as follows:

 

·    The ground floor restaurant should not open past midnight.

·    The number of patrons using the ground floor courtyard eatery should not exceed 90.

·    The number of patrons using the rooftop terrace should not exceed 80.

·    There should be a limit of 12 staff using each office terrace between 7 am and 12 midnight on each floor.

 

Building Surveyor

 

The development application was referred to Council’s Building Surveyor for assessment who has advised that the development application is satisfactory subject to conditions:

 

Heritage Consultant

 

Council engaged a heritage consultant to review the heritage impact assessment report prepared by Weir Philips. The report was determined as being acceptable. Council’s heritage consultant has recommended that:

 

·    A photographic archival recording of the Royal Granville Hotel should be undertaken prior to any new work to document any change.

·    Where possible, existing doorways, walls and windows should be reused.

·    Original building materials that need to be removed including decorative elements, floorboards and bricks should be carefully removed, labelled and be retained.

Condition number 51 attached to the recommendation addresses relevant heritage protection for the building.

External Referrals

 

Cumberland Police Area Command

 

As per comments of Wednesday 30 March 2022, the development application is supported subject to conditions as advised by the Crime Prevention Officer. All conditions and controls contained within the liquor licence must be complied with and all the conditions as recommended should be incorporated into any consent issued.

 

Endeavour Energy

 

As per comments of Tuesday 29 March 2022, the development application is supported subject to conditions.

Planning Comments

 

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

 

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

 

 

Local Environmental Plans

 

The provision of the Cumberland Local Environmental Plan 2021 is applicable to the development that is proposed. It is noted that the development achieves compliance with most of the provisions of the Cumberland Local Environmental Plan 2021 except for floor space ratio.

 

Permissibility:

 

The proposed development is defined as:

 

1 - A pub and alterations and additions to a pub. A pub is defined as:

 

“Licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises”.

 

Note—

Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.

 

2 - Office Premises which is defined as:

 

“A building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used”.

 

Note—

 

Office premises are a type of commercial premises—see the definition of that term in this Dictionary.

 

3 - Food and Drink Premises which is defined as:

 

“Premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—

 

(a)  a restaurant or cafe,

(b)  take away food and drink premises,

(c)  a pub,

(d)  a small bar.

 

Note—

Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary”.

 

The three land uses are permissible within the B2 Local Centre zone subject to consent.

 

The relevant matters to be considered under the Cumberland Local Environmental Plan 2021 and the applicable clauses for the proposed development are summarised below. A comprehensive LEP assessment is contained in Appendix B.

 

Cumberland Local Environmental Plan 2021 Compliance Table.

 

DEVELOPMENT STANDARD	COMPLIANCE	DISCUSSION
4.3 Height of Buildings 15 metres.	Yes	The building has a maximum height of 14.61 metres.
4.4 Floor Space Ratio 2.0:1	No	The building has a maximum floor space ratio of 2.21:1.
4.6 Exceptions to Development Standards	Yes	Refer to detailed assessment below.
5.10 Heritage	Yes	Significant works are being undertaken to the heritage listed Royal Granville Hotel building, but Council’s heritage consultant considers the works as being consistent with the heritage nature of the building and acceptable for the site.

 

 

Clause 4.6 - Variation to floor space ratio

 

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

 

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

 

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

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

 

Applicant’s Response

 

The objectives of the B2 zone are:

 

“To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area”.

 

The proposed development seeks to maintain an existing heritage listed commercial building and to continue its use as a ‘food and drink premises’ and ‘offices’. The additional courtyard eatery will offer a venue for local people to enjoy food and drink. The additional internal facilities including new retrofitted lift and office space will offer much needed commercial floor close to public transport.

 

“To encourage employment opportunities in accessible locations”.

 

The proposed first and second floor levels offer much needed office space within walking distance from Granville Train Station and several bus routes. The additional spaces are considered to support employment generation.

 

“To maximise public transport patronage and encourage walking and cycling”.

 

Due to the age and heritage significance of the building, the site is not capable of providing any off street parking spaces and relies entirely on public transport. The proposal is within walking distance from Granville Train Station and several bus routes. The site is also within walking distance of Granville’s residential area and it is considered that several end users will be walking to and from the premises.

 

It is our view that the proposed development is entirely consistent with the objectives of the zone and well aligned with the objectives of Clause 4.4. In view of these consistencies and in absence of any significant objections from the local community, the proposal is in the public interest.

 

Planner’s Comments

 

The proposed development will:

 

·        Provide a new restaurant and office space within an area close to public transport.

·        Offer new office space within a suitable location in proximity to services.

·        Will support new employment opportunities.

 

It is considered that the three objectives are complied with and the applicant’s supporting statement is supported. It is also noted that during the notification period. Council received no submissions which suggests that the development would be satisfactory to the location.

 

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

 

Applicant’s Response

 

The objectives of FSR development standard are as follows:

 

(a) to establish a maximum floor space ratio to enable appropriate development density,

 

The subject site is zoned B2 Commercial Centre which anticipates three storey commercial buildings generally built to boundaries as determined by the applicable planning controls. The proposal seeks to fill in the void towards west, contained within the existing established height plane by the subject building. The proposed additions are designed to ensure that the additional gross floor area is contained within the existing building envelope and well within the maximum height standards. The design of the proposal ensures that the existing building envelope is entirely capable of accommodating the additional gross floor area proposed. To the casual observer along both street frontages, the proposal will appear generally as a compliant commercial building. That is, the additional floor space ratio is internalised within the approved building form.

 

The proposal is therefore considered consistent with Objective (a).

 

(b) to ensure that development intensity reflects its locality.

 

The site and immediate surrounding area are zoned B2 Commercial Centre with a maximum height of 15m. This will anticipate three storey commercial buildings generally built to boundaries as reflected in the applicable planning controls. The land to the immediate west of the subject site has a floor space ratio of 2.1:1.

 

The proposed floor space ratio is consistent with the above objective as follows:

 

·    The proposed additions are entirely confined within the existing building envelope and it will not be seen as an overdevelopment of the site.

·    The proposed floor space ratio will not be noticeable to a casual observer and the building will remain consistent with existing and any future commercial building in the immediate vicinity.

·    The proposed extension is sympathetic to the existing fabric of the building as supported by applicants’ heritage consultant and Council’s appointed heritage consultant. It is anticipated that the development will positively contribute to the existing and desired future built character of local area when viewed in connection with the existing and emerging development context.

·    The built form of this development is considered compatible with the context and not of a form that may be interpreted as visually “jarring” from South Street, Russell Street or neighbouring properties.

·    There are no significant views that the proposed addition will block or obscure.

·    There will be no additional overshadowing impacts for the adjoining property to the south and west, primarily due to their existing footprint and openings.

·    The proposal is designed in such a way that there will be no adverse privacy impacts on the adjoining commercial development to the east and south and residential/commercial development to the west.

 

The proposal is therefore consistent with Objective (b).

 

Planner’s Comments

 

the proposed development is determined as being acceptable to the streetscape. Additionally:

 

·    The development raises no height issues.

·    The works are consistent with the heritage nature of the building.

·    The proposed additions are sympathetic to the existing fabric of the building and compatible to the locality and building materials and colours are acceptable.

·    There are no important view lines interrupted by the building works.

·    The shadows created by the new works will fall mainly across commercial / retail premises to the south.

·    Does not create adverse privacy issues to the west or south.

 

It is considered that the development is acceptable in relation to the objectives of the development standard.

 

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

 

Applicant’s Response

 

Compliance with the development standard is unreasonable and unnecessary for the following reasons:

 

·    The development is in the public interest because it is consistent with the objectives of the development standard and the objectives of the zone.

·    The development supports the Granville Town Centre in which food and drink premises and offices are being created close to public transport services.

·    The development supports employment generation.

·    The development is contained within the existing building envelope and within the maximum height limit and result in a building that appears to comply with the floor space ratio provision.

·    The extension is sympathetic to the existing fabric of the building.

·    There are no adverse shadowing or privacy issues being created.

 

Planner’s Comments

 

The development supports the Granville Town Centre and employment generation and all new building works being consistent with Council’s expectations for the site.

 

Council’s heritage consultant has advised in writing that the proposed works are suitable and acceptable and has architectural merit which lays the grounds for supporting the development. As such, the applicants claim may be supported.

 

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

 

Applicant’s Response

 

Contravention of the development standard would result in a more satisfactory environmental planning outcome. The additional floor area is unavoidable due to the following reasons:

         

·    To maintain the fabric of existing heritage listed building.

·    To offer modern facilities and reasonable amenity for the end users of the commercial building.

·    To offer additional gross floor area to ensure long term economic viability of the heritage building.

 

The economic benefits of additional floor area towards continued commercial use of a heritage listed building should be given weight in the consideration of the variation request.

 

Specifically:

 

·    The proposal is consistent with the objectives of Clause 4.4 of the Cumberland Local Environmental Plan 2021.

·    The additional gross floor area does not significantly alter the character or presentation of the existing building in terms of its relationship with adjoining buildings nor does it bring with it a form of development on the site that is noticeably larger than the surrounding development. That is, the non-complaint element will not bring with it a form greater than anticipated by the relevant development standards and controls.

·    The contravention to the floor space ratio development standard does not result in a built form that is visually ‘’jarring’’ or out of context with the surrounding development.

·    There is an absence of any significant material impacts attributed to the proposed breach on the amenity or the environmental values of surrounding properties.

·    There will be no additional overshadowing impacts on the adjoining buildings to the south and west, primarily due to their existing footprint and openings.

There will be no adverse visual privacy impacts on adjoining properties.

·    The acoustic report and plan of management submitted with the development application confirms that any acoustic impacts on adjoining properties will be within industry acceptable standards.

·    There will be no adverse impacts on the existing streetscape or built character of the locality.

 

             Planner’s comment:

 

It is considered appropriate to support the development for the following reasons:

 

·    The proposal is consistent with the objectives of Clause 4.4 of the Cumberland Local Environmental Plan 2021 and the development is appropriately located within the Granville Town Centre.

·    The additional gross floor area does not significantly alter the character or presentation of the existing building in terms of its relationship with adjoining buildings and the heritage character of the building is retained.

·    There will be no adverse overshadowing impacts onto the adjoining buildings to the south and west and shadows that will occur will crossover commercial properties.

·    There will be no adverse visual privacy impacts onto adjoining properties.

·    There will be no adverse impacts on the existing streetscape or built character of the locality.

 

Conclusion:

 

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

 

It is the view of Council Officers that the justification provided is satisfactory and having considered the application on its merit, the contravention to the floor space ratio development standard is considered acceptable in this instance.

 

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

 

There are no draft planning instruments that needs to be considered under the stated heading.

 

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

 

The Cumberland Development Control Plan 2021 is the applicable development control plan and the following chapters and provisions are relevant to the proposed development.

 

·    Part C - Development in Business zones.

·    Part F2.2 - Granville Town Centre.

·    Part G1 - Advertising and Signage.

·    Part G2 - Heritage

·    Part G3 - Traffic, Parking, Transport and Access (Vehicle).

·    Part G4 - Stormwater and Drainage.

 

A comprehensive assessment and compliance table is contained in Appendix C and D. The following table outlines the variations identified and such variations are described below.

Part	Control	Proposed	Complies
Awnings Part C - Subpart 3.10	Awnings to be a minimum of 2.4 metres deep.	Awning is 2 metres deep.	No
Part G3 - Subpart 3	Car parking rates.   Additional requires 12 spaces at 1 space per 40 square metres of gross floor area.	Nil spaces.	No

 

As indicated in the compliance table above, the proposed development departs from the following:

 

Awnings Part C (Subpart 3.10) - Awnings to be a minimum 2.4 metres deep.

 

Comments

 

The awning will be extended along the Russell Street frontage but will only be 2 metres deep. This will be a variation to the current awning which is approximately 3 metres deep and will result in a variation to the control of 16%

 

It is possible to achieve compliance; however it is noted that a street tree will be impacted by an enlarged awning and Council’s heritage consultant did not raise any concerns with the variation.

 

Given the presence of the street tree, it is considered appropriate to support the awning that is 2 metres deep. The variation of 400 mm or 16.6% is considered reasonable. This is further reinforced by the fact that Council’s heritage consultant did not raise any visual concerns in relation to the size of the extended awning along the Russell Street frontage of the site.

 

 

Car parking Part G3 (Subpart 3) - Parking Rate

 

The pub on site was constructed in 1884 at a time when motor vehicles did not exist, car parking rates would not have been a consideration during the initial design and construction of the building. As such, there are no car parking spaces presently provided on site.

 

The development will require 1 car space per 40 square metres for the food and drink premises and offices. As such, the car parking rate is the same across the whole development.

 

The current shortfall of car parking is 31 spaces which will increase by 12 spaces to 43 spaces. Council’s engineers have assessed the traffic study and advises that the development is not supported for the following reasons:

 

·    A minimum of 12 additional off street car parking spaces is required to support the development with an appropriate driveway access to the public road.

·    A minimum of 1 off street loading bay is required.

·    A car space is required for people with disabilities.

·    There is no provision for parking bikes on site.

 

In response to the concerns raised by the engineer, a Traffic Impact Assessment report prepared by Multipro Consultants Pty Ltd and dated May 2022 has considered the issue of car parking. A request is made to support the development notwithstanding the variation of car parking identified on merit for the following reasons:

 

·    The site is located 100 metres from the Granville Railway Station and train services to Parramatta, Richmond, Liverpool and to the city are readily available.

·    The site is located within walking distance to bus services including services to Parramatta, Hurstville, Fairfield and other suburban areas.

·    There is a car park facility within 200 metres of the site.

 

The traffic study is recommending the following:

 

·    Permanent staff use public transport.

·    Management should publicise on the official website on how to get to the hotel using public transport.

·    Carpooling be encouraged by patrons.

·    During all hours of operation, a dedicated staff member should be made responsible for organising transport (Taxi/Uber) for their patrons as needed.

·    Clear signage be made at the entrance of the premises advising patrons to be respectful of the parking needs of other businesses and residents within the area if they choose to park on the streets.

·    Any lease agreement for the first and second floors should incorporate clear advisory notes that the premises do not offer off street car parking and staff should rely on public transport.

·    Staff and security personnel be encouraged to report improper or illegal parking of any patrons of surrounding streets.

 

Planning considerations

 

Given the absence of car parking and the inability to provide on-site car parking, the applicant is relying on public transport and patron management to address the car parking issue. It is agreed that the site is situated close to train and bus services making public transport a viable option for use and there is a public car park within 200 metres of the site opposite the railway line. While Council engineers do not support the development, it is considered appropriate to support the development on merit.

 

The building is a heritage item and the provision of on site car parking would have a negative impact upon the building, including the need to demolish parts of the western side of the heritage listed building, which would not be supported.

 

It is also identified that the heritage building is being protected and retained.

 

It is noted that a detailed survey of how patrons arrive and depart the premises is not provided within the traffic study as the proposed uses are new to the site and it is difficult to provide such data.

 

Should the Panel support the development on merit, it is considered appropriate to condition any consent such that the recommendations of the traffic report are complied with. The recommendations of the traffic report provide reasonable and suitable approaches to managing traffic and car parking on a site that has no viable options available in relation to onsite car parking.

 

 Proposed condition number 79 attached to the recommendation addresses the matter.

 

Loading and unloading

 

A loading zone is provided directly at the front of the pub on Russell Street which is not subject to change. While it is available for the use of other businesses for loading and unloading purposes, the loading zone will continue to be available to the premises for such operations.

 

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 2021.

 

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

 

The Plan of Management addresses such matters as:

 

·    Operation of the terraces associated with the offices.

·    Maximum intensity of use of the ground floor eatery and operations of the rooftop terrace.

·    Noise controls.

·    Prevention of access to the first and second storey offices by patrons and the installation of a swipe card system.

Conditions 74, 76, 77 and 78 attached to the recommendation addresses details within the plan of management and the 4 items stated above. This will ensure 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 are 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 (Website)

Mail

Sign

Not Required

 

In accordance with Council’s Notification requirements contained within the Cumberland Development Control Plan 2021, the development application was publicly notified to occupants and owners of the adjoining properties for a period of fourteen (14) days between Friday 18 March 2022 and Friday 1 April 2022. In response, Council received 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.

Cumberland Local Infrastructure Contributions Plan 2020

 

In accordance with the Cumberland Local Infrastructure Contributions Plan 2020, Contribution Plan a contribution of $26,444 is payable prior to the issue of a construction certificate. This is addressed at Condition number 18 and 19 attached to the recommendation.

 

The development application has been assessed in accordance with the following;

 

·    Environmental Planning and Assessment Act 1979.

·    State Environmental Planning Policy (Biodiversity and Conservation) 2021.

·    State Environmental Planning Policy (Resilience and Hazards) 2021.

·    State Environmental Planning Policy (Industry and Employment) 2021.

·    State Environmental Planning Policy (Transport and Infrastructure) 2021.

·    Cumberland Local Environmental Plan 2021.

·    Cumberland Development Control Plan 2021.

 

The proposed development is appropriately located within the B2 Local centre zone under the provisions of the Cumberland Local Environmental Plan 2021 however, variations in relation to Clause 4.4 (Floor space ratio) of the Cumberland Local Environmental Plan 2021, and Part C (Subpart 3.10) - Depth of awnings and Part G3 (Subpart 3) - Car Parking Rates of the Cumberland Development Control Plan 2021 are 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 of the Environmental Planning and Assessment Act 1979, and the development may be approved subject to conditions.

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

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

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

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

 

 

Report Recommendation: 1.   That the applicants written request to contravene the development standard relating to floor space ratio as contained within Clause 4.4 of the Cumberland Local Environmental Plan 2021 be supported.   2.   That Development Application 2022/0097 to construct a new and a new outdoor smoking room on the ground floor, construct new office space and terraces across Levels 1 and 2, construct a rooftop terrace to the building on land at 16-20 South Street and 2A Russell Street Granville be approved subject to conditions as recommended in Council’s assessment report.

 

1.      Draft Notice of Determination  

2.      Architectural Plans  

3.      Clause 4.6 Statement for FSR Variation  

4.      Heritage Impact Statement  

5.      Council's Heritage Assessment  

6.      Appendix A - SEPP (Industry & Employment 2021) Assessment Table  

7.      Appendix B - Cumberland Local Environmental Plan 2021 - Compliance Table  

8.      Appendix C - Cumberland Development Control Plan 2021 - Compliance Table  

9.      Appendix D - Cumberland Development Control Plan - Heritage Assessment Table  

10.    Approved Elevation Plans under DA193/2013   

 

Attachment 1

Draft Notice of Determination

 13 July 2022

Attachment 2

Architectural Plans

 13 July 2022

Attachment 3

Clause 4.6 Statement for FSR Variation

 13 July 2022

Attachment 4

Heritage Impact Statement

 13 July 2022

Attachment 5

Council's Heritage Assessment

 13 July 2022

Attachment 6

Appendix A - SEPP (Industry & Employment 2021) Assessment Table

 13 July 2022

Attachment 7

Appendix B - Cumberland Local Environmental Plan 2021 - Compliance Table

 13 July 2022

Attachment 8

Appendix C - Cumberland Development Control Plan 2021 - Compliance Table

 13 July 2022

Attachment 9

Appendix D - Cumberland Development Control Plan - Heritage Assessment Table

 13 July 2022

Attachment 10

Approved Elevation Plans under DA193/2013

 13 July 2022

 13 July 2022

 

Item No: LPP038/22

Development Application - 15 Neil Street, Merrylands

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA2022/0131  

 

 

 

1.      Development Application 2022/0131 was accepted on Wednesday 16 March 2022 for alterations and additions to an approved mixed use development including the provision of an additional 8 residential storeys accommodating an additional 30 apartments, minor amendments to existing apartment layouts, minor amendments to the basement car park layout and modifications to the design and materials of the development.

 

2.      The application was publicly notified to occupants and owners of the adjoining properties for a period of fourteen days between Friday 1 April 2022 and Friday 15 April 2022. In response, Council received 2 submissions.

 

3.      The variations are:

Control	Required	Provided	% variation
Part 3F - Visual privacy and separation distances.   Apartment Design Guide.	12 metres - habitable rooms to a boundary.   6 metres for non habitable rooms to a boundary.	Eastern side of building at Level 13 and 14 - 2 bedroom windows setback 2.2 and 4 metres from the boundary.   Eastern side of building at Level 15 - living room windows setback 4 metres and terraces setback 2.2 metres. Bedroom windows setback 4 metres.	63.4%.             66.7% for the living room windows.   81.7% for the terrace.   33.3%.
Part 4A-1 - Solar and daylight access.   Apartment Design Guide.	15% of apartments receive no sunlight midwinter.	For new development - 7 apartments.   For entire development - 14 apartments.	23.3%.       24%.
Part 4D2 - Habitable room depths.   Apartment Design Guide.	8 metres from a window.	NE facing apartments are 8.6 metres.	7.5%.
Clause 4.3 Height of buildings - CLEP 2021.	54 metres.	55.8 metres.	3.3%.
Part 3.1 Building Envelope (Side setbacks).   Part B3 Residential Flat Buildings Chapter CDCP 2021.   Similar provisions at Chapter C (Part 3.2 and Subpart C6) and Chapter F2 (Part 3.3.5 Subpart C5) CDCP 2021.	3 metres.	2.2 metres	26.6%.

 

4.      The development application is referred to the Panel as the proposal is an apartment building for which State Environmental Planning Policy 65 “Design Quality of Residential Apartment Development” applies.

 

5.      The application is recommended for approval subject to conditions as recommended in the Council assessment report.

Subject Site and Surrounding Area

The site has a legal description of Lot 1 in DP 1225307 and is known 15 Neil Street, Merrylands. The site is located within the “Merrylands Neil Street Precinct” and situated on the northern side of Neil Street, the eastern side of McLeod Road and the southern side of Dressler Court. The site has a splayed frontage of 36.84 metres to Neil Street, which is the southern boundary of the site with a total area of approximately 765 square metres or 673 square metres which excludes the area zoned RE1 and earmarked for acquisition.

Most of the site is within zone B6 Enterprise Corridor while the western part of the site is within zone RE1 (Public Recreation). The part of the land that is zoned RE1 (Public Recreation) is also shown in the Cumberland Local Environmental Plan 2021 as being earmarked for acquisition as open space. The basement car park supporting the development encroaches into the area earmarked for acquisition but this is approved and no change is proposed.

The site is generally flat with a slight fall towards the north western corner. The site is situated within that part of Merrylands that is undergoing a transition with the construction of 8 to 16 storey residential apartment buildings recently being completed within the immediate locality.

The site is situated close to the town centre of Merrylands which includes Stockland Merrylands Mall that provides extensive shopping facilities and services to the area and a railway station / public transport node.

The site being Lot A benefits from development consent DA2012/493/1 for the demolition of existing structures, subdivision of the land into 2 lots and construction of a 9 storey mixed use building containing 28 residential apartments and 2 commercial units (Lot A) and a part 7 / part 8 storey residential flat building containing 59 units on Lot B totalling 87 apartments (being 7 x 1 bedroom + study, 65 x 2 bedroom, 7 x 2 bedroom + study and 8 x 3 bedroom) above 3 levels of basement parking containing 122 car spaces including the provision of new roads, site works and landscaping.

 

Construction work across Lot B has been completed.

 

In addition to the above, there are other matters to consider as follows:

 

·   A railway line being located approximately 98 metres to the east.

·   McLeod Road having a left turn in / left turn out to maintain satisfactory vehicle circulation within the locality.

 

The site is burdened by two easements being:

 

·   A - Easement for electricity purposes.

·   B - Easement for drainage.

 

There are other easements being:

 

·   C - Easement for services but this is situated on land to the immediate north which is not part of the development site. The easement will allow a future driveway to pass over the land connecting the basement car park with Dressler Court.

·   S - Easement for Support. This easement is located across the adjoining site to the north zoned RE1. The easement encompasses the common open space area.

The location of the site and aerial photo is provided below.

 

The zoning of the land is provided below. The western part of the site is zoned RE1 Public Recreation however the land has not been subdivided and the area shown RE1 has not been dedicated to Council.

 

Photos of the site taken Friday 1 April 2022 shows the completed building on Lot B and vacant land known as Lot A.

Description of The Development

Development Application 2022/0131 is proposing alterations and additions to an approved 9 storey mixed use commercial / retail apartment building at 15 Neil Street Merrylands.

Currently, there is consent in place for 9 storey mixed use commercial / apartment building housing 28 apartments, 1 commercial / retail tenancy and a 6 level basement car park for 99 vehicles on Lot A. Vehicle access to and from the building is approved from Dressler Court.

The development application is proposing the following additional works.

·   Construct an additional 8 storeys to the approved development encompassing 30 additional apartments including 24 x 2 bedroom apartments, 5 x 3 bedroom apartments and 1 x 4 bedroom apartment.

 

As a result of the above, the development will now feature 58 apartments comprising of 45 x 2 bedroom apartments, 12 x 3 bedroom apartments and 1 x 4 bedroom apartment. In addition, the height of the building will increase to 17 storeys which includes the rooftop access, storage room and services.

 

·   Provide a useable rooftop terrace area occupying 191 square metres which includes amenities. When compared to the original plans. The rooftop terrace occupied 280 square metres but no amenities, landscaping areas or services can be identified on the plans. While the rooftop common space is smaller, it is now provided with amenities and landscaping including a BBQ facility which will improve its use and functionality.

 

There are minor alterations to the approved basement car park levels but limited to changes in line marking of car parking spaces, a reduction of 8 car parking spaces from 99 to 91 and alterations and additions to services and utilities.

 

The development application includes amendments / adjustments to the approved design scheme across the ground floor of the building including:

 

·   A minor alteration to the position of the driveway.

·   Alteration to the main entry doors and the introduction of a ground floor entry facing Neil Street. This includes the addition of an awning overhanging into the Neil Street public domain area. It is considered appropriate not to support that part of the awning that overhangs into the public domain. It is recommended that the awning be contained within the boundary of the site and the matter is at condition 8 attached to the recommendation.

·   Alterations to the north facing access doors and fire escapes within the northern elevation of the building.

·   An increase in the size of the commercial tenancy from 119.8 square metres to 138 square metres.

·   Alterations to the approved stormwater system.

 

There are minor amendments to the apartments across Levels 1 to 7 of the building which includes:

 

·   Alterations to the 3 bedroom apartment on each level including the bedrooms, living areas and balconies. The changes are relatively limited in extent and do not alter the configuration of the affected apartments. The changes include the adjustment of walls and windows.

·   Alterations to the balconies, balustrades and windows of the north facing apartments.

·   An addition of one extra bedroom to apartments numbered 23 and 27 on Levels 6 and 7 so that they become 3 bedroom apartments.

·   Alterations to the design and building materials of the development.

 

The details of the proposed changes are outlined in the table below:

 

Components	Based upon Approval under Modification 2012/493/3	As proposed in Development Application 2022/0131
No of storeys.	9 (Includes the rooftop access level).	17 (Includes the rooftop access level).
No. of apartments.	28.	58.
Basement levels.	6.	6.
Car parking spaces.	80 Residential car parking spaces. 13 Visitor parking spaces. 6 Commercial parking spaces.   Total - 99 car parking spaces.	71 Residential car parking spaces. 12 Visitor parking spaces. 8 Commercial parking spaces. 1 car wash bay shown.   Total - 91 spaces excluding the car wash bay.
Commercial premises.	1 - Approved at 119.8 square metres.	1 Modified and now occupying an area of 138 square metres.
Residential unit mix	21 x 2 bedroom apartments. 7 x 3 bedroom apartments.	45 x 2 bedroom apartments. 12 x 3 bedroom apartments. 1 x 4 bedroom apartment.

The altered development will feature a gross floor area of 5,713.7 square metres resulting in a floor space ratio of 8.49:1 and a maximum building height of 55.8 metres to the topmost part of the lift shaft.

History

The following applications have been approved to date for the development site.

1.      Development application 2012/493/1 for demolition of existing structures; subdivision of land into 2 lots and construction of a 9-storey mixed use building containing 28 residential units and 2 commercial units on Lot A and a part 7 part 8 storey residential fat building containing 59 units on Lot B totalling 87 units (being 7 x 1 bedroom + study; 65 x bedroom, 7 x 2 bedroom + study and 8 x 3 bedroom); above 3 levels of basement parking containing 122 car spaces, provision of new roads, site works and landscaping.

This was approved as deferred commencement consent on Monday 28 October 2013 subject to conditions.

2.      Modification application 2012/493/2 was issued on Wednesday 6 May 2015 for minor alterations to Building A including modifying the vehicle access point, basement car park and Schedule A conditions. The modification consent allowed the original deferred commencement consent to become operative following changes to the conditions.

 

3.      Modification application 2012/493/3 was issued on Wednesday 20 April 2016 for two additional levels of basement car parking to support Building A and minor internal changes to the ground floor of the building. The consent incorporated changes to Building B but they are not relevant to the building the subject of the latest application.

4.      Modification application 2012/493/8 was issued on Friday 17 April 2020 to modify conditions to introduce staged works for Buildings A and B.

5.      A Planning Proposal was undertaken for the precinct between 2014 and 2017 to amend the planning controls including the heights and floor space of buildings and to amend the zoning controls of the precinct (Number HC-23-11-18). The Planning Proposal was affected on Monday 27 June 2016. The current Cumberland Local Environmental Plan 2021 provides for a floor space ratio of 8.5:1 and building height limit 54 metres.

6.      A pre lodgement Meeting (PL2021/0100) was held with Council on Thursday 14 October 2021 for alterations and additions to the approved development. The pre lodgement notes were issued on Thursday 25 November 2021 and the applicant was required to address issues such as excess floor space ratio, height and compliance with the planning instruments as part of any future development application to be made.

7.      The subject development application was accepted by Council on Wednesday 16 March 2022 for assessment and determination.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Think Planers and dated Tuesday 15 February 2022 which was accepted by Council on Wednesday 16 March 2022.

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 subject to conditions.

Environmental Health Officer

The development application was referred to Council’s Environmental Health Officer for comment who has advised that the development proposal is satisfactory subject to conditions. There are conditions addressing such matters as noise and acoustics and dust controls.

Waste Management Officer

The development application was referred to Council’s Waste Management Officer for comment who has advised that the development proposal is satisfactory. There are no conditions required.

External Referrals

Design Excellence Panel

The original pre lodgement application 2021/0100 was first referred to the Cumberland Design Excellence Panel with a meeting being held on Thursday 11 November 2021 for discussion and comment. This occurred because the proposed building exceeded a height of 25 metres.

The Cumberland Design Excellence Panel did not support the proposed development.

The Panel is of the view that the new requirement for design excellence due to the additional height is challenging, if not impossible to achieve without reconsideration of the building design as a whole (i.e. updating the 8 floors of the original approved design) required.

The Panel did not support the proposed increased development (16) storeys as presented at the pre lodgement stage. The Panel advised the applicant to address the recommendations of their report with appropriate design amendments made for further review at the development application stage.

Following the lodgement of the development application, the proposal was presented to the Cumberland Design Excellence Panel on Tuesday 12 April 2022. The Panel did not support the proposal. The Panel’s comments of November 2021 and April 2022 are attached to the assessment report as appendixes for Panel consideration.

Following from the comments provided by the Panel, the applicant provides the responses below to address the issues raised.

·        Replanning the ground plane and pedestrian and vehicular access into the building to achieve improved amenity to the public realm and the apartments.

Applicant’s response

The ground floor has been the subject of a redesign and the main pedestrian entrance is now from Neil Street. The ground floor including levels have been adjusted to allow for the changes. An awning is introduced into the front of the development to provide shelter.

 

Planner’s comment

The ground floor of the development has been redesigned to improve pedestrian access and overall amenity.

·        Replanning each floor to increase the number of apartments receiving winter sunlight, whilst maintaining summer shading. This should take into consideration the potential reduction of sunlight due to any adjoining buildings that may overshadow the site.

Applicant’s response

As per correspondence of Thursday 19 May 2022, no changes to apartment layout is proposed because the development achieves 75% solar access which complies with the Apartment Design Guide.

Planner’s comment

As per the Apartment Design Guide at Part 4A-1, at least 44 or 58 apartments or 76% of the total number within the development will receive adequate solar penetration. The applicant’s statement is therefore supported.

·        Consideration be given to reorienting the entry to the south to allow apartments access to the full northern elevation.

 

·        Replanning each floor to provide natural cross-ventilation to all apartments. The apartments should have windows on two differently oriented faces of the building to provide genuine passive cooling. The effectiveness of the cross ventilation design should be demonstrated with diagrams.

Applicant’s response

As per correspondence of Thursday 19 May 2022, the requirement for the vehicle access ramp from Dressler Court limits where the building core can be placed. The building core cannot be relocated.

A new entry is incorporated into the southern elevation at ground level to improve connectivity to Neil Street.

The building achieves cross ventilation to 81% of the total number of apartments as demonstrated by the cross ventilation diagrams submitted.

Planner’s comments

The plans are now showing a pedestrian access from Neil Street which improves amenity and pedestrian access to the building.

The building achieves cross ventilation to 46 apartments which is 79.4% of the total number of apartments within the building. Compliance with the Apartment Design Guide in relation to cross ventilation is achieved.

·        The roof top common space should incorporate generous weather protection, wind protection, attractive hard landscaping with appropriate soft landscaping with consideration given to additional items which provide genuine communal amenity in addition to the BBQ, such as built-in or loose seating, tables and lounges. Loose furniture should be selected to suit the environmental conditions and located in safe, well-protected conditions created through the developed design.

Applicant’s response

The common area roof terrace has been modified and furniture is added. Additionally, planter boxes and landscaping are added in accordance with the recommendation of the wind assessment report.

Planner’s Comment

The rooftop common area is improved with amenities, outdoor furniture, planting and a BBQ facility to ensure its use. While it is smaller in area at 191 square metres or the equivalent of 28.3% of the site, it still complies with part 3D-1 of the Apartment Design Guide which requires a common area to occupy at least 25% of the site area, albeit located at the roof top consistent with the original approval. Furthermore, there will be opportunity for the intended occupants to use the adjoining public open spaces to the north and west of the site for recreational activities.

·        Increase the internal floor heights to maintain internal amenity for residents.

Applicant’s response

As per correspondence of Thursday 19 May 2022, floor to ceiling heights of each floor is compliant with the Apartment Design Guide.

Planner’s Comment

The floor to ceiling heights of each level is 2.7 metres which is compliant with Part 4C-1 of the Apartment Design Guide which requires a minimum floor to ceiling height of 2.7 metres. It is also identified that the floor to floor height is generally 3.1 metres.

·        The potential impacts of the height increase will need to be clearly addressed and ameliorated.

Applicant’s response

The height of the development has been decreased and the bulk and scale of the lift overrun has been reduced. Amendments have been made to the roof area to reflect the changes made.

Planner’s Comment

The height of the development has been decreased and the lift overrun structure is significantly improved. The improves the overall appearance of the building which includes a minor reduction in shadowing.

Final comment

It is considered that the changes made to the plans by the architect generally address the issues raised by the Cumberland Design Excellence Panel. As such, the development as amended, is supported by Council officers and the level of servicing and amenities is improved for future residents. It is also noted that the development generally complies with the amenity controls of the Apartment Design Guide.

Endeavour Energy

The development application was referred to Endeavour Energy for Comment. As per advice of Tuesday 29 March 2022, there are no objections raised to the development. Condition 3 attached to the condition set addresses the matters raised by Endeavour Energy.

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:

State Environmental Planning Policy No. 65 - (Design Quality of Residential Apartment Development).

State Environmental Planning Policy 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.

It is considered that the proposal is generally compliant except for the provisions as shown in the table below.

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

Control	Required	Provided	Yes / No
Part 3F - Visual privacy and separation distances.	For over 25 metres or 9 storeys.   12 metres - habitable rooms to a boundary.   6 metres for non habitable rooms to a boundary.   (Distances between buildings on the same site to be combined depending on type of room.	Eastern side of the building is situated on the boundary and the plans show:   ·   A solid wall element to Level 12. ·   2 bedroom windows facing east on Levels 13 and 14 being setback 2.2 and 4 metres from the eastern boundary.   ·   Living room windows setback 4 metres and terraces setback 2.2 metres from the eastern boundary on Level 15. ·   2 bedroom windows setback 4 metres from boundary on Level 15.	No for the eastern elevation on levels 13 to 15.
4A-1 - Solar and daylight access.	Maximum of 15% of apartments receive no sunlight midwinter.	Of the new apartments, 7 will not have sunlight at the winter solstice being 23%.   For the whole development, 14 apartments will not have sunlight at the winter solstice being 24%.	No         No
Part 4D2 - Habitable room depths.	Habitable room depths should not exceed 8 metres.	The habitable room depths for the NE facing apartments are 8.6 metres creating a variation of 600 mm or 7.5%	No

 

The variations presented above are described below.

 

1 - Part 3F - Visual Privacy and Separation Distances - The following setbacks are required:

 

For buildings over 25 metres or 9 storeys.

·    12 metres for habitable rooms to a boundary.

·    6 metres for non habitable rooms to a boundary.

 

(Distances between buildings on the same site to be combined depending on type of room).

 

The east facing windows encompassing:

 

·    Bedroom windows on the 13th and 14th storey.

·    Bedroom windows, a living area window and a terrace on the 15th storey.

 

Are setback 2.2 to 4 metres from the eastern boundary of the site.

 

·    The variation for the bedroom windows ranges from 33.3% to 63.4%.

·    The variation for the top floor terrace is 81.7%.

·    The variation for the top floor east facing living area is 66.7%.

 

 

The variation is considered acceptable on the following grounds.

 

·    The windows overlook the roof of the adjoining building and not to apartments.

·    The windows of the affected apartments are not visible from any habitable west facing window of the adjoining eastern development. Further, the west facing windows of the adjoining building comprise corridor windows and non habitable windows such as bathrooms.

·    The windows and top floor terrace are recessed away from the eastern boundary to promote privacy for the top floor apartments.

·    View lines from the affected apartments / windows are not oriented directly towards the eastern building but east towards the railway line and more distant apartment buildings.

It is considered that on privacy grounds, the development in its current form has merit and should be supported.

4A-1 - Solar and daylight access - Maximum of 15% of apartments receive no sunlight midwinter.

Of the new apartments, 7 will not have sunlight at the winter solstice being 23%.

For the whole development, at least 14 apartments will not have sunlight at the winter solstice being 24%.

The previous approval provided for 7 apartments to receive no direct sunlight at the winter solstice which equated to 25% of the total number within the development.

Within the latest application, the variation in percentage terms is 24%. As such, the variation is marginally reduced by 1 percentage point. In relation to the entire development, the number of apartments that face the south in percentage terms is generally consistent with the original consent issued.

It is also identified that all the apartments are offered extensive view lines due to the wide setbacks being provided. As such, all the apartments will have adequate levels of daylight and the BASIX Certificate submitted demonstrates satisfactory compliance with the relevant water and energy provisions.

It is considered appropriate to support the variation identified.

Part 4D2 - Habitable room depths - Habitable room depths should not exceed 8 metres.

The habitable room depths for the north east facing apartments are 8.6 metres creating a variation of 600 mm. The variation is limited to that part of the kitchen that will feature space for a refrigerator, cupboards and relevant support services. It is considered that an adverse amenity is not being created by the minor variation of 600 mm or 7.5%.

Local Environmental Plans

The provision of the Cumberland Local Environmental Plan 2021 is applicable to the proposed development. It is noted that the development achieves compliance with most of the provisions of the Cumberland Local Environmental Plan 2021 except for building height.

(a)     Permissibility:

The proposed development is identified as being shop top housing which is defined by the Cumberland Local Environmental Plan 2021 as being:

“one or more dwellings located above the ground floor of a building, where at least the ground floor is used for commercial premises or health services facilities”.

Note—

Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.

Shop top housing is a permissible form of development on the site within the B6 Enterprise Corridor subject to consent as prescribed in Schedule 1 (Clause 24) Additional Permitted Uses of the Cumberland Local Environmental Plan 2021.

Note: The approved basement car park is situated across land zoned both B6 Enterprise Corridor and RE1 (Public Recreation). The minor changes sought to the basement car park would be permissible with consent within both zones across the site on the grounds that the basement car park forms part of the approved and proposed development.

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

The main provisions of the Cumberland Local Environmental Plan 2021 relevant to the development are prescribed in the table below.

DEVELOPMENT STANDARD	COMPLIANCE	DISCUSSION
4.3 Height of Buildings 54 Metres maximum.	No	The development has a height of 55.8 metres resulting in a variation of 1.8 metres or 3.3%.
4.4 Floor Space Ratio. 8.5:1 Maximum.	Yes	The development exhibits a floor space ratio of 8.49:1 which is compliant.   Note   The floor space ratio is based on a site of 673 square metres excluding the area zoned RE1.
4.6 Exceptions to Development Standards.	Yes	The Clause 4.6 Variation request is assessed as being satisfactory.
Flood prone land.	Yes Satisfactory based on Engineers assessment.	The land is prone to flooding and overland flow; however, Council engineers have supported the development.

 

Clause 4.6 - Variation to Building Height Limit

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

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

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

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

The applicant has provided a justification addressing the matter.

Applicant’s justification

 

The proposal is consistent with the objectives of the B6 - Enterprise Corridor Zone, being:

 

·    To promote business along main roads and to encourage a mix of compatible uses.

·    To provide a range of employment uses (including business, office, retail and light industrial uses).

·    To maintain the economic strength of centres by limiting retailing activity.

 

The proposal is consistent with the zone objectives in which the high density nature of the zone is retained and there is no significant change to the character of the locality. In addition, the proposal complements and enhances the local streetscape by virtue of the careful siting of the development as per DA2012/943.

Planner’s comment

 

It is considered that:

 

·    The development is compatible to the Merrylands Town Centre and consistent with the form of development envisaged by the planning controls that apply to the site.

·    Integrates residential and commercial development in an accessible location within the Merrylands Town Centre close to public transport services such as rail and bus services.

·    Provides high density residential development close to a retail centre but does not compete with the centre.

 

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

The applicant has provided a justification addressing the matter.

Applicant’s justification

In accordance with the provisions of this clause it is considered that compliance with the   development standard is unreasonable or unnecessary in the circumstances of the case as the underlying objectives of the control are achieved.

 

The objectives of the building height development standard are stated as:

 

a)   to establish a maximum height of buildings to enable appropriate development density,

b)   to ensure that the height of buildings is compatible with the character of the locality,

c)   to minimise the visual impact of development,

d)   to ensure sufficient solar access and privacy for neighbouring properties.

 

The proposal remains consistent with the objectives based on the following:

 

a)    The development proposal is consistent with the intent of the maximum height control and will provide an attractive building that addresses the site’s frontages.

b)    The non-compliance is minor in nature with the majority of the building being compliant with the building height control and with the structure associated with the rooftop communal open space and service overruns recessed, its impact to the streetscape is negligible as it will be visually unnoticeable when viewed from the street level and therefore satisfies objective (c).

c)    The departure will not unreasonably impact on the solar access of adjoining properties or the public areas in the vicinity of the site which satisfies objective (d).

d)    The departure does not impact on the achievement of suitable land use intensity (demonstrated by compliance with FSR) and the proposal maintains an appropriate height of 16 storeys, which satisfies objective (b).

 

Due to the minor nature of the variation it will not have any adverse amenity impacts. In this regard:

 

·    The variation will be visually unnoticeable and will have no adverse impact on the physical bulk, height or scale of the development.

·    The variation will not lead to a reduction in solar penetration on site or to adjoining properties including a planned future park nor will it lead to sunlight loss or overshadowing.

·    The proposed variation will not lead to view loss or interrupt views to and from the site.

·    The proposed variation will not lead to a reduction in privacy afforded to existing residents or future residents of the proposal.

The proposal has been designed to ensure that privacy impacts are mitigated and the proposal will not obstruct existing view corridors.

The proposed development will permit the site to develop to its full zoning potential whilst complementing the future vision envisioned for the site by providing an attractive mixed use building that provides good address to the street frontages and complying with key planning controls applying to the proposal.

Detailed shadow analysis demonstrates that an adjoining residential property to the site’s immediate eastern boundary achieves adequate solar access.

The proposal is not located within a low-density area and the proposal represents an appropriate built form on the site.

Planner’s comment

 

The following comments are made:

 

·    The height of the development is generally consistent with the height provisions of the Cumberland Local Environmental Plan at Clause 4.3 and the variation does not impact habitable floor areas of the building.

·    The variations are limited to the lift overrun, fire stairs and associated services that provides rooftop common open space and facilities required by the residents.

·    The site benefits from being close to the Merrylands Railway Station, public transport and Stockland Mall Merrylands and associated services.

·    There are no significant adverse privacy concerns raised given location.

·    The development provides for an adequate level of servicing to sustain the increases that are sought.

·    The floor space ratio of the development is complaint with the floor space ratio provision at Clause 4.4.

·    The tower building provides a suitable urban form to the street corner.

 

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

Applicant’s justification

Strict compliance with the prescriptive building height requirement is unreasonable and unnecessary in the context of the proposal and its particular circumstances.

The proposed development meets the underlying intent of the control and is a compatible form of development that does not result in unreasonable environmental amenity impacts.

The proposal will not have any adverse effect on the surrounding locality, which will be characterised by high density development of comparable height and character.

 

 

Planner’s comment

It is identified that the development largely achieves compliance with most remaining controls that apply to the site and an adequate level of servicing is achieved to service the new part of the development. On the grounds identified, compliance with the development standard is considered unreasonable or unnecessary in the circumstances of the case.

 

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

Applicant’s justification

a) The contravention of the height control does not raise any matter of significance for state or regional environmental planning given the nature of the development proposal and minor nature of the variation.

b) There is no public benefit in maintaining the development standard as it relates to the current proposal as the proposal is consistent with the underlying objectives of the control and the fact that the minor non-compliance does not lead to excessive bulk and scale, and it will not set an undesirable precedent for future development within the locality.

Planner’s Comment

 

It is considered that there are adequate environmental planning grounds to justify contravening the height of the development standard for the following reasons.

 

·    The proposal satisfies the objectives of the B6 zone and the objectives of the building height standards.

·    With Neil Street at the location being 4 lanes wide, adequate separation between the building and future development to the south will be achieved. In this regard, adverse loss of daylight to future developments on the southern side of Neil Street will not occur. In this regard, the shadows created by the building are considered as being acceptable for the site.

·    The variation enables the provision of the rooftop common open space area for the residents of the building which is appropriate for the location.

·    The development does not exhibit excessive bulk and scale.

·    The tower exhibits a slender format with appropriate design facing north, south and west.

Conclusion:

It is the view of Council Officers that justification provided is satisfactory and having considered the application on its merit, the contravention to the maximum building height of Clause 4.3 is considered acceptable in this instance.

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

 

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

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

The Cumberland DCP 2021 is the relevant development control plan to consider which provides guidance for the design and operation of development to achieve the aims and objectives of the Cumberland Local Environmental Plan 2021. A comprehensive assessment and compliance table is contained in Appendix C and D attached to the report.

 

The following chapters are relevant to the development:

 

·    Residential Flat Buildings Chapter - Part B3.

·    Development in Business Zones Chapter - Part C

·    Development in Business Site Specific Chapter - Part F2.

 

An assessment demonstrates that a high degree of compliance is achieved.

Part B3, Subpart 2.1 and 2.2 of the chapter addresses matters relating to compliance with State Environmental Planning Policy 65 - Design Quality of Residential Apartment Development and the Apartment Design Guide. There are variations identified but these have been addressed above and do not need further discussion.

The following table highlights non-compliances with the development control plan which relates primarily to side setbacks:

Part	Control	Proposed	Complies
Part 3.1 Residential Flat Buildings Chapter.   Similar provisions at Chapter C (Part 3.2 and Subpart C6) and Chapter F2 (Part 3.3.5 Subpart C5).	Building Envelope - Side setbacks to be 3 metres.	2.2 metres	No

Discussion

The upper three floor of the development have a setback as close as 2.2 metres from the eastern property boundary. It is considered appropriate to support the variation and the reasons for such action are addressed under Part 3F - Visual Privacy and Separation Distances of the Apartment Design Guide described above.

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 2021 (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 are 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 (Council Website)

Mail

Sign

Not Required

In accordance with Council’s Notification requirements contained within the Cumberland Development Control Plan 2021, the development application was notified for a period of fourteen (14) days between Friday 1 April and Friday 15 April 2022. During the notification period, Council received 2 submissions. The submissions are addressed below as follows.

 

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 Contributions Plan 2020

In accordance with the Contribution Plan a contribution is payable with the amount being $826,479.80. The matter concerning contributions is addressed at conditions 12 and 13 attached to the condition set for Panel consideration.

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 and the following planning instruments:

 

·        State Environmental Planning Policy (Biodiversity and Conservation) 2021.

·        State Environmental Planning Policy (Transport and Infrastructure) 2021.

·        State Environmental Planning Policy (Building Sustainability Index BASIX) 2004.

·        State Environmental Planning Policy No. 65 - (Design Quality of Residential Apartment Development) and the Apartment Design Guide.

·        Cumberland Local Environmental Plan 2021.

·        Cumberland Development Control Plan 2021.

 

The proposed development is appropriately located within the B6 Enterprise Corridor zone under the relevant provisions of the Cumberland Local Environmental Plan 2021.

Variations are requested in relation to:

 

·        Part 3F of the Apartment Design Guide - Visual privacy and separation distances.

·        Part 4A-1 of the Apartment Design Guide - Solar and daylight access.

·        Part 4D2 of the Apartment Design Guide - Habitable room depths.

·        Clause 4.3 of the Cumberland Local Environmental Plan 2021 - Height of buildings.

·        Part 3.1 of Chapter B3 of the Cumberland Development Control Plan 2021 - Building Envelope and related parts at Chapter C - Part 3.2 (Subpart C6) and Chapter F2 -Part 3.3.5 (Subpart C5).

 

The proposal is generally consistent with all other statutory and non-statutory controls applying to the development. The variations have been discussed within the body of the report and considered acceptable. 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.

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

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

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

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

 

Report Recommendation: 1.   That the applicants written request to contravene the development standard relating to building height as contained within Clause 4.3 of the Cumberland Local Environmental Plan 2021 be supported. 2.   That Development Application No. DA2022/0131 for alterations and additions to an approved mixed use development including the provision of an additional 8 residential storeys  accommodating an additional 30 residential apartments, minor amendments to existing apartment layouts, minor amendments to the basement car park layout and modifications to the design and materials of the development on land at 15 Neil Street Merrylands be approved subject to conditions. 3.   Persons whom have lodged a submission in respect to the application be notified of the determination of the application.

 

1.      Draft Notice of Determination  

2.      Architectural Plans, Landscape Plans and Shadow  

3.      Redacted Submissions  

4.      Appendix A - Apartment Design Guide Assessment Table  

5.      Appendix B - Cumberland Local Environmental Plan 2021 Assessment Table  

6.      Appendix C - Cumberland Development Control Plan 2021 Assessment Table - Residential Flat Buildings Chapter  

7.      Appendix D - Cumberland Development Control Plan 2021 Assessment Table - Development in Business Zones and Site Specific Chapters  

8.      Cumberland Design Excellence Panel Notes - 11 November 2021  

9.      Cumberland Design Excellence Panel Notes - 12 April 2022  

10.    Statement of Environmental Effects including Clause 4.3 Variation Request  

11.    Original Approved Plans    

Attachment 1

Draft Notice of Determination

 13 July 2022

Attachment 2

Architectural Plans, Landscape Plans and Shadow

 13 July 2022

Attachment 3

Redacted Submissions

 13 July 2022

Attachment 4

Appendix A - Apartment Design Guide Assessment Table

 13 July 2022

Attachment 5

Appendix B - Cumberland Local Environmental Plan 2021 Assessment Table

 13 July 2022

Attachment 6

Appendix C - Cumberland Development Control Plan 2021 Assessment Table - Residential Flat Buildings Chapter

 13 July 2022

Attachment 7

Appendix D - Cumberland Development Control Plan 2021 Assessment Table - Development in Business Zones and Site Specific Chapters

 13 July 2022

Attachment 8

Cumberland Design Excellence Panel Notes - 11 November 2021

 13 July 2022

Attachment 9

Cumberland Design Excellence Panel Notes - 12 April 2022

 13 July 2022

Attachment 10

Statement of Environmental Effects including Clause 4.3 Variation Request

 13 July 2022

Attachment 11

Original Approved Plans

 13 July 2022

 13 July 2022

 

Item No: LPP039/22

Development Application - 8 -12 Good Street, Westmead

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA2021/0682  

 

 

1.      Development Application No. DA2021/0682 was accepted on 20 December 2021 for the construction of a six storey Residential Flat Building comprising 31 units with two levels of basement parking and associated works

2.      The application was publicly notified to occupants and owners of the adjoining properties for a period of 14 days between 25 February 2022 and 11 March 2022. In response, two (2) submissions were received.

 

3.      On 21 April 2022, a Request for Further Information (RFI) was issued to the applicant identifying various matters of concern including a request for additional acoustic details, a non-compliant Floor Space Ratio (FSR), a building height non-compliance and tree retention.

 

On 23 May 2022, additional information was submitted to Council in response to the abovementioned RFI. A revised clause 4.6 request to vary the height of building development standard was also submitted.

 

4.      The notable variations are as  follows:

CLEP
Control	Required	Provided	% variation
Clause 4.3 Height of Buildings	21m (max)	22.96m	9.3%

 

CDCP
Control	Required	Provided	% variation
Part B1, Clause 3.1 Rear setback	12m (min)	9m	25%
Part B1, Clause 3.2 Basement side setback	1.2m (min)	1m	20%
Part B5, Clause 2.1 Adaptable housing	More than 20 dwellings require 20% adaptable units	16.21% (5 units)	28.57%
Part B5, Clause 2.2 Housing mix	10% or 4 x 1 bedroom     10% or 4 x 3 bedroom	6.4% or 1 x 1 bedroom unit   6.4% or 1 x 3 bedroom units	75%     75%

 

SEPP 65 and ADG
Control	Required	Provided	% variation
Part 3F-1 Setback of balconies to side and rear boundaries	9m	8.8m (approx.)	2.2%

5.      The application is referred to the Panel as the proposal is considered to be sensitive development as it relates to development to which State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development applies and is more than four storeys in height.

6.      The application is recommended for Deferred Commencement Approval subject to conditions as recommended in Council’s assessment report.

Subject Site And Surrounding Area

The subject site is comprised of three (3) lots described as 8-12 Good Street Westmead. The legal description of the lots are Lot 7 DP 9675, Lot 8 DP 9675 and Lot 9 DP 9675. The site is rectangular in shape, has a total area measuring 1,751sqm and is currently void of any natural or built structures as shown in Figure 2.

Immediately adjoining development includes multi storey contemporary residential flat buildings (RFB) to the north and south and older forms of  RFBs on the opposing side of Good Street to the east. Immediately to the west is a five storey residential flat building comprising 46 dwellings and two levels of basement parking which is currently under construction (DA2019/141/1). A power pole and overhead power lines are located above the footpath fronting the site.

The site is zoned R4 Residential and is located at the interface to Cumberland Council’s Local Government Area boundary to the east. The site is buffered by R2 Low Density Residential land to the north and west and B6 Enterprise Corridor zoned land to the south as shown in Figure 1. The Great Western Highway runs perpendicular to Good Street and is located approximately 90m south of the subject site.

The site is identified as being subject to a flood planning level according to Council’s mapping with only a small portion of the southwestern corner of the site being ‘Low Risk (PMF)’ flood liable land.

Figure 1 – Locality Plan of subject site hatched in ‘blue’

Figure 2 – Aerial view of subject site

Figure 3 – Street view of subject site taken 22 June 2022

Figure 4 – Existing development to the north, 14-18 Good Street

Figure 5 – Existing development to the south, 4-6 Good Street

Description of The Development

Council has received a development application for construction of a six storey residential flat building comprising a total of 31 units (consisting of a 2 x 1 bedroom, 27 x 2 bedroom and 2 x 3 bedroom apartments, inclusive of five adaptable units), two basement levels consisting of a total of 41 parking spaces and communal areas located on the roof top and within the northern and western setback areas to the building. The development has a building height of 22.96m, an FSR of 1.48:1.

A breakdown of the development by floor is provided below.

 

Basement 2

 

·    Fourteen (14) residential parking spaces inclusive of one (1) disabled space.

·    One (1) car wash bay is provided.

·    Provision for the parking of nineteen (19) bicycles is provided adjacent to the lift core.

·    Storage space for units and (1) bulky storage room.

 

Basement 1

 

·    Twenty (20) residential parking spaces inclusive of four (4) disabled spaces.

·    Seven (7) visitor parking spaces.

·    Storage space for units and a bin storage room.

·    Tug bin storage device.

·    A mechanical room, a pump room and an MSB/NBN room.

 

Ground floor

 

·    Six (6) x 2 bedroom apartments identified as Units 001, 002, 003, 004, 005 and 006 with associated private courtyards.

·    Units 001, 005 and 006 possesses direct access from Good Street in addition to access via an internal corridor within the building.

·    A temporary bin storage area is provided adjacent to the eastern side of the driveway.

·    Landscape area is provided within the northern and western side setbacks.

·    An outdoor communal area is situated in the south eastern corner of the site.

 

Level 1 to 3

 

·    Six (6) x 2 bedroom apartments identified as Units 101, 201, 301, 102, 202, 302, 102, 203, 303, 104, 204, 304, 105, 205, 305, 106, 206 and 306.

·    Each level has one (1) adaptable unit identified as Units 102, 202 and 302.

·    Level 4

·    A total of four (4) apartments consisting of one (1) x 1 bedroom, two (2) x 2 bedroom and one (1) x 3 bedroom units are proposed on this level identified as Units 401, 402, 403 and 404.

·    Unit 401 contains a second level master bedroom with an ensuite on Level 5.

·    Unit 402 is an adaptable unit.

 

Level 5

 

·    A total of three (3) apartments consisting of a 1, 2 and 3 bedroom units are located on this level and are identified as Units 501, 502 and 503.

·    Unit 501 is an adaptable unit.

 

Roof

 

·    215.98sqm of communal open space is located on the roof level and consists of a pergola over a BBQ area.

·    A communal bathroom and plant room is provided.

·    Landscaping is proposed around the perimeter of the roof level.

 

 

Figure 6 – Montage of the proposed development

History

On 9 February 2016, a development application (DA2015/222/1) was approved under delegated authority for ‘demolition of existing structures; consolidation of 3 lots into 1 lot; construction of a 5 storey residential flat building comprising 33 units over basement parking accommodating 40 carparking spaces’.

Demolition of the subject site was undertaken to completion in 2018 in accordance with development consent DA2015/222/1.

On 30 June 2021, Pre-lodgement advice (PL2021/0048) was provided for a development involving ‘alterations and additions to an approved residential flat building, to introduce an additional storey, reduce units from 33 to 31, changes to apartment mix reconfiguration and changes to basement level’.

 

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by The Planning Hub dated 16 November 2021 and was received by Council on 20 December 2021 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 subject to the imposition of a ‘Schedule A’ condition relating to the creation of an easement and the inclusion of ‘Schedule B’ conditions of consent.

Environment and Health

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

Tree Management Officer

The development application was referred to Council’s Tree Management Officer for comment who has advised that the development proposal is satisfactory subject to the imposition of conditions of consent.

Waste Management

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

External Referrals

Endeavour Energy

The development application was referred to Endeavour Energy for comment who has advised that no objection is raised subject to conditions of consent relating to the required energy infrastructure for the development.

 

Transport for NSW (TfNSW)

The development application was referred to TfNSW for comment who has advised that no objection is raised noting that traffic generation is not likely to adversely impact the classified road network.

Sydney Water Corporation

The development application was referred to Sydney Water for comment who has advised that no objection is raised subject to the inclusion of conditions of consent to ensure water and wastewater servicing is provided to the development.

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 (Resilience and Hazards) 2021 (Resilience and Hazards SEPP) – Chapter 4 Remediation of Land

Chapter 4 of the Resilience and Hazards SEPP 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 4.6 have been considered in the assessment of the development application.

 

Matter for Consideration	Yes/No
Does the application involve re-development of the site or a change of land use?	Yes  No
Does the application involve re-development of the site or a change of land use?	Yes  No
In the development going to be used for a sensitive land use (e.g.: residential, educational, recreational, childcare or hospital)?	Yes  No
Does information available to you indicate that an activity listed below has ever been approved, or occurred at the site? acid/alkali plant and formulation, agricultural/horticultural activities, airports, asbestos production and disposal, chemicals manufacture and formulation, defence works, drum re-conditioning works, dry cleaning establishments, electrical manufacturing (transformers), electroplating and heat treatment premises, engine works, explosive industry, gas works, iron and steel works, landfill sites, metal treatment, mining and extractive industries, oil production and storage, paint formulation and manufacture, pesticide manufacture and formulation, power stations, railway yards, scrap yards, service stations, sheep and cattle dips, smelting and refining, tanning and associated trades, waste storage and treatment, wood preservation	Yes  No
Is the site listed on Council’s Contaminated Land database?	Yes  No
Is the site subject to EPA clean-up order or other EPA restrictions?	Yes  No
Has the site been the subject of known pollution incidents or illegal dumping?	Yes  No
Does the site adjoin any contaminated land/previously contaminated land?	Yes  No
Has the appropriate level of investigation been carried out in respect of contamination matters for Council to be satisfied that the site is suitable to accommodate the proposed development or can be made suitable to accommodate the proposed development?	Yes  No
Details of contamination investigations carried out at the site:   The applicant has submitted a Preliminary Site Investigation (PSI) prepared by STS Geo Environmental dated December 2014 for a previously approved RFB (DA2015/22/1) which concluded that the site is suitable to be redeveloped for the purpose of an RFB with basement level parking. The PSI is considered to be valid to the proposed for the following reasons:   -     The proposed development is a multi storey RFB that proposes bulk excavation to accommodate two levels of basement which is similar in scale to the previously approved development. -     A review of aerial photography of the subject site since the issue of the PSI to today confirms that no works have been carried out on the site other than demolition of the existing dwelling houses and onsite trees which occurred sometime between 18 January 2018 and 5 May 2018.   It is further noted that Council’s Environmental Health Officer has assessed the proposal and has raised no issue with regard to contamination subject to the inclusion of conditions in any consent to address the discovery of contaminated waste throughout the course of construction.

(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 Ian Conroy, registration number 8317. Integral to SEPP 65 is the Apartment Design Guide (ADG), which sets benchmarks for the appearance, acceptable impacts and residential amenity of the development.

Following a detailed assessment of the proposal against the provisions of SEPP 65 and the ADG, the proposal is generally considered compliant with the exception of the building separation criteria specified under Part 3F – Visual privacy of the ADG as discussed below:

·    Part 3F-1 Design criteria specifies that where a building reaches 5-8 storeys, ‘habitable rooms and balconies’ must be setback at least 9m from side and rear boundaries. Levels 4 and 5 of the development (the fifth and sixth floors) contain balconies (to Units 404 and 503) that pose minor encroachments of approximately 20cm on the east elevation. Similarly, north facing balconies pose encroachments with respect to north facing balconies of Units 403 and 502. The non-compliances are acceptable in this instance as the extent of the encroachments are minor at approximately 2.2% and pose no significantly detrimental amenity impact.

A comprehensive assessment against SEPP 65 and the ADG is contained in Attachment 5.

(c)     State Environmental Planning Policy (Transport and Infrastructure) 2021 (Transport and Infrastructure SEPP) – Chapter 2 Infrastructure

The development proposes works within 5m of an exposed overhead electricity power line. Clause 2.48 of the Policy requires comment to be sought from the relevant energy provider, Endeavour Energy. Endeavour Energy has raised no objection to the development subject to the inclusion of conditions of consent. The proposed development is considered to satisfy Clause 2.48 of the SEPP on this basis.

(d)     State Environmental Planning Policy (Biodiversity and Conservation) 2021 (Biodiversity and Conservation SEPP) – Chapter 2 Vegetation in non-rural areas

The proposal does not exceed the biodiversity offsets scheme threshold noting the subject site is currently void of any vegetation and trees.

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

BASIX Certificate 1248685M dated 19 October 2021 and prepared by Gradwell Consulting has been submitted and is considered to be satisfactory.

Regional Environmental Plans

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

(a)     State Environmental Planning Policy (Biodiversity and Conservation) 2021 (Biodiversity and Conservation SEPP) – Chapter 10 Sydney Harbour Catchment

The subject site is identified as being located within the area affected by the Sydney Harbour Catchment. 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 SEPP is not directly relevant to the proposed development).

Local Environmental Plans

 

 

Cumberland Local Environmental Plan 2021 (CLEP)

The provisions of the CLEP is applicable to the development proposal. It is noted that the development achieves compliance with the key statutory requirements of the CLEP and the objectives of the R4 High Density Residential land use zone.

(a)     Permissibility

The proposed development is defined as a ‘Residential Flat Building’ and is permissible in the R4 High Density Residential zone with consent.

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

Note—

Residential flat buildings are a type of residential accommodation

residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—

(h)  residential flat buildings

The relevant matters to be considered under CLEP and the applicable clauses for the proposed development are summarised below. A comprehensive CLEP assessment is contained in Attachment 6.

Figure 7 – Cumberland LEP 2021 Compliance Table

DEVELOPMENT STANDARD	COMPLIANCE	DISCUSSION
4.3 Height of Buildings Permissible = 21m	No	Proposed building height =  22.96m
4.4 Floor Space Ratio (FSR) = 1.5:1	Yes	Proposed FSR = 1.48:1 (2,598.33sqm)
4.6 Exceptions to Development Standards	Yes	Refer to detailed assessment below.

(b)     Clause 4.6 – Variation to Height of Buildings

The proposal seeks to contravene the Height of Building Development Standard under Clause 4.3 of the CLEP that stipulates the height of building is not to exceed 21m on the subject site.

The proposed building has a maximum building height of 22.96m to the lift over-run, communal bathroom and stairwell. This equates to a 9.3% variation to the permitted height of buildings under the CLEP.

 

Figure 8 – Height plane diagram of the proposed development

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

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

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

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

Applicants Response:

The proposal satisfies the objectives of the R4 High Density Residential zone are as follows:

“To provide for the housing needs of the community within a high density residential environment”

The proposed development provides a scale and intensity that is consistent with surrounding development envisaged for the site and surrounding area.

“To provide a variety of housing types within a high density residential environment”

The proposed development provides for a range of unit types in a well-designed high density residential environment consistent with recent development in the area.

“To enable other land uses that provide facilities or services to meet the day to day needs of residents”

The proposed development is not inconsistent with this objective as it does not preclude the ability for other land uses that provide facilities or serves to be developed in the area.

“To ensure that non-residential land uses are located in a setting that minimises impacts on the amenity of a high density residential environment”

The proposed development has been sited and designed to ensure it does not adversely impact on the amenity of the surrounding high density residential environment and is consistent with the existing and desired future character of the area.

“To encourage residential development that maintains the amenity of the surrounding area”

The proposed development has been sited and designed to ensure it does not adversely impact on the amenity of the surrounding high density residential environment.

Planners Comments:

The development provides for an appropriate mix of dwelling types in a high density residential environment and maintains the amenity of surrounding land uses as detailed in the attached CDCP, SEPP 65 and ADG assessment tables.

The proposed development is considered to be consistent with the objectives of the R4 High Density Residential zone.

 

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

Applicants Response:

The consistency of the proposal against the objectives of the maximum building height standard is outlined below:

 

“To establish a maximum height of buildings to enable appropriate development density”

The proposed development provides a scale and intensity that is consistent with surrounding development and development envisaged for the site and surrounding area.

“To ensure that the height of buildings is compatible with the character of the locality”

The proposed development has been designed to ensure it is compatible with the character of the locality. The proposed minor height variation does not result in any adverse visual or character impacts and is not readily apparent from surrounding development or the public domain.

“To minimise the visual impact of development”

The proposed development has been designed to minimise visual impacts on the surrounding area. An appropriate composition of building elements, material textures and colours have been utilised to reflect the buildings commercial and residential use character.

“To ensure sufficient solar access and privacy for neighbouring properties”

DA2015/222/1 reduced the solar compliance for 4-6 Good Street, Westmead to 12 units (60%) receiving at least 2 hours of direct sunlight between 9am and 3pm on 21 June. The proposed development will result in the same solar access impact as DA2015/22/1 by reducing the solar compliance for 4-6 Good Street, Westmead to 12 units (60%) receiving at least 2 hours direct sunlight between 9am and 3pm.

The Explanation of Intended Effect for the Draft Design and Place SEPP was publicly exhibited in February 2021. The Draft Design and Place SEPP intends to amend the Apartment Design Guide to increase the range of hours in which a development may achieve solar access. On that basis, additional calculations have been provided in the solar study for 4-6 Good Street detailing solar access between 8am and 4pm on 21 June. The extended range results in a total of 16 units (80%) at 4-6 Good Street, Westmead receiving the minimum of 2 hours between 8am and 4pm on 21 June.

Therefore, the minor solar access impacts are deemed to be reasonable based on the development not resulting in an increased impact fork the development previously approved on the site by Council and the development achieving compliance with the intended controls under the Draft Design and Place SEPP.

The proposed height variation does not result in any increased solar access impacts from a development demonstrating strict compliance with the 21m height limit. Strict compliance with the height limit would not result in reduced solar access impacts and therefore the proposed variation is deemed to be reasonable.

 

Planners Comment:

The scale of the development at six storeys is consistent with recently constructed developments adjoining the subject site to the north and south which are six and five storeys respectively. The development to the north was approved with a minor deviation of the maximum permitted building height (1.2m or 5.7%). The extent of this non-compliance is similar to the one sought by the subject application being 1.96m or 9.3%. It is further noted that construction is underway for a five storey residential building at 11-17 Joyner Street which sits directly behind the subject site. In this regard, the proposed development is considered to be compatible with the character of the area which is characterised by contemporary residential flat buildings of up to six storeys in height.

The proposed development is also considered to be visually consistent in the streetscape as it satisfies the design requirements of the ADG and does not pose an unreasonable amenity impact on surrounding properties in accordance with the relevant requirements of the CDCP, SEPP 65 and ADG.

The proposed development is considered to be consistent with the objectives of height of buildings development standard.

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

Applicants Response:

The proposal provides a built form that is reflective of the future higher density-built form envisaged for the area. The numeric increase in building height for the proposed development is approximately 1.965m. The proposed height exceedance is deemed to be reasonable as it involves a minimal percentage of the building volume, only relates lift overruns and roof structures, it does not result in adverse impacts on surrounding development and is the result of providing rooftop communal open space which provides a better planning outcome for the site than strict compliance with the height control.

The proposed development, including the proposed building elements that exceed the height limits, will continue to achieve the objectives of the standard. It is therefore considered that the objectives of the development standard are met notwithstanding the breach of the height of buildings standard.

Planners Comments:

It is noted that if compliance was strictly adhered to, there would be no significant improvement with regard to solar amenity to surrounding properties or to the visual impact of the development from the public domain. It is further noted that only ancillary structures of the building mass including the lift core, communal bathroom and stairwell breach the height limit while the remainder of the building mass remains compliant.

It is considered that strict adherence to the height of building development standard would result in a negligible improvement to the appearance of the building and the amenity of the surrounding properties. Compliance with the development standard is considered to be unnecessary in this instance.

 

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

Applicants Response:

 

It is our opinion that there are sufficient environmental planning grounds to justify contravening the building height standard in this instance. These are as follows:

 

·   The proposed development is consistent with the  objectives of the zone and the objectives of the building height control.

·   The proposal does not result in any adverse impacts on adjoining properties

·   The height variation only includes a minor portion of the building and is a result of providing rooftop communal open space which provides a better planning outcome for the site than strict compliance with the height control

·   The area of exceedance only consists of the lift overrun, a small portion of the roof space of a toilet to facilitate the use of the rooftop communal open space, stairs and services.

 

It is considered the objectives of the LEP height standard are achieved in this instance where the proposal produces a high quality-built form that ensures a high level of amenity for residents.

Whilst the built form exceeds the building height control applicable to the site, it is considered that the proposed design does not unreasonably detract from the amenity of adjacent residents or the existing quality of the environment as demonstrated in architectural plans prepared by Zhinar Architects.

Strict compliance with the building height development standard would result in a development that does not achieve the desired development density for the site, reduces residential amenity through the removal of rooftop communal open space and would be inconsistent with the desired future character of the area.

Planners Comment:

The variation of 1.96m or 9.3% is considered minor and it is acknowledged that the part of the building which exceeds the height limit constitutes a small proportion of the overall building mass. It is noted that the development as proposed does not result in an unreasonable amenity impact by way of privacy, overshadowing or visual impact to the immediately surrounding properties. The applicant’s justification is therefore considered to be well founded.

Conclusion:

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

 

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

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

The Cumberland DCP 2021 (CDCP) is in force as of 5 November 2021. The subject development application was lodged on 20 December 2021 and as such is subject to the requirements of the CDCP.

The CDCP provides guidance for the design and operation of development to achieve the aims and objectives of the CLEP.

A comprehensive assessment and compliance table is contained in Attachment 7.

The following table highlights non-compliances with the CDCP at Part B – Development in Residential Zones, which relate primarily to building setbacks, and housing mix. The variations sought are considered satisfactory on merit in this instance:

Figure 9 – CDCP Compliance Table

Clause	Control	Proposed	Complies
Part B1 3.1 Building envelope	C2. Rear setback 30% of the length of the site. (30% of 40.31m) For 5 storeys and higher = 12m (min)	9m	No but considered acceptable on merit.
Part B1 3.2 Basement design	C3. Basement walls shall have a minimum setback of 1.2n from side boundaries.	1m to the southern side setback	No but acceptable on merit.
Part B5, Clause 2.1 Adaptable housing	More than 20 dwellings requires 20% adaptable units	16.21% (5 units)	28.57%
Part B5 2.2 Housing mix	C1. A 10% dwelling mix of 1 bedroom and 3 bedroom units is 10%.	6.4% of 1 bedroom and 6.4% of 3 bedroom units	No but acceptable on merit.

Irrespective of these departures, it is considered that the proposal performs adequately from an environmental planning viewpoint and may be supported for the reasons discussed below:

Part B1

-     Clause 3.1 Building envelope, C2

Rear setback of building envelope

 

Council’s comment: It is noted that the Apartment Design Guide (ADG) permits a minimum rear setback of 9m for upper levels which takes precedence over Council’s control. Notwithstanding this is considered acceptable noting it provides articulation and visual relief to the upper levels of the building. In addition, the proposed articulation and setback is generally consistent with the approved developments on the adjoining sites.

-     Clause 3.2 Basement design, C3

Side setback of basement levels

Council’s comment: Some landscaping is provided along the front and rear parts of the setback area which provides adequate visual amenity to the neighbouring site and from the public domain. The non-compliance is also considered to be minor at 20cm. On this basis, the non-compliance is considered to be acceptable on merit.

Part B5

-     Clause 2.1 Adaptable housing, C1

Provision of adaptable dwellings

Council’s comment: The development proposes five (5) adaptable units. This equates to a deficiency of two (2) units or 28.57%. The non-compliance is supportable on the basis that at least 20% of the units must achieve compliance with the Livable Housing Guideline's silver level universal design features as a condition of consent. Therefore, despite the minor deviation, the development will still achieve the intent of the control by providing an adequate number of dwellings that can be made to cater for the disabled, the elderly and families with young children.

-     Clause 2.2 Housing mix, C1

Dwelling mix

Council’s comment: Notwithstanding the non-compliance, a broad range of apartment types is provided which includes 1, 2 and 3 bedroom units. This satisfies the intent of the control, being the provision of a wide variety of dwelling types in the area. It is further noted that the recently constructed RFB developments adjoining the subject site were approved with more significant deviations to apartment mix. 14-18 Good Street was approved with only 2.6% and 7.9% of 1 bedroom and 3 bedroom units respectively. On this basis, the deviations are considered to be acceptable on merit.

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 (Council Website)

Mail

Sign

Not Required

In accordance with Council’s Notification requirements contained within the Cumberland DCP 2021, the proposal was publicly notified for a period of 14 days between 25 February 2022 and 11 March 2022. The notification generated two (2) submissions in respect of the proposal with none declaring a political donation or gift. The issues raised in the public submissions are summarised and commented on as follows:

Figure 10 – Submissions 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.

Cumberland Local Infrastructure Contributions Plan 2020

The development would require the payment of contributions in accordance with Cumberland Local Infrastructure Contributions Plan 2020.

In accordance with the Contribution Plan a contribution is payable, pursuant to Section 7.11 of the EP&A Act, calculated on the cost of works. A total contribution of $450,143.00 would be payable prior to the 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, State Environmental Planning Policy (Resilience and Hazards) 2021, Statement Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development, State Environmental Planning Policy (Transport and Infrastructure) 2021, State Environmental Planning Policy (Biodiversity and Conservation) 2021, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Cumberland LEP 2021 and Cumberland DCP 2021 and is considered to be satisfactory for approval subject to conditions.

The proposed development is appropriately located within the R4 High Density Residential zone under the relevant provisions of the Cumberland LEP 2021. The proposal is generally 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.

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.

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

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

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

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

 

Report Recommendation: 1.   That the applicant’s written request to contravene the development standard relating to height as contained within Clause 4.3 of the Cumberland Local Environmental Plan 2021 be supported. 2.   Development Application No. DA2021/0682 for construction of a six storey Residential Flat Building comprising 31 units with two levels of basement parking and associated works on land at 8-12 Good Street WESTMEAD NSW 2145 be approved by Deferred Commencement subject to conditions as recommended in Council’s assessment report. 3.   Persons whom have lodged a submission in respect to the application be notified of the determination of the application.

 

1.      Draft Notice of Determination  

2.      Clause 4.6 Variation Request  

3.      Architectural Plans  

4.      Submissions Received  

5.      SEPP 65 and ADG Assessment  

6.      Cumberland Local Environmental Plan 2021 Assessment  

7.      Cumberland Development Control Plan 2021 Assessment  

8.      Draft Reasons for Recommendation   

 

Attachment 1

Draft Notice of Determination

 13 July 2022

Attachment 2

Clause 4.6 Variation Request

 13 July 2022

Attachment 3

Architectural Plans

 13 July 2022

Attachment 4

Submissions Received

 13 July 2022

Attachment 5

SEPP 65 and ADG Assessment

 13 July 2022

Attachment 6

Cumberland Local Environmental Plan 2021 Assessment

 13 July 2022

Attachment 7

Cumberland Development Control Plan 2021 Assessment

 13 July 2022

Attachment 8

Draft Reasons for Recommendation

 13 July 2022

 13 July 2022

 

 

 

Item No: LPP041/22

Planning Proposal Request for 245-247 Great Western Highway, South Wentworthville (The Wattles)

Responsible Division:                    Environment & Planning

Officer:                                              Senior Strategic Planner

File Number:                                    PP2022/0003  

 

 

Lodged	18 February 2022, revised April 2022
Proponent	NRB Property Group Pty Ltd
Landowner	NRB Property Group Pty Ltd
Site address	245-247 Great Western Highway, South Wentworthville
Site area	Approximately 4,775m2
Site description and existing Use	Irregular shaped allotment with primary frontage to the Great Western Highway and Parramatta-Liverpool T-way. The site is bounded by the Great Western Highway to the North, the M4 access on-ramp to the East and the M4 Motorway to the South and West. Existing development on the site includes a local heritage house. The rest of the site is vacant and undeveloped.
Existing planning controls	Land zone	R2 Low Density Residential
	Height of buildings	9m
	Floor space ratio	N/A
	Additional Permitted Uses	N/A
Requested planning controls	Land zone	R2 Low Density Residential
	Height of buildings	25m
	Floor space ratio	1:1
	Additional Permitted Uses	Food and drink premises, and hotel or motel accommodation.
Recommended planning controls	Land zone	R2 Low Density Residential
	Height of buildings	18m
	Floor space ratio	1:1
	Additional Permitted Uses	Café or restaurant, and hotel or motel accommodation, with the hotel/motel capped at 76 rooms.
Heritage	The site contains a local heritage item listed in the Cumberland LEP 2021 (The Wattles, a Victorian/Georgian Residence, I244). Surrounding heritage items include an item listed on the State Heritage Register (Essington, I                                                                                                                                                                                                                          00204) and a local heritage item listed in Cumberland LEP 2021 (Milestone Group, Parramatta to Greystanes, I125).
Disclosure of political donations and gifts	N/A
Previous considerations	N/A

This report provides an overview of a Planning Proposal Request submitted to Council on 18 February 2022 for 245-247 Great Western Highway, South Wentworthville (The site).

 

The Planning Proposal Request seeks to facilitate redevelopment of the site for the purpose of a 5-6 storey hotel/motel with between 76-80 bedrooms, rooftop dining/bar, pool, gymnasium, conference room, and health and well-being centre on the western side of the site, and the adaptive reuse of The Wattles heritage house for a café/restaurant on the eastern side of the site. It is proposed to also reinstate the heritage gardens around The Wattles as part of the proposal.

 

It is noted that the site is subject to an active development consent for the construction of a hotel/motel and alterations to the Wattles to be used in conjunction with the hotel (DA2010/93/1). Existing use rights cannot be relied on for the proposed additional uses as the site has never been lawfully used as hotel/motel.

 

Council officers provided preliminary feedback to the Proponent on their initial Planning Proposal Request, outlining various concerns and requesting additional information to allow for proper assessment of the proposal. In response to this early feedback, the Proponent lodged a revised Planning Proposal Request in late April 2022. The status of the Planning Proposal Request is shown in Figure 1.

 

This report recommends that Panel supports an amended proposal to be reported to Council with a recommendation to proceed to Gateway. It is noted that the Proponent has offered to enter into a revised Voluntary Planning Agreement should the proposal proceed through Gateway.

Figure 1: Status of the Planning Proposal

 

The site and its context

 

The site is a large (4,775m²) irregular shaped allotment bounded on all sides by major roads, including the Great Western Highway and Liverpool-Parramatta T-way on the northern boundary, the M4 Smart Motorway to the south, and the M4 on-ramp to the south-east (Figure 2). The south-eastern part of the site is occupied by a local heritage residence known as ‘The Wattles’. The rest of the site is vacant and unoccupied. The surrounding context is dominated by older-style low density residential developments, generally one storey. Further along the Great Western Highway, to the east and west, there are some recently constructed low-rise medium and high-density developments (3-4 storeys maximum).

 

The site is located approximately 2km from Parramatta CBD (to the east), 1.5km from Wentworthville Principal Local Centre (north-west), 1.2km from the Westmead Health and Education Precinct (north-east) and the broader Greater Parramatta and Olympic Peninsula (GPOP) area. The Coleman T-way bus stop provides a regular bus service between Parramatta and Liverpool. Cumberland 2030: Our Local Strategic Planning Statement (LSPS) identifies the site as being part of an area to be investigated for medium to high-density residential development (Figure 3).

 

Figure 2: The site in its local context

 

Figure 3: The site in its regional context

Existing planning controls

 

Land zone

 

The site is zoned R2 Low Density Residential and surrounded on all sides by major road and transit corridors zoned SP2 Infrastructure. The dominant surrounding zone is R2 Low Density Residential with some R3 Medium Density Residential to the east, and a mix of business/commercial and high-density residential uses to the west (Figure 4).

 

Figure 4: Existing land zone

 

Height of buildings

 

The site’s maximum height of buildings control is currently 9 metres, consistent with surrounding residential lands. Approximately 400 metres to the west, on the opposite side of the Great Western Highway, height controls of 15m to 18m are applied to lands zoned for high density residential. Further west, heights of 17m to 32m are applied to business/commercial lands. See Figure 5.

 

Figure 5: Existing height of buildings

Floor space ratio

 

There is currently no floor space ratio (FSR) applied to the site. Approximately 150 metres to the east, on the corner of Hawkesbury Road and Great Western Highway, an FSR of 0.7:1 is applied to land zoned for medium density housing. Approximately 400 metres to the west, on the opposite side of Great Western Highway, land zoned for high density residential has an FSR of 1.2:1 and 1.5:1. See Figure 6.

 

Figure 6: Existing FSR

 

Heritage

The site contains a local heritage item listed in the Cumberland LEP 2021 (The Wattles, a Victorian/Georgian Residence, I244). Surrounding heritage items include an item listed on the State Heritage Register (Essington, I00204) and a local heritage item listed in the Cumberland LEP 2021 (Milestone Group, Parramatta to Greystanes, I125). See Figure 7. These items are further discussed in the ‘Heritage’ section of this report.

Figure 7: Existing heritage on and around the site

 

Development Approvals History

 

The site is subject to an active consent for demolition of existing sheds and garages, construction of a two-storey motel/motel with 48 rooms, rooftop dining/bar, basement car parking and alterations to ‘The Wattles’ for use in conjunction with the motel and associated site works. The DA was approved by the former Holroyd City Council on 28 October 2010 (DA2010/93/1). On 26 October 2015, a building inspection was carried out by Council which confirmed the demolition of existing sheds and garages, which activated the consent. Elevations of the approved hotel/motel show that the approved building height is 10.2 metres (Figure 8).

 

Figure 8: Elevations of the approved hotel/motel

Planning Proposal Request

 

The Planning Proposal Request seeks to facilitate redevelopment of the site for the purpose of a larger (5-6 storey) hotel/motel with 76-80 rooms, rooftop dining/bar, pool, gymnasium, conference room, health and well-being centre, and basement car parking on the western side of the site, and the adaptive reuse of The Wattles heritage house for a café/restaurant on the eastern side of the site. Indicative concept plans are shown in Figures 9 and 10.

 

To achieve the objectives and intended outcomes, the proposal seeks to amend the Cumberland LEP 2021 as follows:

 

·    Amend the site’s height of buildings control from 9 metres to 25 metres

·    Apply an FSR of 1:1 to the site, noting that there is currently no FSR

·    Amend Schedule 1 to include ‘food and drink premises’ and ‘hotel and motel accommodation’ as additional permitted uses on the site.

 

Figure 9: Concept design layout plan

 

Figure 10: Concept view showing the proposed hotel and existing heritage house

 

Voluntary Planning Agreement

 

Through the application of the Cumberland Planning Agreements Policy and Guideline, Council seeks to ensure a fair and reasonable apportionment of the costs and benefits of development and deliver planning outcomes that contribute to a net public benefit for the wider community.

 

The Proponent has offered to enter into a Voluntary Planning Agreement to deliver a range of public benefits including:

·    Public domain upgrade and footpath connection on the southern side of the Great Western Highway frontage

·    Environmental Heritage Item Conservation and Enhancement Works, including the restoration of The Wattles heritage house and gardens

·    Any further contributions to meet policy requirements.

 

Early consultation

 

The Proponent’s initial Planning Proposal Request was placed on early consultation from 2 March 2022 to 29 March 2022 in accordance with policy requirements. The proposal and supporting material were published on the Have Your Say section of Council’s website and direct mailout to surrounding landowners and occupants. The proposal was also referred to relevant Council staff, former members of Council’s heritage committee, Heritage NSW and Transport for NSW.

 

Council received three community submissions and two agency submissions. The concerns raised in community and public authority submissions can be addressed through amendments to the proposed height and density controls and the preparation of a site-specific DCP to guide future development of the site. Certain matters can also be further addressed at the DA stage, as outlined in the Key Issues section of this report.

 

Community submissions

 

Three community submissions were made by local residents, including one submission in support of the proposal and two submissions from former members of Council’s heritage committee members which, while generally supportive of the restoration and adaptive re-use of The Wattles, raised concerns about the proposal.

 

Key concerns raised in community submissions included: traffic, access, and parking; lack of access to open space; poor amenity due to the location on a busy road; potential precedent for allowing hotels in low density residential areas; and potential impacts on the heritage house. The matters are summarised and responded to in the attached Summary of Community Submission and further addressed in the ‘key issues’ section of this report.

 

TfNSW submission

 

On 4 April 2022, Transport for NSW (TfNSW) made a submission which did not object to the proposal but raised concerns. The submission recommends certain changes to the proposed scheme and the supporting traffic study to address potential vehicular access and safety issues and reduce traffic volumes and the number of car parking spaces required. TfNSW provided an amended submission on 22 June 2022 that provided further design guidance and more flexible options for mitigating potential impacts. The matters raised in TfNSW submissions are further discussed in the ‘key issues’ section of this report.

 

Heritage NSW submission

 

On 26 May 2022, NSW Heritage made a submission which states that there are ‘no direct impacts identified on items listed on the State Heritage Register.’ The submission notes that, given that The Wattles is a local heritage item, Council is responsible for assessment of impacts in relation to that item and Heritage NSW do not require any further referral/consultation on this planning proposal.

 

Key Issues

 

Built form

 

Given the site’s location and context, Council officers consider the proposed height and density controls to be greater than what is required for the future potential of the site. The concept plans show that the proposed hotel/motel development would dominate the northern frontage (especially as the site is located on a high point of the Great Western Highway) and would have a major impact on The Wattles heritage house and its setting.

 

There may be some scope to increase the site’s height and density controls, especially as the site is within walking distance from the T-way and is identified by Cumberland 2030: Our Local Strategic Planning Statement (LSPS) as being part of an area for potential future medium and/or high-density housing.

This report recommends that the proposed height control of 25 metres (5 to 6 storeys) be reduced to a maximum of 18 metres and supports the proposed FSR of 1:1. This would facilitate construction a hotel/motel of up to 4 storeys plus rooftop terrace, with three floors dedicated to hotel rooms (25 x 40m² bedrooms per floor equals 1,000m² per floor, which equates to 3,040m² over three floors or 0.63:1 of total GFA).

 

The recommended controls would encourage redevelopment of the site in a form that is consistent with the recently constructed low-rise residential developments to the east and west of the site (townhouse/terrace housing and small-scale residential apartment buildings). This report also recommends preparation of a site-specific DCP to support the LEP controls and guide the future development of the site.

 

Council officers considered the consequence of applying the recommended height and density controls to the entire site, including the eastern part of the site that is occupied by The Wattles. This is considered acceptable as any future development application involving the eastern side of the site would be assessed on merit and would be required to demonstrate that any proposed works would not impact on the heritage item or its setting. Limiting the proposed height and density controls to only the western part of the site is not considered appropriate as it may unreasonably constrain design options. An alternate means of ensuring the ongoing conservation of The Wattles may be to specify in Clause 4.3 (Height of buildings) and 4.4 (Floor space ratio) of the Cumberland LEP 2021 that the proposed height and density controls only apply to development for the purpose of hotel or motel accommodation on the site.

 

Vehicular access and safety

 

The proposed vehicular access arrangements have the potential to create road safety issues for westbound motorists and buses traveling along the Great Western Highway and T-way corridor. Council officers requested that the Proponent amends the planning proposal and prepares situatable site-specific DCP controls to address the matters raised in TfNSW’s submission dated 22 June 2022, including:

 

·    Provision of a deceleration/storage lane, consistent with Austroads guidelines, on the site’s northern boundary and relocate the entry/exit driveway as close as possible to the western property boundary

·    If the above recommendation is not feasible or achievable, consider redesigning the internal driveway to provide space for vehicles to be stored onsite rather than queuing on the Great Western Highway and/or T-way

·    Provide mitigation and/or management measures to ensure appropriate on-site manoeuvring, adequate vehicle turnaround facilities, and wayfinding signate to ensure vehicle travel paths are clear

·    Provide more clarity over the ‘worst case’ traffic and parking impacts, specifically by clarifying whether or not the proposed hotel/motel facilities will be for exclusive use by guests of the hotel/motel or open to the public, and lack of clarity over the number of rooms proposed.

 

The Proponent’s traffic consultant provided a response to TfNSW’s submission which states that:

 

·    The entry driveway location meets the relevant sightline requirements, is consistent with other intersections and sites in the vicinity and is considered appropriate

·    Details of on-site manoeuvring and wayfinding signage can be provided at DA stage

·    The recommended deceleration lane on approach to the proposed entry driveway is not considered necessary as:

o it can be demonstrated that the entry driveway exceeds ASD requirements under all relevant assessment criteria

o previous approved development on the site not requiring one

o access via the kerbside dedicated bus lane that carries low bus volumes

o the proposal is likely to generate only low traffic volumes

o there are examples of other comparable traffic generating developments and public roads along the Great Western Highway in the vicinity not requiring use of slip lanes (including the M4 on-ramp intersection)

·    The proposed hotel/motel facilities such as the conference room, gymnasium and roof terrace are intended as ancillary to the main hotel/motel use.

 

It is noted that any future DA for the site would be required to demonstrate consistency with the provisions of the State Environmental Planning Policy (Transport and Infrastructure) 2021. In terms of vehicular access and safety, Clause 2.118 of the SEPP stipulates that a consent authority must not issue development consent unless:

 

(a)  where practicable and safe, vehicular access to the land is provided by a road other than the classified road, and

(b)  the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of—

(i)  the design of the vehicular access to the land, or

(ii)  the emission of smoke or dust from the development, or

(iii)  the nature, volume or frequency of vehicles using the classified road to gain access to the land…

 

TfNSW requested local provisions be introduced into Part 6 of the Cumberland LEP 2021 to limit the use of hotel/motel facilities by guests only, and to require ‘suitable concurrence’ prior to issue of development consent. Council officers are of the view that these provisions are unnecessary as any future DA for the site will be:

 

·    Required to demonstrate that the hotel/motel facilities are ancillary to the hotel/motel, otherwise the facilities would fall under the definition of ‘indoor recreation facilities’ and this land use is prohibited in the R2 zone.

·    Clause 2.121 of the Transport and Infrastructure SEPP requires concurrence of TfNSW prior to issue of development consent for any development proposed on a State classified road and requiring more than 50 car parking spaces.

 

Traffic, transport and parking

 

Consistent with the advice of TfNSW, this report recommends that the number of hotel/motel rooms to is capped at 76 rooms to address potential traffic and parking issues. The Proponent’s Transport Assessment Report indicates that, if the proposal was capped at this level, it would result in approximately 40 vehicle trips during peak times (30 trips for the hotel and motel and 10 trips for the proposed heritage cottage).

 

The Proponent’s Transport Assessment acknowledges that, based on Cumberland DCP 2021, a minimum of 106 parking spaces must be provided for the proposed hotel/motel development; however, only 79 parking spaces plus 6 motorcycle spaces are proposed. The traffic report suggests that it is reasonable to reduce the number of parking spaces required as a large proportion of the customers of the proposed café and restaurant will be from the proposed hotel.

 

To ensure that traffic, transport, and parking are adequately considered and addressed for the proposal, detailed provisions are proposed for inclusion in a site-specific Development Control Plan.

 

Noise, vibrations and emissions

 

A noise intrusion assessment was conducted to determine the impacts of existing road traffic noise on the proposed development. Noise from the Great Western Highway was assessed, due to its proximity to the north façade of the proposed development. The assessment found that a Category 3 construction would be required for both the north and south façade – that is, special construction with increased attenuation to achieve internal noise levels, as recommended in the SEPP.

 

An operational noise assessment was conducted to determine the potential noise emissions of the proposed development that would likely impact the surrounding sensitive receivers. It was deemed that the mechanical plant on the roof terrace could be a potential source of noise emissions requiring mitigation, with other potential noise emissions to be likely dominated by existing road traffic noise on the Great Western Highway and M4 Motorway. At this stage, further assessment is required, concerning the operational noise emissions of the proposed development, with such consideration to be given during the future DA stage of the proposal.

 

The study has shown that, from an acoustic perspective, the site would be suitable for the intended uses. Specific constructions and mitigation measures would require further investigation during the future DA stage of the proposal. It is noted that Clause 2.118(C) of the Transport and Infrastructure SEPP requires that:

 

(c)     the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

 

Council officers are of the view that the proposed commercial uses are less sensitive than the types of residential land uses that are currently permitted on the site under the R2 zoning, and that adequate measures can be incorporated into the design to mitigate the impact of traffic noise and emissions and assessed at DA stage.

 

Suitability of the proposed additional permitted uses

 

Hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that—

(a)  comprises rooms or self-contained suites, and

(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,

but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.

Note—

Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

 

Hotel or motel accommodation is considered to be a suitable use for the western part of the site, subject to careful design, as outlined in this report. Despite being part of an area to be investigated for medium to high-density residential development, this particular site is not considered suitable for intensified residential development due to its ‘island’ location between several road transport corridors and the associated acoustic, pollution and amenity impacts.

 

Short-term accommodation (hotel) is considered a more desirable outcome as it can leverage the high exposure nature of the site and is not as susceptible to the previously listed constraints. The proposed commercial uses may also facilitate the restoration and ongoing conservation of The Wattles heritage house and gardens.

 

Food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—

(a)  a restaurant or cafe,

(b)  take away food and drink premises,

(c)  a pub,

(d)  a small bar.

 

Council officers consider the child term ‘restaurant or café’ to be more suitable than the proposed ‘food and drink premises’ for this site noting that the child term better reflects the intended use of a café/restaurant on the eastern side of the site. Allowing a pub on the site may have further traffic and parking implications.

 

Heritage

 

The planning proposal is supported by a Heritage Impact Statement prepared by Sue Rosen Associates which concludes that, with appropriate refinement, the hotel/motel concept could be rendered to a solution that activates the site, while respecting and maintaining the heritage significance of The Wattles. The advice notes that:

 

·    The concept is preferrable to other options considered for the site, which include subdivision and construction of multiple dwellings, which would likely have unacceptable adverse impact on the significance of The Wattles and its setting

·    The proposed commercial uses have the potential to generate income to fund the ongoing conservation and maintenance of The Wattles and its setting.

·    The proposal will allow the Wattles to be accessed and appreciated by a wider audience, and activates what could continue to be a ‘forgotten’ site

·    Compared to the approved multi-storey hotel (DA2010/93/1), the concept hotel/motel has been moved an additional 6 metres away to the west of The Wattles, retaining an appropriate curtilage

·    Views of the original building from the Great Western Highway will be maintained, if not improved; with potential for an exterior up-lighting installation and appropriately sympathetic signage to lift the presence of the historic site

·    To enable its adaptive reuse as a café/restaurant, there is opportunity to include a sympathetic low-scale addition to the rear of The Wattles to install amenities, commercial kitchen and associated services. This would mitigate impact on significant fabric, detailing and layout of the residence

·    The proposed additional height allowance increases the ability of the concept hotel/motel to be a viable business, providing short-term accommodation in easy distance of the Parramatta CBD

·    There is potential in the design to further mitigate the visual impact of the structure on The Wattles and surrounding streetscape at the detailed DA design stage. This could occur through the refining of form, material, colours and finishes, and landscaping.

 

Council officers had the Proponent’s Heritage Impact Statement peer reviewed by an independent heritage advisor, Extent Heritage, which confirms that the proposal is acceptable in terms of heritage outcomes, subject to careful design, consistent with best practice guidelines, and the preparation of suitable DCP controls. The advice identifies a range of heritage enhancement opportunities and mitigation measures for potential impacts, as summarised below:

 

·    The Statement of Heritage impact should include an assessment of historical archaeological impacts, as there is potential for historical archaeological materials and relics to be present on the site. It is recommended that this is additional information is provided by the Proponent as part of the planning proposal process

·    The proposed planning controls will have a major impact on the heritage values of the site, including overshadowing and obstruction of key views, as well as obscuring the understanding and interpretation of the site as a colonial period Victorian/Georgian homestead. New development must consider appropriate heights, setbacks, and siting to ensure these core heritage values are maintained

·    Potential impacts on surrounding heritage items must be carefully considered. It is noted that further consideration of this will be considered as part of any DA for the site

·    Opening up the landscaping and reinstating the heritage gardens and landscaping around the Wattles are supported

·    Due to its scale and location, the proposed hotel has the potential to have a major impact on the setting of The Wattles; however, this impact may be mitigated through careful design, including appropriate colours, setbacks, and materials

·    Prior to the demolition of alteration of any structures within the study area, archival photographic recording is recommended as per Heritage Council guidelines

·    A heritage interpretation strategy is recommended as part of the DA process

·    Adaptive reuse of The Wattles as a café/restaurant is supported, subject to certain conservation measures that ensure any changes to the building are complimentary and sympathetic to the historical context

·    The proposed buildings should be carefully designed to respect the built environment and heritage items in the vicinity, taking into consideration the bulk, height, scale and siting, massing, setback, key view lines and materiality of the new development. The design should be guided by the relevant controls in Cumberland DCP 2021 and NSW Heritage Office guidelines.

 

As outlined in the ‘built form’ section of this report, the bulk and scale of the hotel would need to be significantly scaled back to reduce impacts on The Wattles and its setting. Further, to ensure that heritage is adequately addressed for the proposal, detailed provisions are proposed for inclusion in a site-specific DCP.

Schedule of Heritage Conservation Works 

The planning proposal is supported by a Schedule of Conservation Works prepared by Dr Roy Lumby of Hericon consulting and assessed by Sue Rosen Associates has identified the existing heritage item that need to be restored based on a visual assessment carried out on site. The assessment has been limited to the outer fabric and interior with restrictions to accessing roof or under floor areas of the existing heritage cottage. It is recommended that this be updated to address the internal fabric and assessed at the DA stage.

Clause 5.10 Heritage Conservation

The proposed site is also affected by clause 5.10 Heritage Conservation provisions under Cumberland LEP 2021 which a proponent requires to obtain development consent for any building work proposed from the consent authority and prepare necessary documentation as required such as a heritage management document or conservation management plan after considering the extent and heritage significance of the property. There are also conservation incentives.  These provisions are subject to further assessment at the DA stage should the planning proposal proceed.

 

 

Contamination and acid sulphate soils

 

The planning proposal is supported by a preliminary contamination assessment that concludes that the proposal is unlikely to have any significant impacts as a result but indicates the site may need to be remediated should the planning proposal progresses and a DA is lodged since the site had been used for residential and commercial uses in the past and shows potential contamination sources, such as asbestos, potential underground storage tank within the site.  

 

The consultant also considered the mapping, geology, and elevation of the site and concluded that it is unlikely that acid sulphate soils are present on site. Council’s acid sulphate soils maps do not indicate any affectation on site. Should the proposal progress to a DA stage, further detailed investigations and acid sulphate soils management plan may need to be prepared if required. 

 

Amended Planning Proposal

 

Following consideration of the submission received and key issues identified above, an amended planning proposal is recommended for the site.  It is proposed to:

·    Amend the site’s height of buildings control from 9 metres to 18 metres

·    Apply an FSR of 1:1 to the site

·    Amend Schedule 1 to include ‘café or restaurant’ and ‘hotel or motel accommodation’ as additional permitted uses on the site, with the hotel/motel component capped at 76 rooms.

 

The amended planning proposal seeks to provide a balanced approach for the site in supporting development, maintaining the heritage significance of The Wattles building, and ensuring that the transport network can accommodate additional development in the area.

 

Site-specific Development Control Plan

 

Should the proposal proceed to Gateway, it is recommended that a site-specific DCP be developed to address matters as outlined below, including:

·    Land use – location of uses on site

·    Building siting – setbacks and separation

·    Building envelope – storeys, upper-level setbacks, ground floor height

·    Solar access and overshadowing

·    Open space and landscaped areas

·    Movement and access – pedestrian and vehicle entry/exit points and paths

·    Managing transport demand – onsite car parking provision, location and safety

·    Heritage – conservation provisions and key view lines to the heritage item 

·    Stormwater – detention and outlet

 

 

Strategic Merit Assessment

 

Need for the proposal

 

The proposed additional uses are prohibited in the site’s R2 Low Density Residential zone. While it has been demonstrated that there is an active development consent for the construction of a hotel/motel and alterations to the Wattles to be used in conjunction with the hotel (DA2010/93/1), existing use rights cannot be relied on for the proposed additional uses as the subject site has never been lawfully used as hotel/motel. In addition, the proposed height and FSR are significantly higher than existing controls and cannot therefore be pursued under clause 4.6 of Cumberland LEP 2021 (Exceptions to development standards). A site-specific planning proposal is considered the most appropriate means of achieving the intended outcomes.

 

Consistency with Greater Sydney Region Plan

 

The proposal is broadly consistent with the Greater Sydney Region Plan, including:

·    Objectives 3 and 4. Infrastructure aligns with forecast growth and infrastructure use is maximised: The proposal and its proposed uses will allow for more intense activity and use of land within walking distance to a strategic bus corridor and is also located adjacent to M4 Motorway and Great Western highway.     

·    Objective 6. Services and Infrastructure meet the community’s changing needs: This proposal endeavours to provide a hotel and motel development on site which gives effect to this objective and conservation of an existing heritage item via adaptive re-use to be opened to the public, visitors, and tourists as a restaurant. 

·    Objectives 8 and 12.  Greater Sydney’s communities are culturally rich with diverse neighbourhoods and brings people together: This proposal endeavours a multi-level hotel development and restaurant on site providing tourist and visitor accommodation and a place to celebrate cultural and social events, gatherings and open up the Wattles Cottage by a dining experience for those diverse communities, by restoring and retaining the historical, cultural and aesthetic significance of the cottage.   

·    Objective 10. Greater housing supply: the proposal provides short term or temporary transit accommodation solution as an additional permitted use for the R2 zoned site given its constraints and unsuitability for standard residential and is strategically positioned within close proximity of other strategic housing and job growth areas such as Westmead South precinct, Westmead Health and Education Precinct and local centres where addition to supply of significant jobs and housing is anticipated and earmarked in the near future.

·    Objective 13. Environmental heritage is identified: The proposal will enable the conservation and enhancement of an existing local heritage item the Wattles on site and the enhancement of another local item located outside the site’s boundary.

·    Objectives 15 and 19. A Metropolis of Three Cities: integrated land use and transport creates walkable and 30-minute cities and Greater Parramatta is stronger and better connected: The proposal will provide temporary or short term accommodation facilities as a transit hotel/location to incoming public, visitors and tourists, workers on a strategic transport corridor with public transport bus services to closer to Parramatta CBD, Westmead Health and Education Precinct, and other centres within Cumberland. This could provide a greater level of opportunity for future residents to access jobs and other services.

·    Objective 22. Investment and business activity in centres: the intended proposal seeks to generate approximately 40 additional jobs approximately 76 motel/hotel units within the completed development which supports the broader Parramatta CBD and Westmead Health Innovation district.

·    Objectives 28 and 30. Scenic and cultural landscapes are protected, and urban tree canopy cover is increased. The proposal enables 40m or more separation distance to maintain the visual garden setting around the existing heritage cottage, encourages landscaping around the heritage item and contributes to increasing the tree canopy within and outside the site.    

 

Consistency with the Central City District Plan

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

·    Planning Priority C1. Planning for a city supported by infrastructure: this planning proposal will supply social related infrastructure and contribute towards transport infrastructure improvements.

·    Planning Priority C3. Providing services and infrastructure to meet people’s changing needs: This planning proposal will provide a hotel or motel development and encourage the adaptive re-use and enhancement of an existing heritage item which is the Wattles Cottage to the public, visitors and tourists and the nearby residential neighbourhoods.

·    Planning Priority C4. Fostering healthy, creative, culturally rich, and socially connected communities: the planning proposal will provide a hotel/motel development with other hotel facilities such as well-being, gymnasium which provides facilities for visitors and tourists and The Wattles cottage heritage as a restaurant next to residential neighbourhoods at the Westmead South precinct. It contributes to the development of a place that facilitates a community culture and connection for social gatherings and events and provides temporary transit location for temporary accommodation closer to services and jobs.

·    Planning Priority C5. Providing housing supply, choice, and affordability, with access to jobs, services and public transport: The proposal enables short term transit accommodation provisions located closer to a strategic bus transport corridor and state roads with access to jobs, services, public transport, and nearby larger centres including within 30 minutes of the Greater Parramatta City Centre.

·    Planning Priority C6. Creating and renewing great places and local centres and respecting the district’s heritage: The planning proposal contributes to the restoration and enhancement of the Wattles heritage cottage as a great place along with a multi-level hotel or motel development. It is designed to respect the existing heritage item on site with an over 40m separation distance with setbacks from the proposed hotel development and further preserve and enhance its heritage significance, restoration of the cottage and surrounding landscaped gardens without being demolished.

·    Planning Priorities C7 and C8. Growing a stronger and more competitive Parramatta and delivering a more connected GPOP economic corridor: The proposed non-residential uses introduced for the site will provide economic vitality and revitalisation to an isolated underutilised site to further broaden short term transit accommodation options within greater Parramatta and Cumberland City region to attract more visitors, tourists and community to the area through the enhancement and restoration of the Wattles heritage cottage, its landscape gardens and the proposed hotel/motel development with other well-being facilities which can be enjoyed by visitors and patrons.          

·    Planning Priority C10. Growing investment, business opportunities and jobs in strategic centres: This planning proposal will provide access to jobs and services in Westmead and Wentworthville which is identified as Cumberland’s local centres and South Wentworthville area which is considered a future investigation area for housing growth.

 

Consistency with Cumberland 2030: Our Local Strategic Planning Statement

 

The proposal is in an area identified in Cumberland City’s Centres Framework outside a local centre in South Wentworthville within proximity of Wentworthville, Westmead centres and Parramatta CBD. The site is also located in a key strategic corridor in Cumberland and within a future housing investigation area, and is broadly consistent with Cumberland 2030: Our Local Strategic Planning Statement, including:

·    Planning Priority 5. Delivering housing diversity to suit changing needs: This proposal will deliver short term or temporary transit accommodation and restaurant use within a prime location that is located closer to jobs, facilities and services within South Wentworthville, Westmead, Parramatta CBD, and Wentworthville where housing diversity is being delivered to suit changing needs. The proposal maintains the site’s existing R2 low density residential zoning given the site’s unsuitable nature and location for proposed housing but introduces two non-residential additional permitted uses to make the site more economically viable for redevelopment and restore existing Wattles Heritage Cottage through conservation.  

·    Planning Priority 8. Celebrate our natural built and cultural diversity: This proposal will provide a place for social interaction through the proposed hotel or motel development and restoration and further enhancement of the Wattles Cottage (existing local heritage item and other items located outside) within the site for broader community, visitors, and tourists.

·    Planning Priority 10. Support a strong and diverse local economy across town centres and employment hubs: This planning proposal will encourage new diverse activities that support the local economy and broader community for an underutilised site that has been vacant for years without being developed or being recognised given its existing local heritage significance.

·    Planning Priority 11. Promote access to local jobs, education opportunities and care services: This planning proposal will result in the creation of new jobs and deliver a high-quality multi-level hotel or motel development with other hotel facilities and restore, conserve, and enhance the existing Wattles Cottage which is one of Cumberland’s oldest heritage items opened to the broader community, visitors and tourists.

·    Planning Priority 13. Protect and enhance natural and green spaces and sporting facilities: The planning proposal will enable landscaping around the heritage item and provision of more trees to beautify the site and enhance the heritage significant wattles cottage and the hotel/motel and its broader surrounds including Great Western Highway.

Council officers support an amended proposal progressing to the next phase of assessment, subject to certain changes to the scheme as outlined in this report. The Planning Proposal Request is found to be broadly consistent with the strategic planning framework and policy context and is likely to deliver a wide range of benefits to the local community, including the restoration and adaptive reuse of a ‘forgotten’ local heritage house and gardens, employment opportunities, and services and facilities.

The planning proposal request was placed on early consultation as outlined in this report. Further statutory consultation will occur if the proposal proceeds to Gateway.

Financial implications are outlined in the report.

The report recommends that an amended planning proposal for the site be reported to Council for consideration. Should Council resolve to forward the proposal to the Department of Planning and Environment for a Gateway Determination, there will be policy implications associated with the subsequent stages of the planning proposal process. These will be outlined in subsequent Council reports.

The outcome of this matter will be notified on Council’s website. Submitters will also be notified in writing of the outcome.

 

 

Report Recommendation: That Cumberland Local Planning Panel (CLPP) recommend that Council supports, for the purpose of a Gateway Determination, an amended planning proposal for 245-247 Great Western Highway, South Wentworthville, with the following planning controls on the site: ·   Amend the site’s height of buildings control from 9 metres to 18 metres ·   Apply an FSR of 1:1 to the site ·   Amend Schedule 1 to include ‘café or restaurant’, and ‘hotel or motel accommodation’ as additional permitted uses on the site, with the hotel/motel component capped at 76 rooms.

 

1.      Planning Proposal Request  

2.      Planning Proposal Concept Plans  

3.      Architectural Plans for Approved DA  

4.      Traffic Impact Assessment  

5.      Heritage Impact Statement  

6.      Schedule of Conservation Works  

7.      Peer Review of Heritage Impact Statement  

8.      Noise Assessment Report  

9.      Preliminary Contamination Assessment  

10.    Acid Sulphate Soils Assessment  

11.    Transport for NSW submission (April)  

12.    Transport for NSW Submission  

13.    Proponent's Response to Transport for NSW Submission  

14.    Heritage NSW Submission  

15.    Summary of Community Submissions   

 

Attachment 1

Planning Proposal Request

 13 July 2022

Attachment 2

Planning Proposal Concept Plans

 13 July 2022

Attachment 3

Architectural Plans for Approved DA

 13 July 2022

Attachment 4

Traffic Impact Assessment

 13 July 2022

Attachment 5

Heritage Impact Statement

 13 July 2022