Cumberland Local Planning Panel Meeting

 8 March 2023

Minutes of the Cumberland Local Planning Panel Meeting held via Zoom on Wednesday 8 March 2023.

Present:

Stuart McDonald (Chairperson), Wayne Carter, Helen Deegan and Bruce Simpson.

In Attendance:

Esra Calim, Michael Lawani, Shaylin Moodliar, Rashika Rani, Jai Shankar, Bhavisha Sheth, Olivia Yana, Paulette Maroon and Calum Thomson.

Notice of Live Streaming of Council meeting

The Chairperson advised that the Cumberland Local Planning meeting was being streamed live on Council's website and members of the public must ensure their speech to the Panel is respectful and use appropriate language.

The meeting opened at 11:36am.

Declarations Of Interest:

There were no declarations of interest.

ADDRESS BY INVITED SPEAKERS:

The following persons had made application to address the Cumberland Local Planning Panel meeting:

Speakers Item No. Subject

Dominic Khoury                  LPP005/23 – Development Application for 20 Myee Street, Merrylands

Najat Zeait                            LPP005/23 – Development Application for 20 Myee Street, Merrylands

Sardar Khalid                      LPP005/23 – Development Application for 20 Myee Street, Merrylands

Hamza Khalid                      LPP005/23 – Development Application for 20 Myee Street, Merrylands

The Chairperson enquired to those present in the Gallery as to whether there were any further persons who would like to address the Panel. 

Speakers Item No. Subject

Christopher Bazouni          LPP005/23 – Development Application for 20 Myee Street, Merrylands

Tony Bazouni                      LPP005/23 – Development Application for 20 Myee Street, Merrylands

Lenox Tweneboa                LPP005/23 – Development Application for 20 Myee Street, Merrylands

Anthony Nakhoul                LLP007/23 – Development Application for 73 Bangor Street, Guildford

The open session of the meeting closed at 12:37pm.

The closed session of the meeting opened at 12:39pm.

ITEM LPP005/23 - Development Application for 20 Myee Street, Merrylands

Panel Decision:

The Panel generally concurs with the Council Officer’s Assessment Report and refuses the Development Application for the reasons outlined below.

1. That Development Application No. DA2022/0417 for demolition of existing structures and construction of a one storey community facility including at-grade parking and tree removal on land at 20 Myee Street Merrylands NSW  2160 be refused for the reasons listed below.

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

Reasons for Decision:

1. The proposed non-residential development is inconsistent with the objective of the R3 Medium Density Zone, as indicated in Cumberland Local Environmental Plan 2021 (CLEP) as it does not minimise the impacts on the amenity of the medium density residential environment.

2. The site is not suitable for the scale of development proposed due to the anticipated impacts, including unacceptable increase in traffic, insufficient parking, and likely noise impacts.

3. The development does not satisfy the definition of a community facility. The primary activities on the site as per the Plan of Management predominantly consist of religious lectures and gatherings and celebration of religious events, which are akin to a place of public worship rather than a community facility.

4. Failure to demonstrate compliance with Cumberland Local Environmental Plan 2021 (CLEP), with regard to the following:

Clause 6.7 - Stormwater Management

Inadequate information has been submitted to enable compliance against the requirements of this clause to be determined, noting the design of the On-site Detention facility (OSD) does not consider Upper Parramatta River Catchment Trust (UPRCT) guidelines (Third Edition) and Council’s OSD policy in its calculations.

5.         Failure to demonstrate compliance with Cumberland Development Control Plan 2021 (CDCP), with regard to the following:

a) Part E2, Section 2.2, C1 and Part G3, Section 3 & Section 4.7, C1 & C4 – Car parking

Contrary to these controls, the development does not provide sufficient on-site parking to cater for the proposed development and would result in unacceptable impacts on the local road network, impede pedestrian safety and street parking within the vicinity of the site.

b) Part E2, Section 2.4, C1 & C2 – Operational management plan and acoustic impacts

Contrary to these controls, the plan of management and acoustic report submitted are not considered to be satisfactory. An explanation of the measures that will be utilised to mitigate noise impacts during all events and crowd control within the plan of management has not been provided by the applicant. Clarification with regard to noise from entertainment sources at the premises (especially music, both indoors and outdoors) and how they will be managed in the acoustic report has also not been provided to allow for proper assessment of the acoustic impacts.

c) Part G3, Section 4.7, C2 & C5 – Carpark design and access

Contrary to these controls, it has not been demonstrated that a service/parking bay provided for coach/bus with appropriate turning area have been provided to ensure that the coach/bus can enter and leave the site in a forward direction.

6.         In the circumstances of the case, approval of the proposed development would be contrary to the public interest.

For:                Stuart McDonald (Chairperson), Wayne Carter, Helen Deegan, and Bruce Simpson.

Against:       Nil.

ITEM LPP006/23 - Development Application for 191-201 Pitt Street, Merrylands

PANEL DECISION:

The Panel generally concurs with the Council Officer’s Assessment Report and approves the application subject to the amendment of Condition 6 as outlined below.

1. That the Clause 4.6 variation request to contravene the height of building development standard, pursuant to the Cumberland Local Environmental Plan 2021, be supported.

2. That Development Application No. DA2022/0468 for alterations to parking arrangement including new access stairs and provision of signage on land at 191-201 Pitt Street, Merrylands NSW 2160 be approved subject to conditions listed in the attached schedule with the following amendment:

Condition 6 - DACCA04 - Works within Boundary

No portion of the works are to exceed the boundary of the subject property, except for the signage on Pitt Street and Treves Street.

For:               Stuart McDonald (Chairperson), Wayne Carter, Helen Deegan, and                        Bruce Simpson.

Against:        Nil.

ITEM LPP007/23 - Development Application for 73 Bangor Street, Guildford

Panel Decision:

The Panel generally concurs with the Council Officer’s Assessment Report and refuses the Development Application for the reasons outlined below.

1. That Development Application No. DA2022/0388 for demolition of existing structures and construction of a four (4) storey co-living housing development comprising 14 rooms over basement car parking for 4 vehicles pursuant to the State Environmental Planning Policy (Housing) 2021 at 73 Bangor Street, Guildford be refused for the reasons listed below.

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

Reasons for Decision:

1.      Inconsistency with the State Environmental Planning Policy (Housing) 2021

a. The proposal is inconsistent with the stated principles (c), (d) and (e) of the State Environmental Planning Policy (Housing) 2021 as the undersized lot for co-living housing does not provide its residents or the neighbours with a reasonable level of amenity. Adverse environmental impacts (landfill across the site and its impact on flooding and stormwater drainage) have not been adequately addressed.

b. The proposal is inconsistent with Section 68(2)(d) of the State Environmental Planning Policy (Housing) 2021 regarding communal open space.

c. The proposal is inconsistent with Section 69(1)(a) of the State Environmental Planning Policy (Housing) 2021 regarding minimum room sizes, for rooms 1 and 14.

d. The proposal is inconsistent with Section 69(1)(b)(ii) of the State Environmental Planning Policy (Housing) 2021 as the site does not meet the required minimum of 800 square metres for co-living housing in the R4 Zone. 

e. The proposal is inconsistent with Section 69(2)(a)(ii) of the State Environmental Planning Policy (Housing) 2021 as the side and rear setbacks do not comply across all levels (including the basement level).

f. The proposal is inconsistent with Section 69(2)(b) of the State Environmental Planning Policy (Housing) 2021 with regard to the side and rear setback requirements.

g. The proposal has failed to justify the contravention of the communal open space, accommodation size, setbacks and building separation development standards prescribed under Sections 68 and 69 of the State Environmental Planning Policy (Housing) 2021.

2.      Inconsistency with the Cumberland Local Environmental Plan 2021

a. The proposal is inconsistent with the stated aims (b) and (f) of the Cumberland Local Environmental Plan 2021 as the proposed co-living housing development does not provide its residents or the neighbours with a reasonable level of amenity. Adverse environmental impacts (landfill across the site and its impact on flooding and stormwater drainage) have not been adequately addressed.

b. The proposal is inconsistent with the R4 zone objectives (dot point number 5) as the built form and suitability of the site does not maintain or enhance the residential amenity of the surrounding area.

c. The proposal is inconsistent with the objectives of Clause 5.21 of the Cumberland Local Environmental Plan 2021.

d. The proposed landfill and construction across the site may impede overland flow. In addition, the excessive fill (up to 1.2 metres above the approximate natural ground level) outside the building envelope will adversely affect the existing drainage patterns of the adjoining and surrounding properties and could not be justified in accordance with the provisions of the Clause 6.2 Earthworks of the Cumberland Local Environmental Plan 2021.

e. The proposal fails to provide adequate tree canopy, landscaped area, open space and deep soil zones as required by Clause 6.12 of Cumberland Local Environmental Plan 2021.

f. The proposed stormwater design will adversely affect the existing drainage patterns of the adjoining and surrounding properties and could not be justified in accordance with the provisions of the Clause 6.7 Stormwater Management of the Cumberland Local Environmental Plan 2021.

3. Insufficient Information

Insufficient information has been submitted with the application to allow a proper and thorough assessment of the likely impacts of the proposed development as follows:

a. A flood report with a flood emergency response plan for the site demonstrating compliance with Council’s current Flood Risk Management Policy 2021 (CFRMP 2021) have not been provided.

b. No traffic study or traffic impact assessment report for the site has been submitted to Council which adequately addresses access and manoeuvring at the entry and exit, queuing and safety particularly pedestrian/access conflict within the basement and compliance with Australian Standard 2890.1:2004.

c. No 3D sun view diagrams showing the entire adjoining built form to ascertain if the proposal provides adequate sunlight to adjoining properties and adequate daylight access to at least 1 communal living area have been submitted for Council assessment.

4. Due to the matters detailed above and the likely environmental and social impacts, the proposal is unacceptable and not considered suitable for the subject site where it is likely to result in undesirable impacts in the locality.

5. In the circumstances of the case, the proposal is not considered to be in the public interest.

For:                Stuart McDonald (Chairperson), Wayne Carter, Helen Deegan, and Bruce Simpson.

Against:       Nil.

The meeting terminated at 2:01pm.

Signed:

Stuart McDonald, Chairperson