12 June 2024

A meeting of the Cumberland Local Planning Panel will be held at 11.30am via Zoom on Wednesday, 12 June 2024.

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

5.      Closed Session Reports

 

 12 June 2024

CONTENTS

Report No.  Name of Report                                                                                         Page No.

Development Applications

ELPP017/24 Development Application - 20 Myee Street, Merrylands............................. 11

ELPP018/24 Development Application - 95-99 Blaxcell Street, Granville..................... 379

ELPP019/24 Development Application - 94-98 Chiswick Road, Auburn....................... 687

ELPP020/24 Development Application - 37 Claremont Street, Merrylands................... 887

ELPP021/24 Development Application - 25 Hampden Road, South Wentworthville   945

 12 June 2024

Item No: ELPP017/24

Development Application - 20 Myee Street, Merrylands

Directorate:                                       Environment and Planning  

Responsible Officer:                       Executive Manager City Planning and Development   

 

 

1.  Development Application No. DA2023/0484 was accepted on 25 August 2023 for the demolition of existing structures and construction of a single storey community facility with basement car parking and tree removal.

 

2.  The application was publicly notified to occupants and owners of the adjoining properties for a period of fourteen days between 7 September 2023 and 21 September 2023. The application was re-notified for a period of 14 days between 26 March 2024 and 9 April 2024 to account for design changes to the development.  In response, a total of 92 submissions were received in which 63 submissions are considered unique.

3.  The subject site is not listed as a heritage item or located within a heritage conservation area. The site however is located in close proximity of a heritage listed item with local significance in accordance with the Cumberland Local Environmental Plan 2021, which is an existing school building across the street, Merrylands East Public School (I214).

4.  A public briefing session was organised on 3 April 2024 at Council’s chambers. The purpose of the session was to clarify the development assessment process and to answer any questions regarding the proposed development.  

5.  The notable variations are delineated as follows:

 

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

7.  The application is recommended for refusal as discussed in the Council’s assessment report.

Subject Site and Surrounding Area

The subject site is rectangular in shape and legally described as Lot Z in DP 388342 with an area of 1,005 square metres (by title). The site has a street frontage to Myee Street with a width of 18.18m and depth of 55.64m. It has a 2m fall from the rear to the front. Existing improvements on the site include a single storey dwelling, a fibro shed within the front setbacks, a couple of metal sheds at the rear and a variety of small to mature trees are scattered throughout the site. The site is located across the road from the Merrylands East Primary School that is identified as a heritage listed item with local significance in accordance with the Cumberland Local Environmental Plan 2021 (I214). Surrounding land uses are typically single and double storey dwelling houses within the R3 Medium Density Residential zone. Merrylands Railway Station is situated approximately 900m walking distance from the site.

Figure 1 – Locality Plan of subject site edged in purple. Source: Council’s IntraMaps

Figure 2 – Zoning map with the subject site edged in purple. Source: Council’s IntraMaps.

Figure 3 – Street view of subject site

Description of The Development

Council has received a development application (as amended) for demolition of existing structures and construction of a single storey community facility with basement car parking and tree removal. A detailed breakdown of the development is provided below.

Demolition

·    Existing structures on the site.

·    Removal of 12 trees on site to accommodate the new development.

Construction

·    12 car parking spaces, including 1 accessible car space, within the basement car park.

·    Boundary fencing at the rear to the height of 2.1m from finished floor levels.

·    Covered rear outdoor area.

·    Multipurpose area.

·    Lounge, store room, office, kitchenette, toilets and bin room.

·    A bus bay within the front setback.

Details of use

·    Up to four (4) staff is proposed.

·    Up to 15-30 people will visit the community facility on a daily basis.

·    Up to 50-75 people during special events.

·    The hours of operation are 7.00am to 9.30pm, 7 days a week.

·    Associated activities proposed are as follows:

-     Venue for hire for private and community events – corporate events, private parties and celebrations, special occasion (i.e. birthdays, reunions, baptism, anniversaries, Mothers’ Day, Father’s Day etc), and cultural events (i.e. Australia Day, NAIDOC Events, Anzac Day, Eid, Ramadan, Diwali, Christmas etc).

-     Small group indoor sports and recreation activities.

-     Organising regular exercise and wellness groups.

-     Hosting dinners and inviting members from different communities to facilitate harmony among the local people.

-     Organising fund-raising drives and events to raise awareness of supporting the local needy people in our local community.

·    Other Information:

-     No food preparation onsite. Any event that will require food or meals to be served will be sourced from outside contractors.

-     The Centre and its activities will be open to all community members regardless of belief or practice.

-     The Centre will not be used as a church or place of public worship.

·    Note: Council notes that there are inconsistencies in the projected number of patrons for special events listed between the plan of management (maximum 75 patrons), acoustic report and the traffic report (both reports provide a maximum capacity of 60 patrons).

History

·    Pre-lodgement application advice (PL-2021/0102) was issued on 30 November 2021 for demolition of existing structures and construction of a place of public worship to house 40-50 worshippers. The pre-lodgement advice identified significant matters of concern including insufficient parking and a non-compliance with the required minimum lot size. It was concluded that the site is unsuitable to be developed for the purpose of a place of public worship.

·    Development Application DA2022/0417 was refused on 8 March 2023 by Cumberland Local Planning Panel for demolition of existing structures and construction of a one storey community facility including at-grade parking and tree removal. The main reasons for refusal were inconsistency with the use as community facility, amenity, stormwater, traffic and parking impacts.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Local Approvals dated July 2023 which was received by Council in July 2023 and March 2024 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 Engineering

The development application was referred to Council’s Development Engineer for comment who has advised that the development proposal is not supported for reasons stated below.

1.  The parking rate as estimated by the revised traffic report submitted for the proposed community facility is not considered satisfactory. Sufficient on-site parking spaces have not been provided for people attending the premises.

2.  A safe and appropriate service bay for a coach/bus within the site and appropriate manoeuvring area have not been provided on the site to ensure the coach/bus can enter and leave the site in a forward direction.

 

3.  The proposed stormwater management is not considered satisfactory as the driveway has excessive exposed area generating excessive runoff into the basement pump-out system. This would result in the pump out tank being overfilled and causing flooding.

Refer to detailed discussion under DCP section of the report.

Environment and Health

The development application was referred to Council’s Environmental Health Officer for comment who has advised that the development proposal is unsatisfactory regarding acoustic impacts including but not limited to potential noise from the activities on site, inconsistency between the acoustic report and Plan of Management in terms of maximum number of people and therefore cannot be supported.

Tree Management

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

Waste Management

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

External Referrals

Endeavour Energy

Endeavour Energy has raised no concern with the proposal subject to the inclusion of conditions in any consent for the development to ensure the existing power pole has sufficient clearance to the proposed driveway and the available electricity services are adequate for the development.

NSW Local Area Command

The development application was referred to NSW Local Area Command for comment in order to facilitate the incorporation of Crime Prevention Through Environmental Design (CPTED) principles into the proposal. As per the correspondence dated 12 September 2023, the proposal is considered supportable, subject to the imposition of conditions should consent be granted by the Panel.

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:

Local Environmental Plans

Cumberland Local Environmental Plan 2021 (CLEP)

The provision of the Cumberland Local Environmental Plan 2021 is applicable to the development proposal.

The proposed development is defined as a ‘community facility’ which is a permissible land use in the R3 Medium Density Residential zone with consent. The definition of community facility within the CLEP is delineated as follows:

community facility means a building or place—

a) owned or controlled by a public authority or non-profit community organisation, and

b) used for the physical, social, cultural or intellectual development or welfare of the community, but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.

The relevant matters to be considered under CLEP 2021 and the applicable clauses for the proposed development are summarised below. A comprehensive CLEP assessment is contained in Attachment 8.

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

The Cumberland Development Control Plan (DCP) 2021 provides guidance for the design and operation of development to achieve the aims and objectives of the Cumberland LEP 2021.

A comprehensive assessment and compliance table is contained in Attachment 9.

A summary of the DCP non-compliances is provided in the following table. 

Control	Proposed	Complies
Part E2 Community Facilities
Section 2.1 – Bulk and Scale   C1- Community facilities are to be designed and landscaped in a manner that enhances the quality and visual amenity of the streetscape.	The proposed hard stand area for bus parking within the front setback is considered to be inconsistent with the streetscape and fails to integrate with the established neighbourhood character. Furthermore, the proposed front setback of 12-13m is inconsistent with the prevailing setback of buildings in the street, hence the proposal is recommended for refusal.	No.
Section 2.2 – Traffic, parking and transport   C1 - Development for the purposes of a community facility will comply with the specific traffic, parking and transport requirements set out in Part G3 of this DCP.	See discussion below under Part G3 – Traffic, Parking, Transport & Access (Vehicles)	No.
Section 2.3 – Landscaping and Open Space   C1- Where community facilities are proposed in residential zones, a minimum of: • 50% of the front setback shall be landscaped area	117 sqm of landscape area is required within the front setback. However, only 78.9 sqm (33.7%) is provided which is inconsistent with the landscape character of the locality.	No.
Section 2.4 – Operational Plan of Management   C1 & C2   This Operational Plan of Management must include, but is not limited to, the following information for each proposed use: • a list of the types of community purposes (e.g. community colleges, senior citizens groups, youth groups and the like) the building may be used for outside the regular services, including how often and how many people it will attract; • a list of the type of organisations that may let or use the building and for what purposes, including how often and how many people it will attract; • an explanation of the measures that will be utilised to manage parking and local traffic when a special event is scheduled and measures to minimise potential for coinciding traffic peaks between scheduled events; • an explanation of the measures that will be utilised to mitigate noise impacts during main events and crowd control; and • contact persons who will be responsible for managing and responding to community feedback and complaints. This is to be updated periodically.	The submitted Plan of Management is considered unsatisfactory for the following reasons:   There are inconsistencies in the projected number of patrons for special events listed between the plan of management (maximum 75 patrons) traffic and acoustic reports (maximum 60 patrons).   Furthermore, the plan of management submitted in support of the application lacks detail with respect to the frequency of the special events to allow for proper assessment of the acoustic impacts. Following discussion with Council's Building Surveyor, it is also noted that the floor area of the community hall being 194sqm is capable of accommodating over 150 patrons as per clause D2D18, volume one of National Construction Code 2022 (1 person/sqm). The applicant's proposed maximum capacity of 60-75 patrons is considered inconsistent with the actual capacity of the hall and there is no adequate mechanism put in place to ensure the proposed capacity is not exceeded.	No.
Part G3 – Traffic, Parking, Transport & Access (Vehicles)   Section 4.7– Other land use (Community facilities)   C1 & C4   Parking rates shall comply with the minimum parking rates in Section 3 of this Part of the DCP.         Car parking shall be provided in accordance with the recommended rates following the completion of the traffic and transport impact statement. If Council is not satisfied with the car parking rate proposed in a development application, the car parking rate for places of public worship shall apply.   A traffic and transport impact statement will be required for developments with any capacity. The statement shall: • assess the impact upon the surrounding streets and the measures proposed to mitigate such impacts; • identify the number of parking spaces required on the basis of the general use of the site. Reference should be made to similar existing and operating premises in similar neighbourhoods as far as possible;	The revised traffic report submitted for the proposed community facility is not considered satisfactory. Despite request to identify the number of parking spaces required on the basis of the specific use/special event of the site and taking into account of the site location being in close vicinity to the public school across the road, the applicant has not satisfactorily addressed this matter within the report.    Council is not satisfied with the proposed 12 car parking spaces and hence the car parking rate for places of public worship will be applicable in this instance.   In this regard, 42 car spaces would be required, resulting in shortfall of 30 spaces (71.4% variation).   Furthermore, given car parking space 9 will have insufficient head room clearance due to the location of the rainwater tank (if underground), this car space will be unusable for parking.  Therefore, the net total useable car parking spaces will be reduced to 11 car spaces.   There is inconsistency in the projected number of patrons for special events listed between the plan of management (maximum 75 patrons) and the traffic report (which provide a maximum capacity of 60 patrons).   It is also noted that the total gross floor area of the development indicate actual maximum number of patrons that could potentially exceed the estimated maximum patron number at any one time.   The traffic report also makes reference to the use of shuttle bus/coach for pick up and drop off with capacity of up to 21 patrons. Further review of the information submitted indicates that service/parking bay and appropriate turning area have not been provided on the site to ensure the coach/bus can enter and leave the site in a forward direction.   The significant shortfall of 30 car parking spaces (71.4%) would result in traffic and parking impacts on the existing locality and the local road network, which is not supported in this instance. Hence the proposal is recommended for refusal.	No
Section 4.7, C2 & C5 All vehicles shall be able to enter and leave the site in a forward direction.   Car parking design shall comply with AS 2890.	A safe and appropriate service bay for a coach/bus within the site in accordance with AS2890 and appropriate turning area with swept path clearance diagram have not been demonstrated  on the site to ensure the coach/bus can enter and leave the site in a forward direction.   The access driveway and vehicle crossing are inconsistent with the Council’s requirement and specification.   Compliant headroom clearance will not be afforded to the area of basement in particular for basement parking spaces 9.   The proposed driveway will result in street stormwater overflowing into the basement  which is not supported.   The ramp gradient and the transition gradient does not comply with the requirements outlined in Section 3.3 of AS2890.1-2004.   The long-section profile fails to show the finished driveway surface level at the boundary and the sectional lengths of each section of the driveway with that particular gradient.   Further, the following inconsistencies have been identified:   -    Inconsistency between the architectural plans and stormwater plans regarding the location of the bus bay underground OSD tank and rainwater tank.   -    Inconsistency between the traffic report, swept paths diagrams and the architectural plans.     Non-compliance with these controls raise significant pedestrian safety concerns, and traffic and parking impacts on the existing locality. The proposal therefore could not be supported in this instance.	No.
Section 4.7– C7 At grade parking shall be considered where it does not adversely impact streetscape character. Where at grade parking is provided, it shall be landscaped to a high quality and incorporate shade trees.	The proposed hard stand area for bus parking within the front setback is considered to be inconsistent with the streetscape and fails to integrate with the established neighbourhood character.	No
Section 4.3 – Basement Parking C1 & C7 Basement Parking shall be safe, well designed and located within the building footprint.   Basement access/ramp design shall comply with ramp requirements specified in AS2890.	The basement is not located within the building footprint.   As stated above, basement ramp design and gradient do not comply with AS2890.	No.
Part G4 - Stormwater and Drainage Section 2.4 Pumped Discharge C1 The use of pumps shall only be permitted to drain underground parking area of a proposed development and the only inflow is seepage and runoff from an access driveway. See Table 2 for pump requirements.	The proposed stormwater management is not considered satisfactory as the basement pumped discharge system is not appropriately designed as per Council’s Development Engineer comments above.	No.

As indicated in the compliance table above, the proposed development departs from controls in Parts E2, G3 and G4 of CDCP. Having regard to these departures, it is considered that the proposal performs unsatisfactorily from an environmental planning viewpoint as detailed in the above table. The non-compliances form part of the reasons for refusal.

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 identified that the proposed development if approved would create issues in relation to traffic and parking, noise, intensity of use and stormwater drainage. For the reasons as presented within the report, the proposed development is not supported.

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

It is considered that the development is unsuitable in the context of the site and surrounding neighbourhood. The proposed form is not considered to be an appropriate design response for the site. The development will adversely impact the existing residential amenity and the locality. The proposal is therefore not supported in this instance.

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 proposal was publicly notified for a period of 14 days between 7 September 2023 to 21 September 2023. Amended plans were further publicly re-notified for a period of 14 days between 26 March 2024 and 9 April 2024.  To date, a total of 92 submissions have been received in which 63 submissions are considered unique.

All of the submissions are objecting to the proposed development with nil disclosing a political donation or gift. The issues raised in the public submissions are summarised and commented on as follows:

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

In view of the foregoing analysis it is considered that the development as proposed would not be consistent with 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 7.12 of the EP&A Act, calculated on the cost of works. A total contribution of $15,262.00 would be payable should the Panel support the application.

However, given that the development application is recommended for refusal, the matter of contributions is not explored further.

Housing And Productivity Contribution Act 2023

In accordance with s7.24 of the Environmental Planning and Assessment Act, 1979 as amended by the Environmental Planning and Assessment Amendment (Housing and Productivity Contribution) Act 2023, the development is subject to the (Housing and Productivity Contribution) Act 2023.

In accordance with Part 2 of Schedule 5 of the Environment Planning and Assessment (Housing and Productivity Contribution) Order 2023 (‘the Order’), the Order does not apply to a development consent granted to a pending development application (Pending DA).

A ‘Pending DA’ as per Schedule 1 of the Order and s16, Part 9 of the EP&A Reg 2021 is as follows:

a)   a development application that is made, but not determined, before the commencement of this Order, or

b)   a development application that is made and determined before the commencement of this Order, but has not been finally determined, or

c)   an application for a complying development certificate that is made, but not determined, before the commencement of this Order.

As the application was lodged on the 25 August 2023, the HPC provisions do not apply to this application.

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 (Housing 2021), Cumberland Local Environmental Plan 2021, State Environmental Planning Policy (Biodiversity and Conservation) 2021, Cumberland Development Control Plan 2021 and is considered as being unsatisfactory for the reasons as discussed within the report.

Having regard to the relevant matters of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development is unacceptable for the reasons outlined in this report. It is recommended that the development application be refused.

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

1.  That Development Application No. DA2023/0484 for demolition of existing structures and construction of a single storey community facility with basement car parking and tree removal on land at 20 Myee Street, Merrylands NSW 2160 be refused for the reasons listed in Council’s assessment report.

2.  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  

3.      Stormwater Plans  

4.      Plan of Management  

5.      Traffic Assessment Report  

6.      Acoustic Report  

7.      Submissions Received  

8.      Cumberland LEP Assessment  

9.      Cumberland DCP Assessment   

 

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP017/24

Attachment 1

Draft Notice of Determination

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP017/24

Attachment 2

Architectural Plans

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP017/24

Attachment 3

Stormwater Plans

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP017/24

Attachment 4

Plan of Management

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP017/24

Attachment 5

Traffic Assessment Report

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP017/24

Attachment 6

Acoustic Report

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP017/24

Attachment 7

Submissions Received

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP017/24

Attachment 8

Cumberland LEP Assessment

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP017/24

Attachment 9

Cumberland DCP Assessment

 12 June 2024

 12 June 2024

Item No: ELPP018/24

Development Application - 95-99 Blaxcell Street, Granville

Directorate:                                       Environment and Planning  

Responsible Officer:                       Executive Manager City Planning and Development   

 

 

1.  Development Application No. DA2023/0333 was lodged on the 4th August 2023 for the construction of a single storey food and drink premises including drive-through facility with vehicular entry/exit from Charles Street, at-grade parking for thirteen (13) vehicles, hours of operation 7.00am to 9:00pm, Mondays to Saturdays and associated landscaping and stormwater drainage works.

2.  The application was publicly notified to occupants and owners of the adjoining properties for a period of 14 days between the 5th September 2023 and 19th September 2023. In response, one (1) submission was received.

3.  The application was publicly notified, to an extended notification area, to occupants and owners of the adjoining and surrounding properties for a period of 14 days between the 27th September 2023 and 11th October 2023. In response, seventeen (17) were received.

4.  The applicant amended the proposal to increase the operating hours to operate from 7.00am until 12:00am (midnight), seven (7) days a week. The application was publicly re-notified, for a period of 14 days between the 11th October 2023 and 25th October 2023. In response, seventeen (17) were received.

5.  The application was publicly re-notified, to an extended notification area, to occupants and owners of the adjoining and surrounding properties for a period of 14 days between the 26th October 2023 and 9th November 2023. In response, sixteen (16) submissions were received.

6.  The applicant amended the proposal by relocating the building to the western portion of the site. The application was publicly notified, to an extended notification area, to occupants and owners of the adjoining and surrounding properties for a period of 14 days between the 1st February 2024 and 15th February 2024. In response, seventeen (17) submissions were received.

7.  The subject site is not listed as a heritage item or located within a heritage conservation area in the Cumberland Local Environmental Plan 2021.

8.  The application is referred to the Panel as the proposal is considered contentious development and is subject to more than 10 unique submissions by way of objection from the five (5) separate public notification periods. To date, a total of 67 submissions and 2 petitions have been received, of which 40 are unique submissions.

9.  The application is recommended for refusal as provided in the Council’s assessment report.

Subject Site and Surrounding Area

The subject site is legally described as Lot 1 in DP 857303, and is commonly known as 95-99 Blaxcell Street, Granville. The site is located on the south-eastern intersection of Blaxcell Street and Charles Street between Fifth Street to the north, The Trongate to the east and Celia Street to the south.

The site has the following dimensions:

·    Western (Blaxcell Street) frontage             24.51 metres.

·    Northwestern corner splay frontage          9.435 metres

·    Northern (Charles Street) boundary          24.405 metres.

·    Eastern (side) boundary                              30.74 metres.

·    Southern (side) boundary                            30.4 metres.

The site has an area of 921.7 square metres (by calculation). The site has a fall of approximately 1.26m or 4.1% to the western Blaxcell Street footpath from the eastern boundary.

The property is currently vacant with no vehicular crossings from Blaxcell Street. There is an existing rolled kerb along the site’s frontage to Charles Street. There is a pole mounted substation outside the front of the site along Charles Street. There is a glass-covered bus stop bench with roof and garbage bin outside the front of the site along Blaxcell Street. There are 2 concrete footpaths adjacent to the site along Blaxcell and Charles Streets. There are no trees within the site or within the public domain adjacent to the site.

The location of the site is shown below edged in purple.

Figure 1 – Aerial base map of the site (highlighted in purple) and locale. Source: Council’s IntraMaps

Figure 2 - Aerial view of the site (highlighted) and locale. Source: Nearmap dated 13 March 2024

The subject site is zoned E1 Local Centre under the Cumberland Local Environmental Plan 2021. The site is located within the Louis Street local shops precinct of Granville. The site is located across the Blaxcell Street property boundary from residential, mixed and business ‘local shop’ properties within the Louis Street local shops precinct.

The adjoining property to the east, 14 Charles Street is a detached single-storey dwelling house. Further east along Charles Street are one-and-two storey detached dwelling houses. To the west within the Louis Street local shop precinct are three one-and-two storey mixed use developments at 98, 100 and 104 Blaxcell Street. To the south within the Louis Street local shop precinct at 101 Blaxcell Street is a service station trading as ‘Power Fuel’ and attached with associated vehicle repair shop. To the north and northeast along Charles Street are one-and-storey storey dwelling houses. To the northwest across Blaxcell Street is the Granville Woolworths supermarket with at-grade car parking with street access from Louis Street.

The subject site is located approximately 1150 metres walking distance from Granville or Clyde Railway Stations on the T1 (Western line) and T2 (Inner West & Leppington lines) operated by Sydney Trains and owned by Transport for NSW.

Figures 3 and 4 – View of the Charles Street public domain (left) looking east and the Blaxcell Street public domain (right) looking south with the vacant subject site in the foreground. Source: Photos taken 30 January 2024.

Description of The Development

Development Application 2023/0333 is proposing the construction of a single storey food and drink premises including drive-through facility with vehicular entry/exit from Charles Street, at-grade parking for thirteen (13) vehicles, hours of operation 7.00a.m. to 12:00.am (midnight), seven (7) days a week and associated landscaping and stormwater drainage works.

A detailed summary of the proposal is provided below:

Earthworks

·    Site preparation for the building and car park platform including associated earthworks to allow the construction of an at-grade car park for 13 vehicles.

Construction of the single-storey food and drink premises

Carpark level (RL 14.50)

·    Vehicular car parking for thirteen (13) car parking spaces including one (1) accessible car parking space, with vehicular access from Charles Street;

·    Drive-through lane approximately 3.5m wide along the western boundary fronting Blaxcell Street with separate order and collection windows;

·    Two (2) pedestrian crossings within the drive-through lane;

·    One (1) loading bay approximately 3.5m wide x 6.4m long;

·    One (1) waiting bay approximately 2.6m wide x 5.4m long;

·    Waste storage area along Charles Street;

·    A 3.1 metre high acoustic noise fence/wall along the eastern landscaped strip adjacent to the eastern boundary (as per acoustic consultant’s recommendation);

·    A 1.2 metre high acoustic noise fence/wall along the western boundary of the drive-through lane (as per acoustic consultant’s recommendation); and

·    Two (2) bicycle spaces adjacent to the Charles Street boundary.

Ground level (RL 14.70)

·    Food and drink premises containing 32 seats with 24 indoor (6 x 4 seater internal dining area tables and bench) and 2 x 4 seater outdoor dining area tables; and

·    Food and drink premises kitchen, counter/service counter space, store/cool room, unisex accessible toilet and separate male and female toilets.

Hours of operation

·    7:00am until 12:00am (midnight), seven days a week.

Note: No building/business identification signage or number of staff details have been provided.

History

·    On the 11th October 2022, Council staff held a pre-lodgement (PL2022/0082) meeting with the applicant their representatives for construction of a restaurant with drive-through facility, at-grade car parking for 18 vehicles and business identification signage.

·    On the 4th August 2023, Development Application No. 2023/0333 was lodged with Council which is the subject of this report.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Caladines Town Planning Pty Ltd dated May 2023 and was received by Council on 2nd June 2023 in support of the application.

Contact With Relevant Parties

The assessing officer has undertaken site inspections of the subject site and surrounding properties on the 19th September 2023, 20th November 2023 and 30th January 2024. The assessing officer has been in regular contact with the applicant (Baini Design) throughout the assessment process.

 

Internal Referrals

Development Engineering

The development application was referred to Council’s Senior Development Engineer for comment who has advised that the development proposal is unsatisfactory and cannot support the development application based on the following grounds:

·    Inadequate swept paths within the drive-through lane and the car park including demonstrating how left turn exits from the site can be achieved without encroaching the centre of the Charles Street roadway.

·    Adverse traffic impacts to Charles Street and to the Blaxcell/Charles Streets intersections (both streets are identified as local roads).

·    Failure to design a loading bay without interfering with the drive-through service.

·    Incorrect and insufficient traffic and parking report including basing its traffic generation rates for a Kentucky Fried Chicken (KFC) outlet where the applicant has stated there is no operator for the site. Traffic and trip generation rates should be provided for the highest order outlet (i.e., McDonalds)

·    Unsatisfactory proposed queuing area within the car park. Queuing areas shall be clear of the parking module and not create vehicular and pedestrian conflicts within the car park.

·    Failure to comply with Australian Standard 2890.1 as a minimum 3.6m wide drive-through lane is not provided.

Environment and Health

The development application was referred to Council’s Environmental Health Officer for comment who has advised that the development proposal is unsatisfactory and cannot support the development application based on the following grounds:

·    Failure to provide internal commercial kitchen and layout details to demonstrate compliance with the Food Act 2003, Food Regulations 2015, The Food Standards Code and Australian Standard 4764-2004 – Design, construction and fit out of food premises.

·    Failure to provide an adequate Plan of Management.

·    Failure to provide details in relation to specific types of food and the name of the business so that a full assessment can be carried out on the development.

·    Failure to provide a Level 2 odour impact assessment report prepared by a suitably qualified and experienced person to determine site suitability and to ensure the extent of the odour impact is less than the distance to the nearest receiver and to design appropriate management practices that are sufficient to prevent odour problems.

Tree Management

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

Waste Management

The development application was referred to Council’s Senior Resource Recovery Officer for comment who has advised that the submitted waste management plan is satisfactory. However, the proposal fails to provide details of a waste collection provider including the size of the vehicle which will enter and exit the car park in accordance with Part G8 of the Cumberland Development Control Plan 2021. In this regard, insufficient information has been provided regarding waste management.

External Referrals

Endeavour Energy

Endeavour Energy has raised no concern with the proposal subject to the inclusion of conditions in any consent for the development to ensure the existing pole mounted substation along Charles Street has sufficient load and capacity and the available electricity services are adequate for the development.

NSW Police (Cumberland Police Area Command)

The development application was referred to NSW Local Area Command for comment in order to facilitate the incorporation of Crime Prevention Through Environmental Design (CPTED) principles into the proposal. As per the correspondence dated 1 November 2023, the proposal is considered supportable, subject to the imposition of conditions should approval be granted by the Local Planning Panel.

Planning Comments

The provisions of any Environmental Planning Instruments (s4.15(1)(a)(i) of the EP&AA 1979)

State Environmental Planning Policies

The proposal is affected by the following consolidated State Environmental Planning Policies that came into effect on 1 March 2022.

 

Local Environmental Plans

Cumberland Local Environmental Plan 2021 (CLEP 2021)

The provisions of the Cumberland Local Environmental Plan 2021 is applicable to the development proposal.

The proposed development is defined as a food and drink premises which is permissible in the E1 Local Centre land use zone with consent. The definition of the use is outlined as follows:

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.

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

The relevant matters to be considered under CLEP 2021 and the applicable sections for the proposed development are summarised below. A comprehensive CLEP 2021 assessment is contained in Attachment 2.

 

The provisions of any proposed instrument that is or has been the subject (s4.15 (1)(a)(ii) of the EP&AA 1979)

No proposed planning instruments applicable.

The provisions of any Development Control Plans (s4.15 (1)(a)(iii) of the EP&AA 1979)

The Cumberland Development Control Plan 2021 (CDCP 2021) provides guidance for the design and operation of development to achieve the aims and objectives of the CLEP 2021. A comprehensive assessment and compliance table is contained in Attachment 3.

A summary of the DCP non-compliances is provided in the following table. 

 

As indicated in the summary table above, the proposed development departs from controls in Parts C, G3 and G8 of the CDCP 2021. Having regard to these departures, it is considered that the proposal performs unsatisfactorily from an environmental planning viewpoint as detailed in the above table. The non-compliances form part of the reasons for refusal.

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 (s4.15(1)(a)(iiia) of the EP&AA 1979)

There is no draft planning agreement associated with the subject Development Application.

The provisions of the Regulations (s4.15(1)(a)(iv) of the EP&AA 1979)

The proposed development raises no concerns as to the relevant matters arising from the Environmental Planning and Assessment Regulation 2021 (EP&A Reg).

The Likely Environmental, Social or Economic Impacts (s4.15(1)(b) of the EP&AA 1979)

It is considered that the proposed development will have significant adverse environmental, traffic, social and economic impacts within the Louis Street local shop precinct and to the wider Granville locality including the surrounding road network. It is identified that the proposed development if approved would create adverse issues in relation to traffic and parking, noise, odour, intensity of use and residential amenity. For the reasons as presented within the report, the proposed development is not supported.

The suitability of the site for the development (s4.15(1)(c) of the EP&AA 1979)

It is considered that the development is unsuitable in the context of the site and surrounding neighbourhood. The proposed form is not considered to be an appropriate design response for the site. The development will adversely impact the existing residential amenity and the Louis Street local shop precinct. The proposal is therefore not supported in this instance.

Submissions made in accordance with the Act or Regulation (s4.15(1)(d) of the EP&AA 1979)

Advertised (Website)

Mail

Sign

Not Required

In accordance with Council’s Notification requirements contained within the Cumberland Development Control Plan 2021, the proposal was publicly notified for a period of 14 days between the 5th September 2023 and 19th September 2023. In response, one (1) submission was received. The application was publicly re-notified, to an extended re-notification area, for a period of 14 days between the 27th September 2023 and 11th October 2023. In response to the re-notification, seventeen (17) submissions were received.

The applicant amended the proposal to increase the operating hours to operate from 7.00am until 12:00am (midnight), seven (7) days a week. The application was publicly re-notified for a period of 14 days between the 11th October 2023 and 25th October 2023. The application was further publicly re-notified for a period of 14 days between the 26th October 2023 and 9th November 2023. In response to the re-notification, sixteen (16) submissions were received.

The applicant amended the proposal by relocating the building to the western portion of the site. The application was publicly notified, to an extended notification area, for a period of 14 days between the 1st February 2024 and 15th February 2024. In response, seventeen (17) submissions were received.

To date, a total of 67 submissions and 2 petitions have been received, of which 40 are unique submissions. All of the submissions are objecting to the proposed development with nil disclosing a political donation or gift. The issues raised within the submissions are discussed below.

Concern	Comment
Increase in traffic and safety risks	Concerns were raised regarding the increase in traffic along Blaxcell Street and adverse safety risks within the local road network.  Council notes that vehicles regularly queue across the intersection of Charles/Blaxcell Streets. Further, the existing bus service/stop along Blaxcell Street fronting the site’s western boundary regularly stops in the traffic lane with pedestrians alighting on/off the bus. The proposal will not improve the existing traffic generation. Council’s Senior Development Engineer reviewed the proposal and could not support the proposal due to adverse traffic impacts to the local road Charles Street and to the Blaxcell Charles Streets intersections. This issue is upheld and included as a reason for refusal.
Turning circles	Concerns were raised that the traffic report depicts swept paths (i.e., turning circles) clashing within the site. Council’s Senior Development Engineer reviewed the proposal and noted it fails to comply with Australian Standard 2890.1 as a minimum 3.6 metres wide drive-through lane is not provided. The loading bay is not designed appropriately without interfering with the drive-through service.
Inadequate off-street car parking	Concern was raised that the proposal cannot accommodate sufficient car parking within the site. There are no parking rates for a food and drink premises with a drive-through facility under the CDCP 2021. Council’s Senior Development Engineer has advised that the development proposal is unsatisfactory and cannot support the development application based on the incorrect and insufficient traffic and parking report including the proposal basing its traffic generation rates for a Kentucky Fried Chicken (KFC) outlet rather than traffic and trip generation rates for the highest order outlet (i.e. McDonalds). This issue is upheld and included as a reason for refusal.
Sleep disturbance	Concern has been raised that the proposal will adversely affect the sleep of residents. The location of the speaker is noted to adversely affect 14 Charles Street. The submitted acoustic report recommends a 3.1 metres high acoustic barrier wall along the eastern boundary. The issue of sleep disturbance alone does not warrant the refusal of the application, however, the visual impact of the acoustic wall measure is not supported and included as a reason of refusal.
Inconsistent and misleading traffic and acoustic noise reports	Council notes these issues in the assessment of this proposed development.
Proposal adversely affects the bus route	Concerns were raised that the existing bus stop along Blaxcell Street is not functioning safely with passengers alighting on and off the road due to cars queuing for the ‘Power Fuel’ service station in the bus stop. This is an existing situation and was noted during site inspections. The issue raised is unresolved and the proposal does not seek any change to the bus stop/bus route. The issue alone does not warrant the refusal of the application, however, the adverse traffic queuing along Blaxcell/Charles Streets are noted.
Site is too small	Concerns have been raised that the site is too small for a drive-through fast-food restaurant. The issue alone does not warrant the refusal of the application as there is no minimum site area for the proposed development type.
Non-compliance with the E1 zone objectives	Concerns have been raised with the proposal’s non-compliance with the objectives of the E1 zone under Section 2.3 Zone objectives and Land Use Table of the CLEP 2021. The proposal is not consistent with the E1 zone objectives as the built form and suitability of the site for a food and drink premises with a drive-through facility does not safely attract pedestrian traffic within the Louis Street local shops precinct. The objection is upheld and is included as a reason for refusal.
Reduction in car parking along Charles Street	Concerns have been raised that the proposal will reduce available car parking along Charles Street. Car parking is for the public and residents are not granted car parking spaces fronting their dwelling houses. The issue alone does not warrant the refusal of the application.
Odours from food and drink premises	Concern was raised that the proposal would create odours from the site. This is expected from a food and drink premises however, the proposal does not include mechanical plant and extraction locations and details. The applicant has failed to provide a Level 2 odour impact assessment report as requested by Council’s Environmental Health Officer. The objection is upheld and is included as a reason for refusal.
Adverse air quality	Concern was raised that the proposal contributes to adverse air quality associated with construction and transport vehicles accessing the site. If recommended for approval suitable air borne and dust related conditions would be imposed on the draft Notice of Determination. The issue raised does not warrant the refusal of the application.
Solar access to 14 Charles Street	Concern was raised that the proposed 3.1 metres high acoustic barrier wall would block the solar access and cross ventilation of the private open space and living areas of 14 Charles Street. Despite inadequate solar access diagrams submitted by the applicant to assess the solar access impacts of the acoustic barrier wall on 14 Charles Street, it is unlikely that the proposed 3.1 metres high acoustic barrier wall will have any unacceptable shadow impact to adjoining properties given the north/south orientation of the site. The issue raised does not warrant the refusal of the application.
Existing boundary fence	Concern was raised with regard to boundary fences not being repaired by the owner of the proposed development. Issues under the Dividing Fence Act 1992 are civil matters and is not a matter of consideration under s4.15 of the EP&AA 1979. The issue of repair of the boundary fence does not warrant the refusal of the application.
Heritage houses	Concerns were raised that the heritage item in Charles Street was overlooked. The proposal complies with the section 5.10 heritage conservation of the CLEP 2021. The issue of the heritage item in Charles Street does not warrant the refusal of the application.
Property devaluation	The matter is not subject of assessment under section 4.15 of the EP&AA 1979.
Introduction of parking permits	Concern was raised that Council should introduce parking permits for residents within Charles Street, Granville. Resident parking permits are generally issues in local centres and/or high-density areas close to a railway line. The site is located within the Louis Street local shop precinct, however, this matter to introduce parking permits is a strategic traffic and transport consideration and is not related to the proposed development. The issue of resident parking permits does not warrant the refusal of the application.
Oversupply of drive-through food and drink premises in the area	Concern was raised that there is an oversupply of drive-through food and drink premises in the locality. Food and drink premises is permissible in the E1 Local Centre zone of the CLEP 2021. The issue of an oversupply of drive-through food and drink premises in the area does not warrant the refusal of the application.
Inadequate waste management	Concerns were raised that there have been inadequate waste management practices such as illegal dumping of rubbish on the site for as long as the site has been vacant. Matters with dumping of rubbish on the site should be referred to Council’s Senior Resource Recovery Officer for investigation. The issue of inadequate waste management practices does not warrant the refusal of the application.
Adverse construction noise and dust	Should the application be recommended for approval, suitable construction conditions would be imposed. This issue does not warrant the refusal of the application.
Lack of Blaxcell Street activation	Concerns have been raised that the proposal does not adequately address and activate Blaxcell Street. The western boundary is constrained by a glass-covered bus stop bench with roof and garbage bin outside the front of the site along Blaxcell Street. The issue of lack of Blaxcell Street activation does not warrant the refusal of the application.
Large expanses of hard surfaces negatively impact the surrounding area	Concerns have been raised that the public domain along Charles Street and Blaxcell Street are dominated by hard surfaces for standing vehicles and car parking which is undesirable for the local centre. The objection is upheld and is included as a reason for refusal.
External colours and finishes	Concerns have been raised that the proposal seeks dark colours that is not eco-friendly. Council notes there is a lack of energy efficient design. The issue alone does not warrant the refusal of the application. Should the application be recommended for approval, suitable conditions would be imposed for a lighter colour palette and energy efficient measures such as solar panels.
Safety	Concerns have been raised that the proposal makes the site and surrounds less safe for residents and users. Council notes the pedestrian path between the entry and exit is a potential hazard for pedestrians. The objection is upheld and is included as a reason for refusal.
Poor use of land	Concerns have been raised that the proposal does not align with the nature of the other businesses in the area. A food and drink premises is a permissible land use within the E1 Local Centre of the CLEP 2021. Council notes the food and drink premises is not adequately designed and the site is not considered suitable for the use. The objection is upheld and is included as a reason for refusal.

The public interest (s4.15(1)(e) of the EP&AA 1979)

In view of the foregoing analysis, it is considered that the development as proposed would not be consistent with 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 of $6,428.00 is payable, pursuant to Section 7.12 of the EP&A Act 1979, as calculated on the cost of works should the Panel support the application.

However, given that the development application is recommended for refusal, the matter of contributions is not explored further.

HOUSING AND PRODUCTIVITY CONTRIBUTION (HPC)

In accordance with section 7.24 of the Environmental Planning and Assessment Act 1979 as amended by the Environmental Planning & Assessment Amendment (Housing and Productivity Contribution) Act 2023, the development is subject to the Environmental Planning & Assessment Amendment (Housing and Productivity Contribution) Act 2023.

In accordance with Part 2 of Schedule 5 of the Environment Planning & Assessment (Housing and Productivity Contribution) Order 2023 (‘the Order’), the Order does not apply to a development consent granted to a pending development application (Pending DA).

A ‘Pending DA’ as per Schedule 1 of the Order and s16, Part 9 of the EP&A Reg 2021 is as follows:

(a) a development application that is made, but not determined, before the commencement of this Order, or

(b) a development application that is made and determined before the commencement of this Order, but has not been finally determined, or

(c)  an application for a complying development certificate that is made, but not determined, before the commencement of this Order.

As the application was lodged on the 4 August 2023, the provisions of the HPC do not apply.

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, Cumberland Local Environmental Plan 2021, State Environmental Planning Policy (Biodiversity and Conservation) 2021, Cumberland Development Control Plan 2021 and is considered as being unsatisfactory for the reasons as discussed within the report.

Having regard to the relevant matters of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development is unacceptable for the reasons outlined in this report. It is recommended that the development application be refused.

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. The objectors will also be notified in writing of the outcome.

1.  That Development Application No. DA2023/0333 for the construction of a single storey food and drink premises including drive-through facility with vehicular entry/exit from Charles Street, at-grade parking for thirteen (13) vehicles, hours of operation 7.00a.m. to 12:00.am (midnight), seven (7) days a week and associated landscaping and stormwater drainage works on land at 95-99 Blaxcell Street, Granville NSW 2142 be refused for the reasons listed in the Council’s assessment report.

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

 

1.      Attachment 1 - Draft Notice of Determination  

2.      Attachment 2 - Cumberland LEP 2021 Assessment  

3.      Attachment 3 - Cumberland DCP 2021 Assessment  

4.      Attachment 4 - Architectural Plans  

5.      Attachment 5 - Traffic and Parking Impact Assessment Report  

6.      Attachment 6 - Acoustic Report  

7.      Attachment 7 - Submissions Received   

 

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP018/24

Attachment 1

Attachment 1 - Draft Notice of Determination

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP018/24

Attachment 2

Attachment 2 - Cumberland LEP 2021 Assessment

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP018/24

Attachment 3

Attachment 3 - Cumberland DCP 2021 Assessment

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP018/24

Attachment 4

Attachment 4 - Architectural Plans

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP018/24

Attachment 5

Attachment 5 - Traffic and Parking Impact Assessment Report

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP018/24

Attachment 6

Attachment 6 - Acoustic Report

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT LPP018/24

Attachment 7

Attachment 7 - Submissions Received

 12 June 2024

 12 June 2024

Item No: ELPP019/24

Development Application - 94-98 Chiswick Road, Auburn

Directorate:                                       Environment and Planning  

Responsible Officer:                       Executive Manager City Planning and Development   

 

 

1.  Development Application 2023/0586 was accepted by Council on Thursday 19 October 2023 for upgrades to the public parkland involving removal of structures, tree removal, construction of footpaths, installation of new public furniture, installation of playground equipment and landscaping works.

2.  The application was publicly notified to occupants and owners of the adjoining properties for a period of twenty eight (28) days between Thursday 2 November 2023 and Thursday 30 November 2023. During the notification period, Council received no submissions. 

3.  The subject site is listed as a local heritage item (Number I5 being the Auburn Botanic Gardens) within the Cumberland Local Environmental Plan 2021.

4.  There are no variations to the local planning controls applicable to the site.

5.  The development application is referred to the Panel as the development is occurring on land owned and managed by Cumberland City Council.

 

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

Subject Site And Surrounding Area

The site is identified as 98 Chiswick Road, Auburn being Lot 1 in DP 938994 and a portion of 94 Chiswick Road Auburn being the Chiswick Road reserve or Lot 7016 in DP 93911.

The site forms part of the Duck River Parklands situated alongside the eastern embankment of Duck River and the north western side of a depot managed by Cumberland City Council.

The site affected by the development works according to the statement of environmental effects occupies an area of approximately 7,000 square metres and comprising:

·    A road access and a road reserve being Chiswick Road.

·    Amenities block.

·    Picnic grounds and BBQs plus picnic shelters.

·    Vegetated grounds encompassing mainly mature trees and grassed areas.

·    An embankment to the west that forms the riverine embankment to Duck River.

·    Children play equipment and rubbish bins.

A Council operated depot lies to the southeast which is used for a range of Council related operations including the storage of Council waste collection vehicles. There are also car parks located to the east and south east of the site which are readily available to the public.

Throughout the wider area, Cumberland City Council manages the Auburn Botanic Gardens. The botanic gardens are listed as heritage item (I5) within the Cumberland Local Environmental Plan 2021. The mapping incorporates surrounding allotments as part of the designated heritage listed area.

Given its location, there are no residents within the immediate area.

The Duck River is prone to regular floods during periods of sustained rainfall. The works are not occurring within the primary watercourse channel but within areas where overland flow is possible. The river channel including the embankment (Area not subject to the works) is zoned W1 Natural Waterways under the Cumberland Local Environmental Plan 2021.

There is an underground Sydney Water pipeline asset passing east to west through the northern part of the site.

The location of the site is edged in purple below on the attached aerial photo with the works occurring within the area edged in red.

The zoning of the site is provided below. There are no works crossing into the W1 Natural Waterways zone to the west.

 

 

 

 

Photos of the site are provided below.

Description of The Development

Development application 2023/0586 is proposing upgrades to the existing Duck River Regional Park adjacent to the Auburn Botanic Gardens.

The project is outlined within the Duck River Parklands Strategic Masterplan 2022 which is intended to update existing infrastructure to meet modern design standards.

The Duck River Parklands Strategic Masterplan 2022 outlines such works at Part 5.4 Botanic Gardens Precinct (Pages 116 to 117) which includes a new regional playground and upgrades to existing paths. The works are listed as priorities on Page 128 of the Masterplan. As such, the proposed works are supported by the Masterplan. The works include:

1 - Demolition work

Removal or demolition of existing infrastructure and installation of new facilities and infrastructure. Such works include the removal of the shade sails, play equipment and associated soft fall area, BBQ facilities, picnic tables and associated concrete footprints, pathways, signage and tree removal.

The plans are showing the removal of at least thirteen (13) trees of varying sizes and stature.

2 - Tree removal

The project will have an impact upon 400 square metres of Castlereagh Ironbark Forest. The vegetation is significantly altered and degraded from its natural state. Native tree plantings are to be undertaken to offset the tree removal.

In particular, the development has the potential to require a monetary payment for the loss of the tree cover under the “Biodiversity Offsets Scheme”. A total of one (1) ecosystem credit is required to be purchased which is addressed below.

3 - Excavation work and land contamination cleanup

The works will incur excavation work to address land contamination issues including contamination capping. Such work will be occurring within 40 metres of the Duck River foreshore area.

4 - New construction work

The works will involve the construction of three new playgrounds as junior, rope and mixed aged and nature, flying fox, brick walls, paths, bins, taps, water bubbler, installation of new BBQs, and picnic tables, relocation of boulders and planting of new vegetation.

5 - Additional notes

Land to the west of the concrete footpath lies within the W1 Natural Waterways zone and no works are to occur within this zone. It is identified that the updated plan is showing a “Zone of influence” to a Sydney Water Asset which may have an impact to the asset situated along the western side of the pathway. As a result, this application has been referred to Sydney Water for any comment and conditions.

A condition will be required for any consent issued to ensure that no work will occur on land within the W1 Natural Waterways zone which is all that land west of the public footpath.

History

As previously mentioned, the Duck River Parklands Strategic Masterplan is relevant to the development application. The plan which supports the development was adopted by Council in 2022.

The development application was accepted by Council on Thursday 19 October 2023 for determination.

Council officers received an amended updated plan set plus detailed contamination audits on Friday 12 April 2024 for final determination.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Niche Environment and Heritage and dated Friday 8 September 2023 which is received 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 Engineering

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

Environment and Health

The development application was referred to Council’s Environmental Health Officer for comment who has advised that the development proposal including the required remediation action plan is supported subject to conditions.

Heritage Committee

The development application was referred to Council’s Heritage Committee for comment. No comments were received.

Parks and Gardens

The development application was referred to Council’s Parks and Gardens Department for comment who have advised that the development is supported. No conditions are recommended for any consent issued.

Tree Management

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

Waste Management

The development application was referred to Council’s Waste Management Officer for comment who has advised that the development proposal is satisfactory without the need for conditions.

External Referrals

Sydney Water

With new plans showing a “Zone of influence” to a Sydney Water asset, the plans were referred to Sydney Water for comment. As per the comments of Tuesday 5 May 2024, the development is satisfactory subject to conditions.

 

Planning Comments

Integrated development

Excavation work and contamination clean up works will be occurring within proximity of Duck River and within 40 metres of the waterway. As such, the integrated development provisions of the Water Management Act 2000 must be considered.

Generally, a Controlled Activity Approval under Section 91E(1) of the Water Management Act is required for such works from Water New South Wales.

The definition of a controlled activity (Water Management Act 2000) is provided below.

A controlled activity means:

a)   the erection of a building or the carrying out of a work (within the meaning of the Environmental Planning and Assessment Act 1979), or

b)   the removal of material (whether or not extractive material) or vegetation from land, whether by way of excavation or otherwise, or

c)   the deposition of material (whether or not extractive material) on land, whether by way of landfill operations or otherwise, or

d)   the carrying out of any other activity that affects the quantity or flow of water in a water source.

As part of the land contamination work, soil will be removed and capping works undertaken close to the watercourse. Such work is required by the Remediation Action Plan prepared by Trinitas Group (Version 2) and dated Thursday 25 January 2024 (Received by Council Friday 12 April 2024).

The works that are required will fall under (b) highlighted above.

However, under Clause 41 of the Water Management (General) Regulation 2018 which reads as:

41   Controlled activities - public authorities

A public authority is exempt from section 91E(1) of the Act in relation to all controlled activities that it carries out in, on or under waterfront land.

The Environmental Planning and Assessment Act 1979 defines a public authority as:

public authority means—

a)   a public or local authority constituted by or under an Act, or

b)   a Public Service agency, or

c)   a statutory body representing the Crown, or

d)   a Public Service senior executive within the meaning of the Government Sector Employment Act 2013, or

e)   a statutory State owned corporation (and its subsidiaries) within the meaning of the State Owned Corporations Act 1989.

f)    a chief executive officer of a corporation or subsidiary referred to in paragraph (e), or

g)   a person prescribed by the regulations for the purposes of this definition.

A public authority includes a local Council thus fitting Part (a) of the definition stated above.

The development application for the upgrade of the Council parklands is lodged by a consultant engaged by Cumberland City Council with Council undertaking the main works.

The development application form does not nominate the development as being Integrated.

Notwithstanding the excavation works that are required, Council is exempt from the requirements of having to require a Controlled Activity Approval as part of the development.

For this reason, the development application is not integrated development and no referral to Water New South Wales is required in this instance.

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:

Local Environmental Plans

Cumberland Local Environmental Plan 2021

The provision of the Cumberland Local Environmental Plan 2021 is applicable to the development proposal. It is noted that the development achieves compliance with the key statutory requirements of the Cumberland Local Environmental Plan 2021 and the objectives of the RE1 Public Recreation zone.

(a)     Permissibility:

The proposed development is defined as a “Recreation Area” which is defined as:

recreation area means a place used for outdoor recreation that is normally open to the public, and includes—

a)   a children’s playground, or

b)   an area used for community sporting activities, or

c)   a public park, reserve or garden or the like, and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).

A recreation area including upgrades, rebuilding and associated landscape works, BBQ facilities, shelters and ancillary works is permissible with consent within the RE1 Public Recreation zone.

The relevant matters to be considered under the Cumberland Local Environmental Plan 2021 and the applicable clauses are addressed within Appendix A. There are no floor space ratios or building height limits to consider for the purpose of the development application.

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 applicable to the development application.

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

The Cumberland Development Control Plan 2021 is relevant to the development proposal although it will have limited applicability to the site given the type of development that is proposed.

The development is found to fully comply with the relevant provisions as demonstrated within the assessment table at Appendix B.

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 that needs to be considered.

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 Regulation 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 is not known to be affected by any additional natural hazards or other site constraints other than those documented within the report. 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 notified for a period of twenty eight (28) days between Thursday 2 November 2023 and Thursday 30 November 2023.

During the notification period, 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

As advised by Council’s Senior Contributions Advisor, a contribution is not applicable to the development application.

Housing and Productivity Contribution

The development application was accepted by Council post Sunday 1 October 2023. In accordance with s7.24, s7.26 and s7.28 of the Environmental Planning and Assessment Act, 1979 most new development applications will be subjected to the (Housing and Productivity Contribution) Act 2023, and subject to the payment of the Housing and Productivity Contribution (HPC).

This will not apply to the development application on the grounds that the development is neither residential, commercial or industrial as per the Housing and Productivity Contribution Guideline of August 2023. A condition addressing the contribution is not required in this instance.

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 relevant environmental planning instruments. The development is determined as being satisfactory subject to conditions.

The proposed development is appropriately located within the RE1 Public Recreation zone under the relevant provisions of the Cumberland Local Environmental Plan 2021. The proposal is consistent with all statutory and non-statutory controls applying to the development. The development is considered to perform adequately in terms of its relationship to its surrounding built and natural environment, particularly having regard to impacts on adjoining properties.

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

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. The objectors will also be notified in writing of the outcome.

That Development Application 2023/0586 for upgrades to public parkland involving removal of structures, tree removal, construction of footpaths, installation of new public furniture, installation of playground equipment and landscaping works on land at 94- 98 Chiswick Road Auburn be approved subject to conditions.

1.      Draft Notice of Determination  

2.      Architectural Plans  

3.      Appendix A - Cumberland Local Environmental Plan 2021 Assessment Sheet  

4.      Appendix B - Cumberland Development Control Plan 2021 Assessment Sheet  

5.      The Duck River Parklands Strategic Masterplan dated 21 November 2022   

 

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP019/24

Attachment 1

Draft Notice of Determination

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP019/24

Attachment 2

Architectural Plans

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP019/24

Attachment 3

Appendix A - Cumberland Local Environmental Plan 2021 Assessment Sheet

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP019/24

Attachment 4

Appendix B - Cumberland Development Control Plan 2021 Assessment Sheet

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP019/24

Attachment 5

The Duck River Parklands Strategic Masterplan dated 21 November 2022

 12 June 2024

 12 June 2024

Item No: ELPP020/24

Development Application - 37 Claremont Street, Merrylands

Directorate:                                       Environment and Planning  

Responsible Officer:                       Executive Manager City Planning and Development   

 

 

1.   Development Application No. DA2024/0093 was accepted on 18 March 2024 for the Use of part of the existing dwelling for a respite day care centre including alterations for the provision of new laundry window, construction of new carport, pergola and associated hard stand areas for parking.

2.   The application was publicly notified to occupants and owners of the adjoining properties for a period of fourteen days between 25 March 2024 and 8 April 2024. In response, no submissions were received.

3.   The subject site is not listed as a heritage item or located within the heritage conservation area within the Cumberland Local Environmental Plan 2021.

4.   The application is referred to the Panel as the proposal involves a conflict of interest with the property owner and applicant.

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

Subject Site and Surrounding Area

The subject site is located at 37 Claremont Street Merrylands and consists of Lot 178 in DP 10194. The site is regular in shape and has a total combined area of 867.4 square metres with a frontage of 15.24m to Claremont Street, Merrylands. The subject allotment is zoned R2 – Low Density Residential under the Cumberland Local Environmental Plan 2021. The site currently contains a single storey building, one vehicular crossover and a driveway along the southern boundary.

The developments adjoining to the east, west and north (rear) are low density developments being single and double storey dwelling houses. A railway Line is located further to the west being approximately 179m from the site and Granville Park is located further east on Montrose Avenue.

Figure 1 - Locality Plan of subject site edged in purple. Source: Council’s IntraMaps

Figure 2 - Zoning map with the subject site edged in purple. Source: Council’s IntraMaps.

 

Photos of the site taken during a site inspection on the 22 March 2024 are provided below:

Description Of the Development

Council has received a development application for the use of part of the existing dwelling for a respite day care centre including alterations for the provision of new laundry window, construction of new carport, pergola and associated hard stand areas for parking. A detailed breakdown of the proposal is as follows:

·    Construction of a new pergola at the rear of the property along the northern boundary.

·    Construction of a new covered carport over an existing hard stand area at the rear of the property.

·    Installation of a new sliding window within the existing laundry room along the western boundary.

·    The centre will be operated by maximum two (2) staff members.

·    The proposed use will cater for up to 6 people with disabilities on any given day. Facility will generally handle people of age groups between 10-35 years.

·    Respite care clients would be picked up and dropped off by appointed patient transportation vehicle.

·    The operating hours proposed at the site are between 9.00 AM – 5.00PM Monday to Saturday.

History

·    Complying Development Certificate CDC2023/0261 was issued by Pyramid Building Services on the 10 May 2023 for the demolition of the existing garage and alterations and additions to the existing dwelling.

·    Occupation Certificate OC2023/0762 was issued by Pyramid Building Services on the 7 December 2023 for the demolition of the existing garage and alterations and additions to the existing dwelling.

Note: Part of the existing dwelling is currently being used as a respite day care centre without consent. 

In this regard condition of consent has been imposed for a Building Information Certificate to be obtained for the unauthorised works including internal fitout works for use as respite day care centre.

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 Engineering

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

Building Surveying

The development application was referred to Council’s Building Surveyor for comment and issues have been raised in relation to compliance with National Construction Code with regards to the separation of the residential and daycare use. However, it is considered that these matters can be addressed by the imposition of conditions of consent.   

Environment and Health

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

Tree Management

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

Waste Management

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

External Referrals

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

 

 

Planning Comments

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

State Environmental Planning Policies

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

 

 

Local Environmental Plans

 

Cumberland Local Environmental Plan 2021

 

The provision of the Cumberland LEP 2021 is applicable to the development proposal. It is noted that the development achieves compliance with the key statutory requirements of the Cumberland LEP 2021 and the objectives of the R2- Low Density Residential zone.

 

(a) Permissibility:

 

The development proposes to use part of the existing dwelling as a respite day care centre which would be an additional use to the existing residential dwelling.

 

A respite day care centre’ is permitted with consent in the R2 - Low Density Residential zone under the provisions of the CLEP 2021 as follows:

 

“Respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre”.

 

The main provisions of the Cumberland LEP 2021 relevant to the development are prescribed in the table below. A comprehensive LEP assessment is contained in Appendix A.

 

Figure 4 - Cumberland LEP 2021 Compliance Table

 

 

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

No proposed planning instruments applicable.

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

The Cumberland Development Control Plan (DCP) 2021 provides guidance for the design and operation of development to achieve the aims and objectives of the Cumberland LEP 2021. Whilst there are no specific DCP controls for respite day care centres, the controls for ‘Dwellings Houses and Secondary Dwellings in Part B2 are relevant to the assessment of the subject application in that they establish the desired character of the area with regard to building form and the relationship of buildings to the site.

The development is found to generally comply with the relevant provisions of the DCP.

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

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 Regulation 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 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 (Website)

Mail

Sign

Not Required

In accordance with Council’s notification requirements contained within the Cumberland Development Plan 2021, the proposal was publicly notified for a period of 14 days between 25 March 2024 and 8 April 2024. 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

The development would not require the payment of contributions in accordance with Cumberland Local Infrastructure Contributions Plan 2020.

HOUSING AND PRODUCTIVITY CONTRIBUTION (HPC)

In accordance with s7.24, s7.26 and s7.28 of the Environmental Planning and Assessment Act, 1979 the proposed development is subject to the (Housing and Productivity Contribution) Act 2023, and subject to the payment of the Housing and Productivity Contribution (HPC).

In accordance with Schedule 2 of the Order, the proposed development is exempt from the HPC, as under Part 2, Division 1, Clause 5(1) of the Environmental Planning and Assessment (Housing and Productivity Contribution) Order 2023 states:

5    Development for which a contribution is required

1)   A housing and productivity contribution is required for development for which development consent is granted if it involves development of any of the following:

 

 

 

Classes -

(a)   residential development,

(b)   commercial development,

(c)   industrial development.

The proposal is for a respite day care centre and is not included as a type of development for which HPC is required under the Order and therefore, HPC is not applicable.

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 (Housing 2021), Cumberland Local Environmental Plan 2021, State Environmental Planning Policy (Biodiversity and Conservation) 2021, Cumberland Development Control Plan 2021 and is satisfactory for approval subject to conditions.

The proposed development is appropriately located within the R2 – Low Residential Density under the relevant provisions of the 2021. The proposal is generally consistent with all statutory and non-statutory controls applying to the development. The development is considered to perform adequately in terms of its relationship to its surrounding built and natural environment, particularly having regard to impacts on adjoining properties.

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

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

That Development Application No. DA2024/0093 for use of part of the existing dwelling for a respite day care centre including alterations for the provision of new laundry window, construction of new carport, pergola and associated hard stand areas for parking on land at 37 Claremont Street, Merrylands NSW 2160 be approved subject to conditions listed in the Council’s assessment report.

 

 

1.      Attachment 1 - Draft Notice of Determination  

2.      Attachment 2 - Architectural Plans  

3.      Attachment 3 - Plan of Management  

4.      Attachment 4 - Appendix A - Cumberland LEP Assessment  

5.      Attachment 5 - Appendix B - Cumberland DCP Assessment   

 

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP020/24

Attachment 1

Attachment 1 - Draft Notice of Determination

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP020/24

Attachment 2

Attachment 2 - Architectural Plans

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP020/24

Attachment 3

Attachment 3 - Plan of Management

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP020/24

Attachment 4

Attachment 4 - Appendix A - Cumberland LEP Assessment

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP020/24

Attachment 5

Attachment 5 - Appendix B - Cumberland DCP Assessment

 12 June 2024

 12 June 2024

Item No: ELPP021/24

Development Application - 25 Hampden Road, South Wentworthville

Directorate:                                       Environment and Planning  

Responsible Officer:                       Executive Manager City Planning and Development   

 

 

1.  Development Application No. DA2023/0705 was accepted on 11 December 2023 for the Construction of a two storey, 100 place centre-based child care facility over basement parking for 25 vehicles and associated landscaping and stormwater works including land dedication.

2.  The application was publicly notified to occupants and owners of the adjoining properties for a period of 14 days between 15 January 2024 and 29 January 2024. In response, three (3) submissions were received.

3.  In response to issues of concern raised by Council, the applicant undertook amendments to the size and layout of the basement level resulting in the variations listed below.

4.  The variations are as follows:

 

 

5.  The application is referred to the Panel as the proposal is considered to be sensitive development as it is development for which the developer wishes to enter into a Planning Agreement (PA).

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

Subject Site and Surrounding Area

The subject site is legally described as Lot 13 in DP 13012 and known as 25 Hampden Road South Wentworthville. It is rectangular in shape and has frontage to Hampden Road measuring 17.07m. The depth of the site is 80.445m along the northern boundary and 80.538m along the southern boundary amounting to a total area of 1,372sqm. The extent of zoning and composition of the surrounding development is shown in Figure 1 and 2.

Figure 1 – Locality Plan of subject site

Figure 2 – Aerial view of subject site

The site is located within the Hereford Place precinct as detailed in Part F1-11 of the Cumberland Development Control Plan 2021 (as shown coloured in the diagram to the left). Part F1-11 envisages the creation of a new roadway to provide alternative vehicle access to properties within this block that have a single access point from the Cumberland Highway (to the west) and Hampden Road (to the east). The intent of the future roadway is to reduce traffic congestion in the area.

As the applicant proposes to enter into a planning agreement to dedicate a rear portion of the subject site to Council, the extent of the developable land is reduced to an area of 1,270.5sqm as shown in Figure 3.

 

 

Figure 3 – The extent of the site to be developed excludes the land to be dedicated to Council

There is a slight cross fall from rear to front amounting to 1.12m. A single storey brick dwelling house and two outbuildings currently exist on the property. The site is devoid of any significant trees or vegetation.

Surrounding development consists of multi dwelling developments to the north and west and a single dwelling house to the south.

Figure 4 – Street view of the subject site

Description of The Development

Council has received a development application for the construction of a centre-based child care facility on the site. The primary elements of the proposal include the following:

·    Construction of a two-storey centre-based child care facility to accommodate up to 100 children with a basement level accommodating 23 parking spaces.

·    An intention to enter into a Voluntary Planning Agreement (VPA) with Council for the dedication of land at the rear of the subject site. The land to be dedicated amounts to an area of 101.5sqm and is defined by the extent of a future roadway as detailed earlier in this report.

 

Description of the proposed built form

 

The composition of each level is described below.

Basement

·    A total of twenty-three (23) parking spaces inclusive of two (2) disabled spaces.

·    An elevator.

·    Two (2) fire stairs.

·    A storage room.

·    Bin storage room.

Ground floor

·    Accessible pedestrian ramp within the front setback area.

·    Reception area.

·    Stairwell.

·    Elevator.

·    ‘Family’ waiting area.

·    An accessible bathroom.

·    A craft storage room.

·    Shared bed room.

·    Amenities room for children.

·    An indoor child play area for 2-3 year olds with an area 98sqm.

·    An indoor child play area for 3-5 year olds with an area of 143.5sqm.

·    Outdoor storage room.

·    Outdoor child play area to accommodate 2-5 year olds amounting to 518.5sqm. An acoustic barrier is proposed around the perimeter of the outdoor child play area ranging in height from 2m to 2.4m.

First floor

·    Kitchen

·    Accessible bathroom.

·    Laundry.

·    ‘Program’ office room.

·    Storage room.

·    Staff room.

·    Indoor child play area for 0-2 year olds amounting to 40.8sqm.

·    Indoor child play area for 2-3 year olds amounting to 64.2sqm.

·    Amenities associated with the indoor child play areas including craft storage room, nappy change room, bottle prep room and a cot room.

·    Outdoor child play area for 0-3 year olds amounting to 213.3sqm.

·    Bathroom accessible from the outdoor child play area.

·    1.39m high solid balustrade is proposed around the perimeter of the outdoor child play area.

 

Operational details

·    The centre will accommodate a maximum of 100 child placements consisting of the following age groups:

 

·    Seventeen (17) staff is proposed.

·    Hours of operation is 7.00am to 6.00pm, Monday to Friday.

Tree removal

The proposal will require the removal of two (2) onsite trees located adjacent to the southern side boundary.

Planning Agreement

Related to the Development Application, Council received a Letter of Offer from the applicant to enter into a Planning Agreement to dedicate a portion of land on the site at no cost to Council. The land is identified in the Cumberland Development Control Plan (DCP) 2021 Part F1-11 Hereford Place, Wentworthville, as required for the purposes of extending an existing local road (Hereford Place) to provide alternative vehicular access at the rear to properties with frontage to Cumberland Highway and Hampden Road, Wentworthville.

At the Council meeting held on 20 March 2024, the Council resolved to:

1.   Endorse in-principle the letter of offer for 25 Hampden Road, South Wentworthville, regarding the dedication of land for the purpose of extending an existing local road; and

2.   Note that the Council resolution on the letter of offer will be considered as part of the assessment development application on the site.

History

On 22 January 2024, a development application (DA2023/0228) proposing the demolition of existing structures and construction of a 72 place centre-based child care facility comprising of two (2) storeys over basement car parking for 18 vehicles, 2m-2.4m high acoustic barriers and associated landscaping and stormwater drainage works was withdrawn.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Corona Projects dated October 2023 and was received by Council on 27 November 2023 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 Engineering

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

Environment and Health

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

Tree Management

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

Waste Management

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

Parks and Open Space

The development application was referred to Council’s Parks Officer for comment who has advised that the development proposal is satisfactory and can be supported.

Education and Care

Comments were provided for consideration by Council’s Education and Care Services relating to the functionality of the centre. The design layout of the centre is considered to be functional noting sufficient indoor and outdoor child play area is provided to accommodate a maximum child placement of 100 children.

External Referrals

Endeavour Energy

The development application was referred to Endeavour Energy for comment who has advised that the development proposal is satisfactory and therefore can be supported subject to recommended conditions of consent.

Planning Comments

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

 

State Environmental Planning Policies

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

Local Environmental Plans

Cumberland Local Environmental Plan 2021(CLEP)

The provision of the Cumberland Local Environmental Plan 2021 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 R3 Medium Density Residential zone.

(a)     Permissibility:

The proposed development is defined as a “centre-based child care facility” and is permissible in the R3 Medium Density Residential zone with consent.  Centre-based child care facility is defined as follows:

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

i.   long day care,

ii.  occasional child care,

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

iv. preschool care, or

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

Note - An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.

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 5.

Figure 5 – Cumberland LEP 2021 Compliance Table

 

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

No proposed planning instruments applicable.

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

The Cumberland Development Control Plan 2021 is relevant to the development proposal. The development has been assessed using the following chapters:

-     Part E - Centre-based child care centres

-     Part F1-11 - Hereford Place, Wentworthville

-     Part G3 -Traffic, Parking, Transport & Access (Vehicle)

-     Part G4 - Stormwater & Drainage

-     Part G5 - Sustainability, Biodiversity & Environmental Management

-     Part G7 - Tree Management & Landscaping

-     Part G8 - Waste Management

The development is found to comply with the relevant provisions except for the following:

Figure 6 – Cumberland DCP 2021 - Compliance Table

As noted in the compliance table above, the proposed development departs from the setback and parking provisions of Cumberland Development Control Plan 2021. 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:

Side setback

A side setback to the ground floor portion of the building along the northern boundary of 1m is proposed to a length of approximately 19.4m of the building. This equates to a non-compliance of 1m or 50%. The non-compliant side setback is considered to be acceptable for the following reasons:

-     The amenity of the adjacent neighbouring properties is maintained with respect to solar access as detailed in the submitted sun shadow diagrams. Despite the reduced setback, the development will not result in any shadowing of the neighbouring property to the north due to the orientation of the block.

-     Visual amenity of the surrounding properties is also maintained noting the development remains well below the maximum permitted building height of 9m (at 8.09m) and is consistent in massing to the adjoining multi dwelling housing development on the northern property.

-     An acceptable level of privacy to the neighbouring property to the north will be maintained subject to a condition of consent to require the first floor windows on the north elevation of the development (relating to the ‘Staff Room’ and ‘Program’ room) to be made obscure to a height of 1.5m.

Onsite parking

Based on a maximum child placement of 100, a minimum of 25 onsite parking spaces is required. The development proposes 23 onsite parking spaces resulting in a shortfall of 2 spaces or a variation of 8%. The non-compliance is considered to be acceptable in this instance for the following reasons:

-     Clause 3.8 Traffic, parking and pedestrian circulation of the Child Care Planning Guideline specifies that “the number of parking spaces should be determined relative to the availability, frequency and convenience of public transport”. In this regard, the subject site is considered to be well serviced by north and south bound bus stops on Chelmsford Road (known as “Chelmsford Rd before Currong St, South Wentworthville”, Stop ID 2145495). These stops are in relatively close walking distance (approximately 350m) being accessed via a pedestrian path which traverses the adjacent block through a public reserve known as Mujar Reserve. North and southbound bus routes are serviced by various buses including the ‘809’, ‘7009’, ‘7019’ and ‘7517’. Bus 809 provides frequent routes to and from a major transport hub (Merrylands Train Station) at intervals of generally 30 minutes throughout the peak morning period, Monday to Friday. Likewise, buses travelling southbound along Chelmsford Road and terminating at Merrylands Train Station during the afternoon period (between 3.30pm and 8.00pm) generally pass at intervals of every 30 minutes.

-     The shortfall of 2 spaces is minor relative to the total number of spaces provided and it is anticipated that this will pose a negligible impact in comparison to a development that proposes a compliant number of parking spaces. It is further noted considered that the operation of the facility will remain adequately functional noting Council’s Development Engineer has raised no objection in this regard.

-     Furthermore, if the proposal did not include land dedication, there would be more than sufficient land to facilitate an increase in the size of the basement level in order to achieve compliance.

Size of the basement level

Council considers the non-compliant extent of the basement level to be acceptable on merit due to the following reasons:

-     The basement does not substantially protrude from the natural ground level and as such, does not add to the building bulk or height of the overall development or pose any adverse visual impact on the surrounding properties.

-     The basement footprint does not adversely affect solar access and visual privacy of the neighbouring properties and will maintain a high level of residential amenity. The part of the basement that extends outward from the building footprint does not protrude from the natural ground level.

-     The proposal demonstrates compliance with the landscaping requirement by providing at least 20% of the site area as landscape area and deep soil zone. In this regard, the submitted landscape concept provides landscape elements extending along the front, side and rear boundaries. Moreover, it is acknowledged that the development is able to accommodate a large canopy tree within the deep soil area at the rear of the property (which is recommended to be imposed as a condition of consent).

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))

The applicant proposes to enter into a Planning Agreement (PA) to dedicate a portion of the subject site to Council to facilitate the creation of a new roadway at the rear of the property. The future roadway is known as the Hereford Place road extension and is required by the Cumberland Development Control Plan 2021 at Part F1-11.

As noted earlier in this report, at the Council meeting of 20 March 2024, Council resolved to endorse, in principle, the letter of offer pending the outcome of the subject development application.

In this regard, it is recommended that a condition of consent be imposed to require a planning agreement to be entered into that is consistent with the submitted letter of offer.

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 Regulation 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 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 (Website)

Mail

Sign

Not Required

In accordance with Council’s Notification requirements contained within the Cumberland Development Control Plan 2021, the proposal was publicly notified for a period of 14 days between 15 January 2024 and 29 January 2024. The notification generated three (3) submissions in respect of the proposal with none disclosing a political donation or gift. The issues raised in the public submissions are summarised and commented on as follows:

Figure 7 – 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 7.12 of the EP&A Act, calculated on the cost of works. A total contribution of $33,762.00 (plus CPI) would be payable prior to the issue of a Construction Certificate.

HOUSING AND PRODUCTIVITY CONTRIBUTION (HPC)

In accordance with s7.24, s7.26 and s7.28 of the Environmental Planning and Assessment Act, 1979, the proposed development is subject to the Environmental Planning and Assessment Amendment (Housing and Productivity Contribution) Act 2023, and subject to the payment of the Housing and Productivity Contribution (HPC).

A condition of consent has been imposed on the development consent in accordance with s7.28 of the EP&A Act 1979 requiring the payment of a HPC.

DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

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

The proposed development is appropriately located within the R3 Medium Density Residential zone under the relevant provisions of the CLEP. 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. The objectors will also be notified in writing of the outcome.

1.   That Development Application No. DA2023/0705 for construction of a two storey, 100 place centre-based child care facility over basement parking for 23 vehicles and associated landscaping and stormwater works including land dedication on land at 25 Hampden Road South Wentworthville be approved subject to conditions listed in the Council’s assessment report.

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

1.      Attachment 1 - Draft Notice of Determination  

2.      Attachment 2 - Architectural Plans  

3.      Attachment 3 - Acoustic Report  

4.      Attachment 4 - Submissions Received  

5.      Attachment 5 - Cumberland LEP Assessment  

6.      Attachment 6 - Cumberland DCP Assessment  

7.      Attachment 7 - State Environmental Planning Policies  

8.      Attachment 8 - Child Care Planning Guideline   

 

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP021/24

Attachment 1

Attachment 1 - Draft Notice of Determination

 12 June 2024

DOCUMENTS
ASSOCIATED WITH
REPORT ELPP021/24

Attachment 2

Attachment 2 - Architectural Plans

 12 June 2024