338 339 340 LIVERPOOL CITY COUNCIL CITY PLANNING REPORT ORDINARY MEETING ITEM NO: SUBJECT: COMMUNITY STRATEGIC PLAN REFERENCE: 28/11/2012 PLAN 04 FILE NO: RZ-2/2012 DRAFT AMENDMENT NO. 27 TO LIVERPOOL LOCAL ENVIRONMENTAL PLAN 2008 - REVISED PLANNING PROPOSAL DECISION MAKING PROCESSES ARE TRANSPARENT AND THE COMMUNITY HAS OPPORTUNITIES TO BE INVOLVED EXECUTIVE SUMMARY: At its meeting on the 27th February 2012 Council resolved to prepare a planning proposal to proceed with Draft Amendment No. 27 to Liverpool Local Environmental Plan 2008 (LLEP 2008). After receiving a Gateway determination, it was deemed by the Department of Planning and Infrastructure (DOPI) that the prohibition of Cemeteries and Crematoria was to be removed from the planning proposal prior to public exhibition. Council staff sought for the DOPI to remove this condition of the Gateway Determination, however have been advised that this will not occur. As a result, Council staff have removed Cemeteries and Crematoria from the planning proposal for Draft Amendment No. 27 to the LLEP 2008. In accordance with the Gateway determination, state agency consultation has been completed. However, as a result of state agency consultation and further revision Council will be required to make alterations to some elements of the planning proposal. In particular, the area of proposed B1 Neighbourhood Centre land in Elizabeth Hills has been declared as a transmission easement and is now proposed to be IN1 General Industrial, consistent with the land to the south of the site neighbouring R3 Medium Density Residential land is to be rezoned to R2 Low Density Residential to reflect the changed capacity. Also, Part Lot 236 DP25142 (203 Memorial Avenue, Liverpool), is now to be rezoned from RE1 Public Recreation to R3 Medium Density Residential, in addition to it's being reclassified from community land to operational land. In addition to the above changes the previously identified amendments to LLEP 2008 will still be taking place under Draft Amendment No. 27. 341 It is recommended that Council proceed with the changes to Draft Amendment No. 27 to the LLEP 2008 and that this report and supporting documentation are forwarded to the DOPI for a revised Gateway determination. DETAILED REPORT: Background In order to limit the number of amendments to Council's principle planning instrument, it is an accepted practice to group a number of proposed changes together. This LEP amendment considers both land owner initiated changes and Council initiated changes. Council resolved to proceed with Draft Amendment No. 27 to LLEP 2008 at the 27 February 2012 meeting and since has received a Gateway determination from the . Through the Gateway determination, DP&I required that the prohibition of Cemeteries and Crematoria was to be removed from the planning proposal prior to public exhibition. Council has since undertaken public authority consultation in accordance with the Gateway determination, however a number of changes to the proposal are required. This report outlines these changes. Alterations to the Planning Proposal Elizabeth Hills Council received an application to amend LLEP 2008 in order to rezone land at Aviation Drive, Elizabeth Hills from SP2 Public Infrastructure to B1 Local Centre, R2 Low Density Residential and R3 Medium Density Residential. Since this time the land was purchased by Transgrid as an electricity easement. During public authority consultation it was considered that the proposed B1 Neighbourhood Centre zoning at Elizabeth Hills would be more appropriate as IN1 General Industrial. This zoning better recognises the electricity easement which would prohibit business type development on the site. The IN1 General Industrial zoning is appropriate as it is uniform with the zoning to the south and does not indicate the need for a centre as the B1 Neighbourhood Centre zone would. Due to the decision to remove the B1 Neighbourhood Centre zone, the adjacent R3 Medium Density Residential zone will now be changed to R2 Low Density Residential, due to the lack in commercial zoning to support a greater residential density. The proposal still seeks to realign zone boundaries near a stormwater detention basin at Lots 3, 5, 7 and 8 DP 1171381 and Lot 101 DP 1158385, Aviation Road, Elizabeth Hills. Originally, 11 hectares of land was zoned SP2 Infrastructure to cater for the construction of a detention basin. However a redesign of the basin to six hectares means that part of the land is no longer required for this purpose. The proposal now includes the following changes (from the previous proposal) to the land area of each zone in Elizabeth Hills: 342 Zone Current (sqm) Proposed (sqm) SP2 Infrastructure 46 770 25 995 R2 Low Density Residential 97 347 144 744 R3 Medium Density Residential 30 871 0 IN1 General Industrial 0 14 788 B1 Neighbourhood Centre 10 518 0 Table 1: Proposed areas for zone amendments at Elizabeth Hills. Difference (sqm) -20 775 +47 397 -30 871 +14 788 -10 518 The proposal also includes updating the corresponding floor space ratios, maximum building heights, minimum lot sizes and land acquisition maps. The landowner to the north who originally requested the change has been consulted and agrees with the proposed changes. The rezoning is consistent with the approvals for the site issued by the D&PI under Part 3A of the Environmental Planning and Assessment Act 1979. StormwaterBasin 6 Figure 1: Proposed zoning at Aviation Drive, Elizabeth Hills 343 Cemeteries and Crematoria Cemeteries and Crematoria have been deleted out of the planning proposal for Draft Amendment No.27 as required by the Gateway Determination conditions specified by the DP&I. Council staff wrote to the DP&I seeking removal of this condition of the Gateway Determination, however have been advised that this will not occur. As a result, Council staff have removed Cemeteries and Crematoria from the planning proposal. Reclassification of Community Land to Operational Land At its meeting held on 28 February 2011 Council resolved to reclassify and rezone a number of properties. Part Lot 236 DP 25142 – 203 Memorial Avenue Liverpool is listed in the original report for reclassification but also requires a rezoning from RE1 Public Recreation to R3 Medium Density Residential. This rezoning is required as the land is to be sold as a residential lot once reclassification has taken place. Parts of the Planning Proposal that are Unaltered The following elements of the planning proposal remain the same as adopted on 27th February 2012: Sex Service Premises The Liverpool City Centre has a proliferation of sex service premises and as such this proposal seeks to prohibit sex service premises from the B3 Commercial Core zone. Sex service premises remain permissible in the IN1, IN2 and IN3 zones. Council will also delete the LDCP 2008 controls that relate to sex service premises in the City Centre. Middleton Grange Dwelling Densities Middleton Grange is a new release area that utilises minimum dwelling density controls to facilitate a variety of development types. Since the adoption of LLEP 2008, the required minimum dwelling density has increased by virtue of the Standard LEP Instrument definition. The increase has made it difficult for developers to achieve the required dwelling yields, leading to a number of Development Applications seeking an exception to the dwelling density provision. As Council is not permitted to alter the definition, this proposal seeks to amend the dwelling density map to reduce the 30 dwellings per hectare area to 28 dwellings per hectare and the 23 dwellings per hectare area to 21 dwellings per hectare. The proposed amendments do not alter the objective of the dwelling density provisions in that they will continue to encourage the efficient use of infrastructure through the provision of smaller lots, locating smaller lots in areas that are well serviced and of high amenity and allow the continued collection of adequate developer contributions to provide for critical services and infrastructure for the suburb. 344 Land Use Table Veterinary hospitals are considered compatible with the RU4 zone and will be made permissible with consent in this zone. Council resolved to permit veterinary hospitals in the RU4 zone at its meeting on 28 September 2011 (NOMO 03). Recreation facilities (indoor) are not considered compatible with the IN3 zone and therefore will be prohibited in this zone. Vehicle repair stations and vehicle body repair workshops will both be added as permissible with consent in the IN1 zone. Single Dwellings in the Medium and High Density Residential Zones LLEP2008 currently permits single dwellings in the R3 Medium Density Residential and R4 High Density Residential zones. Some development applications for single dwellings in medium and high density residential zones attempt to overdevelop by taking advantage of the development standards that should apply to medium and high density development (such as floor space ratios and maximum building heights). An additional clause in the LEP is proposed to ensure that single dwellings have appropriate development standards including a maximum floor space ratio (FSR) of 0.6 to 1 and a maximum building height of 8.5 metres, despite the FSR and building height maps. Dwelling Entitlement in Greendale and Denham Court In the repealed LLEP 1997, Clause 36(2) stipulated that certain small rural lots did not have individual dwelling entitlements, however should the lots consolidate, a dwelling would be permissible. This restriction was not carried over into the LLEP2008 and it is proposed to make a new clause to re-establish the previous LEP restriction. The consolidation of these lots will ensure that the rural character is maintained, and that future development does not overburden utilities and other infrastructure. This will apply to the following properties: Lots 13–16 (inclusive), DP 18891 Greendale Road, Greendale Lots 17–20 (inclusive), DP 18891 Greendale Road, Greendale Lots 50–51 (inclusive), DP 18891 Greendale Road, Greendale Lots 10–11 (inclusive), Sec B, DP 1443 Church Road and Campbelltown Road, Denham Court Lots 17-19 (inclusive), Sec B DP 1443 Campbelltown Road, Denham Court Lots 20-21 (inclusive), Sec B DP 1443 Church Road and Campbelltown Road, Denham Court Lots 27–28 (inclusive), Sec B, DP 1443 Campbelltown Road, Denham Court Lots 29–31 (inclusive), Sec B, DP 1443 Campbelltown Road, Denham Court Lots 32–34 (inclusive), Sec B, DP 1443 Campbelltown Road, Denham Court Lots 35–37 (inclusive), Sec B, DP 1443 Campbelltown Road, Denham Court 345 Mapping Anomalies Casula Certain properties in Casula have zone boundaries that are incorrect. It is proposed to rezone the land to correspond with the lot boundaries. The proposal will rezone Lots 881884 DP 1149386 - 54, 56 and 58 Paperbark Circuit, Casula and 13 Maple Road, Casula to R2 Low Density Residential and Lot 99 DP 1139963 - Lot 99 Paperbark Circuit, Casula (Council reserve) to RE1 Public Recreation. The corresponding floor space ratio, minimum lot size and maximum building height maps will be updated also. Chipping Norton The property known as 39 Newbridge Road, Chipping Norton is no longer being acquired by Council and therefore should be zoned for residential purposes. The proposal will rezone Lot 133 DP 17134 known as 39 Newbridge Road, Chipping Norton from RE1 to R2 (map reference LZN-014). The corresponding floor space ratio, minimum lot size and maximum building height maps will be updated also. Greendale/Cobbitty A number of part lots have been transferred from the Camden Council area to the Liverpool City Council area. The proposal will zone part lots 2, 6 and 7 DP 582023 - 575 Wolstenholme Avenue Greendale, 51 Orient Road Greendale and 40 Orient Road Greendale, and Lots 4 and 5 DP 776502 – 20 Orient Road Greendale and 24 Orient Road Greendale to RU1 Primary Production under the LLEP208. The corresponding minimum lot size maps will also be updated. This ensures the land transferred has land use controls consistent with the majority of the land holding. Middleton Grange The property known as Lot 318 DP 2475 100 Flynn Avenue, Middleton Grange is zoned R1 General Residential and RE1 Public Recreation. The alignments of these zone boundaries need to be revised in light of the detailed design of the detention basin proposed in the land zoned RE1 Public Recreation. West Hoxton The property known as Lot 16 DP 1058298, Pontville Close, West Hoxton is mostly zoned R2 Low Density Residential; however a corner of the site is zoned RE1 Public Recreation. The portion of the land zoned RE1 is no longer required for Council purposes and there is proposed to be rezoned to R2 Low Density Residential, which will align with the remainder of the property. The corresponding floor space ratio, minimum lot size, maximum building height and land acquisition maps will be updated also. Schedule 5 of LLEP 2008 - State and Local Significance Heritage Items There are a number of inconsistencies in Schedule 5, where heritage properties are listed as having State significance, when they should be listed as having Local significance. This change is required due to the Department of Planning and Infrastructure stating that only State Heritage Register items are to be noted as having state heritage significance. This proposal seeks to reflect the recently announced direction from the Department. 346 Cabramatta Creek Flood Study and Basin Strategy Review As its meeting on 6 February 2012 Council resolved to adopt the Cabramatta Creek Flood Study and Basin Strategy Review as part of the Liverpool Floodplain Management Committee Minutes. The LLEP 2008 flood prone land maps will be updated to correspond to the adopted the study and strategy. Conclusion It is recommended that the Draft Amendment No. 27 to LLEP 2008 should proceed to the DP&I for a revised Gateway determination. FINANCIAL IMPLICATIONS: Reclassification of Community Land to Operational Land There will be no impact to the 2012/2013 budget due to the long lead time in reclassification and rezoning. However the agreed purchase price for Lot 4221 DP 1163585 will be credited to Section 94 as these funds were initially used to acquire the parent lot. Liverpool LEP Anomalies Amendments There are no financial implications for Council resulting from the remainder of the report. RECOMMENDATION: That Council: 1. Forwards a copy of the revised Planning Proposal to the Department of Planning and Infrastructure seeking a revised Gateway Determination. 2. Following receipt of the Gateway determination proceeds with public exhibition. SIGNED BY: Milan Marecic Director City Planning Attachment: Planning Proposal (under separate cover) 347 LIVERPOOL CITY COUNCIL CITY PLANNING REPORT ORDINARY MEETING ITEM NO: SUBJECT: OWNER: APPLICANT: COMMUNITY STRATEGIC PLAN REFERENCE: 28/11/2012 PLAN 05 FILE NO: D/691/1998/A SECTION 96(2) APPLICATION SEEKING TO MODIFY DEVELOPMENT CONSENT 691/1998 MOHAMMED TRAD AUSTRALIAN ISLAMIC HOUSE IN LIVERPOOL INC DECISION MAKING PROCESSES ARE TRANSPARENT AND THE COMMUNITY HAS OPPORTUNITY TO BE INVOLVED. EXECUTIVE SUMMARY: Council has received and considered an application to modify the terms of Development Consent DA-691/1998. This application has been made pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979. Development Application DA-1328/2003 was previously considered by the Independent Hearing and Assessment Panel (IHAP) and then later approved by Council in 2003. Approval was granted for the construction of three buildings including a place of public worship building (mosque), a building comprising classrooms and a Child Care facility and a lecture hall building at 2094 Camden Valley Way, Edmondson Park. The modification application seeks approval for amendments to the roof form of the place of public worship to incorporate two minarets. Other components of the modification seek to enclose the courtyard area and an internal reconfiguration of the ground and first floor area of the mosque. No modifications are sought to the approved maximum number of patrons or hours of operation of the development. The application can be considered pursuant to Section 96 of the Environmental Planning and Assessment Act 1979 as it results in substantially the same development. Assessment of the application has been undertaken which has concluded that these amendments are satisfactory and will not result in any adverse impacts upon the residential amenity of the locality. 348 DETAILED REPORT: The Site The subject site is identified as Lot 1 in DP 1052613, being No. 2094 Camden Valley Way Edmondson Park. An aerial photograph of the site is illustrated in Figure 1 below. Surrounding development is characterised by large lot rural residential development. However it is noted that this area is undergoing transition to accommodate new residential development as part of the Edmondson Park land release. Camden Valley Way Subject Site Figure 1: Aerial Photograph of the subject site Background DA-691/1998 was approved by Council for the construction of three buildings over three stages. Details of each component of the development as originally approved are canvassed below. Stage 1 - A place of public worship building: A mosque comprising male and female prayer areas, administration rooms, ablution rooms, toilets, cleaners room, presentation room and library. The height of the building was approved with a maximum height of 15.2m (from the ground level to the top of the dome), with a half crescent decorative feature of about 2.5m high on top of the dome. The building is two storeys in height and is setback approximately 194m from Camden Valley Way. A copy of the approved elevations of the place of public worship is provided in Figure 2. 349 Stage 2 - A building comprising classrooms and a Child Care facility: The Childcare/Classroom facility comprises seven classrooms, a staff room, child care rooms, toilets and the provision of a pantry/kitchen. The building is single storey and is 4.45m high (from ground level to top of the roof). Stage 3 - A lecture hall building: The lecture hall building comprises one lecture hall, a kitchen, toilet provisions and storerooms. The building is single storey and is 7.225m high (from ground level to the top of the roof) and is setback approximately 40m from the rear boundary. The development in its totality provides for a total of 248 car parking spaces. 122 car parking spaces provided in Stage 1 and 126 car parking spaces in Stage 2. The hours of operation for each component of the development are attached to this report. Figure 2: Approved Elevation Plans for DA-691/1998 Current status of the Development Physical works associated with the approved development have commenced on the site. Stage 1 being for the construction of the place of public worship is currently under construction. A current photograph of the site is provided in Figure 3 below. 350 Figure 3: Current photograph of the site. The Proposal An application has been made pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 which seeks to amend Development Consent DA-691/1998. The proposal incorporates the following components: Modifications to the approved roof form to include the construction of two architectural roof features, known as Minarets. A crescent shaped feature will be located on the upper most point. The Minarets will provide a maximum height of 17.6 metres and will provide access that is limited to maintenance purposes; The construction of a 6.2 metre high enclosure (including the provision of a remote controlled opening roofing system) to the approved courtyard area; Internal reconfiguration of the approved first floor library area of the Mosque; Internal reconfiguration of the fire stairs (labelled as fire stairs 1 and fire stairs 2); Internal reconfiguration of the lift shaft; Internal reconfiguration of the guest prayer area; The provision of two skylights within the portion of the roof located over the ‘main entrance area; and The construction of a dome shaped roof and feature columns to the approved fountain feature located to the south-east of the Mosque. An extract of the elevations which form part of this modification are provided in Figure 4 below: 351 Figure 4: Proposed Elevations which form part of modification. Figure 5: Proposed Elevations which form part of modification. 352 Zoning The subject site is part zoned R1 General Residential and RE1 Public Recreation. The approved development is located wholly within the R1 General Residential zoned portion of the site. It is noted that the original development application was approved under a previous planning instrument. Notwithstanding, the development is still a permissible form of development in the R1 General Residential zone. An extract of the zoning map is provided in Figure 7 below. Subject Site Figure 6: Extract of LLEP 2008 zoning map Relevant Matters for Consideration The application has been assessed in accordance with the relevant matters for consideration prescribed by Section 79C and 96 of the Environmental Planning and Assessment Act 1979. The matters for consideration pursuant to Section 96 are: Whether the development to which the consent as modified relates to is substantially the same development as the development for which the consent was originally granted; and Any submissions made concerning the proposed modification. The key issues that have been identified as part of the assessment of the application against Section 79C of the Environmental Planning and Assessment Act 1979 are as follows: 353 Visual impact of minarets As canvassed earlier, approval is sought to amend the roof form of the mosque to include the construction of two minarets. The minarets are a distinctive architectural element of mosques. The minarets will be constructed using a combination of a masonry base, metal frame columns with windows and metal fin. A crescent shaped feature will be located on the upper most point. The minarets will provide a maximum height of 21.8 metres. Whilst the minarets are able to be viewed from adjoining residential properties, they will not appear to be a visually dominant feature of the building due to their integrated design and narrow form. Provided in Figure 7 below is a conceptual image of the mosque which incorporates the proposed minarets. It can be seen from the image that the visual appearance of the minarets is subordinate with respect to the building and not likely to result in any adverse visual impacts. Figure 7: Conceptual image of mosque including minarets Height of architectural roof features Current provisions within Local Environmental Plan 2008 (LLEP 2008) prescribe a maximum building height of 8.5m. It is noted that additional provisions within LLEP 2008 prescribe that architectural roof features can depart from the maximum building height but only with consent. Consideration has been given to the objectives of the development standard pertaining to architectural roof elements as part of the assessment of this application. In this regard, it is considered: the roof feature, by way of minarets are not only a decorative element but a distinctive architectural element associated with mosques; and 354 apart from the minarets, the remaining roof element of the proposal is located within the permitted height limits at the time of the original approval. In this regard, the proposed minarets are consistent with the objectives of Clause 5.6 of LLEP 2008. The minarets will result in a variation to the maximum building height standards for the sole purpose of visual interest, whilst ensuring that the majority of the roof remains within the originally approved height limit, being approximately 12 metres. In addition to the objectives, consideration has been given to: that the minarets are proposed on the uppermost portion of the mosque and will not add any additional bulk to the development; the minarets are not an advertising structure; the minarets do not increase the floor space area and are not reasonably capable of modification to include floor space area; and will not cause any adverse overshadowing to adjoining properties. Floor Space Ratio The proposal also includes the construction of a 8.2 metre high enclosure with the provision of a remote controlled opening louvre roofing system to the approved courtyard area. Current provisions within Local Environmental Plan 2008 (LLEP 2008) prescribe a maximum floor space ratio (FSR) of 0.65:1. Whilst the enclosure will provide a minor increase to the floor space ratio of the approved development, the overall floor space ratio of the development as modified is approximately 0.15:1, which complies with the current requirements of LLEP 2008. The courtyard will be enclosed with 8.2 metre high solid walls to match the existing building. Lighting To ensure that any lighting associated with the minarets does not impact upon the residential amenity of adjoining properties, a condition of consent is recommended to ensure that: any provision of lighting associated with the minarets ensures minimum light spill to adjoining properties and does not cause any glare; and lighting of the minarets is undertaken in accordance with approved operating hours only. Access The plans illustrate that access into the minarets is provided by the provision of an internal staircase. The applicant has noted that access will be for maintenance purposes only. In this regard, a condition is recommended for the use of the site to ensure that access into the minarets is restricted to maintenance purposes only. 355 Substantially the same development Assessment of the application has confirmed that the proposed changes which form part of the modification application, results in substantially the same development for which development consent was originally granted. Community Consultation The application was exhibited for a period of 14 days in accordance with Liverpool Development Control Plan 2008. One submission was received during the exhibition period. Concerns raised in the submission primarily relate to: The addition of the minarets will not maintain the existing character of the surrounding area; The proposed minarets are above the maximum building height limits and therefore should not be considered as having no adverse impact; and The modification application was not notified to all residents of Edmondson Park. In response to the above concerns the following comments are made: Whilst it is noted that the area is zoned for residential purposes, the minarets are considered to be minor in nature with respect to the scale of the approved development. The design of the minarets will not increase the bulk and scale of the building and has been well integrated into the approved roof form to ensure that they do not result in a visually dominant appearance. The proposed minarets are not considered to unduly impact upon the surrounding area. The minarets will not result in an increase in floor space ratio, bulk and scale, overshadowing and overlooking. Whilst it is noted that the minarets exceed maximum building height requirements, an assessment against the requirements of Clause 5.6 of LLEP 2008 ensures that the architectural roof element does not result in an unfavourable outcome that would adversely impact upon the amenity of the area. The application was advertised and notified in accordance with the requirements of LDCP 2008. Accordingly, the application was advertised to adjoining properties located within a radius of 200m from the subject site. In consideration of the above, the concerns raised in the submissions do not warrant the refusal of the modification application. In addition, appropriate conditions are imposed to mitigate any potential impacts of the proposed modifications including conditions relating to access and lighting of the minarets. Development Assessment Panel Given that one submission was received, the application was referred to Council's Development Assessment Panel to ensure that the issues raised in the submission has been adequately considered as part of the assessment process. The Panel concurred that the issues raised in the submissions did not warrant refusal of the modification application. A copy of the report is attached to this report. 356 Conclusion The application has been assessed against the relevant considerations prescribed by Section 96 of the Environmental Planning and Assessment Act 1979 as canvassed in detail in the above report. Following a detailed assessment of the proposal, it is considered that the proposal as amended should be approved subject to the amendments to conditions within revised to the conditions contained within the original determination notice. FINANCIAL IMPLICATIONS: There are no financial implications as a consequence of this report. RECOMMENDATION: That Council: 1. Approves modification application DA-691/1998/A (as amended) made pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, which seeks to modify Development Consent DA-691/1998 at Lot 1 DP 1052613, No. 2094 Camden Valley Way, Edmondson Park subject to conditions contained within the amended determination notice. 2. Notifies any person who made a submission. SIGNED BY: Milan Marecic Director City Planning Note: Applicant and land owner details are not available and land owner details are not available as they are not a company. Attachments: 1. Extract of approved hours of operation 2. Architectural plans accompanying modification application 3. Revised Conditions of Consent. 357 Attachment 1 - Extract of approved hours of operation 358 Attachment 2 - Architectural plans accompanying modification application 359 360
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