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MINUTES OF Ku-ring-gai Local Planning Panel Meeting
HELD ON Monday, 17 December 2018

  

Present:

Chairperson (Justice Angus Talbot)

Expert Panel Member (Gerard Turrisi)

Expert Panel Member (Tony Blue)

Community Member (Frank Ko)

 

 

Staff Present:

Director Development & Regulation (Michael Miocic)

Development & Assessment Services Manager (Corrie Swanepoel)

Minutes Secretary (Kerry Frair)

 

 

Others Present:

Manager Urban and Heritage Planning – Strategy and Environment (Antony Fabbro)

Team Leader Urban Planning – Strategy and Environment – (Craige Wyse)

Heritage Specialist Planner – Strategy and Environment – (Andreana Kennedy)

Strategic Planner, Heritage – Strategy and Environment – (Maxine Bayley)

Team Leader Development Engineer – Development & Regulation– (Brian O’Connell)

Team Leader – Development & Regulation (Selwyn Segal)

Acting Team Leader – Development & Regulation (Adam Richardson)

Executive Assessment Officer – Development & Regulation (Scott McInnes)

Senior Development Assessment Officer – Development & Regulation (Stuart Ratcliff)

 

 

 

The Meeting commenced at 12:30 pm

 

 

 

DECLARATIONS OF INTEREST

 

The Chair alluded to the necessity for the Panel members and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.

 

Tony Blue – declared a conflict with GB.2.

 

            ADDRESSES TO THE PANEL

 

            The following members of the public addressed the Panel on items on the agenda:

 

            GB.1 – Planning Proposal to heritage list 149 Livingstone Avenue, Pymble

 

            Gavin Sweeney

            Paul Davies

            Terry Wight

 

            GB.2 – 161, 163 and 185A Fox Valley Road, Wahroonga – Demolition of existing structures and construction of a temporary display suite (exhibition home) with car parking and associated works.

 

            Panel member Tony Blue withdrew during discussion

 

            Jeanne van Warmelo

            Gail Wiseman (on behalf of George Gleeson)

            Ad Van den Boogaard

            Melanie Martin

            Amanda Barr (on behalf of Carli Jeffrey)

            Gail Wiseman (on behalf of Gregg Farebrother)

            Amanda Barr

            Angelique Megevand

            Chanel Gibson

            Gail Wiseman

            Avona Butterfield

            Gordon Kirkby

            Chanel Gibson (on behalf of Suzanne Milne)

 

            GB.3 – 1 Lorne Avenue, Killara – Demolition of existing structures and construction of a residential flat building comprising 10 units, basement parking and associated works.

Panel member Tony Blue returned

            Aldred Wu

 

Tony Blue returned

 

 

GENERAL BUSINESS

 

 

 

KLPP39

Planning Proposal to heritage list 149 Livingstone Avenue, Pymble

 

File: S12202

Vide: GB.1

 

 

To obtain the Ku-ring-gai Local Planning Panel’s advice on the Planning Proposal to heritage list 149 Livingstone Avenue Pymble on Schedule 5 of Ku-ring-gai Local Environmental Plan 2015

 

 

The Panel Advised:

 

 

That the Ku-ring-gai Local Planning Panel makes a recommendation as to whether the Planning Proposal to heritage list 149 Livingstone Avenue, Pymble on Schedule 5 of Ku-ring-gai Local Environmental Plan 2015 be submitted to the Department of Planning and Environment for a Gateway Determination.

 

A.    Panel advice to Council:

The Council not refer the Planning Proposal to the Department of Planning and Environment  for a Gateway Determination.

 

B.    Date of the advice: 17 December, 2018

 

The reasons for the advice: Council has resolved to proceed with Planning Proposal in the face of a credible assessment that 149 Livingstone Avenue was not of local heritage significance by an independent Heritage Consultant  Anne Warr, supported by its own Heritage Specialist Planner and heritage staff.

 

The draft heritage assessment by Heritage Consultant Anne Warr and the accompanying recommendation in the report by Council staff were favourably reviewed by Paul Davies Pty Ltd.

.

The Panel noted the following incompatible changes are generally impracticable to reverse:

 

1)      The additions of second storey attic windows.

2)      Replacement of original terra cotta roof tiles

3)      In fill of front verandah

4)      Painted face brick

5)      An attached car port

6)      Timber verandah floor

7)      Major additions at the rear

8)      Modification of garden landscape

 

The heritage assessment by Chris Betteridge that supported the inclusion of the property as a local heritage item was commissioned by Local Residents Action Group 149.  The Betteridge assessment relied upon disputed historical associations with the Hamilton family and the architect Thomas James Darling and based the social values and significance of the property at a local level on the degree of concern shown by the residents which is currently opposing the redevelopment of the site.

 

 

 

KLPP40

161, 163 and 185A Fox Valley Road, Wahroonga - Demolition of existing structures and construction of a temporary display suite (exhibition home) with car parking and associated works-

 

File: DA0058/18

Vide: GB.2

Panel member Tony Blue departed during discussion

 

 

Demolition of existing structures and construction of a display a suite with car parking and associated works on the subject site.

 

 

 

 

The Panel Advised:

 

A.   Decision: 

 

Having regard to the provisions of section 4.15 of the Environmental Planning and Assessment Act 1979 the proposed development is considered to be satisfactory, subject to the following additional conditions and amendments.

 

New Conditions:

 

Prior to issue of the Construction Certificate, the Applicant shall submit revised plans showing compliance with the following:

 

Sight triangles

As per AS 2890 and in order to ensure adequate sight distances for pedestrians and traffic in the frontage road, sight triangles of 2m x 2.5m shall be provided on both sides of the proposed vehicular crossing.

 

Sign for exiting traffic

A sign shall be provided at the end of the driveway, requesting vehicles to slow down, and to bring attention to pedestrians on the footpath. The sign shall be in accordance with the requirements of AS 1743.

 

Add new Condition 1A

The layout of the interior of the suite is to be generally in accordance with Plan A2000 issue 7, dated 17 December 2018.

 

Condition 9 and Condition 46 are to be amended to reflect up to date plan references.

 

Condition 9

 

Tree protection fencing

 

To preserve the existing trees to be retained, no work shall commence until the area beneath their canopy is fenced off in accordance with the tree management plan DWG L2000 Revision G prepared by Group GSA dated 29/11/18, to prevent any activities, storage or the disposal of materials within the fenced area.  The fence/s shall be maintained intact until the completion of all demolition/building work on site.

 

Reason:                To protect existing trees during the construction phase.

 

Condition 46

 

Approved tree works

 

Approval is given for the following works to be undertaken to trees on the site:

 

 

 

 

Tree/Location

Approved tree works

Tree 30/ Cupressus sempervirens (Italian Cypress) located in the front setback

Removal

Tree 38/ Syagrus romanzoffiana (Cocus)located in the rear yard

Removal

Tree 39/ Alnus glutinosa (Evergreen Alder) located in the rear yard

Removal

 

Removal or pruning of any other tree on the site is not approved, excluding species exempt under Council’s Development Control Plan.

 

Reason:                To ensure that the development is in accordance with the determination.

 

After the word lighting in Condition 59 insert “illuminated advertising signs”.

 

Add to Condition 52 the following:

 

Any application for extension of duration of the consent is to be made to Council no later than six months prior to the lapsing to this consent.

 

B.   Date of the decision:17 December, 2018.

 

C.   The reasons for the decision: The development will not unreasonably impact on the traffic conditions in the area or the amenity of the surrounding residents.

 

D.   How community views were taken into account in making the decision:  The Panel inspected the site and heard and took account of submissions in respect of this specific development.

 

 

 

 

KLPP41

1 Lorne Avenue Killara - Demolition of existing structures and construction of a residential flat building comprising 10 units, basement parking and associated works

 

File: DA0171/18

Vide: GB.3

 

Panel member Tony Blue returned

 

 

The Panel Advised:

 

A.  Decision:

 

Having regard to the provisions of section 4.15 of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory, subject to the following additional conditions and amendments.

 

Deferred Commencement Condition 1. shall be amended to add the following first paragraph:

 

The consent will not operate until Council has been advised by Sydney Trains that the following deferred commencement terms have been satisfied.

 

New Deferred Commencement Condition 2.

 

2. Window sizes

The following amendments are to be made to the living room windows of the specified units:

·         Unit 11: west facing living room windows to be enlarged (height dimension increased) to have a sill height of 900mm above the finished floor level

·         Units 3, 4, 13 and 14: east facing living room windows to be enlarged (height dimension increased) to have a sill height of 900mm above the finished floor level

These amendments are to be provided to the satisfaction of the Council.

Reason:          To provide adequate internal amenity to the units of the development.

New Deferred Commencement Condition 3.

3. BASIX

The BASIX Certificate is to be updated to reflect the amendments required to the window sizes and the inclusion of the proposed planter to Unit 3.

·         changes to Conditions in Schedule B.

·         delete last sentence of Condition 79

·         amend Condition 22 by adding additional point 7 as follows:

That a set of stairs be provided off Lorne Avenue directly in alignment with the front entry to the development.

B.   Date of the decision:17 December, 2018.

 

C.   The reasons for the decision: The public interest is best served by the consistent application of the requirements of the relevant Environmental Planning Instruments, and by the Panel ensuring that any adverse effects on the surrounding area and the environment are minimised.  The proposal has been assessed against the relevant environmental planning instruments and is deemed to be acceptable.  On this basis, the proposal is not considered to raise any issues that are contrary to the public interest.

 

D.   How community views were taken into account in making the decision: The submissions were taken into account in the officer’s recommendation and the consideration by the Panel.

 

 

Declarations

The Meeting closed at 2.15pm

 

The Minutes of the Ku-ring-gai Local Planning Panel Meeting held on 17 December 2018 (Pages 1 - 12) were confirmed as a full and accurate record of proceedings by <insert name> on <Insert confirmation date …>.

 

__________________________

Chairperson