Minute                                           Ku-ring-gai Council                                               Page

MINUTES OF Ku-ring-gai Local Planning Panel Meeting
HELD ON Monday, 29 July 2019

Present:	Chairperson (Kevin G Hoffman) Expert Panel Member (Gerard Turrisi) Expert Panel Member (Tony Blue) Community Member (Peter Thornton)
Staff Present:	Director Development & Regulation (Michael Miocic) Acting Development & Assessment Services Manager (Shaun Garland) Planning Panels Coordinator (Kerry Frair)
Others Present:	Acting Team Leader – Development Assessment (Adam Richardson) Executive Assessment Officer (Brodee Gregory) Executive Assessment Officer (Scott McInness) Senior Development  Assessment Officer (Phillip Johnston) Development Assessment Officer (Stuart Wilson) Team Leader Engineering Assessment (Brian O’Connell) Heritage Advisor (Leona Goldstein) Consultant Planner (Kerry Gordon) Consultant Urban Designer (Kerry Hunter)

The Meeting commenced at 12:32pm

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.

Gerrard Turrisi – declared a conflict of interest with item GB.2 - 6 Memorial Avenue, St Ives - alterations and additions to existing community (youth) centre and hall. Mr Turrisi removed himself during the public meeting discussion and the determination of Item GB.2.

No other declarations were made.

ADDRESSES TO THE PANEL

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

GB.1         17 Larchmont Avenue, East Killara – Demolition of existing structures and Torrens title subdivision of 1 lot into 2.

Kate Halley

Ian Glendinning

GB.2         6 Memorial Avenue, St Ives - Alterations and additions to existing community (youth) centre and hall.

Lino Querin

GB.3         18 Grosvenor Street, Wahroonga - Significant alterations and additions including new garage and demolition of ancillary structures to a heritage item in a heritage conservation area

Robyn Hammond

Margaret Major

GB.6         44 Fox Valley Road, Wahroonga - Demolition of existing structures and construction of a 92 place child care centre with basement parking and associated works

Xerxes Karai

Paris Spana

Peter Reid

Richard Haydon

GB.7         1456 and 1456A Pacific Highway, Turramurra - Demolition of existing structures and Construction of a residential flat building comprising of 37 apartments, basement parking and associated works.

Garry Chapman

Elizabeth Ashby

The public meeting closed at 2:19pm

The Panel adjourned to the Ante Room for determination

GENERAL BUSINESS

KLPP08	17 Larchmont Avenue East Killara - Demolition of existing structures and Torrens Title subdivision of 1 lot into 2. File: DA0529/18 Vide: GB.1
	Demolition of existing structures and Torrens title subdivision of one lot into two
	The panel resolved A. Decision The Ku-ring-gai Local Planning Panel, as the consent authority, is of the opinion that the request submitted under clause 4.6 of KLEP 2015 to vary the minimum allotment width development standard of Clause 4.1 (3A) of the Ku-ring-gai Local Environmental Plan 2015 fails to meet the requirements of clause 4.6(4). The Ku-ring-gai Local Planning Panel is also of the opinion that strict compliance with the development standard is reasonable and necessary in the circumstances of the case and that there are insufficient environmental planning grounds to justify the variation to the development standard. B.     The Ku-ring-gai Local Planning Panel, as the consent authority, refuses development consent to DA0529/18 for the demolition of existing structures and Torrens title subdivision of 1 lot into 2 on land at 17 Larchmont Avenue, East Killara, as shown on plans Drawing No. 5691-SUB2 A, dated 24.10.2018 for the reasons contained in the assessment officer’s report. C.     Date of the decision : 29 July, 2019 D.     Reason for the decision:  Detailed reasons contained in the assessment officer’s report. E.     How community views were taken into consideration: The decision of the Panel concurs with the objection received. Voting         Unanimous

Gerard Turrisi departed during discussion

KLPP09	6 Memorial Avenue, St Ives - Alterations and additions to existing community (youth) centre and hall. File: DA0117/19 Vide: GB.2
	Alterations and additions to existing community (youth) centre and hall
	The panel resolved A.    Decision          The Ku-ring-gai Local Planning Panel, as the consent authority, being satisfied that the proposed development will be in the public interest, grants development consent to DA0117/19 for alterations and additions to the existing community facility (youth) centre and hall on land at 6 Memorial Avenue, St. Ives.  Pursuant to Section 4.53(6) of the Environmental Planning and Assessment Act 1979, this consent lapses if the approved works are not physically commenced within two (2) years of the date of the Notice of Determination. B.     Date of the decision : 29 July, 2019 C.     Reason for the decision: Beneficial improvements to a community facility at the St Ives Village Green Parkland in accordance with the adopted landscape master plan. D.     How community views were taken into consideration:  Considerations of submissions made and appropriate conditions applied in the consent. Voting         Unanimous

                                                                Gerard Turrisi returned

KLPP10	18 Grosvenor Street Wahroonga - Significant alterations and additions including new garage and demolition of ancillary structures  to a heritage item in a heritage conservation area File: DA0497/18 Vide: GB.3
	Significant alterations and additions including new garage and demolition of ancillary structures to a heritage item in a heritage conservation area.
	the panel resolved PURSUANT TO SECTION 4.16(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 A. Decision The Ku-ring-gai Local Planning Panel, as the consent authority, being satisfied that the proposed development will be in the public interest, grants Deferred Commencement Development Consent to DA0497/18 for significant alterations and additions including new garage and demolition of ancillary structures to a heritage item in a heritage conservation area at 18 Grosvenor Street Wahroonga, as per the assessment officer’s report (Attachment A1). Pursuant to Section 4.53(2) of the Environmental Planning and Assessment Act 1979, this consent lapses if the approved works are not physically commenced within two (2) years of the date on which the consent becomes operable. B.     Date of the decision : 29 July, 2019 C.     Reason for the decision:  As contained in the assessment officer’s report. D.     How community views were taken into consideration:  Addressed by conditions of consent for a non-reflective roof. Voting                Unanimous, however. Peter Thornton, Community Representative supported the applicant’s submission to be permitted to use a Welsh slate roof, if they wished.

KLPP11	34 Billyard Avenue, Wahroonga - Removal of four trees (73, 74, 75 and 77) – within a heritage item in a heritage conservation area. File: DA0163/19 Vide: GB.4
	Removal of four trees (73, 74, 75 and 77) – heritage item within heritage conservation area.
	the panel resolved A.      Decision The Ku-ring-gai Local Planning Panel, as the consent authority, being satisfied that the proposed development will be in the public interest, grants Development Consent to DA0163/19 for removal of four trees (73, 74, 75 and 77) – within a heritage item in a heritage conservation area at 34 Billyard Avenue, Wahroonga, as per the assessment officer’s report (Attachment A1). Pursuant to Section 4.53(2) of the Environmental Planning and Assessment Act 1979, this consent lapses if the approved works are not physically commenced within two (2) years of  the date of the notice of determination. B.     Date of the decision : 29 July, 2019 C.     Reason for the decision: Minor works of no impact of any relevance to the heritage item or the conservation area. D.     How community views were taken into consideration: No objections to this item. Voting         Unanimous

KLPP12	9A Railway Avenue, Wahroonga - Commercial fit-out to existing cafe, entry modification, signage and extension to trading hours, to a heritage item. File: DA0097/19 Vide: GB.5
	Commercial fit-out to existing café, entry modification, signage and extension to trading hours to a heritage item.
	the panel resolved PURSUANT TO SECTION 4.16(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 A.      Decision The Ku-ring-gai Local Planning Panel, as the consent authority, being satisfied that the proposed development will be in the public interest, grants development consent to DA0097/19 for commercial fit-out to existing café, entry modification, signage and extension to trading hours, to a heritage item at 9A Railway Avenue, Wahroonga, as per the assessment officer’s report (Attachment A1). Pursuant to Section 4.53(2) of the Environmental Planning and Assessment Act 1979, this consent lapses if the approved works are not physically commenced within two (2) years of the date of the notice of determination. B.     Date of the decision : 29 July, 2019 C.     Reason for the decision: Economic reuse of a commercial property in the appropriate zoning. D.     How community views were taken into consideration: No objections lodged. Voting         Unanimous

KLPP13	44 Fox Valley Road, Wahroonga - Demolition of existing structures and construction of a 92 place child care centre with basement parking and associated works File: DA0313/18 Vide: GB.6
	Demolition of existing structures and construction of a 92 place child care centre with basement parking and associated works.
	the panel resolved A.    Decision The Ku-ring-gai Local Planning Panel, as the consent authority, refuses development consent to DA0313/18 for demolition of existing structures and construction of a 92 place child care centre with basement parking and associated works  on land at 44 Fox Valley Road, Wahroonga, as per the assessment officer’s report, with the addition under reasons Inadequate Information  an item (i) no plan of management has been submitted advising of controls on the operation of the centre plus traffic and servicing movements. B.     Date of the decision : 29 July, 2019 C.     Reason for the decision: As included in the assessment officer’s report. D.     How community views were taken into consideration: Shortcomings raised by submissions were dealt with in refusing this development. Voting         Unanimous

KLPP14	1456 and 1456A Pacific Highway, Turramurra - Demolition of existing structures and Construction of a residential flat building comprising of 37 apartments, basement parking and associated works File: DA0337/17 Vide: GB.7
	Demolition of existing structures and construction of residential flat building comprising 37 units, basement parking and associated landscaping.
	the panel resolved PURSUANT TO SECTION 4.16(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 A. Decision The Ku-ring-gai Local Planning Panel, as the consent authority, is of the opinion that the written requests by Chapman Planning Pty Ltd, dated 15 February 2019, submitted under clause 4.6 of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 that seek to: i.     vary the height of building development standard of Clause 4.3(2A) ii.    vary the floor space ratio development standard of Clause 4.4(2E) iii.   vary the site frontage and lot size development standard of Clause 6.5(2B) and 6.5(3) fail to demonstrate that compliance with the standards are unreasonable and unnecessary in the circumstances of each of the departures. The requests have not identified sufficient environmental planning grounds to justify the variations to the standards, as a result of these failures supporting the variations would be contrary to the  public interest. B.     The Ku-ring-gai Local Planning Panel, as the consent authority, refuses development consent to DA0337/17 for the demolition of existing structures and the construction of a residential flat building comprising 37 units, basement parking and associated works on land at 1456 and 1456A Pacific Highway TURRAMURRA  NSW, as shown on plans 101C site roof plan, 102C Level 166, 103C Level 169, 104C Level 172, 105C Level 175, 106C Level 178,107C Level 181,108C Level 184, 109C Level 187, 110C Level 190, 111C Level 193, 112C Level 196, 201C Elevations and Sections 01, 202C Elevations and Sections 02,203C Elevations and Sections 03 and 204C Elevations, Sections and Streetscape and 305C Gross floor area, dated 24 January 2019, based on the recommended reasons in the assessment officer’s report. C.     Date of the decision : 29 July, 2019 D.     Reason for the decision: The major non-compliances with statutory standards for height, FSR, frontage, and lot size and the relevant provisions contained under SEPP 65 (ADG). E.     How community views were taken into consideration: Approval of a development with such deficiencies would create an unsatisfactory living environment for future residents and inappropriate precedent. Voting         Unanimous

The determination meeting closed at 4:08pm

The Minutes of the Ku-ring-gai Local Planning Panel Meeting held on 29 July 2019 (Pages 1 - 13 ) were confirmed as a full and accurate record of proceedings by Kevin Hoffman on 30 July, 2019.

__________________________

Chairperson