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MINUTES OF Ku-ring-gai Local Planning Panel Meeting
HELD ON Monday, 16 March 2020

  

Present:

Chairperson (Kevin G Hoffman)

Expert Panel Member (Tony Blue)

Expert Panel Member (Michael Leavey) 

Community Member (Peter Thornton)

 

 

Staff Present:

Director Development & Regulation (Michael Miocic)

Development Assessment Services Manager (Shaun Garland)

Planning Panels Coordinator (Kerry Frair)

 

 

Others Present:

Manager Development Assessment Services (Shaun Garland)

Team Leader Development Assessment (Adam Richardson)

Team Leader Development Assessment (Selwyn Segal)

Team Leader Development Assessment (Jonathan Goodwill)

Team Leader Engineering Assessment (Brian O’Connell)

Heritage Advisor (Leona Goldstein)

Heritage Advisor (Vanessa Holtham)

Executive Assessment Officer (Amy Ayling)

Executive Assessment Officer (Scott McInness)

Executive Assessment Officer (Grant Walsh)

Executive Assessment Officer (Stuart Ratcliff)

Senior Development Assessment Officer (Luke Marquet)

 

 

 

The Meeting commenced at 12:32

 

 

DECLARATIONS OF INTEREST

 

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

 

No interest was declared.  

 

ADDRESSES TO THE PANEL

 

GB.2 – 7/213-231 Mona Vale Road, St Ives

 

Gordon Xue

 

GB.3 - 12 Bungalow Avenue, Pymble

 

Richard McClenahan

Yvettte Carr

 

 

 

GB.4 - 2 Matong Street, Gordon

 

Raj Mendes

Maxwell Boots

Chris Yee Joy

Jennifer Hill

Rod Edgar

 

GB.5 - 34-36 Dumaresq Street, Gordon

 

Alister Knox

Lewis Adey

Austin Tuon

 

GB.6 - 8 Lorne Avenue, Killara

 

Martin Urakawa

Stephen Davies

Harry Loughnan

Mariana Stecker

Martin Jarvis

 

The public meeting closed at 2:40pm

 

The Panel adjourned to the Ante Room

 

 

GENERAL BUSINESS

 

 

KLPP03

160 Eastern Road, Wahroonga - Supplementary Report - demolition of existing structures and Torrens Title subdivision of one lot into four lots with associated site works, including tree removal

 

File: DA0243/19

Vide: GB.1

 

 

The Panel Advised:

 

A.     Decision

 

PURSUANT TO SECTION 4.16(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

 

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 DA0243/19 for the demolition of existing structures and Torrens title subdivision of one lot into four lots with associated site works including tree removal at 160 Eastern Road, Wahroonga, subject to the recommended conditions below.  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 five years of the date of the Notice of Determination.

 

The updated conditions tabled at the meeting are amended as follows:

 

Delete Condition 3

 

Delete heading prior to Condition 53.

 

Condition 53 – delete ‘Prior to issue of a compliance certificate and’ commence sentence with ‘Upon completion’.

 

B.    Date of the decision: 16 March, 2020

 

C.    Reason for the decision: The development proposal, subject to conditions, is acceptable in terms of the relevant provisions of the EPA Act 1979 and is considered to be in the public interest.

 

D.    How community views were taken into consideration: The application was notified in accordance with the Council’s Community Participation Plan and submissions made by members of the public were considered.

 

Voting: unanimous

 

 

 

 

KLPP04

7/213-231 Mona Vale Road St Ives - Shop top housing comprising a two storey dwelling located above an existing garage

 

File: DA0199/19

Vide: GB.2

 

 

The Panel Advised:

 

A.     Decision

 

        i.            The Ku-ring-gai Local Planning Panel, as the consent authority, is of the opinion that the request submitted under clause 4.6 to vary the development standard in clause 6.6 “Ground floor development in business zones” of the Ku-ring-gai LEP (Local Centres) 2012 has met the requirements of clause 4.6(3). The Panel is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify the variation to the development standard.

 

       ii.            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 DA0199/19 for shop top housing comprising a two storey dwelling above an existing garage allocated to Lot 7 at 213-231 Mona Vale Road St Ives, subject to conditions as per the Development Assessment Report. Pursuant to Section 4.53(2) of the Environmental Planning and Assessment Act1979, this consent lapses if the approved works are not physically commenced within five years of the date of the Notice of Determination.

 

B.    Date of the decision: 16 March, 2020

 

C.    Reason for the decision: The development proposal, subject to conditions is acceptable in terms of the relevant provisions of the EPA Act 1979 and is considered to be in the public interest.

 

D.    How community views were taken into consideration: The application was notified in accordance with the Council’s Community Participation Plan and no submissions were made.

 

Voting: unanimous

 

 

 

KLPP05

12 Bungalow Avenue, Pymble- Torrens title subdivision of one lot into two lots

 

File: DA0216/19

Vide: GB.3

 

 

The Panel Advised:

 

A.     Decision

 

        i.            The Ku-ring-gai Local Planning Panel, as the consent authority, is of the opinion that the written request by LTS Lockley, dated 28 May 2019 and submitted under clause 4.6 of the Ku-ring-gai Local Environmental Plan 2015 to vary the floor space ratio development standard of Clause 4.4(2A) fails to demonstrate that compliance with the standard is unreasonable and unnecessary in the circumstances of the case. The request has not identified sufficient environmental planning grounds to justify the variation to the standard.

 

       ii.            The Ku-ring-gai Local Planning Panel, as the consent authority, refuses development consent to DA0216/19 for Torrens title subdivision of one lot into two lots at 12 Bungalow Avenue, Pymble, in accordance with the reasons for refusal as per the Development Assessment Report.

 

B.    Date of the decision: 16 March, 2020

 

C.    Reason for the decision: The development proposal is unsatisfactory with regard to the relevant provisions of s.4.15 of the EP & A Act 1979 and would not be in the public interest.

 

D.     How community views were taken into consideration: The application was notified in accordance with the Council’s Community Participation Plan and submissions made by members of the public were considered.

 

Voting unanimous

 

 

 

 

KLPP06

2 MATONG STREET, GORDON – Demolition of existing structures and construction of a new dwelling including pool, garage and associated works in a heritage conservation area.

 

File: DA0156/19

Vide: GB.4

 

 

 

The Panel Advised:

 

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 DA0156/19 for demolition of existing structures and construction of a new dwelling including pool, garage and associated works in a heritage conservation area at 2 Matong Street, Gordon, subject to conditions as per the Development Assessment Report. 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 five years of the date of the Notice of Determination.

 

The conditions in the Development Assessment Report are amended as follows:

 

Condition 6 –  the last clause to be changed to ‘prior to the commencement of any demolition work’.

 

B.    Date of the decision: 16 March, 2020

 

C.    Reason for the decision: The development proposal, subject to conditions is acceptable in terms of the relevant provisions of the EPA Act 1979 and is considered to be in the public interest.

 

D.    How community views were taken into consideration: The application was notified in accordance with the Council’s Community Participation Plan and submissions made by members of the public were considered.

 

Voting: unanimous

 

 

 

KLPP07

34-36 Dumaresq Street, Gordon – Section 8.2 Review of a decision to refuse DA0168/17 proposing demolition of existing structures and construction of nine town-houses (multi-dwelling housing) with basement parking, landscaping and associated works

 

File: REV0005/19

Vide: GB.5

 

 

The Panel Advised:

 

A.     Decision

 

PURSUANT TO SECTION 8.2 OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

 

        i.            The Decision Review Panel of the Ku-ring-gai Local Planning Panel, as the consent authority, having undertaken a review of the application in accordance with Section 8.2 of the Environmental Planning and Assessment Act, 1979, is satisfied that the reasons for the refusal of consent to DA0168/17 have been satisfactorily addressed.

 

       ii.            The Decision Review Panel of the Ku-ring-gai Local Planning Panel, as the consent authority, is of the opinion that the request submitted under clause 4.6 to vary the Clause 4.3 Height of Buildings development standard has met the requirements of clause 4.6(3). The Panel is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify the variation to the development standard.

 

     iii.            The Decision Review Panel of 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 DA0168/17 for demolition of existing structures and construction of nine town-houses (multi-dwelling housing) with basement parking, landscaping and associated works at 34-36 Dumaresq Street, Gordon. Pursuant to Section 4.53  of the Environmental Planning and Assessment Act 1979, this consent lapses if the approved works are not physically commenced within five years from the date on which the consent becomes operable.

The conditions in the Development Assessment Report are amended as follows:

 

Delete Condition 104 and the second dot point in Condition 109

 

Schedule B Condition 2 insert (C) amended plans shall be provided to demonstrate access between the basement and the driveway, other parts of the site and the overland flow path will be prevented by walls, fences or other means such as security grills in the basement wall openings. Lockable gates to be provided for maintenance purposes. 

 

Condition 91 – Creation of a floodway restriction – add “ this restriction shall also include a reference to the ongoing maintenance of the overland flow path swale.  This swale is to be maintained by the subject property.

 

Delete Condition 106 – Screening of air-conditioning units.

 

The original Condition 45 is deleted and replaced with Condition 51 .

 

B.    Date of the decision: 16 March, 2020

 

C.    Reason for the decision: The development proposal, subject to conditions is acceptable in terms of the relevant provisions of the EPA Act 1979 and is considered to be in the public interest.

 

D.    How community views were taken into consideration: The application was notified in accordance with the Council’s Community Participation Plan and submissions made by members of the public were considered.

 

Voting: unanimous

 

 

 

KLPP08

8 Lorne Avenue, Killara - change of use for existing heritage listed dwelling house to a 108 place child care centre, including two storeys addition and basement parking within a heritage conservation area

 

File: DA0195/19

Vide: GB.6

 

 

The Panel Advised:

 

A.     Decision

 

The Ku-ring-gai Local Planning Panel, as the consent authority, refuses development consent to DA0195/19 for a change of use of the existing heritage listed dwelling house to a 108 place child care centre, including two storeys addition and basement parking under the heritage listed house on land at 8 Lorne Avenue, Killara in accordance with the reasons for refusal as per the Development Assessment Report.

 

B.    Date of the decision: 16 March, 2020

 

C.    Reason for the decision: The development proposal is unsatisfactory with regard to the relevant provisions of s.4.15 of the EP & A Act 1979 and would not be in the public interest.

 

D.    How community views were taken into consideration: The application was notified in accordance with the Council’s Community Participation Plan and submissions made by members of the public were considered.

 

Voting: Unanimous

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Meeting closed at 4.57pm

 

The Minutes of the Ku-ring-gai Local Planning Panel Meeting held on 16 March 2020 (Pages 1 - 13) were confirmed as a full and accurate record of proceedings by Kevin Hoffman on

18 March 2020.

 

 

Chairperson