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The Panel Advised:
Decision
A. The
Ku-ring-gai Local Planning Panel, as the consent authority, is of the opinion
that the requests submitted under clause 4.6 to vary the clause 40(3) site
frontage development standard and clause 40(4)(c) height of buildings within
the rear 25% development standards have both met the requirements of clause
4.6(3). The Panel is also of the opinion that strict compliance with the
development standards is unreasonable and unnecessary in the circumstances of
the case and that there are sufficient environmental planning grounds to
justify the variations to the development standards.
B. The
Ku-ring-gai Local Planning Panel, as the consent authority, being satisfied
that the proposed development satisfies the matters for consideration under
Section 4.15 of the Environmental Planning and Assessment Act, grants
development consent to DA0342/19, with the amendments to the recommended
conditions and plans below, to demolish existing structures and construct a
seniors living development comprising 18 units, basement parking, landscaping
and associated works pursuant to State Environmental Planning Policy (Housing
for Seniors or People With a Disability) 2004 at 102, 104 Bannockburn Road, 2
Reely Street, Pymble and 83 Bobbin Head Road, Turramurra, subject to
conditions as per the Development Assessment 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 five years of the date of the Notice of Determination.
Condition
3 Amend architectural
plans
Dot point
2 added to read:
Built
privacy treatment or screens (excluding planting) are to be provided for all
balconies and openings on:
·
the northern
elevation of Units 1.01 and 1.02
·
the western
elevation of Unit G08; and
·
the eastern
elevation of Unit G.09
at a minimum
height of 1.6m to preclude the overlooking of adjacent properties.
Where
screening is provided to the planter box it shall be located on the northern
edge for Units 1.01 to allow maintenance to the plants.
Dot Point
3 added to read:
·
In order to limit
the speed of vehicles leaving the site to Bannockburn Road and to enhance
pedestrian safety, a speed hump shall be provided on the proposed access
driveway 6m inside the property boundary.
Dot Point
4 added to read:
·
Three x existing
trees located on the Bannockburn Road nature strip between the approved
driveway for the site and the driveway at 100 Bannockburn Road
Condition 8 Dilapidation survey and report
(private property)
Add additional property 98 Bannockburn
Road, Turramurra.
Condition
9 Construction
traffic management report
Change the
heading to “Detailed Construction Traffic Management Plan”.
Add “The
detailed construction management plan to include full site fencing that
restricts pedestrian and vehicular access to the site from the Bannockburn Rd
and Reely Street frontages”.
Remove and
replace Condition 25 to read:
25. Amendments to
approved landscape plans
Prior
to the issue of any Construction Certificate, the Certifier shall be
satisfied that the approved landscape plan(s), listed below and endorsed with
Council’s stamp, have been amended in accordance with the requirements
of this condition as well as other conditions of this Development Consent:
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Plan no.
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Drawn by
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Dated
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Sheet 3 Master Plan (rev E)
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Taylor Brammer
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06/05/2020
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Sheet 4 Planting plan (rev E)
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Taylor Brammer
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06/05/2020
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Sheet 5 Finishes and Levels (rev D)
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Taylor Brammer
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30/04/2020
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Sheet 6 Tree Retention and Removal (rev D)
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Taylor Brammer
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30/04/2020
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Sheet 9 BASIX Landscape Compliance Plan (rev B)
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Taylor Brammer
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06/05/2020
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The
above landscape plan(s) shall be amended as follows:
- To provide
clear sight lines for vehicular traffic exiting the site the proposed
planting of a tree on the Bannockburn Rd nature strip shall be deleted.
- To provide clear sight lines for vehicular traffic
exiting the site the 3 x existing trees located on the Bannockburn Road
nature strip between the approved driveway for the site and the driveway
at 100 Bannockburn Road are to be indicated for removal.
- The 3 x
Calodendron capense (Cape Chestnut) on the western side of Unit G.05 are
to be replaced with 3 x Syncarpia glomulifera (Turpentine).
- The 4 x Waterhousia floribunda (Weeping Lillypilly)
on the southern boundary adjacent to the driveway are to be replaced
with 4 x Elaeocarpus reticulatus (Blueberry Ash).
- Planting to a minimum height of 1 metre shall be
indicated in the planter boxes on the northern side of unit 1.01
Prior
to the issue of any Construction Certificate, the Certifier shall be satisfied
that the landscape plan has been amended as required by this condition.
An
amended plan, prepared by a landscape architect or qualified landscape
designer shall be submitted to the Certifier.
Reason:
To ensure safety, neighbour and streetscape amenity are maintained.
Condition
41 Design of works in
public road (Roads Act approval)
Amend item
(iii) as follows;
(iii)
To provide clear sight lines for vehicular traffic exiting the site the 3 x
existing trees located on the Bannockburn Road nature strip between the
approved driveway for the site and the driveway at 100 Bannockburn Road are
to be shown for removal.
Condition
70 Approved tree
works
Table to be
amended as follows;
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Tree/s
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Approved tree works
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Trees 2, 4,
5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 20, 21, 24, 26, 27, 28, 37,
38, 41, 45, 47, 48, 49, 50, 55.
Three (3) x
existing trees located on the Bannockburn Road nature strip between the
approved driveway for the site and the driveway at 100 Bannockburn Road
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Remove
Remove
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Condition
to be inserted
Condition 15A Trees on nature strip
Removal
and pruning of the following tree/s from Council's nature strip shall be
undertaken at no cost to Council by an experienced tree removal contractor
and or arborist holding public liability insurance amounting to a minimum
cover of $20,000,000. All pruning works shall be undertaken by an experienced
arborist/horticulturist, within a minimum AQF Level 3 qualification as
specified in the current version of AS 4373 – Pruning of amenity trees.
:
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Tree/location
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Three (3) x
existing trees located on the Bannockburn Road nature strip between the
approved driveway for the site and the driveway at 100 Bannockburn Road
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Reason:
To protect existing trees.
C. Date
of the decision : 17
August, 2020
D. Reason
for the decision: The
Panel considered the applicant’s written submission and is satisfied
that it addresses the required matters in Section 4.6 (4) and (5) and that
there is adequate justification to vary Clauses 40(3) and 40 (4)(C) in State
Environmental Planning Policy (Housing for Seniors or People with a
Disability) 2004.
The
development proposal, subject to conditions, is acceptable in terms of the
relevant provisions of the Environmental Planning and Assessment Act 1979 and
meets the matters for consideration in Section 4.15 of the Environmental
Planning and Assessment Act 1979.
E. How
community views were taken into consideration: The
application was notified in accordance with the Ku-ring-gai Development
Control Plan and Council’s Community Participation Plan and submissions
made by members of the public were considered, and the Panel heard from all
the community members that wished to address the Panel.
Voting: The
decision of the Ku-ring-gai Local Planning Panel was by majority decision 3:2
with Jacqueline Townsend and Michael Leavey voting for the decision, James
Colman and Elaine Malicki voting against and the Chair Jacqueline Townsend
used her casting vote.
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