Minute                                            Ku-ring-gai Council                                                Page

MINUTES OF Ku-ring-gai Local Planning Panel Meeting
HELD ON Monday, 21 September 2020

Present:	Chairperson (Jacqueline Townsend) Expert Panel Member (Gerard Turrisi) Expert Panel Member (Michael Leavey) Community Member (Suzanne Jolly)
Staff Present:	Director Development & Regulation (Michael Miocic) Development Assessment Services Manager (Shaun Garland) Planning Panels Coordinator (Kerry Frair)
Others Present:	Team Leader – Development Assessment (Adam Richardson) Executive Assessment Officer (Scott McInnes) Team Leader – Development Assessment (Selwyn Segal) Executive Assessment Officer (Stuart Ratcliff) Team Leader – Development Assessment (Jonathan Goodwill) Senior Development Assessment Officer (Susan Brown) Team Leader – Engineering Assessment (Brian O’Connell) Senior Development Engineer (Ross Guerrera) Senior Landscape Development Officer (Geoff Bird) Senior Landscape Development Officer (Robyn Askew) Senior Landscape Development Officer (Fiona Ambrosino) Heritage Advisor (Leona Goldstein) External Consultant (Peter Smith) External Consultant (Kerry Gordon) Heritage Planner Specialist – Strategy & Environment (Vanessa Holtham) Manager Urban & Heritage Planning – Strategy & Environment (Antony Fabbro)

The Meeting commenced at 12:30pm

ADDRESSES TO THE PANEL – all addresses to the Panel were via Zoom conferencing.

GB.4 – 39-41 Babbage Road, Roseville Chase

            John Koster

            Roy Kwan

            Vicken Hovasapian

Geoffrey Krieger

Anthony Arruzza

Mark Alves

GB.5 – 1A and 1-3 Corona Avenue, Roseville

            Jose McCormick

Frank Walker

Pablo Schaffner

The meeting closed at 1.24pm

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.

Michael Leavey declared an interest on item GB.5 – 1A and 1-3 Corona Avenue, Roseville. Michael Leavey was not present for the briefing and the determination of item GB.5.

GENERAL BUSINESS

KLPP18

34 Billyard Avenue, Wahroonga - Landscaping works including tree removal and construction of retaining walls - Heritage Item within Heritage Conservation Area File: DA0076/20 Vide: GB.1

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 DA0076/20 for Landscaping works including tree removal and construction of retaining walls - Heritage Item within Heritage Conservation Area at 34 Billyard Avenue, Wahroonga, subject to the conditions in the development assessment report. 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 of the date of the Notice of Determination. B. The date of the decision: 21 September 2020 C. The Reasons for the decision:  The development proposal, subject to conditions, is acceptable in terms of the relevant provisions of the Environmental Planning and Assessment Act 1979 and is considered to be in the public interest. D. How community views were taken into account in making the decision:  The application was notified in accordance with the Council’s Community Participation Plan and no submissions were received. Voting:   Unanimous

KLPP19

1 Garden Square, Gordon - Partial demolition, alterations and additions, landscaping works and adaptive re-use as a place of public worship associated with the Gordon Baptist Church - heritage item in heritage conservation area File: DA0420/19 Vide: GB.2

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 DA0420/19 for the partial demolition, alterations and additions, landscaping works and adaptive re-use as a place of public worship associated with the Gordon Baptist Church - heritage item in heritage conservation area at 1 Garden Square, Gordon subject to the conditions in the development assessment report, and the following additional conditions. REPLACE CONDITION 84 WITH THE FOLLOWING AMENDED CONDITION: 84.     Lighting All external lighting must: 1.   Comply with AS/NZS 4282:2019: Control of the obtrusive effects of outdoor lighting and 2.   Be mounted, screened and directed in a way that it does not create a nuisance or light spill on to buildings on adjoining lots or public places. All internal lighting must: 1. Be mounted, screened and directed in a way that it does not create a nuisance or light spill on to buildings on adjoining lots or public places. Lighting at vehicle access points to the development must be provided in accordance with AS/NZS 1158 Set: 2010 Lighting for roads and public spaces. Reason:       To protect the amenity of surrounding properties. ADD THE FOLLOWING CONDITIONS: 76A.  Plan of management Prior to the issue of an Occupation Certificate a Plan of Management must be submitted to Council and approved to address all operational and management procedures to be employed, to ensure that the place of public worship can operate without unreasonable disturbance to the surrounding locality. The plan must include but not be limited to: · compliance with all operational conditions of this development consent · details of relevant contact people · how complaints are to be addressed · details of hours of operation · program for activities including times used and number of persons at any one time in the outdoor area, meeting rooms and multi-function breakout space to control noise and the use of air conditioning, closed doors and windows for noisy activities which are to be in accordance with the approved acoustic report · incident management including first aid arrangements · car parking · waste management, bin locations Reason: To minimise amenity impacts. 91.       Approved use and car parking At all times the approved use shall operate in conjunction with the church at 20-22 Park Avenue, Gordon. Users of the subject site shall have access to the car spaces at 20-22 Park Avenue, Gordon. Reason:     To ensure that the use operates in accordance with the details provided with the development application and adequate access to car parking is provided at all times. 92.     Compliance with approved Plan of Management At all times the use shall be carried out in accordance with the approved Plan of Management. Reason: To minimise amenity impacts. 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 of the date of the Notice of Determination. B. The date of the decision:  21 September 2020 C. The Reasons for the decision:  The development proposal, subject to conditions, is acceptable in terms of the relevant provisions of the Environmental Planning and Assessment Act 1979 and is considered to be in the public interest. D. How community views were taken into account in making the decision:  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

KLPP20	802 - 808 Pacific Highway, Gordon - Digital Advertising Signage on the southern elevation of the Gordon Pedestrian Bridge File: DA0115/20 Vide: GB.3
	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 deferred commencement consent to DA0115/20 for digital advertising signage on the southern elevation of the Gordon Pedestrian Bridge at 802-808 Pacific Highway, Gordon, subject to conditions in the development assessment report.  Pursuant to Section 4.53 of the Environmental Planning and Assessment Act 1979, this consent lapses if: The deferred commencement terms are not satisfied within 5 years of the date of issue of the deferred commencement consent; and if the approved works are not physically commenced within 5 years from the date on which the consent operates. B. The date of the decision:  21 September 2020 C. The Reasons for the decision The development proposal, subject to conditions, is acceptable in terms of the relevant provisions of the Environmental Planning and Assessment Act 1979 and is considered to be in the public interest. The Panel also notes Council’s records show a previous approval for the erection of two signs on the bridge under Development consent DA0164/19.  The consent remains a valid consent and the consent has not lapsed. D. How community views were taken into account in making the decision: 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
KLPP21	39-41 Babbage Road, Roseville Chase - Demolition of existing structures and construction of 10 Seniors Living Units, including basement parking, landscaping and associated works - State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 File: DA0442/19 Vide: GB.4
	The Panel Resolved: PURSUANT TO SECTION 4.16(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 A. Decision i. The Ku-ring-gai Local Planning Panel, as the consent authority, is of the opinion that the request by MB Town Planning, dated 29 July 2019 submitted under clause 4.6 of the Ku-ring-gai Local Environmental Plan 2015 to vary the Clause 40(4)(c) development standard of the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 has not met the requirements of clause 4.6(3) and fails to demonstrate that compliance with the standards are unreasonable and unnecessary in the circumstances of the case. The request has not identified sufficient environmental planning grounds to justify variations to the standard. As result of this failure supporting the variation would be contrary to the public interest. ii. The Ku-ring-gai Local Planning Panel, as the consent authority, refuses development consent to DA0442/19 for demolition of existing structures and construction of 10 seniors housing units, including basement parking, landscaping and associated works, - State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 on land at 39 Babbage Road Roseville Chase, as shown on plans A0002, A0003, A2000,A2001,A2002,A2003,A2100,A2101,A2102,A3000,A3001,A3002,A3003,A3004,A3100,A3101,A3102,A4006,A4000,A4001,A4002,A4003,A4004,A4005, A500,A501,A3103, dated 12/04/2019 and prepared by Prescott Architects for the reasons contained in the Development Assessment Report (Attachment A1): B. The date of the decision: 21 September 2020 C. The Reasons for the decision:  The development proposal is unsatisfactory with regard to the relevant provisions of s.4.15 of the Environmental Planning and Assessment Act 1979 and would not be in the public interest. The Panel adopts the reasons for refusal as set out in the development assessment report. D. How community views were taken into account in making the decision:  The application was notified in accordance with the Council’s Community Participation Plan and submissions made by members of the public in writing and at the public meeting were considered. Voting: Unanimous

Michael Leavey departed during discussion of GB.5

KLPP22

1A and 1-3 Corona Avenue, Roseville – Demolition of existing structures, tree removal and construction of a new residential flat development comprising 23 units, basement parking and associated works File: DA0300/19 Vide: GB.5

The Panel Resolve: 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 of KLEP (Local Centres) 2012 to vary the height development standard of Clause 4.3(2) is acceptable. The Ku-ring-gai Local Planning 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 development consent to DA0300/19 for the demolition of existing structures, tree removal and the construction of a new residential flat building comprising 23 units, basement parking and associated works, on land at 1-3 Corona Avenue, Roseville, subject to conditions in the development assessment report with the following amendments. 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. iii. Subject to the following amendments The second last paragraph of Condition 11 is to be deleted. First dot point of Condition 11 is to be deleted and replaced with the following dot point: · Construction vehicle routes for approach and departure to the site showing loaded and empty vehicles with limited use of Kings Avenue and Maclaurin Parade. Insert new Condition 25A: Condition 25A.  Balustrade change The south west facing balustrade of the ground floor unit of Building B is to consist of clear glazing for the length as marked in red on the approved plans. The details of compliance with this condition are to be provided to the principal certifier prior to the issue of the Construction Certificate. Reason:  To improve internal amenity. B. Additional Recommendation:  The Panel recommends that Ku-ring-gai Council consider, through its local traffic committee making representations to the NSW State Government regarding traffic movement/phasing issues, specifically at the intersection of Pacific Highway and Maclaurin Parade, Roseville and along the broader Pacific Highway corridor in general. C. The date of the decision:  21 September 2020 D. The reasons for the decision:  The development proposal, subject to conditions, is acceptable in terms of the relevant provisions of the Environmental Planning and Assessment Act 1979 and is considered to be in the public interest. The Panel also notes that the breach in the height control is acceptable on the basis of minimal impact with improved ecological outcomes. E. How community views were taken into account in making the decision:  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 (Michael Leavey was not part of this decision due to his conflict of interest Declaration)

KLPP23	Proposed Heritage Listing of 6 Springdale Road, Killara File: S11660 Vide: GB.6
	To present the proposed heritage listing of 6 Springdale Road Killara on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 to the KLPP for advice.
	The Panel Advised: A. Decision The Ku-ring-gai Local Planning Panel supports the Planning Proposal. B. The date of the decision:  21 September 2020 Voting: Unanimous

The Meeting closed at 2.45pm

The Minutes of the Ku-ring-gai Local Planning Panel Meeting held on 21 September 2020 (Pages 1 - 12) were confirmed as a full and accurate record of proceedings by Jacqueline Townsend on 22 September 2020.

__________________________

Chairperson