Agenda of Ku-ring-gai Local Planning Panel Meeting

Ku-ring-gai Local Planning Panel Meeting

TO BE HELD ON Monday, 8 April 2024 AT 12:30pm
BY ZOOM CONFERENCING

This meeting will be live streamed – click on the link below at 12:30pm

on 8 April 2024 to watch the live stream

Please note: Only items with more than 10 submitters(in objection) form part of the public meeting. Item GB.4 – 20 Avon Road, Pymble will be involved in the Public meeting.

Items GB.1, GB.2 and GB.3 will be determined on the day, however, will not be part of the public meeting. The decision on all items will be published on the website within 48 hours of the close of the public meeting.

https://www.krg.nsw.gov.au/Council/Council-meetings/Ku-ring-gai-Local-Planning-Panel-KLPP-meetings/Ku-ring-gai-Local-Planning-Panel-meetings-live-stream

Disclaimer

Ku-ring-gai Local Planning Panel Meetings and COVID-19

In line with social distancing requirements to limit the spread of the COVID-19 virus, Ku-ring-gai Local Planning Panel meetings may be held using conferencing technology (until further notice).

Meetings will be webcast and members of the public can watch and listen to meetings live via Ku-ring-gai Council’s website. If you are an owner, applicant, architect or submitter to the Development Application you may register to speak. Please see our Register to Speak page.

IMPORTANT

Any persons speaking at a Local Planning Panel meeting, are advised that their voice and personal information (including name and address) will be recorded as part of the meeting and made publicly available on Council’s website via live stream and on-demand access (except any part of the meeting that is held in closed session). Accordingly, you must ensure that your address to the Panel is respectful and that you use appropriate language and refrain from making any defamatory statements or discriminatory comments.

Ku-ring-gai Council does not accept any liability for statements, comments or actions taken by individuals during a meeting of Ku-ring-gai Local Planning Panel. People connecting to this meeting by conferencing technology are reminded that under the Local Government Act 1993, the recording of meetings by a member of the public using any electronic recording device, including a mobile phone or video camera, is not permitted. Any person found recording without the permission of Council may be expelled from the meeting.-

Agenda

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NOTE: For Full Details, See Council’s Website –

www.krg.nsw.gov.au under the link to business papers

APOLOGIEs

DECLARATIONS OF INTEREST

GENERAL BUSINESS

GB.1 17 Blenheim Road, Lindfield - Alterations and additions to a dwelling house, including a Clause 4.6 variation 4

File: eDA0009/23

RECOMMENDATION

Approval

GB.2 35 Grosvenor Street and 38 Junction Road, Wahroonga - Modification of consent to DA0149/18 proposing to remove deferred commencement condition and internal and external changes to the approved Seniors Housing development 189

File: eMOD0024/23

Recommendation:

Approval

GB.3 8 Bingara Street, West Pymble - Torrens Title Subdivision of one lot into two lots and conversion of the existing detached dual occupancy into two single dwellings. 374

File: EDA0035/23

RECOMMENDATION

Approval

GB.4 20 Avon Road, Pymble - Increase the enrolment capacity of Pymble Ladies College to 2550 students 458

File: eDA0041/23

RECOMMENDATION

Approval (Deferred Commencement Consent)

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Ku-ring-gai Local Planning Panel Meeting - 8 April 2024	GB.1 / 1

Item GB.1	EDA0009/23

development application

Summary Sheet

Report title:	17 Blenheim Road, Lindfield - Alterations and additions to a dwelling house, including a Clause 4.6 variation
ITEM/AGENDA NO:	GB.1

Application No:	eDA0009/23
ADDRESS:	17 Blenheim Road, Lindfield
Ward:	Roseville
description of proposal:	Alterations and additions to a dwelling house, including a Clause 4.6 variation
Applicant:	Rocco Calo
Owner:	Mrs JR Calo, Mr R Calo
Date Lodged:	30 October 2023
submissions:	No
assessment officer:	Natalie Lawrie
Recommendation:	Approve

KLPP referral criterion:

The application is reported to the Ku-ring-gai Local Planning Panel for determine in accordance with the Minister’s Section 9.1 Local Planning Panels Direction, as it proposes a greater than 10% departure from a development standard.

Purpose of Report

To determine Development Application No eDA0009/23 for 17 Blenheim Road, Lindfield.

RECOMMENDATION

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

A. THAT 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 floor space ratio development standard under Clause 4.4 (2a) of Ku-ring-gai Local Environment Plan 2015 has met the requirements of Clause 4.6(3) of Ku-ring-gai Local Environment Plan. 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.

B. THAT the Ku-ring-gai Local Planning Panel, as the consent authority, being satisfied that the proposed development would be in the public interest, grant development consent to eDA0009/23, subject to conditions contained in the Development Assessment Report (Attachment 1). 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.

Natalie Lawrie

Development Assessment Officer

Selwyn Segall

Team Leader - Development Assessment

Shaun Garland

Manager Development Assessment Services

Michael Miocic

Director Development & Regulation

Attachments:	A1 ⇩	Development Assessment Report	2024/005429
	A2 ⇩	Clause 4.6 Variation Request	2023/351474
	A3 ⇩	Architectural Plans	2024/014413
	A4 ⇩	Stormwater Plans	2024/014415
	A5 ⇩	Heritage Impact Statement	2024/098296
	A6 ⇩	Arboricultural Impact Assessment Report	2024/014450
	A7 ⇩	BASIX Certificate	2024/014483
	A8 ⇩	Waste Managemewnt Plan	2024/014487

ATTACHMENT No: 1 - Development Assessment Report

Item No: GB.1

ATTACHMENT No: 5 - Heritage Impact Statement

Item No: GB.1

Ku-ring-gai Local Planning Panel Meeting - 8 April 2024	GB.2 / 1

Item GB.2	EMOD0024/23

Modification application

Summary Sheet

Report title:	35 Grosvenor Street and 38 Junction Road, Wahroonga - Modification of consent to DA0149/18 proposing to remove deferred commencement condition and internal and external changes to the approved Seniors Housing development
ITEM/AGENDA NO:	GB.2

Application No:	eMOD0024/23
ADDRESS:	35 Grosvenor Street and 38 Junction Road, Wahroonga
Ward:	Wahroonga
description of proposal:	Modification of consent to DA0149/18 proposing to remove deferred commencement condition and internal and external changes to the approved Seniors Housing development
Applicant:	Projectvision Consulting Pty Ltd
Owner:	Wahroonga Crown Pty Ltd
Date Lodged:	20 November 2023
submissions:	No submissions received
assessment officer:	Brodee Gregory
Recommendation:	Approval

KLPP referral criterion:

Section 4.55(2) application which proposes amendments to a condition of development consent recommended in the Council assessment report but which was amended by the Panel

Purpose of Report

To determine Modification Application No eMOD0024/23 proposing to remove deferred commencement condition and internal and external changes to the approved Seniors Housing development.

This application is reported to the Ku-ring-gai Local Planning Panel for determination in accordance with the Minister’s Section 9.1 Local Planning Panels Direction. This is because the application is for a Section 4.55(2) modification of a development consent granted by the Panel that proposes amendments to a condition of development consent recommended in the Council development assessment report but which was amended by the Panel.

RECOMMENDATION

THAT the Ku-ring-gai Local Planning Panel, as the consent authority, being satisfied that the proposed modification satisfies Section 4.55(2) and (3) and Section 4.15(1) of the Environmental Planning and Assessment Act 1979 and will be in the public interest, modifies the development consent to DA0149/18 to remove the deferred commencement condition; and internal and external changes to the approved Seniors Housing development, at 35 Grosvenor Street and 38 Junction Road, Wahroonga, subject to the recommended conditions as per the of Development Assessment (Modification) Report (Attachment A1).

Brodee Gregory

Executive Assessment Officer

Amy Ayling

Team Leader

Shaun Garland

Manager Development Assessment Services

Michael Miocic

Director Development & Regulation

Attachments:	A1⇩	Development Assessment (Modification) Report	2024/055799
	A2⇩	Location Sketch	2024/075814
	A3⇩	Zoning Sketch	2024/075815
	A4⇩	eMOD0024/23 - Architectural plans	2024/074678
	A5⇩	eMOD0024/23 - Landscape plans	2024/074680
	A6⇩	eMOD0024/23 - Stormwater plans	2024/074681
	A7⇩	eMOD0024/23 - Work as Executed plans	2024/083637
	A8⇩	DA0149/18 - KLPP Resolution	2019/145193
	A9 ⇩	DA0149/18 - Assessment report	2019/129581
	A10 ⇩	DA0149/18 - DA approved Architectural plans - Part 1	2024/031554
	A11 ⇩	DA0148/19 - DA approved architectural plans - Part 2	2024/031555
	A12 ⇩	DA0149/18 - DA approved Stormwater plans	2019/167833

ATTACHMENT No: 1 - Development Assessment (Modification) Report

Item No: GB.2

ATTACHMENT No: 9 - DA0149/18 - Assessment report

Item No: GB.2

Ku-ring-gai Local Planning Panel Meeting - 8 April 2024	GB.3 / 1

Item GB.3	EDA0035/23

development application

Summary Sheet

Report title:	8 Bingara Street, West Pymble - Torrens Title Subdivision of one lot into two lots and conversion of the existing detached dual occupancy into two single dwellings.
ITEM/AGENDA NO:	GB.3

Application No:	eDA0035/23
ADDRESS:	8 Bingara Street, West Pymble
Ward:	Comenarra
description of proposal:	Torrens title subdivision of a detached dual occupancy into two lots
Applicant:	Minto Planning Services Pty Ltd
Owner:	Mr H Ebrahimi, Mrs F Ebrahimi
Date Lodged:	7 November 2023
submissions:	None
assessment officer:	Brent Pearce
Recommendation:	Approval

KLPP referral criterion:

Departure from a development standard in excess of 10%.

Purpose of Report

To determine Development Application No. eDA0035/23 for Torrens title subdivision of a detached dual occupancy into two lots.

This application is reported to the Ku-ring-gai Local Planning Panel for determination in accordance with the Minister’s Section 9.1 Local Planning Panels Direction as it proposes a greater than 10% departure from a development standard.

RECOMMENDATION

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

A. THAT 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 Clause 4.1(3) minimum lot size, Clause 4.1(3A) minimum lot width and Clause 4.4 maximum FSR development standards within Ku ring gai Local Environmental Plan 2015 have met the requirements of Clause 4.6(3). The Panel is also of the opinion that strict compliance with the development standards are 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. THAT the Ku-ring-gai Local Planning Panel, as the consent authority, being satisfied that the proposed development would be in the public interest, grant development consent to eDA0035/23 for Torrens title subdivision of a detached dual occupancy into two lots at 8 Bingara Street, West Pymble, subject to the conditions contained in the attached Development Assessment Report (Attachment 1). 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.

Brent Pearce

Executive Assessment Officer

Selwyn Segall

Team Leader - Development Assessment

Shaun Garland

Manager Development Assessment Services

Michael Miocic

Director Development & Regulation

Attachments:	A1⇩	Development Assessment Report	2024/056378
	A2⇩	Zoning Sketch	2024/082105
	A3⇩	Location Sketch	2024/082104
	A4⇩	Draft Subdivision Plan	2023/367925
	A5⇩	Draft Section 88B Instrument	2023/367922
	A6⇩	Draft Deposited Plan Adminitration Sheet	2023/367920
	A7⇩	Statement of Environmental Effects	2023/367928
	A8⇩	Amended Clause 4.6 (FSR)	2024/075133
	A9⇩	Amended Clause 4.6 (Lot size and Width)	2024/075134

Ku-ring-gai Local Planning Panel Meeting - 8 April 2024	GB.4 / 1

Item GB.4	EDA0041/23

development application

Summary Sheet

Report title:	20 Avon Road, Pymble - Increase the enrolment capacity of Pymble Ladies College to 2550 students
ITEM/AGENDA NO:	GB.4

Application No:	eDA0041/23
ADDRESS:	20 Avon Road, Pymble
Ward:	Comenarra
description of proposal:	Increase the enrolment capacity of Pymble Ladies College to 2550 students
Applicant:	Pymble Ladies College Trust
Owner:	Pymble Ladies College Property Limited
Date Lodged:	22 November 2023
submissions:	22
assessment officer:	Luke Donovan
Recommendation:	Approval (Deferrred Commencement Consent)

KLPP referral criterion:

Contentious development in respect of which 10 or more unique submissions, by way of objection, have been received.

Purpose of Report

To determine Development Application No eDA0041/23 which proposes to increase the enrolment capacity of Pymble Ladies College to 2550 students.

This application is reported to the Ku-ring-gai Local Planning Panel for determination in accordance with the Minister’s section 9.1 Local Planning Panels Direction as it is contentious development in respect of which 10 or more unique submissions, by way of objection, have been received.

RECOMMENDATION

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

THAT the Ku-ring-gai Local Planning Panel, as the consent authority, being satisfied that the proposed development would be in the public interest, grant deferred commencement development consent to eDA0041/23 to increase the enrolment capacity of Pymble Ladies College to 2550 students at 20 Avon Road, Pymble, subject to the Deferred Commencement terms and conditions, recommended in the Development Assessment Report (Attachment A1). 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 five years from the date on which the consent becomes operable.

Luke Donovan

Executive Assessment Officer

Jonathan Goodwill

Team Leader Development Assessment

Shaun Garland

Manager Development Assessment Services

Michael Miocic

Director Development & Regulation

Attachments:	A1⇩	Development Assessment Report	2024/061160
	A2⇩	Zoning Sketch	2024/081817
	A3⇩	Location Sketch	2024/081816
	A4⇩	Statement of Environmental Effects	2023/388895
	A5⇩	Response to Submissions	2024/085128
	A6⇩	Conditions of Consent - Grey House Precinct	2024/086854

ATTACHMENT No: 6 - Conditions of Consent - Grey House Precinct

Item No: GB.4