Ku-ring-gai Local Planning Panel Meeting
TO
BE HELD ON Monday, 15 September 2025 AT 10:00 AM
BY ZOOM CONFERENCING
This meeting will be live streamed – click on the link below at 12:30pm
on 15 September 2025 to watch the live stream
Items GB.1, GB.2 and GB.3 will be determined off line as these items do not fit the criteria for a public meeting (are not contentious – do not have more than 10 objectors). All items will be determined and published on Council’s website after 48 hours of the closing of the determination meeting.
IMPORTANT
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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
DECLARATIONS OF INTEREST
GENERAL BUSINESS
GB.1 Planning Proposal for 15 Echo Street Roseville 5
File: S14893
To refer the Planning Proposal for 15 Echo Street, Roseville to the KLPP for advice as required by the Local Planning Panels Direction – Planning Proposals issued by the Minister for Planning under Section 9.1 of the Environmental Planning and Assessment Act 1979.
Recommendation:
That the KLPP advise Council that the Planning Proposal should proceed to Gateway Determination subject to confirmation that the Site Contamination Assessment satisfies the requirements for a Preliminary Site Investigation as set out in the relevant State guidelines.
GB.2 139A Koola Avenue East Killara - Alterations and additions to an existing dwelling house 244
File: EDA0259/25
Alterations and additions to an existing dwelling house.
PURSUANT TO SECTION 4.16(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979
A. THAT the Ku-ring-gai Local Planning Panel, exercising the functions of Ku-ring-gai Council, as the consent authority, pursuant to Section 4.16 of the Environment Planning and Assessment Act 1979, is satisfied that the request submitted under Clause 4.6 to vary the maximum floor space ratio development standard in Clause 4.4(2D) of the KLEP 2015 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 or 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, exercising the functions of Ku-ring-gai Council, as the consent authority, pursuant to Section 4.16 of the Environment Planning and Assessment Act 1979, is satisfied that the request submitted under Clause 4.6 to vary the maximum building height development standard in Clause 4.3(2) of the KLEP 2015 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 or unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify the variation to the development standard.
C. THAT the Ku-ring-gai Local Planning Panel, exercising the functions of Ku-ring-gai Council, as the consent authority, pursuant to Section 4.16 of the Environment Planning and Assessment Act 1979, being satisfied that the proposed development would be in the public interest, grant development consent to eDA0259/25 for alterations and additions to an existing dwelling house at 139A Koola Avenue, East Killara, subject to conditions as recommended in the Development Assessment Report (Attachment A1). 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.
GB.3 3-5 Alma Street, Pymble - Demolition of existing swimming pool and tennis courts and alterations and additions to the existing dwelling, construction of 9 independent living units and change of use of the existing heritage listed dwelling 345
File: EDA0253/25
Demolition of existing swimming pool and tennis courts and alterations and additions to the existing dwelling, construction of 9 independent living units and change of use of the existing heritage listed dwelling.
THAT the Ku-ring-gai Local Planning Panel, exercising the functions of Ku-ring-gai Council as consent authority under Section 4.16 of the Environment Planning and Assessment Act 1979, refuse development consent to No eDA0253/25 for demolition of existing swimming pool and tennis courts with alterations and additions to the existing dwelling, construction of 9 independent living units and change of use of the existing heritage listed dwelling at 3-5 Alma Street, Pymble, for the reasons provided in the Development Assessment Report (Attachment A1).
GB.4 11 Jefferson Avenue, St Ives - Demolition of existing structures and construction of independent living units 515
File: EDA0184/25
Demolition of existing structures and construction of 10 independent seniors living units.
THAT the Ku-ring-gai Local Planning Panel, exercising the functions of Ku-ring-gai Council as consent authority under Section 4.16 of the Environment Planning and Assessment Act 1979, refuse development consent to DA No. eDA0184/25 for demolition of existing structures and construction of 10 independent seniors living units at 11 Jefferson Avenue, St Ives, for the reasons provided in the Development Assessment Report (Attachment A1).
GB.5 130 Killeaton Street, St Ives - Demolition of existing structures and construction of a residential flat building consisting of 37 apartments over seven storeys with basement parking 617
File: EDA0170/25
Demolition of existing structures and construction of a residential flat building consisting of 37 apartments over seven storeys, with basement parking.
THAT the Ku-ring-gai Local Planning Panel, exercising the functions of Ku-ring-gai Council as consent authority under Section 4.16 of the Environment Planning and Assessment Act 1979, refuse development consent to No eDA0170/25 for demolition of existing structures and construction of a residential flat building consisting of 37 apartments over seven storeys with basement parking at 130 Killeaton Street, St Ives, for the reasons provided in the Development Assessment Report (Attachment A1).
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Ku-ring-gai Local Planning Panel Meeting - 15 September 2025 |
GB.1 / 1 |
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Item GB.1 |
S14893 |
Planning Proposal for 15 Echo Street Roseville
EXECUTIVE SUMMARY
Purpose of Report
To refer the Planning Proposal for 15 Echo Street, Roseville to the KLPP for advice as required by the Local Planning Panels Direction – Planning Proposals issued by the Minister for Planning under Section 9.1 of the Environmental Planning and Assessment Act 1979.
Background
Site Description
No. 15 Echo Street, Roseville, is legally described as Lot 6 in DP 14906 and has a total area of 758.8 m2. The site has an east-west orientation with a depth of 33.53 metres and a frontage of 19.2 metres to Echo Street, which is a cul-de-sac. The north-western corner of the site is a splayed edge of 5.17 metres. The site survey is provided as Attachment A2.
The site slopes down from the east to the west (street end). A tennis court built on a concrete slab covers the majority of the site. Its eastern edge is cut into the site, and a sandstone wall and brick piers support the western end. Along the eastern or rear boundary of the site is a high sandstone rock wall with trees above. The tennis court is bounded along its north, south, and west boundaries by a chain wire fence with gates in both the northern and southern sections of the fence.
The southern boundary of the subject site adjoins No. 11 Echo Street, Roseville; a 1-2 storey brick dwelling exists at this site, and the pool and northern verandah associated with this dwelling extend onto the subject site. The north boundary of the site opens onto an unformed footway which is adjacent to the Roseville Golf Course.
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Aerial photo showing the site and surrounds |
The survey for the site references that Lot 6 is affected by a Covenant created by Transfer A860041 and an Easement created by Transfer R347157. The Covenant was imposed on 19 September 1922 when the land was sold to William Clarke of Willoughby Quarryman, and it prohibited him from quarrying stone from the property. The Easement established on 5 July 1979 was between Harold Goldstien of 11 Echo Street and Roseville Golf Links Limited. The Easement provided the Transferee (the Roseville Golf Club) and its licencees the full right to enter Lot 6 to retrieve golf balls mis-hit in the course of an ordinary game. The Easement specified that no fence could be erected on Lot 6 without the provision of an unlocked gate.
The Covenant and the Easement are not of a nature that would impede the assessment of the current planning proposal or inhibit the potential for the site to be used for residential purposes.
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Looking north towards the cul-de-sac end of Echo Street |
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No. 11 Echo Street, Roseville with the site and tennis court fence visible in background |
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Looking south-east across the site. The white lower residence is the dwelling at 11 Echo Street. |
The north-western corner of the tennis court showing the unformed footway between the site and Roseville Golf Course. |
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Looking east towards the site, the built-up platform established for the tennis court is visible |
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Site Context: Existing infrastructure in proximity to No. 15 Echo Street, Roseville |
Comments
The Planning Proposal seeks to amend the Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015) to rezone the site from RE2 Private Recreation to R2 Low Density Residential. The site lies between the Roseville Golf Course, which is also zoned RE2 Private Recreation, and the dwelling house located at No. 11 Echo Street, Roseville, which, like the surrounding residential development, is zoned R2 Low Density Residential.
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The subject site is currently zoned RE2 Private Recreation. The proposal seeks an R2 Low-Density Residential zoning |
In addition to the rezoning, the Planning Proposal seeks to apply the development standards shown in the table below. These standards apply to the existing R2 Low-Density Residential land surrounding the subject site.
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KLEP 2015 – Zoning and Development Standards – 15 Echo Street, Roseville |
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Existing |
Proposed |
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Zoning |
RE2 Private Recreation |
R2 Low-Density Residential |
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Minimum Lot Size |
Nil |
790sqm |
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Height |
Nil |
9.5m |
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Floor Space Ratio |
Nil |
0.3:1 |
The subject site has an area of 758.8m2. The Planning Proposal seeks to apply a minimum subdivision lot size of 790m2, which means the site, if re-zoned, will remain a single allotment (refer to the section of this report titled Site-Specific Merit for a discussion on the implications of the NSW Government's Low to Mid-rise and dual occupancy provisions).
It must be noted that, despite any mapped FSR, Clause 4.4(2A) of the KLEP 2015 provides a sliding scale for the calculation of FSR for a building in the R2 Low-Density Residential zone. Under this clause, for sites with areas of 800 m2 or less, an FSR of 0.4:1 applies.
Chronology of Assessment
A pre-lodgement meeting was held on 27 August 2024 (Attachment A6). The Planning Proposal was submitted on the Planning Portal on 2 May 2025. The Planning Proposal was incomplete. Revised information was submitted on 15 July 2025. Following the payment of fees, the Planning Proposal was formally lodged and assessment commenced on 30 July 2025.
Merit Assessment
A Planning Proposal is not a Development Application and does not consider the specific detailed matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. A Planning Proposal only relates to an LEP amendment and cannot be tied to a specific development.
A Planning Proposal must demonstrate the site-specific and strategic merit of the proposed amendments. The NSW Government’s publication Local Environmental Plan Making Guideline (August 2023) outlines the criteria to be used for assessing the site-specific and strategic merit of a planning proposal.
The Planning Proposal and Appendices are included in Attachments A1-A6.
Site-Specific Merit Assessment
The NSW Local Environmental Plan Making Guideline (August 2023) specifies that to assess site-specific merit, consideration must be given to how the proposal impacts:
· The natural environment on the site to which the proposal relates and other affected land (including known significant environmental areas, resources, or hazards);
· Existing uses, approved uses, and likely future uses of the land in the vicinity of the land to which the proposal relates; and,
· Services and infrastructure that are or will be available to meet the demands arising from the proposal.
An assessment of the proposal’s site-specific merit against the relevant criteria is provided below.
Natural Environment
As part of the rezoning proposal, Martens Environmental Science and Engineering was commissioned to undertake a Site Contamination Assessment of the site (Attachment A3).
Martens undertook a desktop review of available information and, using historic photos, identified that while the site had been in the ownership of Roseville Golf Course it was densely vegetated up until 1961, indicating that it was never part of the actively managed golf course. Around 1961, the site was developed as a tennis court associated with the residence at No. 11 Echo Street, Roseville.
Council’s Contaminated Land Policy, (October 2024), requires that to proceed with a planning proposal a Preliminary Site Investigation Report for the land must conclude the land is suitable for the proposed zone.
The requirements for a Preliminary Site Investigation Report are set out in the following two applicable documents:
· Contaminated Sites Guidelines for Consultants Reporting on Contaminated Sites (Office of Environment and Heritage 2011); and
· Contaminated Land Planning Guidelines (Draft – NSW Government.)
While Marten’s assessment appears to satisfy the form of a Preliminary Site Investigation Report, they will be asked to confirm this in a re-submit of their report, prior to the matter being submitted to the Department for Gateway. To address Marten’s recommendation for an Unexpected Finds Protocol, the site has been recorded in Council’s information system as contaminated land ensuring that prior to any site works the exact nature of the fill on the site is established and dealt with appropriately.
In addition to the Site Contamination Assessment, an Arboricultural Impact Assessment prepared by New Leaf Pty Ltd was submitted with the planning proposal (Attachment A4). The report assessed twenty trees within and adjacent to the site. This included 6 on the subject property, 8 in neighbouring properties (six in Roseville Golf Course, and two in Niblick Avenue), and 6 in the council road reserve. The assessment acknowledged that the rezoning application does not propose or require any works that will impact trees. However, New Leaf based its evaluation on indicative development plans prepared by Spiral Architects Lab (Attachment A5). These plans were prepared to demonstrate a dwelling could be erected on the site, in full compliance with Council’s controls. Using the drawings from Spiral Architects, New Leaf concluded the following:
Future development will allow for the retention of the majority of trees on the site and adjacent land, with likely removal of two trees in the Council verge to allow for future driveway access.
New Leaf also noted that the re-zoning has the potential to increase canopy coverage and deep soil provision on the site due to the removal of the tennis court.
Further to the work undertaken by the consultants Martens and New Leaf, a check was undertaken of both State and Local Government mapping to identify if the site and surrounds were subject to any potential hazards, such as flooding or bushfire, or constraints, such as heritage, critical habitat, or biodiversity. No relevant hazards or constraints were identified.
Existing uses, approved uses, and likely future uses of the land
Under the zoning RE2 Private Recreation, outdoor recreation facilities are permissible but not dwelling houses. As previously discussed, the site is currently being used as an extension of the outdoor living space of No. 11 Echo Street. Under the proposed R2 Low-Density Residential zoning, a dwelling house is a permissible use, and an application could be lodged to erect a dwelling on the site.
In the interest of demonstrating that an R2 Low-Density Residential zoning would be suitable for the site, the applicant provided design drawings to show that a single dwelling could be accommodated on the site in compliance with Council’s relevant controls.
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Indicative ground floor plan: 4 bedroom dwg. |
Indicative first floor plan: 4 bedroom dwelling |
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Indicative design showing ability to conform with relevant Council controls |
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Indicative design showing ability to conform with relevant Council controls |
The above design is indicative only; however, it does demonstrate that the site’s regular rectangular shape, gentle slope, and perimeter site trees (due to tennis court and pool) would aid in facilitating a development that complied with Council controls and limited impacts on No. 11 Echo Street and the environment.
Low and Mid-Rise Housing Policy – Dual Occupancy
The site is not identified on the NSW Government’s Low to Mid-rise indicative map, but if rezoned, it will be subject to the NSW Government’s legislation enabling dual occupancy in all R2 Low Density Residential zones. However, the subject site has an area of 758.8m2 and Council has sought to restrict dual occupancy outside of the Low to Mid Rise areas to sites with an area of 1015m2 or above.
While dual occupancy may not be possible on the site, there is the potential for the applicant to pursue a secondary dwelling. Under KLEP 2015, secondary dwellings are permitted in R2 low-density residential zones as long as they are established in conjunction with a principal dwelling, are on the same lot of land as the principal dwelling, and do not exceed in area whichever of the following is greater -
a) 60 square metres,
b) 25% of the total floor area of the principal dwelling.
Infrastructure
The Planning Proposal seeks to rezone the land to permit future low-density residential use on the land. A single dwelling house equates to approximately 2.6 additional residents (ABS Census data for NSW average household size within the Roseville area). There is also potential for a secondary dwelling to be accommodated on site, but even considering this, the proposed increase in population resulting from the proposal will be minor. Adding approximately 5 people into the area is a population increase which can be comfortably absorbed by the existing roads, water, sewer, and electricity infrastructure. It is noted that the site is within close proximity to employment zones, shops, public transit, educational establishments, and public open space.
Bus stops within 400m walking distance of the site along Babbage Road to the east are serviced by bus routes 260, 270, 271, 273, 274, 278, 279, 280, 281, 283, and 284. These stops provide regular bus service to the Sydney CBD (Wynyard) with a travel time of approximately 26 minutes and to Chatswood CBD with a travel time of approximately 16 minutes.
Conclusion – Site Specific Merit Assessment
The proposal’s site-specific merit has been assessed against the criteria established by the NSW Government. The natural environment of the site and surrounds, the existing and likely future uses of the site, and the capacity of existing infrastructure to service the demands resulting from the proposal are all matters that have been evaluated.
The re-zoning of the site to facilitate low-density residential development is considered an appropriate outcome for the site. The proposal is assessed as having site-specific merit.
Strategic Merit Assessment
A proposal must be aligned with the NSW strategic planning framework and current government policy for it to be assessed as having strategic merit. The proposal’s consistency with the relevant State and Local strategic plans is considered below.
Greater Sydney Region Plan and North District Plan (2018)
The Planning Proposal is consistent with the objectives of the Greater Sydney Region Plan – A Metropolis of Three Cities, in particular:
· Objective 10. Greater housing supply
· Objective 11. Housing is more diverse and affordable
The Planning Proposal is consistent with the planning priorities of the North District Plan, in particular:
· Planning Priority N5. Providing housing supply, choice and affordability, with access to jobs, services and public transport
Ku-ring-gai Local Strategic Planning Statement (2020)
The Planning Proposal is consistent with the following local planning priorities:
· K3. Providing housing close to transport, services and facilities to meet the existing and future requirements of a growing and changing community
· K4. Providing a range of diverse housing to accommodate the changing structure of families and households, and enable ageing in place
· K12. Managing change and growth in a way that conserves and enhances Ku-ring-gai’s unique visual and landscape character
· K31. Increasing, managing and protecting Ku-ring-gai’s urban tree canopy
Section 9.1 Ministerial Directions and State Environmental Planning Policies (SEPPs)
The Planning Proposal is consistent with the State Environmental Planning Policies (SEPPs) applicable to the site. Many of these SEPPs contain detailed provisions and controls which would only apply at the Development Application stage.
The Planning Proposal is consistent with the applicable s9.1 Ministerial Direction, specifically:
· 3.1 Residential Zones, and
· 5.1 Integrating Land Use and Transport.
Conclusion – Strategic Merit Assessment
The Planning Proposal is aligned with the NSW strategic planning framework, including Council’s Local Strategic Planning Statement and it gives effect to the NSW Government’s current priority of increasing housing provision. The proposal is assessed as having Strategic Merit.
Amendments required to the Planning Proposal
The Planning Proposal is minor and is well supported by the applicant’s planning proposal and supporting technical documents. Additionally, the Planning Proposal is in accordance with the requirements of the NSW Government’s Local Environmental Plan Making Guideline (August 2023) and therefore no amendments are required to the Planning Proposal.
integrated planning and reporting
Theme 3: Places, Spaces and Infrastructure
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Community Strategic Plan (2035) Long Term Outcome |
Delivery Program Term Achievement |
Operational Plan Action |
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U1-Facilitate a diverse mix of housing options to accommodate the needs of a growing and changing population, including increased density in appropriate locations. |
P2.1.1: Land use strategies, plans and processes are in place to protect existing character and effectively manage the impact of new development. |
P2.1.1.2 Continue to review the effectiveness of existing strategies, local environmental plans, development controls plans and processes across all programs
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Governance Matters
The process for the preparation and implementation of Planning Proposals is governed by the provisions contained in the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2021.
Local Planning Panel’s Direction – Planning Proposals issued by the Minister for Planning under Section 9.1 of the Environmental Planning and Assessment Act 1979 requires Council to refer all Planning Proposals prepared after 1 June 2018 to the Local Planning Panel for advice, before the Planning Proposal is forwarded to the Minister for a Gateway Determination.
Risk Implication statement
The primary risk associated with the recommendation/s contained in this report is related to Environment.
There are no material risks that arise from the recommendations contained in this report. Minor issues may occur, but these can be managed within Council’s current policies, procedures, resources and budget.
Financial Considerations
The Planning Proposal was subject to the relevant application fee under Councils 2024/2025 Schedule of Fees and Charges. The fee covers the cost of the review and assessment of the Planning Proposal
Social Considerations
The amendments sought by the Planning Proposal would enable the delivery of one additional low-density residential lot. This would provide the potential for an additional dwelling house and possibly a secondary dwelling. Additional housing is required to meet the needs of a growing and changing community.
Environmental Considerations
The main environmental concern for the site is the potential for contaminated fill. For a discussion of this matter refer to the section of this report titled Site Specific Assessment – Natural Environment. The Environmental Science and Engineering consultant Martens are to be requested to confirm their Site Contamination Assessment satisfies the requirements for a Preliminary Site Investigation.
Altering the zoning of the site from RE2 Private Recreation to R2 Low Density Residential will facilitate the removal of the tennis court and pool on the site, which has the potential to increase deep soil provision and tree canopy.
Community Consultation
The Planning Proposal has not been subject to community consultation. In the event that the Planning Proposal is issued a Gateway Determination by the Department of Planning, Housing and Infrastructure, the Planning Proposal would be placed on statutory public exhibition in accordance with the requirements of the Gateway Determination and Council’s community participation plan.
Internal Consultation
Relevant Council staff were consulted during the preparation of this report. No objections were raised to the planning proposal.
Summary
A Planning Proposal has been submitted for 15 Echo Street, Roseville, which seeks to make the following amendments to the Ku-ring-gai Local Environmental Plan 2015:
· Rezone from RE2 Public Recreation to R2 Low Density Residential;
· Apply a minimum lot size development standard of 790sqm;
· Apply a height development standard of 9.5m; and,
· Apply a floor space development standard of 0.3:1.
The Planning Proposal has been assessed and found to have sufficient site-specific and strategic merit to recommend it proceed to Gateway Determination and public exhibition.
The Ku-ring-gai Local Planning Panel advise Council that:
A. The Planning Proposal, as documented at Attachment A1-A6, be submitted to the Department of Planning, Housing and Infrastructure for a Gateway Determination subject to the proponent re-submitting an amended Site Contamination Assessment (Attachment A3) that satisfies the requirements for a Preliminary Site Investigation as set out in the following two documents:
· Contaminated Sites Guidelines for Consultants Reporting on Contaminated Sites (Office of Environment and Heritage 2011);and
· Contaminated Land Planning Guidelines (Draft – NSW Government).
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Philippa Hayes Strategic Planner Heritage |
Craige Wyse Team Leader Urban Planning |
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Antony Fabbro Manager Urban & Heritage Planning |
Andrew Watson Director Strategy & Environment |
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Attachments: |
A1 |
Planning Proposal 15 Echo Street |
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2025/280692 |
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A2 |
Survey Plan |
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2025/280696 |
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A3 |
Site Contamination Assessment |
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2025/280702 |
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A4 |
Arboricultural Impact Assessment |
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2025/280703 |
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A5 |
Urban Design Architectural Plans |
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2025/280706 |
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A6 |
Pre-lodgement Consultation Council & Scoping Proposal |
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2025/280708 |
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Ku-ring-gai Local Planning Panel Meeting - 15 September 2025 |
GB.2 / 1 |
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Item GB.2 |
EDA0259/25 |
development application
Summary Sheet
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139A Koola Avenue East Killara - Alterations and additions to an existing dwelling house |
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ITEM/AGENDA NO: |
GB.2 |
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Application No: |
eDA0259/25 |
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ADDRESS: |
139A Koola Avenue, East Killara |
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Ward: |
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description of proposal: |
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Applicant: |
Andre Wyzenbeek |
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Owner: |
Mr A Wyzenbeek, Mrs AM Wyzenbeek |
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Date Lodged: |
2 June 2025 |
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submissions: |
1 |
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assessment officer: |
Susteni Fonmudeh |
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Recommendation: |
Approval |
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KLPP referral criterion: |
Greater than 10% departure from a development standard. |
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Purpose of Report
To determine Development Application No eDA0259/25 for 139A Koola Avenue, East Killara.
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 departure from development standards in excess of 10%.
PURSUANT TO SECTION 4.16(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979
A. THAT the Ku-ring-gai Local Planning Panel, exercising the functions of Ku-ring-gai Council, as the consent authority, pursuant to Section 4.16 of the Environment Planning and Assessment Act 1979, is satisfied that the request submitted under Clause 4.6 to vary the maximum floor space ratio development standard in Clause 4.4(2D) of the KLEP 2015 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 or 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, exercising the functions of Ku-ring-gai Council, as the consent authority, pursuant to Section 4.16 of the Environment Planning and Assessment Act 1979, is satisfied that the request submitted under Clause 4.6 to vary the maximum building height development standard in Clause 4.3(2) of the KLEP 2015 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 or unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify the variation to the development standard.
C. THAT the Ku-ring-gai Local Planning Panel, exercising the functions of Ku-ring-gai Council, as the consent authority, pursuant to Section 4.16 of the Environment Planning and Assessment Act 1979, being satisfied that the proposed development would be in the public interest, grant development consent to eDA0259/25 for alterations and additions to an existing dwelling house at 139A Koola Avenue, East Killara, subject to conditions as recommended in the Development Assessment Report (Attachment A1). 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.
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Susteni Fonmudeh Development Assessment Officer |
Luke Donovan Acting Team Leader |
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Shaun Garland Manager Development Assessment Services |
Michael Miocic Director Development & Regulation |
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Attachments: |
A1 |
Development Assessment Report |
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2025/264546 |
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A2 |
Location Sketch |
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2025/269236 |
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A3 |
Zoning Sketch |
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2025/269230 |
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A4 |
Architectural, Stormwater and Landscape Plans |
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2025/276133 |
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A5 |
Survey Plan |
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2025/161853 |
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A6 |
Clause 4.6 variation request – Floor Space Ratio |
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2025/276144 |
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A7 |
Clause 4.6 Variation Request – Building Height |
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2025/276146 |
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Ku-ring-gai Local Planning Panel Meeting - 15 September 2025 |
GB.3 / 1 |
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Item GB.3 |
EDA0253/25 |
development application
Summary Sheet
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Report title: |
3-5 Alma Street, Pymble - Demolition of existing swimming pool and tennis courts and alterations and additions to the existing dwelling, construction of 9 independent living units and change of use of the existing heritage listed dwelling |
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ITEM/AGENDA NO: |
GB.3 |
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Application No: |
eDA0253/25 |
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ADDRESS: |
3-5 Alma Street, Pymble. |
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Ward: |
St Ives |
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description of proposal: |
Demolition of existing swimming pool and tennis courts and alterations and additions to the existing dwelling, construction of 9 independent living units and change of use of the existing heritage listed dwelling. |
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Applicant: |
Ali Ghafari |
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Owner: |
S Bakhtiari, A Ghafari |
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Date Lodged: |
28 May 2025 |
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submissions: |
2 submissions |
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assessment officer: |
Brodee Gregory |
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Recommendation: |
Refusal |
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KLPP referral criterion: |
Sensitive development proposing partial demolition of a heritage item which results in more than a minimal impact on the integrity of the item. |
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Purpose of Report
To determine Development Application No eDA0253/25 for demolition of existing swimming pool and tennis courts and alterations and additions to the existing dwelling, construction of 9 independent living units and change of use of the existing heritage listed dwelling at 3-5 Alma Street, Pymble.
This application is reported to the Ku-ring-gai Local Planning Panel in accordance with the Minister’s section 9.1 Local Planning Panels Direction, as it is considered sensitive development proposing partial demolition of a heritage item which results in more than a minimal impact on the integrity of the item.
RECOMMENDATION
THAT the Ku-ring-gai Local Planning Panel, exercising the functions of Ku-ring-gai Council as consent authority under Section 4.16 of the Environment Planning and Assessment Act 1979, refuse development consent to No eDA0253/25 for demolition of existing swimming pool and tennis courts with alterations and additions to the existing dwelling, construction of 9 independent living units and change of use of the existing heritage listed dwelling at 3-5 Alma Street, Pymble, for the reasons provided in the Development Assessment Report (Attachment A1).
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Brodee Gregory Executive Assessment Officer |
Selwyn Segall Team Leader - Development Assessment |
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Shaun Garland Manager Development Assessment Services |
Michael Miocic Director Development & Regulation |
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Attachments: |
A1 |
Development Assessment Report |
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2025/277210 |
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A2 |
Location Sketch |
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2025/278671 |
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A3 |
Zoning Sketch |
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2025/278672 |
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A4 |
Architectural Plans |
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2025/172342 |
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A5 |
Landscape Plans |
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2025/212976 |
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A6 |
Stormwater Plans |
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2025/172389 |
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A7 |
Heritage Impact Statement |
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2025/172374 |
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Ku-ring-gai Local Planning Panel Meeting - 15 September 2025 |
GB.4 / 1 |
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Item GB.4 |
EDA0184/25 |
development application
Summary Sheet
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Report title: |
11 Jefferson Avenue, St Ives - Demolition of existing structures and construction of independent living units |
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ITEM/AGENDA NO: |
GB.4 |
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Application No: |
eDA0184/25 |
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ADDRESS: |
11 Jefferson Avenue, St Ives |
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Ward: |
St Ives |
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description of proposal: |
Demolition of existing structures and construction of 10 independent seniors living units |
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Applicant: |
Minto Planning Services |
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Owner: |
Mr O Stusenko, Mrs L Nikolsky |
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Date Lodged: |
23 April 2025 |
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submissions: |
27 |
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assessment officer: |
Brodee Gregory |
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Recommendation: |
Refusal |
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KLPP referral criterion: |
Sensitive development and to which the ADG apply and contentious development that has received 10 or more unique submissions |
w
Purpose of Report
To determine Development Application No eDA0184/25, for demolition of existing structures and construction of 10 independent seniors living units at 11 Jefferson Avenue, St Ives.
This application is reported to the Ku-ring-gai Local Planning Panel in accordance with the Minister’s Section 9.1 Local Planning Panels Direction, as it:
a) is sensitive
development to which Chapter
4 (Design of Residential Apartment Development) of SEPP (Housing) 2021 applies and
b) is contentious development that has received 10 or more unique submissions by way of objection.
THAT the Ku-ring-gai Local Planning Panel, exercising the functions of Ku-ring-gai Council as consent authority under Section 4.16 of the Environment Planning and Assessment Act 1979, refuse development consent to DA No. eDA0184/25 for demolition of existing structures and construction of 10 independent seniors living units at 11 Jefferson Avenue, St Ives, for the reasons provided in the Development Assessment Report (Attachment A1).
|
Brodee Gregory Executive Assessment Officer |
Selwyn Segall Team Leader - Development Assessment |
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Shaun Garland Manager Development Assessment Services |
Michael Miocic Director Development & Regulation |
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Attachments: |
A1 |
Development Assessment Report |
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2025/221350 |
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A2 |
Location Sketch |
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2025/244619 |
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A3 |
Zoning Sketch |
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2025/244622 |
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A4 |
Architectural Plans |
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2025/109398 |
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A5 |
Landscape Plans |
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2025/109426 |
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A6 |
Stormwater Plans |
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2025/109423 |
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Ku-ring-gai Local Planning Panel Meeting - 15 September 2025 |
GB.5 / 1 |
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Item GB.5 |
EDA0170/25 |
development application
Summary Sheet
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Report title: |
130 Killeaton Street, St Ives - Demolition of existing structures and construction of a residential flat building consisting of 37 apartments over seven storeys with basement parking |
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ITEM/AGENDA NO: |
GB.5 |
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Application No: |
eDA0170/25 |
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ADDRESS: |
130 Killeaton Street, St Ives |
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Ward: |
St Ives |
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description of proposal: |
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Applicant: |
AHG Homebush Pty Ltd |
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Owner: |
AHG Homebush Pty Ltd |
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Date Lodged: |
14 April 2025 |
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submissions: |
34 submissions |
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assessment officer: |
Peggy Wong |
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Recommendation: |
Refusal |
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KLPP referral criterion: |
Sensitive development and to which the ADG applies and contentious development that received 10 or more unique submissions |
w
Purpose of Report
To determine Development Application No. eDA0170/25 for demolition of existing structures and construction of a residential flat building consisting of 37 apartments over seven storeys, with basement parking at 130 Killeaton Street, St Ives.
This application is reported to the Ku-ring-gai Local Planning Panel in accordance with the Minister’s Section 9.1 Local Planning Panels Direction, as it:
(a) is sensitive development to which Chapter 4 (Design of Residential Apartment Development) of SEPP (Housing) 2021 applies and
(b) is contentious development that received 10 or more unique submissions by way of objection in accordance with the Minister’s S 9.1 Local Planning Panels Direction.
THAT the Ku-ring-gai Local Planning Panel, exercising the functions of Ku-ring-gai Council as consent authority under Section 4.16 of the Environment Planning and Assessment Act 1979, refuse development consent to No eDA0170/25 for demolition of existing structures and construction of a residential flat building consisting of 37 apartments over seven storeys with basement parking at 130 Killeaton Street, St Ives, for the reasons provided in the Development Assessment Report (Attachment A1).
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Peggy Wong Executive Assessment Officer |
Selwyn Segall Team Leader - Development Assessment |
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Shaun Garland Manager Development Assessment Services |
Michael Miocic Director Development & Regulation |
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Attachments: |
A1 |
Development Assessment Report |
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2025/187515 |
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A2 |
Location Sketch |
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2025/273072 |
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A3 |
Zoning Sketch |
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2025/273074 |
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A4 |
Architectural Plans |
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2025/287501 |
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A5 |
Landscape Plans |
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2025/104731 |
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A6 |
Stormwater Plans |
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2025/104736 |
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A7 |
Clause 4.6 Variation Request |
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2025/104727 |