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Local Planning Panel

 

MINUTES OF MEETING

Thursday, 19 April 2018

 

COMMITTEE MEMBERSHIP

 

 

Participants:

Ms Sue Francis (Chairperson)

Ms Juliet Grant (Expert Panel Member)

Mr John Brockhoff (Expert Panel Member)

Ms Annette Ruhotas (Community Representative)

 

 

Additional Invitees:

Meryl Bishop (Director Environment and Planning)

Michael Alexander (Acting Manager Development and Building)

Tony Ristevski (Team Leader Development Assessment)

Paul Croft (Traffic Engineer)

Cathy Mercer (Team Leader DA Administration)

Monica Wernej (DA Admin Assistant)

 

 

 

1.                APOLOGIES AND DECLARATIONS OF PECUNIARY INTEREST

 

There were no apologies received

 

 

Annette Ruhotas declared an interest in Items LPP007-18 and LPP008-18 Lot 22 and 23, 23 Bay Road Oatley due to her previous association with an objector (Oatley Flora and Fauna Conservation Society Inc), left the meeting and did not partake in any deliberation or determination of these items.

 

2.                PUBLIC SPEAKERS

 

The meeting commenced at 4.00pm and at the invitation of the Chair, registered speakers were invited to address the panel on the items listed below.

 

The public speakers concluded at 5.55pm and the LPP Panel proceeded into Closed Session to deliberate the items listed below.

 

3.                GEORGES RIVER LOCAL PLANNING PANEL REPORTS

 

LPP005-18        25-27 Heath Road Blakehurst

(Report by Senior Development Assessment Planner)

 

The Panel visited the site prior to the meeting.

 

Speaker:

 

          ●       Jennifer Hill (objector)

          ●       Wendy Skelsey (objector)

          ●       Helena Kyriacou (objector)

          ●       Tom Heal (on behalf of applicant)

          ●       Julie Horder (on behalf of applicant)

 

Voting of the Panel Members:

 

The decision of the Panel was unanimous.

 

Determination

 

Approval

The Georges River Council LPP as the delegate of the Georges River Council determines Development Application No. 2017/0290 for construction of 2-3 storey child care centre for 145 children at 25-27 Heath Road, Blakehurst, by granting consent to the application subject to the ‘without prejudice’ draft conditions provided to the Panel the LPP meeting of 19 April 2018 with the addition of the following condition:

 

1.            The Plan of Management is amended to state no drop off or collection of children between the hours of 8.45am-9.15am during school days.

 

Statement of Reasons

1.         The Panel is aware of the local residents’ concerns in relation to traffic impact, but is aware that the time of concern is primarily limited to the morning peak.  Accordingly, with the proposed amended condition, the Panel considers this issue is reasonably addressed.

2.         The development generally complies with Kogarah LEP 2012 and Kogarah DCP Part 4D – Child Care Centres.

3.         The co-location of a child care centre in the vicinity of the school is a preferred location.

4.         The proposed onsite parking of 38 spaces and drop off/pick up arrangements are satisfactory for a development of this size.

5.         It is a well designed child care facility that meets the needs of the local community.

 

 

LPP006-18        69 Gray Street Kogarah

(Report by Senior Development Assessment Planner)

 

The Panel visited the site prior to the meeting.

 

Speaker:

 

          ●       Philip Von Huben (objector)

          ●       Daryl Burge-Lopez (objector)

          ●       Gerard Turisi (on behalf of applicant)

 

Voting of the Panel Members:

 

The decision of the Panel was unanimous.

 

Determination

 

Approval

The Georges River Council LPP as the delegate of the Georges River Council determines Development Application No. 2017/0276 for demolition of existing structures and construction of a five storey boarding house containing 43 rooms and basement parking at 69 Gray Street, Kogarah, by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 19 April 2018 except;

 

1.      Amend condition 2(b) to read as follows:

 

2(b)     The communal outdoor terrace at the western end of level 2 be reduced in width to 1.5m and the non-trafficable roof increased by 1.5m.

 

Statement of Reasons

1.            The Panel has noted objectors concerns related to noise and privacy in relation to level 2 common room at the rear of the property and as a result has included a condition to limit the size of the terrace and thus the activity able to occur on it.  In addition, the landscaping can be retained on level 2.

2.            The proposed development provides housing within a medium density residential environment in accordance with the applicable zone objectives.

3.            The proposed development, subject to the recommended conditions, is consistent with the objectives of the applicable environmental planning instruments, being SEPP 55 – Remediation of Land, SEPP (Affordable Rental Housing) 2009, and Kogarah Local Environmental Plan 2012.

4.            The proposed development is consistent with the objectives of the applicable development control plan, being Kogarah DCP 2013.

5.            The proposed development does not preclude the re-development of other adjoining sites within the desired amalgamation pattern.

6.            The proposed development is considered to be of an appropriate scale and form for the site and the character of the locality.

7.            On balance, the proposed tree removal is acceptable in that it is required to facilitate a reasonable building footprint so the site can be re-development in accordance with the applicable planning controls. 

8.            In consideration of the aforementioned reasons, the proposed development is a suitable response to the site and its approval is in the public interest. 

 

 

LPP007-18        Lot 22, 23 Bay Road Oatley

(Report by Senior Development Assessment Planner)

 

The Panel visited the site prior to the meeting.

 

Speaker:

 

          ●       Nathan Wilcox (objector)

          ●       Heide Fisher (objector)

          ●       Elizabeth Cameron(objector)

          ●       Lu Liao (on behalf of applicant)

          ●       Holly Duan (on behalf of applicant)

          ●       Sue Wylie (on behalf of applicant)

 

Voting of the Panel Members:

 

Annette Ruhotas was absent. The decision of the remaining Panel members was unanimous.

 

Determination

 

Deferral

The Georges River Council LPP as the delegate of the Georges River Council defers determination of Development Application No.  2017/0197 for demolition of existing dwelling and construction of two-three storey dwelling at Lot 22, 23 Bay Road, Oatley, and invites the applicant to submit the following:

 

1.            An updated survey that shows all trees on the site and adjoining properties including a detailed schedule of all trees, their species, size and health.

2.            An ecologist report to define the environmental values of the native trees and habitat on the site.

3.            A report prepared by a suitably qualified arborist that significant trees on adjacent properties are identified and their condition and their retention considered as a result of excavation and construction.

4.            A geotechnical report is prepared to identify the following:

-  nature of the substratum

-  ability of the substratum to support the proposed development

-  the impact of the excavation and construction on any trees proposed to be retained

-  excavation methods to ensure stability and protection of adjoining sites, buildings and trees.

 

Statement of Reasons

1.            The Panel is concerned with the suitability of the site to  accommodate the nature of the excavation and the proposed development in a manner which does not detrimentally impact the quality of the natural environment, its ecology and the physical impact on adjoining properties.

2.            Accordingly, the Panel deferred the matter for greater detailed evidence to address matters identified in Point 1.

3.            The Panel notes that the form of proposed construction involving significant excavation may not be suitable in this location and that perhaps an alternate construction methodology and design may be appropriate.

 

 

LPP008-18        Lot 23, 23 Bay Road Oatley

(Report by Senior Development Assessment Planner)

 

The Panel visited the site prior to the meeting.

 

Speaker:

 

          ●       Nathan Wilcox (objector)

          ●       Elizabeth Cameron(objector)

          ●       Lu Liao (on behalf of applicant)

          ●       Holly Duan (on behalf of applicant)

          ●       Sue Wylie (on behalf of applicant)

 

Voting of the Panel Members:

 

Annette Ruhotas was absent. The decision of the remaining Panel members was unanimous.

 

Determination

 

Deferral

The Georges River Council LPP as the delegate of the Georges River Council defers determination of Development Application No.  2017/0198 for demolition of existing dwelling and construction of two-three storey dwelling at Lot 23, 23 Bay Road, Oatley, and invites the applicant to submit the following:

 

1.         An updated survey that shows all trees on the site and adjoining properties including a detailed schedule of all trees, their species, size and health.

2.         An ecologist report to define the environmental values of the native trees and habitat on the site.

3.         A report prepared by a suitably qualified arborist that significant trees on adjacent properties are identified and their condition and their retention considered as a result of excavation and construction.

4.         A geotechnical report is prepared to identify the following:

-  nature of the substratum

-  ability of the substratum to support the proposed development

-  the impact of the excavation and construction on any trees proposed to be retained

-  excavation methods to ensure stability and protection of adjoining sites, buildings and trees.

 

Statement of Reasons

1.         The Panel is concerned with the suitability of the site to  accommodate the nature of the excavation and the proposed development in a manner which does not detrimentally impact the quality of the natural environment, its ecology and the physical impact on adjoining properties.

2.         Accordingly, the Panel deferred the matter for greater detailed evidence to address matters identified in Point 1.

3.         The Panel notes that the form of proposed construction involving significant excavation may not be suitable in this location and that perhaps an alternate construction methodology and design may be appropriate.

 

 

LPP009-18        27-33 Nielson Avenue Carlton

(Report by Coordinator Development Assessment)

 

The Panel visited the site prior to the meeting.

 

Speaker:

 

          ●       Branka Cardenas (objector)

          ●       Jim Apostolou (on behalf of applicant)

          ●       Matt Devlin (on behalf of applicant)

 

Voting of the Panel Members:

 

The decision of the Panel was unanimous.

 

Determination

 

Approval

The Georges River Council LPP as the delegate of the Georges River Council determines Development Application No. 212/2016 for demolition of existing dwellings and the construction of a 5 storey residential flat building comprising 40 units and basement parking at 27-33 Nielson Avenue, Carlton, by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 19 April 2018.

 

Statement of Reasons

1.         The Panel has confirmed that the reasons for deferral were satisfied.

 

2.         The Clause 4.6 variation seeking to vary the height control is reasonable in the circumstances of the case and there are sufficient environmental planning grounds to justify the variation.

 

3.         The proposed development is consistent with the objectives of the zone and the relevant environmental planning instruments applying to the development

 

4.         The proposed development will have no unacceptable adverse impacts on the natural or built environments

 

 

 

4.                CONFIRMATION OF MINUTES

 

The meeting concluded at 7.15pm.

 

                                                             

 

Sue Francis

Chairperson

 

Juliet Grant

Expert Panel Member

 

 

 

John Brockhoff

Expert Panel Member

 

Annette Ruhotas

Community Representative