Local Planning Panel


Thursday, 15 November 2018

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Georges River Civic Centre







Panel Members:


Mr Adam Seton (Chairperson)

Mr John Brockhoff (Expert Panel Member)

Mr Michael Leavey (Expert Panel Member)

Mr George Vardas (Community Representative)




Council Staff:


Meryl Bishop (Director Environment and Planning)

Ryan Cole (Manager Development and Building)

Nicole Askew (Coordinator Development Assessment)

Cathy Mercer (Team Leader DA Administration)

Monica Wernej (DA Admin Assistant)






There were no apologies received



There were no declarations of Pecuniary Interest or any other conflicts of interest.



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 4.42pm and the LPP Panel proceeded into Closed Session to deliberate the items listed below.




LPP052-18        198-200 Princes Highway Kogarah Bay

(Report by Senior Development Assessment Planner)


The Panel carried out an inspection of the site and nearby locality.




          ●       Tasso Condous (objector)

          ●       Leesha Payor on behalf of John Totterdell (objector)

          ●       Leesha Payor

          ●       Charles Tang (designer)

          ●       Rod Logan (town planner)


Voting of the Panel Members

The decision of the Panel was unanimous.





The determination of Development Application No. DA2017/0655 for the demolition of existing structures and construction of a 6 storey residential flat building containing 22 apartments, basement car parking for 40 vehicles and associated landscaping and site works at 198-200 Princes Highway, Kogarah Bay, is deferred for the applicant to submit the following:


1.         Further information from a qualified traffic expert to confirm the sight distances available for vehicle drivers when entering and exiting the basement car park and confirmation that those sight distances are in accordance with Austroads ‘Guide to Traffic Engineering Practice, Part 5 Intersections at Grade, Section 6.2 – Sight Distance and AS2890’. This relates to sight lines to and from the vehicular crossings to pedestrians, cyclists, and general traffic.


2.         Details of proposed mechanical ventilation having regard to the recommendations of the noise impact assessment, which requires windows along the Princes Highway, the north eastern façade and the south western façade to have their windows closed in order to meet acoustic requirements.  All mechanical ventilation is to meet the requirements of Australian Standard AS1668.2 - Mechanical ventilation for acceptable indoor air quality.  Details should also be provided of how the ventilation is to be accommodated within the floor to ceiling heights as well as the location of the plant.  A section plan showing the typical details of the ventilation proposed between the floor to ceiling needs to be provided.


3.         Consistent floor and elevation plans showing the window proposed for Bedroom 2 and any privacy treatment relating to that window in Units 4.02 and 4.03 are to be provided.


The matter is to be referred back to the Panel for electronic determination within 60 days.



LPP053-18        51 Elwin Street Peakhurst

(Report by Development Assessment Officer)


The Panel carried out an inspection of the site and nearby locality.



No speakers registered for this item.


Voting of the Panel Members

The decision of the Panel was unanimous.





Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2018/0143 for the proposed Torrens title subdivision of an existing allotment into two new lots including the use of the Right Of Carriageway and associated easement for drainage and services over the adjoining land known as 53 and 55 at 51 Elwin Street, Peakhurst, is determined by granting deferred commencement consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 15 November 2018 except delete all of the words prior to “Section B” and insert instead:



This is a “Deferred Commencement” consent that is granted subject to conditions under Section 4.16(3) of the Environmental Planning and Assessment Act 1979 that the consent is not to operate until the person with the benefit of this consent satisfies Georges River Council (“Council”) as to the matters set out in SCHEDULE A below.  The period within which the applicant must produce evidence to the Council sufficient enough to enable it to be satisfied as to the matters in SCHEDULE A is thirty six (36) months from the date this deferred consent is granted.


If the person with the benefit of this consent produces evidence to the Council within the period specified sufficient to enable the Council to be satisfied as to the matter set out in SCHEDULE A and the Council notifies the person in writing that it is satisfied as to the relevant matters, the development consent shall become operative subject to compliance with conditions outlined in SCHEDULE B.


Should the required information not be provided in the time period nominated above, the deferred commencement consent shall lapse.



A.      A Right Of Carriageway for pedestrian and vehicular access together with an easement for services are to be obtained from the adjoining allotment at 53 Elwin Street (Lot A DP362196) and 55 Elwin Street (Lot B DP362196) Peakhurst.


B.      The passing bay is to be shown as a part of the Right Of Carriageway and is to benefit 53 Elwin Street (Lot A DP362196) and 55 Elwin Street (Lot B DP 362196).




Statement of Reasons


·        The proposed development complies with the requirements of the relevant environmental planning instruments and development control plan including Clause 6.4 of Hurstville Local Environmental Plan 2012.

·        The proposed development is considered to be appropriate for the site and the character of the locality. Subject to the implementation of the recommended conditions, the development will have no unacceptable adverse impacts upon the natural or built environment.

·        In consideration of the aforementioned reasons, the proposed development is a suitable and planned use of the site and its approval is in the public interest.








The meeting concluded at 5.17pm.




Adam Seton



John Brockhoff

Expert Panel Member





Michael Leavey

Expert Panel Member


George Vardas

Community Representative