Georges River Council – Minutes of Local Planning Panel - Thursday, 21 November 2019

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MINUTES


Local Planning Panel

 

Thursday, 21 November 2019

4.00pm

 

Georges River Civic Centre,

Hurstville

 

 

 

 

 

 

 

 

 

 

Panel Members:

 

Mr Adam Seton (Chairperson)

Mr John Brockhoff (Expert Panel Member)

Mr Michael Leavey (Expert Panel Member)

Mr George Vardas (Community Representative)

 

 

 

1.                APOLOGIES AND DECLARATIONS OF PECUNIARY INTEREST

 

There were no apologies received

 

 

There were no declarations of Pecuniary Interest

 

2.                PUBLIC SPEAKERS

 

The meeting commenced at 4.01pm 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 4.52pm and the LPP Panel proceeded into Closed Session to deliberate the items listed below.

 

3.                GEORGES RIVER LOCAL PLANNING PANEL REPORTS

 

LPP050-19        45 Burgess Street Beverley Park

(Report by Senior Development Assessment Planner)

 

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

                           

Speakers

 

          ●       Paul Hoffmans (submitter)

          ●       Michael Kipriotis (submitter)

          ●       Maria Kipriotis (submitter)

          ●       Leesha Payor (submitter)

 

Voting of the Panel Members

The decision of the Panel was unanimous.

 

Determination

 

Approval

Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2018/0098 for the demolition of existing structures, tree removal and construction of an attached two storey dual occupancy with front fencing and associated landscaping works at 45 Burgess Street, Beverley Park, is determined by granting deferred commencement consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 21 November 2019 except;

 

1.    Change Section A to read as follows:

 

Deferred Commencement

This is a “Deferred Commencement” consent that is granted subject to a condition under Section 4.16(3) of the Environmental Planning and Assessment Act 1979 (“EP&A Act”). This “Deferred Commencement” consent is not to operate until the applicant satisfies Georges River Council (“Council”) as to the matter set out in Section A. The period within which the Applicant must produce evidence to the Council that is sufficient to enable it to be satisfied as to the matter in Section A is 3 years from the date this “Deferred Commencement” consent is granted.

 

If the Applicant produces evidence to the Council within the period specified above that is sufficient to enable the Council to be satisfied as to the matter set out in Section A and the Council notifies the applicant in writing that it is satisfied as to the matter and of the date from which the consent operates, the development consent shall become operative from that date subject to compliance with the conditions set out in Section B.

 

2.    Amend Condition 14 to the following:

 

14.    Required design changes - The following changes are required to be made and shown on the Construction Certificate plans:

 

Landscape Plans

Amended landscape plans are to be submitted with the Construction Certificate plans that reflect the approved plans and the conditions in relation to additional planting listed in this consent.

Architectural Plans

Windows numbered W5, W6 and W15 on the northern elevation and W5, W6 and W13 (bedroom 3) on southern elevation are to contain fixed translucent/obscure glazing or be treated with a fixed privacy screen to a height of 1.6m above the finished floor level so as to prevent views to the adjoining properties.

 

A 1.8m high fixed privacy screen above finished floor level is to be provided to the entire length on the northern elevation of the patio area, in addition to the privacy screen already shown on the southern side.

 

Statement of Reasons

·         The development is permissible in the zone and generally consistent with the objectives of the zone and is fully compliant with the maximum height of building and floor space ratio limits that apply to the site under Kogarah Local Environmental Plan 2012.

·         The bulk and scale of the development is appropriately contained within a generally compliant building envelope that is respectful of the established character of the area in relation to height, street setback and boundary setbacks.

·         Site drainage can be managed if an easement is obtained. Accordingly the Panel considers it appropriate to impose a deferred commencement condition to give the applicant an opportunity to see whether it can acquire an easement for drainage.

·         In relation to the matters of privacy the Panel considers that additional conditions should be imposed to require certain windows to have privacy treatment as set out in the decision.

 

 

LPP051-19        172-174 Railway Parade and 1B Gray Street Kogarah

(Report by Senior Development Assessment Planner)

 

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

 

Speakers

 

          ●       Theo Loucas (applicant)

 

Voting of the Panel Members

The decision of the Panel was unanimous.

 

Determination

 

Deferral

A.           THAT the determination of Development Application No. DA2018/0181 for demolition of existing structure and construction of a twelve (12) storey shop top housing development consisting of fifty two (52) residential apartments, ground floor commercial/retail floor area and three (3) levels of basement car parking at Lot 11 in DP911188 and Lots 2 and 3 in DP1753 and known as 1B Gray Street and 172-174 Railway Parade, Kogarah, be deferred and the applicant shall submit a Remediation Action Plan in accordance with State Environmental Planning Policy 55 – Remediation of Land and the Managing Land Contamination Planning Guidelines within 90 days.

 

B.           The Remedial Action Plan (RAP) must be prepared by an suitably qualified consultant in accordance with NSW Department of Environment and Conservation (DEC) and NSW Environmental Protection Authority (EPA) Guidelines and shall document all the remedial works to be undertaken at the site and also contain an environmental management plan and occupational health and safety plan for the remedial works. 

 

C.           THAT pursuant to Section 2.20(8) of the Environmental Planning and Assessment Act 1979, the Georges River Local Planning Panel delegate the function of determining this application to the Manager Development and Building, subject to A and B above being completed.

 

 

LPP052-19        57-59 Trafalgar Street Peakhurst

(Report by Senior Development Assessment Officer)

 

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

 

Speakers

 

          ●       Connie Han (submitter)

          ●       Bernard Moroz (planner)

          ●       William Karavelas (applicant)

 

Voting of the Panel Members

The decision of the Panel was unanimous.

 

Determination

 

Deferral

Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2018/0285 for the demolition works and construction of a 4 storey residential flat building containing 14 units, 21 car parking spaces and site and landscaping works at 57-59 Trafalgar Street, Peakhurst, be deferred and invites the applicant to submit the following;

 

1.    Information in relation to site isolation in accordance with the Hurstville Development Control Plan.

 

2.    Amended plans having regard to the fact that the current plans are based on an incorrect assumption about the setback of the adjoining building at 61-65 Trafalgar Street Peakhurst.

 

3.    Additional information dealing with the issues raised in the assessment report.

 

The matter is to be referred back to a Panel public meeting for determination within 90 days.

 

 

LPP053-19        268 Carrington Avenue Hurstville

(Report by Development Assessment Planner)

 

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

 

Speakers

 

No speakers registered for this item.

 

Voting of the Panel Members

The decision of the Panel was unanimous.

 

Determination

 

Approval

A.         The Panel is satisfied that:

 

1.      The applicant’s written request under Clause 4.6 of the Hurstville Local Environmental Plan 2012 seeking to justify a contravention of Clause 4.1 Minimum subdivision lot size development standard has adequately addressed and demonstrated that:

 

(a)        Compliance with the standard is unreasonable or unnecessary in the circumstances of the case; and

(b)        There are sufficient environmental planning grounds to justify the contravention.

 

2.      The proposed development will be in the public interest because it is consistent with the objectives of the standards and the objectives for development within the zone in which the development is proposed to be carried out.

 

B.        Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2018/0573 for the demolition of all structures, boundary adjustment and construction of two semi-detached dwellings at 268 Carrington Avenue, Hurstville, is determined by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 21 November 2019.

 

Statement of Reasons

·           The request to vary the development standard in relation to the minimum subdivision lot size is well founded and worthy of support;

·           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; and

·           In consideration of the aforementioned reasons, the proposed development is a suitable and planned use of the site and its approval is not inconsistent with the public interest.

 

 

LPP054-19        37 Plimsoll Street Sans Souci

(Report by Development Assessment Planner)

 

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

 

Speakers

 

          ●       Tina Christy (applicant)

 

Voting of the Panel Members

The decision of the Panel was unanimous.

 

Determination

 

Refusal

Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2019/0347 for the demolition of existing structures and construction of a two stoery dwelling house, swimming pool, detached cabana and front fence at 37 Plimsoll Street, Sans Souci, is determined by refusal for the following reasons:

 

1.         The proposed floor space of the development is excessive and the applicant’s written request under Clause 4.6 of the Kogarah Local Environmental Plan 2012 seeking to justify a contravention of Clause 4.4A Floor space ratio development standard has not adequately addressed and demonstrated that:

 

(a)        Compliance with the standard is unreasonable or unnecessary in the circumstances of the case; and

(b)        There are sufficient environmental planning grounds to justify the contravention.

 

2.         The proposed development would not be in the public interest because it is not consistent with the objectives of the standards and the objectives for development within the zone in which the development is proposed to be carried out.

 

3.         Pursuant to Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the following sections of Kogarah Local Environmental Plan 2012:

 

a.     Clause 2.3 – Zone Objectives (R2 Low Density Residential);

b.     Clause 4.4A – Exceptions to floor space ratio for residential accommodation in Zone R2, having regard to the extent of variation sought;

c.      Clause 4.6 – Exceptions to development standards, having regard to lack of adequacy in justifying the need for development standard variation.

 

4.         Pursuant to Section 4.15 (1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the following sections of Kogarah Development Control Plan 2013:

 

a.     Control 1.2.1 Floor Space Requirements (6) and (7);

b.     Control 1.5.1 Visual Privacy (1);

 

5.         The proposal is unsatisfactory having regard to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979 as the development will cause adverse impacts upon the following aspects of the environment:

 

a.     Built Environment: An adverse impact would result from the proposed development on the amenity of adjoining premises relating to building bulk, scale and form, and overlooking and impacts upon adjoining neighbours. The impact on the streetscape of the unarticulated façade is unacceptable. In addition, the proposed stormwater system will likely have an impact on downstream properties.

b.     Social Impacts: An adverse impact would result from the proposed development on the amenity of the locality and adjoining neighbours and general expectations for a dwelling house in a low density residential area;

 

6.         The proposed development is unsatisfactory having regard to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979 the proposed development is not considered to be suitable for the site or its locality and is likely to set an undesirable precedent.

 

7.         Approval of the development would not be in the public interest and contrary to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979.

 

 

LPP055-19        83A Kyle Parade Kyle Bay

(Report by Consultant Planner)

 

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

 

Speakers

 

          ●       Steven Sammut (applicant)

          ●       Cai Qing (owner)

 

Voting of the Panel Members

The decision of the Panel was unanimous.

 

Determination

 

Refusal

Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2019/0128 for the alterations and additions to existing dwelling including internal excavation at 83A Kyle Parade, Kyle Bay, is determined by refusal for the following reasons:

 

1.         The proposed floor space of the development is excessive and the applicant’s written request under Clause 4.6 of the Kogarah Local Environmental Plan 2012 seeking to justify a contravention of Clause 4.4A Floor space ratio development standard has not adequately addressed and demonstrated that:

 

(a)        Compliance with the standard is unreasonable or unnecessary in the circumstances of the case; and

(b)        There are sufficient environmental planning grounds to justify the contravention.

 

2.         The proposed development would not be in the public interest because it is not consistent with the objectives of the standards and the objectives for development within the zone in which the development is proposed to be carried out.

 

3.         Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the following sections of Kogarah Local Environmental Plan 2012:

 

a.     Clause 6.2 – Earthworks, having regard to lack of detail on volume of material, location of disposal and treatment during excavation/transport;

b.     Clause 6.4 – Limited development on foreshore area, having regard to potential for sedimentation and soil impacts on foreshore and waterway.

 

4.         Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development is likely to have an adverse impact on the following aspects of the environment:

 

a)     Building form – The proposal would result in an undesirable building form where approximately 33% of building floor space is located below existing grounds level.  This would set an undesirable precedent for similar forms of development;

b)     Built environment – An adverse impact is likely to result from the proposed development on the amenity of adjoining premises. 

c)     Social impacts – An adverse impact would result from the proposed development on the acoustic amenity of the locality and adjoining commercial/residential premises.

 

5.         Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development is likely to have an adverse impact on the following aspects of the environment:

 

a)     Built Environment - An adverse impact would result from the proposed development on the amenity of adjoining premises relating to building bulk and overlooking and impacts upon existing services;

b)     Social Impacts - An adverse impact would result from the proposed development on the amenity of the locality and adjoining neighbours and general expectations for a residential building form in the foreshore area;

 

6.         Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the proposed development is not considered to be suitable for the site or its locality and is likely to set an undesirable precedent.

 

7.         Pursuant to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development is not considered to be in the public interest and is likely to set an undesirable precedent.

 

 

LPP056-19        72 Connells Point Road South Hurstville

(Report by Development Assessment Planner)

 

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

 

Speakers

 

No speakers registered for this item.

 

Voting of the Panel Members

The decision of the Panel was unanimous.

 

Determination

 

Approval

Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2017/0219 for the demolition of existing structures and construction of a mixed retail and residential development at DA2018/0577 for the alterations and additions to the South Hurstville RSL Club at 72 Connells Point Road, South Hurstville, is determined by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 21 November 2019.

 

Statement of Reasons

·         The development will facilitate alterations that will upgrade the existing ‘registered club’.

·         The development is considered to be appropriate for the site.

·         Subject to the implementation of the recommended conditions, the development is unlikely to create unreasonable impacts upon the natural or built environment.

 

 

 

4.                CONFIRMATION OF MINUTES

 

 

The meeting concluded at 6.02pm

 

 

 

 

 

                                                                              

 

Adam Seton

Chairperson

 

John Brockhoff

Expert Panel Member

 

 

 

Michael Leavey

Expert Panel Member

 

George Vardas

Community Representative