Local Planning Panel

MINUTES OF MEETING

Thursday, 16 August 2018

COMMITTEE MEMBERSHIP

Panel Members:

Mr Adam Seton (Chairperson)

Mr Michael Leavey (Expert Panel Member)

Mr John Brockhoff (Expert Panel Member)

Mr George Vardas (Community Representative)

Council Staff:

Meryl Bishop (Director Environment and Planning)

Ryan Cole (Manager Development and Building)

Cathy Mercer (Team Leader DA Administration)

Monica Wernej (DA Admin Assistant)

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 4.00pm 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 5.11pm and the LPP Panel proceeded into Closed Session to deliberate the items listed below.

3.                GEORGES RIVER LOCAL PLANNING PANEL REPORTS

LPP030-18        954 – 956 Forest Road Lugarno

(Report by Development Assessment Officer)

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

Speakers

●       John Horiatopoulos (architect)

●       Perry Boyd (architect)

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. DA2016/0104 for the demolition of an existing dwelling, construction of an attached dual occupancy, ancillary swimming pools, Torrens title subdivision at 954-956 Forest Road, Lugarno, is determined by refusal for the following reasons:

1. The proposed development cannot be approved because the height of the building proposed for houses 4 and 5 contravenes the development standard in Clause 4.3 (2) of Hurstville Local Environmental Plan 2012 and the Panel is not satisfied that:

(a) The proposed development will be consistent with the objectives of the zone (cl 4.6(4)(a)(ii));

(b) The proposed development will be consistent with the objectives of the standard in question (cl 4.6(4)(a)(ii);

(c) The written request from the applicant that seeks to justify the contravention of the development standard adequately demonstrates that:

(i) compliance with the development standard is unreasonable or unnecessary in the circumstances of the case (cl 4.6(3)(a) and cl4.6(4)(a)(i)), and

(ii) there are sufficient environmental planning grounds to justify contravening the development standard (cl 4.6(3)(b) and cl 4.6(4)(a)(i)).

2. The building containing proposed house 4 and 5 is unacceptable because it is contrary to achieving the objectives of the R2 Low Density Residential Zone under the Hurstville Local Environmental Plan 2012 in that the height and amount of cut and fill will not ensure that a high level of residential amenity is achieved and maintained.

3. The bulk and scale and form of the building containing proposed house 4 and 5 is not compatible with the existing or desired character of the immediate locality (including the relationship with adjoining sites) and in relation to the visual catchment with respect to Salt Pan Creek and its foreshores on either side of the valley.

LPP031-18        22 Wyong Street Oatley

(Report by Team Leader Development Assessment)

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

Speakers

●       Catherine McCabe (objector)

●       Paris Spana (architect)

●       Ross Jackson (arborist)

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. DA2017/0605 for the demolition of existing structures and Torrens title subdivision into 2 lots and construction of a dwelling and secondary dwelling on each lot at 22 Wyong Street, Oatley, is determined by refusal for the following reasons:

1. The proposal is unacceptable in terms of removal of the existing Eucalyptus pilularis (Blackbutt) tree which is identified as having high retention value in circumstances where it has not been adequately demonstrated whether there is potential to retain this tree with an amended design.

2. Insufficient information has been submitted in relation to the disposal of stormwater.

3. The proposal is unacceptable when assessed in terms of the controls contained in Kogarah Development Control Plan 2013. In particular, the proposal does not comply with the maximum height control and the maximum second storey depth control.

4. In the circumstances of the case, approval of the development would not be in the public interest.

LPP032-18        85-87 Railway Parade Mortdale

(Report by Independent Assessment)

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

Speakers

●       Alison Davidson (planner)

Voting of the Panel Members

The decision of the Panel was unanimous.

Determination

Deferral

The resolution of the Panel is:

1. The determination of Development Application DA2017/0398 at 85-87 Railway Parade, Mortdale for the demolition of existing structures and construction of a six storey mixed use development with basement parking is deferred to enable clarification to be obtained as to whether concurrence to the granting of consent pursuant to clause 86 of State Environmental Planning Policy (Infrastructure) 2007 is required.

2. The Panel delegates its function of determining the said development application to the General Manager of Georges River Council under Section 2.20(8) of the Environmental Planning and Assessment Act 1979.

4.                CONFIRMATION OF MINUTES

The meeting concluded at 6.06pm

Adam Seton Chairperson	Michael Leavey Expert Panel Member
John Brockhoff Expert Panel Member	George Vardas Community Representative