Local Planning Panel


Thursday, 18 April 2019

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Georges River Civic Centre,







Panel Members:


Mr Paul Vergotis (Chairperson)

Mr Jason Perica (Expert Panel Member)

Mr John Brockhoff (Expert Panel Member)

Ms Annette Ruhotas (Community Representative)




Council Staff:


Chris Young (Acting Coordinator Development Assessment)

Mark Raymundo (Senior Development Assessment Officer)

Joseph Farag (Development Assessment Officer)

Cathy Mercer (Team Leader DA Administration)

Monica Wernej (DA Admin Assistant)






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 5.01pm and the LPP Panel proceeded into Closed Session to deliberate the items listed below.




LPP013-19       1 Butler Road Hurstville

(Report by Development Assessment Officer)


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




        ●      Councillor Leesha Payor (objector)

        ●      Russel Strahle (applicant)

        ●      Matt Devlin (consultant planner)

        ●      Michael Rogers (consultant architect)


Voting of the Panel Members

The decision of the Panel was unanimous.





The Panel resolves to defer determination Development Application No. DA2017/0402 for the demolition of existing buildings and construction of a 12 storey mixed use development with 4 levels of basement car parking at 1 Butler Road, Hurstville, in order to invite the applicant to submit further information and details to address specific concerns held by the Panel.  This information is outlined below and shall be provided to Council by 28 June 2019 and the matter shall be subsequently considered by the Panel constituted on 18 April 2019, and which may be by electronic means following an updated assessment report by Council staff.  If the information is not submitted by 28 June 2019, the development application shall be determined by Panel as constituted on 18 April 2019 on the basis of the information currently submitted.


1.          The applicant consider the provision of a ramp down to a basement level which provides access to loading, disabled parking and a car lift to lower levels.  If this cannot work, details to show why it cannot work.


2.          Details on the minimum car parking required to meet RMS guidelines referred to in SEPP 65, differentiated between residents and visitors.  If visitor parking is not provided, the applicant consider providing the minimum parking for residents given the access to public transport and services.  This may entail the loss of a level, if applicable, and this in turn may reduce waiting times and queueing conflicts as well as reducing excavation.  Depending on the parking numbers, this may also allow provision of an onsite basement loading space for a small vehicle.


3.          Revised plans and a traffic assessment addressing:


(a)  The impacts of the development in relation to emergency services, such as Police and Fire Brigade, given these operate 24 hours a day, 7 days a week.  This is to include any impacts upon street parking from the driveway and required safety clearances and sight lines;


(b)  Further investigation regarding conflict between potential occupants using the car lift; the phasing time of the car lift; waiting times; conflict of vehicles when exiting and entering the site; potential queueing on Ormonde Parade and the inclusion of mechanical specifications of the car lift.  Turning circles to show compliance with Australian Standards shall also be provided.


4.          Provision of a waste and loading management plan to avoid conflicts between the bin holding area and waiting bay and queueing.  Consideration should also be given to the location of waste loading, size of waste loading vehicles and likely frequency and hours of waste collection.


5.          Consideration should be given to direct internal access between a loading bay and commercial premises.


6.          Consideration of the wider public domain in addressing the matters above, if this better resolves issues (eg potential relocation or deletion of the existing street garden tree and seat). This will require consultation with Council staff and with the necessary Roads Act and Traffic Committee considerations.


7.          Consideration to nominating the ground floor use as retail, as this will better activate the important street corner that the site occupies.


8.          Consultation with the NSW Police St George Local Area Command and NSW Fire Brigade to understand their views of the proposal on operational and safety grounds.



LPP014-19       51 Laycock Road, Penshurst

(Report by Development Assessment Planner)




No speakers were registered for this item.


Voting of the Panel Members

The decision of the Panel was unanimous.





The Panel is satisfied that:


1.     Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2019/0020 for the construction of landscape works and associated water feature within the front setback of the subject site at 51 Laycock Road, Penshurst, is determined by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 18 April 2019.


2.     The Panel notes that the application contemplates the demolition of structures of a heritage item giving rise to the Panel’s jurisdiction pursuant to Schedule 1 (paragraph 4(c)) of the Local Planning Panel’s Direction – Development Applications made by the Minister for Planning under Section 9.1 of the Environmental Planning and Assessment Act 1979, dated 23 February 2018.


Statement of Reasons

·            The proposed development complies with the requirements of the relevant environmental planning instruments and development control plan.

·            The proposed development satisfies the Heritage criteria of the site and is considered to have a positive impact upon the heritage significance of the dwelling.

·            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 6.17pm


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Paul Vergotis



Jason Perica

Expert Panel Member




John Brockhoff

Expert Panel Member


Annette Ruhotas

Community Representative