MINUTES


Local Planning Panel

 

Thursday, 03 October 2019

4.00pm

 

Council Chambers, Civic Centre, Hurstville

 

 

 

 

 

 

 

 

 

1.                APOLOGIES AND DECLARATIONS OF PECUNIARY INTEREST

 

There were no apologies received.

 

 

Juliet Grant declared a non-pecuniary interest in Item LPP038-19 24 Hampden Street Beverly Hills and left the chamber and took no active part in the matter.

 

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 5.00pm and the LPP Panel proceeded into Closed Session to deliberate the items listed below.

 

3.                GEORGES RIVER LOCAL PLANNING PANEL REPORTS

 

LPP038-19        15 Wonoona Parade Oatley

(Report by Senior Building Surveyor)

 

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

 

Speakers

 

·         Peter Hoycard (objector)

·         Christopher Hoycard (objector)

·         William Karavelas (applicant/building designer)

·         Bernard Moroz (planner for the applicant)

 

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. DA2018/0185 for the demolition, tree removal and construction of a multi dwelling housing development containing 4 two storey dwellings and 8 on grade parking spaces at 15 Wonoona Parade Oatley is determined by granting deferred commencement consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 3 October 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.

 

Section A

 

1.         Legal Permission:  The applicant must acquire an Easement to Drain Water from the land the subject of this consent of 1 metre (minimum) width or submit a legal document to prove that there is a registered easement to use and connect into the existing drainage easement running through No. 1 Ada Street East Oatley, servicing the existing site No. 150 Hurstville Road Oatley (Lot CP, SP78444).

 

2.          A detailed longitudinal section with levels of the existing pipe within the existing easement to drain water supported by a ‘Work as Executed’ plan or a survey plan prepared by a registered surveyor showing the existing pipe location, size, respective levels and grade must be submitted.

 

3.         An engineering analysis for the total discharge flow into the easement’s pipe is to be submitted as proof of capacity for the existing pipe and whether an upgrading would be required from the point of connection. The detailed longitudinal section of the existing stormwater pipe within the easement with engineering calculations of the capacity of the pipe shall be prepared by a practicing drainage engineer and submitted to the satisfaction of Council’s development engineering section.

 

4.         The drainage plan shall be amended to show the method proposed to collect and dispose the runoff from the private courtyards without any blockage to the surface flow order to avoid ponding within the private courtyards.

 

5.         The drainage plan shall be amended to show the provision of a junction pit for the connection into the easement’s pipe.

 

6.         The drainage plan shall demonstrate that overland flow from the site is diverted onto the downstream private courtyard for up to 1:100 year event.

 

Statement of Reasons

 

1.         The proposed development is permissible and is considered to be of an appropriate scale and form for the site and is not inconsistent with the desired future character of the locality.

 

2.         The proposed development, subject to the recommended conditions, will have no unreasonable or unacceptable impacts upon the natural or built environments.

 

3.         The deficiency of one visitor car parking space is noted but is not sufficient to warrant refusal of the application having regard to the fact that each dwelling is provided with 2 car parking spaces.

 

4.         The development has a height and FSR that is less than the maximum allowed and generally complies with the applicable controls in the development control plan with the exception of car parking for visitors, permeable area and side boundary landscaping.  The Panel agrees with the justifications provided in the report for allowing variations to those controls.

 

 

LPP039-19        24 Hampden Street, Beverly Hills

(Report by Senior Development Assessment Planner)

 

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

 

Speakers

 

·         Michelle Tesoriero (objector)

 

Voting of the Panel Members

 

Juliet Grant declared a non-pecuniary interest in Item LPP039-19 24 Hampden Street, Beverly Hills on the basis that her firm is involved in a master planning project that includes the site and left the chamber and took no active part in the matter.  The decision of the remaining members 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. DA2017/0530 for the demolition, lot consolidation, tree removal and construction of a residential flat building over basement parking including site and landscaping works at 24 Hampden Street, Beverly Hills is determined by refusal for the following reasons:

 

1.         Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the relevant environmental planning instruments in terms of the following:

 

(a)  The proposal does not achieve an acceptable built form and has insufficient setbacks and separation to minimise the visual dominance of the building when viewed from adjoining properties.

 

(b)  The proposal fails to satisfy Part 4 of State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development on the basis that it fails to either achieve or adequately demonstrate compliance with the design criteria of the Apartment Design Guide with respect to the quality of communal open space areas, visual privacy, facades and universal design.

 

2.         Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with Hurstville Development Control Plan No. 1 , Chapter 4.1 Residential Flat Buildings, Section DS2.1 Site Frontage.  The site has a frontage of 12.19m, which fails to comply with the minimum 24m required by the DCP and will isolate an adjoining site.  This non-compliance results in the site being unsuitable for the proposed development, it having unreasonable adverse impacts on neighbouring properties, and unreasonably limiting development outcomes on the adjoining property by its isolation.

 

3.         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 built environment.  The proposal does not respond to the context of the site nor the neighbourhood’s character on the basis that it encroaches on the minimum required side and rear setbacks expected on the site.

 

4.         Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the site is not considered suitable for the proposed development for the following reasons:

 

(a)  The site cannot adequately accommodate the proposed built form without significant adverse impacts on the amenity of adjacent and nearby  properties with respect to built form, visual dominance, bulk and scale.

 

5.         The ability for cars to park in the basement car park has not been satisfactorily demonstrated particularly in relation to the visitor car parking space and Unit 4 car parking space.

 

6.         Pursuant to Section 1.2 of the Environmental Planning and Assessment Act the proposal would set an undesirable precedent that would undermine orderly economic development and use of land in the locality given the narrow width of the site.

 

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 within the locality and will isolate No. 22 Hampden Street, Beverly Hills.

 

 

LPP040-19        506 - 508 Railway Parade, Allawah

(Report by Senior Development Assessment Planner)

 

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

 

Speakers

 

·         Jim Apostolou (applicant)

·         Hossam Elregily (architect)

 

Voting of the Panel Members

 

The decision of the Panel was unanimous.

 

Determination

 

Deferral

Development Application No. DA2017/0394 for the demolition, lot consolidation, tree removal and construction of a 6 storey residential flat building containing 19 units over 2 levels of basement parking at 506-508 Railway Parade, Allawah is deferred and the Panel invites the applicant to submit the following:

 

1.         Revised plans which remove the rooftop communal open space and lift overrun from Level 6 and relocate the communal open space to all or part of Level 5.  Alternatively the applicant could demonstrate that reasonable communal open space can be provided at the ground level.

 

Amended plans addressing the Panel’s concerns above, must be submitted to the Council  within 60 days, otherwise the application will be determined on the information currently provided.  Following receipt of this information, the Panel (as constituted on 3 October 2019) will determine the application electronically, unless the Chair determines that a further public meeting is required.

 

 

 

LPP041-19        36 Bunyala Street, Blakehurst

(Report by Senior Development Assessment Planner)

 

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

 

Speakers

 

There were no speakers.

 

Voting of the Panel Members

 

The decision of the Panel was unanimous.

 

Determination

 

Approval

The Development Consent granted by the Land and Environment Court to Development Application No. DA2017/0649 in relation to Lot 4 in DP 516331 known as 36 Bunyala Street, Blakehurst is modified pursuant to Section 4.56 of the Environmental Planning and Assessment Act 1979 as set out below:

 

1.         Condition 1 is modified to read as follows:

 

          1.      Approved Plans

       (a)     The development must be implemented in accordance with the approved plans and supporting documentation listed below except where amended by conditions of this consent:

 

Description

Reference No.

Date

Revision

Architectural Plans prepared by Smith & Tzannes, 17-061 LEC-

Site Plan

010

17/12/18

M

Demolition Plan

011

05/12/18

A

Level C2

MOD-A-100

07/12/18

18/7/19

J

A

Level C1

101

07/12/18

K

Level 0 Ground

102

17/12/18

Z

Level 1

MOD-A-103

07/12/18

18/7/19

V

A

Level 2

MOD-A-104

05/12/18

18/7/19

P

A

Level 3

MOD-A-105

05/12/18

18/7/19

Q

A

Level 4

MOD-A-106

06/12/18

18/7/19

S

A

Roof

MOD-A-107

05/12/18

18/7/19

L

A

Adaptable Plans

108

05/12/18

A

West (Street) Elevation

MOD-A-200

05/12/18

18/7/19

L

A

East Elevation

MOD-A-201

05/12/18

18/7/19

J

A

North & South Elevations

MOD-A-202

05/12/18

18/7/19

M

A

Section A

MOD-A-203

05/12/18

18/7/19

D

A

Section B

204

05/12/18

C

Section C & D

MOD-A-205

05/12/18

18/7/19

F

A

Notes & External Finishes

001

07/12/18

C

GFA Calculations

800

05/12/18

L

GFA Calculations & Apartment Schedule

801

05/12/18

G

Deep Soil Landscape Calculation

802

05/12/18

H

Communal Open Space Calculation

803

05/12/18

D

Site Coverage Calculation

804

05/12/18

E

Cross Vent & Solar Access Diagrams

805

05/12/18

F

Cross Vent & Solar Access Calculations

806

05/12/18

C

Views from the Sun Winter 9 am – 10 am

850

05/12/18

E

Views from the Sun Winter 11 am – 12 pm am

851

05/12/18

E

Views from the Sun Winter 1 – 2 pm

852

05/12/18

E

Views from the Sun Winter 3 pm

853

05/12/18

D

Shadow Diagrams Winter Solstice 1

 

854

05/12/18

B

Shadow Diagrams Winter Solstice 2 

 

 

855

05/12/18

B

Typical Pool & Ceiling Section  SK004 18/09/18 B

 

 

 

 

Typical Floor to Ceiling Section 

SK005

 

18/09/18

 

Materials and Finishes Sample Board  

 

 

 

 

Architectural Design Report 

Prepared by Architects Smith & Tzannes  

 

17-061

12/12/18

D

Stormwater Plans    

Prepared by Wood & Grieve Engineers  

 

Stormwater Management Report 

35608-SYD C 

 

03/12/18     

D

Stormwater Plans:    

 

General Arrangement Ground Floor 

 

C1-060-01

03/12/18

E

General Arrangement Basement Level 1

C1-060-02

 

03/12/18

C

General Arrangement Basement Level 2

 

C1-0601 -3

03/12/18

D

Civic Details Sheet 1  

 

C1-066-01

05/09/18

B

Civic Details Sheet 2  

 

C1-066-02

30/07/18

C

Sediment and Erosion Control Plan 

 

C1-070-01

01/12/18

A

Sediment and Erosion Control Plan Details      

 

C1-070-01

01/12/18

A

Survey     

Prepared by Boxall Surveyors   

(Jarrod Hocking)     

 

10588-001

01/09/17

A

Landscape Plans  

Prepared by NBRS Architecture

Landscape      

 

17448-

LDA001 - 07 

17/12/18

23/7/19

I

K

Site Investigation

 

Detailed Site Investigation Report

Prepared by EI Australia    

 

E23562.E02 

15/12/17

1

Additional Site Investigation

Prepared by EI Australia    

 

E23562.E03

14/09/18

2

Acid Sulphate Soils Assessment 

Prepared by EI Australia    

 

E23562.E14

15/12/17

0

Waste Management Plan   

Prepared by Elephants Foot   

 

 

19/01/17

D

Geotechnical Investigation  

Prepared by EI Australia    

 

E23562.G03

15/12/17

2

Acoustic Report   

Prepared by Acoustic Logic  

 

20171311.1/

0812A1R1/TA 

8/12/17

1

Aboriculture Assessment Report  

Prepared by Urban Tree Management  17

 

20024

20/11/20

17

Heritage impact Statement  

Prepared by NBRS Architecture Heritage  

 

 

14/12/17

2

(This condition has been modified as part of MOD2019/0134 (DA2017/0649)).

 

2.         Insert Condition 1A to read as follows:

 

1A     The small highlight windows on the southern elevation of bathrooms of Units A104, A204 and A304 are to be retained.

 

3.         Condition 7 is modified to read as follows:

 

7.      Development Contributions

                   (a)     The Section 7.11 contribution is imposed to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

                   (b)     The Section 7.11 contribution has been levied on the subject development pursuant to the Kogarah Section 94 Contributions Plans as follows:

 

Contribution Plan

Description

Section 94 contributions

payable ($)

Plan No. 1

Road and traffic management - residential

 

1,039.36

Plan No. 5

Open Space – 2006

495,184.74

Plan No. 9

Kogarah libraries - buildings component

11,372.10

Plan No. 9

Kogarah libraries - books component

8,108.08

Total Section Contributions Currently Payable

$515,704.28

The Section 7.11 contribution has been levied on the modified development pursuant to the Kogarah Section 94 Contributions Plans as follows:

 

Contribution Plan

Description

Section 94 contributions

payable ($)

Plan No. 1

Road and traffic management – residential

$6.79

Plan No. 5

Open Space – 2006

$4,342.69

Plan No. 9

Kogarah libraries - buildings component

$88.46

Plan No. 9

Kogarah libraries - books component

$63.07

Total Section Contributions Currently Payable

 

$4,501.01(This condition has been modified as part of MOD2019/0134 (DA2017/0649)).

(a)      Indexation

         The above contributions will be adjusted at the time of payment to reflect changes in the cost of delivering public amenities and public services, in accordance with the indices provided by the relevant Section 94 Development Contributions Plan. The above rates only are current to December 2018.

(b)      Timing of Payment

         The contribution must be paid and receipted by Council prior to the release of the Construction Certificate.

(c)       Further Information

A copy of the all current Development Contributions Plans may be inspected or a copy purchased at Council’s offices (Georges River Civic Centre, MacMahon Street, Hurstville) and Kogarah Library or viewed on Council’s website www.georgesriver.nsw.gov.au.

 

Statement of Reasons

 

1.         The Panel is satisfied that the development as proposed to be modified is substantially the same as the development that was originally approved by the Land and Environment Court.

 

2.         The proposed modifications to the approved plans are minor in nature and do not result in any adverse impact on the natural and built environment.

 

3.         The Panel does not accept that there is any reasonable justification for removing the small windows to the bathrooms in the southern elevation and removal of such would be contrary to Principle 4 Sustainability under SEPP 65.

 

 

 

4.                CONFIRMATION OF MINUTES

 

Georges River Local Planning Panel (LPP) - 19 September 2019

RECOMMENDATION

That the Minutes of the Georges River Local Planning Panel (LPP) held on 19 September 2019 be confirmed.

 

 

The meeting concluded at 6.12pm.

 

 

 

 

Adam Seton

Chairperson

Juliet Grant

Expert Panel Member

 

 

 

Michael Leavey

Expert Panel Member

George Vardas

Community Representative