MINUTES


Local Planning Panel

 

Thursday, 6 August 2020

4.00pm

 

Georges River Civic Centre,

Hurstville

 

 

 

 

 

 

 

 

 


 

 

Panel Members:

 

Ms Sue Francis (Chairperson)

Mr John Brockhoff (Expert Panel Member)

Mr Jason Perica (Expert Panel Member)

Mr Cameron Jones (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 4.03pm 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 5.06pm and the LPP Panel proceeded into Closed Session to deliberate the items listed below.

 

3.                GEORGES RIVER LOCAL PLANNING PANEL REPORTS

 

LPP032-20        13-21 Wyuna Street Beverley Park

(Report by Senior Development Assessment Planner)

 

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

 

Speakers

 

          ●       John Totterdell (submitter)

          ●       Clr Leesha Payor on behalf of Colin Shanks (submitter)

          ●       Clr Leesha Payor (submitter)

          ●       Brad Delapierre (planner)

          ●       Hiromi Lauren (architect)

 

Voting of the Panel Members

The decision of the Panel was unanimous.

 

Determination

 

Approval

The Panel is satisfied that:

 

1.      The applicants written request under Clause 4.6 of the Kogarah Local Environmental Plan 2012 seeking to justify a contravention of Clause 4.3 Height of Buildings 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.

 

Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2019/0439 for demolition works, lot consolidation and construction of a 7 storey residential flat building over 2 levels of basement parking, landscaping and site works at 13-21 Wyuna Street, Beverley Park, is determined by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 6 August 2020 except;

 

1.      Condition 13 be amended to replace the first two sentences to state:

“All existing overhead power lines within or adjacent to the development site shall be relocated underground to Energy Australia standards and specifications, unless this is not reasonably possible or practicable, as advised in writing by Energy Australia, or relevant energy provider.” The last two sentences shall be retained.

 

Statement of Reasons

·         The proposal is an appropriate response to the “up-zoning” of the site (including increased Floor Space Ratio and height limits) afforded by the Kogarah “New City Plan”. The seven (7) storey building will provide an effective transition between future six (6) and seven (7) storey development facing the Princes Highway and two (2) storey low density residential on the opposite side of Wyuna Street.

·         The proposed development complies with the requirements of the relevant environmental planning instruments and development control plan except with the building height of the development which is considered acceptable having regard to the justification provided in the report above.

·         In this case the applicant’s written Clause 4.6 Statement provides sufficient environmental justification to the non-compliance with the height control. The proposal satisfies the objectives of the zone and development standard.

·         The proposal generally achieves compliance with the Apartment Design Guide with respect to both internal and external amenity.

·         The proposed design has been sensitively considered to be consistent with the anticipated desired future character for development in this area.

·         The proposal has effective façade modulation and wall articulation that will serve to provide visual interest and reduce the bulk of the building.

·         The proposal aims to provide a high-quality building that will establish a positive urban design outcome, setting the architectural and planning precedent in the area.

 

 

LPP033-20        248 Railway Parade Kogarah

(Report by Senior Development Assessment Planner)

 

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

 

Speakers

 

          ●       Roger Johnson (architect)

          ●       Danny Jones (planner)

 

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. REV2020/0013 for Review of Determination - Consent No: DA2019/0232 for site remediation, demolition works and construction of a mixed use building containing 3 levels of basement car parking, ground floor commercial and 5 levels of boarding house accommodating 43 rooms inclusive of the caretakers room at 248 Railway Parade, Kogarah, be deferred.

 

The application is deferred to Council staff to determine the application allowing the applicant to provide plans and information to address the recommended deferred commencement terms while still determining the application prior to 20 August 2020 and also addressing design changes to require a revision of the suite layouts to ensure no suite relies on light and air over the adjoining property to the south west but retains a balcony to each suite. This may involve revision of the layout of suites 8, 9, and 10 (and corresponding suites above) so no reduction in overall rooms results from the design revision.

 

In determining the application Council staff should have regard to condition 78(d) in terms of overall occupancy, also noting the proposed Manager’s residence.

 

Statement of Reasons

·         The Panel is aware that the time frame for the determination of this Review application expires on 20 August 2020. However the Panel considers that the proposal requires internal layout amendments which require plans to be assessed prior to determination. Accordingly the Panel has deferred the application to require those plans to be submitted to address the reasons identified in the Council’s draft deferred commencement conditions together with further issues raised by the Panel.

·         The Panel is also aware that the applicant has submitted amended plans purporting to address the deferred commencement conditions. The Panel does not have before it an assessment of those amended plans but understands that they may go some way to addressing the concerns raised by Council.

·         The Panel therefore requests, due to the time frame constraints, that the amended plans be submitted to Council by Tuesday 11 August 2020 addressing the matters raised in the decision above. Specifically this will require plans to deal with the amended layout on Levels 2-5 where balconies face the RSL.

 

 

LPP034-20        18-24 Victoria Street Kogarah

(Report by Senior Development Assessment Officer)

 

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

 

Speakers

 

          ●       Tasso Bastas (architect)

          ●       Julie Horder (planner)

 

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. REV2020/0011 for Review of Determination of Application No: DA2017/0597 the application is seeking consent for demolition works, lot consolidation and construction of a mixed use development comprising a residential flat building and a shop over a basement including landscaping and site works at 18-24 Victoria Street, Kogarah, is determined by refusal for the following reasons:

 

1.        The proposal is unsatisfactory having regard to Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 as the proposal provides poor amenity in relation to spatial separation, balcony sizes and general functionality of apartments having regard to the Apartment Design Guide (ADG) and State Environmental Planning Policy No. 65 Design Quality of Residential Flat Buildings. Specifically the location and size of the habitable rooms/studies on Levels 1 through 3 adjacent to the common corridor would not satisfy ventilation and daylight amenity provisions.

 

2.        The lack of articulation and bulk on the Victoria Street podium façade is unacceptable and does not sufficiently address the opportunity for a closer relationship with the adjoining Heritage terraces both through design, scale, form, setbacks and materiality.

 

3.        The proposal is unsatisfactory having regard to Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 as the proposed development as a whole does not ensure that a high level of amenity is achieved and maintained. The Clause 4.6 Statement in respect to the non-compliance with Clause 4.3 Height of Building standard is not considered to be well founded or in the public interest. In addition the roof architectural feature is unacceptable.

 

4.        The proposal is unsatisfactory having regard to Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 as the proposal does not satisfy Clause 5.10 - Heritage Conservation of the Kogarah Local Environmental Plan 2012.

 

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 built environment with respect to the impact upon the streetscape, amenity for future occupants and to adjoining properties.

 

6.        The proposed development is unsatisfactory having regard to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979 in that the proposed development in its current form is not suitable for the site.

 

7.        The proposed development fails to satisfy the provisions of Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979 in that the proposed built form of the building will be out of character with existing and recently approved developments and does not reflect the desired future character for development in the street. The transition and interface of the building to the adjoining heritage building is considered to be unacceptable and unsympathetic with the form of these buildings.

 

8.        The proposed development fails to satisfy the provisions of Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979 in that the proposed development in its current form, given its siting, location, design and massing is considered to be an inappropriate outcome for the site and will establish an undesirable precedent in the area which will not be in the public interest.

 

9.        The proposal fails to demonstrate the provision of adequate space for the anticipated waste generation of the development.

 

 

 

4.                CONFIRMATION OF MINUTES

 

 

 

The meeting concluded at 6.09pm

 

 

 

                                                                   

 

Sue Francis

Chairperson

 

John Brockhoff

Expert Panel Member

 

 

Jason Perica

Expert Panel Member

 

Cameron Jones

Community Representative