MINUTES


Local Planning Panel

 

Thursday, 17 September 2020

4.00pm

 

Georges River Civic Centre,

Hurstville

 

 

 

 

 

 

 

 

 


 

Panel Members:

 

Mr Adam Seton (Chairperson)

Ms Juliet Grant (Expert Panel Member)

Mr Michael Leavey (Expert Panel Member)

Ms Fiona Prodromou (Community Representative)

 

 

 

1.                APOLOGIES AND DECLARATIONS OF PECUNIARY INTEREST

 

There were no apologies received

 

 

Fiona Prodromou declared an interest in LPP048-20 Public Exhibition of Draft Georges River Development Control plan 2020 and took no part in the discussions or decision making process.

 

2.                PUBLIC SPEAKERS

 

The meeting commenced at 4.11pm 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 5.30pm and the LPP Panel proceeded into Closed Session to deliberate the items listed below.

 

3.                GEORGES RIVER LOCAL PLANNING PANEL REPORTS

 

LPP045-20        799 Forest Road Peakhurst

(Report by Senior Development Assessment Officer)

 

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

 

Speakers

 

          ●       Graham McDonald (submitter)

          ●       Frank Johnson (submitter)

          ●       John Blain (submitter)

          ●       Brian Griffin (submitter)

          ●       Alan Baker (submitter)

          ●       Meiling Chen (submitter)

          ●       Lorraine Thompson (submitter)

          ●       Marilen Eberle (submitter)

          ●       Matt Woodford (submitter)

          ●       George Mourad (applicant)

          ●       Steve Waters (on behalf of applicant)

          ●       Margaret Roberts (planner)

 

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. DA2019/0431 for the demolition of existing structures and construction of six multi-unit dwellings, associated vehicle accommodation, an in-ground swimming pool, landscaping and site works at 799 Forest Road, Peakhurst, is determined by granting deferred commencement consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 17 September 2020 except;

 

1.    Add the additional condition to Deferred Commencement in Schedule 1:-

c)    Submission on an internal elevation of the western façade to Dwellings 3-6 to Council for review and approval which is consistent with the floor plans and colours and finishes contained within the referenced plans.

 

2.    Amend Condition 1 in Schedule 2 to include the following:-

 

3.    To amend the waste storage requirement in Condition 25 in Schedule 2 to read as follows:-

Waste storage - The waste storage area for Dwelling 1 is to be relocated 1m behind the front alignment of the garage of that dwelling.  The proposal is to be amended to incorporate waste storage area for Dwelling 3 within the common waste storage areas for Dwellings 2 - 4 at the centre of the site. This waste storage area maybe increased to accommodate the required capacity.

 

4.    To amend Condition 25 in Schedule 2 to include the following additional required design change:-

Landscaping – The landscaping plan is to be amended to provide screen landscaping, to achieve a minimum height of 4m, along the northern side of the garage to Dwelling 1.

 

5.    Amend Condition 34 in Schedule to add:

d) the provision of additional screen landscaping as required in Condition 25.

 

Statement of Reasons

·         The proposed multi dwelling housing development formed a permissible use within the R2 Low Density Residential Zone within the Hurstville Local Environmental Plan 2012 at the time the application was lodged and is covered by the savings provision of the Hurstville Local Environmental Plan 2012.

·         The amended design is suitable for the subject site as the objectives of the controls have been reasonably satisfied and conforms with the objectives of the applicable planning controls.

·         The amended proposal provides good levels of amenity for future occupants and results in minimal adverse material impacts on adjoining properties and surrounding development.

·         The Panel notes that an easement to drain water has been registered over 4 Dawn Street Peakhurst and that the development requires the provision of an On Site Detention system that will reduce the overland flow of water off the site. And that Condition 3 of Schedule 2 requires the upgrading of existing Council infrastructure within Dawn Street with all cost to be borne by the developer.

 

 

LPP046-20        54 and 54A Noble Street Allawah

(Report by Senior Development Assessment Planner)

 

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

 

Speakers

 

          ●       William Karavelas (applicant)

          ●       Bernard Moroz (on behalf of 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. DA2019/0314 for the demolition of existing structures, lot consolidation and the construction of a four (4) storey Residential Flat Building containing eight (8) apartments with basement car parking for twelve (12) vehicles, associated landscaping and site works at 54 and 54A Noble Street, Allawah, is determined by refusal for the following reasons:

 

1.    The Panel is not satisfied that:

i)             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 Control and Clause 4.1A Minimum Lot Size for RFB’s 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.

 

ii)            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.

 

2.    In relation to Clause 6.3 of Kogarah Local Environmental Plan 2012 Flood Planning the Panel is not satisfied that the development is compatible with the flood hazard of the land or incorporates appropriate measures to manage risk of life from flood and therefore has no jurisdiction to approve the application.

3.    The scale and the height of the building is inconsistent with the established character and out of context with the 3-4 storey scale of existing development within the locality.

4.    The number of car parking spaces provided for the development is inadequate.

5.    The development is an overdevelopment of the site having regard to the area and width.

 

 

LPP047-20        121 Mi Mi Street Oatley

(Report by Senior Development Assessment Planner)

 

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

 

Speakers

 

          ●       Greg Jones (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 Hurstville Local Environmental Plan 2012 seeking to justify a contravention of Clause 4.3 Height Control 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. DA2020/0172 for the alterations and additions to a dwelling house at 121 Mi Mi Street, Oatley, is determined by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 17 September 2020.

 

Statement of Reasons

·         The proposed development generally 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 Clause 4.6 Statement is considered to be well founded and the non-compliance with the height control is reasonable in the circumstances of the case.

·         The proposed design has appropriately considered impacts on views of neighbours and is consistent with the character of development in the area.

 

 

LPP048-20        Public Exhibition of Draft Georges River Development Control Plan 2020

(Report by Senior Strategic Planner)

 

Fiona Prodromou declared an interest in LPP048-20 Public Exhibition of Draft Georges River Development Control plan 2020 and took no part in the discussions or decision making process.

 

Speakers

 

No speakers registered for this application.

 

Voting of the Panel Members

The decision of the Panel was unanimous.

 

Determination

The Georges River Local Planning Panel, as delegate of the Georges River Council, resolves as follows:

(a)  The draft Georges River Development Control Plan 2020 comprising of Attachments 3 to 18 to the report to the Georges River Local Planning Panel dated 17 September 2020 be placed on public exhibition in accordance with the requirements of the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, subject to the following amendments being made:

 

i)             Insert a Savings Clause that states:

If an application has been made before the commencement of the DCP in relation to land to which the DCP applies, and the application has not been finally determined before that commencement, the application must be determined as if the DCP had not commenced. All applications received after the commencement date of an amendment to the DCP are subject to the DCP as amended.

 

ii)            The provisions within Part 6-3 Residential Flat Buildings (High Density) are amended to include the residential component of shop top housing/mixed use development.

 

(b)  The General Manager is authorised to make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, in preparation for the public exhibition of the draft Georges River Development Control Plan 2020.

 

 

 

4.                CONFIRMATION OF MINUTES

 

 

The meeting concluded at 6.57pm.

 

 

                                                                             

 

Adam Seton

Chairperson

 

Juliet Grant

Expert Panel Member

 

 

 

 

 

Michael Leavey

Expert Panel Member

 

Fiona Prodromou

Community Representative