Georges River Council – Minutes of Local Planning Panel - Thursday, 20 May 2021

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MINUTES


Local Planning Panel

 

Thursday, 20 May 2021

4.00pm

 

Georges River Civic Centre,

Hurstville

 

 

 

 

 

 

 

 

 

 

Panel Members:

 

Ms Sue Francis (Chairperson)

Mr John Brockhoff (Expert Panel Member)

Mr Michael Leavey (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 4.00pm 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 5.37pm and the LPP Panel proceeded into Closed Session to deliberate the items listed below.

 

3.                GEORGES RIVER LOCAL PLANNING PANEL REPORTS

 

LPP013-21        977 Forest Road Lugarno

(Report by Development Assessment Planner)

 

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

 

Speakers

 

          ●       Phil Armessen (submitter)

 

Voting of the Panel Members

The decision of the Panel was unanimous.

 

Determination

 

Approval

Pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979, as amended, Modification Application No. MOD2020/0209 for the Modification of Consent No: DA2006/DA-372 (as modified) for extensions to the existing church building to provide partitioning inside the lower ground floor area at 977 Forest Road, Lugarno, is determined by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 20 May 2021 except;

 

1.    Replace Condition 64B with the following:

64B     Clear and noticeable signs written in plain English to be installed inside and outside the lower ground floor hall. The signs are to notify users and visitors with respect to the conditions of use of the area highlighted in the approved Plan of Management (as per condition 64C).

 

(This condition is added as part of MOD2020/0209 (06/DA-372))

 

2.    Replace Condition 65A with the following:

65A     Plan of Management - The development at all times must be carried out in accordance with the Plan of Management approved by Council (as per condition 64C).

 

(This condition is added as part of MOD2020/0209 (06/DA-372))

 

Statement of Reasons

·         The Panel is extremely disappointed that on its site visit it noticed that the works the subject of the refused Child Care Centre had been partially undertaken. The Panel understands that the Council has instigated regulatory action in respect to these works and the Panel would encourage the Council to pursue these appropriately.

·         In respect of the subject proposal to amend the lower ground floor Sunday School facility the Panel considers this work to be acceptable and still represents substantially the same development as originally approved.

·         Because of the conditions in relation to the times of operation the proposed modification will not result in unreasonable adverse noise or acoustic impacts.

·         The modification remains consistent with the objectives of the zone and the character of the locality.

·         The development is not inconsistent with the Georges River Local Environmental Plan 2020.

·         In supporting the proposal the Panel recognises the already approved use of the area, however the Panel’s support in no way implies endorsement or support of any expanded or additional use of the facility.

 

 

LPP014-21        55A Vista Street Sans Souci

(Report by Senior Development Assessment Officer)

 

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

 

Speakers

 

          ●       Kim Woodward (submitter)

          ●       Con and Mary Lyras (submitter)

          ●       Meg Levy (submitter)

          ●       Dr Peter Marandos (submitter)

          ●       Brett Daintry (planner)

          ●       Vic Lake (applicant)

          ●       Basil Berrigan (owner)

 

Voting of the Panel Members

The decision of the Panel was unanimous.

 

Determination

 

Statement of Reasons

·         The proposed site is on two lots. Pursuant to Clause 4.5(6) of the Kogarah Local Environmental Plan 2012 the foreshore lot does not, in the Panel’s view, include significant development and as such is not to be used for the purposes of calculating Floor Space Ratio. This being the case the proposal exceeds the relevant development standard for which no Clause 4.6 Request for Variation has been submitted. Accordingly the Panel has no power to favorably determine the application should it so wish.

·         The Panel notes the correspondence from Crown Lands dated 3 May 2021 that no approval has been granted to include the Crown Land within the proposed developments proposed floor space calculations.  However the Panel is not convinced that such consent is explicitly required.

·         The Panel notes that the proposal complies with the relevant height standard in the Local Environmental Plan of 9m however the design scale and bulk of the upper floor does not demonstrate sensitive design having regard to the view sharing principles of Tenacity. The Panel accepts that the views lost to 55 Vista Street and other properties by the current design may be better shared with a more sensitive design.

 

Refusal

Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2020/0418 for the part demolition, alterations and additions to a dwelling house, swimming pool upgrade works, landscape and drainage works at 55A Vista Street, Sans Souci, is determined by refusal for the following reasons:

 

1.         The proposal exceeds the maximum permissible Floor Space Ratio within Kogarah Local Environmental Plan 2012 and no Clause 4.6 variation has been submitted to seek a variation of that standard.

 

2.         The proposed development does not satisfy the Tenacity Principles of sensitive design to ensure reasonable and appropriate sharing of views. The bulk and scale of the upper proposed level unreasonably affects views to the detriment of adjoining properties and contrary to the underlying principles of view sharing.

 

3.         The proposed development does not comply with the following sections of Chapter C1 Low Density Housing of the Kogarah Development Control Plan 2012:

 

(a)   Section C2 – Low Density Housing Clause 1.2.2 Building Heights – reduced ceiling heights and exceedance of wall height

(b)   Section C2 – Low Density Housing Clause 1.2.4 Building Setbacks to the proposed garage and car lift

(c)   Section C2 – Low Density Housing Clause 1.7 View Sharing – failure to satisfy Tenacity Principles

(d)   Section C2 – Low Density Housing Clause 1.3 Open Space – reduction of existing non compliant landscape area

 

4.         The proposed development does not comply with the Interim Georges River Development Control Plan 2020 whereby the proposal does not comply with landscaping whereby the proposal increases the existing non compliance with landscape area.

 

5.         The proposal represents an overdevelopment of the site in respect of FSR and design

 

6.         Insufficient in accurate information

a)      Inaccurate built form is shown in relation to the neighbouring property at 55 Vista Street, Sans Souci.

b)      The plans inaccurately identify the existing ground level.

 

 

LPP015-21        Lot 11 - 24 Neville Street Oatley

(Report by Senior Development Assessment Planner)

 

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

 

Speakers

 

          ●       Neil Armstrong (submitter)

          ●       Michelle Dowd (submitter)

          ●       Tom Grubisic (owner/applicant)

          ●       Marc Golombick (architect)

          ●       Julie Horder (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. DA2020/0390 for the construction of a dwelling house and in-ground swimming pool, and tree removal on proposed Lot 11 in approved subdivision at Lot 11 – 24 Neville Street, 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 20 May 2021 except;

 

1.    Amend Condition 8 to delete the Development Contributions as already paid at subdivision DA2019/0365.

2.    That all roof area must be covered in a suitable non reflective ballast material and must be of recessive colours to minimise glare and improve visual impact from neighbouring properties. Details must be provided on the Construction Certificate plans.

 

Statement of Reasons

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

·         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.

 

 

LPP016-21        Lot 12 - 24 Neville Street Oatley

(Report by Senior Development Assessment Planner)

 

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

 

Speakers

 

          ●       Michelle Dowd (submitter)

          ●       Tom Grubisic (owner/applicant)

          ●       Marc Golombick (architect)

          ●       Julie Horder (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. DA2020/0391 for the construction of a dual occupancy and tree removal on proposed Lot 12 in approved subdivision at Lot 12 – 24 Neville Street, 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 20 May 2021 except;

 

Add the following conditions:

1.    Include the Arborist Report by Rennie Brothers Tree Surgeons, dated 1 February 2021, to the list of approved documents in Condition 1.

2.    That all roof area must be covered in a suitable non reflective ballast material and must be of recessive colours to minimise glare and improve visual impact from neighbouring properties. Details must be provided on the Construction Certificate plans.

 

Statement of Reasons

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

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

·         The proposal aims to provide a high-quality development that will establish a positive urban design outcome.

 

 

LPP017-21        Lot 13 - 24 Neville Street Oatley

(Report by Senior Development Assessment Planner)

 

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

 

Speakers

 

          ●       Neil Armstrong (submitter)

          ●       Michelle Dowd (submitter)

          ●       Tom Grubisic (owner/applicant)

          ●       Marc Golombick (architect)

          ●       Julie Horder (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. DA2020/0392 for the construction of a dual occupancy and tree removal on proposed Lot 13 in approved subdivision at Lot 13 – 24 Neville Street, 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 20 May 2021 except;

 

Add the following conditions:

1.    That all roof area must be covered in a suitable non reflective ballast material and must be of recessive colours to minimise glare and improve visual impact from neighbouring properties. Details must be provided on the Construction Certificate plans.

2.    The landscape plan is to be amended to delete the Date Palms and for them not to be relocated on the site. Replacement planting is to be undertaken at a ratio of 2:1 in accordance with Council’s Tree Management Policy. Details must be provided to the satisfaction of the Certifying Authority at the Construction Certificate stage.

 

Statement of Reasons

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

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

·         The proposal aims to provide a high-quality development that will establish a positive urban design outcome.

 

 

LPP018-21        Lot 14 - 24 Neville Street Oatley

(Report by Senior Development Assessment Planner)

 

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

 

Speakers

 

          ●       Neil Armstrong (submitter)

          ●       Michelle Dowd (submitter)

          ●       Tom Grubisic (owner/applicant)

          ●       Marc Golombick (architect)

          ●       Julie Horder (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. DA2020/0393 for the Construction of a dual occupancy and tree removal on proposed Lot 14 in approved subdivision at Lot 14 – 24 Neville Street, 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 20 May 2021 except;

 

Add the following conditions:

1.    That all roof area must be covered in a suitable non reflective ballast material and must be of recessive colours to minimise glare and improve visual impact from neighbouring properties. Details must be provided on the Construction Certificate plans.

2.    The landscape plan is to be amended to delete the Date Palms and for them not to be relocated on the site. Replacement planting is to be undertaken at a ratio of 2:1 in accordance with Council’s Tree Management Policy. Details must be provided to the satisfaction of the Certifying Authority at the Construction Certificate stage.

 

Statement of Reasons

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

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

·         The proposal aims to provide a high-quality development that will establish a positive urban design outcome.

 

 

LPP019-21        443-445 King Georges Road Beverly Hills

(Report by Senior Development Assessment Planner)

 

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

 

Speakers

 

          ●       Tony Maluccio (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. DA2019/0114 for the Construction of an elevated four storey hotel building catering for a total of sixty two (62) rooms for tourist and visitor accommodation, ground floor reception lobby and cafe and the provision of ground floor parking adjacent to the stormwater channel with access to the site from the rear laneway including landscaping and associated site works at 443-445 King Georges Road, Beverly Hills, is determined by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 20 May 2021 except;

 

Add the following conditions:

 

a)    Consolidation of Site - The site shall be consolidated into one allotment and by a Plan of Consolidation being prepared by a Registered Surveyor. This Plan shall be registered at the NSW Land and Property Information prior to the issue of a Final Occupation Certificate.

 

b)    Design changes - The following changes are required to be made and shown on the Construction Certificate plans

 

(h)       Details of the proposed wall or fencing treatment around the raised parking podium shall be provided and shall ensure safety and permeability. The proposed materials and finishes should be sympathetic to the form and character of the building.

 

c)    Structural Details - There are a number of conditions imposed that seek to ensure structural stability of the building. Condition 59 requires all structural details to be provided “prior to construction”. It is advised that this should be reworded to require these details “prior to issuing of the Construction Certificate”.

 

Condition 59 should be reworded to read;

 

59.       Structural details - Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns and other structural members. The details are to be submitted to the Principal Certifier for approval prior to issuing the Construction Certificate.

 

Statement of Reasons

·         The submitted Clause 4.6 Exception to Development Standards to Clause 4.3 Height of Building of the Hurstville Local Environmental Plan 2012 is considered to be reasonable and well founded. The height variations are largely a result of the flood affected nature of the site and the ground floor having to be raised and elevated to comply with Flood Planning Levels.

·         The Panel has noted and accepts the advice of Council’s Engineers in respect of the proposed flood related matters.

·         The site is a very unique and constrained one which severely restricts the potential design and building envelope that can be located on the site. A stormwater channel dissects the site and the flood prone nature of it limits its redevelopment potential.

·         The proposed land use is considered suitable for this site also given its commercial location within the Beverly Hills Town Centre.

·         The siting, design and bulk and scale of the development is considered suitable for the site.

·         The development complies with the FSR and is in fact well below the maximum permitted 2:1 FSR for this site.

·         The proposal is a permissible use in the zone and satisfies the objectives of the zone and is consistent with the intentions of the Beverly Hills Town Centre Masterplan which outlines a future vision for the commercial centre.

·         The proposed development intends on revitalising the site which underpins the Town Centre given its central location. The proposal will substantially improve the visual appearance of the site.

 

 

 

4.                CONFIRMATION OF MINUTES

 

 

The meeting concluded at 6.50pm

 

 

 

                                                   

 

Sue Francis

Chairperson

 

John Bucknell

Expert Panel Member

 

 

 

 

 

Michael Leavey

Expert Panel Member

 

Cameron Jones

Community Representative