MINUTES


Local Planning Panel

 

Friday, 6 August 2021

4.00pm

 

Georges River Civic Centre,

Hurstville

 

 

 

 

 

 

 

 

 

 

 

 

 

Panel Members:

 

Mr Stephen Alchin (Chairperson)

Mr Milan Marecic (Expert Panel Member)

Ms Judy Clark (Expert Panel Member)

Mr Cameron Jones (Community Representative)

 

 

1.                APOLOGIES AND DECLARATIONS OF PECUNIARY INTEREST

 

There were no apologies received

 

 

Stephen Alchin declared a non-pecuniary conflict of interest in LPP037-21 60 Llewelyn Street Oatley and perceived conflict of interest is not significant.

 

Cameron Jones declared an interest in LPP037-21 60 Llewellyn Street Oatley and took no part in the discussions or determination of this item.

 

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 4.36pm and the LPP Panel proceeded into Closed Session to deliberate the items listed below.

 

3.                GEORGES RIVER LOCAL PLANNING PANEL REPORTS

 

LPP037-21        60 Llewellyn Street Oatley

(Report by Senior Development Assessment Planner)

 

Refer to minutes below.

 

 

LPP038-21        72 Connells Point Road South Hurstville

(Report by Senior Development Assessment Planner)

 

Speakers

 

No speakers registered.

 

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. DA2021/0042 for the alterations and additions to existing registered Club and licensed premises at 72 Connells Point Road, South Hurstville, is determined by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 6 August 2021 except;

 

1.         Delete Condition 9.

 

2.         Add the following Condition 16A as follows:

 

16A.    Use of the outdoor terraces – The following conditions apply to the use of the outdoor terraces:

 

a)    Outdoor terrace areas are only accessible up to 11pm (Monday), 12am (Tuesday to Saturday)

b)    External gaming areas do not operate past 11pm (Monday), 12am (Tuesday to Saturday).

c)    Up to 20 patrons using the First Floor terrace facing Connells Point Road during 10pm to 11pm (Monday), 12am (Tuesday to Saturday).

d)    Up to 12 patrons using the First Floor terrace facing King Georges Road during 10pm to 11pm (Monday), 12am (Tuesday to Saturday).

e)    Up to 20 patrons using the Ground Floor terrace facing King Georges Road during 10pm to 11pm (Monday), 12am (Tuesday to Saturday).

f)     No amplified music (apart from that associated with pokie machines) is to be played in the outdoor terrace areas and external gaming areas

g)    CCTV footage shall be made available to NSW Police and Council Compliance Staff at their request to investigate any complaints received.

 

3.         Amend Condition 57 as follows:

 

57.       A reviewable condition is imposed for the use between the hours listed above to ensure acceptable noise levels for the surrounding residential properties.

 

Under section 4.17(10B) of the Environmental Planning and Assessment Act 1979 Council as the consent authority may review this condition at any time and may require that this be changed on any such review. The operator of the premises will be given fourteen (14) days written notice that a review of the hours of operation for the use of the green at night will take place. In that time the operator may submit to Council any information they wish to be considered in support of the approved hours of operation.

 

Following a review, Council may allow the use to continue to operate for the reviewable hours specified above, require the use to cease at an earlier time or otherwise modify the condition as considered appropriate.

 

Reason: The purpose of the above reviewable condition is to allow Council ongoing assessment of the premises in relation to neighbourhood amenity, public safety, operational performance, compliance with the plan of management, and allow management to demonstrate successful practices in relation to the above.

 

Statement of Reasons

·        The proposal will facilitate alterations that will upgrade the existing ‘registered club’.

·        The proposal will not create unreasonable impacts to the surrounding area.

·        The proposed development is considered to be appropriate for the site. Subject to the implementation of the recommended conditions, the development will not create unreasonable impacts upon the natural or built environment.

 

 

LPP039-21        1 Pitt Street Mortdale

(Report by Principal Planner)

 

Speakers

 

          ●       James Lidis (planner/applicant)

 

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 4.4 Floor Space Ratio 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. DA2021/0087 for the alterations and additions to an existing Hotel (food and beverage premises and tourist and visitor accommodation) at 1 Pitt Street, Mortdale, is determined by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 6 August 2021 except;

 

1.      Add the following additional Condition 10A:

 

10A. The following changes are required to be made and shown on the Construction Certificate plans:

 

Window Changes

The following changes to windows on the Pitt Street elevation are to be made:

  1. First floor Room 8: The proposed southernmost first floor window of room 8 shall be deleted.
  2. Second Floor Room 6: The proposed southernmost window of room 6 shall be moved further south to align with the southernmost window of room 6 at first floor level.
  3. Second Floor Room 7: The proposed northernmost window of room 7 shall be moved further north to align with the single window of room 7 at first floor level.

Details demonstrating compliance with this condition are to be submitted to the satisfaction of the Certifying Authority including any consequential internal changes to meet the window relocation, prior to the issue of any Construction Certificate.

 

Statement of Reasons

·        The submitted Clause 4.6 Exception to Development Standards to Clause 4.4 Floor Space Ratio of the Hurstville Local Environmental Plan 2012 is considered to be reasonable and well founded. There is an existing floor space ratio variation, and the proposed works decrease this variation.

·        The proposed development will not have unacceptable adverse impacts to the natural and built environment given the scale of the development proposed, and that the building footprint remains unchanged, and the bulk and scale of the development is consistent with the current built form.

·        The proposed land use is considered suitable for this site also given its commercial location within the Mortdale Town Centre and well serviced by public transport, and local walkable street networks.

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

·        The proposal is a permissible use in the zone and satisfies the objectives of the zone.

·        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.

 

 

LPP040-21        84D Roberts Avenue Mortdale

(Report by Senior Development Assessment)

 

Speakers

 

No speakers registered for this item.

 

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 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. DA2020/0557 for the alterations and additions to a commercial development for a car wash facility, shade structures and photovoltaic solar cells on the roof level of the building at 84D Roberts Avenue, Mortdale, is determined by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 6 August 2021 except;

 

1.      Amended Condition 2 as follows:

 

2          Amended Plans – Design Change – The shade structure along the southern side of the rooftop car park is not approved by this consent. Prior to the issue of any Construction Certificate, the plans are to be amended to delete the shade structure along the southern side of the rooftop car park.

 

Statement of Reasons

·        The proposed development complies with the requirements of the relevant environmental planning instruments with the exception of the height of building development standard.

·        A Clause 4.6 exception has been submitted in support of the application which is considered acceptable (subject to conditions requiring the shade structure over the remaining parking bays along the southern side of the rooftop car park to be deleted to minimise visual impact to public areas and public domain as viewed from the south and loss of solar access to adjoining properties).

·        The proposed development (as conditioned) satisfies the objectives of the IN2 Light Industrial Use zone of Hurstville Local Environmental Plan 2012 by encouraging employment opportunities within the under-utilised rooftop car park of the existing retail premises whilst minimising any adverse effects on other land uses.

·        The proposed development (as conditioned) is not considered to be incompatible with surrounding development and surrounding land uses.

·        The building will not unreasonably affect the amenity of any immediately adjoining properties in terms of unreasonable overlooking, overshadowing or view loss.

·        The proposal is not inconsistent with the provisions of the Draft Georges River Local Environmental Plan 2020.

 

 

 

4.                CONFIRMATION OF MINUTES

 

 

                                  

 

Stephen Alchin

Chairperson

 

Milan Marecic

Expert Panel Member

 

 

 

 

 


Judy Clark

Expert Panel Member

 

Cameron Jones

Community Representative

 

 

Panel Members:

 

Mr Stephen Alchin (Chairperson)

Mr Milan Marecic (Expert Panel Member)

Ms Judy Clark (Expert Panel Member)

 

 

LPP037-21        60 Llewellyn Street Oatley

(Report by Senior Development Assessment Planner)

 

Stephen Alchin declared a non-pecuniary conflict of interest in LPP037-21 60 Llewelyn Street Oatley and the conflict of interest is not significant.

 

Cameron Jones declared an interest in LPP037-21 60 Llewellyn Street Oatley and took no part in the discussions or determination of this item.

 

Speakers

 

          ●       Brett Daintry (submitter)

          ●       Ian and Leonie Cheng (submitters)

          ●       Peter Mahoney (submitter)

          ●       William Karavelas (applicant)

          ●       Bernard Moroz (planner)

 

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 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. DA2021/0118 for the demolition works, tree removal and construction of a dual occupancy and swimming pools at 60 Llewellyn Street, Oatley, is determined by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 6 August 2021 except;

 

1.         Relocation of Condition 5 and Condition 6 to the Development Details section (under Condition 1) and with these changes:

 

5.    Pre-Construction Dilapidation Report – Private Land - A professional engineer specialising in structural or geotechnical engineering shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises, retaining walls or other structures including but not limited to:

 

(a)      62 Llewellyn Street, Oatley; and

(b)      58 Llewellyn Street, Oatley; and

(c)      Any neighbouring buildings likely to be affected by the excavation as determined by the consulting engineer.

 

The report shall be prepared at the expense of the applicant and submitted to the satisfaction of the Certifying Authority prior to any works commencing on the site.

 

A copy of the pre-construction dilapidation report is to be provided to the adjoining properties (subject of the dilapidation report), a minimum of 5 working days prior to the commencement of work. Evidence confirming that a copy of the pre-construction dilapidation report was delivered to the adjoining properties must be provided to the PCA.

 

Should the owners of properties (or their agents) refuse access to carry out inspections, after being given reasonable written notice, this shall be reported to Council to obtain Council’s agreement to complete the report without access. Reasonable notice is a request for access in no sooner than 14 days between 8.00am-6.00pm.

 

6.    Geotechnical report - The applicant must submit a Geotechnical Report to the PCA, prepared by a professional engineer specialising in geotechnical engineering who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction.  This is to be submitted prior to any works commencing on the site and is to include:

 

a)      Investigations certifying the stability of the site and specifying the design constraints to be placed on the foundation, any earthworks/stabilization works and any excavations.

b)       Dilapidation Reports on the adjoining properties including, but not limited to 58 Llewellyn Street and 62 Llewellyn Street, Oatley, prior to any excavation of site works.  The Dilapidation Report is to include assessments on, but not limited to, the dwellings at those addresses and any external paths, grounds etc.  This must be submitted to the PCA and the adjoining residents as part of the application for the Construction Certificate.  Adjoining residents are to be provided with the report five (5) working days prior to any works on the site.

c)      On-site guidance by a vibration specialist during the early part of excavation.

d)       Measures to minimise vibration damage and loss of support to other buildings. Where possible any excavation into rock is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures. Where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) the report shall detail the maximum size of hammer to be used and provide all reasonable recommendations to manage impacts.

e)      Sides of the excavation are to be piered prior to any excavation occurring to reinforce the walls of the excavation to prevent any subsidence to the required setbacks and neighbouring sites.

 

2.      Amend Condition 9 as follows:

 

9.    Required design changes - The following changes are required to be made and shown on the Construction Certificate plans:

 

Swimming Pools

The water line of both swimming pools shall be a minimum of 1.5m from the site boundaries, including the shared boundary between the proposed dwellings.

Privacy Screens

A frosted glass privacy screen of a height of 1.6m from the floor of the balcony shall be shown on the plans for both sides of the First Floor balcony and Second Floor balcony of each dwelling.

Window height of south-west elevation of Dwelling No. 2

a)    The following windows shall have a sill height of 1.6m above the finished floor of the room, or have obscured glass to a height of 1.6m:

 

          i.        First Floor sitting room; and

         ii.        Second Floor living room.

 

b)    All windows to both stairwells are to be fixed obscured glazing.

 

3.      Amend Condition 18(d) as follows:

 

d.   The landscape plan demonstrates four (4) trees being planted upon the site, with an additional four (4) to be planted upon the site, Australian native species, minimum 45 litre pot/ bag size and be of species as per Georges River Councils Tree Management Policy, Appendix 1, Tree Planting. Two of the replacement trees must have a minimum pot size of 4 x 45ltr or 2 x 75ltr, one must be a Ficus rubiginosa tree and one must be a  Casuarina glauca or a species and location as determined by Council’s Arborist.

 

4.      Replace the table in Condition 21 with the following table:

 

Description on DA plans

Location within development

Proposed street address to comply with AS/NZS 4819:2011 and  NSW Addressing Manual

Dwelling 1

North eastern lot

60 Llewellyn Street, Oatley NSW 2223

Dwelling 2

South western lot

60A Llewellyn Street, Oatley NSW 2223

 

5.      Amend Condition 39 as follows:

 

  1. Post Construction Dilapidation report – Private Land - At the completion of the construction works, a suitably qualified person is to be engaged to prepare a post-construction dilapidation report.  This report is to ascertain whether the construction works associated with the subject development created any structural damage to the adjoining premises assessed pre-construction.

 

The report is to be prepared at the expense of the applicant and submitted to the PCA prior to the issue of the Occupation Certificate.  In ascertaining whether adverse structural damaged has occurred to the adjoining premises, the PCA, must compare the post-construction dilapidation report with the pre-construction dilapidation report required by conditions in this consent.

 

Evidence confirming that a copy of the post-construction dilapidation report was delivered to the adjoining properties subject of the dilapidation report must be provided to the PCA prior to the issue of any Occupation Certificate.

 

Any damage to neighbouring properties identified must be rectified to an equivalent state as identified in the Pre Construction Dilapidation Report and evidence provided to the PCA of works completed.

 

Statement of Reasons

·        The proposed development complies with the requirements of the relevant environmental planning instruments except in the height of the development. A Clause 4.6 variation has been submitted in support of the application which is considered acceptable having regard to the justification provided in the report above.

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

·        The proposal has effective façade modulation that will serve to provide visual interest with an appropriate bulk and scale.

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

·        Privacy concerns of adjoining properties can be satisfactorily addressed through the requirements for obscured glass on all side boundary facing of the balconies and the use of fixed obscured glass on the stairwell windows.

·        The specification of particular replacement trees and appropriate locations has regard to the scenic and biodiversity characteristics of the Foreshore Scenic Protection Area.

 

 

4.                CONFIRMATION OF MINUTES

 

 

The meeting concluded at 5.40pm

 

 

                                  

 

Stephen Alchin

Chairperson

 

Milan Marecic

Expert Panel Member

 

 

 

 

Judy Clark

Expert Panel Member