HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________

MINUTES OF THE DEVELOPMENT ASSESSMENT COMMITTEE MEETING
HELD ON WEDNESDAY, 2ND APRIL, 2003 AT 7.10 PM




PRESENT

Committee Members:

His Worship the Mayor, Councillor V Badalati (Chairperson)
Councillor M Lynch
Councillor C Wong (Deputy Mayor)
Councillor S Nasser
Councillor S Chan
Councillor M Frawley
Councillor B Giegerl
Councillor S McMahon
Councillor J Morris
Councillor C Lee
Councillor P Sansom

Council Staff:

Director - Policy, Planning & Environment, Ms R Tyne
Manager - Development Control, Mr G Young
Manager - Development Assessment, Mr P Thomas

Transportation Analyst, Mr J Inglese
Development Assessment Officer, Ms P Thomson
Environmental Health and Building Surveyor, Mr M Alexander
Office Team Leader, Mrs L Stephens


APOLOGIES

Apologies for inability to be present were tendered on behalf of Councillor W Pickering .

RESOLVED THAT the apologies be received and leave of absence granted.

(Moved Clr M Frawley/Seconded Clr M Lynch)


CONFIRMATION OF MINUTES

Development Assessment Committee Meeting - 5th March, 2003

RESOLVED THAT the Minutes of the meeting of the Development Assessment Committee held on 5th March, 2003, as previously circulated to each Councillor, be confirmed as a correct record.

(Moved Clr J Morris/Seconded Clr M Lynch)

DISCLOSURE OF INTEREST

The following Councillors declared an interest in matters before the Committee:

Councillor M Frawley - Item DAC004.07 - 03 - 350 Forest Road, Hurstville

(DA 20030064)
- Item DAC004.09 - 03 - 218-230 Forest Road, Hurstville
(DA 20030055)

Councillor M Lynch - Item DAC004.07 - 03 - 350 Forest Road, Hurstville
(DA 20030064)
- Item DAC004.09 - 03 - 218-230 Forest Road, Hurstville
(DA 20030055)

Councillor C Lee - Item DAC006.05 - 03 - 5 Stringybark Place, Lugarno (DA 20020886)

Councillor S Nasser - Item DAC006.09 - 03 - 68B Llewellyn Street, Oatley (DA 20020917)
- Item DAC006.12 - 03 - 9 Llewellyn Street, Oatley (DA 20020829)

NOTE

The Council at its meeting held on 22 March, 2000 granted delegated authority to the Committee to consider and determine matters placed before the Committee for its consideration in accordance with the functions of the committee adopted by Council. Accordingly the Committee's decisions do not require subsequent adoption by Council.


ITEMS

Item No: DAC004 - 03 - DEVELOPMENT APPLICATIONS - HURSTVILLE WARD
(Report By Director - Policy, Planning and Environment, Ms R Tyne)

COMMITTEE'S DECISION:

THAT the information be received and noted.

(Moved Clr M Lynch/Seconded Clr M Frawley)



Item No: DAC004.01 - 03 - 34 CALOOLA CRESCENT, BEVERLY HILLS (DA 20030090)
FIRST FLOOR ADDITION TO DWELLING HOUSE
(Report By Development Assessment Officer, Mr P O'Reilly)

COMMITTEE'S DECISION:

THAT the application be deferred for inspection and report by Ward Councillors.

(Moved Clr M Lynch/Seconded Clr M Frawley)



Item No: DAC004.02 - 03 - 30 WESTBROOK STREET, BEVERLY HILLS

(DA 20030009)
ERECTION OF A TWO STOREY DUAL OCCUPANCY (DUPLEX) AND GARAGE, STRATA SUBDIVISION AND DEMOLITION OF PART OF EXISTING DWELLING HOUSE AND GARAGE (Report By Town Planner, Ms P Thomson)

COMMITTEE'S DECISION:

THAT the application be deferred for inspection and report by Ward and interested Councillors.

(Moved Clr M Lynch/Seconded Clr S Nasser)



Item No: DAC004.03 - 03 - 228 CARRINGTON AVENUE, HURSTVILLE (DA 20021080)
ERECTION OF A SINGLE STOREY DWELLING HOUSE
(Report By Development Assessment Officer, Mr P O'Reilly)

COMMITTEE'S DECISION:

THAT the application be granted a Deferred Commencement Consent, pending removal of sections of the dwelling house on Lot 73.

(Moved Clr M Lynch/Seconded Clr S Nasser)



Item No: DAC004.04 - 03 - 458-460 FOREST ROAD, HURSTVILLE (DA 19970201)
SECTION 96 MODIFICATION TO DA 201/97 FOR A STAGED DEVELOPMENT
(Report By Manager - Development Assessment, Mr P Thomas)

COMMITTEE'S DECISION:

THAT the Section 96 Modification be approved in accordance with the conditions included in the report.

(Moved Clr M Lynch/Seconded Clr M Frawley)

Councillor S Chan requested that her name be recorded as having voted against the motion.



Item No: DAC004.05 - 03 - 226 CARRINGTON AVENUE, HURSTVILLE (DA 20030042) FIRST FLOOR ADDITION TO DWELLING HOUSE
(Report By Development Assessment Officer, Mr P O'Reilly)

COMMITTEE'S DECISION:

THAT the application be granted a Deferred Commencement Consent, pending gazettal of the rezoning from open space to residential, and in accordance with the conditions included in the report.

(Moved Clr M Lynch/Seconded Clr S Nasser)



Item No: DAC004.06 - 03 - 42 PARK ROAD, HURSTVILLE (DA 20020851)
CHANGE OF USE TO BEAUTY SALON/MASSAGE CENTRE
(Report By Town Planner, Ms P Thomson)

COMMITTEE'S DECISION:

THAT the application be refused in accordance with the conditions included in the report.

(Moved Clr M Lynch/Seconded Clr C Wong)

The Mayor advised that the resolution was carried unanimously.



Item No: DAC004.07 - 03 - 350 FOREST ROAD, HURSTVILLE (DA 20030064)
EXTENSION OF SUNDAY TRADING HOURS 10.00AM TO 12.00 MIDNIGHT
(Report By Development Assessment Officer, Mr P Nelson)

Interest:
In accordance with the interest declared, Councillors M Lynch and M Frawley withdrew from the Committee for the period of debate and voting on this item.

COMMITTEE'S DECISION:

THAT, pursuant to the powers vested in Council under Section 80(1) of the Environmental Planning and Assessment Act, 1979 (as amended), the Council, as consent authority, refuse the extension of trading hours from 10.00am to 10.00pm Sundays to 10.00am to 12.00 midnight on Sundays on land known as Lot E, DP 168743, Lot L, DP 27246 and Lot M, DP 27426, 350 Forest Road, Hurstville, for the following reasons.


1. The extension to Sunday trading hours may lead to adverse social impacts.

2. The application is not considered to be in the public interest and is contrary to Council's policy.

FURTHER, THAT the matter of the current trading hours of 5.00 am to 5.00 am, Monday to Saturday, contrary to Council's 1997 Review of Late Night Trading for Hotels and Clubs, be the subject of a further report to Council.

(Moved Clr S McMahon/Seconded Clr B Giegerl)



Item No: DAC004.08 - 03 - 73 BASSETT STREET, HURSTVILLE (DA 20021018) DEMOLITION OF THE EXISTING DWELLING HOUSE AND THE ERECTION OF A
CHILD CARE CENTRE
(Report By Manager - Development Assessment, Mr P Thomas)

COMMITTEE'S DECISION:

THAT the application be approved in accordance with the conditions included in the report.

(Moved Clr S Nasser/Seconded Clr M Lynch)



Item No: DAC004.09 - 03 - 218-230 FOREST ROAD, HURSTVILLE (DA 20030055) INTERNAL ALTERATIONS AND REFURBISHMENT OF AN EXISTING HOTEL BUILDING
(Report By Manager - Development Control, Mr G Young and Senior Health & Building Surveyor, Mr G Deehan)

Interest:
In accordance with the interest declared, Councillors M Lynch and M Frawley withdrew from the Committee for the period of debate and voting on this item.

COMMITTEE'S DECISION:

THAT , pursuant to the powers vested in Council by Section 80(1) of the Environmental Planning and Assessment Act, 1979, the Council, as consent authority, grant development consent under DA 20030055 for the internal alterations and refurbishment of the existing hotel complex on land known as Lot 10, DP 852346, 218, 220-230 Forest Road, Hurstville, subject to:


1. The conditions prepared by Council's Officers in respect of the proposed internal alterations and refurbishment of the hotel building.

2. Approval as a Place of Public Entertainment being obtained in respect to the refurbished premises.

NOTE: Public Entertainment should cease during the period of building alterations.

FURTHER, THAT the matter of the current/proposed trading hours, contrary to Council's 1997 Review of Late Night Trading for Hotels and Clubs, be the subject of a further report to Council.

(Moved Clr S Nasser/Seconded Clr C Wong)



Item No: DAC005 - 03 - DEVELOPMENT APPLICATIONS - PENSHURST WARD
(Report By Director - Policy, Planning and Environment , Ms R Tyne)

COMMITTEE'S DECISION:

THAT the information be received and noted.

(Moved Clr M Lynch/Seconded Clr M Frawley)


Item No: DAC005.01 - 03 - 586-588 KING GEORGES ROAD, PENSHURST
(DA 20021033)
SECTION 82A REVIEW OF DETERMINATION (REFUSAL) IN RELATION TO A CHILD CARE CENTRE
(Report By Manager - Development Assessment, Mr P Thomas)

COMMITTEE'S DECISION:

THAT Council adhere to its original decision, i.e. THAT the application be refused due to safety issues concerning traffic on the main road location, lack of parking, and evidence that the Department of Community Services has successfully prosecuted the applicant for offences related to the safety of children in care.

(Moved Clr M Lynch/Seconded Clr M Frawley)


Item No: DAC005.02 - 03 - 31 DELVES STREET, MORTDALE (DA 20021084)
ERECTION OF AN ATTACHED DUAL OCCUPANCY WITH TORRENS TITLE
SUBDIVISION
(Report By Manager - Development Assessment, Mr P Thomas)

COMMITTEE'S DECISION:

THAT the application be granted a deferred commencement approval.


FURTHER, THAT the tree species in the landscape plan (Condition 4(b)) be varied to the satisfaction of Council's Tree Preservation Officer.

(Moved Clr S McMahon/Seconded Clr M Frawley)


Item No: DAC005.03 - 03 - 669-671 FOREST ROAD, PEAKHURST AND 8-12 NEILSON AVENUE, PEAKHURST (DA 20020801)
SEPP 5 APPLICATION - AGED CARE FACILITY
(Report By Manager - Development Assessment, Mr P Thomas)

COMMITTEE'S DECISION:

THAT the application be approved in accordance with the conditions included in the report, subject to the following additional conditions:-


THAT Council generally limit the access to and from the site for demolition, excavation and construction vehicles from Forest Road.

THAT the applicant be required to submit a traffic management plan for the construction of the complex detailing such vehicles using Forest Road as their main access. The traffic management plan should also include the method of liaison with all affected residents in the local streets, including Tournay Street, Neilson Avenue and Forshaw Avenue, and define the traffic route to and from the site, for approval by the Hurstville Traffic Advisory Committee.

FURTHER, THAT Council's Law Enforcement Officers be directed to enforce this restriction on request of the Manager - Development Control.

(Moved Clr M Frawley/Seconded Clr S Nasser)



Item No: DAC005.04 - 03 - 12 OMARU STREET, BEVERLY HILLS (DA 20030098)
PROPOSED DUAL OCCUPANCY DEVELOPMENT WITH DEMOLITION OF
EXISTING DWELLING HOUSE AND TORRENS TITLE SUBDIVISION
(Report By Acting Development Assessment Officer, Ms L Sarayeldin)

COMMITTEE'S DECISION:

THAT the application be approved in accordance with the conditions included in the report.

(Moved Clr S McMahon/Seconded Clr M Frawley)



Item No: DAC006 - 03 - DEVELOPMENT APPLICATIONS - PEAKHURST WARD
(Report By Director - Policy, Planning and Environment, Ms R Tyne)

COMMITTEE'S DECISION:

THAT the information be received and noted.

(Moved Clr P Sansom/Seconded Clr J Morris)



Item No: DAC006.01 - 03 - LOT 4, 37-45 WOODLANDS AVENUE, LUGARNO
(DA 20010371)
SECTION 82A REVIEW OF DETERMINATION
(Report By Manager - Development Assessment - Mr P Thomas)

COMMITTEE'S DECISION:

A. THAT the Council does not support the Section 82A Review of Determination.

B. THAT Council commence proceedings to order the restitution of the ground and the removal of any structures.
C. FURTHER, THAT legal action be taken for the unauthorised building works.

(Moved Clr P Sansom/Seconded Clr J Morris)

The Mayor advised that the resolution was carried unanimously.



Item No: DAC006.02 - 03 - 827 FOREST ROAD, PEAKHURST (DA 20030033)
DEMOLITION OF THE EXISTING DWELLING HOUSE AND THE ERECTION OF AN
ATTACHED DUAL OCCUPANCY WITH TORRENS TITLE SUBDIVISION
(Report By Development Assessment Officer, Mr P Nelson)

COMMITTEE'S DECISION:

THAT the application be approved in accordance with the conditions included in the report.

(Moved Clr P Sansom/Seconded Clr C Lee)



Item No: DAC006.03 - 03 - 5 BOYD AVENUE, LUGARNO (DA 20021102)
FIRST FLOOR ADDITION TO EXISTING DWELLING HOUSE
(Report By Development Assessment Officer, Mr T Ristevski)

COMMITTEE'S DECISION:

THAT the application be approved in accordance with the conditions included in the report.

(Moved Clr J Morris/Seconded Clr P Sansom)



Item No: DAC006.04 - 03 - 55 ALLWOOD CRESCENT, LUGARNO (DA 20021092)
ALTERATIONS AND ADDITIONS TO SINGLE DWELLING HOUSE
(Report By Development Assessment Officer, Mr T Ristevski)

COMMITTEE'S DECISION:

THAT the application be approved in accordance with the conditions included in the report, plus the following additional conditions:-


d) The external edge of the proposed deck is to be located at least 900mm from the boundary.
e) A planter screen is to be included along the external edges of the proposed deck to afford privacy to the adjoining property.
f) The applicant is required to repair the retaining wall on the northern portion of the property and to submit a structural engineer's certificate to Council, at the completion of the building works to the dwelling house.

(Moved Clr P Sansom/Seconded Clr J Morris)



Item No: DAC006.05 - 03 - 5 STRINGYBARK PLACE, LUGARNO (DA 20020886)
NEW PART TWO AND PART THREE STOREY DWELLING HOUSE AND
INTERNAL INGROUND SWIMMING POOL
(Report By Development Assessment Officer, Mr T Ristevski)

Interest:
In accordance with the interest declared, Councillor C Lee withdrew from the Committee for the period of debate and voting on this item.

COMMITTEE'S DECISION:

THAT the application be deferred for redesign in order to comply with the Section 88B Restrictive Covenant and the Foreshore Building Line.

(Moved Clr P Sansom/Seconded Clr J Morris)

The Mayor advised that the resolution was carried unanimously.



Item No: DAC006.06 - 03 - 3/37 WOODLANDS AVENUE, LUGARNO (DA 20021000) ERECTION OF A PART 2, PART THREE STOREY DWELLING HOUSE
(Report By Manager - Development Assessment, Mr P Thomas)

COMMITTEE'S DECISION:

THAT the application be redesigned to adhere to the 7m setback from the significant tree on the site, a condition of the original subdivision.

(Moved Clr P Sansom/Seconded Clr J Morris)

The Mayor advised that the resolution was carried unanimously.



Item No: DAC006.07 - 03 - 19 CHARLES STREET, RIVERWOOD (DA 20030076)

PROPOSED DUAL OCCUPANCY DEVELOPMENT WITH DEMOLITION OF
EXISTING DWELLING HOUSE
(Report By Acting Development Assessment Officer, Ms L Sarayeldin)

COMMITTEE'S DECISION:

THAT the application be approved in accordance with the conditions included in the report.

(Moved Clr S McMahon/Seconded Clr B Giegerl)



Item No: DAC006.08 - 03 - 13 BALLANDA AVENUE, LUGARNO (DA 20030017)
ALTERATIONS AND ADDITIONS TO EXISTING DWELLING HOUSE
(Report By Development Assessment Officer, Mr T Ristevski)

COMMITTEE'S DECISION:

THAT the application be granted a deferred commencement approval, pending submission of amended plans which show compliance with the 9m height limit and the fully open, double width carport being located in the driveway area in front of the existing garage.


FURTHER, THAT the application be referred back to the Development Assessment Committee for determination should the amended plans not reflect the required changes.

(Moved Clr P Sansom/Seconded Clr J Morris)



Item No: DAC006.09 - 03 - 68B LLEWELLYN STREET, OATLEY (DA 20020917)
ERECTION OF A TWO STOREY DWELLING HOUSE WITH BASEMENT GARAGES
(Report By Development Assessment Officer, Mr T Ristevski)

Interest:
In accordance with the interest declared, Councillor S Nasser withdrew from the Committee for the period of debate and voting on this item.

COMMITTEE'S DECISION:

THAT the application be approved in accordance with the conditions included in the report, subject to the following additional condition:-


A $1,000 bond be placed on each of the trees on site to ensure their safety and wellbeing during the excavation and construction periods. This bond to be retained for a period of 12 months after completion of the dwelling and refundable in the event that each tree is not damaged in any way.

(Moved Clr P Sansom/Seconded Clr J Morris)



Item No: DAC006.10 - 03 - 69A WOODLANDS AVENUE, LUGARNO (DA 20021122) TORRENS TITLE SUBDIVISION INTO TWO LOTS AND ADJUSTMENT OF
FORESHORE BUILDING LINE
(Report By Town Planner, Ms P Thomson)

COMMITTEE'S DECISION:

THAT the application be deferred for inspection and report by Ward and interested Councillors.

(Moved Clr P Sansom/Seconded Clr J Morris)



Item No: DAC006.11 - 03 - 13A ELWIN STREET, PEAKHURST (DA 20021032)
ERECTION OF A TWO STOREY DWELLING HOUSE
(Report By Development Assessment Officer, Mr P O'Reilly)

COMMITTEE'S DECISION:

THAT the application be deferred and the plans amended to include the following requirements:-


1. The side boundary setback to the northern boundary to be reduced to 900mm to the wall of the dwelling to further improve the solar access to the adjoining premises to the south.

2. The windows facing the objector's property are to be awning type windows with Whitco winders.

3. Submission of a shadow diagram demonstrating that the objector's property will receive 4 hours of sunlight.

Should the plans be so amended, then the application may be approved, subject to conditions as outlined in the report. If the above amendments are not made, then the application to be referred back to the Development Assessment Committee for determination.

(Moved Clr P Sansom/Seconded Clr J Morris)



Item No: DAC006.12 - 03 - 9 LLEWELLYN STREET, OATLEY (DA 20020829)
ERECTION OF A TWO STOREY DWELLING HOUSE
(Report By Development Assessment Officer, Mr T Ristevski)

Interest:
In accordance with the interest declared, Councillor S Nasser withdrew from the Committee for the period of debate and voting on this item.

COMMITTEE'S DECISION:

THAT the application be deferred to clarify the conditions of the right of carriageway adjoining the property in relation to the proposed side vehicular access.

(Moved Clr P Sansom/Seconded Clr J Morris)




The meeting finished at 11.00 pm.


____________________________________
CHAIRPERSON