HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
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MINUTES OF THE DEVELOPMENT ASSESSMENT COMMITTEE MEETING
HELD ON WEDNESDAY, 5TH OCTOBER, 2005 AT 7.10 PM




PRESENT

Committee Members:


Acting Mayor, Councillor P Sansom (Chairperson)
Councillor B Giegerl
Councillor S Grekas
Councillor C Hindi
Councillor C Lee
Councillor S McMahon
Councillor C Minns

Councillor J Morris (arrived 7.15 pm)
Councillor C Wong

Council Staff:

Director - Policy, Planning & Environment, Ms R Tyne
Manager - Development Control, Mr G Young
Manager - Development Assessment, Mr P Thomas
Manager - Administration, Development Control, Mr G Scotton
Traffic Engineer, Ms M Whitehurst

Office Team Leader, Mrs L Stephens


APOLOGIES
Apologies for inability to be present were tendered on behalf of Councillors V Badalati (Mayor), W Pickering, D Gillespie and J Morris (for late arrival) .

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

(Moved Clr C Hindi/Seconded Clr C Lee)


CONFIRMATION OF MINUTES

Development Assessment Committee Meeting - 7th September, 2005

RESOLVED THAT the Minutes of the meeting of the Development Assessment Committee held on 7th September, 2005, as previously circulated to each Councillor, be confirmed as a correct record.

(Moved Clr C Hindi/Seconded Clr S Grekas)


DISCLOSURE OF INTEREST

The following Councillor declared an interest in a matter before the Committee:

Councillor J Morris - Item DAC026.02-05 - 2C Boundary Road, Mortdale (DA 20050385)

by virtue of residing in the vicinity of the proposal.

Note: Councillor J Morris requested it be noted that the proposal located at 1 Martin Place, Mortdale (DA 20050092) is some distance from her residence, and will have no impact on her property.


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: DAC025 - 05 - DEVELOPMENT APPLICATION - PEAKHURST WARD

(Report by Director - Policy, Planning and Environment, Ms R Tyne)

COMMITTEE'S DECISION:

THAT the information be received and noted.

(Moved Clr J Morris/Seconded Clr C Hindi)


Item No: DAC025.01 - 05 - 5 PHILLIP STREET, RIVERWOOD - DEMOLITION OF EXISTING DWELLING HOUSE AND CONSTRUCTION OF THREE STOREY RESIDENTIAL FLAT BUILDING WITH BASEMENT PARKING AND STRATA SUBDIVISION
(Report by Development Assessment Officer, Ms T Gizzi) DA 20050333

COMMITTEE'S DECISION:

THAT the matter be deferred to review the consistency of Council's decisions relating to variations on density requirements in unit developments, and consideration of densities in Phillip Street.

(Moved Clr J Morris/Seconded Clr C Hindi)


Item No: DAC025.02 - 05 - 6 MCMANUS PLACE, LUGARNO - ERECTION OF A TWO STOREY MASONRY OUTBUILDING
(Report by Development Assessment Officer, Mr W Oslan) DA 20050318

COMMITTEE'S DECISION:

THAT the application be refused for the reasons stated in the report.

(Moved Clr J Morris/Seconded Clr S McMahon)





Item No: DAC026 - 05 - 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 S McMahon/Seconded Clr C Hindi)


Item No: DAC026.01 - 05 - 598-602 FOREST ROAD, PENSHURST - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A TWO STOREY MIXED
RETAIL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT
PARKING

(Report by Manager - Development Assessment, Mr P Thomas and Senior Town Planner, Ms T Christy) DA 20040525

COMMITTEE'S DECISION:

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

(Moved Clr S McMahon/Seconded Clr C Hindi)


Item No: DAC026.02 - 05 - 2C BOUNDARY ROAD, MORTDALE - PROPOSED SUNDAY ONCE A MONTH MARKET STALLS
(Report by Development Assessment Officer, Ms F Heretis) DA 20050385

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

COMMITTEE'S DECISION:

Part A :

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 20050385 for once a month market stalls on Lot 1 DP 432792, Lot 14 and 15 Sec F DP 2921 known as Jubilee Park (Mortdale Memorial Park) 2C Boundary Road, Mortdale, subject to the attached conditions:

1. Standard conditions for office/commercial development.

2. This consent is limited to a trial period of six (6) event days from the endorsement date, at which time the applicant is required to submit a Section 96 application for determination by Council to extend the period of the consent, subject to satisfactory conduct during the trial period.

3. Plans

Drawing No
Date
Description
Drawn By
A
25 Jul 05
Stalls Layout Plan
-
B
27 Jul 05
Site Plan
-

Health

4. Each individual stall selling, handling or preparing food is to comply with the Food Act 2003 Section 21 (Food Standards Code).

Building

5. Access for persons with disabilities must be provided to and throughout the market stall area in accordance with the requirements of the Building Code of Australia and AS 1428.1.

6. Entry/exit points shall be kept clear at all times and be clearly visible by occupants of the market area.

7. Appropriate signage to be provided on both sides of the one lane rail bridge on Boundary Road advising of the event. In this regard the applicant should consult with both Hurstville and Kogarah Councils.

Part B:

FURTHER THAT the events are to be monitored by the Traffic Committee for traffic flow, road safety and parking issues, taking into account the points raised by the Traffic Committee in their report.

(Moved Clr B Giegerl/Seconded Clr C Hindi)


Item No: DAC026.03 - 05 - 1 MARTIN PLACE, MORTDALE - CONSTRUCTION OF A PART 3/PART 4 STOREY RESIDENTIAL FLAT BUILDING (6 X 2 BEDROOM DWELLINGS)
(Report by Development Assessment Officer, Ms T Gizzi) DA 20050092

COMMITTEE'S DECISION:

THAT the application be refused for the reasons stated in the report.

(Moved Clr S McMahon/Seconded Clr B Giegerl)


Item No: DAC026.04 - 05 - 477-479 KING GEORGES ROAD, BEVERLY HILLS - ALTERATIONS AND ADDITIONS TO EXISTING COMMERCIAL BUILDING
(Report by Development Assessment Officer, Ms T Gizzi) DA 20040780

COMMITTEE'S DECISION:

THAT the application be deferred for Councillors' briefing, site inspection and report.

(Moved Clr C Hindi/Seconded Clr J Morris)


Item No: DAC026.05 - 05 - 1 VICTORIA AVENUE, PENSHURST - FOUR STOREY MIXED RETAIL AND RESIDENTIAL DEVELOPMENT WITH ASSOCIATED
PARKING

(Report by Senior Town Planner, Ms T Christy) DA 20040797

COMMITTEE'S DECISION:

THAT the application be approved in accordance with the conditions included in the report, and inclusion of the following:-


B. THAT Council accept the applicant's verbal offer to contribute a bond towards the upgrading, by way of traffic management devices, of the intersection of Penshurst Lane and Penshurst Street, that may be required as a result of the development. The applicant is to confirm this offer in writing in the form of a Bank Guarantee for the amount of $80,000. The Bank Guarantee is to be lodged with Council prior to the issue of the Construction Certificate and will be held for a period of six months after the issue of the occupation certificate. Should such traffic management devices not be required, then the Bank Guarantee is to be released in full.

C. THAT prior to release of the Bank Guarantee, a report be prepared by Council's Traffic Engineer and submitted to the Traffic Committee.

(Moved Clr S McMahon/Seconded Clr C Minns)


Item No: DAC027 - 05 - 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 C Hindi/Seconded Clr S Grekas)


Item No: DAC027.01 - 05 - 292-298 FOREST ROAD, HURSTVILLE - MIXED COMMERCIAL/RETAIL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING
(Report by Manager - Development Assessment, Mr P Thomas and
Senior Town Planner, Ms T Christy) DA 20040336

COMMITTEE'S DECISION:

THAT the application be granted a deferred commencement consent in accordance with the conditions included in the report.

(Moved Clr C Hindi/Seconded Clr S Grekas)



Motion of urgency:

Councillor J Morris sought permission to move a motion as a matter of urgency.

(Moved Clr J Morris/Seconded Clr C Hindi)

The Acting Mayor, Clr P Sansom, granted permission for the motion to be raised.

Motion:

Conflict between the Local Government Act, Freedom of Information Act and the PPIPA - 2004 Local Government Association Conference Motion 184:

THAT as a matter of urgency Council write to the Director General, Department of Local Government, seeking an update on the preparation of an amended model Privacy Management Plan and Code of Practice for Local Government that properly addresses conflicts between the NSW Privacy Act, the Local Government Act and Freedom of Information legislation.

(Moved Clr J Morris/Seconded Clr C Hindi)

The above motion, on being put to the meeting, was declared CARRIED.



The meeting finished at 9.48 pm.


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CHAIRPERSON