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DEVELOPMENT ASSESSMENT COMMITTEE

MINUTES OF MEETING

Wednesday, 3rd March 2010


The Meeting commenced at 7.03 pm.

PRESENT

Committee Members

His Worship the Mayor, Councillor P Sansom
Councillor B Giegerl, OAM
Councillor C Hindi
Councillor A Istephan
Councillor J Jacovou
Councillor N Liu
Councillor W Pickering
Councillor A Wagstaff
Councillor C Wong

Council Staff

General Manager, Mr V Lampe
Director Planning & Development, Mr B Daintry
Team Leader Development Assessment, Ms L Locke
Manager Building Control, Ms J Nicol
Senior Environmental Health & Building Surveyor, Mr M Alexander
Senior Traffic Engineer, Ms S Selim
Office Team Leader, Mrs L Stephens



APOLOGIES

Apologies for inability to be present were tendered on behalf of Councillor V Badalati, Councillor S McMahon, Councillor D Perry.

RESOLVED THAT the apologies be accepted and leave of absence granted.
(Moved Councillor C Hindi / Seconded Councillor J Jacovou )


DISCLOSURES OF INTEREST

The following Councillors declared an interest in a matter before the Council:

Councillor J Jacovou -
(1) Item DAC019-10 - 16, 16A and 18 Victoria Avenue, Penshurst - significant, pecuniary interest by virtue of the applicant/architect being a client.

(2) Item DAC029-10 - 24 The Avenue, Hurstville - significant, pecuniary interest by virtue of the applicant/architect being a client.

Councillor B Giegerl -
(1) Item DAC018-10 - 742 Forest Road, Peakhurst - no pecuniary interest, however an election sign may have been erected on the site.

Councillor C Wong -
(1) Item DAC024-10 - 2 and 2A Barratt Street and 18-22 Woodville Street, Hurstville - non pecuniary interest as Clr Wong's office was located in the same building, and he has previously declared an interest in the original application.

(2) Item DAC030A - 103 Bassett Street, Hurstville - non pecuniary interest as Clr Wong is renting a property in the same street, and he has previously declared an interest in the original application.

Councillor N Liu -
(1) Item DAC027-10 - 4A Donald Street, Hurstville - non pecuniary, non significant interest as Clr Liu's home is in close proximity to this address.

(2) Item DAC029-10 - 24 The Avenue, Hurstville - non pecuniary, non significant interest as Clr Liu's husband's company is situated in the area.



CONFIRMATION OF MINUTES

RESOLVED THAT the minutes of the meeting of the Development Assessment Committee held on 03/02/2010, as previously made available to each Councillor, be confirmed as a correct record.
(Moved Councillor C Hindi / Seconded Councillor A Istephen )

The Mayor advised that the decision was unanimous.

Note

The Council at its meeting held on 22nd 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

DAC014-10 PK - 125 BOUNDARY ROAD, PEAKHURST - DEMOLITION OF EXISTING INDUSTRIAL BUILDING AND CONSTRUCTION OF A WAREHOUSE WITH BASEMENT CAR PARKING AREA (09/DA-52)
Committee's Decision

THAT the application be deferred for referral to the Roads and Traffic Authority as resolved at the Development Assessment Committee meeting on 2nd February, 2010.
(Moved Councillor A Wagstaff / Seconded Councillor W Pickering)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong

The Mayor advised that the decision was unanimous.


DAC015-10 PK - 11/37 WOODLANDS AVENUE, LUGARNO - SECTION 96 MODIFICATION FOR ADDITIONAL EXCAVATION ON NORTHERN SIDE OF SITE AND RELOCATION OF RAINWATER TANKS (2007/DA-412REV1)
Committee's Decision

THAT the Section 96 application be refused for the following reasons:

1. Taking into consideration Clause 19B of the Hurstville Local Environmental Plan, 1994 the excavation has a devastating impact on the natural topography of the site.

2. The proposed excavation is likely to adversely impact upon the significant Eucalypt Pipertia to the north of the site. This tree is significant and worthy of retention.

THAT the unauthorised works be remediated in compliance with the originally approved plans, which includes construction of a retaining wall at a point where excavation would have ceased and backfilling to that point.

FURTHER THAT the matter be referred to Manager – Building Control for appropriate investigation and action.
(Moved Councillor C Hindi / Seconded Councillor A Istephan)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong

The Mayor advised that the decision was unanimous.


DAC016-10 PK - 92 MOONS AVENUE, LUGARNO - SECTION 82A REVIEW OF DETERMINATION - DEMOLITION OF EXISTING OUTBUILDING AND CONSTRUCTION OF NEW PART ONE/PART TWO STOREY BOATSHED/STUDIO ROOM (09/DA-89:2)
Committee's Decision

THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor C Hindi / Seconded Councillor B Giegerl, OAM)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor C Wong

Against:

Councillor W Pickering, Councillor A Wagstaff

The Mayor advised that the decision was unanimous.


DAC017-10 PK - 13 PRITCHARD PLACE, PEAKHURST - SECTION 96 MODIFICATION APPLICATION TO AMEND A LIMITED CONSENT TO A PERMANENT CONSENT FOR THE HOURS OF OPERATION OF AN ENGINEERING FACTORY (88/DA-3:3)
Committee's Decision

THAT the application be determined as detailed in the report.
(Moved Councillor C Hindi / Seconded Councillor A Istephan)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
The Mayor advised that the decision was unanimous.


DAC018-10 PNS - 742 FOREST ROAD, PEAKHURST - ADDITION OF CAR WASH AND CAFE WITH ALTERATIONS TO PETROL STATION (08/DA-83)
Committee's Decision

THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor C Hindi / Seconded Councillor J Jacovou)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
The Mayor advised that the decision was unanimous.


DAC019-10 PNS - 16, 16A AND 18 VICTORIA AVENUE, PENSHURST - DEMOLITION OF EXISTING DWELLING HOUSES AND CONSTRUCTION OF THREE STOREY RESIDENTIAL FLAT BUILDING (09/DA-325:2)
Interest: In accordance with the interest declared, Councillor J Jacovou left the Chamber during discussion and voting on this item.

Committee's Decision

THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor C Hindi / Seconded Councillor A Istephan)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor A Istephan, Councillor N Liu, Councillor W Pickering, Councillor C Wong

Against:

Councillor A Wagstaff

Not Present:

Councillor J Jacovou


DAC020-10 HUR - 28 ST ELMO PARADE, KINGSGROVE - ALTERATIONS AND ADDITIONS TO SINGLE STOREY DWELLING AND NEW FRONT GARAGE (09/DA-385)
Committee's Decision

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

FURTHER THAT the matter be referred to the Manager - Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council's adopted Enforcement Policy.
(Moved Councillor A Istephan / Seconded Councillor N Liu)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
The Mayor advised that the decision was unanimous.


DAC021-10 HUR - 471 KING GEORGES ROAD, BEVERLY HILLS - ALTERATIONS AND ADDITIONS TO THE EXISTING BUILDING AND USE AS A RESTAURANT WITH ASSOCIATED SIGNAGE (09/DA-357)
Committee's Decision

THAT the application be approved in accordance with the conditions included in the report, and a further condition requiring installation of adequate lighting at the rear of the property for security and safety reasons in accordance with the relevant Australian Standards in respect of adequate lighting and obtrusive effects of outdoor lighting on adjoining premises.
(Moved Councillor C Hindi / Seconded Councillor A Wagstaff)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
The Mayor advised that the decision was unanimous.


DAC022-10 HUR - 297-299 STONEY CREEK ROAD, KINGSGROVE - SECTION 96 MODIFICATION FOR ADDITIONAL FLOOR SPACE TO ALL DWELLINGS AND MINOR INTERNAL ALTERATIONS (2006/DA-389REV3)
Committee's Decision

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

FURTHER THAT the matter be referred to the Manager – Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy.
(Moved Councillor C Hindi / Seconded Councillor W Pickering)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor J Jacovou, Councillor N Liu, Councillor W Pickering, Councillor C Wong

Against:

Councillor A Wagstaff


DAC023-10 HUR - 35 PALLAMANA PARADE, BEVERLY HILLS - ALTERATIONS AND ADDITIONS TO DWELLING - ADDITION TO DWELLING AND NEW DECK AND AWNING, ATTACHED GARAGE EXTENSION AND INCREASED PAVING IN REAR YARD (09/DA-486)
Committee's Decision

THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor C Hindi / Seconded Councillor A Wagstaff)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
The Mayor advised that the decision was unanimous.


DAC024-10 HUR - 2 AND 2A BARRATT STREET AND 18-22 WOODVILLE STREET, HURSTVILLE - SECTION 96 MODIFICATION - ALTERATION TO CONDITION 41 OF CONSENT TO VARY SECTION 94 CONTRIBUTIONS FOR DEFICIENT PARKING (08/DA-208:3)
Interest: In accordance with the interest declared, Councillor C Wong left the Chamber during discussion and voting on this item.

Committee's Decision

THAT the application be refused for the reasons stated in the report.
(Moved Councillor C Hindi / Seconded Councillor W Pickering)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor J Jacovou, Councillor N Liu, Councillor W Pickering, Councillor A Wagstaff

Against:

Councillor A Istephan (abstained)

Not Present:

Councillor C Wong


DAC025-10 HUR - 29-31 DORA STREET, HURSTVILLE - SECTION 96 MODIFICATION TO APPROVED MEDICAL CENTRE - MODIFY HOURS OF BUILDING WORKS (2005/DA-607REV4)
Committee's Decision

THAT the application be refused for the following reasons:-

1. Any extension to hours of building work is likely to have an adverse impact upon the amenity of the neighbourhood in terms of noise and light spill.

2. The cumulative effect of allowing such extended hours of building work in the mixed use environment of the Hurstville City Centre would result in a degradation of the residential amenity of the City Centre.

3. Council has maintained a consistent enforcement of hours of building work through development consent conditions in the whole Local Government Area and will not abandon this fair and consistent approach relied upon to protect the amenity of residents during development work.

4. It is not in the public interest.
(Moved Councillor C Hindi / Seconded Councillor A Wagstaff)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor J Jacovou, Councillor N Liu, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong

Not Present:

Councillor A Istephan
The Mayor advised that the decision was unanimous.


DAC026-10 HUR - 85 DONALD STREET, HURSTVILLE - DEMOLITION OF EXISTING BUILDING AND CONSTRUCTION OF NEW PART TWO/PART THREE STOREY DWELLING AND FRONT FENCE (09/DA-438)
Committee's Decision

THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor C Hindi / Seconded Councillor C Wong)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor A Wagstaff, Councillor C Wong

Not Present:

Councillor W Pickering
The Mayor advised that the decision was unanimous.


DAC027-10 HUR - 4A DONALD STREET, HURSTVILLE - SECTION 96 MODIFICATION TO REAR BALCONY AND SOUTHERN SIDE GROUND FLOOR SETBACK TO APPROVED DWELLING HOUSE (2009/DA-144REV1)
Committee's Decision

THAT the application be deferred for inspection and report by Ward and interested Councillors.
(Moved Councillor C Hindi / Seconded Councillor C Wong)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
The Mayor advised that the decision was unanimous.


DAC028-10 HUR - 6 CLEVEDON ROAD, HURSTVILLE - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF TWO STOREY DWELLING HOUSE AND FRONT FENCE (09/DA-469)
Committee's Decision

THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor C Hindi / Seconded Councillor A Istephan)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
The Mayor advised that the decision was unanimous.


DAC029-10 HUR - 24 THE AVENUE, HURSTVILLE - SECTION 96 MODIFICATION TO APPROVED MIXED DEVELOPMENT INVOLVING AMENDMENT TO GROUND FLOOR COMMUNAL OPEN SPACE (09/DA-155:4)
Interest: In accordance with the interest declared, Councillor J Jacovou left the Chamber during discussion and voting on this item.

Committee's Decision

THAT the Section 96 application for modification to the approved mixed development involving amendments to the ground floor open space by allocating the communal open space located at the rear of the site to Unit 1, be approved, subject to appropriate conditions.
(Moved Councillor C Hindi / Seconded Councillor A Istephan)

For:

His Worship the Mayor, Councillor P Sansom, Councillor C Hindi, Councillor A Istephan, Councillor N Liu, Councillor C Wong

Against:

Councillor B Giegerl, OAM (abstained), Councillor W Pickering, Councillor A Wagstaff

Not Present:

Councillor J Jacovou


DAC030A-10 HUR - 103 BASSETT STREET, HURSTVILLE - SECTION 96 MODIFICATION TO APPROVED DUAL OCCUPANCY INVOLVING UNAUTHORISED WORKS FOR THE RETENTION OF AN EXISTING SHED TO THE REAR OF UNIT 2 (09/DA-150:4)
Committee's Decision

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

THAT an Order be served for the demolition of the unauthorised secondary dwelling to the rear of Unit 2.

FURTHER THAT the matter be referred to the Manager – Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy.
(Moved Councillor C Hindi / Seconded Councillor W Pickering)

For:

His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor A Istephan, Councillor N Liu, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong

Not Present:

Councillor J Jacovou






The meeting finished at 8.28 pm.



____________________________________
Chairperson