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DEVELOPMENT ASSESSMENT COMMITTEE

MINUTES OF MEETING

Wednesday, 1st September 2010


The Meeting commenced at 7.04 pm.

PRESENT

Committee Members

Deputy Mayor, Councillor C Hindi (Chairperson)
Councillor V Badalati
Councillor B Giegerl, OAM
Councillor N Liu
Councillor S McMahon
Councillor W Pickering
Councillor A Wagstaff
Councillor C Wong

Council Staff

General Manager, Mr V Lampe
Director Planning & Development, Mr B Daintry
Manager Development Assessment, Mrs T Christy
Manager - Building Control, Ms J Nicol
Team Leader Development Assessment, Ms L Locke
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 His Worship the Mayor, Councillor P Sansom, Councillor A Istephan, Councillor J Jacovou, Councillor D Perry.

RESOLVED THAT the apologies be accepted and leave of absence granted.
(Moved Councillor W Pickering / Seconded Councillor C Wong )

It was noted that Councillor A Wagstaff requested that her name be recorded as having voted against the motion.


DISCLOSURES OF INTEREST

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

Councillor C Hindi - Item DAC089-10 - 30 Mutual Road, Mortdale - non pecuniary, non significant interest as Councillor Hindi's sisters reside in the same street.

Councillor N Liu - Item DAC094-10 - 55 Donald Street, Hurstville - non pecuniary, non significant interest as Councillor Liu resides in the same street.


CONFIRMATION OF MINUTES

RESOLVED THAT the minutes of the meeting of the Development Assessment Committee held on 04/08/2010, as previously made available to each Councillor, be confirmed as a correct record.
(Moved Councillor S McMahon / Seconded Councillor W Pickering )

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

DAC083-10 PK - 39 WATERSIDE PARADE, PEAKHURST - ALTERATIONS AND ADDITIONS TO EXISTING DWELLING - FIRST FLOOR ADDITION, BALCONY TO GROUND FLOOR REAR AND NEW DETACHED CARPORT TO FRONT (09/DA-254)
Committee's Decision

THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor W Pickering / Seconded Councillor S McMahon)

For:

Councillor B Giegerl, OAM, Councillor C Hindi, Councillor N Liu, Councillor S McMahon, Councillor W Pickering, Councillor C Wong

Against:

Councillor V Badalati, Councillor A Wagstaff


DAC084-10 PK - 126 MOONS AVENUE, LUGARNO - INSTALLATION OF AN INCLINATOR (10/DA-159)
Committee's Decision

THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor V Badalati / Seconded Councillor W Pickering)

For:

Councillor V Badalati, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor N Liu, Councillor S McMahon, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
It was noted that the decision was unanimous.


DAC085-10 PK - 51 BAY ROAD, OATLEY - ALTERATIONS AND ADDITIONS - FIRST FLOOR ADDITIONS, GROUND FLOOR ALTERATIONS AND NEW CARPORT (10/DA-168)
Committee's Decision

THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor S McMahon / Seconded Councillor V Badalati)

For:

Councillor V Badalati, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor N Liu, Councillor S McMahon, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
It was noted that the decision was unanimous.


DAC086-10 PK - 107 MYALL STREET, OATLEY - DEMOLITION OF EXISTING STRUCTURES, CONSTRUCTION OF A DETACHED DUAL OCCUPANCY AND SUBDIVISION INTO TWO TORRENS TITLE ALLOTMENTS (10/DA-139)
Committee's Decision

THAT the application be deferred for inspection and report by Ward and interested Councillors.
(Moved Councillor S McMahon / Seconded Councillor A Wagstaff)

For:

Councillor V Badalati, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor N Liu, Councillor S McMahon, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
It was noted that the decision was unanimous.


DAC087-10 PK - 30 SAMUEL STREET, PEAKHURST - DEMOLITION OF EXISTING DWELLING HOUSE AND CONSTRUCTION OF TWO TOWNHOUSES AND ONE VILLA (10/DA-191)
Committee's Decision

THAT the application be deferred for inspection and report by Ward and interested Councillors.
(Moved Councillor V Badalati / Seconded Councillor W Pickering)

For:

Councillor V Badalati, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor N Liu, Councillor S McMahon, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
It was noted that the decision was unanimous.


DAC088-10 PK - 103 OGILVY STREET, PEAKHURST - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A MULTIPLE DWELLING DEVELOPMENT CONTAINING ONE TOWNHOUSE AND THREE VILLAS AND BASEMENT CAR PARKING AREA (10/DA-177:3)
Committee's Decision

THAT the application be deferred for inspection and report by Ward and interested Councillors.
(Moved Councillor S McMahon / Seconded Councillor W Pickering)

For:

Councillor V Badalati, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor N Liu, Councillor S McMahon, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
It was noted that the decision was unanimous.


DAC089-10 PNS - 30 MUTUAL ROAD, MORTDALE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF NEW TWO STOREY ATTACHED DUAL OCCUPANCY DEVELOPMENT WITH TORRENS TITLE SUBDIVISION (10/DA-156)
Note: Having declared a non pecuniary, non significant interest in this item, Councillor C Hindi remained in the Chamber during discussion and voting on this item.

Committee's Decision

THAT the application be refused for redesign due to overshadowing concerns.

FURTHER THAT should the applicant submit a redesign which complies with Council's requirements on overshadowing that the cost of the application be waived.
(Moved Councillor V Badalati / Seconded Councillor W Pickering)

For:

Councillor V Badalati, Councillor B Giegerl, OAM, Councillor N Liu, Councillor S McMahon, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong

Against:

Councillor C Hindi


It was noted that the Deputy Mayor, Councillor C Hindi, vacated the Chair during discussion and voting on the following item. Councillor S McMahon took the Chair.

DAC090-10 HUR - 10 AND 12 HAMPDEN STREET, BEVERLY HILLS - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A RESIDENTIAL FLAT BUILDING CONTAINING FIFTEEN UNITS WITH BASEMENT CAR PARKING AREA AND STRATA SUBDIVISION INTO FIFTEEN LOTS (10/DA-173:2)
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:

Councillor B Giegerl, OAM, Councillor C Hindi, Councillor N Liu, Councillor S McMahon, Councillor C Wong

Against:

Councillor V Badalati, Councillor W Pickering, Councillor A Wagstaff

It was noted that the Deputy Mayor, Councillor C Hindi, resumed the Chair at the conclusion of the above item.


DAC091-10 HUR - 107 KINGSWAY, BEVERLY HILLS - ALTERATIONS AND ADDITIONS TO DWELLING - SINGLE STOREY REAR ADDITION AND GARAGE TO EASTERN BOUNDARY (10/DA-230)
Committee's Decision

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

For:

Councillor V Badalati, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor N Liu, Councillor S McMahon, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
It was noted that the decision was unanimous.


DAC092-10 HUR - 56A GLOUCESTER ROAD, HURSTVILLE - USE OF DWELLING AS HEALTH CONSULTING ROOMS (09/DA-283)
Committee's Decision

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

For:

Councillor V Badalati, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor N Liu, Councillor S McMahon, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
It was noted that the decision was unanimous.


DAC093-10 HUR - 215 GLOUCESTER ROAD, BEVERLY HILLS - ALTERATIONS TO DWELLING - SINGLE STOREY REAR ADDITION (10/DA-223)
Committee's Decision

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

For:

Councillor V Badalati, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor N Liu, Councillor S McMahon, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
It was noted that the decision was unanimous.



DAC094-10 HUR - 55 DONALD STREET, HURSTVILLE - DEMOLITION OF EXISTING DWELLING HOUSE AND CONSTRUCTION OF A NEW TWO STOREY DWELLING HOUSE (10/DA-197)
Note: Having declared a non pecuniary, non significant interest in this item, Councillor N Liu remained in 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 V Badalati / Seconded Councillor N Liu)

For:

Councillor V Badalati, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor N Liu, Councillor S McMahon, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong
It was noted that the decision was unanimous.


It was noted that the Deputy Mayor, Councillor C Hindi, vacated the Chair during discussion and voting on the following item. Councillor S McMahon took the Chair.

DAC095-10 HUR - 103 FOREST ROAD, HURSTVILLE - SECTION 96 MODIFICATION TO MIXED USE DEVELOPMENT INCLUDING INCREASE OF UNIT NUMBERS, INCREASE SIZE OF BUILDING, REDISTRIBUTION OF FLOOR SPACE AND REDESIGN OF PUBLIC PLAZA (2003/DA-1046REV13)
Committee's Decision

THAT the application be refused for the following reasons:

1. The reduction in commercial floor area is considered unsatisfactory in the context that Hurstville City Centre DCP No. 2, Clause 4.2, Block 27 Site 27B provides for a maximum height of 4 storeys and FSR of 1:1 subject to negotiation based upon land use. The existing mix of uses was a determinative factor in the existing and significant variations to development controls that have been granted consent. The significant reduction of commercial floor space from 4,670m2 to 221.9m2 and the removal of the gymnasium facility (2,371m2) is considered unsatisfactory. There is a clear and unambiguous nexus between the approved uses and the variations previously granted consent that would be negated by the significant reduction in such commercial use. It is noted that there is a slight increase in retail and maintenance of a child care facility but the significant reduction of commercial floor space is not supported by Council.

2. The proposed development is not the same as the one originally proposed in the context of the characterisation of the overall concept and the surrounding circumstance of the development application. The reduction in commercial floor area is so significant as to require a new development application.

3. Hurstville City Centre DCP No.2, Clause 4.2, Block 27 Site 27B provides for a maximum height of 4 storeys and FSR of 1:1 subject to negotiation based upon land use. The cumulative impacts of additional heights and FSR cannot be justified under the Hurstville City Centre DCP No. 2 without maintaining the desired mix of uses as to be negotiated with Council under this DCP clause. The additional breach of the maximum height of 4 storeys and FSR of 1:1 in this context is unsatisfactory.

4. The cumulative impacts of the significant non-compliance with the maximum height of 4 storeys and FSR of 1:1 without a significant proportion and broad range of uses being incorporated in the development is not in the public interest.

5. The applicant has failed to provide a detailed traffic analysis that satisfies Council that traffic impacts from the intensification of residential use in the morning and afternoon peaks will not have an adverse impact.

(Moved Councillor C Hindi / Seconded Councillor A Wagstaff)

For:

Councillor V Badalati, Councillor B Giegerl, OAM, Councillor C Hindi, Councillor N Liu, Councillor S McMahon, Councillor W Pickering, Councillor A Wagstaff, Councillor C Wong

It was noted that the decision was unanimous.




The meeting finished at 8.31 pm.



____________________________________
Chairperson