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DEVELOPMENT ASSESSMENT COMMITTEE

MINUTES OF MEETING

Wednesday, 3rd August 2011


The Meeting commenced at 7:04pm.

PRESENT

Committee Members

His Worship the Mayor, Councillor P Sansom
Deputy Mayor, Councillor C Hindi
Councillor V Badalati
Councillor B Giegerl, OAM
Councillor A Istephan
Councillor J Jacovou
Councillor N Liu
Councillor S McMahon
Councillor D Perry
Councillor W Pickering, OAM
Councillor C Wong

Council Staff

General Manager, Mr V Lampe
Manager Development Assessment, Mrs T Christy
Team Leader Development Assessment, Ms L Locke
Senior Environmental Health & Building Surveyor, Mr M Alexander
Senior Traffic Engineer, Ms S Selim
Governance Officer, Mr H Cavill


APOLOGIES

Apologies for inability to be present were tendered on behalf of Councillor A Wagstaff.

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


DISCLOSURES OF INTEREST

The following Councillor/s declared an interest in a matter before the Council:

Councillor Jacovou declared a significant interest in the item DAC093A-11 63 Waratah Street Oatley - Demolition of an Existing Dwelling House and Construcation of an Attached Dual Occupancy as he has provided legal services to the applicant.


CONFIRMATION OF MINUTES

RESOLVED THAT the minutes of the meeting of the Development Assessment Committee held on 06/07/2011, as previously made available to each Councillor, be confirmed as a correct record.
(Moved Councillor C Hindi / Seconded Councillor S McMahon)
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

DAC086A-11 PK - 11 ALSACE LANE, PEAKHURST HEIGHTS - SECTION 96 APPLICATION TO ALTER GARAGE SETBACK TO 5.2M AND PROVIDE REAR ROOF TERRACE AT SAME LEVEL AS ADJUSTMENT LIVING AREA (2010/DA-301REV1)
Committee's Decision

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

FURTHER THAT should the applicant wish to lodge a Section 82A review, Council will waive the relevant fees.
(Moved Councillor C Hindi / Seconded Councillor J Jacovou)

For:

His Worship the Mayor, Councillor P Sansom, Councillor V Badalati, Councillor B Giegerl, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor S McMahon, Councillor D Perry, Councillor W Pickering, Councillor C Wong

Against:



It was noted that this was carried unanimously.


DAC087A-11 PK - 121A MULGA ROAD, OATLEY - DEMOLITION OF EXISTING DWELLING AND REAR OF SHOP AND UNDERTAKE ALTERATIONS AND ADDITIONS AND USE FIRST FLOOR AS A MEDICAL CENTRE (11/DA-114)
Committee's Decision

THAT the application be approved in accordance with Council's standard conditions due to the benefit to the community of a new medical centre outweighing the on-stite parking deficit.
(Moved Councillor V Badalati / Seconded Councillor S McMahon)

For:

His Worship the Mayor, Councillor P Sansom, Councillor V Badalati, Councillor B Giegerl, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor S McMahon, Councillor D Perry, Councillor W Pickering, Councillor C Wong

Against:



It was noted that this was carried unanimously.


DAC088A-11 PK - 56 LANSDOWNE PARADE, OATLEY - SECTION 96 MODIFICATION TO AN APPROVED DWELLING, INTERNAL AND EXTERNAL ALTERATIONS AND NEW ROOF (99/DA-1199:2)
Committee's Decision

THAT the application be approved in accordance with the conditions included in the report, with the exception of the deletion of condition 4B to allow a 20 degree roof pitch.

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 J Jacovou)

For:

His Worship the Mayor, Councillor P Sansom, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor S McMahon, Councillor D Perry, Councillor C Wong

Against:

Councillor V Badalati, Councillor B Giegerl, Councillor W Pickering



DAC089A-11 PK - 26 LLEWELLYN STREET, OATLEY - CONSTRUCTION OF A NEW SINGLE DWELLING HOUSE (10/DA-509)
Committee's Decision

THAT the application be refused in accordance with the reasons stated in the report.
(Moved Councillor C Hindi / Seconded Councillor J Jacovou)

For:

His Worship the Mayor, Councillor P Sansom, Councillor V Badalati, Councillor B Giegerl, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor S McMahon, Councillor D Perry, Councillor W Pickering, Councillor C Wong

Against:



It was noted that this was carried unanimously.


DAC090A-11 PK - 28 JOHNSTONE STREET, PEAKHURST - DEMOLITION OF EXISTING AND CONSTRUCTION OF SIX X TWO STOREY DWELLINGS WITH BASEMENT PARKING AND STRATA SUBDIVISION – AFFORDABLE HOUSING (11/DA-96)
Committee's Decision

THAT the application be refused for the reasons stated within the report.
(Moved Councillor C Hindi / Seconded Councillor J Jacovou)

For:

His Worship the Mayor, Councillor P Sansom, Councillor V Badalati, Councillor B Giegerl, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor S McMahon, Councillor D Perry, Councillor W Pickering, Councillor C Wong

Against:



It was noted that this was carried unanimously.


DAC091A-11 PNS - 3/159 PENSHURST STREET, BEVERLY HILLS - SECTION 96 MODIFICATION FOR CHANGE OF TRADING HOURS - FRUIT AND VEGETABLE WHOLESALE TO COMMENCE AT 4.00AM AND CEASE AT 7.00PM, MONDAY TO SATURDAY (2005/DA-591REV1)
Committee's Decision

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

For:

His Worship the Mayor, Councillor P Sansom, Councillor V Badalati, Councillor B Giegerl, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor S McMahon, Councillor W Pickering, Councillor C Wong

Against:

Councillor D Perry


DAC092A-11 PNS - 598-602 FOREST ROAD, PENSHURST - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF TWO STOREY BUILDING COMPRISING 2 X COMMERCIAL OFFICES, 11 X 2 BEDROOM UNITS, 8 X 1 BEDROOM UNITS, BASEMENT CAR PARKING AND STRATA SUBDIVISION (10/DA-515:4)
Committee's Decision

THAT the matter be deferred for a redesign to increase the rear setback to a minimum of 3m for the whole of the rear of the site.
(Moved Councillor C Hindi / Seconded Councillor J Jacovou)

For:

His Worship the Mayor, Councillor P Sansom, Councillor V Badalati, Councillor B Giegerl, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor S McMahon, Councillor D Perry, Councillor W Pickering, Councillor C Wong

Against:



It was noted that this was carried unanimously.

As he had declared an interest, Councillor Jacovou left the Chamber at 8:04pm and was absent for voting on the following item.


DAC093A-11 PNS - 63 WARATAH STREET OATLEY - DEMOLITION OF EXISTING DWELLING HOUSE AND CONSTRUCTION OF AN ATTACHED DUAL OCCUPANCY (10/DA-521)
Committee's DecisionTHAT the application be approved with an added condition that the proposed pools are to comply with Council's DCP provisions, particularly with respect of height above natural ground level. Details are to be shown with the Construction Certificate.
(Moved Councillor C Hindi / Seconded Councillor A Istephan)

For:

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

Against:

Councillor B Giegerl, Councillor S McMahon, Councillor D Perry, Councillor W Pickering, OAM

Not Present:

Councillor J Jacovou

Councillor Jacovou returned to the Chamber at 8:19pm.


DAC094A-11 PNS - 16-18 PENSHURST STREET, PENSHURST - FIT OUT AND USE OF PREMISES AS A 24 HOUR JETTS FITNESS CLUB (GYMNASIUM) (11/DA-135)
Committee's Decision

THAT the application be approved in accordance with the conditions included in the report, however the hours be limited to 6:00am to midnight for seven days on a six month trial basis with the applicant to apply to Council to reconsider the hours of operation after the trial.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)

For:

His Worship the Mayor, Councillor P Sansom, Councillor V Badalati, Councillor B Giegerl, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor S McMahon, Councillor D Perry, Councillor W Pickering, Councillor C Wong

Against:



It was noted that this was carried unanimously.


DAC095A-11 PNS - 8 QUEENSBURY ROAD AND 9A AND 11 HAWK STREET, PENSHURST - ALTERATIONS AND ADDITIONS TO THE EXISTING RESIDENTIAL CARE FACILITY INCLUDING NEW TWO STOREY EXTENSION AND CONSOLIDATION OF THE SITE UNDER STATE ENVIRONMENTAL PLANNING POLICY (HOUSING FOR SENIORS AND PEOPLE WITH A DISABILITY) 2004 (10/DA-76:3)
Committee's Decision

THAT the matter be deferred for a site inspection.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)

For:

His Worship the Mayor, Councillor P Sansom, Councillor V Badalati, Councillor B Giegerl, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor S McMahon, Councillor D Perry, Councillor W Pickering, Councillor C Wong

Against:



It was noted that Councillor Istephan left the Chamber at 8:30pm and returned at 8:51pm.

It was noted that Councillor Hindi left the Chamber at 8:30pm and returned at 8:32pm.

It was noted that this was carried unanimously.


DAC096A-11 HUR - 226A GLOUCESTER ROAD, HURSTVILLE - NEW CARPORT TO FRONT OF DWELLING (11/DA-181)
Committee's Decision

THAT the matter be deferred for a site inspection.
(Moved Councillor C Hindi / Seconded Councillor A Istephan)

For:

His Worship the Mayor, Councillor P Sansom, Councillor V Badalati, Councillor B Giegerl, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor S McMahon, Councillor D Perry, Councillor W Pickering, Councillor C Wong

Against:


It was noted that Councillor Hindi left the Chamber at 8:56pm and returned at 8:57pm.

It was noted that this was carried unanimously.



DAC097A-11 HUR - 225H FOREST ROAD, HURSTVILLE - SECTION 96(1A) MODIFICATION TO DELETE CONDITION 57 WHICH ALLOWS ONE (1) HOUR FREE PARKING IN THE HURSTVILLE CENTRAL SHOPPING CENTRE (2005/DA-231REV6)
Committee's Decision

THAT the application be refused.
(Moved Councillor D Perry / Seconded Councillor S McMahon)

For:

Councillor V Badalati, Councillor B Giegerl, Councillor C Hindi, Councillor N Liu, Councillor S McMahon, Councillor D Perry, Councillor W Pickering, Councillor C Wong

Against:

His Worship the Mayor, Councillor P Sansom, Councillor A Istephan, Councillor J Jacovou


Procedural Motion
THAT item DAC099A-11 be considered before DAC098A-11 due to the presence of speakers in the gallery.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)


DAC099A-11 3 MARINE DRIVE, OATLEY - BUILDING CERTIFICATE APPLICATION - UNAUTHORISED BUILDING WORK (10/1042)
Committee's Decision

THAT the report be received and noted.

THAT the Building Certificate addressing the unauthorised building works be issued, subject to a note that the Building Certificate does not express or imply approval for any encroachments by fencing and/or retaining walls onto adjoining properties. Works as outlined in the report are to be completed prior to the issue of the Building Certificate. These being:

a) An inspection of an exposed section of the timber sleeper retaining wall to the eastern side boundary is to be carried out by Council Officers so as to verify the construction methods of the wall and the foundation material it bears on.

b) Hedge planting is to be provided to the western side boundary, to the rear portion of the site and in line with the newly constructed retaining wall. Densely foliage hedge style shrubs are to be utilised. Plants must be mature aged advanced specimens. Details are to be submitted to and approved by Council prior to works being carried out.

c) A Structural Engineer’s Certificate is to be furnished to Council pertaining to the structural adequacy of the newly constructed masonry wall constructed to the rear portion of the western side boundary.

d) Weep holes or similar style drainage relief is to be provided to the newly constructed masonry wall located at the rear of the western side boundary. Details are to be submitted to and approved by Council prior to works being carried out.

e) A written agreement outlining the works to be carried out to address the encroachment and dividing fence issues between 3 and 5 Marine Drive is to be prepared and signed by all property owners. Works are to be carried out prior to the issue of the Building Certificate.

FURTHER THAT future and currently undetermined Building Certificate applications which seek to remedy unauthorised building work be neighbour notified to those premises directly impacted, allowing fourteen (14) days for neighbours to submit any concerns or objections to Council.
(Moved Councillor J Jacovou / Seconded Councillor C Hindi)

For:

His Worship the Mayor, Councillor P Sansom, Councillor V Badalati, Councillor B Giegerl, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor S McMahon, Councillor D Perry, Councillor W Pickering, Councillor C Wong

Against:



It was noted that Councillor McMahon left the Chamber at 9:32pm and returned at 9:40pm.

It was noted that Councillor Hindi left the Chamber at 9:35pm and returned at 9:36pm.

It was noted that Councillor Hindi left the Chamber at 9:52pm and returned at 9:57pm.

It was noted that Councillor Wong left the Chamber at 10:13pm and returned at 10:15pm.

It was noted that this was carried unanimously.



DAC098A-11 HUR - 82 MELVIN STREET, BEVERLY HILLS - SECTION 96 APPLICATION TO AN APPROVED MULTIPLE DWELLING DEVELOPMENT FOR UNAUTHORISED WORKS (2009/DA-273REV1)
Committee's Decision

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

FURTHER THAT the matter be referred to Council’s Manager – Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 (as amended) in accordance with Council’s adopted Enforcement Policy, with four Penalty Infringement Notices to be issued for a total fine of $3000.
(Moved Councillor C Hindi / Seconded Councillor A Istephan)

For:

His Worship the Mayor, Councillor P Sansom, Councillor V Badalati, Councillor B Giegerl, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor S McMahon, Councillor D Perry, Councillor W Pickering, Councillor C Wong

Against:



It was noted that this was carried unanimously.



The meeting finished at 10:24pm.



____________________________________
Chairperson