Hornsby Shire Council Table of Contents
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Item 6 LM2/16 Development Application - Extension of an Existing Vehicle Sales Premises - Section 82A Review - 2-10 Central Avenue, Thornleigh..................................................................... 1
Planning Division
Date of Meeting: 13/04/2016
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ITEM 6 |
PL24/16 - Development Application - Extension of an Existing Vehicle Sales Premises - Section 82A Review - 2-10 Central Avenue, Thornleigh |
Additional information with CHANGE to Recommendation
Group Manager’s Report No. PL24/16 notes that the applicant had not provided owner’s consent for the lodgement of the Development Application. Accordingly, the report recommends the reasons for refusal include that insufficient information has been submitted to demonstrate owner’s consent.
On 12 April 2016, Council received the following additional information in relation to DA/619/2015:
· A signed letter from the Owners’ Corporation - SP 35561; and
· A further letter from the applicant’s planning consultant addressing the reasons for refusal.
The documents are attached to this memo.
The submitted letter from the Owners’ Corporation - SP 35561 constitutes owner’s consent pursuant to Clause 49 of the Environmental Planning and Assessment Regulations 2000. Accordingly, reason for refusal No. 1 in PL24/16 has been addressed and should be deleted.
It is noted that the matters raised in the letter to Council from the planning consultant are addressed in Group Manager’s Report No. PL24/16. Specifically, it is noted that DA/385/1992 approved the use of the Bunnings warehouse fronting Pennant Hills Road. The building complied with the setback requirements of the relevant planning controls at the time (Development Control Plan No. 16, dated 15 January 1992) being an 8m setback from Pennant Hills Road. The development also incorporates landscaping and planting within this 8m setback.
The additional letter from the planning consultant does not address the concerns raised in Group Manager’s Report No. PL24/16 and therefore the reasons for refusal are outlined below.
SCHEDULE 1
REASONS FOR REFUSAL
1. Pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, the proposal does not comply with the minimum 10 metre setback requirement for Thornleigh, as shown in figure 4.2 (i) under Part 4 Business section, of the Hornsby Development Control Plan 2013.
2. Pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, the proposal does not comply with the ‘Landscaping’ controls of Part 4 – Business of the Hornsby Development Control Plan 2013, as the proposed development would remove landscaping within the approved building setback of the site which would not complement the appearance of the buildings.
3. Pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the application does not demonstrate that sufficient visitor/customer parking spaces provided on site.
4. In accordance with Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, the site is not suitable for the proposed development for the following reasons:
a) The proposed location would remove the landscaped setting of the existing development on the site;
b) The development would have a detrimental impact on the streetscape contrary to the desired future character of the area as envisaged by Council in Hornsby Development Control Plan 2013; and
c) The additional display area would require five additional visitors car parking spaces that have not been provided.
5. Pursuant to Section 79C (1)(b) and (e) of the Environmental Planning and Assessment Act 1979, approval of the development would set an undesirable precedent for further inappropriate development and would not be in the public interest.
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THAT Council uphold its decision to refuse Development Application No. DA/619/2015 for the extension of an existing vehicle sales premises at SP 35561, Nos. 2-10 Central Avenue Thornleigh, for the reasons detailed in Schedule 1 of Group Manager’s Report No. PL24/16 as amended by Late Item Memo No. LM2/16. |
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Rod Pickles Manager - Development Assessment Planning Division |
James Farrington Group Manager Planning Division |
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1.View |
12 April 2016 Letter to HSC |
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File Reference: DA/619/2015
Document Number: D06926558
