MINUTES OF Planning Meeting
Held at Council
Chambers, HORNSBY
on Wednesday, 5 November, 2008
at 6:39 pm
PRESENT
Councillors Berman (Chairperson), Chopra, Evans, Hutchence,
Martin, Mills, Russell and Smart
NATIONAL
ANTHEM
OPENING
PRAYER
Pastor James Sutherland, from
Thornleigh Community Baptist
Church, opened the
Meeting in prayer.
Acknowledgement
of RELIGIOUS DIVERSITY
Statement
by the Chairperson:
"We recognise our Shire's rich cultural and religious diversity and
we acknowledge and pay respect to the beliefs of all members of our community,
regardless of creed or faith."
ABORIGINAL
RECOGNITION
Statement by the Chairperson:
"We
recognise the traditional inhabitants of the land we are meeting on tonight,
the Darug and Guringai Aboriginal people, and respect is paid to their elders
and their heritage."
AUDIO
RECORDING OF COUNCIL MEETING
Statement by the Chairperson:
"I advise all present that tonight's meeting
is being audio recorded for the purpose of assisting in the accuracy of the
Minutes. The recordings may be accessed
by members of the public once the Minutes have been finalised and speakers are
requested to ensure their comments are relevant to the issue at hand and
refrain from making personal comments or criticisms."
APOLOGIES
RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Hutchence,
THAT an apology be
received and accepted for the non-attendance of COUNCILLORS BROWNE and
MCMURDO.
|
declarations
of interest
COUNCILLOR HUTCHENCE declared a non-significant
non-pecuniary interest in Item 3 - Report No. PLN209/08 – Development Application –
Erection of a Dwelling-House on a Battle-Axe Allotment (Proposed Lot 11) 66-68 Castle Howard Road,
Beecroft. Refer to that Item for details.
COUNCILLOR HUTCHENCE declared a non-significant
non-pecuniary interest in Item 4 - Report No. PLN210/08 – Development
Application – Erection of a Dwelling-House on a Battle-Axe Allotment (Proposed Lot 12) 66-68
Castle Howard Road, Beecroft. Refer to that Item
for details.
confirmation
of minutes
RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
THAT the Minutes
of the Planning Meeting held on Wednesday 15 October 2008 be confirmed, a
copy having been distributed to all Councillors.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart.
AGAINST: NIL.
|
petitions
Nil.
Mayoral
Minutes
Nil.
Notices
of Motion
Nil.
Rescission
Motions
1 RM8/08 Rescission Motion - Development Application No. DA/928/2007 at
Lot 12 DP 1079875 (No. 2A) Manor Road
(DA/928/2007)
|
Ms Pauline Fisher-Mou, of
Hornsby, addressed Council regarding this item.
Mr Eng-Joo Ong, of Hornsby, on behalf of the Mount Wilga Neighbourhood
Group, addressed Council regarding this item.
Mr Jim Blake, of Hornsby, addressed Council regarding this item.
Mr Richard Ford, of Hornsby, on
behalf of the Mount Wilga Neighbourhood Group, addressed Council regarding
this item.
Mr Andrew Chappell, on behalf of Austcorp, addressed Council regarding
this item.
RESOLVED ON THE MOTION OF COUNCILLOR Russell, seconded by COUNCILLOR Mills,
THAT the resolution adopted at the Planning Meeting held on 15 October 2008 in respect of Item 3, Report No. PLN204/08 – Development Application – Aged or Differently
Abled Persons Housing, 2A Manor
Road, Hornsby namely:-
"THAT
Development Application No. DA/928/2007 at Lot 12 DP 1079875 (No. 2A) Manor Road, Hornsby be refused
as the applicant has failed to demonstrate that it would not have an adverse
traffic, parking, bushfire hazard and amenity impact on the neighbouring
residents.”
be, and is hereby rescinded.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Mills, Russell and Smart.
AGAINST: Councillor
Martin.
_____________________
Ms Kirsty Woodward, of Hornsby, addressed Council regarding this item.
Rev Neil Flower, of Hornsby, on behalf of the Mount Wilga Neighbourhood
Group, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR
Russell, seconded by COUNCILLOR
Mills,
THAT consideration of Development
Application No. DA/928/2007 at Lot 12 DP 1079875 (No. 2A) Manor Road, Hornsby be deferred to allow Council to convene a meeting,
chaired by the Mayor, involving the Applicant, Councillors and concerned
residents, to address the following issues:
- traffic
- parking
- bushfire hazard
- amenity
- number of units
- density and FSR of the development on the
allotted space
- height of the buildings (especially
the perceived height and topography of the ridge on which the
development is to take place)
- set back
- aesthetic impact of the
buildings in relation to other surrounding properties.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL.
AT
THIS POINT IN THE MEETING (8:02PM) THE MAYOR ADJOURNED THE MEETING. THE MEETING
RESUMED AT 8:04PM.
|
MATTERS OF URGENCY
Nil.
ITEMS PASSED BY EXCEPTION /
CALL FOR SPEAKERS ON AGENDA ITEMS
THE MAYOR ANNOUNCED his intention to deal
with the balance of the Business Paper
by the exception method and announced the
items.
Items 2, 3, 4 and 5 were withdrawn for
discussion.
For
the sake of clarity, the above items are recorded in Agenda sequence.
Note: Persons wishing to
address Council on matters which were on the Agenda were permitted to speak,
prior to the item being discussed, and their names are recorded in the Minutes
in respect of that particular item.
DEVELOPMENT APPLICATIONS
A Ward Deferred
Nil.
A Ward
Nil.
B Ward Deferred
Nil.
B Ward
2 PLN211/08 Alterations & Additions to a
dwelling-house, demolition of a pool shed and erection of a cabana, 22 Warandoo Street,
Hornsby
(DA/167/2007)
|
Mr Greg Butler, of Hornsby, addressed
Council regarding this item.
Ms Tracy Grant, of Hornsby,
addressed Council regarding this item.
Mr Allan Just, of Wahroonga,
addressed Council regarding this item.
Ms Diana Prowse, on behalf of
the Applicant, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Mills, seconded by COUNCILLOR Evans,
THAT
Council refuse Development Application No. 167/2007 for alterations and additions
to a dwelling house, the demolition of a pool shed and the erection of a
cabana at Lot 9, DP 200132, No. 22 Warandoo Street,
Hornsby for the following reasons:
1.
Pursuant to the
provisions of Section 79C(1)(a) and (b) of the Environmental Planning and Assessment
Act 1979, the height of the proposed dwelling-house additions will
unreasonably impact on the outlook currently enjoyed from the living rooms
within the adjoining dwelling to the north at No. 20 Warandoo Street,
Hornsby.
2.
Pursuant to the
provisions of Section 79C(1)(a) and (b) of the Environmental Planning and
Assessment Act 1979, the proposed pool cabana does not comply with the
setbacks element of the Dwelling House Development Control Plan and
consequently, insufficient area is provided for landscape planting to screen
the structure from view from surrounding properties particularly at the
rear. As a consequence, the structure
will adversely impact on the amenity of the properties adjoining at the rear.
3.
Pursuant to the
provisions of Section 79C(1)(a) and (b) of the Environmental Planning and
Assessment Act 1979, the proposed rear deck and balcony to the dwelling-house
additions will adversely impact on the privacy of the adjoining property to
the south at No. 24 Warandoo Street, Hornsby.
4.
Pursuant to the
provisions of Section 79C (1) (e) of the Environmental Planning and
Assessment Act 1979, the adverse impacts on the proposed development on the
amenity of the adjoining properties is not in the public interest.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart.
AGAINST: NIL.
|
C Ward Deferred
Nil.
C Ward
3 PLN209/08 Development Application - Erection
of a dwelling-house on a battle-axe allotment (Proposed Lot
11), 66-68 Castle Howard Road,
Beecroft
(DA/585/2008)
|
NOTE: COUNCILLOR HUTCHENCE declared a non-significant non-pecuniary
interest in this item under Clause 51A of Council's Code of Meeting Practice
(see Declarations of Interest in these Minutes). As stated on the Declaration
of Interest form by COUNCILLOR HUTCHENCE, the nature of the interest was “One
of the objectors was once a lecturer of mine.”, and the explanation of why
the interest does not require further action in the circumstances was “Too
far removed from the matter and has no impact as to my decision making
process”. COUNCILLOR HUTCHENCE remained present for discussion and voting on
the item.
Ms Julie Zetler, of Beecroft,
addressed Council regarding this item.
Ms Ilona Kernick, of Beecroft,
addressed Council regarding this item.
Mr John Slade, of Beecroft, on
behalf of the Beecroft Cheltenham Civic Trust, addressed Council regarding
this item.
Mr Alister Morison, of
Beecroft, addressed Council regarding this item.
NOTE: The residents who spoke
in respect of this item stated that their comments were also relevant to item
4, but did not speak separately to that item.
RESOLVED ON THE MOTION OF COUNCILLOR Martin, seconded by COUNCILLOR Russell,
THAT
1. Consideration of Development
Application No. 585/2008 at Lot Z DP 385117, Lot B DP 363878, 66-68 Castle Howard Road,
Beecroft be deferred to allow assessment of the amended plans which were
tabled at the Planning Meeting held on 5 November 2008.
2. Following such
assessment the matter be re-submitted to Council for further consideration.
FOR: Councillors
Berman, Chopra, Evans, Martin and Russell
AGAINST: Councillors Hutchence, Mills and Smart
|
4 PLN210/08 Development Application - Erection
of a dwelling-house on a battle-axe allotment (Proposed Lot
12), 66-68 Castle Howard Road,
Beecroft
(DA/586/2008)
|
NOTE: COUNCILLOR HUTCHENCE declared a non-significant non-pecuniary
interest in this item under Clause 51A of Council's Code of Meeting Practice
(see Declarations of Interest in these Minutes). As stated on the Declaration
of Interest form by COUNCILLOR HUTCHENCE, the nature of the interest was “One
of the objectors used to be my lecturer.”, and the explanation of why the
interest does not require further action in the circumstances was “Does not
impact my decision making process in relation to this DA”. COUNCILLOR
HUTCHENCE remained present for discussion and voting on the item.
NOTE: Refer to Note regarding speakers at Item 3.
RESOLVED ON THE MOTION OF COUNCILLOR Martin, seconded by COUNCILLOR Russell,
THAT
1. Consideration of Development
Application No. 586/2008 at Lot Z DP 385117, Lot B DP 363878, 66-68 Castle Howard Road,
Beecroft be deferred to allow assessment of the amended plans which were
tabled at the Planning Meeting held on 5 November 2008.
2. Following such
assessment the matter be re-submitted to Council for further consideration.
FOR: Councillors
Berman, Chopra, Evans, Martin and Russell
AGAINST: Councillors Hutchence, Mills and Smart
|
General Business
5 PLN215/08 Outcome of proceedings in the NSW Land
and Environment Court
- Aboriginal Land Claims
(F2006/00437)
|
Ms Robyn Borkovic, on behalf of the Berowra
Heights United Residents Action Group, addressed Council regarding this item.
RESOLVED ON THE
MOTION OF COUNCILLOR
Evans, seconded by COUNCILLOR Hutchence,
THAT:
1. The contents
of Executive Manager’s Report No. PLN215/08 advising that Aboriginal Land
Claims 6323, 6324, 6326 and 6465 have
been granted, be received and noted.
2. When the Metropolitan Local Aboriginal Land
Council has received title to the Aboriginal Land Claims, Council:
2.1 Advise the Metropolitan Aboriginal Land Council of its intention
to progress the rezoning of lands with no development potential with
Aboriginal Land Claims 6326 and 6465 in the preparation of Council’s Comprehensive
Local Environmental Plan which is due to be completed by March 2011.
2.2 Invite the Metropolitan Aboriginal Land Council to submit a
land capability assessment for the lands for Council’s consideration as part
of the rezoning process.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL.
|
SUPPLEMENTARY AGENDA
Nil.
CONFIDENTIAL ITEMS
Nil.
QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN
Nil.
QUESTIONS WITHOUT NOTICE
Nil.
THE MEETING terminated at 9.37pm.
These Minutes were confirmed at the meeting held on Wednesday, 19
November, 2008, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
___________________________________________________________________________