MINUTES OF Planning Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 1 July, 2009
at 6:41 pm
Councillors Berman (Chairman), Browne, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
NATIONAL ANTHEM
OPENING PRAYER
The Mayor opened the meeting in prayer.
Acknowledgement of RELIGIOUS DIVERSITY
Statement by the Chairman:
"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 Chairman:
"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 Chairman:
"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 BROWNE, seconded by COUNCILLOR EVANS,
THAT an apology be received and accepted for the non-attendance of COUNCILLOR CHOPRA.
FOR: Councillors Berman, Browne, EVANS, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: nil
declarations of interest
COUNCILLOR MCMURDO declared a pecuniary interest in Item 4 - Report No. PLN51/09 – Draft Amendments Local Environmental Plan 2008 – Report on Submissions. Refer to that Item for details.
Political Donations Disclosure
Statement by the Chairman:
“I advise all present that a Political Donations Disclosure Statement pursuant to Section 147(3) of the Environmental Planning and Assessment Act 1979 must be made in the event that a person has made or a Councillor or political party has received a gift or political donation from any person or organisation, including a person or organisation making a submission to an application or other planning matter, listed on the Planning Meeting agenda.”
confirmation of minutes
petitions
NIL
Mayoral Minutes
Notices of Motion
NIL
Rescission Motions
NIL
MATTERS OF URGENCY
NIL
ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS
Items 2, 3, 4 and 5 were withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR EVANS, seconded by COUNCILLOR MILLS,
THAT the recommendation in respect of Item 1 be adopted.
FOR: Councillors Berman, Browne, EVANS, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
DEVELOPMENT APPLICATIONS
A Ward Deferred
A Ward
B Ward Deferred
B Ward
C Ward Deferred
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2 PLN50/09 Development Application - Registered Club - Alterations & Additions 103-109 New Line Road, Cherrybrook (DA/144/2009) |
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Mr Stephen Bembrick, of Cherrybrook, addressed Council regarding this item. Mr Shahyar Ghodsi, of Cherrybrook, addressed Council regarding this item. Mr Rudi Valla, Architectural Consultant, on behalf of West Pennant Hills Sports Club, addressed Council regarding this item.
MOVED ON THE MOTION OF COUNCILLOR BROWNE, seconded by COUNCILLOR MILLS,
THAT:
A. Development Application No. 144/2009 for alterations and additions to an existing registered club at Lot 2 DP 367373, Nos. 103-109 New Line Road Dural be approved subject to conditions of consent detailed in Schedule 1 of Report No. PLN50/09, as amended by the following requirements:
Amend Condition No. 7 as follows:
7. Construction Work Hours
All work on site (including demolition and earth works) must only occur between the following hours:
Monday to Friday 7am – 5pm Saturday 8am – 5pm Sundays & Public Holidays No work
Amend Condition No. 20 as follows: 20. Noise – Acoustic Assessment An acoustic assessment is to be undertaken by a suitably qualified environmental consultant, selected by Council and at the sole cost of the applicant, within 60 days of the date of this consent in accordance with the Environment NSW Industrial Noise Policy (2000), Council’s Policy and Guidelines for Noise and Vibration Generating Development (Acoustic Guidelines V.5, 2000) and the DECC’s Noise Guide for Local Government (2004). Measurements must be taken from the common property boundary with Lot 2 DP 262492, Lot 4 DP 262492, Lot 7 DP 262492 and Lot 713 DP 260293, (Nos. 4, 8, 14 and 19) Bowerman Place, Cherrybrook. Should the assessment find that noise from the premise exceeds 5dB(A) appropriate measures must be employed to rectify excessive noise, including the implementation of a noise monitoring system outside the Club at the residential property boundaries to alert Club Management if noise becomes excessive.
Amend Condition No. 22 c. as follows:
21. Use of Smoker’s Deck
c. Signs must be posted both at the exit to the deck and on the deck stating: “CONSIDER OUR NEIGHBOURS. PLEASE KEEP NOISE TO A MINIMUM. ALCOHOL MUST NOT BE CONSUMED ON THIS DECK BETWEEN THE HOURS OF 10PM AND MIDNIGHT.”
Amend Condition No. 22 as follows:
22. Public Awareness and Management
The Club Manager must take all steps necessary to ensure the orderly behaviour of patrons and to ensure that no noise nuisance occurs from patrons entering, using and leaving the outdoor gaming area, the verandah and/or smoking deck. All resident complaints are to be recorded and if possible, responded to in writing.
On at least one occasion every twelve months, the Club Manager must circulate a “Community Information Sheet” to adjoining and nearby residents and Council outlining the measures taken by the Club to manage residential amenity. The Community Information Sheet must include contact details of the Club, Council, Police and the Department of Liquor, Gaming and Racing in the event that a resident wishes to make a submission concerning the management of the Club regarding residential amenity. The Community Information Sheet must be permanently placed in a prominent location on the Club's website.
Amend Condition No. 23 as follows:
23. Use of Verandah
The use of the the outdoor covered verandah accessed from the lounge area and adjacent to the bowling green is subject to the following conditions to protect the acoustic amenity of neighbouring residences:
a. No patrons are to utilise the outdoor covered verandah accessed from the lounge area and adjacent to the bowling green after 9pm.
b. No music, entertainment, television monitors or amplified music/announcements is permitted on the outdoor covered verandah.
B. Council distribute an amended version of the Community Information Sheet (included as Attachment 6 to Report No. PLN50/09) to adjoining and nearby residents. The amended Sheet is to nominate the relevant contact officers at Eastwood Police Station.
A FORESHADOWED MOTION WAS MOVED BY COUNCILLOR MARTIN,
THAT Development Application No. 144/2009 for alterations and additions to an existing registered club at Lot 2 DP 367373, Nos. 103-109 New Line Road Dural be refused on the ground that it is not in the public interest due to inappropriate development of the area which will cause inconvenience to local residents.
THE MOTION MOVED BY COUNCILLOR BROWNE, seconded by COUNCILLOR MILLS, WAS PUT AND CARRIED.
FOR: Councillors Berman, Browne, Evans, Hutchence, Mills, Russell and Smart
AGAINST: Councillors Martin and McMurdo
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C Ward
General Business
Supplementary Reports
NIL
Questions of Which Notice Has Been Given
NIL
SUPPLEMENTARY AGENDA
NIL
CONFIDENTIAL ITEMS
QUESTIONS WITHOUT NOTICE
NIL
THE MEETING terminated at 8.50 pm.
These Minutes were confirmed at the meeting held on Wednesday, 5 August, 2009, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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