MINUTES OF Local Planning Panel meeting
Held at Council Chambers, HORNSBY
on Wednesday 1 May
2019
at 6:30pm

PRESENT
Chairperson – Garry Fielding
Expert Panel Member – Linda McClure
Expert Panel Member – Juliet Grant
Community Member – Barbra Wynn (Item 3)
Community Member – Jerome Cox (items 1 & 2)
Staff Present
Executive Manager – James Farrington
Manager, Development Assessments – Rod Pickles
Senior Town Planner – Gary Mahony
Senior Town Planner – Stephen Dobbs
Town Planner – Jasmin Blazevic
The Meeting commenced at 6.30pm.
AUDIO
RECORDING OF LOCAL PLANNING PANEL MEETING
Statement by the Chairman:
"I advise all present that tonight's meeting is being audio
recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process,
broadening knowledge and participation in community affairs, and demonstrating
Council’s commitment to openness and accountability. The recordings of the non-confidential parts of the
meeting will be made available on Council’s website once the Minutes have
been finalised. All speakers are requested to ensure their comments are
relevant to the issue at hand and to refrain from making personal comments or
criticisms. No other persons are permitted to record the meeting,
unless specifically authorised by Council to do so.”
APOLOGIES
/ leave of absence
Nil
Declarations of Interest
Jerome Cox declared a non-pecuniary and less than
significant interest for item 2.
ADDRESSES TO THE PANEL
The following members of the public addressed the Panel on
items on the agenda:
1 LPP3/19 Development
Application - Construction of a 59 place child care centre - 53 - 55 Oakleigh
Avenue, Thornleigh
Josephine Rose Against
David Woodley Against
Joanne Baynie Against
2 LPP9/19 Development
Application - Construction of a one Storey and two Storey Industrial
Building comprising 32 Industrial Units and 44 Self-Storage Units, Strata
Subdivision and landscaping - 50A Duffy Avenue Thornleigh
Neil Pearson Against
Kellie Lintott Against
John Immelman Against
Delores McIntyre
Against
Heather
Chatfield Against
Paul Hanson Against
Alison Adams Against
Councillor Janelle
McIntosh Against
Rod Pascoe For
- Trumen Corp (Development Manager)
Ross Jackson For
- Project Arborist
Noel Childs For
- Acoustic Engineer
Mick Logan For
- Traffic Engineer
Andrew Cowan For
- Town Planner
3 LPP8/19 Further
Report - Seniors Living Development Comprising 15 Independent Units - Nos.
95-97 Copeland Road and No. 14 Hull Road, Beecroft
Cynthia
Kardell Against
Ray Tseng Against
Ram Bhat Against
Jan Primrose Against
Kim Kindler Against
Monica Tan Against
Samuel Gong Against
Councillor Emma
Heyde Against
Ian
Glendinning For - Planner
Paul Buljevic For
- Architect
Melanie Howden For
- Arborist
Jane Brit For
– Landscape Architect
Graham Selig For
- Applicant
IN ACCORDANCE WITH CLAUSE 3.3(5.b) OF SCHEDULE 1 OF THE
OPERATIONAL PROCEDURES DIRECTIONS ISSUED 23 FEBRUARY 2018.
The Panel Chair closed the public meeting at 8:40pm for
deliberation, voting and determination.
Local Planning Panel
1 LPP3/19 Development
Application - Construction of a 59 place child care centre – Nos. 53 -
55 Oakleigh Avenue, Thornleigh
(DA/1111/2017)
|
OFFICERS’ RECOMMENDATION
THAT Development Application No.
1111/2017 for demolition of a dwelling and construction of a 59 place
childcare centre at No.53 – 55 Oakleigh Avenue, Thornleigh be refused
pursuant to Section 4.16(3) of the Environmental Planning and Assessment
Act 1979 for the reasons detailed in Schedule 1 of LPP Report No.
LPP3/19.
PANEL’S CONSIDERATION
AND DETERMINATION
The Panel considered the matters
raised by the objectors at the meeting including scale of development, car
parking, traffic, landscaping, loss of trees, acoustic fence, character of
the area and noise.
The Panel resolved to adopt the
officers’ recommendation and refuse consent to the proposed
development.
VOTING OF THE PANEL MEMBERS
FOR: Garry Fielding, Linda
McClure, Juliet Grant, Jerome Cox
AGAINST: Nil
|
2 LPP9/19 Development
Application - Construction of a one Storey and two Storey Industrial
Building comprising 32 Industrial Units and 44 Self-Storage Units, Strata
Subdivision and landscaping – No. 50A Duffy Avenue, Thornleigh
(DA/619/2018)
|
OFFICERS’
RECOMMENDATION
THAT the
Hornsby Local Planning Panel assume the concurrence of the Secretary of the
Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby
Local Environmental Plan 2013 and approve Development Application No.
DA/619/2018 for the construction of a one storey and two storey industrial
building comprising 32 industrial units and 44 self-storage units, strata
subdivision and landscaping at Lot 2 DP 211095, No. 50A Duffy Avenue,
Thornleigh subject to the conditions of consent detailed in Schedule 1 of
Report No. LPP9/19
PANEL’S CONSIDERATION AND DETERMINATION
The Panel considered the matters raised by the objectors
at the meeting including acoustic fencing, buffer zone, noise, hours of
operation, height of building, car parking, traffic, and landscaping.
The Panel considered the Clause 4.6 submission and
considered compliance with the building height development standard was
unreasonable and unnecessary and considered there were sufficient environmental
planning grounds to warrant departure from the development standard.
The Panel resolved to approve the proposed development
subject to the additional conditions below:
1. Amend
condition No.30 to read:
Maintaining Tree
protections zones
To ensure tree health, the
Tree Protection Zone of all trees to be retained must be maintained in
accordance with section 4.6 requirements of Australian Standard AS
4970-2009 - “Protection of Trees on Development Sites” and
condition No. 23 of this consent.
2. Condition
No. 48 being amended to require the construction of a 3.0m high purpose built
dark colour toned modular panel acoustic wall along the entire western
boundary of the site certified by the project acoustic engineer. Details of
the wall are to be submitted to Council for approval prior to the issue of
the Construction Certificate.
3. The
fence along the southern boundary shall be a 2.4m high double lapped and
capped timber fence with metal support posts.
4. The
acoustic wall and lapped and capped fence shall be constructed prior to any
other works commencing on site under this consent.
5. Reference
to the communal open space area and associated furniture in the south-western
corner of the site shall be deleted and the landscaping buffer adjacent to
the southern boundary in this area be increased to a minimum width of 5.0m.
The reasons for this decision
are:
·
The proposed development generally complies with the
requirements of the relevant environmental planning instruments and the
Hornsby Development Control Plan 2013 with the exception of the maximum
building height. The applicant has made a submission in support of a
variation to this development standard in accordance with Clause 4.6 of the HLEP.
The request is considered well founded.
·
The proposed development does not create unreasonable
environmental impacts upon adjoining development with regard to visual bulk,
overshadowing, solar access, amenity or privacy impacts.
·
The existing 10 metre wide buffer zone on the adjoining
residential development to the west, the setback of the proposed industrial
development from the western boundary, and the provision of a 3 metre high
acoustic barrier would satisfactorily achieve the relevant acoustic
performance requirements.
VOTING OF THE PANEL MEMBERS
FOR: Garry Fielding, Linda McClure, Juliet Grant, Jerome
Cox
AGAINST: Nil
|
3 LPP8/19 Further
Report - Seniors Living Development Comprising 15 Independent Units - Nos. 95
- 97 Copeland Road and No. 14 Hull Road, Beecroft
(DA/1277/2017)
|
OFFICERS’ RECOMMENDATION
THAT Development Application No. DA/1277/2017 for
demolition of one existing dwelling and associated structures, adaptive reuse
of an existing dwelling and construction of a Seniors Living development
comprising 15 self-contained dwellings at Lot 5 DP 4898, Lot 6 DP 4898, Lot 1
DP 958045 and Lot 1 DP 4898, Nos 95-97 Copeland Road and No. 14 Hull Road,
Beecroft be approved subject to the conditions of consent
detailed in Schedule 1 of LPP Report No. 8/19.
PANEL’S CONSIDERATION AND DETERMINATION
The Panel considered the matters raised by the objectors
at the meeting including, tree retention, building bulk and scale, impact on
the conservation area, the significance the sandstone retaining wall,
boundary fencing, and overall site landscaping.
The Panel resolved to approve the proposed development as
recommended subject to:
1.
Amendment to condition No. 66a to require that the full cost of
fencing be borne by the developer.
2.
A deferred commencement condition requiring consolidation of
allotments as shown on the site plan.
The
reasons the Panel’s Determination are:
·
The proposal is an appropriate scale of development and
satisfactorily complies with the relevant provisions of SEPP (Housing for
Seniors or People with a Disability) 2004.
·
The proposed development appropriately respects the heritage
conservation area.
·
The proposed development restores the significant sandstone
retaining wall on the Copeland Road frontage.
·
The overall landscape design is appropriate for an infill
seniors housing development in a conservation area through the retention of
significant trees and extensive new tree planting throughout the site.
VOTING OF THE PANEL MEMBERS
FOR: Garry Fielding, Linda McClure, Juliet Grant, Barbra
Wynn
AGAINST: Nil
|
PANEL’S
PUBLIC ANNOUNCEMENT OF DECISIONS
The Panel returned to the Council Chamber at 10:00pm where
the Chair announced the Panel’s decisions regarding the development
applications.
The Panel’s meeting concluded at 10:05pm
Chairperson