1                 LPP15/19    Development Application - Construction of a Telecommunications Facility Comprising a 30m Monopole, Panel Antennas, Ancillary Equipment and Landscaping

(DA/257/2019)

OFFICERS’ RECOMMENDATION

THAT Development Application No. DA/257/2019 for the construction of a telecommunications facility comprising a 30m monopole, panel antennas, ancillary equipment and landscaping at Lot 2 DP 586331, No. 2-46 Lord Street, Asquith - Asquith Golf Course be approved subject to the conditions of consent detailed in Schedule 1 of Local Planning Report No. LPP15/19

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised in the written submissions and by the objectors at the meeting including visual impact, landscaping, heritage, electromagnetic energy and impact on trees.

The Panel resolved to adopt the assessment report’s recommendation and approve the proposed development for the reasons outlined below subject to the amendment of conditions as set out below:

1.             Amend condition No. 2b) to reference the current contribution date as 31 July 2019.

2.             Additional conditions of concurrence Transport Sydney Trains

a)         Prior to the issue of a Construction Certificate the Applicant is to provide structural details that the concrete slab or footings will be protected by a vapour barrier membrane. A copy of this detail is to be provided to the Principal Certifying Authority with the application for a Construction Certificate.

 b)        Prior to the issuing of a Construction Certificate the Applicant must submit to Sydney Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements.  If required by Sydney Trains, the Applicant must amend the plan showing all craneage and other aerial operations to comply with all Sydney Trains requirements.  The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from the Sydney Trains confirming that this condition has been satisfied.

 c)        If required by Sydney Trains, prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on rail corridor.  The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

d)         Prior to the issue of a Construction Certificate an Intermodulation Study Report for the proposed telecommunication equipment are to be submitted to Sydney Trains for review and comment on any impacts on radio frequency and to the rail corridor. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

The reasons for this decision are:

•        The proposed development complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2013.

•        The proposal’s electromagnetic energy (EME) levels fall within acceptable exposure levels.

·         The impact of the proposal would not detract from the open and treed landscape quality of the golf course site or adversely impact its landscape heritage significance.

VOTING OF THE PANEL MEMBERS

FOR: Garry Fielding, Linda McClure, Juliet Grant, Brian Scarsbrick

AGAINST:    Nil

2                 LPP19/19    Development Application - Alterations and Additions to an existing Heritage Listed Dwelling and use as a Child Care Centre - 44 Malsbury Road Normanhurst

(DA/94/2018)

OFFICERS’ RECOMMENDATION

THAT Development Application No. DA/94/2018 for alterations and additions to a heritage listed dwelling house and change of use to a 58-place child care centre at Lot X DP 413792, No. 44 Malsbury Road, Normanhurst be refused for the reasons detailed in Schedule 1 of LPP Report No. LPP19/19.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised by the objectors in written submissions and at the meeting, including traffic safety, scale of development, heritage, car parking, loss of trees and acoustic impacts.

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, John Filocamo

AGAINST:    Nil

3                 LPP21/19    Development Application - Dwelling House - 57 Berowra Waters Road and Lot 29 DP 232641 Berowra Waters Road, Berowra

(DA/448/2018)

OFFICERS’ RECOMMENDATION

THAT Development Application No. DA/448/2018 for construction of a dwelling house at Lot 1 DP 1102303 and Lot 29 DP 232641, No. 57 Berowra Waters Road, Berowra, be approved as a deferred commencement pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979 subject to the conditions of consent detailed in Schedule 1 of this report.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised by the written submissions and by the objector at the meeting including impact on trees, privacy, CMP and road widening. The Panel considered the concerns raised in the submissions and at the meeting and concluded that suitable conditions of consent would address the issues of concern.

The Panel resolved to approve the proposed development subject to the amendment of conditions as set out below:

1.           Delete condition No.11(f).

2.           Amend condition No. 6(b) to reference the current contribution date as 31 July 2019 and Section 4.17 of the Act.

3.           Amend condition No.15 as follows:

f)       The design and construction of the gutter crossing shall be in accordance with the Roads and Maritime Services requirements.  The design shall be submitted to the Roads and Maritime Services Sydney Project Services Section for approval.

g)       A Road Occupancy Permit may be required to be obtained from the Roads and Maritime Services for any proposed lane closures required to carry out the works.

4.       Amend Condition No1.to specify that the period to satisfy deferred commencement is 36 months.

The reasons for this decision are:

·                     The proposed development complies with Hornsby Local Environmental Plan and is generally compliant with the Hornsby Development Control Plan 2013.

·                     The proposed development does not create unreasonable environmental impacts upon existing and adjoining development with regard to future amenity and impacts on trees.

·                     The proposed development is consistent with the character of the existing area. It is in the public interest as it will provide a development outcome that will provide diversity of housing and is a suitable use of the site.

VOTING OF THE PANEL MEMBERS

FOR: Garry Fielding, Linda McClure, Juliet Grant, Brian Scarsbrick

AGAINST:    Nil