1                 LPP23/19    Development Application – Torrens and Community Title Subdivision - 23 Chestnut Road and 37 Oxley Road Mount Colah

(DA/1551/2016)

OFFICER’S RECOMMENDATION

THAT Development Application No. DA/1551/2016 for Torrens and Community title subdivision of 3 lots into 50 lots comprising 49 residential lots and 1 lot for drainage purposes at Lot 1 DP 1205083 and Lot 509 DP 752053, No.23 Chestnut Road and Lot 294 DP 713905, No. 37 Oxley Drive, Mount Colah be refused for the reasons detailed in Schedule 1 of LPP Report No. LPP23/19.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised by the objectors in the written submissions and at the meeting, including site contamination, overdevelopment, traffic, parking and safety impacts, tree loss, flora and fauna impacts, acoustic impacts and unacceptable impacts on the catchment of the Hawkesbury River.

The Panel resolved to adopt the officers’ recommendation and refuse consent to the proposed development for the reasons detailed in Schedule 1 of Report No. LPP23/19 and the following additional reasons for refusal:

1.           The proposed development is unsatisfactory in respect to Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act, 1979 as the proposal would result in modification and clearing of urban bushland and is unacceptable with respect to State Environmental Planning Policy No. 19 – Bushland in Urban Areas and State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.

2.           The proposal does not comply with the “Vegetation Preservation’ prescriptive measure within Part 1B.6.2(k) of the Hornsby Development Control Plan (HDCP) with regard to the removal of trees on the site.

3.           The proposal does not comply with the ‘General Provisions’ prescriptive measure within 6.1.1(b) of the HDCP as the Subdivision would not allow for the retention of significant landscape features and trees.

VOTING OF THE PANEL MEMBERS

FOR: Jacqueline Townsend, Linda McClure, Juliet Grant, Brian Scarsbrick

AGAINST:    Nil

2                 LPP26/19    Development Application - Home Business - Music School - 2 Miranda Close, Cherrybrook

(DA/299/2019)

OFFICER’S RECOMMENDATION

THAT Development Application No. DA/299/2019 for the use of a dwelling house for a home business at Lot 20 DP 788098, No. 2 Miranda Close, Cherrybrook be refused for the reasons detailed in Schedule 1 of LPP Report No. LPP26/19.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised by the objectors in the written submissions and at the meeting, including non-compliance with definition of home business, traffic, parking and safety impacts, hours of operation and acoustic impacts.

The Panel resolved to adopt the officers’ recommendation and refuse consent to the proposed development.

VOTING OF THE PANEL MEMBERS

FOR: Jacqueline Townsend, Linda McClure, Juliet Grant, Barbra Wynn

AGAINST:    Nil

3                 LPP27/19    Development Application - New Sports & Community Facility - Greenway Park, 10X Beechwood Parade, Cherrybrook

(DA/275/2019)

OFFICER’S RECOMMENDATION

THAT Development Application No. DA/275/2019 for the construction of a Community Facility at Greenway Park, Lot 1 DP 263752 and Lot 24 DP 1123287, No. 10X Beechwood Parade and Nos. 69-85 Shepherds Drive, Cherrybrook be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP27/19.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised by the objectors in the written submissions including hours of operation and acoustic impacts.

The Panel resolved to adopt the independent consultant’s assessment report recommendation and approve the proposed development.

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 proposed development would provide a positive social contribution to the local community by providing additional community facilities.

·                     The conditions of consent will assist to address the impacts of the proposal on adjacent properties.

VOTING OF THE PANEL MEMBERS

FOR: Jacqueline Townsend, Linda McClure, Juliet Grant, Barbra Wynn

AGAINST:    Nil

4                 LPP28/19    Development Application - Increase Capacity of Child Care Centre from 56 Children to 64 Children - 2A Berowra Road, Mount Colah

(DA/712/2017/A)

OFFICER’S RECOMMENDATION

THAT Section 4.55(2) modification to Development Application No. DA/712/2017/A to increase child care capacity from 56 children to 64 children and internal and external alterations to the building at Lot 11 DP 551828 No. 2A Berowra Road, Mount Colah be amended subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP28/19.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised by the objectors in the written submissions including scale of the development, traffic, parking and safety impacts, and acoustic impacts.

The Panel resolved to adopt the Council officer’s assessment report recommendation and approve the proposed modification subject to the conditions contained in Schedule 1 of the report modified as follows:

1.             A requirement that the unauthorised sign in front boundary setback be removed.

2.             Condition 55E be amended to increase the maximum childcare capacity to 62 children given the reduction in the unencumbered outdoor play area.

3.             A child proof gate be installed at the rear eastern corner of the building to prevent access by children to side setback area.

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.

·                     The proposed modification would provide a positive social contribution to the local community by providing additional child care spaces.

·                     The proposed modification would provide a public benefit by providing public domain improvements.

·                     The conditions of consent will assist to address the impacts of the proposal on adjacent properties.

VOTING OF THE PANEL MEMBERS

FOR: Jacqueline Townsend, Linda McClure, Juliet Grant, Brian Scarsbrick

AGAINST:    Nil

PANEL’S PUBLIC ANNOUNCEMENT OF DECISIONS

The Panel returned to the Council Chamber at 8:05pm where the Chair announced the Panel’s decisions regarding the development applications.

The Panel’s meeting concluded at 8:13pm

Chairperson