RECOMMENDATION
THAT
Council 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/1047/2019 for alterations and additions to the
‘Thornleigh Marketplace’ shopping centre including the
construction of a second-floor level comprising additional retail floorspace
at Lot 100 DP 608646, No. 17 Bellevue Street Thornleigh subject to the
conditions of consent detailed in Schedule 1 of LPP Report No. LPP9/20.
PANEL’S CONSIDERATION AND DETERMINATION
The Panel considered the matters raised in the
written submission including adequacy of the Clause 4.6 variation request and
use of the planning proposal process. It is necessary for the Panel to
consider the development application before it, as lodged.
The Panel considered the Clause 4.6 submission
and is satisfied that the applicant’s written request has adequately
addressed the matters required to be demonstrated by clause 4.6(3) of HLEP
2013 and is satisfied that the proposed development will be in the public
interest because it is consistent with the objectives of the ‘Height of
Buildings’ and ‘Floor Space Ratio’ development standards
and the objectives for development within the zone in which the development
is proposed to be carried out.
The Panel resolved to adopt the
officer’s recommendation and approve the proposed development subject
to the conditions of consent contained in Schedule 1 of the report and the
inclusion of an additional condition stating that no signage is approved as
part of this development consent.
The reasons for this
decision are:
·
The proposal results in an
appropriate scale of development and satisfactorily complies with the
requirements of the relevant environmental planning instruments and the
Hornsby Development Control Plan 2013.
·
The request under Clause
4.6 of the Hornsby Local Environmental Plan 2013 to vary the
‘Height of Buildings’ and ‘Floor Space Ratio’
development standard is well founded. Strict compliance with the development
standard is unreasonable and unnecessary in the circumstances of the case and
there are sufficient environmental planning grounds to justify the variation
to the development standard.
The proposed development does not create unreasonable
environmental impacts to adjoining development with regard to visual bulk,
overshadowing, amenity or privacy impact, noise, traffic and security
VOTING OF THE PANEL MEMBERS
FOR: Steven
Layman, Linda McClure, Jerome Cox
AGAINST: Nil
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