1                 LPP14/21    DA/149/2021 - Torrens Title Subdivision of One Lot into Two - No. 34 Day Road, Cheltenham

(DA/149/2021)

RECOMMENDATION

THAT Development Application No. DA/149/2021 for Torrens title subdivision of one allotment into two lots at Lot 1 DP 1256358, No. 34 Day Road Cheltenham be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP14/21.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised by the objectors in written submissions and at the meeting, including tree impacts, bushfire requirements, accessway safety and lighting, waste collection, impacts on threatened species and traffic generation.

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 following amended conditions.

New condition 1A.:

1A.       Amendment of Plans

a)            The Plan of Proposed Subdivision plan No. S.15630A2, Rev B prepared by PS Graham and Associates, dated 27.4.21 is to be amended as follows:

i)              Delete the nominated offset planting locations on the north eastern boundary of proposed Lots 11 and 12 as marked in red on the approved plan.

ii)             Detail the location of the replacement tree planting in accordance with condition No. 28 of the consent and the satisfaction of Council’s Natural Resources Team.

b)            These amended plans must be submitted with the application for the Construction Certificate.

Amend condition No. 28 to read:

28.        Replacement Tree Requirements

a)         The 6 trees approved for removal under this consent must be offset through replacement planting of a minimum of 6 trees within Lot 11.

b)         All replacement plantings must be species selected from the ‘Trees Indigenous to Hornsby Shire (as of 1 September 2011)’ document available for viewing on the Hornsby Council’s website http://www.hornsby.nsw.gov.au/environment/flora-and-fauna/tree-management/indigenous-trees

c)         The location and size of tree replacement planting must comply with the following:

i)          All replacement trees must be located within Lot 11 in the agreed areas to the satisfaction of Council’s Natural Resources Team.

ii)          The pot size of the replacement trees must be a minimum 45 litres.

iii)         All replacement trees must be a minimum of 3 metres in height at the time of planting.

iv)         All replacement trees must have the potential to reach a mature height greater than 10 metres.

The reasons for this decision are:

·                The application to subdivide Lot 1 DP1256358 at No. 34 Day Road Cheltenham into 2 Torrens title lots generally complies with the Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2013 and is permissible in the R2 Low density residential zone.

·                The development meets the desired outcomes of State and Council  planning controls and satisfies matters for consideration under the Environmental Planning and Assessment Act 1979.  Matters of concern raised by submitters have been satisfactorily resolved by the terms of the approval  and conditions imposed. 

·                The Panel agrees that the proposal complies with Part 9.3.5 of the Hornsby Development Control Plan 2013 as battle axe subdivisions are common in this road, any future dwellings will be well setback from the street and screened by planting, with no additional driveway entrances required and therefore no loss of on street parking.  Council has assessed the impact of this proposal on the Heritage Conservation Area  and on a heritage item in the vicinity and the Panel agrees that there is no adverse impact, subject to the imposition of Council’s proposed conditions of consent.  

·                The proposal seeks to remove 21 trees and the Panel notes that none of the trees have  acknowledged heritage significance,  but agrees with the council conditions that only 6 can be removed and that suitable replacement planting  has been conditioned.  The applicant’s Arboricultural Impact Assessment has proposed methods to retain the trees during construction and conditions, including the requirement for a Project Arborist to be onsite during construction to oversee tree protection measures and the use of sensitive construction techniques to ensure the retention of the trees, has been recommended.

·                The Panel notes that the site is not mapped as Terrestrial Biodiversity and  Terrestrial Biodiversity conditions of the Hornsby Local Environmental Plan 2013  do not apply.   Two Magenta Lilly Pilly trees, listed as vulnerable under  Commonwealth legislation, are to be retained and conditions apply.

·                The physical works required for this proposal including a passing bay/ vehicle turning area, driveway strips and inter-allotment stormwater drainage have been  found to be  satisfactory in the Council assessment and are also subject to conditions of consent.

·                The proposed development does not create unreasonable environmental impacts to adjoining development with regard to amenity, privacy, heritage conservation, tree preservation, bushfire management, vehicle access and stormwater management.

VOTING OF THE PANEL MEMBERS

FOR:                Penny Holloway, Linda McClure, Mary-Lynne Taylor,

AGAINST:         Barbra Wynn

2                 LPP21/21    DA/275/2021 - Demolition of Structures and Construction of a Single Storey 35 Place Childcare Centre with Basement Carpark - 1 Cameron Avenue, West Pennant Hills

(DA/275/2021)

RECOMMENDATION

THAT Development Application No. DA/275/2021 for demolition of existing structures and construction of a single storey 35 place child care centre with a basement carpark and business sign at Lot 18 DP 203971, No. 1 Cameron Avenue West Pennant Hills be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP21/21.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised by the objectors in written submissions and at the meeting, including traffic and parking impacts and safety; acoustic impacts; lack of footpath, privacy and visual impact; inconsistencies in supporting documents, proximity to other childcare centres in the locality.

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 following amendments:

Amend condition No. 2:

2.         Amendment of Plans

a)            To comply with Councils requirement in terms of landscaping, the approved DA Landscape Concept Plan, prepared by Monaco Design dated 11.3.21 is to be amended as follows:

i)          To provide vegetation screening to the adjacent property to the south at No. 180 Victoria Road, the Landscape Plan is to be amended to include the planting of shrubs / trees with a mature height of 3m at the south-western corner of the site.

Note: The additional landscaping is to follow a similar design and width to the approved landscaping along the rear boundary.

b)            The Plan of Management Ref: R2.0 prepared by Compass Planning, dated June 2021 must be amended to include, but not limited to the requirements of condition Nos. 64 and 66 and:

i)              The approved hours of operation.

ii)             Staff must not arrive prior to 6 am.

iii)            All deliveries and service vehicles, including waste collection, must be carried out within the approved hours of operation.

iv)            Cleaning and maintenance activities outside of the approved hours of operation must be restricted to Saturdays between 8 am and 12 pm.

v)             Music must not be played in any outdoor areas at any time.

vi)            No after-hours special events are to be held at the premises at any time.

vii)           Measures to be employed to manage parent/ care giver and staff behaviour with regard to encouraging the use of the basement carpark for pick-up; drop-off and all-day parking and discourage the use of Cameron Avenue for on-street parking.

c)             These amended plans must be submitted with the application for the Construction Certificate.

Amend condition No. 64 to read:

64.        Hours of Operation

a)         The hours of operation of the premise are restricted to those times listed below:

Monday to Friday                                    7 am to 6 pm

Saturday, Sunday & Public Holidays        No work

b)         Staff must not arrive prior to 6 am.

c)         All deliveries and service vehicles, including waste collection, must be carried out within the approved hours of operation.

d)         Cleaning and maintenance activities outside of the approved hours of operation must be restricted to Saturdays between 8 am and 12 pm.

New condition No. 71:

71.        Compliance with the Plan of Management

The Council approved Plan of Management must be complied with at all times, unless otherwise approved by Council. Changes to the approved Plan of Management must not be made without the written consent of Council.

The reasons for this decision are:

·                The proposed development complies with the requirements of the relevant environmental planning instruments, the Child Care Planning Guideline and the Hornsby Development Control Plan 2013 and is permissible in the R2 Low density residential zone.

·                The proposed development does not create unreasonable environmental impacts to adjoining development with regard to visual bulk, overshadowing, solar access, amenity, privacy, noise, vegetation preservation, parking and traffic.

VOTING OF THE PANEL MEMBERS

FOR:                Penny Holloway, Linda McClure, Mary-Lynne Taylor, Barbra Wynn

AGAINST:         NIL

3                 LPP20/21    DA/947/2020 - Demolition of Existing Structures and Construction of 5 Storey Boarding House with Basement Park - 2A Park Avenue, Waitara

(DA/947/2020)

RECOMMENDATION

THAT Development Application No. DA/947/2020 for demolition of existing structures and construction of 5 storey boarding house with basement parking at Lot 50 DP 1000022, No. 2A Park Avenue, Waitara be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP20/21.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised by the objectors in written submissions and at the meeting, including shared use of the ROW, resident safety and security, privacy, owners’ consent, works proposed outside of the easement, traffic and pedestrian safety, shared responsibility of driveway and common property damage/ maintenance; health and safety of workers and tenants, concerns re: compensation if work causes damage to SP 94295

The Panel resolved to amend the officer’s recommendation and approve the proposed development as a deferred commencement consent, subject to the conditions contained in Schedule 1 of the report and the following amendments.

New condition ‘A’:

A.            Deferred Commencement

Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, this consent does not operate until the submission of the following information:

a)            Plan No. DA2001 Basement 01, Rev E prepared by Urban Link dated 23/07/2021, is to be amended to clearly indicate the extent of the right of carriageway on the adjoining property, being No. 4-6A Park Avenue (SP 94295) and provide the following detail:

i)              The provision of security doors that permit separate controlled access to the upper basement level of Nos. 4-6A Park Avenue (SP 94295), the lower basement level of Nos. 4-6A Park Avenue (SP 94295) and the proposed basement on No. 2A Park Avenue (Lot 50 DP 1000022), located wholly within the confines of the right of carriageway.

ii)             Demonstrates that the proposed security doors are positioned so as to not permit persons to enter in any basement area from Park Avenue or move between the basement of Nos. 4-6A Park Avenue (SP 94295) and No. 2A Park Avenue (Lot 50 DP 1000022), when the doors are closed.

iii)            Demonstrates that the doors are positioned so as to not impact on any required vehicle manoeuvring area (design templates are to be provided demonstrating compliance).

iv)            Is reviewed and certified by a registered surveyor confirming that all required security doors are located wholly within the confines of the right of carriageway. 

b)            Such information must be submitted within 24 months of the date of this notice.

Upon Council’s written satisfaction of the above information, the following conditions of development consent apply:

 Amend condition No. 2 to read:

2.         Amendment of Plans

The approved plans are to be amended as follows:

a)            Plan No. DA2001 Basement 01, Rev E prepared by Urban Link dated 23/07/2021 is to be amended in accordance with the requirements of  condition A Deferred Commencement, detailing the driveway access and security doors within the right of carriageway.

b)            Plan of Management - Boarding House, prepared by unknown author and undated (TRIM: D08214025) must be amended as follows:

i)              Section 2(a) must be updated to specify the total maximum number of boarders is 47.

ii)             Section 2(d) shall be updated to include the following after item vii. Bed:

iii)            Mattress and pillows.

iv)            Blanket.

v)             Curtains, blinds or similar devices to screen boarding room windows (excluding bathroom windows).

vi)            and the word ‘linen’ shall be removed from the Note.

vii)           Section 3(c) must be include a sentence specifying that the temporary manager will reside in the premises should the Manager be absent from the boarding house.

viii)          Section 3(g) must be amended to specify the following:

ix)            3(g)vii. Bed, mattress, pillow/s and blanket.

x)             and the Note must be amended to remove the word ‘linen’.

xi)            Section 3.1(e) must be amended to include blankets and the note must be amended to remove reference to ‘linen’.

xii)           Section 3(i) i. must be amended to specify that the boarding house manager’s contact details will also be listed on signage erected at the main front entry to the building. 

xiii)          Section 4 - the House Rules must be updated to include a rule specifying that the Indoor Communal Room must not be used by more than 25 people at any given time within the permitted hours of use.

xiv)         Section 4 - the House Rules must be updated to include a rule specifying that the Outdoor Common rea must not be used by more than 25 people at any given time during the permitted hours of use. 

c)             The approved landscape plan is to be updated to indicate the provision of maintenance access through the internal fencing between units G03, G04 and G05 to permit for maintenance personal to service garden areas without traversing through internal areas of the units.

d)            These amended plans must be submitted with the application for the Construction Certificate.

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 and is permissible in the R4 High density residential zone.

·                Although the site is isolated, amalgamation has not been able to be achieved despite attempts made in accordance with Land and Environment Court principles.

·                The development achieves good design, has been reviewed by Council’s Design Excellence Panel, provides a diversity of housing choice and is in keeping with the character of the locality.  Furthermore the development is well located in close proximity to public transport and local services.

·                The deferred commencement condition allows for a resolution of the concerns raised with right of carriageway access and security.

·                The proposed development does not create unreasonable environmental impacts to adjoining development with regard to visual bulk, overshadowing, solar access, amenity or privacy.

·                Issues raised in the submissions have been addressed by conditions of consent.

VOTING OF THE PANEL MEMBERS

FOR:                Penny Holloway, Linda McClure, Mary-Lynne Taylor, Jerome Cox

AGAINST:         NIL

4                 LPP23/21    Reporting Development Applications for determination by the Hornsby Local Planning Panel over 180 days

RECOMMENDATION

THAT the contents of LPP Report No. LPP23/21 be received and noted.

VOTING OF THE PANEL MEMBERS

FOR:                Penny Holloway, Linda McClure, Mary-Lynne Taylor, Barbra, Wynn, Jerome Cox

AGAINST:         NIL