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MINUTES OF Local Planning Panel meeting

 

HOSTED AUDIO-VISUALLY VIA ZOOM

on Wednesday 27 October 2021

at 6:30pm

 

 

PRESENT

Chairperson - Garry Fielding

Expert Panel Member - Juliet Grant

Expert Panel Member - Linda McClure

Community Member - Barbra Wynn

Community Member - Brian Scarsbrick

Community Member - Jerome Cox

 

Staff Present

Director, Planning and Compliance - James Farrington

Manager, Development Assessments - Rod Pickles

Major Development Manager - Cassandra Williams

Senior Town Planner - Madeleine Brown

Consultant Planner - Nicola Neil

 

The meeting commenced at 6.40pm.

 

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  

 

ADDRESSES TO THE PANEL

The following members of the public addressed the Panel on items on the agenda:

1                 LPP22/21    DA/346/2021 - Torrens Title Subdivision of Two Lots into Four - 39-41 Beecroft Road, Beecroft

Ms Jan Primrose - Protecting your Suburban Environment Inc. (PYSE)            Against

Mr Graham Baker                                                                                         Against

Mrs Lynn Baker                                                                                             Against

Mr Ross Walker - Vice President, Beecroft Cheltenham Civic Trust                  Against

Ms Robyn Smith - Byles Creek Valley Union                                                   Against

Ms Trish Brown - Byles Creek Valley Union                                                    Against

Mr Peter Graham (Applicant)                                                                         For

Mr Bruce Maltman (Owner)                                                                            For

 

2                 LPP30/21    DA/739/2021 - Change of Use to a Chemist Warehouse and Consolidation of Three Commercial Premises into One - 3 Hillcrest Road, Pennant Hills

Allan Caladine - Town Planner (Speaking on behalf of Applicant)                    For

 

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 7.45pm.

 

 

Local Planning Panel

1                 LPP22/21    DA/346/2021 - Torrens Title Subdivision of Two Lots into Four - 39-41 Beecroft Road, Beecroft

(DA/346/2021)

RECOMMENDATION

THAT Development Application No. DA/346/2021 for Torrens title subdivision of two lots into four lots at Lot 12 and 13 DP 20759, Nos. 39 and 41 Beecroft Road, Beecroft 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 LPP Report No. LPP22/21.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised in written submissions and by the speakers at the meeting regarding the scale of the development, minimum lot size, flora and fauna impacts, flooding and stormwater impacts, tree protection, restricted development area, replacement planting; and privacy impacts.

The Panel resolved to adopt the officer’s recommendation and approve the proposed development subject to the conditions contained in Schedule 1 of the report and the following amendments:

New condition No. 2A:

2A.      Amendment of Plans

a)            To comply with Councils requirement in terms of replacement planting, approved plan No. LPDA 20-77, sheet 2, rev C Landscape Plan, prepared by Conzept landscape architects, dated 11 June 2021 is to be amended as follows:

i)              An additional 5 mid-storey trees (Blue Gum Shale Forest species) must be planted within the front setback of proposed Lots 1 and 4 in accordance with the requirements of condition No. 42 of this consent.

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

Amend condition No. 32c) to read:

32.          Approved Works within Tree Protection Zone incursions

c)             Approved excavations within the Tree Protection Zone of trees to be retained not associated with installation of services must be undertaken as follows:

i)              Excavations for the construction and installation of the driveway and stormwater infrastructure in the Tree Protection Zone of trees to be retained 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 24, 25, 26, 27, 28, 29, 31, 32, 35, 36, 37, 38, 39, 40, 41, 46, 48, 47, 50, 53, 54, 77, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 96, 98, 99, 100, 101, 102, 104, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127 on the approved plans must be supervised by the project arborist for the first 1m undertaken manually to locate roots and allow for pruning.

ii)             Excavations for the installation of the stormwater pits must be supervised by the project arborist and undertaken manually to locate roots and allow for pruning.

Amend condition No. 42 to read:

42.        Replacement Tree Requirements

a)            The trees approved for removal under this consent, must be offset through replacement planting of a minimum of 20 trees that are identified on the approved landscape plan prepared by Conzept Landscapes as amended.

b)            All replacement plantings must be species occurring in Blue Gum Shale Forest, and:

i)              A minimum of 15 mid-storey trees must be planted on site, 5 of which must be planted within the front setback of proposed Lots 1 and 4; and

ii)             A minimum of 5 Eucalyptus saligna must be planted on the site.

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

i)              All replacement trees must be located in accordance with the approved landscape plan and must be planted 4 metres or greater from the foundation walls of the approved development.

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.

iv)            Plant stock used for offset planting shall be sourced from a native nursery utilising Sydney basin stock.

The reasons for this decision are:

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.

·              Subject to the conditions as amended by the Panel, the proposed development does not create unreasonable environmental impacts with regard to heritage conservation, flora and fauna impacts, flooding and stormwater impacts, tree protection, restricted development area, replacement planting, tree preservation, earthworks, landscaping, amenity or privacy impacts.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Linda McClure, Barbra Wynn

AGAINST:         NIL

 

2                 LPP30/21    DA/739/2021 - Change of Use to a Chemist Warehouse and Consolidation of Three Commercial Premises into One - 3 Hillcrest Road, Pennant Hills

(DA/739/2021)

RECOMMENDATION

THAT Development Application No. DA/739/2021 for the change of use of premises to a Chemist Warehouse and consolidation of three commercial premises into one at Lot 2 DP 558805, No. 3 Hillcrest Road, Pennant Hills be approved, subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP30/21.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel resolved to adopt the officer’s recommendation and approve the proposed development subject to the conditions contained in Schedule 1 of the report and the following amendments:

Amend the development description in the recommendation to read:

THAT Development Application No. DA/739/2021 for the consolidation of three commercial premises into one and change of use to retail premises at Lot 2 DP 558805, No. 3 Hillcrest Road, Pennant Hills be approved, subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP30/21.

Amend condition No. 19 to read:

19.          Use of Premises

a)            The development approved under this consent must be used for ‘retail premises’ and not for any other purpose without Council’s separate written consent.

b)            The rear entry to the retail premises must not be used by customers. All customer access must be via the Hillcrest Road frontage.

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 development does not create unreasonable environmental impacts to adjoining development with regard to visual impact; and traffic and parking impacts.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Linda McClure, Jerome Cox

AGAINST:         NIL

 

3                 LPP34/21    DA/471/2021 - Use of industrial site as depot and waste transfer station - 5 Beaumont Road, Mount Kuring-gai

(DA/471/2021)

RECOMMENDATION

THAT Development Application No. DA/471/2021 for a depot and a waste transfer station at Lot 1124 DP822257, No. 5 Beaumont Road, Mount Kuring-gai be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP34/21.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel resolved to adopt the consultant planner’s assessment report recommendation and approve the proposed development, subject to the conditions contained in Schedule 1 of the report.

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 development does not create unreasonable environmental impacts to adjoining development with regard to tree and vegetation preservation, stormwater, water quality, traffic, noise and waste management.

VOTING OF THE PANEL MEMBERS

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

AGAINST:         NIL

 

4                 LPP31/21    DA/56/2021 - Group Home - 11 Denman Parade, Normanhurst

(DA/56/2021)

RECOMMENDATION

THAT Development Application No. DA/56/2021 for demolition of existing structures and construction of a group home at Lot E DP350516, No. 11 Denman Parade, Normanhurst, be refused for the reasons detailed in Schedule 1 of LPP Report No. LPP31/21.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel resolved to adopt the consultant planner’s assessment report recommendation and refuse the proposed development, for the reasons detailed in Schedule 1 of the report.

The reasons for this decision are:

·                The proposed development does not comply with the requirements of State Environmental Planning Policy (Affordable Rental Housing) 2009, Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2013.

·                The subject site is unsuitable for the proposed development owing to the flooding safety risk associated with the subject site. In this respect, the proposal does not address flood hazard or emergency response/ evacuation strategies in flood events more severe than the 1% AEP.

·                The proposed development is unsuitable for the site and creates unreasonable environmental impacts on biodiversity and does not adequately address flooding and stormwater management impacts.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Linda McClure, Jerome Cox

AGAINST:         NIL

 

5                 LPP33/21    Reporting of Development Applications for determination by the Hornsby Local Planning Panel over 180 days

 

RECOMMENDATION

THAT the contents of LPP Report No. LPP33/21 be received and noted.

VOTING OF THE PANEL MEMBERS

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

AGAINST:         NIL

 

The Panel’s meeting concluded at 8.51pm.

 

Chairperson