MINUTES OF Local Planning Panel meeting

HOSTED AUDIO-VISUALLY VIA ZOOM

on Wednesday 15 December 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 - John Filocamo

Staff Present

Director, Planning and Compliance - James Farrington

Manager, Development Assessments - Rod Pickles

Major Development Manager - Cassandra Williams

Senior Town Planner - Matthew Miles

Senior Town Planner - Madeleine Brown

Town Planner - Tim Buwalda

Consultant Acoustic Engineer - Steven Cooper

The meeting commenced at 6.30pm.

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:

Local Planning Panel

1                 LPP27/21    DA/20/2021 - Shop Top Housing Development Comprising 2 Retail Units and 34 Residential Units - 5 Wongala Crescent Beecroft

Ross Walker (VP Beecroft Cheltenham Civic Trust)                                         Against

Russell Zimmerman                                                                                       Against

Trish Brown (Byles Creek Valley Union)                                                          Against

Garry Chapman (Applicant’s Town Planner)                                                    For

Kimberly Antonio (Applicant’s Architect)                                                         For

Paul Buljevic (Applicant’s Architect)                                                                For

2                 LPP32/21    DA/357/2021 - Temporary Use of Site as a Function Centre - 4 Henstock Road Arcadia

Natalie Richter - Town Planner                                                                       Against

Sally Bennett                                                                                                Against

Joseph Mortimer                                                                                           Against

Allan Chadwick                                                                                             Against

Hanna Foulis                                                                                                Against

Fiona Baldwin                                                                                               Against

James Lahoud                                                                                              Against

Sarah Hartley (Applicant’s Town Planner)                                                       For

Glenn Leembruggen (Applicant’s Acoustic Engineer)                                       For

Peter Shipway (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 8.06pm.

1                 LPP27/21    DA/20/2021 - Shop Top Housing Development Comprising 2 Retail Units and 34 Residential Units - 5 Wongala Crescent Beecroft

(DA/20/2021)

RECOMMENDATION

THAT Hornsby Shire Local Planning Panel 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/20/2021 for demolition of existing structures and construction of 5 storey shop top housing development comprising 2 x retail/commercial units, 34 residential units and basement carparking at Lot C DP 300075, Lot 2 DP 309575, Lot 2 DP 980180, No. 5 Wongala Crescent, Beecroft 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. LPP27/21.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised in the written submissions and by the speakers at the meeting including loss of retail tenancies and proposed configuration of the new retail space, location of electricity substation, ground water contamination; absence of public toilets and Byles Creek flora, fauna and water quality impacts.

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 the HLEP and in accordance with clause 4.6(4) of the HLEP, is satisfied that the proposed development will be in the public interest because it is consistent with the objectives of the ‘Height of Buildings’ development standard 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 contained in Schedule 1 of the report and the following amendments:

Amend condition No. 3 to read:

3.         Amendment of Plans

a) To comply with Council’s requirement in terms of privacy, the approved plans are to be amended as follows:

i) Elevations 02, DA 201, Issue E dated 21.10.2021 must be amended by incorporating obscure glazing or a privacy screen in the northern elevation window for bedroom ‘2’ and study window of Units B202 and B302 in the northern elevation; and

ii) Elevations 02, DA 201, Issue E dated 21.10.2021 must be amended by incorporating obscure glazing or a privacy screen for the northern elevation window in bedroom ‘4’ and living/dining room window in the northern elevation for unit B501 on the upper level. 

b) To enhance natural light to Retail 1 and 2 between the residential lobby, and to provide a covered entrance to the residential lobby, the approved plans are to be amended as follows:

i) Glazing is to be installed along the wall of Retail 2 from the front boundary to the fire booster and glazing is to be installed along the wall of Retail 1 from the front boundary to the pedestrian entry in-front of ‘planter wall’ as marked in red on the approved plans.

ii) Non-trafficable roof located between Units A101 and B104 to be glazed and a glazed awning must be located to the front boundary as marked in red/ hatched in yellow on the approved plans.

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

The reasons for this decision are:

· The proposal is permissible with development consent in the B2 Local Centre Zone under the Hornsby Local Environmental Plan 2013 and is consistent with the objectives of that zone. The proposal complies with the FSR development standard under the Hornsby Local Environmental Plan 2013 and is consistent with the other relevant provisions of the Hornsby Local Environmental Plan 2013 with the exception of the Height of Buildings development standard.

· The proposed development generally complies with the requirements of the relevant environmental planning instruments, Apartment Design Guide and the Hornsby Development Control Plan 2013.

· The Applicant has prepared a written request pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 to contravene the Height of Buildings development standard. It is considered that the Clause 4.6 written request has adequately demonstrated that:

o The height of buildings control is a development standard and is not excluded from the operation of Clause 4.6.

o Compliance with the development standard is unreasonable and unnecessary in this instance.

o There are sufficient environmental planning grounds to justify contravening the development standard.

o The proposal is in the public interest because it is consistent with the objective of the height of building development standard and the objectives of the B2 Local Centre Zone.

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

· The proposal is supported by Council’s DEP and is sympathetic to the adjacent local heritage item and the traditional shop front character of Beecroft Village.

VOTING OF THE PANEL MEMBERS

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

AGAINST:         NIL

2                 LPP32/21    DA/357/2021 - Temporary Use of Site as a Function Centre - 4 Henstock Road Arcadia

(DA/357/2021)

RECOMMENDATION

THAT Development Application No. DA/357/2021 for the temporary use of site as a function centre at Lot 3 DP 832940, No. 4 Henstock Road, Arcadia be refused for the reasons detailed in Schedule 1 of LPP Report No. LPP32/21.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised in written submissions and by the speakers at the meeting including operating without consent, proposed ‘temporary use’, noise, amenity and economic impacts, effluent disposal, traffic and safety implications relating to proposed truck movements, guest  arrival and departure, headlight glare from the elevated car parks, emergency vehicle access and residents being able to vacate their sites in the event of an emergency, impacts on primary production on surrounding sites,  acoustic; and the visual, amenity and odour impacts from the use of food trucks, port-a-loos etc

The Panel resolved to adopt the officer’s 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 relevant requirements of the Hornsby Local Environmental Plan 2013 and Hornsby Development Control Plan 2013.

· The proposed development is not suitable for the subject site, creates unreasonable amenity impacts to surrounding neighbours and does not adequately address acoustic, plan of management and effluent disposal requirements.

· The panel is not satisfied that the proposed development will not adversely impact on any adjoining land or on the amenity of the neighbourhood.

VOTING OF THE PANEL MEMBERS

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

AGAINST:         NIL

3                 LPP39/21    DA/959/2021 - Alterations and Additions to a Dwelling House - 46 Marine Crescent Hornsby Heights

(DA/959/2021)

RECOMMENDATION

THAT Development Application No. DA/959/2021 for alterations and additions to a dwelling house at Lot 3 DP 244832, No. 46 Marine Crescent Hornsby Heights be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP39/21.

PANEL’S CONSIDERATION AND DETERMINATION

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 the HLEP and in accordance with clause 4.6(4) of the HLEP, is satisfied that the proposed development will be in the public interest because it is consistent with the objectives of the ‘Height of Buildings’ development standard 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 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 request under Clause 4.6 of Hornsby Local Environmental Plan 2013 to contravene the ‘Height of Buildings’ 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 contravention to the development standards.

· 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 bulk, overshadowing, solar access, amenity or privacy.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Linda McClure, John Filocamo

AGAINST:         NIL

4                 LPP40/21    DA/1074/2021 - Demolition of a heritage listed dwelling house - 75 Berowra Waters Road Berowra

(DA/1074/2021)

RECOMMENDATION

THAT Development Application No. DA/1074/2021 for the demolition of a heritage listed dwelling house at Lot 12 DP 56280, No. 75 Berowra Waters Road, Berowra be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP40/21.

PANEL’S CONSIDERATION AND DETERMINATION

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

The reasons for this decision are:

· Demolition of the heritage item is justified given the current state of disrepair and poor structural condition of the dwelling house and substantial restoration work would be cost prohibitive and reconstruction would compromise the heritage significance of the item.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Linda McClure

AGAINST:         NIL

5                 LPP41/21    Reporting of Development Applications for determination by the Hornsby Local Planning Panel over 180 days

RECOMMENDATION

THAT the contents of LPP Report No. LPP41/21 be received and noted.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel resolved to receive and note the report and provided the following comments:

· In relation to DA/416/2020, Council to liaise with Sydney Trains to resolve the granting or refusal of concurrence after which the matter will be presented to the Panel for determination.

· In relation to DA/528/2020, the applicant is to provide the requested additional information by 24 January 2022, after which the matter will be presented to the Panel for determination on the basis of information currently submitted.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Linda McClure

AGAINST:         NIL

The Panel’s meeting concluded at 9.20pm.

Chairperson