MINUTES OF Local Planning Panel meeting
HOSTED AUDIO-VISUALLY VIA ZOOM
on Wednesday 30 November 2022
at 4:00pm
PRESENT
Chairperson - Garry Fielding
Expert Panel Member - Scott Barwick
Expert Panel Member - Steven Layman
Community Member - David White
Community Member - Amanda Anderson
Staff Present
Director, Planning and Compliance - James Farrington
Manager, Development Assessments - Rod Pickles
Major Development Manager - Cassandra Williams
Team Co-ordinator - Matthew Miles
Senior Town Planner - Madeleine Bayman
Town Planner - Sophie Valentine
Town Planner - Tim Buwalda
Ben Jones - Principal Strategic Planner
Consultant Planner - Donna Clarke
ABORIGINAL RECOGNITION
Statement by the Chairman:
"We acknowledge we are on the traditional lands of the Darug and Guringai Peoples. We pay our respects to elders past and present."
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
political donations disclosure
NIL
declarations of interest
NIL
ADDRESSES TO THE PANEL
The following members of the public addressed the Panel on the item on the agenda for the public meeting:
Local Planning Panel
1 LPP62/22 DA/431/2022 - Demolition of Structures and Torrens Title Subdivision of 2 Lots into 6 - 127 & 127A Boundary Road, North Epping
Garry Humphrey Against
Craig Collins (owner) For
Graham McKee (applicant’s solicitor) For
2 LPP63/22 DA/514/2022 - Torrens Title Subdivision of 1 Lot into 4 and Road Widening - 263 Malton Road, North Epping
Garry Humphrey Against
Sue Neil For
3 LPP61/22 DA/1244/2021 - Seniors Living Development Comprising 30 Self-Contained Dwellings - 15B, 17, 19, 19A & 21 Penrhyn Avenue, Beecroft and 579 Pennant Hills Road, West Pennant Hills
Sheng Kong Against
Glenn Weinert Against
Janine Reid Against
Peter Tan Against
Bob Reid Against
Chirinjeev Saggar Against
Peter Brooks (architect) For
Andy Ludvik (planner) For
Anthony Mancone (civil engineer) For
4 LPP56/22 DA/1368/2021 - Construction of a 91 Place Child Care Centre with Basement Carparking - 59 Edwards Road, Wahroonga
Wendy Doyle Against
John Looker Against
Karen Chan Against
Rob Critchlow Against
Sara Shabanian Against
Lachlan Rodgers (town planner) For
Craig Cowper (contamination consultant) 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 5:47pm.
PUBLIC MEETING ITEMS
1 LPP62/22 DA/431/2022 - Demolition of structures and Torrens title subdivision of 2 lots into 6 - 127 & 127A Boundary Road, North Epping (DA/431/2022) |
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/431/2022 for the demolition of structures, Torrens title subdivision of 2 lots into 6 lots and road widening as a staged development at Lots O & N DP 28986, Nos. 127 & 127A Boundary Road, North Epping, subject to the conditions of consent detailed in Schedule 1 (Attachment 2 - Item 1) of Late Item Memo LM14/22. PANEL’S CONSIDERATION AND DETERMINATION The Panel considered the matters raised in the written submissions and by the speakers at the meeting including reduced road verge, safe pedestrian access and the recommended condition requiring ‘No Parking’ signs on Walker Place. 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 Hornsby Local Environmental Plan 2013. Also, in accordance with Clause 4.6(4) of the Hornsby Local Environmental Plan 2013, the Panel is satisfied that the proposed development will be in the public interest because it is consistent with the objectives of the ‘minimum lot size’ 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 (Attachment 2 I Item 1) of Late Item Memo LM14/22 and the following amendments: Insert new condition No. 7A to read: a) A Landscape Plan is to be submitted to Council for approval detailing the location and tree species of the replacement planting required in condition No. 32 of the consent. b) The Landscape Plan must be submitted with the application for the Subdivision Works Certificate. Amend condition No. 32 to read: 32. Replacement Tree Requirements a) The trees approved for removal under this consent, being trees numbered 1, 2, 3, 4, 5, 6, 8, 9, 10, 11a, 11b, 11c, 12, 13, 14, 15, 28, 31 and 32 must be offset through replacement planting of a minimum of 19 trees. The replacement trees are to be wholly contained within the proposed lots and located: i) With a minimum of 2 trees per lot, 1 of which must be a canopy tree, planted within the front setback of each proposed lot as shown on the approved Landscape Plan in the final subdivision. ii) In the rear of the lots along the eastern boundary. iii) With a minimum of 5 replacement canopy trees within the handle of residue Lot 1 and Lot 204. 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 in either front or rear setbacks and planted 4 metres or greater from the foundation walls of the approved indicative building envelopes. 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 when planted. iv) All replacement trees must have the potential to reach a mature height greater than 10 metres. d) Tree protection fencing is required to be permanently erected around the replacement planting within the front setback of each proposed lot until the completion of the respective dwelling house, installation of each on-site detention tank and driveway for the subject lot and issue of the corresponding Occupation Certificate. Should the replacement planting be damaged at any time during construction, the damaged replacement planting is to be replaced. Amend condition No. 33 to read: 33. Final Certification The AQF 5 Project arborist must submit to the Principal Certifying Authority a certificate confirming the following: a) Compliance with all tree protection requirements in accordance with the approved tree protection plan for the duration of demolition and construction works. b) All works relating to tree protection and maintenance have been carried out in compliance with the conditions of consent and approved plans. c) Dates, times and reasons for all site attendance. d) All works undertaken to maintain the health of retained trees. e) Details of tree protection zone maintenance for the duration of works. f) A statement to confirm that tree replacement planting meets NATSPEC guidelines and the approved landscape plan. g) Tree protection fencing has been erected around the replacement planting within the front setback of the proposed lots and maintained until an occupation certificate is granted for the future dwelling. Note: Copies of monitoring documentation may be requested throughout DA process. Delete condition No. 37 Parking Restrictions Amend condition No. 39 to read: 39. Creation of Easements The following matter(s) must be nominated on the plan of subdivision under s88B of the Conveyancing Act 1919: a) The creation of a “Positive Covenant” over the proposed Lots 101 & 102 requiring that any future development is to provide a minimum 5,000 litre rainwater tank to be connected to all toilets, laundry use and irrigation purposes or provide a raingarden with a minimum filter area of 6m2 to meet the water quality targets outlined in the Hornsby Development Control Plan 2013. b) The creation of a “Positive Covenant” over the proposed Lots 101 & 102 requiring that any future development is to provide an on-site detention system. The on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second into Council’s drainage system in accordance with Council’s prescribed wording. The on-site detention system is to be located within the front setback below a future driveway on each lot. The on-site detention system is to be located within the front setback below a future driveway on each lot. c) "Restriction on the Use of Land" over residue Lot 1 to prohibit vehicular access from Boundary Road, with all vehicular access required via Walker Place. Note: Council must be nominated as the authority to release, vary or modify any easement, restriction or covenant. The reasons for this decision are: · The Panel has considered the Clause 4.6 written requests from the applicant to contravene the minimum lot size development standard applying to the site that seeks to justify the contravention of the development standards by demonstrating: o that compliance with the development standards is unreasonable or unnecessary in the circumstances of the case, and o that there are sufficient environmental planning grounds to justify contravening the development standards. · In respect of Clause 4.6(4) of the Hornsby Local Environmental Plan 2013, the Panel is satisfied that: o the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and o the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and · 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 subject to the recommended conditions of consent. VOTING OF THE PANEL MEMBERS FOR: Garry Fielding, Steven Layman, Scott Barwick, David White AGAINST: NIL |
2 LPP63/22 DA/514/2022 - Torrens Title Subdivision of 1 Lot into 4 and Road Widening - 263 Malton Road, North Epping (DA/514/2022) |
THAT Development Application No. DA/514/2022 for demolition of existing dwelling house and carport, Torrens title subdivision of 1 lot into 4, construction of a driveway, drainage works and road widening as a staged development at Lot M DP 28986, No.263 Malton Road, North Epping be approved subject to the conditions of consent detailed in Schedule 1 (Attachment 2 - Item 2) of Late Item Memo LM14/22. PANEL’S CONSIDERATION AND DETERMINATION The Panel considered the matters raised in the written submissions and by the speakers at the meeting including extension of footpath to the cul-de-sac bulb and question why a heritage assessment of the dwelling to be demolished was not undertaken. The Panel resolved to adopt the officer’s recommendation and approve the proposed development subject to the conditions contained in Schedule 1 (Attachment 2 - Item 2) of Late Item Memo LM14/22 and the following amended conditions. Insert new condition No. 7A to read: 7A. Amendment of Plans a) A Landscape Plan is to be submitted to Council for approval detailing the location and tree species of the replacement planting required in condition No. 32 of the consent. b) The Landscape Plan must be submitted with the application for the Subdivision Works Certificate. Amend condition No. 32 to read: 32. Replacement Tree Requirements a) The trees approved for removal under this consent, being trees numbered 5-9 (inclusive) and 21 must be offset through replacement planting of a minimum of 4 canopy trees. 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 in either front or rear setbacks and planted 4 metres or greater from the foundation walls of the approved indicative building envelopes. 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 when planted. iv) All replacement trees must have the potential to reach a mature height greater than 10 metres. d) Tree protection fencing is required to be permanently erected around the replacement planting until the completion of the dwelling and driveway for the subject lot and issue of the corresponding Occupation Certificate. Should the replacement planting be damaged at any time during construction, the damaged replacement planting is to be replaced. Amend condition No. 33 to read: 33. Final Certification The AQF 5 Project arborist must submit to the Principal Certifying Authority a certificate that includes the following: a) Compliance with all tree protection requirements in accordance with the approved tree protection plan for the duration of demolition construction works. b) All works relating to tree protection and maintenance have been carried out in compliance with the conditions of consent and approved plans. c) Dates, times and reasons for all site attendance. d) All works undertaken to maintain the health of retained trees. e) Details of tree protection zone maintenance for the duration of works. f) A statement to confirm that tree replacement planting meets NATSPEC guidelines and the approved landscape plan. g) Tree protection fencing has been erected around the replacement planting within the front setback of the proposed lots and maintained until an occupation certificate is granted for the future dwelling. Note: Copies of monitoring documentation may be requested throughout DA process. Amend condition No. 35 to read: 35. Footpath A concrete footpath must be designed along the western side of Walker Place in accordance with AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and the following requirements: a) Pouring of the concrete footpath on the western side of Walker Place along the frontages of Nos. 12, 14 and 16 Walker Place and for the entire frontage of Proposed Lot 19. b) The land adjoining the footpath to be fully turfed. c) Any public utility adjustments to be carried out at the cost of the applicant and to the requirements of the relevant public authority. Note: The plans of the footpath must be submitted and approved by Council’s Manager Traffic and Road Safety prior to the issue of a Construction Certificate. Please submit this information to TrafficEngineering&RoadSafety@hornsby.nsw.gov.au for approval. Delete condition No. 36 Parking Restrictions 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 subject to the recommended conditions of consent. VOTING OF THE PANEL MEMBERS FOR: Garry Fielding, Steven Layman, Scott Barwick, David White AGAINST: NIL |
ELECTRONIC DETERMINATION ITEMS
THE MEETING concluded at 7:03pm.
Chairperson