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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/1170/2022 for the construction of a dwelling house at Lot 42 DP 236494,
No. 33 Evans Road, Hornsby Heights subject to the conditions of consent
detailed in Schedule 1 of LPP Report No. LPP22.
PANEL’S CONSIDERATION
AND DETERMINATION
The Panel considered the matters raised in the written
submissions including height, bulk and scale, privacy impacts, excavation/
earthworks, tree removal and stormwater run-off.
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 ‘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:
Condition 48 be amended to modify the wording of the
privacy screen condition as marked up in red on the approved plans to specify
that the screen only applies to the shorter northern elevation. The panel
notes that a privacy screen along the longer eastern elevation is not
warranted as the surrounding trees serve as a privacy screening and a permanent
screening device would detract from views over the surrounding tree setting.
Condition 48 to read as follows:
48.
Installation of Privacy Devices
To establish and maintain a
reasonable level of privacy for the adjoining premises No. 4 Mullion Close:
a)
The balustrading to the lower and upper floor level decks on the
northern elevation where shown in red on the approved plans, must have no
individual openings more than 30mm wide and have a total of all openings less
than 30% of the surface area of the balustrading to a minimum height of 1
metre above finished floor level.
b)
The privacy screens proposed within the architectural plans must have
no individual openings more than 30mm wide and have a total of all openings
less than 30% of the surface area of the screens
The reasons for this decision are:
·
The Panel has
considered the Clause 4.6 written requests from the applicant to contravene Clause
4.3 Height of buildings 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.
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).
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.
·
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,
solar access, amenity or privacy, subject to the recommended conditions of
consent.
VOTING OF THE PANEL MEMBERS
FOR: Garry
Fielding, Elizabeth Kinkade, Anthony Hudson, Amanda Anderson
AGAINST: NIL
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