Supplementary Agenda of Local Planning Panel meeting

LPP Report No. LPP15/23

Local Planning Panel

Date of Meeting: 31/08/2023

2 DA/1146/2020 - DEMOLITION OF STRUCTURES AND THE TORRENS TITLE SUBDIVISION OF ONE LOT INTO TEN INCLUDING A PLANNING AGREEMENT FOR ROAD ACQUISITION - 90-92 FRANKLIN ROAD, CHERRYBROOK

DA No:	DA/1146/2020 (Lodged on 22 December 2020)
Description:	Demolition of structures and Torrens title subdivision of one lot into ten including a planning agreement for road acquisition
Property:	Lot 18 DP 16975, No. 90-92 Franklin Road, Cherrybrook
Applicant:	PS Graham & Associates
Owner:	Goldmap Two Pty Ltd
Estimated Value:	$500,000
Ward:	C Ward
Clause 4.6 Request:	N/A
Submissions:	7
LPP Criteria:	Planning agreement
Author:	Independent report prepared by DFP
COI Declaration:	No Council staff involved in the assessment of this application have declared a Conflict of Interest.

RECOMMENDATION Consent

THAT Development Application No. DA/1146/2020 for demolition of structures, tree removal, civil works, and Torrens title subdivision of one lot into ten lots including one lot for road acquisition at Lot 18 DP 16975, No. 90-92 Franklin Road, Cherrybrook be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP15/23.

executive summary

· The application involves demolition of structures and the Torrens title subdivision of one lot into ten including a voluntary planning agreement for road acquisition.

· The application involves land to be acquired by Hornsby Shire Council and is required to be determined by the Hornsby Local Planning Panel. An independent assessment of the development application has been undertaken by DFP.

· A total of 7 submissions have been received in respect of the application.

· The application is required to be determined by the Hornsby Council Local Planning Panel as the application includes a planning agreement and land to be acquired by Council.

· The assessment report by DFP is attached to this report for the Hornsby Planning Panel’s consideration. The independent consultant’s report recommends that the application be approved.

ASSESSMENT

In accordance with the referral criteria and procedural requirements for Local Planning Panels, the assessment of the development application has been referred to an independent town planning consultant as a Planning Agreement (PA) has been lodged with the development application to which Council is a party. The report by DFP is held at Attachment 1 of this report.

CONCLUSION

The application proposes demolition of structures, tree removal, civil works, and Torrens title subdivision of one lot into ten lots including one lot for road acquisition.

The development generally meets the desired outcomes of Council’s planning controls and is satisfactory having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

Council received 7 submissions during the public notification period. The matters raised have been addressed in the independent report.

Council has referred the application to an independent town planner to carry out an assessment of the application. The assessment concludes that the application should be approved.

It is recommended that the Hornsby Local Planning Panel approve the application in accordance with the recommendations in the report prepared by DFP and the conditions of consent in Attachment 2 of this report.

Note: At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 10.4 of the Environmental Planning and Assessment Act 1979 in respect of the subject planning application.

Cassandra Williams

Major Development Manager - Development Assessments

Planning and Compliance Division

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

Attachments:

1.⇩	Independent Assessment Report
2.⇩	Draft Conditions
3.⇩	Locality Plan
4.⇩	Subdivision Plan
5.⇩	Planning Agreement
6.⇩	Minutes - Planning Agreement endorsement

File Reference: DA/1146/2020

Document Number: D08621023

LPP Report No. LPP30/23

Local Planning Panel

Date of Meeting: 31/08/2023

3 DA/393/2023 - RE-CONSTRUCTION OF AN EXISTING RETAINING WALL ON ROAD RESERVE - NORTH EPPING BOWLING CLUB, 132A BOUNDARY ROAD, NORTH EPPING

DA No:	DA/393/2023 (Lodged on 12 May 2023)
Description:	Re-construction of an existing retaining wall on road reserve
Property:	Lot 1034 DP 752053 - North Epping Bowling Club, No. 132A Boundary Road, North Epping
Applicant:	North Epping Bowling and Community Club Ltd
Owner:	The State of New South Wales
Estimated Value:	$32,201
Ward:	C Ward
Clause 4.6 Request:	N/A
Submissions:	Nil
LPP Criteria:	Crown land in the care and control of Council
Author:	Independent report prepared by Landmark Planning
COI Declaration:	No Council staff involved in the assessment of this application have declared a Conflict of Interest.

RECOMMENDATION

THAT Development Application No. DA/393/2023 for reconstruction of an existing retaining wall on road reserve and associated earthworks on the embankment on the south-western portion of North Epping Bowling Club at Lot 1034 DP 752053, No. 132A Boundary Road, North Epping be approved subject to the conditions of consent detailed in Attachment 1 of LPP Report No. LPP30/23.

executive summary

· The application involves reconstruction of an existing retaining wall on the road reserve at the front of North Epping Bowling Club and associated earthworks on the embankment on the south-western portion of the site.

· The application involves land in the care and control of Hornsby Shire Council and is required to be determined by the Hornsby Local Planning Panel. An independent assessment of the development application has been undertaken by Landmark Planning.

· No submissions have been received in respect of the application.

· The application is required to be determined by the Hornsby Council Local Planning Panel as the development is on Crown land in the care and control of Council.

· The assessment report by Landmark Planning is attached to this report for the Hornsby Planning Panel’s consideration. The independent consultant’s report recommends that the application be approved.

ASSESSMENT

In accordance with the referral criteria and procedural requirements for Local Planning Panels, the assessment of the development application has been referred to an independent town planning consultant as the development is located on Crown land in the care and control of Council. The report by Landmark Planning is held at Attachment 1 of this report.

CONCLUSION

The application proposes re-construction of an existing retaining wall on road reserve. The development generally meets the desired outcomes of Council’s planning controls and is satisfactory having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

In accordance with Council’s Conflict of Interest Policy for Council-related development the assessment of an application must be undertaken by an Independent Town Planning Consultant. Council has referred the application to an independent town planner to carry out an assessment of the application. The assessment concludes that the application should be approved.

It is recommended that the Hornsby Local Planning Panel approve the application in accordance with the recommendations in the report prepared by Landmark Planning and the conditions of consent in Attachment 1 of this report.

Cassandra Williams

Major Development Manager - Development Assessments

Planning and Compliance Division

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

Attachments:

1.⇩	Independent Assessment Report and Draft Conditions
2.⇩	Locality Plan
3.⇩	Architectural Plans

File Reference: DA/393/2023

Document Number: D08702297

LPP Report No. LPP28/23

Local Planning Panel

Date of Meeting: 31/08/2023

4 REPORTING DEVELOPMENT APPLICATIONS FOR DETERMINATION BY THE HORNSBY LOCAL PLANNING PANEL OVER 180 DAYS

EXECUTIVE SUMMARY

· In accordance with the Local Planning Panels Directions - Operational Procedures, Council is required to monitor development applications to be determined by the Panel that may be experiencing unreasonable delays of over 180 days from lodgement.

· A list of out outstanding development applications in excess of 180 calendar days from lodgement is attached for the Hornsby Local Planning Panel’s advice.

RECOMMENDATION

THAT the contents of LPP Report No. LPP28/23 be received and noted.

PURPOSE

The purpose of this report is to advise the Hornsby Local Planning Panel of development applications required to be determined by the Panel that are over 180 calendar days from lodgement.

DISCUSSION

In 2019 the NSW Productivity Commission conducted a review of the Independent Planning Commission (IPC). The review recommended several actions to streamline processes to optimise efficiency, output and performance.

The planning panel changes were implemented on 1 August 2020 to incorporate a number of the NSW Productivity Commission ‘s recommendations to the way Local Planning Panels work to make them more efficient and to improve the assessment and determination times of development applications and maintain panel oversight of sensitive and contentious applications.

These changes were made as part of the Planning Acceleration Program to support the State’s immediate and long-term economic recovery from the COVID-19 crisis.

The changes will speed up panel determinations by:

1. Reducing the need to conduct public panel meetings for non-contentious matters by applying a ‘10-or-more’ objection trigger for public meetings.

2. Reducing the amount of modifications going to panels.

3. Obliging panel chairs to more actively manage development applications (DAs) coming to the panels to reduce panel deferrals and assessment timeframes.

4. Allowing chairs to bring forward determination on DAs that are experiencing unreasonable delays of over 180 days from lodgement.

5. Introducing panel performance measures.

The Local Planning Panels Directions - Operational Procedures has been amended to:

· Require panels to make determinations within two weeks of being provided an assessment report.

· Require panels to hold a public meeting only where the Development Application has attracted 10 or more unique submissions by way of objection.

· Allow, at the Chair’s discretion, applicants to attend a briefing, along with council staff, to explain complex matters or present confidential or commercially sensitive material.

· Oblige panel chairs to work with council to ensure key issues are addressed during assessment in order to minimise deferrals by the panels at determination stage.

· Require the panels to provide reasons for deferring a decision and set timeframes in which any additional information must be provided in order to finalise the determination.

· Give panel chairs the ability to require council to report a DA to the panel within four weeks for determination if the application has experienced unreasonable delays in excess of 180 calendar days from lodgement.

In accordance with Point 6 of the Local Planning Panels Directions - Operational Procedures, attached is a list of development applications required to be determined by the Panel that are over 180 calendar days from lodgement.

CONCLUSION

Council is required to monitor development applications to be determined by the Panel that are over 180 calendar days from lodgement. This report provides advice to the Local Planning Panel on DAs that are experiencing unreasonable delays of over 180 days from lodgement.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this report is the Major Development Manager, Cassandra Williams.

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

1.⇩

DAs over 180 days

File Reference: F2013/00295-004

Document Number: D08701192