MINUTES OF Local Planning Panel meeting
HOSTED AUDIO-VISUALLY
on Thursday 31 August 2023
at 4:00pm
PRESENT
Chairperson - Penny Holloway
Expert Panel Member Michael Leavey
Expert Panel Member - Heather Warton
Community Member - Tony Jones
Staff Present
Director, Planning and Compliance - James Farrington
Manager, Development Assessments - Rod Pickles
Major Development Manager - Cassandra Williams
Team Co-ordinator - Matthew Miles
Consultant Planner - Donna Clarke, Landmark Planning
Consultant Planner - Kendal Mackay, DFP
Consultant Planner - Thomas West, DFP
THE MEETING commenced at 4.00pm.
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 LPP31/23 DA/531/2023 - Construction of a Swimming Pool and Covered Deck - 92A Malton Road, Beecroft
Carina Lau (Tam) Against
John Lau Against
Patricia Brown (Byles Creek Valley Union Inc) Against
Stuart Brown Against
Clare Conroy (Owner/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 4:35pm.
PUBLIC MEETING ITEM
NON-PUBLIC MEETING ITEMS
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2 LPP15/23 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/1146/2020) |
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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 Attachment 2 of LPP Report No. LPP15/23. PANEL’S CONSIDERATION AND DETERMINATION The Panel considered the matters raised in the written submissions. The Panel resolved to adopt the independent assessment report’s recommendation and approve the proposed development subject to the conditions contained in Attachment 2 of the report, and the following amendments: Amend condition 49(e) to read: 49. Creation of Easements The following matter(s) must be nominated on the plan of subdivision under s88B of the Conveyancing Act 1919… e) The creation of a “Restriction as to user” over proposed Lot 2 for the area identified as ‘Restricted Development Area (RDA)’ on Plan No. S.15696B Revised Plan of Proposed Subdivision Rev B, prepared by PS Graham & Assoc., dated 17 October 2022. The restriction on the use of the land shall prohibit the construction of buildings in perpetuity other than class 10b structures on the area affected. Note: Council must be nominated as the authority to release, vary or modify any easement, restriction or covenant. Reason: To create legal entitlements to facilitate the proper use and management of land. Amend condition 55 to read: 55. Ongoing Protection of Remnant Trees All trees on site not approved for removal under this consent are required to be retained for conservation purposes. There is a legal obligation for their preservation and these trees are excluded from the clearing provisions of the 10/50 Vegetation Clearing Code of Practice for New South Wales in accordance with Clause 7.8 of the Code. Reason: To ensure the ongoing protection of and conservation of the Blue Gum High Forest vegetation community. 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 is in keeping with the character of the surrounding area and does not create unreasonable environmental impacts to adjoining development with regard to amenity or privacy, subject to the recommended conditions of consent. · The proposed development maintains and protects areas of high biodiversity value. · The panel recognises that the Planning Agreement has been endorsed by Hornsby Shire Council at its meeting on 9 August 2023. VOTING OF THE PANEL MEMBERS FOR: Penny Holloway, Michael Leavey, Heather Warton, Tony Jones AGAINST: NIL |
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3 LPP30/23 DA/393/2023 - Re-construction of an Existing Retaining Wall on Road Reserve - North Epping Bowling Club, 132A Boundary Road, North Epping (DA/393/2023) |
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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. PANEL’S CONSIDERATION AND DETERMINATION The Panel considered the matters raised in the written submissions. The Panel resolved to adopt the independent assessment report’s recommendation and approve the proposed development subject to the conditions contained in Schedule 1 of the independent assessment 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 public land with regard to visual bulk and amenity subject to the recommended conditions of consent including in relation to requirements for landscaping. · The proposed development is an essential element to protect public safety and access. VOTING OF THE PANEL MEMBERS FOR: Penny Holloway, Michael Leavey, Heather Warton, Tony Jones AGAINST: NIL |
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4 LPP28/23 Reporting Development Applications for Determination by the Hornsby Local Planning Panel over 180 Days (F2013/00295-004) |
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THAT the contents of LPP Report No. LPP28/23 be received and noted. PANEL’S CONSIDERATION AND DETERMINATION The Panel resolved to receive and note the report. VOTING OF THE PANEL MEMBERS FOR: Penny Holloway, Michael Leavey, Heather Warton, Tony Jones AGAINST: NIL |
THE MEETING concluded at 5.02pm.
Chairperson