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MINUTES OF Local Planning Panel ELECTRONIC meeting

 

HOSTED AUDIO-VISUALLY VIA TEAMS

on Wednesday 25 October 2023

at 2:00pm

 

 


PRESENT

Chairperson - Garry Fielding

Expert Panel Member - Juliet Grant

Expert Panel Member - Linda Larissa Ozog

Community Member - David White

 

Staff Present

Director, Planning and Compliance - James Farrington

Manager, Development Assessments - Rod Pickles

Major Development Manager -  Cassandra Williams

Senior Town Planner - Tim Buwalda

Senior Town Planner - George Papworth

Town Planner - Sophie Valentine

Consultant Planner - Henry Burnett, DFP

 

THE MEETING commenced at 2.00pm.

 

APOLOGIES / leave of absence

NIL

political donations disclosure

NIL

declarations of interest

NIL

ELECTRONIC DETERMINATION ITEMS

1                 LPP35/23    DAM/1170/2022/A - Section 4.55(2) application to modify the approved dwelling - 33 Evans Road, Hornsby Heights

                                               (DAM/1170/2022/A

RECOMMENDATION

THAT pursuant to Section 4.55(2) of the Environmental Planning and Assessment Act 1979, Development Application No. DA/1170/2022 for the construction of a dwelling house at Lot 42 DP 236494, No. 33 Evans Road, Hornsby Heights be amended as detailed in Schedule 1 of LPP Report No. LPP35/23.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised in the written submissions.

The Panel resolved to adopt the officer’s recommendation and approve the proposed modification subject to the conditions contained in Schedule 1 of the report and the following amendments:

Amend condition No. 48 to read:

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.

a)         The horizontal privacy louvres to the lower ground level and ground floor level must extend a minimum 0.9m beyond the floor level and these privacy louvres must be fixed and angled away from No. 4 Mullion Close to ensure that no individual openings are more than 30mm wide and have a total of all openings less than 30% of the surface area when viewed from a standing position on the balconies.

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.

Reason: To provide privacy to the site and adjoining development.

The reasons for this decision are:

·                 The proposed modification generally complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2013.

·                 The proposed modification aims to maintain privacy to No. 4 Mullion Close as intended by the original Panel decision.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Larissa Ozog, David White

AGAINST:   NIL

 

2                 LPP37/23    DA/464/2023 - Construction of a dwelling house - 24 Chandler Avenue, Cowan

(DA/464/2023)

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/464/2023 for construction of a dwelling house at Lot 304 DP 778653, No. 24 Chandler Avenue, Cowan subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP37/23.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised in the written submissions.

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 building’ 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.

The reasons for this decision are:

·                 The Panel has considered the Clause 4.6 written request from the applicant to contravene the Height of building development standard applying to the site that seeks to justify the contravention of the development standard by demonstrating:

o        that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

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

·                 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 with regard to visual bulk, solar access, tree loss, view sharing, amenity or privacy, subject to the recommended conditions of consent.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Larissa Ozog, David White

AGAINST:        NIL

 

3                 LPP38/23    Reporting Development Applications for Determination by the Hornsby Local Planning Panel over 180 Days

(F2013/00295-004)

RECOMMENDATION

THAT the contents of LPP Report No. LPP38/23 be received and noted.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel resolved to receive and note the report and noted that following the briefing of DA/1022/2021 for Torrens title subdivision of 1 lot into 60 and land dedication at 36-56 David Road, Castle Hill, the assessment report is likely to be provided to the panel in the first quarter 2024.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Larissa Ozog, David White

AGAINST:        NIL

 

THE MEETING concluded at 2.45pm.

 

Chairperson