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RECOMMENDATION
THAT pursuant to Section 4.55(2) of the Environmental
Planning and Assessment Act 1979, Development Application No.
DA/1047/2019 for alterations and additions to the Thornleigh Marketplace
including the construction of a second-floor level comprising retail
floorspace at Lot 100 DP 608646 and Lot 38 DP 263535, No. 17 Bellevue Street,
Thornleigh be amended as detailed in Attachment 1 of LPP Report No. LPP7/24.
PANEL’S CONSIDERATION AND DETERMINATION
The Panel considered the matters raised in the written
submission.
The Panel resolved to adopt the officer’s recommendation
and approve the modification application subject to the conditions contained
in Attachment 1 of the report.
The reasons for this decision are:
·
The Panel is satisfied that the development to which the
consent as modified relates is substantially the same development as the
development for which the consent was originally granted.
·
The Panel is
satisfied with the justification in the written request from the applicant to
contravene the ‘Height of Buildings’ development standard applying
to the site that seeks to justify the contravention of the development
standard 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 standard.
·
The modified development generally complies with the
requirements of the relevant environmental planning instruments and the Hornsby
Development Control Plan 2013.
·
The modified development does not create unreasonable
environmental impacts to adjoining development with regard to visual bulk,
solar access, amenity or privacy.
VOTING OF THE PANEL MEMBERS
FOR: Penny
Holloway, Scott Barwick, Elizabeth Kinkade, David White
AGAINST: NIL
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