MINUTES OF Local Planning Panel meeting

Hosted via Teleconference

on Wednesday 31 July 2024

at 4:00pm

Chairperson - Penelope Holloway

Expert Panel Member - Elizabeth Kinkade

Expert Panel Member - John Brockhoff

Community Member - Tony Jones

Staff Present

Director Planning Division – James Farrington

Manager, Development Assessments - Rod Pickles

Major Development Manager - Cassandra Williams

Town Planner - Amelia Xu

Town Planner - Elvin Keung

Senior Town Planner - Katrina Maxwell

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

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 LPP14/24 DA/1003/2023 - Construction of a Dwelling House and Swimming Pool - 11A Malton Road, Beecroft

Patricia Brown (Byles Creek Valley Union Inc) Against

Lyn Schofield Against

Stefano Di Lorenzo (applicant) For

IN ACCORDANCE WITH CLAUSE 3.3(5.b) OF SCHEDULE 1 OF THE OPERATIONAL PROCEDURES DIRECTIONS ISSUED 1 FEBRUARY 2023.

The Panel Chair closed the public meeting at 4:20pm.

pUBLIC MEETING ITEMS

1 LPP14/24 DA/1003/2023 - Construction of a Dwelling House and Swimming Pool - 11A Malton Road, Beecroft

(DA/1003/2023)

RECOMMENDATION

THAT the Hornsby Local Planning Panel, exercising the functions of Council as the consent authority, approve Development Application No. DA/1003/2023 for demolition of existing structures and construction of a dwelling house and swimming pool at Lot 5 DP 4551, No. 11A Malton Road, Beecroft subject to the conditions of consent in Attachment 1 of LPP Report No. LPP14/24.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised in the written submissions and by the speakers at the meeting including bulk and scale; setbacks, removal of trees; flora and fauna impacts, privacy, bushfires, impacts; hours of construction; Byles Creek draft plan; unsympathetic to HCA

The Panel resolved that the matter be deferred to the next available Hornsby Local Planning Panel to address the draft Byles Creek Planning Proposal.

VOTING OF THE PANEL MEMBERS

FOR: Penelope Holloway, Elizabeth Kinkade, John Brockhoff, Tony Jones

AGAINST: NIL

ELECTRONIC DETERMINATION ITEMS

2 LPP15/24 DA/371/2024 - Alterations and additions to a dwelling house - 3 Narena Close, Beecroft

(DA/371/2024)

RECOMMENDATION

A. THAT the Hornsby Local Planning Panel, exercising the functions of Council as the consent authority, vary Clause 4.3 Height of buildings Development Standard pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013. The Panel is satisfied that the applicant’s written request has demonstrated the matters required in 4.6(3)(a) and (b) and the proposed development is consistent with the objectives of the standard and the objectives for development within the zone in which the development is proposed to be carried out.

B. THAT the Hornsby Local Planning Panel, exercising the functions of Council as the consent authority, approve Development Application No. DA/371/2024 for alterations and additions to a dwelling house at Lot 2 DP 237044, No. 3 Narena Close, Beecroft subject to the conditions of consent in Attachment 1 of LPP Report No. LPP15/24.

PANEL’S CONSIDERATION AND DETERMINATION

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 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 Attachment 1 of the report.

The reasons for this decision are:

· The Panel is satisfied the Clause 4.6 written request from the applicant to contravene the Height of buildings development standard applying to the proposal demonstrates:

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 standards.

· In respect of Clause 4.6(3) of the Hornsby Local Environmental Plan 2013, the Panel is satisfied that: the applicant’s written request has adequately addressed the matters required in Clause 4.6(3)(a) and (b).

· The proposed development generally complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2024.

· 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: Penelope Holloway, Elizabeth Kinkade, John Brockhoff, Tony Jones

AGAINST: NIL

3 LPP1/24 ELECTRONIC - DA/794/2023 - Construction of a 5-Storey Residential Flat Building comprising 20 Units - 21-25 Thornleigh Street, Thornleigh

(DA/794/2023)

RECOMMENDATION

THAT the Hornsby Local Planning Panel, exercising the functions of Council as the consent authority, approve Development Application No. DA/794/2023 for demolition of existing structures and construction of a 5-storey residential flat building comprising 20 units at Lots 34, 35 and 36 Sec 4 DP 1854, Nos. 21-25 Thornleigh Street, Thornleigh subject to the conditions of consent in Attachment 1 of LPP Report No. LPP1/24.

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 development subject to the conditions contained in Attachment 1 of the report.

The reasons for this decision are:

· The panel notes that the height of the proposed development is 16.5 metres which complies with the maximum building height of 16.5 metres under Clause 4.3 Height of buildings of the Hornsby Local Environmental Plan 2013.

· The proposed development generally complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2024.

VOTING OF THE PANEL MEMBERS

FOR: Penelope Holloway, Elizabeth Kinkade, John Brockhoff, Tony Jones

AGAINST: NIL

4 LPP16/24 ELECTRONIC 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. LPP16/24 be received and noted.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel resolved to receive and note the report.

VOTING OF THE PANEL MEMBERS

FOR: Penelope Holloway, Elizabeth Kinkade, John Brockhoff, Tony Jones

AGAINST: NIL

THE MEETING concluded at 4.29pm.

Chairperson