RECOMMENDATION
A.
THAT the Hornsby Local Planning Panel, exercising the functions of
Council as the consent authority, vary Clause 4.1 Minimum subdivision lot
size development standard pursuant to Clause 4.6 of the Hornsby Local
Environmental Plan 2013 as the applicants written request has adequately
addressed the merits required to be demonstrated by subclause (3) 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/966/2024
for Torrens title subdivision of one lot into two at Lot 2 DP 1128815, No. 121A
Pennant Hills Road, Normanhurst subject to the conditions of consent in
Schedule 1 of LPP Report No. LPP27/24.
PANEL’S CONSIDERATION
AND DETERMINATION
The Panel considered the applicant’s written request for Clauses
4.6(2) and (3) of the Hornsby Local Environmental Plan 2013 to contravene the Minimum subdivision
lot size development standard in Clause 4.1 of the Hornsby Local Environmental
Plan 2013 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.
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 applicant’s written request
for Clauses 4.6(2) and (3) of the Hornsby Local Environmental Plan 2013
prepared by Key Urban Planning dated 8 October 2024, received by Council on 9
October 2024 to contravene the Minimum subdivision lot size development
standard in Clause 4.1 of the Hornsby Local Environmental Plan 2013.
·
In accordance with Clause 4.6(4) of the Hornsby Local
Environmental Plan 2013, the Panel is satisfied that the applicant has
demonstrated that:
o 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 that:
Ø compliance
with the development standards is unreasonable or unnecessary in the
circumstances of the case, and
Ø there
are sufficient environmental planning grounds to justify contravening the
development standards.
VOTING OF THE PANEL MEMBERS
FOR: Penelope
Holloway, Marjorie Ferguson, Stephen McMahon, Aiman Khan
AGAINST: NIL
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