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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 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/907/2024 for demolition
and construction of a residential flat building comprising 39 units at Lots
22, 23 & 24, DP 23965, No. 454-458 Peats Ferry Road, Asquith subject to
the conditions of consent in Attachment 2 of LPP Report No. LPP12/25.
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 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 consultant planner’s
assessment report recommendation and approve the proposed development subject
to the conditions contained in Attachment 2 of the report and the following
amendments.
Amend deferred commencement requirement to read:
Deferred
Commencement
1.
Pursuant to Section 4.16(3) of the Environmental Planning and
Assessment Act 1979, this consent does not operate until:
a.
Evidence of the sale of Lot 58
DP 226074 from Hornsby Shire Council to the landowner of the adjoining Lot 23
DP 23965 is submitted to Council.
b.
Evidence of the consolidation of Lot 58 DP 226074, Lot 24 DP 23965, Pt
Lot 23 DP 23965 and Lot 22 DP 23965 into one allotment is submitted to
Council.
2.
Such information must be submitted within 24 months of the date of
this notice.
Upon Council’s
written satisfaction of the above information, the following conditions of
development consent apply:
Reason:
To ensure the allotments of land are created prior to the operation of the
consent.
New condition No. 1A to read:
1A. Amendment
of Plans
1.
To comply with the Apartment Design Guidelines requirement in terms of
unit storage and to ensure car parking areas or designated car parking
spaces, are not impeded or reduced in area, the approved plans are to be
amended as follows:
a.
The provision of storage bins on stands at the rear of parking bays
are to be deleted to ensure vehicle access/ parking is not impeded or reduced
in the area allocated for car parking requirements as set out in Australian
Standards AS2890 Parking Facilities series, including parking for bicycles
and motorcycles.
b.
Provision of a minimum total storage area required for each unit as
follows:
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1 bed units
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minimum 6m3
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2 bed units
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minimum 8m3
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3 bed units
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minimum 10m3
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c.
Provision of a minimum of 50% of the total storage area must be
provided within the unit.
d.
A Design
Verification Statement prepared by a qualified designer is be
submitted to certify the amended plans comply with the storage requirements
specified above.
2.
These amended plans and verification statement must be submitted with
the application for the Construction Certificate.
Reason: To require minor amendments to the approved
plans and supporting documentation following assessment of the development.
Delete condition No. 70 Consolidation of Lots
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 Dickson Rothschild dated 24 June 2024 received by Council on 9
August 2024 to contravene the Height of buildings development standard in
Clause 4.3 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.
·
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, Michael Leavey, David White
AGAINST: NIL
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