RECOMMENDATION
A. THAT the
Hornsby Local Planning Panel, exercising the functions of Council as the
consent authority, support the contravention of Clause 4.1 Minimum Lot Size
development standard pursuant to Clause 4.6 of the Hornsby Local
Environmental Plan 2013, as it is satisfied that the applicant has
demonstrated that the provisions of Clause 4.6(3)(a) and (b) have been met.
B. THAT
the Hornsby Local Planning Panel, exercising the functions of Council as the
consent authority, approve Development Application No. DA/1383/2025 for Torrens
title subdivision of an existing strata titled property comprising two
detached dwellings at CP SP 50726, No. 6 Oakhill Drive, Castle Hill subject
to the conditions of consent in Schedule 1 of LPP Report No. LPP3/26.
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.
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 and the following amendments:
New condition No. 1A to read:
1A.
Amendment of Plans
1. The
approved Plan of Subdivision (Plan No. 15972 Issue A)
prepared by Hammond Smeallie and Co. Pty Ltd, dated 27 February 2026 is to be
amended to delete the reference to strata from proposed Lot 1.
2. This
amended plan must be submitted with the application for the Subdivision
Certificate.
Reason: To require minor amendments to the
approved plans and supporting documentation following assessment of the
development.
Amend condition No. 2 to read:
2. Subdivision
Certificate Application
A
Subdivision Certificate Application is required to be lodged with Council,
which is to include a completed Subdivision Certificate form and checklist, a
final plan of subdivision prepared in accordance with the requirements of the
Conveyancing Act 1919 and the following information:
1. A surveyor’s certificate certifying
that all services, drainage lines or access are located wholly within the
property boundaries. Where services encroach over the new boundaries,
easements are to be created.
2. Certification that the requirements of
relevant utility authorities have been met.
Note:
The fee payable is to be in accordance with Council’s fees and charges.
Note:
Council will not issue a Subdivision Certificate until all conditions of the
development consent have been completed.
Note: At
the present time Hornsby Shire Council is the only authority that can be
appointed as a PC for subdivision works within the Shire.
Reason: Statutory
requirement of the Conveyancing Act 1919
Amend condition No. 4 to read:
4.
Creation of Easements
The following matter(s) must
be nominated on the plan of subdivision under s88B of the Conveyancing Act
1919:
1.
A sewer easement benefiting Lot 2 and burdening Lot 1 as shown in the
approved subdivision plan.
2.
An easement for overhang benefiting Lot 2 and burdening Lot 1 as shown
in the approved plan of subdivision (including any necessary drainage of
water in any overhanging gutter).
3.
An appropriate easement benefiting Lot 2 and burdening Lot 1 for the
carrying out of repairs and maintenance of any part of buildings on Lot 2
(and including any necessary vehicular and pedestrian access for this work).
Note: Council must be
nominated as the authority to release, vary or modify any easement,
restriction, or covenant.
Reason: To create legal
entitlements to facilitate the proper use and management of land.
The reasons for this decision are:
·
The Panel has considered the applicant’s written request
under Clause 4.6 of the Hornsby Local Environmental Plan 2013 prepared by Natalie
Richter (Consultant Planner) and Gary Skow (Registered Surveyor) Hammond
Smeallie Surveyors dated 4 February 2026 received by Council on 4 February
2026 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 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)(a) and (b) of the
Hornsby Local Environmental Plan 2013 that:
Ø Compliance
with the development standards is unreasonable and unnecessary in the
circumstances of the case, and
Ø There
are sufficient environmental planning grounds to justify contravening the
development standard.
·
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: Stephen
Leathley, Anthony Hudson, Marjorie Ferguson, Tony Jones
AGAINST: NIL
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