MINUTES OF Local Planning Panel meeting

Held via Teleconference

on Wednesday 29 April 2026

at 4:00 PM

PRESENT

Chairperson - Penelope Holloway

Expert Panel Member - Greg Flynn

Expert Panel Member - Larissa Ozog

Community Member - Tony Jones

Staff Present

Director, Planning Division - Katherine Vickery

Manager, Development Assessment - Rod Pickles

Major Development Manager - Cassandra Williams

Senior Town Planner - Katrina Maxwell

Senior Town Planner - Tim Buwalda

Town Planner - Elving Keung

AUDIO RECORDING OF LOCAL PLANNING PANEL MEETING

Statement by the Chairperson:

"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

declarations of interest

NIL

Addresses to the panel

The following members of the public addressed the Panel on the item on the agenda for the public meeting:

1 LPP15/26 - DA/919/2014/B - Section 4.55(2) application to extend trading hours - Hornsby RSL Club, 4 High Street, Hornsby

Stephen Dick Against

James Lidis (applicant’s Town Planner) 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 4:18pm.

PUBLIC MEETING ITEMS

1 LPP15/26 DA/919/2014/B - Section 4.55(2) application to extend trading hours - Hornsby RSL Club, 4 High Street, Hornsby

(DA/919/2014/B)

RECOMMENDATION

THAT the Hornsby Local Planning Panel, exercising the functions of Council as the consent authority, pursuant to Section 4.55(2) of the Environmental Planning and Assessment Act 1979, amend Development Consent No. DA/919/2014 for extension to trading hours at Lot 2 DP 817649, Hornsby RSL Club, 4 High Street, Hornsby as detailed in LPP Report No. LPP15/26.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised in the 18 written submissions and by the speakers at the meeting.

The Panel resolved to adopt the officer’s recommendation and approve the proposed modification subject to the conditions contained in Schedule 1 of the report and the following amendments:

Amend condition No. 13A to read:

13A. Certification of Acoustic Measures (Mod B)

Before the commencement of the trial hours of operation, a compliance report prepared by a suitably qualified and experienced acoustic consultant must be provided to the Principal Certifier demonstrating that the acoustic treatment of the ceiling of the undercover carpark adjacent to the rear porte-cochere achieves the required noise reduction in accordance with Section 6 of the Noise Impact Assessment - Extension of Hours - Licensed Venue Hornsby RSL Club, Revision 3, prepared by Rodney Stevens Acoustics, dated 4 February 2026, reference: R210814R1.

Reason: To protect the amenity of the local area.

Amend condition No. 16A to read:

16A. Trial Hours of Operation (Mod B)

1. Notwithstanding condition no. 16 above, the premises may operate from 10:00am to 4:00am on Monday to Sunday for a trial period of 1 year, commencing from the date of council’s written satisfaction that conditions 1C, 1D, 1E, and 13A have been complied with.

2. The operator must notify NSW Police in writing of the commencement of the trial hours of operation prior to those hours taking effect.

3. Upon the expiry of the 12‑month trial period, the approved hours of operation shall revert to those specified in condition no. 16, unless otherwise approved by council.

4. Any continuation of the extended hours beyond the trial period shall require the approval of a modification application under the Environmental Planning and Assessment Act 1979. Where a modification application is lodged prior to the expiry of the trial period, the trial hours may continue to operate while the application is under assessment, unless otherwise directed by council.

Reason: To assess the operational impact on public amenity during the extended hours of operation for a trial period.

The reasons for this decision are:

· The Panel is satisfied that the proposed modification is substantially the same as the approved development.

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

· The proposed modification does not create unreasonable environmental impacts to adjoining development with regard to acoustic or amenity impacts, subject to the recommended conditions of consent.

· The Panel considers it appropriate to apply a trial period to assess the amenity impacts of the extended trading hours.

VOTING OF THE PANEL MEMBERS

FOR: Penelope Holloway, Greg Flynn, Larissa Ozog, Tony Jones

AGAINST: NIL

ELECTRONIC DETERMINATIONS

2 LPP9/26 DA/1/2026 - Construction of a COLA & Covered Walkway - 449C Pennant Hills Road, Pennant Hills

(DA/1/2026)

RECOMMENDATION

A. THAT the Hornsby Local Planning Panel, exercising the functions of Council as the consent authority, contravene Clause 4.3 Height of buildings 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/1/2026 for construction of a covered outdoor learning area (COLA) and covered walkway at Lot 11 DP 1209584, No. 449C Pennant Hills Road, Pennant Hills subject to the conditions of consent in Schedule 1 of LPP Report No. LPP9/26.

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 notes that there is an existing consent granted for 1232 students and 135 car parking spaces on the site.

The Panel considered the provisions of section 61 Demolition of buildings of the Environmental Planning and Assessment Regulation 2021 and is satisfied that the recommended conditions of consent ensure the provisions are addressed.

The Panel is satisfied that the development has adequately met the provisions of State Environmental Planning Policy (Resilience and Hazards) 2021.

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 under Clause 4.6 of the Hornsby Local Environmental Plan 2013 prepared by Urbis dated 9 April 2026 received by Council on 9 April 2026 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 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 standard 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 Panel is satisfied that the development has adequately met the provisions of Section 4.6 of State Environmental Planning Policy (Resilience and Hazards) 2021.

· The Panel is satisfied that the development meets the objectives of Chapter 6 of State Environmental Planning Policy (Biodiversity and Conservation) 2021.

· The Panel is satisfied that the development has adequately met the provisions of Section 61 Demolition of buildings and Section 62 and 64 (fire safety and upgrade of buildings) of the Environmental Planning and Assessment Regulation 2021, subject to the recommended conditions of consent.

· 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, Greg Flynn, Larissa Ozog, Tony Jones

AGAINST: NIL

3 DA/110/2026 - Demolition and construction of a nine-storey residential flat building comprising 33 units and basement car parking - 4-6 Baldwin Avenue, Asquith

(DA/110/2026)

RECOMMENDATION

THAT the Hornsby Local Planning Panel delegate its functions under section 8.15(4) of the Environmental Planning and Assessment Act 1979 to the Planning and Compliance or Manager, Development Assessment of the Council pursuant to section 2.20(8) of the Environmental Planning and Assessment Act 1979 in respect of the LEC Proceedings No. 2026/151621.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel resolved to receive and note the contents of the Briefing Note and delegate its functions in respect to LEC Proceedings No. 2026/151621.

VOTING OF THE PANEL MEMBERS

FOR: Penelope Holloway, Greg Flynn, Larissa Ozog, Tony Jones

AGAINST: NIL

THE MEETING concluded at 4.36pm.

Chairperson