MINUTES OF Local Planning Panel Meeting
Held via Teleconference, HORNSBY
on Wednesday 26 August 2026
at 4:00 PM
PRESENT
Chairperson - Scott Barwick
Expert Panel Member - Clare Brown
Expert Panel Member - Stephen McMahon
Community Member - Ross Walker
Director, Planning Division - Katherine Vickery
Manager, Development Assessment - Rod Pickles
Major Development Manager - Cassandra Williams
A/Senior Town Planner - Rachel Hughes
A/Senior Town Planner - Elvin Kueng
Manager, Regulatory Services - Aaron Harding
Environmental Protection Manager - Peter Fox
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
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 LPP14/26 DA/1035/2025 - 24 Hour Gym - 103-109 New Line Road, Cherrybrook
Brendon Sacilotto (applicant) For
James Lidis (applicant’s town planner) For
2 LPP20/26 DA/355/2026 - Construction of a shed and Temporary Use of Land for Functions - 17 Canoelands Road, Canoelands
Allison Cowley Against
Jason Tunbridge Against
Melinda Tunbridge Against
Linda Zapletal Against
Mayor Warren Waddell For
Rob Pirina (owner) 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 4:40pm.
Local Planning Panel
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1 LPP14/26 DA/1035/2025 - 24 Hour Gym - 103-109 New Line Road, Cherrybrook (DA/1035/2025) |
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THAT the Hornsby Local Planning Panel, exercising the functions of Council as the consent authority, approve Development Application No. DA/1035/2025 for alterations and additions to the existing registered club for a 24 hour gym at Lot 2 DP 367373, West Pennant Hills Sports Club, Nos. 103-109 New Line Road, Cherrybrook subject to the conditions of consent in Schedule 1 of LPP Report No. LPP14/26. PANEL’S CONSIDERATION AND DETERMINATION The Panel considered the matters raised in the written submissions and by the speakers at the meeting. 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. 16A to read: 16A. Notice of Modification Prior to issue of the construction certificate, the applicant must lodge a Notice of Modification application under Section 67 of the Environmental Planning and Assessment Regulation 2021 to modify Development Consent No. DA/1046/2007/F for alterations and additions to the existing West Pennant Hills Sports Club including new car park and relocation of bowling greens, tennis courts and cricket nets and erection of one sign at Lot 2 DP 367373 No. 103-109 New Line Road, Cherrybrook. Reason: To resolve inconsistencies between sequential approvals and prevent overlapping or duplicate development rights on the same land. Deletion of condition No. 38 (Fulfilment of BASIX commitments) It is noted that the development does not require the submission of a BASIX Certificate, nor was one provided. New condition No. 38 to read: 38. Updated Plan of Management Prior to issue of an occupation certificate, the Plan of Management prepared by Snap Fitness, dated 10 August 2026 is to be updated and approved by Council’s Compliance Team via Council’s Online Services Portal. The updated Plan of Management must be amended as follows: 1. Section 3.3 Music and Amplified Sound Management is to be amended to specify and incorporate the ‘Music Noise Control’, ‘Patron Management (Night-time)’, and ‘Operational Measures’ recommendations of the Noise Impact Assessment Ref: TP704-01F01 (r5) prepared by Renzo Tonin & Associates, dated 7 April 2026. 2. Section 6 Complaint Management Procedure to be amended to: a. Include the contact phone number and email address for the West Pennant Hills Sports Club in conjunction with the gym operator details in Section 6.1 Complaint Contact Availability. b. Include the West Pennant Hills Sports Club as a party to maintaining a complaint register regarding the gym operation and use. Note: The Plan of Management must be lodged via Council’s Online Services Portal at: https://hornsbyprd-pwy-epw.cloud.infor.com/ePathway/Production/Web/Default.aspx and by selecting the following menu options: Applications > New Applications > Under ‘Application Types’: Management Plans. Reason: To ensure the operational measures implemented protect the amenity of the local area New condition No. 49A to read: 49A. Verification of Acoustic Measures 1. Within the first six (6) months, but after at least three (3) months of operation, an acoustic assessment is to be prepared by a suitably qualified acoustic consultant in accordance with the Environment Protection Authority’s Noise Policy for Industry and an Acoustic Verification Report must be submitted to Hornsby Shire Council confirming compliance with the Noise Impact Assessment Ref: TP704-01F01 (r5) prepared by Renzo Tonin & Associates, dated 7 April 2026. The assessment is to include a verification noise measurement at the nearest residential boundary during a typical late-night operating condition and would involve measuring outside while certain activities (e.g. music at representative volume, someone dropping a weight, arrival and departure of patrons) occur in the gym. 2. Should noise exceedances or unexpected noise issues be identified, the following must be undertaken: a. Submit an updated Acoustic Report, including recommendations to resolve exceedances, for review and written approval by Council prior to implementation. b. The updated Acoustic Report must be submitted to Council within thirty (30) days from the date of the acoustic assessment report in which the exceedances were identified. c. Any recommendations contained within the Acoustic Verification Report must be implemented within one (1) month of Council giving their written approval for the recommendations. d. Within one (1) month of completion of the approved recommended works, a further Acoustic Verification Report must be undertaken by a suitably qualified acoustic consultant, in accordance with the Environment Protection Authority’s Noise Policy for Industry (2017) and an Acoustic Verification Report must be submitted to Hornsby Shire Council confirming compliance with the approved recommended works. Note: The Acoustic Verification Report must be lodged via Council’s Online Services Portal at: https://hornsbyprd-pwy-epw.cloud.infor.com/ePathway/Production/Web/Default.aspx and by selecting the following menu options: Applications > New Applications > Under ‘Application Types’: Management Plans. Reason: To require amendments to supporting documentation following unexpected breaches of consent. The reasons for this decision are: · In accordance with Clause 5.21 of the Hornsby Local Environmental Plan 2013 and subject to the recommended conditions, the Panel is satisfied that the development has adequately addressed the matters required to be demonstrated by Clause 5.21(2) and (3) 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. · The proposed development does not create unreasonable environmental impacts to adjoining development with regard to amenity or privacy, subject to the recommended conditions of consent. VOTING OF THE PANEL MEMBERS FOR: Scott Barwick, Clare Brown, Stephen McMahon, Ross Walker AGAINST: NIL |
THE MEETING concluded at 5.12pm.
Chairperson