RECOMMENDATION
THAT:
1.
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 Application No. DA/800/2025/B
for alterations and additions to a dwelling house including a swimming pool
and deck at Lot 233 DP 11921, No. 136 Riverview Avenue, Dangar Island as
detailed in Schedule 1 of LPP Report No. LPP21/26 as amended by LM11/26.
2.
The Hornsby Local Planning Panel delegate its functions with regard to
determination of any future section 4.55 modification application requiring
amendments to panel condition No. 1 of Development Consent No. DA/800/2025,
unless otherwise required to be determined by the Panel, to the following
Council officers:
·
Director, Planning and Compliance
·
Manager, Development Assessments
·
Team Coordinator, Development Assessments
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 modification subject to the conditions contained in
Schedule 1 of the report. as amended by the Late Memo LM11/26 and the
following amendments.
Amend condition No. 1B to read:
1B. Amendment of Plans
(Mod B)
1. The
approved plans are to be amended to delete the boatshed and all works
associated with the swimming pool, pergola and cabana structures.
2. To
provide suitable landscaping and satisfy the requirements for landscaping on
bushfire prone land, the approved Landscape Plans (Plan No. LA01 Rev. G and
LA02 Rev. G) prepared by wardarchitecture dated August 2026 are to be amended
as follows:
a. Clearly
demonstrate the provision of the maximum allowable replacement trees and
shrubs to be planted in conjunction with the retention of natural vegetation.
The replacement planting is to maximise species indigenous to Dangar Island,
be in accordance with Planning for Bushfire Protection 2019 and to be in
consultation with a BPAD accredited bushfire consultant.
b. The
amended landscape plans are to be prepared in consultation with a BPAD
accredited bushfire consultant to ensure the proposed planting satisfies the
requirements of Planning for Bushfire Protection 2019 and the Inner
Protection Area (IPA) required by the NSW Rural Fire Service.
3. These
amended plans 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.
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 Panel notes that subject to the recommended conditions, the
Panel can be satisfied that the proposed development conforms to the
specifications and requirements of the document titled Planning for Bush Fire
Protection 2019 prepared by the NSW Rural Fire Service in accordance with the
requirements of Section 4.14(1) of the Environmental Planning Assessment Act
1979.
·
The proposed development does not create unreasonable
environmental impacts to adjoining development with regard to visual bulk,
solar access, amenity or privacy, and geotechnical impacts, subject to the
recommended conditions of consent as amended.
Furthermore, the Panel resolved to delegate it functions
with regards to determination of any future section 4.55 modification
application requiring amendments to Panel condition No. 1 of Development
Consent No. DA/800/2025, unless otherwise required to be determined by the
Panel, to the following Council officers:
·
Director, Planning and Compliance
·
Manager, Development Assessments
·
Team Coordinator, Development Assessments
VOTING OF THE PANEL MEMBERS
FOR: Penelope
Holloway, Lisa Trueman, Ian Arnott, Tony Jones
AGAINST: NIL
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