PAGE 1 HILLS SHIRE COUNCIL – LOCAL PLANNING PANEL
MINUTES
MINUTES OF THE LOCAL PLANNING PANEL MEETING HELD AT THE HILLS SHIRE COUNCIL WEDNESDAY, 15 AUGUST 2018
PRESENT
Julie Walsh Chair
Heather Warton Expert
Richard Thorp AM Expert
Rohan Toner Community Representative
ALSO PRESENT
Cameron McKenzie Group Manager – Environment & Planning Paul Osborne Manager – Development Assessment
Andrew Brooks Manager – Subdivision & Development Certification Stewart Seale Manager – Forward Planning
Megan Munari Principal Co-ordinator – Forward Planning
Kayla Atkins Town Planner
TIME OF COMMENCEMENT 12:00pm
TIME OF COMPLETION 12:50pm
APOLOGIES Nil
DECLARATIONS OF INTEREST
Heather Warton declared a non-significant non-pecuniary interest in Item 5 – Planning Proposal as her daughter works at the firm which is the applicant’s urban designer and will not take part in the decision of this matter.
The Chair declared a non-significant, non-pecuniary interest in Item 2 as she was a partner in a law firm that acted for Hawkesbury Council at a time Matthew Owens was employed there as a Director.
ITEM 1 - MINUTES OF LAST MEETING
The minutes of the Local Planning Panel of 18 July 2018 have been confirmed by the Panel Chair.
PAGE 2 ITEM 2 DA 2012/2018/ZB – SUBDIVISION CREATING TWO RESIDENTIAL LOTS INCLUDING DEMOLITION AND A VARIATION TO A DEVELOPMENT STANDARD (MINIMUM LOT SIZE) – LOT 31 DP 612832 (NO. 20 EVANS ROAD, GLENHAVEN)
SPEAKERS:
Matthew Owens (Applicant)
DECISION:
The Development Application be refused for the following reasons:
1. The proposal does not comply with the minimum subdivision lot size Principal Development Standard as contained in The Hills Local Environmental Plan 2012, specifically via Clause 4.1 (minimum subdivision lot size) and the written submission under Clause 4.6 of The Hills Local Environmental Plan 2012 arguing against this standard is not well founded.
(Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979)
2. The proposal is not consistent with the objectives of the R2 Low Density Residential zone as contained in The Hills Local Environmental Plan 2012 in terms of maintaining the existing low density residential character of the area.
(Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979).
3. The proposal does not comply with The Hills Development Control Plan 2012 – Part B Section 2 – Residential relating to lot dimensions and building areas with complying boundary setbacks, specifically via Control 2.13.2 (a) and (d) (building platforms). Control 2.13.1(b) (minimum lot width) and Control 2.13.1(d) (average lot width).
(Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979).
4. The proposal does not comply with The Hills Development Control Plan 2012 - Part B Section 2 – Residential regarding the provision of a legal point of discharge for stormwater from the entire site, specifically via Control 2.12(f).
(Section 4.15(a)(iii) of the Environmental Planning and Assessment Act 1979).
5. The proposal is likely to have a detrimental impact upon the built environment and the established streetscape within Evans Road.
(Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979).
6. The site is not considered suitable for the development due to the extent of the contravention to the minimum subdivision lot size development standard and the DCP non- compliances.
(Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979).
REASONS:
We generally concur with the reasons in the Council Officer’s report and have amended Condition 1.
Voting Unanimous
PAGE 3 ITEM 3 DA 2156/2018/LD – TWO STOREY DWELLING – LOT 74
DP 1216742, 8 PINTO STREET, BOX HILL
SPEAKERS:
Nil
DECISION:
The application be approved subject to the conditions as set out in the report with Condition 12 being amended as follows:
12. Temporary Easements and Staging
Prior to the issue of a construction certificate the following easements affecting lot 74 DP 1216742 must be extinguished and documentary evidence provided from the NSW Land Registry Service of such extinguishment.
(a) Public Access Easement 2 wide fifteenthly referred to in DP 1216742 shown as “K” on that DP.
(b) Easement for drainage of water 2.5 wide on the southern side only of lot DP 74 DP 1216742 thirdly referred to in DP 1216742 and being one of 2 easements marked “C” on that DP.
(c) The easement on the northern side of lot 74 also marked “C” does not need to be extinguished prior to the issue of a construction certificate. This easement and the stormwater pipe within it must be maintained until the temporary stormwater basin on Lot 75 DP 1216742 is decommissioned. No work is permitted within this section of the easement and all work must ensure the stormwater pipe within this section of the easement is retained and protected.
REASONS:
We generally concur with the Council Officer’s reasons and recommendations and have amended Condition 12 for clarity.
Voting Unanimous
PAGE 4 ITEM 4 DA 2011/2018/HA – ALTERATIONS & ADDITIONS TO AN EXISTING ATTACHED DUAL OCCUPANCY – LOT 2 DP 247628 NO. 3 DEBORAH ROAD, ANNANGROVE
SPEAKERS:
Nil
DECISION:
The application be approved subject to conditions as set out in the report with the following amendments:
New condition 15A to read as follows:
15A. Removal of Kitchen
The existing kitchen in the habitable area adjoining both garages is to be removed so that the area is incapable of being used as a separate dwelling.
Condition 7 moved to Condition 35.
REASONS:
We generally concur with the reasons in the Council Officer’s report but feel that Condition 15A will ensure the removal of the kitchen.
Voting Unanimous
ITEM 5 PLANNING PROPOSAL – 2-4 BURBANK PLACE, NORWEST (18/2018/PLP)
DECISION AND REASONS:
(1) The matter is deferred to a future meeting of the Hills Local Planning Panel at which a written report by Council Officers is to be presented following a full assessment by Council staff of the planning proposal. Such written report to include conclusions and a recommendation on whether the planning proposal should proceed to Gateway or not.
(2) The written report shall be the draft of the written report proposed to be reported to Council on the planning proposal save that it will not include the advice of the Local Planning Panel.
Voting
Julie Walsh, Richard Thorp and Rohan Toner. Heather Warton did not participate in this item.
