LOCAL PLANNING PANEL – THE HILLS SHIRE COUNCIL
MINUTES OF THE LOCAL PLANNING PANEL MEETING HELD AT THE HILLS SHIRE COUNCIL ON WEDNESDAY, 18 SEPTEMBER 2019
PRESENT:
Garry Fielding Chair
Scott Barwick Expert
Dr Morgan Wood Community Representative
COUNCIL STAFF:
Paul Osborne Acting Group Manager – Development & Compliance Robert Buckham Acting Manager – Development Assessment
Claro Patag Development Assessment Co-ordinator Kate Clinton Senior Town Planner
James Gibbeson Senior Town Planner
TIME OF COMMENCEMENT:
1:00pm
TIME OF COMPLETION:
3:05pm
DECLARATIONS OF INTEREST:
Nil
ITEM 1: DA 930/2019/HA – DEMOLITION OF EXISTING BUILDINGS AND CONSTRUCTION OF A HOTEL (LICENSED PREMISES) WITH CAPACITY FOR UP TO 200 PATRONS, CARPARKING AND SIGNAGE – LOT 1 SP 74120, 1 – 3 KENTHURST ROAD, DURAL SPEAKERS:
Patrick Hurley, PGH Environmental Planning – Applicant
Sandra Carter, Resident objector
Alex Maynard, Resident objector
COUNCIL OFFICER’S RECOMMENDATION:
That the development application be approved subject to conditions contained in the report.
LOCAL PLANNING PANEL DECISION:
That the development application be approved, with the exception of all proposed outdoor advertising, subject to the conditions contained in the assessment report with the following additional conditions:
11. Provision of a ten (10) seat mini bus
A bus that is able to carry at least 10 passengers and service an area not less than a 5km radius from the site is to be made available for use by patrons, free of charge, during all approved operating times including being available to patrons upon closing each night. The availability and operation of the mini bus is to be included in the Plan of Management and the availability be consistently advertised by the hotel operator on their website and other promotional material.
31A. Management Plan of Management
The Plan of Management is to be amended to incorporate the requirements of this development consent. The amended Plan of Management is to be submitted to Council’s Manager – Development Assessment for review and written approval prior to the issue of any construction certificate.
Note: The Panel, in granting consent to the proposed pub, is unable to approve the proposed outdoor signage as the assessment report before the Panel has not addressed the provisions of SEPP 64 as required.
REASONS FOR THE DECISION:
The proposed pub is permissible with consent in the B2 Local Centre Zone under LEP 2012.
Development consent for a pub on part of the subject land was approved on 15 August 2017 and is still current.
The RMS has raised no objections to the proposed development subject to conditions of consent restricting left in left out access, Construction Management Plan and Road Occupancy Licence.
Council’s Principal Co-ordinator Roads and Transport has reviewed the proposal and raises no objection on the grounds of traffic generation.
The Panel is satisfied with the Traffic and Parking Assessment provided with the development application particularly regarding the calculation of the most appropriate demand for on-site parking for the proposed pub.
VOTING:
ITEM 2: DA 805/2019/HA – PROPOSED INTEGRATED HOUSING DEVELOPMENT COMPRISING A TORRENS TITLE SUBDIVISION CREATING FOUR RESIDENTIAL LOTS AND ONE RESIDUE LOT – LOT 1002 DP 1190982, MACKILLOP DRIVE, NORWEST
SPEAKERS:
Available to answer questions:
David Hore, Aqualand (Applicant)
Geoff Ellis, Aqualand (Applicant)
Tom Foster, Calibre Group (Consultant) COUNCIL OFFICER’S RECOMMENDATION:
That the development application be approved subject to conditions contained in the report.
LOCAL PLANNING PANEL DECISION:
Determination of the development application be deferred and the applicant be invited to lodge a revised Clause 4.6 submission within seven days. A supplementary report to the Panel be provided by Council officers to enable the Panel’s electronic determination of the development application should the Clause 4.6 submission be found to be acceptable.
VOTING:
Unanimous
ITEM 3: DA 826/2019/HA – MULTI DWELLING HOUSING COMPRISING 40 TOWNHOUSES AND ASSOCIATED WORKS ON PROPOSED LOT 2 – LOT 217 DP 1239622, DEVELOPMENT LOT MACKILLOP DRIVE, NORWEST
SPEAKERS:
Available to answer questions:
David Hore, Aqualand (Applicant)
Geoff Ellis, Aqualand (Applicant)
Tom Foster, Calibre Group
COUNCIL OFFICER’S RECOMMENDATION:
That the development application be approved subject to conditions contained in the report.
LOCAL PLANNING PANEL DECISION:
Determination of the development application be deferred and the applicant be invited to lodge a revised Clause 4.6 submission within seven days. A supplementary report to the Panel be provided by Council officers to enable the Panel’s electronic determination of the development application should the Clause 4.6 submission be found to be acceptable.
VOTING:
Unanimous
ITEM 4: DA 223/2019/HC – DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A TWO STOREY MIXED USE DEVELOPMENT – LOT 3 IN A RESUBDIVISION OF LOT 2 DP 843599, NOS. 415 – 417 BOUNDARY ROAD, MARAYLYA
SPEAKERS:
Nil
COUNCIL OFFICER’S RECOMMENDATION:
That the development application be approved subject to conditions contained in the report.
LOCAL PLANNING PANEL DECISION:
1. The Panel accepts the proposed departure from the development standard relating to building height as it considers that the applicant’s Clause 4.6 submission has adequately addressed the matters required to be demonstrated by Clause 4.6(3) as required by Clause 4.6(4)(a)(i) and the development will be in the public interest because it is consistent with the objectives of the building height standard and the objectives of the B1 Neighbourhood Centre Zone.
2. The Panel resolved to adopt the officer’s recommendation and grant consent to the proposed development.
REASONS FOR THE DECISION:
That the proposed use is permitted with consent in the B1 Neighbourhood Centre Zone. It will provide local services to the community as intended by the zone objectives.
The design has taken appropriate measures to mitigate impacts on the threatened species vegetation on the site.
The development despite the numerical non-compliance with the height of buildings development standard will be of an appropriate scale and character for the locality.
VOTING:
Unanimous
ITEM 5: DA 318/2010/JP/G – A SECTION 4.55(1A) MODIFICATION TO AN APPROVED WAREHOUSE AND COMMERCIAL DEVELOPMENT – LOT 2 DP 251094, NO. 18 – 20 MILE END ROAD, ROUSE HILL SPEAKERS:
Robert Montgomery, Montgomery Planning Solutions –
Speaking on behalf of the owner and applicant in support of the Council officer’s recommendation
COUNCIL OFFICER’S RECOMMENDATION:
That the development application be approved subject to conditions contained in the report.
LOCAL PLANNING PANEL DECISION:
The Panel resolved to adopt the officer’s recommendation and approve the proposed modification.
REASONS FOR THE DECISION:
The Panel is satisfied the proposed development as modified is substantially the same development as originally approved.
The Panel is satisfied that the modification sought is of minor environmental impact.
VOTING:
Unanimous
END MINUTES
