MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 28 FEBRUARY 2023
PRESENT
Cameron McKenzie Group Manager – Development & Compliance (Chair) Angelo Berios Manager – Environment & Health
Craig Woods Manager – Regulatory Services Paul Osborne Manager – Development Assessment Brent Woodhams Acting Manager – Forward Planning
Kristine McKenzie Principal Coordinator – Development Assessment Ben Hawkins Manager – Subdivision & Development Certification
APOLOGIES
Nicholas Carlton Manager – Forward Planning CIRCULATED ELECTRONICALLY
ITEM-1 CONFIRMATION OF MINUTES RESOLUTION
The Minutes of the Development Assessment Unit Meeting of Council held on 24 January 2023 be confirmed.
ITEM-2 FURTHER REPORT - DA 247/2020/LD/B - SECTION 4.55 (2) MODIFICATION TO AN APPROVED TWO STOREY DWELLING AND RETAINING WALL - CHANGE IN DWELLING DESIGN AND BUSHFIRE CONSTRUCTION REQUIREMENTS – LOT 3 DP 286704 – 14 BERNABEAU STREET NORTH KELLYVILLE
DECISION
The Modification Application be Refused in accordance with the recommendation.
REASONS FOR THE DECISION
1. Having regard to the context of the surrounding lots, built form and location of private open space, the proposed setbacks unreasonably impact on the amenity of adjoining
residents in terms of privacy, bulk and scale.
(Section 4.15 (1) (b) of the Environmental Planning and Assessment Act 1979.)
2. The application does not meet the objectives of the North Kellyville DCP (2018) 4.2.4 Side and Rear setbacks. (b) to minimise the impacts on neighbouring properties and (c) to provide appropriate separation between buildings. Section 4.15 (1) (a) 3 of the Environment Planning and Assessment Act 1979.
3. Approval of the application is not considered to be in the public interest.
(Section 4.15 (1) (e) of the Environmental Planning and Assessment Act 1979.) HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION Notification letters were issued to 5 adjoining properties over 14 days on three separate occasions. Objections were received as follows.
1st Notification: Two (from two property owners) 2ndNotification: Seven (from two property owners) 3rd Notification: Four (from two property owners)
The issues raised in the submissions were addressed in the previous report.
Further representations from the property owners were addressed in this report.
