MINUTES OF THE LOCAL PLANNING PANEL – 6 JULY 2021 THE HILLS SHIRE COUNCIL
PRESENT:
Julie Walsh Chair
Chris Young Expert
Lindsay Fletcher Expert COUNCIL STAFF:
Paul Osborne Manager Development Assessment
Ben Hawkins Manager Subdivision and Development Certification Claro Patag Specialist Planner
MEETING COMMENCED: 12:30 PM MEETING FINISHED: 1:35 PM DECLARATIONS OF INTEREST:
Julie Walsh declared the following. Graham McKee, solicitor for Mirrabooka Grounds Pty Ltd, an objector to the development is known to me as a solicitor practising in the Land and Environment Court. When I was a solicitor at my previous firm (which I left 3 and a half years ago) we had a number of Land and Environment Court appeals against one another and I knew him as a professional colleague in that jurisdiction. I have not had any contact with him for over 3 years and do not have a professional or personal relationship with him. In those circumstances I consider any interest as a non significant non pecuniary interest which does not preclude me from participating in the determination of the item.
Chris Young declared the following. Graham McKee, solicitor for Mirrabooka Grounds Pty Ltd, an objector to the development is known to me as a solicitor practising in the Land and Environment Court. I have known him and worked with him for a number of years. I have not had any contact with him for approximately 3 years. In those
circumstances I consider any interest as a non significant non pecuniary interest which does not preclude me from participating in the determination of the item.
Further in respect of Sheridan Burke, Heritage Consultant for Mirrabooka Grounds Pty Ltd, I sit with her as an expert occasionally on the Hunters Hill Local Planning Panel. I do not have a professional or personal relationship with her. In those circumstances I consider any interest as a non significant non pecuniary interest which does not preclude me from participating in the determination of the item.
Lindsay Fletcher declared the following. Graham McKee, solicitor for Mirrabooka Grounds Pty Ltd, an objector to the development is known to me as a solicitor
practising in the Land and Environment Court. I have known him and worked with him for a number of years. I have not had any contact with him for approximately 3 years.
In those circumstances I consider any interest as a non significant non pecuniary interest which does not preclude me from participating in the determination of the item. Further in respect of Craig McLaren Traffic Consultant for Mirrabooka Grounds Pty Ltd, I have known him professionally for a number of years. I do not have a professional or personal relationship with him and have not had any contact with him for over 5 years. In those circumstances I consider any interest as a non significant
non pecuniary interest which does not preclude me from participating in the determination of the item.
ITEM 1: DA 275/2020/HC - CONSTRUCTION OF AN INTEGRATED HOUSING DEVELOPMENT CONTAINING 38 DWELLINGS AND A COMMUNITY TITLE SUBDIVISION – LOT 2 DP 135804, NO. 370 OLD NORTHERN ROAD, CASTLE HILL SPEAKERS
1. Craig McLaren – Traffic Expert (Speaking as an expert objector) 2. Sheridan Burke, Heritage Expert (Speaking as an expert objector)
3. Graham McKee, Lawyer – McKees Legal Solutions (Speaking as an expert objector) 4. Robert Bishop (Speaking as a resident objector)
5. Adam Byrnes, Town Planner - Think Planners (Speaking on behalf of the Applicant) 6. Michael Cahalane, Engineer (Speaking on behalf of the Applicant)
COUNCIL OFFICER’S RECOMMENDATION The application is recommended for deferral.
PANEL’S DECISION
The Panel requests Transport for NSW to provide to Council within 21 days of this decision a copy of its response, if any, to the matters raised in the correspondence from McKees Legal Solutions culminating in the letter dated 1 July 2021. The Development Application be deferred for electronic determination by the Panel in light of such response received, if any.
The panel is otherwise satisfied that the proposal is acceptable for approval including the clause 4.6 objection to the building height development standard.
REASONS
The Panel noted recent correspondence and oral submissions at the Panel meeting
concerning the impact on driveway vehicular access to the adjoining site at 372 Old Northern Road and felt it was appropriate to allow additional time for a response to be received from Transport for NSW.
HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified to 20 properties for 14 days on two occasions and three submissions were received during the exhibition period. A number of additional
submissions were received on behalf of the owner of 372 Old Northern Road prior to the Panel meeting which were provided to the Panel. The majority of the written submissions were detailed in the report and the Panel considers those written submissions have been adequately addressed in the report and the further responses provided at the meeting subject to the matter referred to above.
VOTING Unanimous
