MINUTES OF THE LOCAL PLANNING PANEL - 15 APRIL 2020 THE HILLS SHIRE COUNCIL
PRESENT:
Julie Walsh Chair
Scott Barwick Expert
Heather Warton Expert
Alison Turner Community Representative
COUNCIL STAFF:
Cameron McKenzie Group Manager – Development & Compliance Paul Osborne Manager – Development Assessment
Claro Patag Development Assessment Co-ordinator Eamon Murphy Senior Town Planner
MEETING COMMENCED:
12.00pm
MEETING FINISHED:
2.20pm
DECLARATIONS OF INTEREST:
None declared
ITEM 1: DA 159/2020/HA - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A CENTRE BASED CHILD CARE FACILITY (90 CHILDREN) - LOT 78 DP 13443, 33 CANYON ROAD, BAULKHAM HILLS
SPEAKERS
Anthony El Hazouri, Applicant
Carina Morales, Objector
Ted Norman, Objector
COUNCIL OFFICER’S RECOMMENDATION
The development application be approved subject to conditions outlined in the report.
PANEL’S DECISION AND REASONS
The development application is refused for the following reasons:
1. The Panel notes that the use is permissible in the zone, however, is of the opinion that the proposed capacity of the child care centre requires an extent of basement carpark which has an unacceptble requirement for tree removal. This tree removal is contrary to the character of the locality and a desirable planning outcome for the retention of perimeter planting in particular.
2. There is no appropriate plan of management which in particular would be required to detail the operational requirements to satisfy the acoustic report’s recommedations.
3. The Panel is of the opinion that the site is of a size and configuration that should facilitate the internalisation of potential acoustic and visual privacy impacts to a greater degree than proposed in this application.
4. The Panel also has concerns about the safety and practicality of the basement carpark as proposed noting that the street already accommodates a school and child care centre.
VOTING:
For – 3 (Julie Walsh, Heather Warton and Scott Barwick) Against - Nil
NOTE: Alison Turner had to leave the meeting before the final determination.
ITEM 2: DA 964/2020/HA - EXTENSION TO HOURS OF OPERATION, FACADE WORKS AND SIGNAGE FOR AN APPROVED SUPERMARKET – LOT 2 DP 1243231, 299- 301 OLD NORTHERN ROAD, CASTLE HILL
SPEAKERS
Mason Stankovic, Mecone (Applicant)
Angus Stapleton, Woolworths (Applicant)
Vicky Lee, Objector
Yin Chung, Objector
COUNCIL OFFICER’S RECOMMENDATION
The development application be approved with the following changes to conditions 18, 20 &
21 to read as follows and an additional condition 22 relating to Hours of Operation:
18. Hours of operation for waste collection, delivery / dispatch of goods Delivery of goods shall be restricted to the following times;
Monday to Sunday – 5.00am to 8.00pm 20. Shopping Trolleys
Shopping Trolleys are not permitted for use in the premises without further approval of Council.
21. Plan of Management
Compliance with the Plan of Management (dated January 2020) is required at all times.
The business must follow the operational procedures as outlined in the Plan of Management in relation to the following:
Hours of Operation
Staffing Arrangements
Noise Minimisation
Complaint Management
Police Co-operation
General Deliveries
Waste Management
A copy of the Plan of management is to be available and accessible at all times for employees.
22. Hours of Operation
The hours of operation being restricted to the following: - Monday to Sunday – 6am – 12am (Midnight)
Any alteration to the above hours of operation will require the further approval of
Council
PANEL’S DECISION
1. The application be approved subject to conditions in the Council officer’s report as amended above subject to the following amendments:
DEFERRED COMMENCEMENT
Deferred Commencement – Submission of Documents
A. Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979 deferred commencement consent is granted subject to:
1. That the development not commence to operate until the applicant has satisfied Council that the dedicated retail lift from the loading dock is fully operational.
B. The applicant must provide Council with written evidence demonstrating that the matters listed under Part A1 above have been satisfactorily addressed no later than four weeks before the notice of expiry date.
C. Upon compliance with the requirements of Part A1, a full consent will be issued subject to the conditions contained in the council officer’s report modified as follows:
2. Condition 18 is amended as follows:
18. Hours of operation for waste collection, delivery / dispatch of goods
a. Delivery of goods shall berestricted to between the hours of 5am and 8pm.
b. Waste collection shall be restricted to between the hours of 8am and 8pm.
3. Condition 20 is amended as follows:
20. Shopping Trolleys
Shopping trolleys are not permitted to be used in the premises.
4. Condition 21 is amended as follows:
21. Plan of Management
Compliance with the Plan of Management (dated January 2020) is required at all times.
The business must follow the operational procedures as outlined in the Plan of Management in relation to the following:
Hours of Operation
Staffing Arrangements
Noise Minimisation
Complaint Management
Police Co-operation
General Deliveries
Waste Management
A copy of the Plan of management is to be available and accessible at all times for employees. (Prepared by Woolworths Metro)
Where there is conflict between the plan of management and specific conditions of consent, the specific conditions of consent shall prevail.
5. Amend condition 22 as follows:
Hours of Trading
The hours of trading shall be resricted to the following:
Monday to Sunday : 6am – 12am (midnight) 6. Additional Condition 23 as follows:
All deliveries and waste disposal are to take place via the loading dock and dedicated retail lift.
VOTING:
For – 3 (Julie Walsh, Heather Warton and Scott Barwick) Against - Nil
NOTE: Alison Turner had to leave the meeting before the final determination.
PANEL’S REASONS
The panel generally agrees with the Council officer’s report.
The panel noted that a number of the submissions made by residents in the residential part of the Atmosphere development related to matters beyond the scope of this developemnt application.
The panel considered that it was appropriate to inculde a deferred commencement condition that the extension of hours not commence until the dedicated retail lift from the loading dock is fully operational , to minimize conflict with the residents.
The council officers have advised that issues raised by the residents relating to the fire stairs/exits are being separately addressed by the relevant regulatory authorities.
