PAGE 1 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 12 NOVEMBER 2019
PRESENT
Cameron McKenzie Group Manager – Development & Compliance (Chair)
Robert Buckham Principal Executive Planner (New Release & Growth Centres) Benjamin Hawkins Manager – Subdivision & Development Certification
Angelo Berios Manager – Environment & Health Craig Woods Manager – Regulatory Services Nicholas Carlton Manager – Forward Planning
APOLOGIES
Paul Osborne Manager – Development Assessment Kristine McKenzie Principal Executive Planner
TIME OF COMMENCEMENT 4:00pm
TIME OF COMPLETION 4:07pm
ITEM-1 CONFIRMATION OF MINUTES
RESOLUTION
The Minutes of the Development Assessment Unit Meeting of Council held on 29 October 2019 be confirmed.
ITEM-2 DA 1355/2019/HA - A HOME BUSINESS (ACUPUNCTURE AND MASSAGE) - LOT 13 DP 222378, 39 CHRISTOPHER STREET, BAULKHAM HILLS
PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 2(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING 7 ASSESSMENT ACT, 1979
DECISION:
The application be approved subject to conditions as set out in the report.
PAGE 2 REASONS FOR THE DECISION:
Section 4.15 (EP&A Act) – Satisfactory.
The Hills LEP 2012 – Satisfactory.
DCP Part B Section 2 – Satisfactory.
HOW COMMUNIT VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION:
The development application was notified and five (5) submissions including a petition were received. The issues raised were discussed in the report.
ITEM-3 DA 2337/2018/LD/D – SECTION 4.55(1A) MODIFICATION TO AN APPROVED THREE STOREY DWELLING, INGROUND SWIMMING POOL AND RETAINING WALLS – LOT 5 DP 286704, NO. 18 BERNABEAU STREET, NORTH KELLYVILLE
PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979
DECISION:
The Section 4.55(1A) Modification Application be refused on the following grounds:
1. The development does not comply with Section 4.55(1A) of the Environmental Planning and Assessment Act, 1979in that the development is not considered to be substantially the same development as originally approved because it introduced non-compliances with height and site coverage providing a building with unreasonable bulk and scale.
2. The development’s height does not comply with the SEPP (Sydney Region Growth Centres) 2006 height of building requirements and as a result impacts on surrounding development through increased bulk and scale, overshadowing and privacy (Section 4.15(1)(b) and (c) of the Environmental Planning and Assessment Act, 1979). A Clause 4.6 variation has not been submitted in support of the height of building variation.
3. The development’s bulk and scale, overshadowing and impacts on privacy impact on neighbouring properties and on the aesthetic values of the locality. (Section 4.15(1)(c) of the Environmental Planning and Assessment Act, 1979).
4. The development does not comply with the site coverage of the North Kellyville Precinct Development Control Plan 2018 (Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979).
5. The development is not suitable for the site as it will not provide a satisfactory relationship between the built form and adjoining properties. (Section 4.15(1)(c) of the Environmental Planning and Assessment Act, 1979).
6. The development is considered not to be in the public interest as it contravenes with the relevant DCP standard. (Section 4.15(a)(i), and (e) of the Environmental Planning and Assessment Act, 1979).
PAGE 3 REASONS FOR THE DECISION:
Section 4.15 (EP&A Act) – Unsatisfactory – see report
Section 4.55(1A) (EP&A Act) – Unsatisfactory - see report
SEPP Growth Centres – Unsatisfactory.
HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION:
The development application was notified and no submissions were received.
Please note:
A late submission was received by a resident which was tabled and discussed at the meeting.
