MINUTES OF THE LOCAL PLANNING PANEL – 21 APRIL 2021 THE HILLS SHIRE COUNCIL
PRESENT:
Julie Walsh Chair Heather Warton Expert
Penny Holloway Expert
Damian Kelly Community Representative COUNCIL STAFF:
Cameron McKenzie Group Manager Development and Compliance Paul Osborne Manager Development Assessment
Benjamin Hawkins Manager Subdivision & Development Certification Justin Keen Senior Town Planner
Elise Leeder Senior Town Planner Alexandra Hopkins Subdivision Planner
Robert Buckham Principal Coordinator Development Assessment Jacob Kiner Subdivision Planner
MEETING COMMENCED: 1:00 PM MEETING FINISHED: 2:07 PM DECLARATIONS OF INTEREST:
Heather Warton declared a perceived conflict of interest for item 1, as her daughter works for one of the applicant’s consultants. She did not take part in the consideration or determination of this development application. Damian Kelly declared a perceived conflict of interest for item 4, as he lives nearby. He did not take part in the consideration or determination of this development application.
ITEM 1: DA 745/2021/HA – TELECOMMUNICATIONS FACILITY – LOT 7 DP 836858, NO. 442 OLD NORTHERN ROAD, GLENHAVEN
SPEAKERS
1. TOM SIMMAT - Architect objector 2. BILL BASSETT - Resident objector
3. DR RUSSELL COOPER - Health Expert objector 4. DR. PRIYANKA BANDARA - Health Expert objector 5. PAUL MCKENZIE - Resident in support
6. MARK CAVANAGH, AURECON – Applicant
7. BOB COYNE – TELSTRA responded to questions from the Panel.
COUNCIL OFFICER’S RECOMMENDATION The application is recommended for refusal.
PANEL’S DECISION
The application is refused on the following grounds:
1. The proposed development is unsatisfactory having regard to clause 115(3) of SEPP (Infrastructure) 2007 and the following guidelines referred to:
• Principle 1 – The telecommunications facility is not designed and sited to minimise visual impact.
• Principle 2- The Panel is not satisfied that it is not practical to co locate the facility.
• Principle 4 – The proposal does not minimise disturbance on the locality.
2. The proposed facility does not satisfy the objectives of the E4 Environmental Living Zone under The Hills LEP 2019.
3. The proposal does not satisfy the controls for telecommunications facilities under Part C section 5 of The Hills DCP 2012
4. The subject site is not suitable for the development having regard to the visual impact and its proximity to sensitive land uses.
5. The proponent has not adequately demonstrated that alternative more suitable locations have been adequately investigated.
6. Having regard to the above, the proposal is not in the public interest.
REASONS See above.
HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION
The development application was notified to 29 properties for 44 days and 401 submissions were received. 380 submissions raising objection and 21 submissions in support. The written submissions were detailed in the report and the Panel considers the written submissions and oral submissions have been adequately addressed in the report and the further responses provided at the meeting.
VOTING
3 - Nil.
Note: Heather Warton did not participate in the determination of this item.
ITEM 2: DA 587/2021/HA – CONSTRUCTION OF A TEMPORARY SINGLE STOREY BUILDING FOR USE AS AN ONCOLOGY TREATMENT FACILITY - LOT 200 DP 1222375, NO. 11 NORBRIK DRIVE BELLA VISTA
SPEAKERS
1. JOSH PEACOCK, CHP FUND - Speaking on behalf of the applicant
COUNCIL OFFICER’S RECOMMENDATION
The application is recommended for approval subject to conditions.
PANEL’S DECISION
The application is refused for the following reasons:
1. Inadequate Clause 4.6 submission
Clause 4.4 of the Hills Local Environmental Plan 2019 provides for a maximum Floor Space Ratio (FSR) of 1:1 for the subject site. The proposed development exceeds the maximum FSR standard with an FSR of 1.29:1 proposed. The clause 4.6 written objection to the development standard is not well founded in terms of clause 4.6 (3) (a) and (b).
2. Results in a loss of on-site parking, but increased provision required
(a) - The proposal does not provide adequate parking in accordance with the provisions of Part C section 1 – Parking of The Hills DCP 2012 in circumstances where on street parking is at capacity. The Panel notes in that regard that there remain other sites in the vicinity to be developed.
(b) - There is no dedicated parking for the facility in circumstances where the majority of patients are likely to attend the facility by private vehicle rather than public transport.
REASONS See above.
HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION
The development application was notified to 3 properties for 14 days on 4 occasions and 1 submission was received. The submission was considered in coming to the above
determination.
VOTING 4 - Nil.
ITEM 3: DA 901/2020/ZD - SUBDIVISION CREATING 21 COMMUNITY TITLE RESIDENTIAL LOTS AND ONE ASSOCIATION LOT INCLUDING NEW ROAD OVER FIVE STAGES - LOT 3 DP 1239776, LOT 319 DP 1224817 AND LOT 2004 DP 1241583, SALTWATER CRESCENT, NORTH KELLYVILLE
SPEAKERS NIL
COUNCIL OFFICER’S RECOMMENDATION
The application is recommended for approval subject to conditions.
PANEL’S DECISION
The application is approved as a deferred commencement consent subject to the conditions contained in the Council Officer’s report.
REASONS
1. The site is suitable for the development proposed and represents orderly and economic development.
2. The proposal adequately satisfies the relevant State and Local planning provisions.
3. The proposal will have no unacceptable impacts on the built or natural environments subject to conditions specifically relating to the protection and ongoing protection of the constrained parts of the site identified by the SEPP.
4. The proposal is in the public interest.
5. The deferred commencement condition is required to ensure an operative consent is not provided until such time as the road closure (Saltwater Crescent) is completed first as a separate process.
HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION
The development application was notified to 31 properties for 21 days and 2 submissions were received. The submissions have been adequately dealt with in the Council Officer’s report.
VOTING 4 - Nil.
ITEM 4: DA 680/2013/JP/B – SECTION 4.56 MODIFICATION TO AN APPROVED RESIDENTIAL FLAT BUILDING DEVELOPMENT - LOT 6 DP 1203920 BALMORAL ROAD, BELLA VISTA
SPEAKERS NIL
COUNCIL OFFICER’S RECOMMENDATION The application is recommended for refusal.
PANEL’S DECISION
The application is refused on the following grounds.
1. The proposal does not satisfy the provisions of Section 4.56 (1) (a) of the Environmental Planning and Assessment Act 1979 as the development as proposed to be modified is not substantially the same development as that originally approved.
2. The proposal does not comply with the:
a) Design Principles of State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development (SEPP 65) in terms of Principle No. 6 –
Amenity;
b) Cross ventilation requirements in the Apartment Design Guide (ADG). In addition the amenity provided to bedrooms where light is received only via “slots” in the building is unacceptable, noting that site is unconstrained.
3. The proposal does not achieve compliance with the Design Principles of State Environmental Planning Policy No. 65 and provisions outlined within Development Control Plan 2012. As such, the proposal is considered unsatisfactory in achieving appropriate amenity outcomes for future residents.
4. The proposed development does not comply with Part D Section 7 - Balmoral Road Release Area – Clause 8.3.3 Stormwater of The Hills DCP 2012.
5. The Design Verification Statement under SEPP 65 does not fully address clause 115 (3A) of the Environment Planning and Assessment Regulations 2000.
REASONS See above.
HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION
The development application was notified to 19 properties for 31 days and no submissions were received.
VOTING
3 - Nil.
Note : Damian Kelly did not participate in the determination of this item.
ITEM 5: DA 554/2021/ZB - SUBDIVISION CREATING TWO RESIDENTIAL LOTS INCLUDING CLOSING A PORTION OF KENDALL PLACE – LOT 169 DP 1213075 AND LOT 1 DP 1262623 – 3-7 PALARAN AVENUE, NORTH KELLYVILLE SPEAKERS
NIL
COUNCIL OFFICER’S RECOMMENDATION
The application is recommended for approval subject to conditions.
PANEL’S DECISION
The application is approved as a deferred commencement consent subject to the conditions contained in the Council Officer’s report.
REASONS
1. The site is suitable for the development proposed and represents orderly and economic development.
2. The proposal satisfies the relevant State and Local planning provisions.
3. The proposal will have no unacceptable impacts on the built or natural environments.
4. The proposal is in the public interest.
5. The deferred commencement condition is required so as to ensure an operative consent is not provided until such time as the road closure (Kendall Place) is completed first as a separate process.
HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION
The development application was notified to 14 properties for 21 days and no submissions were received.
VOTING 4 - Nil.
