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MINUTES OF THE LOCAL PLANNING PANEL - THE HILLS SHIRE COUNCIL DETERMINATION MADE ELECTRONICALLY ON 6 SEPTEMBER 2021
PRESENT:
Julie Walsh Chair Chris Young Expert Lindsay Fletcher Expert 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, 370 OLD NORTHERN ROAD CASTLE HILL
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2 COUNCIL OFFICER’S RECOMMENDATION:
That the Development Application be approved subject to the conditions as recommended in the report considered by the Local Planning Panel on 6 July 2021 (attachment A1 to the Council report dated August 2021) with amendments to conditions 6, 31 and 50 set out below.
PANEL’S DECISION:
1. The Panel accepts the proposed departure from the development standard relating to building height in clause 4.3 of the Hills Local Environmental Plan 2019 as it is satisfied that the applicant’s written clause 4.6 submission has adequately addressed the matters required to be demonstrated by clause 4.6 (3) and the development will be in the public interest because it is consistent with the objectives of the building height standard and the objectives of the E4 Environmental Living Zone under the LEP.
2. The Development Application is approved subject to the conditions contained in attachment A1 to the report dated August 2021 amended as follows:
Condition 6be amended to read as follows:
Compliance with the requirements of Transport for New South Wales attached as Appendix B to this notice of determination dated 15 June 2021 (TfNSW Reference: SYD19/01219/08).
Condition 31 be amended to read as follows:
The responsibility for property numbering is vested solely in Council under the Local Government Act 1993.
The proprietors address for this development is: 20 (Proposed Private Road 1) Castle Hill.
Approved unit numbering is marked up as ‘Numbering Plan’ by Council’s Land Information Team within consent documentation (DWG Sht-101, Project 1942); and as follows:
Approved numbering for dwellings fronting (Proposed Private Road No. 1) Odd Numbering 1-33 Proposed Private Road 1, Castle Hill
Even Numbering 2-18 Proposed Private Road 1, Castle Hill
Approved numbering for dwellings fronting (Proposed Private Road No. 2) Odd Numbering 1-15 Proposed Private Road 2, Castle Hill
Even Numbering 2-8 Proposed Private Road 2, Castle Hill
These addresses shall be used for all correspondence, legal property transactions and shown on the final registered Deposited Plan/Strata Plan lodged with Land Registry Services NSW as required.
Approved numbers, unless otherwise approved by Council in writing, are to be displayed clearly on all door entrances including stairwells, lift and lobby entry doors.
External directional signage and property numbering is to be erected on mail boxes and on buildings to ensure that all numbering signage throughout the complex is clear to assist emergency service providers locate a destination easily & quickly.
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Street Name Blades must be positioned so as to not cause confusion Note: Position of far Street Blade of Proposed Road No. 2 is to be as per ‘Numbering Plan’ marked up by Council’s Land Information Team within consent documentation.
Amended mailbox positioning must be approved by Australia Post for mail delivery.
Approval confirmation from Australia Post and correctly numbered plans are to be forwarded to the Land Information Section of Council. Plans to be forwarded to Gregory Dimmock at the Seven Hills Delivery Centre – email [email protected] or phone 02 9674 4027.
Mail Boxes
Cluster mail boxes are to be located external of the gated entry within the site, as per amended road entry plan (Job No. 130584-DA202) within easy reach from a public road for the postal delivery officer. The number of mail boxes to be provided is to be equal to the number of dwellings plus one (1) for the proprietors of the development and be as per Australia Post size requirements. The proprietor’s additional mail box is to be located within the cluster.
Strata Developments
All approved developments that require subdivision under a Strata Plan, must submit a copy of the final strata plan to Council’s Land Information Section before it is registered for the approval and allocation of final property and unit numbering. This applies regardless of whether the PCA is Council or not.
It is required that Lot numbers within the proposed strata plan are not duplicated and all run sequentially within the same level, commencing from the lowest level upwards to the highest level within the development.
Please call 9843 0555 or email a copy of the final strata plan before it is registered at Land Registry Services NSW to [email protected] for the approval of final Property and Unit numbering with corresponding Lot Numbers now required to be included within the registered Strata Administration sheet.
Under no circumstances is the Strata Plan to be lodged with Land Registry Services NSW before Council has approved all final addressing.
Condition 50be amended to read as follows:
Road Safety Audit – Internal Roads and Old Northern Road Intersection
A Stage 3 (detailed design) Road Safety Audit (RSA) must be prepared by an accredited auditor who is independent of the design consultant addressing the following.
a) The internal/ private roads. Specifically in relation to the slope, bends and level difference/ elevation.
b) The intersection between the private road and Old Northern Road. Specifically in relation to the proximity of the existing driveway associated with 372 Old Northern Road within the northern corner splay and the potential for conflict between northbound vehicles travelling on Old Northern Road turning into that driveway and vehicles exiting the site.
The intersection between the private road and Old Northern Road requires separate approval under the Roads Act 1993 as per Conditions 6 and 16.
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A copy of the RSA must accompany the detailed design plans submitted with the Subdivision Works Certificate.
Prior to the issue of a Subdivision Works Certificate the Principal Certifier must ensure that the recommendations of the RSA have been addressed in the detailed design.
REASONS Generally
The Panel is generally in agreement with the Council Officer’s report to the 6 July 2021 Meeting and the supplementary report dated August 2021 to this Electronic Meeting. The Panel is also of the view that the clause 4.6 objection to the height development standard is well founded in the circumstances of the case.
Driveway Access
The Panel has considered the Council Officer’s reports referred to above and the various additional submissions received by Council (following the deferral of this matter on 6 July 2021) by the objectors (including Consultants acting on their behalf, notably McLaren Traffic Engineering) including the most recent submission from McKees Legal Solutions dated 2 September 2021 and its attachments.
The Panel has also received a briefing (including written responses to the submissions) from Council Officers including Council’s Manager of Subdivision and Certification, Ben Hawkins.
The Panel notes that a vehicular access to 372 Old Northern Road (372) which is in close proximity to the proposed sole access to 370 Old Northern Road (370) is a secondary vehicular access with the principal vehicular access to 372 further to the north.
The secondary vehicular access is used periodically for maintenance vehicles.
The Panel notes that neither the existing secondary vehicular access to 372 or the existing sole access to 370 are compliant with current Australian Standards.
The Panel further notes that the approval of this development will require the access way to 370 to be brought up to current standards and that the arrangements required to be implemented as part of this approval will be an improvement with respect to safety compared to the current arrangement.
Whilst the Panel understands the desire of the owner of 372 to seek to bring the existing secondary vehicular access up to current standards, the Panel does not believe it would be reasonable to require the applicant for this development application to do so as part of the approval of this application.
The Panel is of the opinion that if and when redevelopment of 372 takes place, any arrangements for the relocation and/or upgrading of this secondary vehicular access to 372 can be dealt with at that time if a second vehicular access is required.
Transport for NSW (TfNSW) has granted concurrence for the proposed vehicular access on 15 June 2021.
The Panel has also considered the responses from TfNSW and its legal advisors to the submissions lodged on behalf of the Applicant. The issue of traffic safety has been
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considered in detail by Council Officers and the Panel had the benefit of their reports and a briefing.
The Panel has modified condition 50 to seek to address the concerns raised by the objectors concerning the involvement of a road safety auditor in the detailed intersection design process.
HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The Development Application followed the making of a site specific amendment to the LEP which was the subject of community participation.
The development application was notified and a number of submissions were received, including a number following the deferral of the matter at the 6 July 2021 Panel meeting. The Panel has considered the submissions, and is of the view that the matters raised have been adequately dealt with in the Council officer’s reports and briefings received by the Panel, and that no reason has been reasonably advanced that would warrant refusal of the application.
The Panel therefore has determined to conditionally approve the application.
VOTING:
Unanimous.
