PAGE 1 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 6 AUGUST 2019
PRESENT
Cameron McKenzie Group Manager – Development & Compliance (Chair) Andrew Brooks Manager – Subdivision & Development Certification Angelo Berios Manager – Environment & Health
Craig Woods Manager – Regulatory Services
Megan Munari Principal Co-ordinator – Forward Planning Kristine McKenzie Principal Executive Planner
APOLOGIES
Paul Osborne Manager – Development Assessment Nicholas Carlton Manager – Forward Planning
TIME OF COMMENCEMENT 8:30am
TIME OF COMPLETION 8:52am
ITEM-1 CONFIRMATION OF MINUTES
RESOLUTION
The Minutes of the Development Assessment Unit Meeting of Council held on 23 July 2019 be confirmed.
ITEM-2 DA 1473/2019/HA - TWO STOREY DWELLING, DETACHED SECONDARY DWELLING AND RETAINING WALLS - LOT 102 DP 1208719 WITHERS ROAD 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
The application be approved subject to conditions as set out in the report.
DECISION
The development application be approved subject to conditions in the report.
REASONS FOR THE DECISION
Section 4.15 (EP& A Act) – Satisfactory.
SEPP Growth Centres – Satisfactory.
North Kellyville Precinct DCP 2018 – Satisfactory.
HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and one (1) submission was received. The issues raised were discussed in the report.
PAGE 2 ITEM-3 DA 1013/2019/HA - CONSTRUCTION OF A NEW SECONDARY DWELLING AND TO FORMALISE THE USE OF THE EXISTING SHED AS AN OUTBUILDING ASSOCIATED WITH THE PRINCIPAL DWELLING - LOT 9 DP 241639, NO. 18 JOYLYN ROAD, ANNANGROVE 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 Development Application be refused on the following grounds:
(i) The proposal is best defined as multi dwelling housing which is a prohibited use in the RU6 Transition zone.
(Section 4.15(a)(i) of the Environmental Planning and Assessment Act, 1979).
(ii) The proposal could also be defined as a detached dual occupancy which is a prohibited use in the RU6 Transition zone.
(Section 4.15(a)(i) of the Environmental Planning and Assessment Act, 1979)
(iii) The proposed development is inconsistent with the objectives of the RU6 Rural Transition zone under Local Environmental Plan 2012.
(Section 4.15 (1)(a)(i) of the NSW Environmental Planning and Assessment Act, 1979).
(iv) A secondary dwelling could not be approved in this manner because Clause 5.4(9) of the Local Environmental Plan 2012 prohibits secondary dwellings with a floor area exceeding 60m2 or 20% of the total floor area of the principal dwelling (whichever is greater).
(Section 4.15(a)(i) of the Environmental Planning and Assessment Act, 1979).
(v) The proposed development has not been supported by adequate information including a Building Code of Australia Report, and appropriate Bushfire Assessment or a satisfactory Waste Water Report.
REASONS FOR THE DECISION
Section 4.15 (EP&A Act) – Unsatisfactory.
LEP 2012 – Unsatisfactory.
DCP Part B Section 1 – Rural – Unsatisfactory.
Section 7.12 Contribution – Nil
HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and one (1) submission was received. The issues raised were discussed in the report.
NB: A further submission from the applicant regarding permissibility, the RFS referral and the accuracy of the report was tabled and discussed at the meeting.
END MINUTES
