Minutes
Lane Cove Local Planning Panel Meeting
8 February 2023
Minutes
Lane Cove Local Planning Panel Meeting
8 February 2023
Lane Cove Local Planning Panel 8 February 2023
Minutes
PRESENT: Mr Mark Gifford, Chairman, Mr Robert Montgomery, Planning Expert, Ms Lindsey Dey, Planning Expert, Ms Maria Linders, Community Representative
ALSO PRESENT: Mr Mark Brisby, Executive Manager Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Mr Chris Shortt, Senior Town Planner, Mr Andrew Bland, Town Planner and Ms Angela Panich, Panel Secretary.
DECLARATIONS OF INTEREST: Nil
Lane Cove Local Planning Panel Reports
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That pursuant to the provisions of Section 4.55 of the Environmental Planning and Assessment Act 1979, the Local Planning Panel at its meeting of 8 February 2023, exercising the functions of Council as the consent authority, amends the consent to Development Application DA110/2021 for the part demolition and significant alterations to the dwelling house including a rear addition, a swimming pool and related landscaping at 60 Cliff Road, Northwood, and deletes the requirement to chamfer the edge of the existing building and the reduction of the proposed balcony. The existing east facing window is to be deleted. The consent is amended in the following manner:
Part A
The amendment of condition 1 to read:
1. A.1 - Approved plans and supporting documentation Development must be carried out in accordance with the following approved plans and supporting documentation (stamped by Council), except where the conditions of this consent expressly require otherwise.
Reason: To ensure all parties are aware of the approved plans and supporting documentation that applies to the development.
Part B
The addition of condition 1B to read:
1B. Updated Basix Certificate An updated Basix Certificate is to be obtained and provided to the principle certifier prior to the issue of the construction certificate.
Reason: To ensure an updated Basix Certificate is relied upon.
Part C
The retention of all the other conditions of the development consent, being condition numbers 1A, 2 - 67, as previously approved
Panel Reasons
The Panel members inspected the site and met with the owner’s representatives on site. The Panel also considered drawings, plans and photographs pursuant to the application and Council’s report to the Panel, the written objections to the application received by Council and matters raised by the owner’s representatives during the Panel’s meeting.
The Panel determined that reverting to the original approved south east corner design (ie, no 1.9m ‘splayed edge’) and balcony size (ie 4.5m setback) did not reflect a significant impact on privacy or amenity for the adjoining property and agreed that the proposed changes would have impacted the approved development, not resulted in a material privacy or amenity benefit and potentially adversely affected the rock ledge at the rear of the development.
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The decision of the Panel was unanimous |
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That pursuant to the provisions of Section 4.55 of the Environmental Planning and Assessment Act 1979, the Local Planning Panel at its meeting of 8 February 2023, exercising the functions of Council as the consent authority, amends the consent to Development Application DA103/19 for a Residential Care Facility development under State Environmental Planning Policy (SEPP) (Housing for Seniors or People with a Disability) 2004 on Lot 1 in DP 1135033, known as No. 33 Greenwich Road, Greenwich, subject to attached updated conditions below: : 1. Approved Plans/Documents: Except where otherwise provided in this consent, the development is to be carried out strictly in accordance with the following plans (stamped approved by Council):
And as amended by the following Drawings Nos. A01-A07 & A10-A12 Rev - dated 07/10/22 prepared SB Architects and 57.22(20)/175’A’ Revision A dated 03.08.22, 57.22(20)/243-248’B” Revision B dated 12.10.22 prepared by iScape
The following amendments are to be made to the architectural plans prior to the issue of a Construction Certificate:
· The rooftop glass windbreak is to be reduced to be a maximum 1.39m in height from the adjacent finished floor/garden bed level.
1A. There is to be no service of alcohol from the approved bar within the Clubroom on the roof level before 8am or after 6pm on any day of the week.
Reason: To ensure appropriate privacy or amenity is achieved between the development and surrounding properties.
5. Section 7.11 Contributions. THE PAYMENT OF A CONTRIBUTION FOR ADDITIONAL COMMERCIAL FLOOR AREA IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN. THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF THE FIRST CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT. THE AMOUNT IS $175,088.18 AT THE 2022/2023 RATE OF PAYMENT. NOTE: PAYMENT MUST BE IN BANK CHEQUE. PERSONAL CHEQUES WILL NOT BE ACCEPTED.
THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.
The Section 7.11 Contribution is calculated in the following manner:
Contribution for Residential Care Facility
Credit for Existing Boarding House
Total Section 7.11 Contribution Payable
The total Section 7.11 contribution payable is the contribution less credit being a total of $175,088.18
68. Compliance with Arborist Report. All recommendations contained in section 6 and 7 of the Arborist report to amend the design or method to mitigate the impacts on retained trees are to be implemented. These are inclusive of;
· Permeable paving to be installed above grade for footpaths and driveways within Tree Protection Zones, excluding trees 43 and 44. · Any boundary fencing posts that fall within a tree protection zone are to be hand dug and located clear of roots. · Thrust boring for storm water installation within the Tree Protection Zones of retained and neighbouring trees. · No roots greater than 40mm in diameter are to be pruned unless the Project Arborist is present to authorise it. · All excavations within the Tree Protection Zones of retained and neighbouring trees to be manual or Hydrovac method to minimise damage to tree roots.
Panel Reasons
Panel members visited the site. The Panel also considered drawings, plans and photographs pursuant to the application and Council’s report to the Panel, the written objections to the application received by Council and those raised during the Panel’s meeting and matters raised by the owner’s representatives during the meeting. The Panel acknowledges the concerns raised by community members about use of the roof top area by persons unrelated to the aged care facility for social activities. The Panel considers that its refusal of the requested "special occasions" provision and inclusion of hours for alcohol service addresses these concerns. Further, the Panel also acknowledges the owner's statements to the Panel at its meeting that there is restricted public access to aged care facilities and that it is a highly regulated environment.
The Panel determined that given the development use (aged care), the location of the bar within the development on the roof top, distance to neighboring properties and the location of the development along with the conditions imposed on hours for service of alcohol, any disturbance associated with the use of the bar, would be minimal.
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The decision of the Panel was unanimous. |
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That pursuant to the provisions of Section 4.55 of the Environmental Planning and Assessment Act 1979, the Local Planning Panel at its meeting of 8 February 2023, exercising the functions of Council as the Consent Authority, the Panel refuses the deletion of condition 4 (c) previously imposed by the Panel
Panel Reasons
Panel members visited the site. The Panel also considered drawings, plans, photographs and reports pursuant to the application and Council’s report to the Panel, the written objections to the application received by Council and those raised during the Panel’s meeting and matters raised by the owner’s representatives during the meeting.
In reaching its decision to refuse the application the Panel determined that the information provided by the applicant was insufficient to support the modification. In particular, it was noted that no acoustic site specific modelling and interpretation of data was provided to demonstrate that appropriate alternatives to the double brick cavity fence (on the boundary with 6 Merinda Street) may be available.
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The decision of the Panel was unanimous |
The meeting closed at 6.50pm
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