Cumberland Local Planning Panel Meeting
12 June 2019
Minutes
of the Cumberland Local Planning Panel Meeting held at Merrylands
Administration Building, 16 Memorial Avenue, Merrylands on Wednesday 12 June
2019.
Present:
The Hon. Paul Stein AM (Chairperson) QC, Brian Kirk, Larissa
Ozog and Bruce Simpson.
In Attendance:
Karl Okorn, Sohail Faridy, Michael Lawani, Bismark
Opoku-Ware, Harley Pearman, Esra Calim, Bianca Chiu, Sifa Kc, Harley Pearman, Somer
Ammar and Laith Jammal.
Notice of Live Streaming of
CUMBERLAND LOCAL PLANNING PANEL meeting
The Chairperson advised that the Cumberland Local Planning
meeting was being streamed live on Council's website and members of the public
must ensure their speech to the Panel is respectful and use appropriate
language.
The meeting here opened at 11:30a.m.
Declarations Of Interest:
Mr Bruce Simpson declared two
interests in the Development Applications LPP041/19 Ajacent 28A Campbell
Street, Berala and LOO042/19 Ajacent 174 Woodburn Road, Berala as Mr Simpson
holds Telsra shares. Mr Simpson believes that this is a potential conflict of
interest that is non-significant and will therefore continue his duty on the
Panel for both items.
ADDRESS BY INVITED SPEAKERS:
The following persons had made application
to address the Cumberland Local Planning Panel meeting:
Speakers Item
No. Subject
Brad Delapierre Development
Application for 20-24 Bridge Street, Lidcombe
George Gregoire Development
Application for 9 McCredie Road, Guildford West
Jim Murray Development
Application for 9 McCredie Road, Guildford West
Brad Delapierre Development
Application for 14 Hilltop Road, Merrylands
Jonathon Wood Development
Application for 14 Hilltop Road, Merrylands
Michael Trinh Development
Application for 14 Hilltop Road, Merrylands
Morgan Stanbury Development
Application for 14 Hilltop Road, Merrylands
The Chairperson enquired to those
present in the Gallery as to whether there were any further persons who would
like to address the Panel and no further persons presented themselves.
The open session of the meeting
here closed at 12:35.p.m.
The closed session of the meeting here opened at 12:36.p.m.
ITEM LPP039/19 - Development Application for
20-24 Bridge Street, Lidcombe
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1. The
Panel is of the opinion that the Clause 4.6 variation relating to the Height
of Buildings development standard is well founded and in the public interest.
2. Development
Application No. DA-263/2018 for demolition of existing structures and
the construction of an 11 storey shop top housing development, comprising of
3 commercial tenancies and 60 residential units over 4 levels of basement
parking and lot consolidation on land at 20-24 Bridge Street, Lidcombe be
granted deferred commencement approval subject to attached conditions in the
attached schedule as amended by the Panel:
Add the
following deferred commencement condition under Schedule A;
1. In
order to satisfy the requirements of SEPP 65 in providing a suitable mix of
apartments (Part 4K of the Apartment Design Guide) and to improve the
internal acoustic amenity of the apartments (Part 4H of the Apartment Design
Guide) and their layout. Amended plans are to be submitted for approval which
facilitate the following;
i.
The master bedroom of units
104 to 1004 shall be redesigned to become part of the adjoining unit to the
South (Units 105 to1005) and units 104 to 1004 become one bedroom apartments.
ii.
The master bedroom to units
105 to 1005 shall become part of the adjoining unit to the south (units 106
to 1006) and units 105 to 1005 to remain as two bedroom apartments.
iii.
The modified master bedrooms
shall be relocated to the west to obtain a window and natural ventilation to
this space and associated amenities relocated centrally.
iv.
From this new arrangement
units 106 to 1006 shall become three bedroom units.
v.
An updated Basix Certificate
shall accompany the amended plans.
These
changes may alter the section 7.11 contributions (condition 4), parking
arrangements (condition 90) and storage requirements (Condition 92).
The amended plans shall be to the satisfaction of the Executive Manager of
Development and Building.
In
accordance with clause 95(3) of the Environmental Planning and Assessment
Regulation 2000, you must produce evidence to the Council within a period of 2
years, sufficient enough for Council to be able to be satisfied of the
above matters.
If evidence is produced within
the specified period, in accordance with Clause 95(5) of the Regulation,
Council will notify you whether or not it is satisfied as to the above
matters and whether or not the consent will operate.
2. Insertion of a new standard condition as
follows:
3. Common
wall construction
Prior to the issue of the Construction Certificate,
construction drawings shall be submitted to the Principle Certifying
Authority for approval to indicate that common party walls between the
dwellings being constructed from solid masonry materials and not being
lightweight construction.
Reason: To ensure adequate acoustic separation between
dwellings within the development.
4. Persons
whom have lodged a submission in respect to the application be notified of
the determination of the application.
For: The Hon. Paul Stein AM (Chairperson) QC, Brian
Kirk, Larissa Ozog and Bruce Simpson.
Against:
Nil.
Reasons
for Decision:
1. The Panel is
of the view that a combination of internal design inadequacies and lack of
unit mix required a deferred commencement approval. The deferred commencement
condition addresses the unit mix and internal amenity of the units.
Other than the deferred commencement condition, the Panel generally agrees
with the Officer’s report.
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ITEM LPP040/19 -
Development Application for 9 McCredie Road, Guildford West
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1.
That Development Application No. 2018/481/1 for the demolition
of existing structures and construction of 3 x 2 storey attached dwellings on
land at 9 McCredie Road, Guildford West be granted deferred commencement
approval subject to attached conditions in the attached schedule as amended
by the Panel.
2.
The amendment of condition 11 as follows:
Amended plans
shall be submitted to the Principal Certifying Authority, prior to the issue
of a Construction Certificate addressing the following issues:
i.
The rear first floor balcony of the dwelling on Lot 60 shall be
reduced to a maximum of 10m2 in area and the width reduced to 2m
wide.
ii.
3x 1.5m high fixed privacy screens shall be attached to the north
elevations of the 3 first floor rear balconies as shown in red on the
approved plans to protect privacy of adjoining sites.
iii.
300mm high lattice screen to be added on top of the western side of
the boundary fencing of Lot 59 from the rear boundary to the rear wall of the
new garage.
3.
Persons whom have lodged a submission in respect to the
application be notified of the determination of the application.
For: The Hon. Paul Stein AM (Chairperson) QC, Brian
Kirk, Larissa Ozog and Bruce Simpson.
Against:
Nil.
Reasons
for Decision:
1. The Panel is
in agreement with the Planning Officer’s report and has added a new
condition to address the privacy issues of the adjoining neighbour to the
west.
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ITEM LPP041/19 -
Development Application for Adjacent to 28A Campbell Street, Berala
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1. That
Development Application Number 63/2019 for use of a digital display sign
affixed to a Telstra payphone for third party advertising on land adjacent to
28A Campbell Street Berala be approved subject to attached conditions.
2. Persons
whom have lodged a submission in respect to the application be notified of
the determination of the application.
For: The Hon. Paul Stein AM (Chairperson) QC, Brian
Kirk, Larissa Ozog and Bruce Simpson.
Against:
Nil.
Reasons
for Decision:
1. The Panel
generally concurs with the Officers report. The Panel is satisfied in
relation to the pedestrian/traffic issues. In addition the Panel is of
the view that the Council should continue to consider the appropriateness and
design of private advertising in public domain spaces.
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ITEM LPP042/19 -
Development Application for Adjacent to 174 Woodburn Road, Berala
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1. That
Development Application Number 83/2019 for use of a digital display sign
affixed to a Telstra payphone for third party advertising on land adjacent to
174 Woodburn Road Berala be approved as deferred commencement consent subject
to attached conditions.
2. Persons
whom have lodged a submission in respect to the application be notified of
the determination of the application.
For: The Hon. Paul Stein AM (Chairperson) QC, Brian
Kirk, Larissa Ozog and Bruce Simpson.
Against:
Nil.
Reasons
for Decision:
1. The Panel
generally concurs with the Officers report. The Panel is satisfied in
relation to the pedestrian/traffic issues. In addition the Panel is of
the view that the Council should continue to consider the appropriateness and
design of private advertising in public domain spaces.
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ITEM LPP043/19 -
Development Application for 14 Hilltop Road, Merrylands
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1.
That Development Application 2018/416/1 for demolition of
existing structures; construction of a 4 storey shop top housing development
comprising 50 place child care centre on the ground floor; 1 commercial
tenancy, and 14 residential units above 2 levels of basement parking
accommodating 41 car parking spaces on land at 14 Hilltop Road, Merrylands,
be Approved, subject to the deferred commencement conditions, provided at
Attachment 1 as amended by the Panel:
2.
Amendment to deferred commencement condition 9 as follows:
Plan of
Management
The Plan of Management shall be
amended to include safety measures for children using the same lift as
visitors for the commercial premises and to change the number of children in
the childcare centre to 50.
3.
Amendment to standard condition 16 as follows:
Amended
Plans
Amended plans shall be
submitted to the Principal Certifying Authority, prior to the issue of a
Construction Certificate addressing the following issues:
i.
The outdoor play area shall detail any
shade structures and play equipment.
ii.
1.5m privacy screen shall be
installed along the southern, eastern and western elevation of the communal
open space areas on the 3rd and 4th storey.
iii.
The proposed screening around the sub
station shall be removed to open up this space and landscaping is to be
provided around the sub station to improve its appearance.
iv.
The planter boxes surrounding the
areas of communal open space are to have a minimum width of 1 metre.
4. That
the applicant and those persons who lodged a submission in respect of the
application be notified of the determination of the application.
For: The Hon. Paul Stein AM (Chairperson) QC, Brian
Kirk and Bruce Simpson.
Against:
Larrisa Ozog.
Reasons
for Decision:
1. The
majority of the Panel generally concur with the Planning Officer’s
report but have added to the deferred commencement and standard conditions
recommended by the Officers.
2. One
member of the Panel voted against the resolution for the following reasons:
a) The
proposed development its site planning and general layout is considered to be
a poor planning and design outcome.
b) The
currently approved Development Application is considered to be a more
suitable solution for the site.
c) The
relationship and design of the childcare centre to the residential component
of the development is considered to be poor.
3. Mr Simpson
considered that the footway crossing should be perpendicular, rather than
splayed, to improve safety and amenity for pedestrians.
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The closed session of the
meeting here closed at 2:53.p.m
The open session of the meeting
here opened at 2:54.p.m.
The Chairperson delivered the
Cumberland Local Planning Panel’s resolutions to the Public Gallery.
The meeting terminated at 2:56.p.m.
Signed:

Hon. Paul Stein AM (Chairperson)
QC
Chairperson