Extraordinary Cumberland Local Planning
Panel Meeting
24 July 2019
Minutes
of the Extraordinary Cumberland Local Planning Panel Meeting held at Merrylands
Administration Building, 16 Memorial Avenue, Merrylands on Wednesday 24 July
2019.
Present:
Julie Walsh (Chairperson), Brian Kirk, Larissa Ozog and Allan
Ezzy.
In
Attendance:
Karl Okorn, Michael Lawani, Sohail Faridy, Nighat Aamir,
Sarah Pritchard, Glenn Apps, Roy Wong, Esra Calim, Olivia Shields 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 11:35a.m.
Declarations
Of Interest:
There were no declarations of
interest.
ADDRESS BY
INVITED SPEAKERS:
The following persons had made
application to address the Cumberland Local Planning Panel meeting:
Speakers Item
No. Subject
Adam Byrnes Development
Application for 7 Linden Street Toongabbie
Martin Salaverri Development
Application for 2 Kingsland Road, Berala
Andre Mulder & Development
Application for 9-19 Mary Street, Auburn
Glenn Francis
Tony Oldfield Development
Application for 9-19 Mary Street, Auburn
Kerryn Stanton Development
Application for 9-19 Mary Street, Auburn
Adam Byrnes Development
Application for 14, 16 & 18 Good Street, Westmead
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 12:37p.m.
The closed session of the meeting here opened at 12:38p.m.
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ITEM LPP049/19 - Development Application for
7 Linden Street Toongabbie
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1. That DA
2019/52 for demolition of existing structures and construction of a 5 storey
boarding house with 24 boarding rooms and 1 manager's room, part undercroft,
part basement parking for 13 cars and 5 motorcycle spaces pursuant to SEPP
ARH 2009 be approved subject to the conditions provided in the draft notice
of determination amended as follows:
a. Condition 53, 54,
85, 86 and 88 are to be amended to delete the words “the trees indented
on the endorsed plans as being retained/transplanted” or similar and
include the words “Tree 1 (Eucalyptus tereticornis) as specified
in the Arborist Report prepared by Mark Bury Consulting dated 7th
May 2019”.
b. Amendment of
Condition 134 by inserting the words “as defined under SEPP (Affordable
Rental Housing) 2009 after the word “boarding house” in the first
line.
c. Amendment of
Condition 140 to replace the reference to “Holroyd Local Environment
Plan 2013” with the “SEPP (Affordable Rental Housing)
2009”.
d. Amendment
to Condition 14 to delete “minus credit for the existing 3 bedroom
dwelling” and change contribution amount to $165,525.00.
2. Persons
whom have lodged a submission in respect to the application be notified of
the determination of the application.
For: Julie Walsh (Chairperson), Brian Kirk, Larissa Ozog
and Allan Ezzy.
Against: Nil.
Reasons
for Decision:
1. The Panel generally agrees
with the Planning Officer’s report subject to the amendments to the
conditions as listed above.
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ITEM LPP050/19 - Development
Application for 2 Kingsland Road, Berala
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1. That
Development Application No. DA-103/2019 for Demolition of existing dwelling
house and construction of a 2 storey boarding house development comprising 12
boarding rooms and on site car parking for 6 vehicles on land at 2 Kingsland
Road, Berala be granted deferred commencement approval subject to conditions
in the draft notice of determination as amended by the Panel:
a. Addition
of Condition 20A: A covenant restricting use of the premises as a
boarding house is to be registered on title prior to an Occupation
Certificate being issued or commencement of the building operating as a
boarding house, whichever happens first. All costs of the preparation
and registration of any associated documentation are to be borne by the
applicant.
b.
Addition of Condition 20B: The accommodation of the building must be used as a
boarding house as defined in SEPP (Affordable Rental Housing) 2009 and not
for the purposes of hotel, motel, serviced apartments, tourist accommodation
or the like.
c. Addition of Condition 20C: The owner and/or
their representative such as a building manager or agent are not permitted to
advertise or organise for short term or share accommodation in the building.
d. Amend deferred commencement condition DC2 to include:
d. The fencing associated with the triangular section at
the corner of Kingsland Road and Campbell Street shall have a maximum height
of 1.2m. The fence shall be a semi transparent (maximum 50% solid) palisade
style.
e. Front fencing to Kingsland Road and Campbell Street
(where not mentioned in previous conditions) shall have a maximum height of
1.2m and shall be a semitransparent (maximum 50% solid) palisade style.
e. Delete Condition 92.
2. Persons whom have
lodged a submission in respect to the application be notified of the
determination of the application.
For: Julie Walsh (Chairperson), Brian Kirk, Larissa Ozog
and Allan Ezzy.
Against: Nil.
Reasons
for Decision:
1. The Panel
generally agrees with the Planning Officer’s report subject to the
amendments to the conditions as listed above.
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ITEM LPP051/19 -
Development Application for 9-19 Mary Street, Auburn
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1. That
Development Application No. DA-92/2019 for Alterations and additions to
approved 12 storey mixed use building (DA-52/2017) at 13-19 Mary Street,
Auburn including the construction of an additional 12 storey mixed use
building component at 9-11 Mary Street, Auburn which will accommodate a total
of 157 residential units (41 x 1 bedroom, 90 x 2 bedroom and 26 x 3 bedroom
units), 5 x commercial suites, 1 x office suite over part 4 part 5 level
basement for 288 vehicles on land at 9-19 Mary Street, AUBURN NSW 2144 be
deferred for the following reasons:
a. To
allow the applicant to make the following design changes:
i.
The applicant to submit a redesign of the internal layout of
each floor to minimise the number of bedrooms sharing a common wall with the
living areas of adjoining units. In the event that a redesign of any
particular unit is not practicable then the applicant is to submit a
construction methodology statement demonstrating how noise transfer from
living area to bedroom is to be controlled.
ii.
The walls to the studies on level 1-4 shall be removed and that
area opened up to become part of the living space.
iii.
The 4 storage spaces adjoining the central columns within
basement levels 1, 2, 3 and 4 shall be removed and relocated as storage cages
within each basement to improve visibility when manoeuvring through the
basement.
b. to
enable the applicant to provide clarification on the following matters:
i.
whether the submitted clause 4.6 request requires amendment
having regard to the applicant’s advice that the maximum RL will be
RL64.90.
ii.
the maximum GFA and FSR of the development.
c. to
enable consideration of the relationship of the conditions under development
consent DA52/2017 for 13-19 Mary Street Auburn and the conditions recommended
for the subject development application.
d. Council
Officers are to provide to the Panel a complete set of recommended conditions
for the proposed development having regard to the information received in
response to a-c above.
2. The
Panel may determine the application electronically.
3. Persons
whom have lodged a submission in respect to the application be notified of
the above decision of the Panel.
For: Julie Walsh (Chairperson), Brian Kirk, Larissa Ozog
and Allan Ezzy.
Against: Nil.
Reasons
for Decision:
1. The Panel is
not satisfied with the internal layout of units, having regard to objective
4H-2 of the Apartment Design Guide addressing acoustic privacy.
2. The
Panel requires clarification with regard to the maximum height and FSR of the
proposed development.
3. The Panel
requires clarification that the recommended conditions of consent do not
conflict with the conditions of consent for DA-52/2017.
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ITEM LPP052/19 -
Development Application for 14, 16 & 18 Good Street, Westmead
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1. That
Development Application 2019/3/1 for the demolition of existing structures
and construction of a six (6) storey residential flat building, comprising 38
residential units, over two (2) levels of basement containing 39 parking
spaces and 1 car wash bay pursuant to State Environmental Planning Policy
(Affordable Rental Housing) 2009 be Approved via Deferred Commencement,
subject to the conditions, contained in the draft notice of determination,
subject to 2 below.
2. Addition
of Deferred Commencement Condition 11 in Schedule A:
The party
wall between bedrooms of units 3, 10, 17, 24 and associated adjoining units
4, 11, 18 and 25 be treated with acoustic seals such that the noise
transmission into the bedrooms is minimised.
3. That
the applicant and those persons who lodged a submission in respect to the
application be notified of the determination of the application.
For: Julie Walsh (Chairperson), Brian Kirk, Larissa Ozog
and Allan Ezzy.
Against: Nil.
Reasons
for Decision:
1. The Panel
generally agrees with the Planning Officer’s report subject to the
amendment to the conditions as listed above.
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The closed session of the
meeting here closed at 3:02p.m.
The open session of the meeting
here opened at 3:03p.m. The Chairperson delivered the Cumberland Local Planning
Panel’s resolutions to the Public Gallery.
The meeting terminated at 3:05p.m.
Signed:
Julie Walsh
Chairperson