Cumberland Local Planning Panel Meeting
14 August 2019
Minutes
of the Cumberland Local Planning Panel Meeting held at Merrylands
Administration Building, 16 Memorial Avenue, Merrylands on Wednesday 14 August
2019.
Present:
The Hon. Paul Stein AM (Chairperson) QC, Marjorie Ferguson,
David Ryan and Irene Simms.
In
Attendance:
Karl Okorn, Michael Lawani, Esra Calim, Harley Pearman, Roy
Wong, Diep Hang, Rennie Rounds 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:
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
Mr Mohsen Hayek LPP053/19
Development Application – 58-60 Berwick Street, Guilford
Mr Eli Gescheit LPP054/19
– Section 4.56 Modification Application – 331 Blaxcell Street,
South Granville
Mr Nigel Merryweather LPP054/19
– Section 4.56 Modification Application – 331 Blaxcell Street,
South Granville
Mr Patrick Hurley LPP057/19
– Section 4.56 Modification Application – 1/181 McCredie Road,
Guilford West
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 the following people presented themselves:
Speakers Item
No. Subject
Ms Holly Duan LLP055/19
– 40-42A Park Road, Auburn
Ms Lu Liau LLP055/19
– 40-42A Park Road, Auburn
The open session of the meeting
here closed at 12:00p.m.
The closed session of the meeting here opened at 12:01p.m.
ITEM LPP053/19 - Development Application -
58-60 Berwick Street, Guildford
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1. That
Development Application 2019/11/1 for demolition of existing structures and
construction of a 4 storey building comprising of a 76 place child care
centre on the ground floor with 18 residential units above with two basement
car parking levels for 36 vehicles; pursuant to Affordable Rental Housing
SEPP 2009 be refused for the reasons provided within the draft Notice of
Determination contained in Attachment 8 as amended by the Panel.
2. Amend
the reasons so that reason 3 becomes reason 1
3. Amendment
to reason 4 as follows:
Failure
to demonstrate compliance with State Environmental Planning Policy (Educational
Establishments and Child Care Facilities) 2017 (pursuant to Section
4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979), with
regard to the following:-
Clause 23
– Matters for consideration by consent authorities
4.1 The
proposed child care does not comply with the provisions of
the Child Care Planning Guideline (CCPG) 2017 as listed under
number 5 below.
Clause 25
– Non discretionary development standards
4.2 The
location and the size of indoor and outdoor space of the proposed
child care do not comply with the provisions of the CCPG 2017
as listed under number 5 below.
For: The Hon. Paul Stein AM (Chairperson) QC, Marjorie
Ferguson, David Ryan and Irene
Simms.
Against: Nil.
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ITEM LPP054/19 -
Section 4.56 Modification Application - 331 Blaxcell Street, South Granville
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1. That
the modification application number 290/2017/A being a Section 4.56
application to modify an approved child care facility to provide additional
general purpose rooms and a rooftop outdoor play area on land at 331 Blaxcell
Street, South Granville be approved subject to the attached modified
conditions as amended by the Panel.
2. Condition
5 is amended as follows:
5 - Operational Plan of
Management
The premises shall be operated
in accordance with the operational plan of management dated May 2019 subject
to the following amendment. To include provisions relating to the ongoing
maintenance of the play areas, in particular, the roof garden. The amended
Operational Plan of Management shall be submitted to the Executive Manager
Development and Building for approval prior to the issue of a Construction
Certificate. Where there is any conflict between the provisions of the operational
plan of management and specific conditions of this consent, the specific
conditions of this consent shall prevail.
Reason: - to
ensure on-going management of the Child care centre is in accordance with the
operational plan of management.
For: The Hon. Paul Stein AM (Chairperson) QC, Marjorie
Ferguson, David Ryan and Irene
Simms.
Against: Nil.
Reasons for Decision:
1. The
Panel is in agreement with the Planning Officer’s report and has added
a condition relating to the ongoing maintenance of the roof garden.
2. The
Panel noted the applicants representatives confirmation that the additional
outdoor space was not a precursor to any future proposal to increase the
numbers of children and that the approved car parking will preclude any increase.
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ITEM LPP055/19 -
Development Application - 40 - 42A Park Road, Auburn
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1.
We find the amended Clause 4.6 Variation to be well founded.
The Panel is satisfied that the applicant’s amended written request has
adequately addressed the matters required to be demonstrated by Clause 4.6
(3) and the proposed development will be in the public interest because it is
consistent with the objectives of the standard and the objectives of the development
within the zone.
2.
That Development Application No. DA-51/2019 for the demolition
of existing dwellings and construction of a six storey residential flat
building comprising 32 units above two levels of basement car parking for 36
vehicles, pursuant to State Environmental Planning Policy (Affordable Rental
Housing) 2009 on land at 40-42A Park Road, AUBURN NSW 2144 be granted
deferred commencement approval, subject to recommended conditions of consent
at Attachment 1.
3.
The Addendum Report to be attached.
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 and Marjorie
Ferguson.
Against: David Ryan and Irene Simms.
Due to the division amongst the Panel, the resolution was
carried on the casting vote of the Chairperson, The Hon. Paul Stein AM QC.
Reasons for Decision:
1. The
majority supported the Planning Officer’s report. We considered the
issue of overshadowing of the adjacent property but on balance came to the
conclusion that approval was appropriate in the circumstances of the context
of the site and the orientation of the adjacent block of flats at 44 Park
Road, Auburn.
2. David
Ryan and Irene Simms support the approval of the development subject only to
the amendment of the front setback to comply with the DCP in order to reduce
the extent of overshadowing experienced by some units within number 44 Park
Road, Auburn who also raised objections on this basis.
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ITEM LPP056/19 -
Development Application - 96 Chiswick Road, Auburn
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That Development Application
No. 122/2019 for ‘Demolition of a glasshouse, part of a perimeter wall,
a timber wall, turnstiles and a pond and rock edging at the Auburn Botanic
Gardens’ on land at 96 Chiswick Road, AUBURN be approved subject to the
conditions in Attachment 1.
For: The
Hon. Paul Stein AM (Chairperson) QC, Marjorie Ferguson, David Ryan and Irene
Simms.
Against: Nil.
Reasons for Decision:
1. The
Panel is in agreement with the Planning Officer’s report and is
satisfied in relation to the issue of heritage.
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ITEM LPP057/19 -
Section 4.56 Modification Application - 1/181 McCredie Road, Guildford West
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That Development Application
2007/105/5 a Section 4.56 modification application of a Court Approval
application to an existing sex services premises to formalise unauthorised
internal works, internal alterations and additions and increase number of sex
workers from 11 to 12 be approved subject to the conditions within the draft
notice of determination provided at Attachment 3.
For: The Hon. Paul Stein AM (Chairperson) QC, Marjorie
Ferguson, David Ryan and Irene Simms.
Against: Nil.
Reasons for Decision:
1. The
Panel is in agreement with the Planning Officer’s report and notes that
compliance action has been taken in relation to unauthorised works carried
out on the premises.
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The closed session of the
meeting here closed at 1:25p.m.
The open session of the meeting
here opened at 1:26p.m. The Chairperson delivered the Cumberland Local Planning
Panel’s resolutions to the Public Gallery.
The meeting terminated at 1:32p.m.
Signed:
The Hon. Paul Stein AM
(Chairperson) QC
Chairperson