Cumberland Local Planning Panel Meeting
10 December 2019
Minutes
of the Cumberland Local Planning Panel Meeting held at Merrylands
Administration Building, 16 Memorial Avenue, Merrylands on Tuesday 10 December
2019.
Present:
The Hon. Paul Stein AM (Chairperson) QC, Larissa Ozog
Chris Young and Paul Moulds AM.
In Attendance:
Karl Okorn, Michael Lawani, Sarah Pritchard, Sohail Faridy,
Brittany Mould, Nighat Aamir, Harley Pearman 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
Kaye Sismey Section
4.55(1A) Modification Application for 84-88 Warren Road,Smithfield
Maurice Hawell Section
4.55(1A) Modification Application for 84-88 Warren Road,Smithfield
Jonathon Wood Section
4.55(2) Modification Application for 127-129 Great Western Highway, Mays Hill
Ramah Ati Section
4.56 Application for 44-46 Pegler Avenue, South Granville
Brad Delapierre Development
Application for 284 - 288 Great Western Highway, Wentworthville
Jonathon Wood Development
Application for 11 Hilltop Road, Merrylands
Sophie Hale Development
Application for 11 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 12:33p.m.
The closed session of the meeting here opened at 12:34p.m.
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ITEM LPP078/19 - Development Application
2019/254/1- 43 Irrigation Road ,South Wentworthville (Lot 32,DP 27474)
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1. That
Development Application No. 2019/254/1 for Demolition of existing structures
and construction of an attached two storey dual occupancy and associated
Torrens title subdivision into 2 lots on land at 43 Irrigation Road South
Wentworthville be approved under deferred commencement, subject to the
conditions contained in Attachment 1 of this report as amended by the Panel.
2. The amendment
to condition 11 to read 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 unit 1 alfresco opening shall be
fitted with a privacy screening along the west elevation to a minimum height
of 1.5m from the finished floor level;
ii.
The unit 2 alfresco opening shall be
fitted with a privacy screening along the east elevation to a minimum height
of 1.5m from the finished floor level;
iii.
The internal door to
the garage of both unit 1 and unit 2 shall be amended to provide either an
outwards opening or sliding door to maintain a clear length and width for car
parking;
iv.
The subdivision plan
shall be amended to reflect the sum of the all lots as a total of 615.9sqm;
v.
Basix commitments including water tanks shall be consistently
shown on all plans (including architectural plans and stormwater plans).
vi.
The external eastern and western first floor walls shall be
articulated in the form of variation in colour and/or materials.
Reasons for Decision:
The Panel agrees with the Planning Officer’s report
and has added a condition to address the noncompliance with the wall length.
For: The Hon. Paul Stein AM (Chairperson) QC,
Larissa Ozog Chris Young and Paul Moulds
AM.
Against: Nil.
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ITEM LPP079/19 -
Section 4.55(1A) Modification Application for 84-88 Warren Road, Smithfield
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1. That
DA 2016/8/4 which seeks approval for permanent continuation of extended hours
of operation and out of hours, limited vehicle access to commercial laundry,
be approved subject to the conditions within the draft notice of
determination provided at attachment 3.
2. That
the persons who lodged a submission in respect of the application be notified
of the determination.
Reasons for Decision:
1. The subject
premises have had two (2) twelve (12) month trial periods (a total of 24
months) and no breaches have been established during that time.
2. The Panel has
noted and examined the submissions made with respect to this application.
For: The Hon. Paul Stein AM (Chairperson) QC,
Larissa Ozog Chris Young and Paul Moulds
AM.
Against: Nil.
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ITEM LPP080/19 - Section
4.55(2) Modification Application for 127-129 Great Western Highway, Mays Hill
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That DA 2016/490/4 which seeks consent for internal and
external alterations and additions including additional cleaner’s
storage and WC at upper basement level, reconfiguration of unit 31, changes
to external materials and finishes, provision of a communal WC within the
rooftop communal open space, and modifications to median strip requirements,
be approved in part, subject to the conditions within the draft notice of
determination provided at attachment 5.
Reasons for Decision:
The Panel agrees with the Planning Officer’s Report.
For: The Hon. Paul Stein AM (Chairperson) QC,
Larissa Ozog Chris Young and Paul Moulds
AM.
Against: Nil.
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ITEM LPP081/19 -
Section 4.56 application for 44-46 Pegler Avenue, South Granville
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1.
That the Development Application number 454/2017/B being a
Section 4.56 application for various modifications is approved subject to the
conditions set out in Attachment 1.
Reasons for Decision:
1. The Panel
agrees with the Planning Officer’s report and is of the view that the
height breach of the lift overrun should be supported.
For: The Hon. Paul Stein AM (Chairperson) QC,
Larissa Ozog Chris Young and Paul Moulds
AM.
Against: Nil.
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ITEM LPP082/19 -
Development Application for 284 - 288 Great Western Highway,
Wentworthville
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1. That
the Local Planning Panel approve the variation to the Development Standard
relating to building height as contained within Clause 4.3 of the Holroyd
Local Environmental Plan 2013 as the applicant’s Clause 4.6 objection
has adequately addressed the matters required to be demonstrated by Clause
4.6(3) and the development will be in the public interest because it is
consistent with the objectives of the Height Standard and the objectives of
the R4 High Density Residential zone.
2. That
Development Application 2019/285/1 for demolition of existing structures and
construction of a six storey residential flat building containing 49 units (6
x 1 bed/studio units, 39 x 2 bed units and 4 x 3 bed units) over a level of
basement car parking pursuant to State Environmental Planning Policy
(Affordable Rental Housing) 2009 be approved as a deferred commencement
consent, subject to the draft Conditions of Consent dated 10 December 2019 as
amended by the Panel.
3. The
deletion of Condition 14.
4. The
Amendment to Condition 13 to read as follows:
Amended plans
Amended plans are required to
the satisfaction of the Principal Certifying Authority prior to the issue of
the Construction Certificate, indicating the following changes:
a)
Deleted
b)
Deleted
c)
The balconies associated with Units 142, 143, 242 & 243 on Level 4
modified to have a minimum setback of 9m, as indicated in red on the approved
plans.
d)
Clothes drying facilities if provided on the balconies of units
be appropriately screened.
e)
The eastern and western walls of units; 115, 125, 135, 215, 225, 235
serving the kitchen shall be provided with non-openable highlight windows.The
eastern and western wall of units 143 and 243 serving the bathroom be
provided with highlight windows. The minimum sill height of those highlight
windows shall be 1.5 metres from internal finished floor level.
5. Persons
whom have lodged a submission in respect to the application be notified of
the determination of the application.
Reasons for Decision:
The Panel agrees with the Planning Officer’s
report and has added additional conditions of Consent to improve the planning
outcome of the development. The Panel has deleted Condition 14 as there is no
parallel parking.
For: The Hon. Paul Stein AM (Chairperson) QC,
Larissa Ozog Chris Young and Paul Moulds
AM.
Against: Nil.
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ITEM LPP083/19 -
Development Application for 11 Hilltop Road, Merrylands
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That DA 2019/227 for
alterations and fit out of an existing building to facilitate a 70 place
centre based child care centre at 11 Hilltop Road, Merrylands be refused for
the following reasons:
i.
The proposal fails to satisfy the objectives of Clause 5.10 of
the Holroyd Local Environmental Plan (LEP) 2013 in that the proposal does not
conserve the heritage significance of the item including associated fabric
setting and views.
ii.
The proposal fails to adequately consider and include the aims,
objectives and controls of the Conservation Management Plan prepared in 2013
by Edwards Planning.
iii.
The proposed development and use of the front garden for hardstand
parking and access and the transplanting of the phoenix palms will adversely
impact on the visual quality of the heritage item and its setting.
iv.
The proposed development fails to adequately take into account
the internal and external heritage fabric of the item.
v.
The proposal fails to adequately comply with the Holroyd
Development Control Plan 2013 (Parts A and I) in regard to location, parking
and access requirements.
vi.
The proposal is unsuitable for the site pursuant to section
4.15 (c) of the Environmental Planning and Assessment Act 1979.
vii.
The proposal fails to provide adequate plans and information
regarding the proposed scope of physical works and a lack of information in
regards to the ongoing maintenance and restoration of the heritage
item.
viii.
The proposed development will adversely affect the traffic
flows on Hilltop Road and increase potential congestion in the immediate
vicinity.
ix.
The proposed development includes a single point of ingress and
egress which will create the potential for adverse safety conditions
for pedestrians and vehicles on the site and adjacent street.
x.
The proposal fails to comply with the required unencumbered outdoor
space under State Environmental Planning Policy (Educational Establishments
and Childcare Facilities) 2017.
xi.
The Proposal is contrary to the public interest pursuant to
Section 4.15 (e) of the Environmental Planning and Assessment Act 1979.
That those persons who
made a submission be notified of the determination.
For: The Hon. Paul Stein AM (Chairperson) QC,
Larissa Ozog Chris Young and Paul Moulds
AM.
Against: Nil.
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The closed session of the
meeting here closed at 2:18p.m.
The open session of the meeting
here opened at 2:20p.m. The Chairperson delivered the Cumberland Local Planning
Panel’s resolutions to the Public Gallery.
The meeting terminated at 2:23p.m.
Signed:
The Hon. Paul Stein AM
Chairperson