Minutes of Cumberland Local Planning Panel Meeting

Cumberland Local Planning Panel Meeting

9 April 2025

Minutes of the Cumberland Local Planning Panel Meeting held via Electronic Determination on Wednesday, 9 April 2025.

Michael Leavey	Chairperson
Linda Kelly	Expert Member
Sue Weatherley	Expert Member
Michael Northey	Community Member

In Attendance:

Jai Shankar	Executive Manager City Planning and Development
Michael Lawani	Coordinator Major Development Assessment
Esra Calim	Coordinator Planning Operations
Bhavisha Sheth	Coordinator Fast Track Development Assessment
Roy Wong	Senior Development Planner
Faisal Halla	Senior Development Planner
Elizabeth Chan	Senior Development Planner
Godfred Ankrah	Development Planner
Paulette Maroon	Governance Officer (Minute Taker)

The meeting opened at 11.40am.

Declarations Of Interest:

There were no declarations of interest.

ITEM ELPP004/25 - Modification Application - 127-129 Great Western Highway, Mays Hill

panel decision:

That Modification Application No. MOD2024/0427 for Section 4.55(2) modification seeking changes to the approved mixed use development approved under the Affordable Rental Housing SEPP 2009 including increase in building height, modification to internal layout and amendment to external façade on all levels on land at 127-129 Great Western Highway, Mays Hill NSW 2145 be approved subject to conditions recommended in the Council’s assessment report.

Reasons for Approval – Modification

1. The Panel generally concurs with the Planning Officers report subject to the attached conditions within the report.

2. The Panel is satisfied that the development, as modified, is substantially the same development for which consent was originally granted.

3. The Panel is satisfied that the contravention of the building height development standard is minor, that compliance with the standard is unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify contravening the development standard.

4. The development, as modified, is consistent with the objectives of the height of buildings control under Clause 4.3 of the Cumberland Local Environmental Plan 2021.

5. The Panel is satisfied that the development as modified will not have any unreasonable impacts on the amenity of neighbouring properties or the locality.

For: Michael Leavey (Chairperson), Linda Kelly, Sue Weatherley and Michael Northey

Against: Nil.

ITEM ELPP005/25 - Development Application - 8 - 12 Good Street, Westmead

panel decision:

1. That the Clause 4.6 variation request to contravene the Clause 19(2)(b) landscaped area development standard, pursuant to State Environmental Planning Policy (Housing) 2021, be supported.

2. That Development Application No. DA2024/0452 for Alterations and additions to a mixed-use development approved under DA2023/0320 to introduce an additional residential level to provide 4 new apartment units including revision of floor layouts, parking and provision of infill affordable housing pursuant to State Environmental Planning Policy (Housing) 2021 on land at 8-12 Good Street, Westmead be Approved subject to conditions listed in Council’s assessment report.

3. Persons whom have lodged a submission in respect to the application be notified of the determination of the application.

Reasons for Approval

1. The Panel generally concurs with the Planning Officer’s report subject to the attached conditions within the report.

2. The Panel is satisfied that the applicant’s written request to contravene the Development Standard relating to landscaped area as contained within Clause 19(2)(b) of State Environmental Planning Policy (Housing) 2021 has adequately addressed the matters required to be demonstrated by Clause 4.6 (3) and has demonstrated that:

(a) compliance with the standard is unreasonable and unnecessary in the circumstances of the case, and

(b) there are sufficient environmental planning grounds to justify the contravention

3. The development is generally consistent with the objectives of the R4 High Density Residential zone of the Cumberland Local Environmental Plan 2021 and also consistent with State Environmental Planning Policy (Housing) 2021 and the Apartment Design Guide.

4. The Panel has considered the matters raised in the written submission and has determined that these matters have either been adequately addressed in the design of the development or where not specifically addressed are not of such weight as to warrant refusal of the application.

5. Subject to the recommended conditions of consent, the proposal will not have any unreasonable impacts on the amenity of neighbouring properties or the locality.

For: Michael Leavey (Chairperson), Linda Kelly, Sue Weatherley and Michael Northey

Against: Nil.

ITEM ELPP006/25 - Development Application - 18 Main Avenue, Lidcombe

panel decision:

1. That the Clause 4.6 variation request to contravene the Clause 4.4 Floor Space Ratio development standard, pursuant to the Cumberland LEP 2021, be supported.

2. That Development Application No. DA2024/0598 for Integrated development application for alterations and additions to the existing place of public worship to extend the basement level to provide an indoor dining room, a storage room, amenities and three new pedestrian access doors on land at 18 Main Avenue Lidcombe be Approved subject to conditions recommended in the Council’s assessment report and with an amendment to condition 62 to read:

62. Removal of outdoor dining area

Any furniture/structures related to the current outdoor dining area facing Sussex Street shall be removed in its entirety and the area shall not be used for any outdoor dining.

(Reason: The intent of the subject DA is to relocate the outdoor dining area to be within the confines of the church building)

Reasons for Approval

1. The Panel generally concurs with the Planning Officer’s report subject to the attached conditions within the report.

2. The Panel is satisfied that the applicant’s written request to contravene the Development Standard relating to Floor Space Ratio as contained within Clause 4.4 of the Cumberland Local Environmental Plan 2021 has adequately addressed the matters required to be demonstrated by Clause 4.6 (3) and has demonstrated that:

(a) compliance with the standard is unreasonable and unnecessary in the circumstances of the case, and

(b) there are sufficient environmental planning grounds to justify the contravention

3. The development is generally consistent with the objectives of the R3 Medium Density Residential zone and the heritage conservation provisions of the Cumberland Local Environmental Plan 2021.

4. Subject to the recommended conditions of consent, the proposal will not have any unreasonable impacts on the amenity of neighbouring properties or the locality.

For: Michael Leavey (Chairperson), Linda Kelly, Sue Weatherley and Michael Northey

Against: Nil.

ITEM ELPP007/25 - Development Application - 42 Myall Street, Auburn

panel decision:

1. That the Clause 4.6 variation request to vary the Clause 53(2)(b) development standard, pursuant to State Environmental Planning Policy (Housing) 2021, be supported.

2. Development Application No. DA2024/0750 for construction of a secondary dwelling with attached storage for the principal dwelling at rear on land at 42 Myall Street AUBURN NSW 2144 be Approved subject to conditions listed in the Council Assessment Report, with the following amended conditions:

6. DACCA01 – Amendment to Approved Plans

Amended plans/documents shall be submitted to the Council or Registered Certifier prior to the issue of a Construction Certificate addressing the following matters:

(a) a pedestrian access (between the northern corner of the primary dwelling and the side boundary fence) and path on the northern side of the primary dwelling to provide pedestrian access to the secondary dwelling.

(b) the doorway between the porch area and the storage area is to be removed.

63. DAOUZ01 – Use of Storage

The storage area is for use by the principal dwelling only and shall not be used for habitable purposes at anytime. No cooking facility shall be installed in the storage throughout the lifetime of the development.

(Reason: To ensure compliance with the maximum total dwelling floor area for a secondary dwelling under SEPP (Housing) 2021).

Reasons for Approval

1. The applicants written request to contravene the Development Standards relating to the number of parking spaces provided on site as contained in Clause 53(2)(b) of State Environmental Planning Policy (Housing) 2021 has adequately addressed the matters required to be demonstrated by Clause 4.6 (3) and has demonstrated that:

(a) compliance with the standard is unreasonable and unnecessary in the circumstances of the case, and

(b) there are sufficient environmental planning grounds to justify the contravention

2. The proposed development is consistent with the objectives of the Cumberland Development Control Plan CDCP 2021.

3. Subject to the recommended conditions of consent, the proposal will not have unreasonable impacts on the amenity of neighbouring properties or the locality.

4. Taking into account the reasons above, approval of the application would be in the public’s interest.

For: Michael Leavey (Chairperson), Linda Kelly, Sue Weatherley and Michael Northey

Against: Nil.

ITEM ELPP008/25 - Development Application - 13 New Street West & 1 William Street, Lidcombe

panel decision:

1. That the Clause 4.6 variation request to contravene the Clause 4.1 - minimum subdivision lot size development standard, pursuant to the Cumberland LEP 2021, be supported.

2. Development Application No. DA2024/0652 for boundary adjustment to subdivide land into two lots on land at 13 New Street West and 1 William Street LIDCOMBE NSW 2141 be approved subject to conditions recommended in the Council’s assessment report.

Reasons for Approval

1. The Panel is satisfied that the applicant’s written request to contravene the Development Standard relating to minimum subdivision lot size as contained within Clause 4.1 of the Cumberland Local Environmental Plan 2021 has adequately addressed the matters required to be demonstrated by Clause 4.6 (3) and has demonstrated that:

(a) compliance with the standard is unreasonable and unnecessary in the circumstances of the case, and

(b) there are sufficient environmental planning grounds to justify the contravention

The development is generally consistent with the objectives of the E4 General Industrial zone of the Cumberland Local Environmental Plan 2021.

Subject to the recommended conditions of consent, the proposal will not have any unreasonable impacts on the amenity of neighbouring properties or the locality.

Taking into account reasons above, approval of the application will be in the public interest.

For: Michael Leavey (Chairperson), Linda Kelly, Sue Weatherley and Michael Northey

Against: Nil.

The meeting terminated at 1.00pm.

Signed:

Chairperson