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Agenda of Georges River Local Planning Panel (LPP) AGENDA - LPP Meeting: Georges River Local Planning Panel (LPP) Date: Thursday, 15 October 2020 Time: 4.00pm Venue: Council Chambers, Civic Centre, Hurstville Panel Members: Paul Vergotis (Chairperson) Helen Deegan (Expert Panel Member) John Brockhoff (Expert Panel Member) George Vardas (Community Representative) 1. On Site Inspections - 1.00pm – 3.30pm a) 70-78 Regent Street Kogarah b) 27-33 Nielsen Avenue Carlton c) 117 Stuart Street Blakehurst d) 14A Merriman Street Kyle Bay e) 2 Laycock Road Penshurst f) 14 Maple Street Lugarno Break - 3.30pm THIS IS A PRINTED COPY OF THE GEORGES RIVER COUNCIL BUSINESS PAPER. FOR THE OFFICIAL DOCUMENT PLEASE VISIT THE GEORGES RIVER WEBSITE: WWW.GEORGESRIVER.NSW.GOV.AU 2. Public Meeting – Consideration of Items 4.00pm – 6.00pm Public Meeting Session Closed - 6.00pm (Break – Light Supper served to Panel Members) Georges River Council – Local Planning Panel Thursday, 15 October 2020 Page 2 3. Reports and LPP Deliberations in Closed Session - 6.30pm LPP049-20 117 Stuart Street Blakehurst – DA2020/0247 20 - (Report by Senior Development Assessment Planner) LPP050-20 14 Maple Street Lugarno – DA2019/0645 (Report by Development Assessment Planner) LPP049 LPP051-20 27-33 Nielson Avenue Carlton – MOD2020/0084 (Report by Senior Development Assessment Officer) LPP052-20 14A Merriman Street Kyle Bay – DA2020/0098 (Report by Senior Development Assessment Planner) LPP053-20 2 Laycock Road Penshurst – DA2020/0607 (Report by Senior Development Assessment Officer) LPP054-20 70-78 Regent Street Kogarah – MOD2020/0144 (Report by Development Assessment Planner) 4. Confirmation of Minutes THIS IS A PRINTED COPY OF THE GEORGES RIVER COUNCIL BUSINESS PAPER. FOR THE OFFICIAL DOCUMENT PLEASE VISIT THE GEORGES RIVER WEBSITE: WWW.GEORGESRIVER.NSW.GOV.AU Georges River Council – Local Planning Panel Thursday, 15 October 2020 Page 3 REPORT TO GEORGES RIVER COUNCIL LPP MEETING OF THURSDAY, 15 OCTOBER 2020 20 - Development LPP Report No LPP049-20 DA2020/0247 Application No Site Address & Ward 117 Stuart Street Blakehurst LPP049 Locality Blakehurst Ward Proposed Development Demolition, tree removal, construction of a multi level dwelling house, in-ground swimming pool, front fencing, landscaping and site works Owners Gemaveld Pty Ltd Applicant MKD Architects Planner/Architect Planner: BMA Urban; Architect: MKD Architects Date Of Lodgement 19/06/2020 Submissions One submission Cost of Works $4,362,857 Local Planning Panel The proposal seeks a variation to the maximum FSR Criteria development standard that is greater than 10%. List of all relevant s.4.15 State Environmental Planning Policy No 55 - Remediation Of matters (formerly Land; State Environmental Planning Policy (Infrastructure) 2007; s79C(1)(a)) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004; State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017; Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment; State Environmental Planning Policy (Coastal Management) 2018; Draft Environment State Environmental Planning Policy; Draft Remediation of Land State Environmental Planning Policy; Kogarah Local Environmental Plan 2012; Draft Georges River Local Environmental Plan 2020; Kogarah Development Control Plan 2013 List all documents Architectural Plans, Massing Diagrams, Landscape Plan, Arborist submitted with this Report, Statement of Environmental Effects, Clause 4.6 Variation report for the Panel’s Request, Geotechnical Report consideration THIS IS A PRINTED COPY OF THE GEORGES RIVER COUNCIL BUSINESS PAPER. FOR THE OFFICIAL DOCUMENT PLEASE VISIT THE GEORGES RIVER WEBSITE: WWW.GEORGESRIVER.NSW.GOV.AU Report prepared by Senior Development Assessment Planner Recommendation That the application be refused in accordance with the reasons in this report. Summary of matters for consideration under Section 4.15 Have all recommendations in relation to relevant s4.15 matters Yes been summarised in the Executive Summary of the assessment report? Legislative clauses requiring consent authority satisfaction Yes Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed and relevant Georges River Council – Local Planning Panel Thursday, 15 October 2020 Page 4 recommendations summarised, in the Executive Summary of the assessment report? Clause 4.6 Exceptions to development standards 20 If a written request for a contravention to a development Yes - Clause 4.4A – - standard (clause 4.6 of the LEP) has been received, has it Exceptions to floor space been attached to the assessment report? ratio for residential accommodation in Zone R2 LPP049 Special Infrastructure Contributions Does the DA require Special Infrastructure Contributions Not Applicable conditions (under s7.24)? Conditions Have draft conditions been provided to the applicant for No – the application is comment? recommended for refusal Site Plan THIS IS A PRINTED COPY OF THE GEORGES RIVER COUNCIL BUSINESS PAPER. FOR THE OFFICIAL DOCUMENT PLEASE VISIT THE GEORGES RIVER WEBSITE: WWW.GEORGESRIVER.NSW.GOV.AU Subject site outlined in blue Executive Summary Proposal 1. Development consent is sought for demolition works, tree removal, and construction of a multi-level dwelling house, swimming pool, front fence, landscaping and site works. 2. Three trees are located in the front setback of the property, two Eucalyptus and one Angophora. The arborist report submitted with the application rates these trees as Category A: Important trees suitable for retention for more than 10 years and worthy of being a material constraint. All three trees are proposed for removal to accommodate the proposed driveway. Council’s consulting arborist does not support their removal. Georges River Council – Local Planning Panel Thursday, 15 October 2020 Page 5 3. The proposal fails to provide an adequate Clause 4.6 statement to support the necessity for the variation of the Kogarah Local Environmental Plan 2012 (KLEP) Floor Space Ratio (FSR) development standard. The proposal seeks to vary the applicable FSR of 20 0.28 (570.4sqm) seeking an FSR of 0.4:1 (825.3sqm) being a variation of 45%. - 4. The application is recommended for refusal. Site and Locality LPP049 5. The site is identified as Lot B in DP33563, known as 117 Stuart Street, Blakehurst. 6. The lot is a waterfront property and has a site area of 2,029sqm and a 15.24m frontage to Stuart Street. The local topography surrounding the site falls to the west toward the Georges River. The site has a change in levels from the street to the water of 35m. 7. Currently on the site is a two storey dwelling house with driveway access from Stuart Street. There is an excavated hardstand area with large retaining walls in the front setback, below street level. 8. A swimming pool is located in the rear yard and there are slip rails and a boat shed located adjacent to the bay. Access to the water from the existing dwelling is via a series of stairs and pathways. 9. The site contains a number of trees, both at the street frontage and on the land between the dwelling and the foreshore. The three trees located on the front setback are Category A trees and worthy of retention. Zoning and Permissibility 10. The site is zoned R2 - Low Density Residential under the provisions of Kogarah Local Environmental Plan 2012 Background 11. The Application was lodged on 19 June 2020. The Applicant was advised on 9 July 2020 that the proposed FSR variation of 45% would not be supported and it was suggested the application be withdrawn. The Applicant advised on 10 July 2020 that they would not be withdrawing the application. Reason for ReferralTHIS to IS A PRINTED the COPY OFLocal THE GEORGES RIVER Planning COUNCIL BUSINESS PAPER. FOR THEPanel OFFICIAL DOCUMENT PLEASE VISIT THE GEORGES RIVER WEBSITE: WWW.GEORGESRIVER.NSW.GOV.AU 12. This application is referred to the Georges River Local Planning Panel for determination as the proposal seeks consent for a variation of greater than 10% to the floor space ratio development standard of the Kogarah Local Environmental Plan 2012. Submissions 13. One submission was received at the close of the public notification period. Conclusion 14. Having regard to the matters for consideration under section 4.15(1) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment, the proposed Development Application DA2020/0247 for demolition works, tree removal, and construction of a multi-level dwelling house, swimming pool, front fence, landscaping and site works is recommended for refusal for the reasons referenced at the end of this report. Report in Full Georges River Council – Local Planning Panel Thursday, 15 October 2020 Page 6 PROPOSAL 15. Council is in receipt of an application seeking development consent for demolition works, tree removal, and construction of a multi-level dwelling house, swimming pool, front 20 fence, landscaping and site works. - 16. A detailed description of the proposal is as follows: LPP049 Demolition: the existing dwelling house, driveway, hardstand area, external staircases and swimming pool are to be demolished. Tree removal: three trees are proposed for removal from the front setback to accommodate the proposed driveway. Front Fence/Entry Feature: the proposal includes an access portico located on the front boundary and extending the width of the site frontage. The structure is of concrete construction and includes columns supporting a roof reaching a height of up to 3.1m. Landscaping and earthworks: landscaping is proposed to the site boundaries, within the internal courtyards and the area at the rear of the proposed dwelling. Significant earthworks are proposed to accommodate the lower levels of the proposed dwelling and to level the site to provide a flat lawn area at the rear of the dwelling. The site currently retains the natural topography of the land between the dwelling and the foreshore. The proposal involves excavation of up to 10m to accommodate the three lower levels of the dwelling, and cut and fill at the rear of the dwelling to create a flat landscaped private open space area ground level.
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