Independent Hearing and Assessment Panel Meeting
5 April 2016, 5:00pm
Independent Hearing and Assessment Panel 5 April 2016
Minutes
PRESENT: Hon David Lloyd, (Chairman), Mr Trevor Bly, Planning Expert, Mr David Johnson, Environmental Expert and Ms Susan Robinson, Community Representative
ALSO PRESENT: Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Mr Andrew Thomas, Town Planner, Mr Peter Walker, Town Planner and Angela Panich, Panel Secretariat
DECLARATIONS OF INTEREST: Nil
WEBCASTING OF COUNCIL MEETING
The Chairperson advised those present that the Meeting was being webcast.
Independent Hearing and Assessment Panel Reports
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That pursuant to section 80(1)(a) of the Environmental Planning and Assessment Act 1979, as amended, the Independent Hearing and Assessment Panel grants consent to Development Application 179/15 for a change of use to tattoo machine manufacturing/assembly and merchandising on Lot 33 SP 83285 and known as 402/27 Mars Road, Lane Cove West subject to the following conditions:
Plans
1. (20) That the development be strictly in accordance with undated sheets 1 - 3, except as amended by the following conditions.
Specific
2. Commercial tattooing of any kind on these premises is prohibited.
3. Retail sales to the public are prohibited on site.
4. The hours of operation being limited to between:
· 9.00 am and 5.00pm weekdays, and · 10.00am and 3.00 pm on Saturdays. · No work is allowed on Sundays or public holidays.
5. Two car spaces are to be allocated to the use at all times.
6. A certificate from a professional engineer certifying that the Fire Resistance Levels of the floor and walls bounding the sole occupancy unit comply with its classification under the Building Code of Australia is to be provided to the certifying authority prior to the issue of an Occupation Certificate.
7. A certificate from a professional engineer certifying the structural capacity of the building is appropriate for the use is to be provided to the certifying authority prior to the issue of a Construction Certificate.
8. The sole occupancy unit and the adjoining common terrace are to be accessible in accordance with AS 1428.1 - 2009.
General
9. (17) An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the unit.
10. (37) The use shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.
11. (132) It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.
Environmental Health
12. (433) Garbage collection – Industrial
Liquid and solid wastes generated by the use shall be collected, transported and disposed of in accordance with the Protection of the Environment Operations Act 1997. Records shall be kept of all waste disposal from the premises.
Waste and recycling material, generated by the premises, must not be collected between the hours of 10pm and 6am on any day.
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The decision of the Panel was split, 3 For and 1 Against |
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That pursuant to section 80(1)(b) of the Environmental Planning and Assessment Act 1979, the Independent Hearing and Assessment Panel defer the application at the applicant’s request to enable further information to be furnished. |
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The decision of the Panel was unanimous. |
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That pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel agreed to defer the application to enable the applicant to lodge an objection under Clause 4.6, without which the application cannot be approved and to enable the submission of amended plans that seek to address the issues raised by the Panel.
Upon assessment by Council a Supplementary Report would be furnished to the Panel. |
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The decision of the Panel was unanimous. |
The meeting closed at 7.45 pm.
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