Independent Hearing and Assessment Panel Meeting
5 December 2017, 5:00pm
Notice of Meeting
Dear Panel Members,
Notice is given of the Independent Hearing and Assessment Panel Meeting, to be held in the Council Chambers, 48 Longueville Rd, Lane Cove on Tuesday 5 December 2017 commencing at 5:00pm. The business to be transacted at the meeting is included in this business paper.
The Independent Hearing and Assessment Panel (IHAP) meeting is chaired by The Hon David Lloyd QC. The meetings and other procedures of the Panel will be undertaken in accordance with the Lane Cove Independent Hearing & Assessment Panel Charter and any guidelines issued by the General Manager.
The order of business is listed in the Agenda on the next page. That order will be followed unless the Panel resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.
Members of the public may address the Panel for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons wishing to address the Panel must register prior to the meeting by contacting Council’s Office Manager – Environmental Services on 9911 3611. Speakers must address the Chair and speakers and Panel Members will not enter into general debate or ask questions during this forum. Where there are a large number of objectors with a common interest, the Panel may, in its absolute discretion, hear a representative of those persons.
Following the conclusion of the public forum the Panel will convene in closed session to conduct deliberations and make decisions. The Panel will announce each decision separately after deliberations on that item have concluded. Furthermore the Panel may close part of a meeting to the public in order to protect commercial information of a confidential nature.
Minutes of IHAP meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm on the Friday following the meeting. If you have any enquiries or wish to obtain information in relation to IHAP, please contact Council’s Office Manager – Environmental Services on 9911 3611.
Please note meetings held in the Council Chambers are Webcast. Webcasting allows the community to view proceedings from a computer without the need to attend the meeting. The webcast will include vision and audio of members of the public that speak during the Public Forum. Please ensure while speaking to the Panel that you are respectful to other people and use appropriate language. Lane Cove Council accepts no liability for any defamatory or offensive remarks made during the course of these meetings.
The audio from these meetings is also recorded for the purposes of verifying the accuracy of the minutes and the recordings are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.
DECLARATIONS OF INTEREST
NOTICE OF WEBCASTING OF MEETING
Members of the public may address the Panel to make a submission.
1. INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING - 7 NOVEMBER 2017
Independent Hearing and Assessment Panel Reports
2. Supplementary Report - 30-32 Mindarie Street, Lane Cove North
Record No: DA17/86-01 - 71649/17
Division: Environmental Services Division
Author(s): Diep Hang
30-32 Mindarie Street, Lane Cove North
(Lots 49 & 50 in DP135865)
23 June 2017
Cost of Work:
Mindarie 3 Pty Ltd
Landmark Group Australia
Reason for Supplementary Report
Council commissioned an independent valuation critique to determine whether a genuine and reasonable attempt has been made by the Applicant to purchase the isolated properties (28 Mindarie Street and 34 Mindarie Street) based on fair market value, in accordance with Part B3 Site Amalgamation and Development of Isolated Sites of LCDCP 2010.
The independent valuation critique was received upon publication of the assessment report and is available to the Panel.
Provision (c) of Part B3 Site Amalgamation and Development of Isolated Sites of LCDCP 2010 states the following:
(c) Where no satisfactory result is achieved from the negotiations, the DA should include details of the negotiations between the owners of the properties. Appropriate documentary evidence to demonstrate that a genuine and reasonable attempt has been made to purchase an isolated site based on a fair market value. At least 1 independent valuation is to be submitted as part of the evidence and is to account for reasonable expenses likely to be incurred by the owner of the isolated site in the sale of the property.
The critique highlights the two (2) key components for assessment to establish whether the Applicant has adequately satisfied provision (c):
i. Genuine and reasonable attempt; and
ii. Fair market value.
Genuine and reasonable attempt:
The critique references Melissa Grech v Auburn Council  NSWLEC 40, which sets out that a reasonable offer is to be based on at least one recent independent valuation and may include other reasonable expenses likely to be incurred by the owner of the isolated property, in the sale of the property. This is consistent with provision (c).
· The Applicant has obtained an independent valuation for each isolated property from NSW Valuation Services, dated 1 December 2016.
· The Applicant has also offered $150,000.00 in excess of the valuation amount noted in each report for both properties.
In this regard, the critique has concluded that the Applicant has satisfied component (i) with respect to making a genuine and reasonable attempt to purchase the isolated properties, and has accorded for reasonable expenses likely to be incurred by the owner of the isolated site in the sale of the property.
Fair market value
“Fair market value” is not defined within Council’s Policies or relevant planning legislation.
The critique utilises the definition of ‘market value’ and ‘fair value’ adopted and published within the Valuation and Property Standards to identify whether an offer to purchase the isolated properties by the Applicant was made based on fair market value.
Having regard to both definitions, it is concluded that the Applicant would need to attempt to purchase the isolated sites based on market value.
The critique concludes that the offer made by the Applicant to purchase the isolated sites was not based on fair market value for the following reasons:-
· The valuation reports for both isolated sites did not take into account the existing zoning being R4 High Density Residential, which permits a maximum FSR of 1.8:1 and maximum building height of 17.5m;
· The valuations of both isolated sites are prepared on the basis that the highest and best use of 28 Mindarie Street and 34 Mindarie Street is a single residence only; and
· Sales evidence considered in each valuation report has regard to 4 sales of properties zoned R2 Low Density Residential and E4 Environmental Living, with the exception of one sale being 12 Mindarie Street, which is zoned R4 High Density Residential.
- The valuation amount concluded for both isolated sites is less than the sale price of 12 Mindarie Street, which was sold on 22 September 2016, two months prior to the date of both valuation reports.
Furthermore, the critique concludes that the Applicant’s offer to purchase both isolated sites is neither within market parameters nor supported by recent market sales evidence which occurred prior to the date of the valuation and offer.
The Applicant has made a genuine and reasonable offer to purchase the two isolated properties. However, the offer made by the Applicant to purchase both isolated sites is considered contrary to provision (c) of Part B3 Site Amalgamation and Development of Isolated Sites of LCDCP 2010, as it is not based on fair market value.
1. That the independent valuation critique be considered by the Panel; and
2. That the recommendation for refusal of the proposed development stands.
Environmental Services Division
There are no supporting documents for this report.