Independent Hearing and Assessment Panel Meeting

6 August 2013, 5:00pm

Independent Hearing and Assessment Panel 6 August 2013





PRESENT:   Hon David Lloyd, Chairperson, Eugene Sarich, Town Planning Expert, Steve Fermio, Environmental Expert and Susan Robinson, Community Representative


ALSO PRESENT:  Michael Mason, Executive Manager, Environmental Services, Rajiv Shankar, Manager, Development Assessment, May Li, Senior Town Planner and Kristy Wellfare, Town Planner





The Chairperson advised those present that the Meeting was being webcast.


The Panel convened at 5pm.  The public were invited into the chamber.


Independent Hearing and Assessment Panel ReportS


7 Chisholm Street, Greenwich




That pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grant approval for the development consent DA09/155 granted on the 15th January 2010 for the demolition and construction of a two storey dwelling house at 7 Chisholm Street, Greenwich to be amended in the following manner:-


A         Replace Condition 1 with the following:-


1.         (20) That the development be strictly in accordance with drawing number DA155-A01 to DA155-A07, inclusive, dated 22/6/13 by Kin S Chan, and drawing number 8132 DA 1, Rev. C, dated 6.10.09 by Vision Dynamics Pty Ltd, except as amended by the following conditions.


B         Insert Conditions 1A and 1B as follows:-


1A.      The maximum height of the development shall be reduced by not less than 250mm to an overall height of not greater than RL56.35. Internal ceiling arrangements may be amended accordingly.


1B.      The roof of the carport shall be amended to feature a curved roof form in keeping with the curved roof form of the dwelling house on the site.






S82A Review Report-15 Austin Street, Lane Cove




That pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel reaffirm the original decision and refuse the Section 82A Review of Determination application DA 12/133 for the demolition of an existing dwelling house and construction of a boarding house comprising 19 rooms on Lot 16, DP 529942 and known as 15 Austin Street, Lane Cove for the following reasons:-


1.         The proposed development fails to meet the aims of Lane Cove Local Environmental Plan 2009.




a).        The proposal fails to preserve and improve the existing character, amenity and environmental quality of the land.


b).        The proposed design is incompatible with the existing environmental character of the locality.


c).        The proposed design of the development would not have a sympathetic and harmonious relationship with adjoining development.


d).        The proposal fails to conserve a significant street tree.


2.         The proposal fails to meet the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009.




a)         The proposed development does not meet the parking requirements of the SEPP relating to the motor bike and bike cycle parking spaces.


b)         The proposed development is incompatible to the character of the existing development in relation to the build form, context and streetscape.


3.         The proposed design fails to meet the requirements of Lane Cove Development Control Plan.




a)         The proposed design does not meet the access and mobility requirements of the DCP in relation to the access to the outdoor common area and the number of the accessible rooms.


4.         The proposed development would create an adverse impact to the amenity of the adjoining properties.


a).        The proposed development would create over looking impact to the adjoining properties.


b).        The degree of the proposed excavation is excessive.


c).        The proposed building design would create an unacceptable visual impact to the streetscape.


5.         The proposed design fails to meet the provisions of Building Code of Australia.




a).        Accessibility.


b).        Car parking layout for the disabled car space, bike cycle parking spaces, and motor bike parking spaces.


c).        Fire safety.








The meeting closed at 6pm.



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