Independent Hearing and Assessment Panel Meeting
5 August 2014, 5:00pm
PRESENT: Hon David Lloyd, Chairman, Ms Lindsey Dey, Planning Expert, Mr David Johnson, Environmental Expert and Maria Linders, Community Representative
ALSO PRESENT: Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment and Ms May Li, Senior Town Planner
DECLARATIONS OF INTEREST: Nil
WEBCASTING OF COUNCIL MEETING
The Chairperson advised those present that the Meeting was being webcast.
Pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act, 1979, the development application for the alterations to an existing commercial building and change of use to a mixed use development comprising a boarding house with 10 rooms and a retail space, is refused and the original determination confirmed in the following manner:-
1. The proposal does not allow for any retail/commercial car parking provision (6 required) on the site and with the with the limited and restricted on street car parking being available, it will have a direct impact on the amenity of the locality.
2. The proposal fails to meet with objectives for onsite car parking for commercial development as required in Part D Clause 1.3 of the Lane Cove Development Control Plan 2010.
4. The proposal fails to meet with the provisions of Part D Clause 1.3 of the Lane Cove Development Control Plan 2010 particularly sub clauses b), j), m) and p.
5. The objectives for the R4 High Density Residential Zone as indicated in the Lane Cove Local Environmental Plan 2009 Part 2, is for high density residential land use activities with associated support facilities. It is considered that the continued use of part of the site for commercial/retail space does not complement the proposed boarding house and future residential land use and desired character for the locality.
6. A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control has not been provided with the application to enable the assessment of the construction program on the adjoining Pacific Highway and neighbouring road way system.
7. The proposed development is a mixed use development which is not permissible within the R4 zone.
8. The proposed development is not permissible in accordance with Clause 41(1)(d) of the Environmental Planning and Assessment Regulation 2000 which states:
“An existing use may, subject to this Division:
(d) be changed to another use, but only if that other use is a use that may be carried out with or without development consent under the Act.”
The Panel vote was unanimous.
The meeting closed at 5.35pm
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