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Lane Cove Local Planning Panel Meeting

4 February 2020



Lane Cove Local Planning Panel 4 February 2020





PRESENT:                                          Hon David Lloyd, Chairman, Mr Eugene Sarich, Expert Town Planner, Mr Steve Fermio, Environmental Expert and Ms Jane Blackmore, Community Representative


ALSO PRESENT:                              Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager Development Assessment, Mr Henry Burnett, Senior Town Planner and Ms Angela Panich, Panel Secretary





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


Lane Cove Local Planning Panel Reports


72 Burns Bay Road, Lane Cove




That pursuant to section 4.55(2) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel at its meeting of 4 February 2020 exercising the functions of the Council as the consent authority modifies the consent to Development Application No. 136/2015 on land known as 72 Burns Bay Road, Lane Cove, subject to the following:


A.         The replacement of condition 2 with the following:


2.         The maximum number of children on-site any one time is regulated as follows:


(a)  The number of children on-site at any one time is not to exceed 105.

(b)  Notwithstanding (a) above, the number of children on-site at any one time is not to , exceed 120, for a trial period of 12 months, expiring 4 February 2021.


B.         The addition of the following conditions:


73A.     Amplified Noise Sources. When amplified music devices,  public address systems or audible intercoms are used, they are only to be operated within the child care centre building (s) with windows and doors closed. Sound from these devices is not to exceed 5dBA above background noise when measured at the property boundary.


104A.   Plan of Management. Compliance with the Plan of Management prepared by Stantec dated 24 September 2019 including implementation of the ‘Strategy for New Enrolment’ and the ‘Green Travel Plan’.


121.     Any application to continue the Centre as a 120 child facility must be made prior to the expiry of the 12 month trial commencing on the date of this letter.


Panel Reasons


The Panel supports the findings contained in the Assessment Report and endorses the reasons for the approval contained in that Report.



The decision of the Panel was unanimous



47 Mindarie Street, Lane Cove North




The Panel disagrees with the findings contained in the Assessment Report and resolves that the application be refused for the following reasons:


1.               The proposed development fails to satisfy the requirements of Clause 30A of SEPP (ARH) 2009 in that it will neither be compatible with nor in harmony with the character of the local area.  In particular, a 6 storey building with a 3 metre side set-back is entirely inconsistent with, that is, not in harmony with, the character of the local area.


2.               The extension of the basement slab to the side boundaries severely limits the ability to provide the appropriate tree canopy and screen planting between the proposed building and the side boundaries, contrary to Clause 30A of the SEPP.


3.               The Lane Cove Local Planning Panel exercising the function of the Council as the consent authority, pursuant to Section 4.6 of the EP&A Act 1979, does not approve the variation to the height of buildings development standard prescribed by the plan, as it is not satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated by Clause 4.6 of that plan, and the proposed development would not be in the public interest because it is not consistent with the objectives of that particular standard and the objectives for development in the zone, and the development does not provide a better planning outcome than the otherwise complying development.


Additional Comments


The Panel accepts that the site may be developed with a boarding house.  The question is whether or not the site is reasonably capable of supporting a development of the intensity proposed while responding appropriately to the local character.  The local character includes larger residential flat buildings, however the visual impact of these buildings is ameliorated by 6 metre side setbacks with generous soft landscaping.


A development with a lesser number of boarding rooms will reduce the area of the basement and in turn allow for increased soft landscaping to the perimeter of the development and be more in harmony with the character of the local area.



The decision of the Panel was unanimous



The meeting closed at 6.30pm





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