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Minutes of the Development Control Committee Meeting held on Tuesday, 25 March 2008.
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PRESENT
Councillor Moscatt (Chair)
Councillors Betts, Clayton, Copeland, Kanak,
Kay, Main, Ridyard, Sloan, Strewe and Wakefield.
At the commencement of proceedings at 7.05pm, those present were as listed above.
D-0803.A
Apologies
There were no apologies received.
D-0803.D
Declarations of Interest
The Chair did not ask for Declarations of Interest.
D-0803.1
356-360 Oxford Street, Bondi Junction – Seven storey retail/commercial building with partial basement car park (DA 566/07)
Report dated 30 January 2008 from the Development and Building Unit.
MOTION / DECISION (Sloan / Wakefield)
That the application be deferred in accordance with the reasons contained in this report subject to the following additional reasons:
1. Adequate recess off the rear lane be provided to accommodate a vehicle standing off the laneway prior to entering the building through a security gate or roller door.
2. An ESD consultant to advise Council and applicant as to how the green wall is to be maintained.
3. An ESD consultant to advise on additional necessary ESD measures for the building.
4. The applicant to consider the original awning on the building in the design.
D-0803.2
487-491 Bronte Road, Bronte – Unit 11 – Review of proposal for footpath seating for 16 persons (DA615/2004)
Report dated 19 February 2008 from the Development and Building Unit.
MOTION / DECISION (Strewe / Sloan)
That the application be refused and Council reaffirms its previous decision not to agree to footpath seating in this location. The reasons for refusal are as follows:
1. Waverley DCP, Part E3 “footpath seating for restaurants”, is predicated on the premises being utilised as a restaurant/cafe with table service. The premises known as the “Fishy Bite” does not satisfy this objective. Whilst it is acknowledged that there is existing, very limited inside seating, this is primarily used by patrons awaiting take-away orders. The nature of the business is overwhelmingly that of a traditional take-away fish and chip shop. The business has never operated as a 'table service' establishment. The overwhelming majority of customers purchase take away fish and chips and related products and sit in the neighbouring park and picnic shelters. On busy days, there is a queue stretching out of the premises. The placement of tables and chairs would inevitably lead to conflict between patrons and pedestrians, thus compromising the other stated objective of the DCP to ensure that pedestrian and other traffic is not unduly obstructed. The IHAP report notes that “there may be some difficulty in containing patrons outside the “Fishy Bite” premises.”
2. The proposed placement of the tables and chairs, will have an adverse impact upon the amenity of the residential properties within the building known as 487-491 Bronte Road. There already exists a problem for residents in this mixed use building as a result of the neighbouring cafe (with outdoor seating) and patrons awaiting the take away service. It is contrary to the intent of the DCP to permit outdoor seating which would only serve to intensify existing residential disamenity.
3. The proposed access to the toilet facility situated on the eastern side of the block and accessed through the food preparation area and along the side “service entry” is considered inadequate and its expanded use is likely to have a detrimental impact on the residential occupants of the building. Council officers have further noted that the premises do not comply with the BCA in relation to the provision of sanitary facilities. There seems no good reason to vary this basic requirement for the sole benefit of the applicant.
4. The designated area for “footpath seating” in the Bronte Beach strip shopping area does not extend to the area in front of shop 1, the premises known as “Fishy Bite”. Council, in determining the extent of the area designated as available for footpath seating, specifically excluded the area in front of shop no. 1 (the “Fishy Bite”) in order not to interfere with residential and public amenity. It should be noted that the designated area at the western end of the strip also has a substantial separation distance between that outdoor seating and the adjacent residential property.
5. The floor area of the premises “Fishy Bite” does not permit adequate area for suitable garbage and recycling facilities. The plans supplied by the applicant (drawing no. SK 1) fail to identify where adequate waste management facilities are to be located. From the floor plan, there is no provision for waste management within the premises. The waste storage indicated is situated on the southern side of the building at the rear. An increase in patronage and waste likely to be generated on site, as compared to existing “take away”, will have an adverse impact on the residential properties within this mixed development.
6. In accordance with s79C(1)(e) of the EP&A Act, Council, in taking all of the factors into consideration, considers that the application is not in the public interest.
D-0803.3
Cnr Napier & Blake Streets, Dover Heights – Stratum Subdivision creating two lots (DA383/07)
Report dated 20 February 2008 from the Development and Building Unit.
MOTION / DECISION (Betts / Kay)
That the application be approved in accordance with the conditions contained in this report subject to the following additional condition:
1. The rear underground carpark located below the playground of the school must be open and made available for parking for attendees during functions and special events conducted in the shule.
THE MOTION WAS PUT AND DECLARED CARRIED ON A SHOW OF HANDS 9/2
D-0803.4
34 Dellview Street, Tamarama – Demolition of existing three storey flat building containing six units and construction of three four-storey attached townhouses with basement level parking (DA 317/2007)
Report dated 21 February 2008 from the Development and Building Unit.
MOTION / DECISION (Ridyard / Betts)
That the application be deferred to the next Council Inspection Meeting scheduled to be held on Saturday, 5 April 2008.
D-0803.5
39 Flood Street, Bondi – Change of Use from boarding house to single dwelling house (DA 16/07)
Report dated 8 March 2008 from the Development & Building Unit.
MOTION / DECISION (Ridyard / Betts)
That the application be approved in accordance with the conditions contained in this report.
THE MOTION WAS PUT AND DECLARED CARRIED ON A SHOW OF HANDS 8/3
D-0803.6
14 Botany Street, Bond Junction – Demolition of an existing boarding house and the construction of a new boarding house (DA 47/2007)
Report dated 11 October 2007 from the Development & Building Unit.
MOTION (Strewe / Betts)
That the application be approved in accordance with the conditions contained in this report subject to the footpath down the side is to be of sound absorbing material.
AMENDMENT (Main / Kanak)
The Motion be adopted subject to the front fence being at least 50% transparent and no more than 1200mm high in accordance with the DCP.
THE AMENDMENT WAS PUT AND DECLARED LOST.
THE MOTION WAS THEN PUT AND DECLARED CARRIED.
DECISION: That the Motion be adopted.
D-0803.7
164-166 Hastings Parade, Bondi – Demolition of existing semi detached dwellings and construct a new dwelling with garages (DA 285/06)
Report dated 17 March 2008 from the Development & Building Unit.
MOTION / DECISION (Clayton / Wakefield)
That the application be deferred to the next Council Inspection Meeting scheduled to be held on Saturday, 5 April 2008.
D-0803.8
66 Ocean Street, Bondi – Section 82A Review of refusal for retrospective consent to formally use an existing vehicle hardstand in the front yard area and a construct vehicle crossing (DA361/2007)
Report dated 8 March 2008 from the Development & Building Unit.
MOTION / DECISION (Copeland / Sloan)
That:
1. The application be refused in accordance with the reasons contained in this report.
2. Council not serve an order at this point in time to reinstate the wall.
D-0803.9
30 Boonara Avenue, Bondi – Section 82A Review for refusal of an amended application to construct a hardstand carspace with wheel strips and new front fence (DA 232/2006)
Report dated 5 October 2007 from the Development and Building Unit.
MOTION (Betts / Ridyard)
That the application be deferred to the next Council Inspection Meeting scheduled to be held on Saturday, 5 April 2008.
THE MOTION WAS PUT AND DECLARED LOST ON A SHOW OF HANDS 5/6
A FURTHER MOTION WAS MOVED, SECONDED AND DECLARED CARRIED:
MOTION / DECISION (Wakefield / Copeland)
That the application be refused in accordance with the reasons contained in this report.
D-0803.10
86 Roscoe Street, Bondi Beach – Hardstand car space within the front yard of the existing semi detached dwelling (DA 668/07)
Report dated 20 February 2008 from the Development and Building Unit.
MOTION / DECISION (Clayton / Betts)
That the application be deferred to the next Council Inspection Meeting scheduled to be held on Saturday, 5 April 2008.
D-0803.11
26 View Street, Queens Park – Alterations & additions to a semi-detached dwelling including a garage
Report dated 8 March 2008 from the Development and Building Unit.
MOTION / DECISION (Sloan / Main)
That the application be deferred to the next Council Inspection Meeting scheduled to be held on Saturday, 5 April 2008.
D-0803.12
134 Military Road, Dover Heights – Section 96 Modification for alterations and additions to dwelling (DA 528/2007)
Report dated 6 March 2008 from the Development and Building Unit.
MOTION / DECISION (Moscatt / Kay)
That the application be deferred at the request of the applicant.
D-0803.13
499 Bronte Road, Bronte – Section 96 Modification for new stairs (DA 496/2005)
Report dated 9 February 2005 from the Development and Building Unit.
MOTION / DECISION (Betts / Clayton)
That the application be approved in accordance with the conditions contained in this report.
D-0803.14
1 Hardy Street, North Bondi – New deck and lattice screen (DA557/2007)
Report dated 12 March 2008 from the Development and Building Unit.
MOTION / DECISION (Betts / Kay)
That:
1. The application be refused for the following reasons:
(a). The proposed development is considered contrary to Council’s DCP 2006 – Part D1 Dwelling House and Dual Occupancy Development in respect to Section 5.6.1 – Privacy and Noise Impacts. The size and depth of the elevated outside deck does not meet the requirements and objectives of the DCP as follows:
(i) The objectives of the DCP are that people can not easily look into other dwellings or neighbours open space.
(ii) The objectives are also that noise generation and loss of privacy arising from the use of terraces or decks should be minimised.
2. Council serves an Order for the demolition of the deck.
D-0803.15
106 Glenayr Avenue, Bondi Beach – Provide outdoor seating (FPS 44/2007)
Report dated 12 March 2008 from the Development and Building Unit.
MOTION / DECISION (Wakefield / Strewe)
That the application be deferred to the next Council Inspection Meeting scheduled to be held on Saturday, 5 April 2008.
THE MOTION WAS PUT AND DECLARED CARRIED ON A SHOW OF HANDS 6/5
D-0803.16
Bondi Pavilion, Queen Elizabeth Drive – Surfish Café – Outdoor seating and installation of umbrellas within the forecourt of the Heritage Item (DA 120/2007)
Report dated 12 March 2008 from the Development & Building Unit.
MOTION / DECISION (Clayton / Sloan)
That the application be deferred to the next Council Inspection Meeting scheduled to be held on Saturday, 5 April 2008.
D-0803.RM SUBMISSION OF RESCISSION MOTIONS
Note from the General Manager: Rescission motions must be submitted to the General Manager, or in the absence of the General Manager a member of Council's Governance Unit, and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motions.
Rescission motions received before the close of a meeting will stay action to implement Council's decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council's Code of Meeting Practice.
Rescission motions received after the close of a meeting will not stay action on implementing Council's decision.
Rescission motions will generally be dealt with at the next Council meeting.
The Chair did not call for the submission of any rescission motions.
THE MEETING CLOSED AT 8.01pm
SIGNED & CONFIRMED MAYOR
15 APRIL 2008
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