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Minutes of the Development Control Committee Meeting held on Tuesday, 27 May 2008.
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PRESENT
Councillor Moscatt (Chair)
Councillors Betts, Clayton, Copeland, Kanak,
Kay, Newhouse, Ridyard Sloan, Strewe and Wakefield
At the commencement of proceedings at 7.03pm those present were as listed above.
D-0805.A
Apologies
Apologies were received and accepted from Cr. Main.
D-0805.DI
Declarations of Interest
The Chair did not ask for Declarations of Interest.
The following Declarations of Interest were received:
1. Cr Kanak declared a non-pecuniary interest in Item D-0805.8 – No.10 Gipps Street, Bronte – Alterations and additions to existing heritage dwelling and new swimming pool (DA 423/2007).
2. Cr Copeland declared a non-pecuniary interest in Item D-0805.8 – No.10 Gipps Street, Bronte – Alterations and additions to existing heritage dwelling and new swimming pool (DA 423/2007).
3. All Councillors and staff declared a non-pecuniary interest in Item D-0805.2 – No. 1A Sandridge Street, Bondi – Demolish existing residential flat building and erect five storey residential flat building with basement parking (DA 625/2007). The immediate property to the south is part owned by a current Planning & Environmental Services staff member.
4. Cr Betts declared a non-pecuniary interest in Item D-0805.18 – No.18 Simpson Street, Bondi – Section 96 modification to amend condition to place protected tenant in the unit secured for bonus FSR (DA 624/2004/A). Cr Betts informed the meeting that she lives in Simpson Street.
5. Cr Newhouse declared a non-pecuniary interest in Urgent Business Item D-0805.21.1 - Application in the Licensing Court of NSW for increased hours by the Robin Hood Hotel, Charing Cross (A08/0576).
D-0805.1
93-99 Bronte Road, Bondi Junction – Mixed Development with Multi Unit Housing (DA149/2007)
Report dated 15 May 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.
Cr Sloan was not present at, or in sight of, the meeting at any time during which the matter was considered or voted on by the Committee.
D-0805.2
1A Sandridge Street, Bondi – Demolish existing residential flat building and erect five storey residential flat building with basement parking (DA 625/2007)
Report dated 15 April 2008 from the Development and Building Unit.
MOTION / DECISION (Betts / Clayton)
That
1. The application be refused in accordance with the reasons contained in this report.
2. If the applicant submits a new development application for this site, then Council engages the same independent assessor for the application and that that person does the pre DA Conference.
All Councillors and staff declared a non-pecuniary interest in this Item as the immediate property to the south is part owned by a current Planning & Environmental Services staff member.
D-0805.3
24 Fletcher Street, Bondi – Alterations and additions to dwelling house (DA 700/2007)
Report dated 15 May 2008 from the Development and Building Unit.
MOTION / DECISION (Ridyard / Strewe)
That the application be approved in accordance with the conditions contained in this report.
D-0805.4
Twenty–five locations within Waverley – Third party advertising panels on telephone booths (DA333/2006, DA332/2006, DA323/2006, DA334/2006, DA331/2006, DA322/2006, DA286/2007, DA292/2007, DA330/2006, DA295/2007, DA326/2006, DA291/2007, DA288/2007, DA289/2007, DA290/2007, DA287/2007, DA327/2006, DA294/2007, DA293/2007, DA337/2006, DA296/2007, DA335/2006, DA0320/06, DA336/2006, DA0321/06)
Report dated 27 February 2008 from the Development and Building Unit.
MOTION / DECISION (Clayton / Strewe)
That the application be refused in accordance with the reasons contained in this report.
D-0805.5
Bronte Park, Bronte Road, Bronte – Construction of a terraced viewing area with associated landscaping (DA 333/2007)
Report dated 14 April 2008 from the Development and Building Unit.
MOTION (Strewe / Sloan)
That the application be approved in accordance with the conditions contained in this report subject to the deletion of the seat.
FORESHADOWED MOTION (Betts / Ridyard)
That the application be approved in accordance with the conditions contained in this report.
THE MOTION WAS PUT AND DECLARED LOST.
THE FORESHADOWED MOTION NOW BECAME THE SUBSTANTIVE MOTION AND WAS PUT AND DECLARED CARRIED.
DECISION: That the application be approved in accordance with the conditions contained in this report.
D-0805.6
49-51 Fletcher Street, Tamarama – Mixed Use Development (DA 201/2007)
This matter was last considered at the Development Control Committee meeting held on 22 April 2008. At that meeting the Committee decided to defer the application to this meeting, at the applicant’s request.
Report dated 18 March 2008 from the Development and Building Unit.
MOTION / DECISION (Betts / Ridyard)
That the application be deferred to the next meeting of the Development Control Committee scheduled for 24 June 2008 at which time the outcome of the Section 34 Conference proceedings in the Land & Environment Court will be known.
D-0805.7
125 Hastings Parade, North Bondi – Demolish existing mixed use building and construct new part 2 and part 3 storey plus basement mixed use building (residential and retail) (DA482/2007)
Report dated 23 April 2008 from the Development and Building Unit.
MOTION / DECISION (Clayton / Betts)
That the application be approved in accordance with the conditions contained in this report and subject to the following additional conditions:
1. The driveway exit treatment to the carpark shall include the following:
a). Installation of a ‘STOP’ sign within the bounds of the property.
b). Installation of a marked ‘white line’ on the ground at the exit.
c). Installation of 2 fish-eye mirrors on either side of the exit.
d). Installation of signage at the exit warning exiting drivers that there are pedestrians about or to that effect.
D-0805.8
10 Gipps Street, Bronte – Alterations and additions to existing heritage dwelling and new swimming pool (DA 423/2007)
Report dated 14 May 2008 from the Development and Building Unit.
MOTION (Sloan / Betts)
That the application be deferred to the next Council Inspection Meeting scheduled to be held on Saturday, 14 June 2008.
THE MOTION WAS PUT AND DECLARED LOST.
MOTION (Newhouse / Wakefield) (WITHDRAWN)
That the application be deferred to allow the applicant to submit amended plans which show the following:
1. Removal of the dormer windows.
2. Lowering of the floors of the attic bedroom and kitchen / family room to achieve the two (2) storey development at the rear which sits completely under the roof pitch and offers no visual detriment to the heritage streetscape.
3. Removal of anomalies in the Plans – references to basement slabs on DA 3.02 and DA 3.04.
4. Clear identification of the location of the laundry under the stairwell at the first floor level.
5. Removal of the laundry window from the sandstone on the eastern elevation.
6. Amend the fenestration for the first floor northern elevation to not more than 60% of the wall area.
7. Inclusion of a complying pool fence adjacent to the pool in the backyard, running east to west across the yard and broken by a single complying gate.
AMENDMENT (Copeland / Kanak)
That the new part of the development at the rear of the property maintain a 900mm setback from either side.
THE AMENDMENT WAS PUT AND DECLARED LOST.
AT THIS STAGE IN THE PROCEEDINGS, THERE BEING NO SUBSTANTIVE MOTION BEFORE THE CHAIR, THE FOLLOWING WAS MOVED, SECONDED AND DECLARED CARRIED.
MOTION / DECISION (Strewe / Sloan)
That
1. The application be deferred to the next meeting of the Development Control Committee scheduled for 24 June 2008 and in the interim the applicant be requested to erect height poles in the position where the dormers are proposed so as to allow Ward Councillors and any other interested Councillors to conduct a site inspection.
2. The height poles are to be certified by a qualified surveyor.
The applicant is requested to contact Council when the height poles have been erected.
Cr Kanak declared a non-pecuniary interest in this Item.
Cr Copeland declared a non-pecuniary interest in this Item.
D-0805.9
48 Alt Street, Queens Park – Alterations and additions including first floor addition to dwelling and new double garage to rear lane with attic above (DA 682/2007)
Report dated 14 May 2008 from the Development and Building Unit.
MOTION (Betts / Sloan)
That the application be refused for the following reasons:
1. Does not comply with FSR.
2. Does not comply with setbacks.
3. Overdevelopment of the site.
4. Does not comply with landscaping requirements.
THE MOTION WAS PUT AND DECLARED LOST ON THE SHOW OF HANDS 4/7.
AT THIS STAGE IN THE PROCEEDINGS, THERE BEING NO SUBSTANTIVE MOTION BEFORE THE CHAIR, THE FOLLOWING WAS MOVED, SECONDED AND DECLARED CARRIED.
MOTION / DECISION (Newhouse / Strewe)
That the application be approved in accordance with the conditions contained in this report.
D-0805.10
48 Bronte Road, Bondi Junction – Modification to extend trading hours of Burger Café from midnight to 3.00am (DA 845/2003/A)
Report dated 5 May 2008 from the Development and Building Unit.
MOTION / DECISION (Sloan / Strewe)
That the application be refused in accordance with the reasons contained in this report.
D-0805.11
106 Hewlett Street, Bronte – Demolish existing carport at rear and alterations and additions to existing semi-attached dwelling including new double garage and first floor addition (DA 46/2008)
Report dated 14 May 2008 from the Development and Building Unit.
MOTION / DECISION (Wakefield / Betts)
That the application be refused in accordance with the reasons contained in this report.
D-0805.12
12 Illawong Avenue, Tamarama – Dual occupancy (DA 676/2007)
Report dated 14 May 2008 from the Development and Building Unit.
MOTION (Strewe) (LAPSED)
That the application be deferred to the next Council Inspection Meeting scheduled to be held on Saturday, 14 June 2008.
MOTION / DECISION (Ridyard / Betts)
That:
1. The application be approved in accordance with the conditions contained in this report.
2. Under Condition 2 – General Modifications, Option 2(b)(ii) be the option to be satisfied to achieve the lowering of the building by 600mm.
D-0805.13
Cnr Napier & Blake Streets, Dover Heights – Modify the car parking requirement and traffic management plan for the site (DA 803/2001/B)
Report dated 7 May 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.
D-0805.14
42 Brighton Boulevard, North Bondi – Installation of two external air conditioning units to the eastern and western elevations of the existing child care centre (DA117/2008)
Report dated 30 April 2008 from the Development and Building Unit.
MOTION (Clayton / Betts)
That
1. The application be approved in accordance with the conditions contained in this report.
2. Council Officers determine appropriate hour of operation and include these in the conditions of consent.
AMENDMENT (Wakefield / Strewe) (WITHDRAWN)
That after 6 months of operation the applicant engages an acoustic engineer to measure the decibel level at the boundary with the adjacent property for compliance.
THE MOTION WAS PUT AND DECLARED CARRIED.
DECISION: That the Motion be adopted.
D-0805.15
7 Wilga Street, Bondi – Section 82A Review – Alterations and additions to provide a new double garage (DA678/06)
This matter was last considered at the Development Control Committee meeting held on 22 April 2008. At that meeting the Committee decided to defer the application to this meeting at the applicant’s request.
Report dated 1 April 2008 from the Development and Building Unit.
MOTION / DECISION (Newhouse / Ridyard)
That:
1. The application be refused in accordance with the reasons contained in this report.
2. This street be referred to the Divisional Manager, Technical Services to undertake a review/survey for the introduction of a Resident Preferential Parking Scheme.
D-0805.16
17 Kent Street, Waverley – Section 96 to correct drafting error (DA 95/2005)
Report dated 14 May 2008 from the Development and Building Unit.
MOTION / DECISION (Betts / Sloan)
That the application be approved in accordance with the conditions contained in this report.
D-0805.17
201-205 Bondi Road, Bondi – Change of use of unit to commercial (DA 111/2008)
Report dated 8 May 2008 from the Development and Building Unit.
MOTION / DECISION (Newhouse / Ridyard)
That the application be approved in accordance with the conditions contained in this report.
D-0805.18
18 Simpson Street, Bondi – Section 96 modification to amend condition to place protected tenant in the unit secured for bonus FSR (DA 624/2004/A)
Report dated 7 May 2008 from the Development & Building Unit.
MOTION / DECISION (Clayton / Strewe)
That the application be approved in accordance with the conditions contained in this report.
Cr Betts declared a non-pecuniary interest in this Item. Cr Betts informed the meeting that she lives in Simpson Street.
D-0805.19
481 Old South Head Road, Rose Bay – Strata subdivision of existing mixed use building into 34 lots (DA 531/2007)
Report dated 30 April 2008 from the Development and Building Unit.
MOTION / DECISION (Betts / Newhouse)
That the application be approved in accordance with the conditions contained in this report.
D-0805.20
19 Blair Street, Bondi Beach – Demolition of existing garage and construction of hardstand parking for four cars and sliding rear gate (DA 737/2006)
Report dated 14 May 2008 from the Development and Building Unit.
MOTION / DECISION (Clayton / Betts)
That the application be approved in accordance with the conditions contained in this report.
D-0805.21 URGENT BUSINESS
D-0805.21.1
Application in the Licensing Court of NSW for increased hours by the Robin Hood Hotel, Charing Cross (A08/0576)
This matter was raised by the Mayor as an Item of Urgent Business with the concurrence of Council.
MOTION / UNANIMOUS DECISION (Strewe / Sloan)
That in respect of the application in the Licensing Court of NSW for increased hours by the Robin Hood Hotel, Council vehemently opposes the use of the smoking deck beyond midnight Monday to Saturday and 10pm Sunday.
Cr Newhouse declared a non-pecuniary interest in this Item and left the Chamber. He did not
take part in the debate nor vote on this matter.
D-0805.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 8.40pm
SIGNED & CONFIRMED MAYOR
17 JUNE 2008
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