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Minutes of the Development Control Committee Meeting held on Tuesday, 24 June 2008.
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PRESENT
Councillor Strewe (Chair)
Councillors Betts, Clayton, Copeland, Kanak,
Kay, Newhouse, Ridyard, Sloan and Wakefield.
At the commencement of proceedings at 7.06 pm those present were as listed above with the exception of Crs Kanak and Copeland who arrived at 7.15pm and 7.30 respectively.
D-0806.A
Apologies
Apologies were received and accepted from Crs. Main and Moscatt and late apologies were received from Crs Copeland and Kanak.
D-0806.DI
Declarations of Interest
The Chair asked for Declarations of Interest and the following were received:
1. All Councillors declared a non-pecuniary interest in Item D-0806.1 – 180-186 Campbell Parade, Bondi Beach – Redevelopment of the Swiss Grand Hotel including residential apartments, hotel apartments, retail space and car parking (DA619/2007) – as they have had various meetings with the applicant.
2. Crs Betts and Strewe declared non-pecuniary interests in all items on the agenda. They informed the meeting that they have received representations regarding all the development applications on the agenda.
3. Cr Kay declared a non-pecuniary interest in Item D-0806.6 – 10 Glen Street, Bondi – Alterations including spa, deck and awning (DA14/08). He informed the meeting that he knows one of the objectors.
4. Crs Newhouse and Wakefield declared non-pecuniary interests in Item D-0806.8 – 10 Gipps Street, Bronte – Alterations and additions to existing heritage dwelling and new swimming pool (DA 423/2007). They informed the meeting that they know some of the objectors.
5. Cr Clayton declared a non-pecuniary interest in Item D-0806.8 – 10 Gipps Street, Bronte – Alterations and additions to existing heritage dwelling and new swimming pool (DA 423/2007). She informed the meeting that she knows one of the objectors.
6. Cr Sloan declared a non-pecuniary interest in Item D-0806.8 – 10 Gipps Street, Bronte – Alterations and additions to existing heritage dwelling and new swimming pool (DA 423/2007) She informed the meeting that she has had representations from a number of people regarding this matter.
7. Cr Wakefield declared a non-pecuniary interest in Item D-0806.9 – Bondi Beach Public School, Warners Avenue, Bondi Beach – Application for a fortnightly growers and makers market at Bondi Beach Public School on Saturdays (DA 436/2007). He informed the meeting that the school is near his home.
8. Cr Clayton declared a non-pecuniary interest in Item D-0806.9 – Bondi Beach Public School, Warners Avenue, Bondi Beach – Application for a fortnightly growers and makers market at Bondi Beach Public School on Saturdays (DA 436/2007). She informed the meeting that Bondi Precinct meetings are held at the school.
9. Cr Kay declared a non-pecuniary interest in Item D-0806.12 – 24 Onslow Street, Rose Bay – Demolish existing dwelling and construct a new two storey dwelling with garage and swimming pool (DA493/2007). He informed the meeting that he knows one of the objectors.
10. Cr Newhouse declared a non-pecuniary interest in Item D-0806.12 – 24 Onslow Street, Rose Bay – Demolish existing dwelling and construct a new two storey dwelling with garage and swimming pool (DA493/2007). He informed the meeting that he knows the applicant and one of the objectors.
11. Cr Kay declared a non-pecuniary interest in Item D-0806.13 – 163 Glenayr Avenue, Bondi Beach – Footpath seating application (FPS8/2008). He informed the meeting that he knows the proprietor.
12. Cr Clayton declared a non-pecuniary interest in Item D-0806.13 – 163 Glenayr Avenue, Bondi Beach – Footpath seating application (FPS8/2008).
13. Cr Wakefield declared a non-pecuniary interest in Item D-0806.13 – 163 Glenayr Avenue, Bondi Beach – Footpath seating application (FPS8/2008). He informed the meeting that the business is located near his home.
14. Crs Newhouse and Wakefield declared non-pecuniary interests in Item D-0806.16 – 230-232 Bronte Road, Waverley – Section 96 modifications to adjust the housing contribution in accordance with Court conditions (DA207/07/A). They informed the meeting that they know the applicant’s brother.
D-0806.1
180-186 Campbell Parade, Bondi Beach – Redevelopment of the Swiss Grand Hotel including residential apartments, hotel apartments, retail space and car parking (DA619/2007)
Report dated 3 June 2008 from the Development and Building Unit.
MOTION (Strewe / Wakefield)
That the application be refused in accordance with the reasons contained in the DBU report and taking into account the recommendations contained in the IHAP report, the SEPP 65 Design Review Panel report and the report from the Government Architect’s Office, and for the following additional reason:
1. The proposed development increases the overshadowing of a national heritage listed area.
FORESHADOWED MOTION (Betts / Clayton)
That the application be deferred to allow:
1. The applicant to submit new plans showing the following:
(a). The proposed building incorporating a stronger and more emphatic street wall to a height generally consistent with the height of the Bondi Hotel to the south.
(b). Any additional height above this point would only be considered if it is set back by at least 12 metres and will not exceed the highest point of the existing building as is set out in our LEP.
(c). Remove that part of the wintergarden/balcony on Level 1 that overhangs the Beach Road frontage.
(d). Improvement in the amenity of the studio/one bedroom Units 233, 234 and 235 on level 2 and units 333,334 and 335 on level 3 by the creation of two level cross over apartments.
(e). Increasing the parking spaces for the retail component of the building by at least 37 spaces.
(f). Deletion of the basement supermarket level in order to increase the retail parking component to protect neighbouring residential amenity from increased traffic due to traffic intensity caused by a large supermarket. This area to be converted to retail parking.
(g). An improved pedestrian link from Gould Street to Campbell Parade.
(h). Increasing the masonry to glazing ratio of the façade of the building.
(i). Provision of an area for a car share service for a minimum of 5 cars within the parking component of the building.
2. The applicant to investigate:
(a). The implementation of some additional ESD initiatives such as:
i Minimise the use of mains water or mains sewer.
ii Introduction of the use of natural gas instead of coal powered electricity for hot water generation and air conditioning.
iii A plan to be submitted outlining the reduction of climate change pollution during construction.
iv The use of pale colours and materials on the proposed roof to minimize the heat load of the building.
(b). Introducing “Green” leases for future tenants and owners to mandate their participation in high quality recycling systems to process waste on site. Such Green leases to include but not be limited to a requirement that only biodegradable and recyclable containers for take away meals are to be used by any potential food premises.
3. The applicant to give consideration to entering into a Voluntary Planning Agreement with Council for the provision of public benefit. This could include, but is not limited to civic and public infrastructure improvements, public domain improvement and/or public art.
Examples of this benefit could be:
(a). Repave the surrounding pavements with pale coloured pavements to minimize heat loads.
(b). Public art components to all four entrances to the building.
And:
4. In light of these changes being of a lesser nature, re-notification not be required.
5. The applicant is to pay any required fees for reassessment of amended plans.
THE MOTION WAS PUT AND DECLARED LOST.
Division:
For the Motion: Crs Copeland, Kanak, Strewe and Wakefield.
Against the Motion: Crs Betts, Clayton, Kay, Newhouse, Ridyard and Sloan.
THE FORESHADOWED MOTION NOW BECAME THE SUBSTANTIVE MOTION.
THE FOLLOWING AMENDMENT WAS THEN MOVED:
AMENDMENT (Wakefield / Copeland)
The Substantive (Foreshadowed) Motion be adopted subject to the bulk of the final proposal being no greater than the current building.
FORESHADOWED MOTION NO 2 (Strewe / Betts)
That the application be deferred to allow the applicant to submit new plans addressing all of the following:
1. The architectural character of the proposed building is to be sympathetic to the Heritage Conservation Area, reflect the desired future character of Campbell Parade, and present a suitable urban design outcome for this site. The height and number of storeys proposed, combined with the FSR proposed, is excessive and is not supported.
2. The traffic and parking related impacts of this development are significant and must be resolved. This includes, but is not limited to, the manoeuvrability within the loading dock and a deficiency of 200 public car parking spaces.
3. The adaptive reuse of the existing structure results in undesirable internal amenity to residential units on levels two and three and must be addressed.
4. Additional to the above reasons, the applicant must address the reasons for refusal outlined in the Development and Building Unit report. Any future application, amended application or review submitted to Council should respond to all the issues outlined in this report.
5. And the applicant is to pay any required fees for reassessment of amended plans.
THE AMENDMENT WAS PUT AND DECLARED CARRIED.
THE AMENDMENT NOW BECAME THE SUBSTANTIVE MOTION.
THE SUBSTANTIVE MOTION (AMENDMENT) WAS THEN WITHDRAWN BY THE MOVER (CR WAKEFIELD).
FORESHADOWED MOTION NO 2 NOW BECAME THE SUBSTANTIVE MOTION, AND WAS PUT AND DECLARED CARRIED.
DECISION: That the Substantive Motion (Foreshadowed Motion No 2) be adopted.
A Rescission Motion on this item was received by the Chair, duly signed by Crs Copeland, Kanak and Wakefield prior to the close of the meeting. The Committee decided to deal with the Rescission Motion at the Council Inspection Meeting to be held on Saturday, 2 August 2008.
All Crs declared a non-pecuniary interest in this item as they have had various meetings with the applicant.
D-0806.2
49-51 Fletcher Street, Tamarama – Mixed Use Development (DA 201/2007)
This matter was last considered at the Development Control Committee Meeting held on 27 May 2008. At that meeting the Committee decided to defer the application to this meeting at which time the outcome of the Section 34 Conference proceedings in the Land & Environment Court will be known.
Report dated 18 March 2008 from the Development and Building Unit.
MOTION (Copeland / Kanak)
That the application be refused in accordance with the reasons contained in the DBU report.
FORESHADOWED MOTION (Kay / Ridyard)
That the application be deferred to allow the applicant to submit amended plans that address all issues raised in the reports of the DBU, IHAP and Section 34 hearing.
THE MOTION WAS PUT AND DECLARED LOST.
THE FORESHADOWED MOTION WAS PUT AND DECLARED CARRIED.
THE FORESHADOWED MOTION NOW BECAME THE SUBSTANTIVE MOTION AND WAS PUT AND DECLARED CARRIED.
DECISION: That the Substantive Motion (Foreshadowed) be adopted.
Crs Betts and Strewe declared non-pecuniary interests in this item.
D-0806.3
93 Henrietta Street, Waverley – Alterations and additions to existing two storey dwelling house including new swimming pool, hard stand car parking and decks (DA45/2008)
Report dated 22 May 2008 from the Development and Building Unit.
MOTION / DECISION (Sloan / Kay)
That the application be approved in accordance with the conditions contained in this report.
Crs Betts and Strewe declared non-pecuniary interests in this item.
D-0806.4
6 Fitzgerald Street, Queens Park – Section 96 for alterations and additions to a terrace house (DA 19/2006)
Report dated 22 May 2008 from the Development and Building Unit.
MOTION / DECISION (Sloan / Wakefield)
That the application be approved in accordance with the conditions contained in this report subject to the FSR requirements being met by a reduction in the size of the building in some manner.
Crs Betts and Strewe declared non-pecuniary interests in this item.
D-0806.5
8 Fitzgerald Street, Queens Park – Alterations & additions to a terrace house plus laneway development with single garage and loft (DA702/2007)
Report dated 20 May 2008 from the Development and Building Unit.
MOTION / DECISION (Sloan / Wakefield)
That the application be approved in accordance with the conditions contained in this report subject to the FSR requirements being met by a reduction in the size of the building in some manner.
Crs Betts and Strewe declared non-pecuniary interests in this item.
D-0806.6
10 Glen Street, Bondi – Alterations including spa, deck and awning (DA14/08)
Report dated 20 May 2008 from the Development and Building Unit.
MOTION / DECISION (Ridyard / Kay)
That the application be deferred to allow Ward Councillors to inspect the site.
Cr Kay declared a non-pecuniary interest in this item. He informed the meeting that he knows one of the objectors.
Crs Betts and Strewe declared non-pecuniary interests in this item.
D-0806.7
50 Waverley Street, Bondi Junction – Alterations and additions (DA 720/2007)
Report dated 20 May 2008 from the Development and Building Unit.
MOTION / DECISION (Newhouse / Wakefield)
That:
1. The application be deferred in accordance with the reason contained in the IHAP report.
2. When preparing a new design the applicant take into account the reasons for refusal contained in the DBU report.
3. The applicant submit a noise report to Council that includes the structure of existing floors, noise attenuation levels between walls, and any noise attenuation measures that can be implemented.
4. Double glazing be installed along the street frontage.
Crs Betts and Strewe declared non-pecuniary interests in this item.
D-0806.8
10 Gipps Street, Bronte – Alterations and additions to existing heritage dwelling and new swimming pool (DA 423/2007)
This matter was last considered at the Development Control Committee Meeting held on 27 May 2008. At that meeting the Committee decided to defer the application to this meeting and in the interim the applicant erect height poles in the position where the dormers are proposed, and that Ward Councillors and interested Councillors inspect the site.
Report dated 14 May 2008 from the Development and Building Unit.
MOTION (Newhouse / Sloan)
That the application be deferred to allow the applicant to submit amended plans showing the following to the satisfaction of the Director, Planning & Environmental Services:
1. Removal of the dormers – the applicant is to consider lowering the floor level of the attic bedroom and the first floor level where the kitchen and family room is to achieve a two storey development at the rear which sits completely under the proposed roof pitch.
2. The anomalies in the current plans are to be addressed; references to basement slabs and clearly identify the location of the laundry under the stairwell at the first level.
3. Remove the laundry window from the sandstone on the eastern elevation. Only if necessary, the applicant may introduce silent or possibly baffled ventilation to that eastern sandstone elevation.
4. A compliant pool fence adjacent to the pool in the back yard running east to west across the yard, broken by a single complying gate.
5. The new roof be terracotta tiles to match the existing roof.
AMENDMENT (Betts / Strewe)
That the Motion be adopted subject to the dormers being reinstated and reduced in size by 20 percent.
THE AMENDMENT WAS PUT AND DECLARED CARRIED ON THE CASTING VOTE OF THE CHAIR.
THE AMENDMENT NOW BECAME THE SUBSTANTIVE MOTION.
TWO FURTHER AMENDMENTS WERE ACCEPTED BY THE MOVER AND SECONDER OF THE SUBSTANTIVE MOTION. THE SUBSTANTIVE MOTION NOW READS AS FOLLOWS:
That the Motion be adopted subject to the dormers being reinstated and reduced in size by 33 percent and made of non-reflective materials.
THE SUBSTANTIVE MOTION WAS PUT AND DECLARED CARRIED.
DECISION: That the application be deferred to allow the applicant to submit amended plans showing the following to the satisfaction of the Director, Planning & Environmental Services:
1. The dormers be reduced in size by 33 percent and made of non-reflective materials.
2. Anomalies in the current plans are to be addressed; references to basement slabs and clearly identify the location of the laundry under the stairwell at the first level.
3. Remove the laundry window from the sandstone on the eastern elevation. Only if necessary, the applicant may introduce silent or baffled ventilation to that eastern sandstone elevation.
4. A compliant pool fence adjacent to the pool in the back yard running east to west across the yard, broken by a single complying gate.
5. The new roof be terracotta tiles to match the existing roof.
Crs Betts, Copeland, Kanak and Strewe declared non-pecuniary interests in this item.
Crs Newhouse and Wakefield declared non-pecuniary interests in this item. They informed the meeting that they know some of the objectors.
Cr Clayton declared a non-pecuniary interest in this item. She informed the meeting that she knows one of the objectors.
Cr Sloan declared a non-pecuniary interest in this item. She informed the meeting that she has had representations from a number of people regarding this matter.
D-0806.9
Bondi Beach Public School, Warners Avenue, Bondi Beach – Application for a fortnightly growers and makers market at Bondi Beach Public School on Saturdays (DA 436/2007)
Report dated 11 June 2007 from the Development and Building Unit.
MOTION / DECISION (Wakefield / Kanak)
That the application be refused in accordance with the reasons contained in this report.
Crs Betts and Strewe declared non-pecuniary interests in this item.
Cr Wakefield declared a non-pecuniary interest in this item. He informed the meeting that the school is near his home.
Cr Clayton declared a non-pecuniary interest in this item. She informed the meeting that Bondi Precinct meetings are held at the school.
D-0806.10
30 & 32 Bondi Road, Bondi Junction – To increase the number of children in an existing child care centre from 60 to 86 (DA 657/07)
Report dated 28 May 2008 from the Development and Building Unit.
MOTION / DECISION (Ridyard / Strewe)
That:
1. The application be granted deferred commencement consent in accordance with the conditions contained in this report subject to the applicant satisfying Council as to the following matters:
(a). The applicant submit amended plans addressing the issue of child safety and the interface between vehicles and children in the turning area to the satisfaction of the Director, Planning & Environmental Services.
(b). The Traffic Management Plan address how the operators will ensure future compliance with the conditions of consent.
(c). The parking area be properly linemarked.
2. Council’s Compliance Officers enforce the conditions of consent with regard to parking in the front section.
Crs Betts and Strewe declared non-pecuniary interests in this item.
D-0806.11
333 Bronte Road, Bronte – Alterations and additions to existing dwelling (DA172/2007)
Report dated 11 June 2008 from the Development and Building Unit.
MOTION / DECISION (Sloan / Wakefield)
That the application be approved in accordance with the conditions contained in this report.
Crs Betts and Strewe declared non-pecuniary interests in this item.
D-0806.12
24 Onslow Street, Rose Bay – Demolish existing dwelling and construct a new two storey dwelling with garage and swimming pool (DA493/2007)
Report dated 4 June 2008 from the Development and Building Unit
MOTION / DECISION (Kay / Betts)
That the application be deferred to allow the applicant to submit amended plans to the satisfaction of the Director, Planning & Environmental Services showing the following:
1. The building, both ground and first floor, is to be set back from the rear so that it aligns with the rear building line of 22 Onslow Street.
2. The Floor Space Ratio is to satisfy Council’s controls for the site.
3. The first floor windows of the eastern elevation are to be opaque up to 1.6m above floor level, with louvres opening to a maximum of 45 degrees up to 1.6m.
4. The rear first floor balcony to have a depth of no greater than 900mm, have 1.5m high side privacy screens, and the awning above to be a simple translucent shade structure rather than solid material to mitigate bulk and reduce overshadowing.
5. The colour scheme of the proposed dwelling is to be indicated on the plans.
Cr Wakefield was not in the chamber for the vote on this item.
Crs Betts and Strewe declared non-pecuniary interests in this item.
Cr Kay declared a non-pecuniary interest in this item. He informed the meeting that he knows one of the objectors.
Cr Newhouse declared a non-pecuniary interest in this item. He informed the meeting that he knows the applicant and one of the objectors.
D-0806.13
163 Glenayr Avenue, Bondi Beach – Footpath seating application (FPS8/2008)
Report dated 28 May 2008 from the Development and Building Unit.
MOTION / DECISION (Clayton / Kay)
That:
1. The application be approved in accordance with the conditions contained in this report.
2. Council’s Compliance Officers investigate whether the shutters and the serving of products directly onto the footpath are in breach of Council’s regulations.
Crs Betts, Clayton and Strewe declared non-pecuniary interests in this item.
Cr Kay declared a non-pecuniary interest in this item. He informed the meeting that he knows the proprietor.
Cr Wakefield declared a non-pecuniary interest in this item. He informed the meeting that the business is located near his home.
D-0806.14
50 Alt Street, Queens Park – Alterations and additions including first floor to row house and attic to rear garage (DA 170/08)
Report dated 12 June 2008 from the Development and Building Unit.
MOTION / DECISION (Sloan / Wakefield)
That the application be approved in accordance with the conditions contained in this report subject to the FSR requirements being met by reducing the size of the building in some manner.
Crs Betts and Strewe declared non-pecuniary interests in this item.
D-0806.15
33 Beaumont Street, Rose Bay – To provide vehicle hardstand carspace in the front setback of existing dwelling with pergola above (DA162/2008)
Report dated 28 May 2008 from the Development and Building Unit.
MOTION (Wakefield / Kanak)
That:
1. The application be refused in accordance with the reasons contained in this report.
2. The matter be referred to the Waverley Traffic Committee for consideration of a mobility parking space.
FORESHADOWED MOTION (Kay / Clayton)
That the application be approved in accordance with the conditions contained in this report subject to the deletion of the pergola.
THE MOTION WAS PUT AND DECLARED CARRIED ON THE CASTING VOTE OF THE CHAIR.
Crs Betts and Strewe declared non-pecuniary interests in this item.
D-0806.16
230-232 Bronte Road, Waverley – Section 96 modifications to adjust the housing contribution in accordance with Court conditions (DA207/07/A)
Report dated 12 June 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.
Crs Betts and Strewe declared non-pecuniary interests in this item.
Cr Newhouse and Wakefield declared non-pecuniary interests in this item. They informed the meeting that they know the applicant’s brother.
D-0806.17
547 Old South Head Road, Rose Bay – Section 96 modification to amend condition No.11 to provide monetary contribution in lieu of a unit to be leased for 3 years (DA325/2004/B)
Report dated 28 May 2008 from the Development and Building Unit.
MOTION / DECISION (Betts / Strewe)
That the application be approved in accordance with the conditions contained in this report.
Crs Betts and Strewe declared non-pecuniary interests in this item.
D-0806.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 called for the submission of any rescission motions and the following was received:
A Rescission Motion, duly signed by Crs. Copeland, Kanak and Wakefield was submitted to the Chair prior to the close of the meeting on the following item:
1. Item D-0806.1 – 180-186 Campbell Parade, Bondi Beach – Redevelopment of the Swiss Grand Hotel including residential apartments, hotel apartments, retail space and car parking (DA619/2007)
UPON THE ANNOUNCEMENT BY THE CHAIR THAT A RESCISSION MOTION HAD BEEN RECEIVED THE FOLLOWING MOTION WAS MOVED:
MOTION (Betts / Kay)