Local Planning Panel
Minutes of the
Local
Planning Panel Meeting
Held Remotely, Online
on 22 July 2021
Panel
Members
|
Chairperson
|
Donna
Rygate
Stephen Leathley (for item
3.2 only)
|
|
Panel
Experts
|
Stephen
Leathley
Linda
McClure
|
|
Community
Representative/s
|
Lyn Hunt
|
Central
Coast Council Staff Attendance
Andrew Roach Unit
Manager Development Assessment
Emily
Goodworth Section Manager
Development Assessment North
Alisa Prendergast Section
Manager Development Assessment South
Robert Eyre Principal
Development Planner Development Assessment South
Erin Murphy Senior
Development Planner Development Assessment South
Susana
Machuca Senior
Development Planner Development Assessment South
Rachel
Callachor Meeting
Support Officer Civic Support
Sophie
Kennedy Civic
Support Officer Civic Support
The Chairperson,
Donna Rygate, declared the meeting open at 2:09pm and advised in accordance
with the Code of Meeting Practice that the meeting was being recorded.
The Chair read
an acknowledgement of country statement.
The Chair
advised that Stephen Leathley would take role of the Chair for item 3.2 -
Section 8.2 Review of Determination - DA/57698/2019 - Staged Caravan Park (165
sites) at 255, 255A, 255B Avoca Drive, Kincumber and 19 Picketts Valley Road,
Picketts Valley, because she was part of the Panel that considered the
application previously. (In accordance with Section 8.2(5) of the Environmental
Planning & Assessment Act 1979, the review must be referred to the Local
Planning Panel. The Local Planning Panels Operational Direction states that:
‘the determination of a review application from a panel decision shall be
determined by different members of the panel to those who made the original
determination’. The Panel members at the 6 August 2020 meeting were:
Donna Rygate, Grant Christmas, Garry Fielding and Scott McGrath.)
Apologies
The
Panel noted that no apologies had been received.
The Chair
advised that the application listed at agenda item 3.1 - DA/60262/2020 - 2
Scenic Highway, Terrigal - Ex- HMAS Adelaide Mast at the Terrigal Haven onto a
plinth footing with landscaping and provision for a flagpole - was withdrawn by
applicant prior to the public meeting and would therefore not be considered by
the Panel.
1.1 Disclosures
of Interest
|
|
Declaration
forms have been received and management actions will be taken including
exclusion of members with an interest from consideration of relevant matters.
|
2.1 Confirmation
of Minutes of Previous Meeting
|
|
The Minutes of the previous Local
Planning Panel Meeting, which had been endorsed by the Chair of that meeting,
were submitted for noting:
·
Local
Planning Panel meeting held on 24 June 2021
·
Electronic
Determination regarding DA51538/2017 dated 28 June 2021
Moved:
Linda McClure
Seconded:
Stephen Leathley
Unanimous
|
Donna Rygate left the public
meeting at 2.16pm and was not present for agenda item 3.2.
|
|
|
The
following people addressed the Panel:
Agenda
item 3.2
1
Tessa Green -
Secretary and Vice-President, Kincumber and Picketts Valley
Community
Action Group Inc. (KPVCAG) - for recommendation.
2
Steve Fortey
– President, Avoca Beach Community Association - for
Recommendation.
3
Fiona Morrison
- for recommendation.
4
Pauline Wright,
representative for Kincumber and Picketts Valley Community
Action
Group Inc. (KPVCAG) – for recommendation.
5
Roger Johnson -
for recommendation.
6
Chris Smith,
Consultant ADW Johnson on behalf of applicant, and Ian Tregoning, Director,
LivingChoice (for applicant).
|
The
Local Planning Panel public meeting closed at 3:00pm.
The Panel
moved into deliberation from 3:05pm, which concluded at 3:28pm. Stephen
Leathley left the deliberative meeting at 3:07pm and was not present for
discussion of item 4.2, returning at 3:15pm.
Donna Rygate
left the deliberative meeting at 3:16pm and was not present for discussion of
item 3.2 and did not return to the meeting. Stephen Leathley took over the
Chair for item 3.2.
3.2 Section
8.2 Review of Determination - DA/57698/2019 - Staged Caravan Park (165 sites)
at 255, 255A, 255B Avoca Drive, Kincumber and 19 Picketts Valley Road,
Picketts Valley
|
|
Site Inspected
|
Yes – briefing via video
conference
|
|
Relevant Considerations
|
As
per Council assessment report
|
|
Material Considered
|
·
Documentation
with application
·
Council
assessment report
·
Submissions
|
|
Council Recommendation
|
Refusal
|
|
Panel
Decision
|
1 That the Local Planning Panel
refuse the application Section 8.2(a) review of determination of
Development Application Ref DA/57698/2019 for the integrated and Staged
‘Residential Land Lease Community’ (Caravan Park) comprising
165 sites, community facilities, retained farmhouse, demolition of
structures, removal of dams, roads and infrastructure and landscaping at Nos
255, 255A, 255B Avoca Drive Kincumber, and 19 Picketts Valley Road Picketts
Valley, subject to the reasons for refusal detailed in the schedule
attached to the report and having regard to the matters for consideration
detailed in Section 4.15 of the Environmental Planning and Assessment Act.
2 That
Council advise those who made written submissions of the Panel’s
decision.
3 That
Council advise relevant external authorities of the Panel’s decision.
|
|
Reasons
|
1
The proposed
development is not properly characterised as a ‘caravan park’
as the two short-term dwelling sites must be proposed for a proper use to
satisfy the requirements of the definition for a caravan park. The two
short-term dwelling sites have been nominated for parking for visitors of
residents.
2
The proposed
development is not consistent with the objectives of the E4 Environmental
Living zone under the provisions of the Gosford Local Environmental Plan 2014.
3
The proposed
development would result in significant cut and fill, earthworks and
removal of vegetation on the site which would impact the ecological values,
visual and scenic quality of the area.
4
The site is
not suitable for the proposed development due to its landscape, scenic and
ecological qualities which should be preserved.
5
Insufficient
information has been provided in relation to stormwater run-off and
downstream flooding impacts, ecology, waste, soil and water management,
emergency and construction access and tree retention.
6
The proposal
is an overdevelopment of the site, inconsistent with the current and future
desired character of the locality and approval is not in the public
interest.
7
The proposed
development does not have adequate regard to achieving compliance with the Local Government
(Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable
Dwellings) Regulation 2005.
|
|
Votes
|
The decision was unanimous
|
|
4.1 DA/58327/2020/2
- 15 Lynnette Crescent, East Gosford - Alterations & Additions to the
Existing Dwelling, Carport, Cabana, Inground Swimming Pool & Retaining
Structures
|
|
Site Inspected
|
Yes – via video conference given
lockdowns
|
|
Relevant Considerations
|
As
per Council assessment report
|
|
Material Considered
|
·
Documentation
with application
·
Council
assessment report
|
|
Council Recommendation
|
Approval
|
|
Panel
Decision
|
1 That the Local Planning Panel
grant consent to DA/58327/2020/2
- 15 Lynnette Crescent, East Gosford - Alterations & Additions to the
Existing Dwelling, Carport, Cabana, Inground Swimming Pool & Retaining
Structures, subject to the conditions detailed in the report and having
regard to the matters for consideration detailed in Section 4.15 of the
Environmental Planning and Assessment Act 1979.
|
|
Reasons
|
1 This application has been
assessed under the heads of consideration of section 4.15 of the
Environmental Planning & Assessment Act 1979 and all relevant
instruments and polices. Upon completion of this assessment, given the
minor variations sought by the development, with these variations
demonstrating general compliance with both the stated objectives of Chapter
3.1 and the area’s desired future character statement, it is
considered that the site is
suitable for the
proposed development.
|
|
Votes
|
The decision was unanimous
|
|
4.2 DA/58543/2020
- Alterations & Additions to Shop Top Housing - 60 Terrigal Esplanade,
Terrigal
|
|
Site Inspected
|
Yes – via video conference given
lockdowns
|
|
Relevant Considerations
|
As
per Council assessment report
|
|
Material Considered
|
·
Documentation
with application
·
Council
assessment report
|
|
Council Recommendation
|
Approval
|
|
Panel
Decision
|
1 That the Local Planning Panel
assume the concurrence of the Secretary of the Department of Planning to
permit the non-compliance with the development standard under Clause 4.6 of
the Gosford Local Environmental Plan 2014, in accordance with the
provisions of Clause 64 of the Environmental Planning and Assessment
Regulation 2000.
The Panel agrees that
the written request demonstrates
that compliance with
the development standard is
unnecessary in the
circumstances of the case and there
are sufficient
environmental planning grounds to justify
contravening the
development standard.
Further, the Panel
considers that the proposed
development will be in
the public interest because it is
consistent with the
objectives of the Floor Space Ratio (FSR) development standard
and the objectives for development within zone
B2 – Local Centre in which the development is
proposed to be carried out.
2 That
the Local Planning Panel grant consent to DA58543/2020 for a Shop Top
Housing development on Lot: 1 DP: 214139 and Lot: B in DP: 374520, No. 60
Terrigal Esplanade, Terrigal, subject to the conditions detailed in the
schedule attached to the report and having regard to the matters for
consideration detailed in Section 4.15 of the Environmental Planning and
Assessment Act 1979.
|
|
Reasons
|
1
The proposal
is satisfactory having regard to the relevant environmental planning
instruments, plans and policies.
2
The proposal
has been considered against the provisions of Gosford Local Environmental
Plan 2014 and has been found to be satisfactory.
3
There are no
significant issues or impacts identified with the proposal under s.4.15 of
the Environmental Planning and Assessment Act 1979.
|
|
Votes
|
The decision was unanimous
|
|
