17 August 2023 - HLPP

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Good morning and welcome to the Hawkesbury Local Planning Panel meeting for the 17th of August 2023. This panel has been appointed by the Minister for Planning and Public Spaces and the Council to determine certain categories of development applications. My name is Stephen Leethley and I am the Chairperson for today's panel. The other panelists with me today are experts Juliet Grant and Elizabeth Kincaid and community representative Michael Edwards. I'd like to firstly begin by acknowledging the traditional custodians of the land, the Darug people, their elders past and present. As a courtesy to others, please keep your microphones on mute at all times unless I call on you to speak. This meeting is being audio visually recorded.

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I'll just ask each panelist now to just confirm that they have no conflict of interest. Juliet Grant. I have no conflict of interest, thank you. Elizabeth Kinkade.

Yeah, I have no conflict of interest.

Michael Edwards.

I have no conflict of interest with either item.

And I also have no conflict of interest in relation to either item. We've got two matters on our agenda for today's meeting. The first is a development application for a three-lot subdivision at 79 Bells Lane, Kermond. The second, which we will move into a closed meeting, relates to a planning proposal for an additional permitted use at 172 Commercial Road, Vineyard. We have two speakers today, one addressing each matter. Our first speaker is Robert Montgomery, who will be speaking in relation to 2.1.1 on the agenda. Tracy, are you there? What's the time limit we have for Rob to speak?

Five minutes is fine.

Five minutes, Rob. Will that give you enough time to cover on this?

That's more than enough, Mr Chair.

No worries. Okay. Well, if you're ready, you can fire away.

Thank you for that. My name is Robert Montgomery. I'm a town planner, and I represent the owners of the property, Mr and Mrs Hopkins. Very briefly, this has been a very long journey for them. The panel may be aware that prior to the DA, there was a very long planning proposal process, but we're at the place where we want to be now, and we'd certainly like to thank the council staff for their perseverance with this matter. Look, I've read the report and the conditions. Certainly happy with the recommendation and the conditions. I'd just like to point out one condition which perhaps the panel could have a look at. Condition number 12 requires a dilapidation report. On the next door property. This is for stage one of the subdivision, and I really don't understand why that is so, because there's actually no excavation proposed , and the dwelling on the adjoining property is some 30 metres away from the boundary, and even the works on the right of carriageway won't be right on the boundary.

So perhaps, panel, if you could have a look at that condition and see whether the panel believes it's a necessary condition. But other than that, very happy with the conditions, and I'm happy to answer questions.

Thank you, Robert. That was good. I like it when someone doesn't extend to their time when they don't need to. I'll just go through the other panel members and see if anyone's got any questions. Juliet, have you got any questions? Yes,

Thank you, Chair. Good morning, Robert. I just wonder if you could just run through with us the actual extent of any works that are proposed as part of this subdivision. So is the enabling works, where they actually sit, and what the implications of those are?

Sure. Look, the works are very minor. It's a right of carriageway along the

Northeastern boundary in stage one. The right of carriageway is actually six metres wide. The requirements for construction are a four metre wide gravel or rock surface, and the— Overall slope of that, the land where that access drive is, is less than 10%. So there really isn't any excavation required. And there's

Two metres clear, potentially, of the boundary where works won't be required. And if the panel thought it necessary, it's probably not a bad width planting strip down that boundary.

So there's no other works? Is there demolition or—

Look, there's some partial demolition, and there's some demolition of an existing shed, which is too close to one of the proposed boundaries as part of stage two.

Thank you.

Thanks, Juliet. Elizabeth, have you got any questions?

No. Now, Robert mentioned the demolition of the shed on the boundary. That was something I was interested in confirming. So thanks, Robert. I have no other questions.

Thank you. Michael, have you got any questions?

Thank you, Mr Chair. Thank you, Robert. No, I have no further questions.

Okay, Robert. So this access handle goes along the— I'm just looking at figures one and two in this report— along the northern boundary. I'm just looking at six maps here. There does appear to be a shed or something on that adjoining property, though, is there not

There appears to be a shed on that adjoining property. I'm just looking at a Six Maps image of it. Might that be the reason for the dilapidation survey?

Well, I don't think so. There's three buildings near the boundary. One is a shed, which has been recently constructed — when I say recently, sometime in recent years. It's about six metres off the boundary . The one that's right close to the boundary is a shipping container. Okay. And there's another little old garden shed right on the boundary. It just seems to me, in my experience, a dilapidation report is usually required when you're digging a basement on the boundary, and there's a potential to damage adjoining structures. And I really just don't believe that there's any such potential here with this proposal. Yeah,

We'll ask that if council staff when we go back to the place. Just talk to me about stormwater. What happens with stormwater on this site?

Stormwater, the site falls from the road fairly gradually down to the creek. Stormwater will be managed — obviously roof water will be collected. Stormwater from the construction of the access road will be managed through that construction process in accordance with the council's requirements. And stormwater on the other lots will be managed as it generally usually is on rural properties.

Rightio, and wastewater management on the site as well. What's— there's just the assessment report references a report that you've had done by consultants on the matter. Just going to Broadcrest Consulting.

Yes, yes. What's the

Area — what's the wastewater management area for each lot, do you know, or that's all contained and there's enough, I guess to some satisfaction, there's enough for, you know, for a dwelling and enough area for on-site wastewater disposal? Yeah

There's certainly enough room for that, and the reports actually show on plan the areas required for wastewater disposal. As I said, those reports are fairly comprehensive, and all of the waste disposal areas are clear of any native vegetation.

Okay. That's good. I have no further questions. Thanks very much for your presentation. We'll consider this application in closed session following public address, and we'll let you know in due course, probably in the next 48 hours, what the decision of the panel will be on this matter. Okay.

Thank you very much, Mr Chair and panel members. Okay.

Thank you. Okay, the second item we have today relates to a planning proposal for an additional permitted use at 172 Commercial Road, Vineyard. Speaking in relation to that matter is Chris Shannon. Chris, are you there? Do you want to start your presentation? I guess just to note that we've got a report, we've reviewed the report and planning proposal , and we've had a briefing also from council staff, and we're halfway through a briefing at the moment from council staff in relation to the matter as well

Sorry, Chair, we just need to move into closed session.

Oh, sorry. Sorry, that's right. Sorry, I should mention that. Sorry, Tracy. Yes, we need to move into a closed session, so I think that's what we will move into now. So you'll do that formally, Tracy? Yeah ,

All done and ready for you.

All done and ready. Okay, so we're moving into closed session now. Thank you.