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MAYOR MINUTES OF THE DEVELOPMENT ... - Waverley Council

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PRESENT<br />

<strong>MINUTES</strong> <strong>OF</strong> <strong>THE</strong> <strong>DEVELOPMENT</strong><br />

CONTROL COMMITTEE MEETING<br />

HELD AT <strong>THE</strong> WAVERLEY COUNCIL<br />

CHAMBERS ON TUESDAY, 29<br />

JANUARY 2013<br />

<strong>Council</strong>lor Kay (Chair)<br />

<strong>Council</strong>lors Betts, Burrill, Cusack, Goltsman, Guttman-Jones,<br />

Masselos, Mouroukas and Strewe.<br />

At the commencement of proceedings at 7pm, those present were as listed above.<br />

D-1212.O OPENING PRAYER & ACKNOWLEDGMENT <strong>OF</strong> INDIGENOUS HERITAGE<br />

The Chair read the following Opening Prayer and Acknowledgment of Indigenous Heritage:<br />

“God, we pray for wisdom to govern with justice and equity. That we may see clearly and<br />

speak the truth, and that we work together in harmony and mutual respect. May our actions<br />

demonstrate courage and leadership so that in all our works thy will be done. Amen.<br />

<strong>Waverley</strong> <strong>Council</strong> respectfully acknowledges our indigenous heritage and recognises the<br />

ongoing Aboriginal traditional custodianship of the land which forms our Local Government<br />

Area.”<br />

D-1301.A LEAVES <strong>OF</strong> ABSENCE AND APOLOGIES<br />

There were no leaves of absence for this meeting.<br />

Apologies were received and accepted from Crs Clayton, Kanak and Wakefield.<br />

D-1301.DI DECLARATIONS <strong>OF</strong> INTEREST<br />

The Chair called for any Declarations of Interests and the following were received:<br />

1. Cr Strewe declared a less than significant non pecuniary interest in Item D-1301.6 – 19<br />

Lamrock Avenue, Bondi Beach – known as Lamrock Lodge – Part third floor addition<br />

to rear of building for a caretakers unit to a backpackers accommodation (DA<br />

472/2012), and informed the meeting that she knows the applicant.<br />

This is page 1 of the Minutes of the Development Control Committee Meeting held on Tuesday, 29<br />

January 2013<br />

<strong>MAYOR</strong>


D-1301.1<br />

45 Edward Street, Bondi Beach – Alterations and first floor addition to an existing<br />

semi-detached dwelling (DA 517/2011)<br />

Report dated 19 December 2012 from the Development and Building Unit.<br />

MOTION / UNANIMOUS DECISION (Strewe / Masselos)<br />

That the application be approved in accordance with the conditions contained in this report,<br />

subject to Condition 2(a) under General Modifications being amended to now read as<br />

follows:<br />

“(a) To improve privacy to the adjoining residences, the following amendments are<br />

required:<br />

i. The kitchen louver window (W5) and the laundry window (W6) are to be obscure<br />

glazed and restricted to a 45 degree opening.<br />

ii. The first floor window (W4) to have a sill height of a minimum of 1.5m, or the lower<br />

section obscure glazed and fixed to a height of 1.5m.<br />

iii. The glazing to the rear first floor balcony balustrade to be of an obscure finish.<br />

Alternatively, privacy screens in front of the above listed windows (ie W4, W5 and W6)<br />

are an option that the applicant may prefer in lieu of the above requirements.”<br />

Division<br />

For the Motion: Crs Betts, Burrill, Cusack, Goltsman, Guttman-Jones, Kay, Masselos,<br />

Mouroukas and Strewe.<br />

Against the Motion: Nil.<br />

J Perica (on behalf of the Applicant) addressed the meeting.<br />

D-1301.2<br />

5 Gilgandra Road, North Bondi – S96 modification to delete Condition 2(a) to allow a<br />

carport over the approved hardstand (DA 502/2008/A)<br />

Report dated 12 December 2012 from the Development and Building Unit.<br />

MOTION / UNANIMOUS DECISION (Goltsman / Guttman-Jones)<br />

That the application be approved in accordance with the conditions contained in this report.<br />

Division<br />

For the Motion: Crs Betts, Burrill, Cusack, Goltsman, Guttman-Jones, Kay, Masselos,<br />

Mouroukas and Strewe.<br />

Against the Motion: Nil.<br />

J Ezer (Applicant) addressed the meeting.<br />

This is page 2 of the Minutes of the Development Control Committee Meeting held on Tuesday, 29<br />

January 2013<br />

<strong>MAYOR</strong>


D-1301.3<br />

15 Cross Street, Bronte – Provision of a hardstand car space in the front setback, and<br />

new front fence (DA 470/2012)<br />

Report dated 15 January 2013 from the Development and Building Unit.<br />

MOTION / UNANIMOUS DECISION (Kay / Mouroukas)<br />

That the application be deferred in order to allow <strong>Council</strong> Officers to assess amended plans,<br />

as requested by the applicant.<br />

Division<br />

For the Motion: Crs Betts, Burrill, Cusack, Goltsman, Guttman-Jones, Kay, Masselos,<br />

Mouroukas and Strewe.<br />

Against the Motion: Nil.<br />

D-1301.4<br />

281 Bondi Road, Bondi – Modifications to floor plans, structural wall changes,<br />

increase patron numbers to the first floor and use terraces as standing smoking areas<br />

(DA 32/1989/A)<br />

Report dated 10 January 2013 from the Development and Building Unit.<br />

MOTION / UNANIMOUS DECISION (Mouroukas / Kay)<br />

That the application be approved in accordance with the conditions contained in this report,<br />

subject to the following amendments:<br />

1. Condition 16 be deleted and replaced with the following:<br />

“USE <strong>OF</strong> FIRST FLOOR FRONT AND REAR TERRACES<br />

The use of the rear first floor terrace as a smoking area for patrons is prohibited;<br />

however, the smaller front first floor terrace may be used by smokers provided that its<br />

use complies with the provisions of the Smoke-free Environment Act and associated<br />

Regulations.<br />

To mitigate potential amenity impacts on surrounding residential allotments, the first<br />

floor terrace is to be used in accordance with the following:<br />

(a). The first floor rear terrace is only permitted to be used between 5pm and 9pm,<br />

seven days a week. After 9pm, the terrace is not to be used and the access<br />

doors are to be closed and locked.<br />

(b). A maximum of 5 patrons from the first floor dining area are permitted on the rear<br />

terrace at any one time, and these 5 persons are to be included in the maximum<br />

of the 40 persons permitted.<br />

(c). No food or drink is permitted on the first floor terrace.<br />

This is page 3 of the Minutes of the Development Control Committee Meeting held on Tuesday, 29<br />

January 2013<br />

<strong>MAYOR</strong>


(d). No sound reproductive devices are to be installed or operated on the rear<br />

terrace.<br />

(e). Doors to the rear terrace are to be fitted with self closing devices. The restaurant<br />

operator and staff must ensure that patrons and staff do not hold open, or prop<br />

open, doors at any time.”<br />

2. Condition 25(c) be amended to now read as follows:<br />

“To preserve the amenity of surrounding residential areas, there is to be no bottle<br />

recycling or washing in the rear yard or laneway between 9pm and 8am, seven days a<br />

week.”<br />

Division<br />

For the Motion: Crs Betts, Burrill, Cusack, Goltsman, Guttman-Jones, Kay, Masselos,<br />

Mouroukas and Strewe.<br />

Against the Motion: Nil.<br />

K Brennan (Objector) and another Objector addressed the meeting.<br />

D-1301.5<br />

5 Roe Street, North Bondi – Section 96 modification to delete Condition 2(b) to allow<br />

for a single hardstand car space in front of the existing semi-detached dwelling<br />

(DA 496/2008/A)<br />

Report dated 16 January 2013 from the Development and Building Unit.<br />

MOTION / DECISION (Guttman-Jones / Goltsman)<br />

That the application be refused in accordance with the reasons contained in this report and<br />

the following additional reason:<br />

1. The installation of a driveway at the subject site would interfere with <strong>Council</strong>’s existing<br />

stormwater drain.<br />

Division<br />

For the Motion: Crs Betts, Burrill, Goltsman, Guttman-Jones, Kay, Masselos,<br />

Mouroukas and Strewe.<br />

Against the Motion: Cr Cusack.<br />

An Objector and C Di Veroli (on behalf of the Applicant) addressed the meeting.<br />

This is page 4 of the Minutes of the Development Control Committee Meeting held on Tuesday, 29<br />

January 2013<br />

<strong>MAYOR</strong>


D-1301.6<br />

19 Lamrock Avenue, Bondi Beach – known as ‘Lamrock Lodge’ – Part third floor<br />

addition to rear of building for a caretakers unit to a backpackers accommodation<br />

(DA 472/2012)<br />

Cr Strewe declared a less than significant non pecuniary interest in this item and informed<br />

the meeting that she knows the applicant.<br />

Cr Strewe was not present in the Chamber during the discussion and vote on this item.<br />

Report dated 17 January 2013 from the Development and Building Unit.<br />

MOTION / UNANIMOUS DECISION (Betts / Goltsman)<br />

That the application be approved in accordance with the conditions contained in this report.<br />

Division<br />

For the Motion: Crs Betts, Burrill, Cusack, Goltsman, Guttman-Jones, Kay, Masselos,<br />

and Mouroukas.<br />

Against the Motion: Nil.<br />

D-1301.7<br />

39 Hall Street, Bondi Beach – Section 96 modification to delete condition 57 and<br />

amend condition 58 regarding liquor service (DA 250/2011/C)<br />

Report dated 16 January 2013 from the Development and Building Unit.<br />

MOTION / UNANIMOUS DECISION (Betts / Burrill)<br />

That the application be refused in accordance with the reasons contained in this report.<br />

Division<br />

For the Motion: Crs Betts, Burrill, Cusack, Goltsman, Guttman-Jones, Kay, Masselos,<br />

Mouroukas and Strewe.<br />

Against the Motion: Nil.<br />

R Carol (on behalf of the Applicant) addressed the meeting.<br />

<strong>THE</strong> MEETING CLOSED AT 7.51PM<br />

SIGNED AND CONFIRMED <strong>MAYOR</strong><br />

19 FEBRUARY 2013<br />

This is page 5 of the Minutes of the Development Control Committee Meeting held on Tuesday, 29<br />

January 2013<br />

<strong>MAYOR</strong>

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