Independent Hearing and Assessment Panel Report| 6 April 2016
IHAP No.
Item 2
DA No.
DA-2015/1638
Proposal
Residential - multi dwelling housing comprising three (3) x two (2) storey dwellings
and Subdivision - strata title - three (3) residential lots - Renotified due to amended
plans
Property
Lot 60 DP 1058949
40 Gerongar Crescent, HAYWARDS BAY NSW 2530
Applicant
Champion Homes
Panel
Alison McCabe (Chair), Rajiv Shankar and Nicholas Skelton (Independent)
Staff in
Attendance
Mark Riordan (Manager Development Assessment and Certification), John Wood
(City Wide Manager), Jessica Saunders (Development Project Officer) and Lauren
Wilson (IHAP Coordinator)
Apologies
Bernard Hibbard, Community Representative.
Pecuniary Interest
None of the Panel members had any pecuniary interests relating to this matter.
Panel Commentary:
The Panel inspected the site.
The Panel had the opportunity to hear from a number of residents who raised issues with
respect to restriction on title, car parking, precedent, adequacy of bus services, recreation
facilities, emergency vehicle access, impact on crime rate and property value and general
neighbourhood character. There was concern expressed about the variations to the Section
88B Instrument.
The Panel is of the view that the proposal is in accordance with the Planning Framework and
has merit. The proposal complies with car parking controls and the key standards for
development and does not result in any unreasonable amenity impacts. It notes that a
technical assessment of the capacity of the road system to accommodate the development
was found to be adequate.
The full details of the Section 88B Instrument was not contained in the report. The Panel is
of the view that a supplementary report is required to address:
1
Applicability of the provisions of Clause 1.9A of the Wollongong Local Environmental
Plan 2009, and
2
An analysis of compliance or otherwise of the proposal with the relevant provisions
of the Section 88B and reasons for variation.
LIS | LAP | DAC | IHAP03| 03217986.doc
Independent Hearing and Assessment Panel Report| 6 April 2016
While the Panel notes that the mechanism for variation, modification or revocation to
Section 88B Instruments is a property matter, separate to a Development Application
assessment, the provisions of the Section 88B are a matter for consideration.
Recommendations
1
That Council officers clarify the applicability of the provisions of Clause 1.9A of
Wollongong Local Environmental Plan 2009 and document the variation to the
Section 88B.
2
The Panel is of the view that three town houses in accordance with the development
as proposed could be approved subject to clarification of Point 1 and conditions
contained in the officer’s report.
Voting
The voting in respect of this matter was 3/0.
LIS | LAP | DAC | IHAP03| 03217986.doc