27 February 2007 - Ordinary Meeting of Council (pdf. 14MB)

Ordinary Meeting of Council - 27 February 2007 2 / 21
20 to 22 Tryon Road, Lindfield
Item 2
DA0826/06
22 January 2007
LEP 194 Compliance DRAFT LEP Compliance
/ 92%
YES
(ground level)
/ 78%
Min 6m Kochia 6m
6m Kochia 6m
YES
Lane
Lane
FSR 1.3:1 1.29:1 YES 1.3:1 1.29:1 YES
On 27 May 2004, the Planning Minister directed Ku-ring-gai Council to prepare plans, pursuant to
section 55(1) of the Environmental Planning and Assessment Act 1979, for additional housing in
and around Ku-ring-gai’s key commercial centres and to provide for additional retail and
commercial demand to cater for the needs of the local community.
Ku-ring-gai Council has prepared a draft LEP and DCP consistent with the Ministers’ direction. On
30 June 2006, the NSW Department of Planning issued a conditional section 65 certificate
permitting public exhibition of Draft Ku-ring-gai Local Environmental Plan 2006 (Town centres).
This is the base written instrument for all six town centres in the Ku-ring-gai Council local
government area.
Public exhibition of the Lindfield Town Centre component of the Draft Plan has been completed
and on 18 and 19 December 2006, Council adopted Draft Ku-ring-gai Local Environmental Plan
(LEP) Amendment No. 3 and Draft Town Centres Development Control Plan (DCP) for the
Lindfield and Roseville Centres. Council is awaiting the Minister’s decision on the Draft LEP, in
accordance with section 70 of the Environmental Planning and Assessment Act 1979.
The provisions of the Draft LEP are a matter for consideration under section 79C of the
Environmental Planning and Assessment Act 1979, as the subject site is located in the Lindfield
Town Centre area. The provisions of a draft DCP, however, are not a matter for consideration
under Section 79C. The Lindfield Town Centre DCP, although adopted by Council on 19
December 2006, does not come into effect until the date of gazettal of Ku-ring-gai Local
Environmental Plan (LEP) Amendment No. 3.
Under the Draft LEP, the subject property is zoned R4 - High Density Residential. The draft
development standards conform with the existing development standards applicable to residential
flat development in the 2(d3) zone. The floor space ratio (FSR) in the draft Lindfield Town Centre
Plan also conforms with DCP 55, being a maximum of 1.3:1.
With regard to setbacks, the Draft DCP varies from the existing provisions contained in DCP 55.
The front setback control under DCP 55 for the subject site is 13m-15m, applying to both the Tryon
Road and Milray Street frontages. The setback control under the Draft DCP is 10m-12m for both
Tryon Road and Milray Street. The proposed development has been designed with regard to the
Draft DCP controls and has setbacks at ground level of between 10m and 33m from Tryon Road
and 10m to 17.5m from Milray Street. Front setbacks are discussed further in this report in relation
to DCP 55.
The proposal is compliant with the 6m minimum setback which applies to the Kochia Lane frontage
under both DCP 55 and the draft DCP.
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