Development Assessment Panel Meeting

                                                                                                                             01 Mar 2023









David Crofts (Independent Chair)

Chris Gee (Independent Member)

Michael Mason (Independent Member)

Group Manager Development Services (Dan Croft)


Other Attendees:

Pat Galbraith-Robertson (Development Assessment Planning Coordinator)

Grant Burge (Development Engineering Coordinator)




The meeting opened at 1.58pm




The Acknowledgement of Country was delivered.




02       APOLOGIES






That the Minutes of the Development Assessment Panel Meeting held on 15 February 2023 be confirmed.





There were no disclosures of interest presented.



05       DA2012 - 381.5 - Modification to Design of Previous Approved Subdivision at Lot 12 DP 1226839 Summer Circuit and Whitewater Terrace, Lake Cathie


Brad Lane (applicant)

Graham Burns (applicant)



That DA2012 - 381.5 for a modification to design of previous approved subdivision at Lot 3, DP 1247192 (now known as Lot 300 DP1278057) & Lot 12 DP1226839, Summer Circuit and Whitewater Terrace, Lake Cathie, be determined by granting consent subject to the recommended conditions and as amended below:

1.  Resolution as per recommendation, and subject to the following changes to conditions of consent.

Amend condition A(30) to read:

Notwithstanding any other conditions of this consent, a Subdivision Certificate may be issued for the Master Lots within the Hilltop Village area being Proposed Lots 101, 401 and an additional master lot containing proposed Lot 501 and 502, provided that:

i)          Adequate arrangements have been made to facilitate servicing of those lots, to the satisfaction of Council; and

ii)         Compliance is demonstrated with Conditions E3 and E4 as they relate to the lots being created; and

iii)        If unserviced Master Lots are proposed, a suitable restriction to the satisfaction of Council, must be provided to alert prospective purchasers that the subject lots are not serviced and that the servicing of the lots is to be provided at the expense of the owner of the land.4 

Amend condition E(22) to read:

The plan of subdivision and Section 88B instrument shall establish the following restrictive covenants; with the Council having the benefit of these covenants and having sole authority to release, vary or modify these covenants.  Wherever possible the extent of the land affected by these covenants shall be defined by bearings and distances shown on the plan of subdivision.

a.  Prohibiting direct vehicular access to and from Ocean Drive.

b.  With the exception of existing Lot 11 DP 1226839 to be altered by construction and dedication of Road 7, prohibit direct vehicle access to Road 7 and Road 9 other than the locations specified on the revised subdivision layout prepared by Land Dynamics Australia, dated 7 December 2022.

     Details are to be submitted to Council prior to issue of the Subdivision Certificate 4


2.  The Panel notes the absence of the mid-block pedestrian links and the importance of providing pedestrian connectivity. It recommends Council consider the importance of this matter in subsequent development applications on the site.












The meeting closed at 2.20pm