Cumberland Local Planning Panel - 11 Mar 2026

Key decisions

• Approved modification for aged care facility at 535 Merrylands Road
  Modification Application No. MOD2025/0347 under section 4.55(2) was approved for the already approved aged care facility at 535 Merrylands Road, Merrylands. The modification seeks to increase the height of the lift overrun and relocate the electrical switch room, subject to conditions in Council’s assessment report.
  Residents near the site may see minor built form changes to the approved facility, but the panel found no unreasonable amenity impacts on neighbouring properties or the locality.
• Planning standard variation accepted
  The panel accepted the applicant’s written request to vary the development standard relating to residential floor space ratio under Clause 4.4(2F) of the Cumberland Local Environmental Plan 2021, finding the Clause 4.6 request adequately addressed required matters. This resolution was carried on the Chairperson’s casting vote after the panel split evenly.
  This allowed the modification to proceed despite a planning standard contravention, which may concern residents interested in building scale and planning rule compliance.
• Public access condition added
  An additional condition of consent was added to ensure ongoing public access along the accessway.
  This may protect continued public access through or beside the development site.

Important topics

• Dispute over height variation
  Two panel members dissented, saying the Clause 4.6 request did not show sufficient environmental planning grounds to vary the 39m building height standard by 4.46m, described as an additional floor level plus lift overrun.
  This highlights community-relevant concerns about building height, scale and precedent in the area.
• Amenity impacts considered acceptable
  The panel concluded that, subject to conditions, the proposal would not have unreasonable impacts on the amenity of neighbouring properties or the locality.
  Nearby residents were identified as not facing unreasonable additional impacts under the approved modification.

Resident impacts

• The approved aged care development in Merrylands can proceed with a higher lift overrun and relocated electrical switch room.
• A condition was added to protect ongoing public access along an accessway.
• The decision involved a disputed planning variation, indicating some panel concern about building height and development standards.
• The panel found no unreasonable amenity impacts on neighbouring properties, subject to conditions.

Places affected

• 535 Merrylands Road, Merrylands NSW 2160 (development site)
  Site of the approved aged care facility modification application.
• Merrylands (suburb)
  Suburb where the affected development site is located.

Next steps

• Modification approval to proceed subject to the conditions attached to Council’s assessment report, including the added public access condition.
  Following the panel decision on 11 Mar 2026

Extracted minutes text

Cumberland Local Planning Panel Meeting 11 March 2026 Minutes of the Cumberland Local Planning Panel Meeting held via Zoom on Wednesday, 11 March 2026. PRESENT: Michael Leavey Chairperson Garry Chapman Expert Member Wayne Carter Expert Member Michael Northey Community Member IN ATTENDANCE: Jai Shankar Executive Manager City Planning and Development Michael Lawani Coordinator Major Development Assessment Bhavisha Sheth Coordinator Fast Track Development Assessment Esra Calim Coordinator Planning Operations Ana Ghafari Acting Senior Development Advisory Planner Harley Pearman Executive Planner Haroula Michael Executive Planner Nighat Aamir Senior Development Planner Rachelle Succar Developmen...