Housing & planning · Cumberland Council
Merrylands panel approves secondary dwelling at 11A Duke Street
DA2026/0584 was approved after the Cumberland Local Planning Panel supported a Clause 4.6 variation to the minimum site-area standard under the Housing SEPP.
Reporting from public council minutes. How this article was prepared
A single-storey secondary dwelling has been approved at 11A Duke Street, Merrylands, after the Cumberland Local Planning Panel supported a variation to the minimum site-area standard under State Environmental Planning Policy (Housing) 2021.
The panel’s 11 November minutes record approval of DA2026/0584, subject to conditions attached to Cumberland Council’s assessment report. The Clause 4.6 variation request, dated 1 October 2026, concerned the standard in section 53(2)(a) of the Housing SEPP.
In its recorded reasons, the panel said the applicant’s request showed that complying with the minimum-lot-size standard was unreasonable and unnecessary in the circumstances, and that there were sufficient environmental planning grounds for the variation. It also said the development was generally consistent with the objectives of the R2 Low Density Residential zone under the Cumberland Local Environmental Plan 2021.
The panel said the proposal would not have unreasonable impacts on neighbouring properties or the locality, subject to the recommended conditions. The minutes do not reproduce those conditions, so the record does not establish the detailed requirements for the approved development.
All four listed panel members voted for the application, with no votes against: Chairperson Michael Leavey, Garry Chapman, David Milliken and Yakub Comert. This report is based on the supplied Cumberland Council minutes and does not establish whether construction has started or whether the consent has been implemented.
What deserves a closer look
The minutes record the approval and the panel's assessment of likely impacts, but do not reproduce the conditions attached to Council's assessment report.
The record does not state the site area, the extent of the shortfall against the minimum-site-area standard, or whether construction has begun.
Questions for follow-up reporting
What conditions were attached to the assessment report, particularly those governing the approved dwelling's site impacts?
What is the site area and the applicable minimum-site-area standard for the application?
Has the approved consent been issued or construction commenced?
Check the record
These passages were matched to the source text. Read them in context in the original minutes.
The panel supported the Clause 4.6 variation request concerning the section 53(2)(a) development standard.
DECLARATIONS OF INTEREST: There were no declarations of interest. ITEM ELPP035/26 - DEVELOPMENT APPLICATION - 11A DUKE STREET, MERRYLANDS PANEL DECISION: 1. That the Clause 4.6 variation request, dated 1 October 2026, to contravene the Section 53(2)(a) development standard, pursuant to State Environmental Planning Policy (Housing) 2021, be supported.
Item ELPP035/26
Open original minutes ↗DA2026/0584 concerns the construction of a single-storey secondary dwelling at 11A Duke Street, Merrylands.
2. That Development Application No. DA2026/0584 for the construction of a single storey secondary dwelling pursuant to State Environmental Planning Policy (Housing) 2021 on land at 11A Duke Street MERRYLANDS be approved subject to the conditions attached to Council's assessment report.
Item ELPP035/26
Open original minutes ↗The panel recorded its reasons concerning the minimum-lot-size variation, R2 zone consistency and impacts on neighbouring properties and the locality.
2. The Panel is satisfied that the applicant's written request dated 1 October 2026 to vary the Development Standard relating to minimum lot size under Section 53(2)(a) of State Environmental Planning Policy (Housing) 2021 has adequately addressed the matters required to be demonstrated by Clause 4.6 (3) and has demonstrated that: (a) compliance with the standard is unreasonable and unnecessary in the circumstances of the case, and (b) there are sufficient environmental planning grounds to justify the contravention. 3. The development is generally consistent with the objectives of the R2 Low Density Residential zone of the Cumberland Local Environmental Plan 2021. 4. Subject to the recommended conditions of consent, the proposal will not have any unreasonable impacts on the amenity of neighbouring properties or the locality.
Item ELPP035/26 — reasons for decision
Open original minutes ↗The recorded vote was four in favour and none against.
For: Michael Leavey (Chairperson), Garry Chapman, David Milliken and Yakub Comert. Against: Nil. ITEM ELPP036/26 - DEVELOPMENT APPLICATION - 57-61 PEGLER AVENUE, SOUTH GRANVILLE PANEL DECISION: 1.
Item ELPP035/26 — vote immediately before the Item ELPP036/26 heading
Open original minutes ↗Source record
Reporting from the supplied Cumberland Council minutes for the Cumberland Local Planning Panel meeting held on 11 November 2026.
Key facts from the minutes
- DA2026/0584 for a single-storey secondary dwelling at 11A Duke Street, Merrylands was approved.
- The panel supported a Clause 4.6 variation to the minimum site-area standard under section 53(2)(a) of State Environmental Planning Policy (Housing) 2021.
- Approval is subject to the conditions attached to Cumberland Council’s assessment report.
- The panel said the development was generally consistent with the R2 Low Density Residential zone and would not have unreasonable impacts subject to conditions.
- The recorded vote was four in favour and none against.
Why it matters
- The approval permits a secondary dwelling at a low-density residential site in Merrylands. The detailed conditions governing the development are contained in Council’s assessment report, rather than the minutes reviewed for this report.