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.

Council: Cumberland Council

Meeting: 11 Nov 2026

Recorded status: approved


BRIEF

The Cumberland Local Planning Panel approved DA2026/0584 for a single-storey secondary dwelling at 11A Duke Street, Merrylands, subject to conditions in Council’s assessment report. The panel also supported a Clause 4.6 variation to the minimum site-area standard under State Environmental Planning Policy (Housing) 2021. The recorded vote was four in favour and none against.


KEY FACTS

- 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.


ANALYSIS OF THE RECORD

- 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?


SOURCE PASSAGES

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)

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)

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)

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)


SOURCES

https://cumberland.infocouncil.biz/RedirectToDoc.aspx?URL=Open/2026/11/ELPP_11112026_MIN_3254.PDF

https://minutesradar.com/news/cumberland-infocouncil-cumberland-local-planning-panel-11-nov-2026-11-nov-2026-minutes-merrylands-panel-approves-secondary-dwelling-at-11a-duke-street/


Prepared from public council minutes using automated drafting and checks. No meeting attendance or interviews are implied. Check the original record and seek comment before republishing claims or analysis. Illustrations are generic, not depictions of actual projects.