Pymble six-townhouse plan refused over site-size rule

A six-townhouse proposal at 14 Graham Avenue, Pymble, has been refused unanimously after the Ku-ring-gai Local Planning Panel found the site failed a minimum-dimensions requirement that could not be varied under the local environmental plan.

Application eDA0084/26 sought the demolition of existing structures and construction of six townhouses with basement parking. The panel amended the first refusal reason to state that the site did not meet the minimum dimensions specified in clause 6.6(2)(a) of the Ku-ring-gai Local Environmental Plan.

The amended reason states that clause 6.6(2) is a standalone control that overrides every other provision of the plan, including clause 4.6. The panel said the requirement was therefore not subject to the discretionary variation provisions in clause 4.6 and that the proposed development was prohibited on the site.

Ten submissions were received during notification and considered as part of the determination. Joe Banek and Gerard Crotty addressed the panel against the application before the public meeting closed.

The panel concurred with the recommendation in Ku-ring-gai Council’s Development Assessment Report and the reasons for refusal, as amended. The decision was made on 20 July 2026, with voting recorded as unanimous.

The refusal blocks the six-townhouse scheme considered in the application. It also records the panel’s interpretation that the clause 6.6(2) site-dimension requirement could not be varied through clause 4.6.

The panel also refused a separate subdivision and dwelling proposal at 12 Bungalow Avenue, Pymble. That application sought to divide one lot into two and build a dwelling on proposed Lot 121, which fronts Reservoir Road. The decision was unanimous, and no submissions were received.

At 2 Westbrook Avenue, Wahroonga, the panel unanimously approved the demolition of existing structures and subdivision into two lots, subject to conditions in the Development Assessment Report. That consent lapses if the approved works are not physically commenced within five years of the Notice of Determination.