AGENDA - IHAP

Meeting:

Georges River Independent Hearing Assessment Panel (IHAP)

Date:

Thursday, 15 June 2017

Time:

4.00pm

Venue:

Marana Auditioriunm, Civic Centre, Hurstville

Participants:

Paul Vergotis (Chairperson)

Gabrielle Morrish (Panel Member)

Juliet Grant (Panel Member)

George Vardas (Community Member)

Additional Invitees:

Meryl Bishop (Director – Environment and Planning)

Tina Christy (Manager – Development and Building)

Cathy Mercer (Admin Assistant)

Monica Wernej (Admin Assistant)

 

  

1. On Site Inspections - 1.00pm – 3.30pm

a)    45 Princes Highway Kogarah

b)    56 Llewellyn Street Oatley

c)    76 Scott Street Mortdale

 

 

 

Break - 3.30pm

2. Public Meeting – Consideration of Items 4.00pm 6.00pm

Public Meeting Session Closed - 6.00pm

(Break – 6.00pm)

3. Reports and IHAP Deliberations in Closed Session - 6.30pm

 

 

 

 

Item:

DA No:

Address:

Description:

3.1

DA2016/0090

76 Scott Street Mortdale

Demolition of existing structures and construction of a child care centre for 40 children

3.2

DA2016/0183

45 Princes Highway Kogarah

Demolition of existing buildings and construction of a ten (10) storey mixed use development consisting of ground floor tenancy and fifty five (55) residential apartments with basement car parking

3.3

DA2016/0280

56 Llewellyn Street Oatley

Demolition of existing dwelling and construction of a three storey split level dwelling with swimming pool to rear

 

 

 

 

 

4. Confirmation of Minutes by Chair

 


Georges River Council – Independent Hearing and Assessment Panel Thursday, 15 June 2017

Page 3

 

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 15 June 2017

 

IHAP Report No

3.1

Application No

DA2016/0090

Site Address & Ward Locality

76 Scott Street Mortdale

Mortdale Ward

Proposal

Demolition of existing structures and construction of a child care centre for 40 children

Report Author/s

Senior Development Assessment Officer, Paula Bizimis

Owners

Y Zhang and C Li

Applicant

C Li and Y Zhang c/- Archizen Architects

Zoning

Zone R2 - Low Density Residential

Date Of Lodgement

19/04/2016

Submissions

Eight (8) submissions including a petition with fourteen (14) signatures

Cost of Works

$950,000.00

Reason for Referral to IHAP

Submissions received

 

 

Recommendation

THAT the application be approved in accordance with the conditions included in the report

 

Site Plan

 

Executive Summary

1.   Development consent is sought for the demolition of existing structures and construction of a part 1/part 2 storey child care centre for forty (40) children.

2.   The application has been assessed against the relevant planning instruments and Development Control Plan and complies.

3.   The application was notified to nineteen (19) residents/owners in accordance with the requirements of Hurstville Development Control Plan No 1 and eight (8) submissions including a petition with fourteen (14) signatures were received in reply. The issues raised in the submissions are detailed in the report. The applicant has amended the application to address the issues raised in the submissions.

 

Report in Full

 

DESCRIPTION OF PROPOSAL

1.         The application seeks approval for the demolition of existing structures and construction of a part 1/part 2 storey child care centre for forty (40) children. Details of the proposed child care centre are as follows:-

 

Number of children:         Forty (40) children comprising fourteen (14) children 0-2 years old, six (6) children 2-3 years old, twenty (20) children 3-6 years old.

 

Hours of operation:         7.30am to 6.00pm Monday to Friday

 

Number of staff:               Eight (8) staff

 

Fences:                            1.8m high combination of metal slat fence with polycarbonate sheets or 1.8m clear acoustic barrier on the Scott Street frontage. Breakwell Street frontage will have 1.8m high security gate and fence. Common boundary fencing will be 2.1m high fence as recommended by Acoustic report.

 

Lower ground floor:         Eleven (11) car spaces including four (4) car spaces for staff, seven (7) car spaces for parents (pick-up/drop off), including one (1) accessible car space, lobby and lift area, stairs to upper ground floor, store room, garbage room, plant room.

 

Upper ground floor

plan:                                  Entry foyer/reception, office, staff room, laundry, kitchen, accessible toilet, lift and stairs to the lower ground floor, playrooms 1, 2 and 3 with associated toilets, storerooms, cot rooms. Outdoor play areas are located adjoining the front and part of the side (north) boundaries. A covered outdoor balcony will also be provided adjoining the Breakwell Street frontage.

 

Plan of management:     A plan of management has been submitted with the application which provides details of the operation and management of the child care centre.

 

DESCRIPTION OF SITE AND LOCALITY

2.         The subject site is located on the eastern side of Scott Street at the corner of Breakwell Street Mortdale. The site comprises one (1) lot known as 76 Scott St and has a frontage of 20.77m frontage to Scott Street (including the splay at the corner) and 19.505m width along the rear boundary and a site area of 798sqm. The site has a slope from the front of the site to the rear of the site of approximately 3.5m.

 

Existing on the site is a single storey dwelling with outbuildings. The site also contains several trees primarily along the boundaries and a street tree at the front of the site on Breakwell Street.

 

Adjoining the site on the northern boundary on Scott Street is a two (2) storey dwelling house and adjoining the site on the eastern boundary on Breakwell Street is a single storey dwelling. On the opposite side of Scott Street is Penshurst West Public School. The area surrounding the subject site is characterised by dwelling houses, dual occupancies and multiple dwelling developments.

 

HISTORY

3.         19 Apr 16       Development Application lodged.

22 Aug 16      Request for information sent to applicant.

10 Apr 17       Amended plans and information received. The amended plans and information include changes to the design of the development to relocate a play area away from the adjoining residential development, amending the front and side boundary fences to incorporate polycarbonate sheeting, amending the acoustic report to reflect the amended plans, amending the traffic report to correct an error relating to the date of the traffic counts.

 

COMPLIANCE AND ASSESSMENT

4.         The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. 

 

Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

5.         The subject site is zoned R2 – Low Density Residential and the proposed development, being the construction of a Child Care Centre is permissible in the zone with the consent of Council. The relevant clauses of the Local Environmental Plan which apply to the proposed development are detailed below.

 

Clause

Standard

Proposal

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

Consistent with the aims of the plan

Yes

1.4 - Definitions

“Child Care Centre”

The proposed development is defined as a Child Care Centre

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of R2 Low Density Residential Zone

 

Development must be permissible with consent

Meets objectives and is a permissible development with consent

Yes

2.7 - Demolition

Demolition is permissible with consent

The proposed demolition can be supported with standard demolition conditions of consent

Yes

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

8.5m maximum

Yes

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

FSR = 0.35:1

(0.41:1 if additional 4 car spaces proposed is included in the floor area)

Yes

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

In accordance with Cl. 4.5

Yes

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP1

The site contains several trees that will be removed to accommodate the proposed development. The application is supported by an arborist’s report which identifies that the trees are not significant species. Seven (7) trees including one (1) street tree will be retained. This is discussed further in the report below.

Yes

6.7 – Essential Services

The following services that are essential for the development shall be available or that adequate arrangements must be made available when required:

 

* Supply of water, electricity and disposal and management of sewerage

 

 

* Stormwater drainage or on-site conservation

 

 

* Suitable vehicular access

 

 

 

 

 

 

Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land.

 

The proposed development can drain to the street. Council’s Development Engineer has raised no objection, subject to conditions of consent.

 

One (1) new driveway crossing from Breakwell Street (standard conditions for the submission of separate vehicular crossing applications and driveway design).

Yes

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

6.         Compliance with the relevant state environmental planning policies is detailed in the table below.

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

State Environmental Planning Policy 55 – Remediation of Land

Yes

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

N/A

 

Draft Environmental Planning Instruments

7.         No Draft Environmental Planning instruments affect the proposed development.

 

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

 

Demolition

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.

 

Development Control Plans

8.         The provisions of development Control Plan No 1 applies to the proposed development with the relevant sections.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

9.         The application is accompanied by a report entitled Traffic and Parking Impact Assessment (prepared by Hemanote Consultants, dated 29 December 2015). The report identifies that the proposed car parking area complies with the relevant Australian Standards in terms of car space size and manoeuvring areas for pick up and drop off movements. The development has also been assessed in terms of traffic generation and found that it would not result in unacceptable peak hour traffic generation. The proposed development complies with the car parking provisions of Section 3.1 as follows.

 

Section 3.1

Requirements

Proposed

Complies

3.1.2.1 (table) – Child care centres

1 space per 2 staff (8 staff) = 4 car spaces

 

Short term drop off and pick up spaces at 1 space per 15 children (separate entry and exit possible as aisle width allows separate movements)

(40 children) = 3 car spaces

 

Total required = 7 car spaces

Staff = 4 car spaces

 

 

Parents = 7 car spaces

 

 

 

 

 

 

Total provided = 11 car spaces

Yes

 

The proposed development provides four (4) additional parent spaces above that required by Development Control Plan No 1. This will assist in reducing any on street parking. The Traffic and Parking Impact Assessment was examined the Council Manager – Infrastructure Planning who has advised that the traffic and parking related impacts from the proposed development are acceptable and no objection is raised to the proposed childcare centre.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.3 ACCESS AND MOBILITY

10.       The proposed development complies with the provisions of section 3.3 as follows.

 

Section 3.3

Requirements

Proposed

Complies

Access requirements

Access for all persons through the principal entrance and access to appropriate sanitary facilities in accordance with the BCA and relevant Australian Standards

Access provided to all areas of the child care centre and sanitary facilities provided

Yes

Accessible car spaces

1 space per 20 spaces or part thereof, where parking areas have more than 20 spaces but less than 50 spaces (11 spaces provided) = No spaces required as less than 20 provided

1 accessible space is provided

Yes

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

11.

Section 3.4

Requirements

Proposed

Complies

Fencing

Allows natural surveillance to street

Fencing proposed is appropriate and provides appropriate surveillance to the street whilst reducing acoustic impact on adjoining developments

Yes

Blind Corners

To be avoided

No blind corners evident

Yes

Communal Areas

Provide opportunities for natural surveillance

Windows of the indoor play areas and staff areas provide surveillance

Yes

Entrances

Clearly visible and not confusing

The entry to the child care centre is clearly defined

Yes

Site and Building Layout

-   Provide surveillance opportunities

-   Building addresses street

-   Offset windows

Surveillance opportunities provided.

The building addresses the street frontage.

Windows facing adjoining properties are minimised and offset.

Yes

 

 

Lighting

-   Diffused/movement sensitive lighting provided externally

-   Access/egress points illuminated

-   No light spill towards neighbours

-   Hiding places illuminated

-   Lighting is energy efficient

These requirements can be conditions of consent, should the application be approved

Yes

Landscaping

-   Avoid dense medium height shrubs

-   Allow spacing for low growing dense vegetation

-   Low ground cover or high canopy trees around car parks and pathways

The landscape plan submitted with the application has been prepared by a landscape architect and provides appropriate planting to the site

Yes

Building Identification

-   Clearly numbered buildings

-   Entrances numbered

-   Unit numbers provided at entry

These requirements can form conditions of consent, should the application be approved

Yes

Security

Provide an appropriate level of security

Sufficient level of security provided

Yes

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

Fencing, landscaping, entry area and driveways indicate ownership

Yes

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.5 ENERGY EFFICIENCY

12.       The provisions of Section 3.5 relating to solar access to adjoining developments apply to the proposed development. The proposed development complies with the requirements of Development Control Plan No 1 in that adjoining developments will receive minimum 3 hours solar access between 9am and 3pm on 21 June to the private open space area.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON SITE DETENTION

13.       The proposed development can drain to the street via gravity. Council’s Development Engineer has raised no objection to the application, subject to conditions of consent being attached to any consent granted.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.8 FENCES ADJACENT TO PUBLIC ROADS

14.       The proposed development includes a 1.8m high fence on the Scott Street and Breakwell Street frontages and a 2.1m high acoustic fence on the side and rear boundaries. The proposed fencing is appropriate and consistent with the provisions of Development Control Plan No 1. The proposed fencing is discussed further in the report under ‘Referrals, Submissions and the Public Interest’.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.9 WASTE MANAGEMENT

15.       A waste management plan has been provided which satisfies the requirements of Section 3.9. The proposed development can provide appropriate waste facilities on site.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.11 PRESERVATION OF TREES AND VEGETATION

16.       The subject site contains several trees. An Arboricultural Assessment Report has been submitted with the application (prepared by Tree and Landscape Consultants, dated 5 April 2016). The report identifies that most trees on the site (except two (2) trees) can be removed as they are small species or are located within the footprint of the development.

 

The landscape plan submitted with the application nominates the retention of seven (7) onsite trees and one (1) street tree and incorporates them into the landscape plan. One (1), tree being a palm tree, has been requested to be removed by the neighbour, and no objection is raised to this. As such six (6) onsite trees and one (1) street tree will be retained. The landscape plan provides appropriate planting to the child care centre and perimeter planting on the boundaries which will screen the development from the adjoining residential developments.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 5.4 CHILD CARE CENTRES

17.       The proposed child care centre has been assessed against the requirements of section 5.4 as shown below.

 

Section 5.4

Standard

Proposed

Complies

5.4.5.1 Locational Criteria

Should be located close to community focal points

The site is located in the vicinity of Penshurst West Public School

Yes

Minimum site area of 500sqm

798sqm

Yes

Minimum frontage of 18m where separate entry and exit one way drive-through access is proposed.

20.77m frontage to Scott Street (including splay at the corner) and 19.505m width along the rear boundary

Yes

Sites must not have a property boundary to a state road

The site does not adjoin a state road

Yes

Site must be at least 300m away from telecommunications towers, large over-head power wires, any other inappropriate area

The subject site is not within 300m of telecommunications towers, power lines, or other inappropriate structures or uses

Yes

Approval will not be given to sites which are less than 55m from an LPG above ground gas tank or tanker unloading position

The site is not located near an LPG tank or tanker unloading position

Yes

Analysis of existing and/or potential site contamination

As the previous use of the site was for residential purposes, no significant contamination is likely to be present on the site

Yes

Approval will not be given to sites located within cul-de-sacs or closed roads

The site is not located within a cul-de-sac or closed road

Yes

Child care centres are not to be located on bushfire or flood prone land, or located adjoining drug clinics or other inappropriate land uses

The site is not on bushfire or flood prone land

Yes

Proposals must be accompanied by a Traffic Impact Statement provided by a qualified Consultant

A Traffic and Parking Impact Assessment report has been provided as detailed in the report above

Yes

5.4.6 Cumulative Impacts from Centres within Residential Areas

Only one child care centre is permitted at an intersection

No other child care centre located at this intersection

Yes

Child care centres will not be permitted on land adjoining any other existing or approved child care centre

The site does not adjoin any other existing or approved child care centres

Yes

Only one child care centre is permitted per street block

No other child care centre is located on the same block

Yes

5.4.8 Size of Centres and Child Age Groups

Maximum 40 children within the R2 - Low Density Residential

Maximum 40 proposed

Yes

Minimum number of places within the 0-2 year age group is to be the same as the % of 0-2 year olds in the under 5 years population at most recent census  (which is 35% from the 2011 census) = 14 children

14 children = 35%

Yes

5.4.9.1 Building Form and Appearance

Height – Single storey in the R2 Low Density Residential Zone

 

Note: Where a child care centre is within a dwelling house the maximum height is 2 storeys (with the child care centre component a maximum of 1 storey

The child care centre component of the development is located within a single storey. Part of the development is two (2) storeys as the car parking area is located within a lower ground floor. This is a result of the topography of the site which has a slope to the rear of the site. A lower ground floor area has been provided to the rear of the site to allow access from Breakwell Street. The car park is open on its perimeter and does not result in additional walls or structures beyond the common boundary fencing.

 

This design is an appropriate response to the topography of the site and does not result in unacceptable bulk and scale. 

Acceptable

5.4.9.2 Setbacks

Front Setback:

5.5m to primary frontage

 

10.365m (6.265m to covered transition area)

Yes

Side Setback: 0.9m

1.5m – 5.24m

Yes

Rear Setback: 3m

6m

Yes

5.4.9.3 Relationships to Adjoining Properties

 

Impacts of the following to be considered:

 

-Play areas – indoor and outdoor

 

 

 

 

 

 

 

 

 

-Windows and doors (particularly those associated with indoor play areas)

 

 

-Verandahs

-Point of entry

-Pick-up and drop-off points

 

 

 

 

 

-Any plant equipment which may be required within the context of the centre

 

 

 

 

 

 

 

 

 

 

-Openings such as windows and doors should not correspond with existing opening on adjoining properties

 

 

 

-The play areas will not result in any unreasonable impacts on adjoining properties subject to the adoption of the recommendations of the acoustic report. One of the play areas originally proposed adjoining the north elevation has been relocated to adjoin the Breakwell Street frontage.

 

-Windows to the indoor play areas are located facing away from the adjoining properties and primarily face the street frontages.

 

-The location of the verandah, points of entry and pick up and drop off points would not result in any significant impacts and have been located away from the adjoining residential developments where possible.

 

-Details of mechanical plant equipment have been provided which have been acoustically treated to reduce noise impacts on adjoining developments by being located in the lower ground floor level. The acoustic report contains recommendations to ensure it complies with relevant acoustic levels which will be required as a condition of consent.

 

-New openings do not correspond with adjoining properties

Yes

 

 

 

5.4.9.4 Solar Design and Energy Efficiency

A minimum of 3 hours sunlight between 9am and 3pm is to be maintained to adjoining private open space, habitable rooms and solar collectors

Complies

Yes

5.4.9.5 Building Detail

The design of the centre must provide strong visual links between indoor and outdoor spaces

Satisfactory

Yes

5.4.9.6 Building Colours

No bright colours are permitted. A schedule of colours and materials is to be submitted.

Satisfactory

Yes

5.4.10.1 Parking and Driveway

1 space for every 2 staff members = 4 spaces

1 space per 15 children = 3 spaces

 

Total = 7 spaces

Staff = 4 spaces

 

Parent = 7 spaces

 

 

Total = 11 spaces

Yes

Vehicles must be able to enter and leave the site in a forward direction

Vehicles can enter and exit in a forward direction

Yes

Bike racks must be provided on site.

1 required

Bike area provided

Yes

Driveway crossing on corner allotments must not be located closer than 9m to the property alignment at the intersection

Driveway is more than 9m from intersection

Yes

Landscaping and paving design associated with driveways  must achieve the following:

 

-Pedestrian safety and visibility

-Level, hard surface from vehicles to entry point

-Satisfactory manoeuvrability for disabled persons and/or prams

-Clear delineation between driveway and yard areas

Satisfactory

Yes

A “Neighbourhood Parking Policy” and a “Motor Vehicle and Pedestrian Risk Assessment Report” must be submitted for Council’s consideration

 

The submitted Traffic and Parking Impact Assessment report considers pedestrian safety and on street parking. The report was reviewed by Council’s Manager - Infrastructure Planning and found to be acceptable.

Yes

Physical demarcation is required to be provided between pedestrians and vehicular access ways to ensure pedestrian safety

Provided

Yes

5.4.10.2 Traffic Considerations

Council to consider traffic and safety impacts

The submitted Traffic and Parking Impact Assessment report considers pedestrian safety and on street parking. The report was reviewed by Council’s Manager - Infrastructure Planning and found to be acceptable.

Yes

Consideration of traffic impacts between 7.30am-9am and 3.30pm-6pm.

The submitted traffic report includes traffic counts conducted for peak periods and concludes that no significant traffic impact would arise. Council’s Manager - Infrastructure Planning has found this to be acceptable.

Yes

5.4.10.3 Access for Persons with Limited Mobility

-Disabled access is to be provided from the street to the main entrance

 

-Disabled access ramp is to be provided to the playground areas

-Ramp provided to the entrance and lift provided from the car parking area

 

-Level access is provided to the playground areas

Yes

5.4.11.1 Tree Preservation and Planting

A 1m wide landscaped area is required to be provided along the front setback

Minimum 1m landscaped area (screen planting) is provided along the Scott Street and most of the Breakwell Street frontage

Yes

Screen planting is to be provided along the side boundaries

Screen planting is proposed along the side and rear boundaries of the site

Yes

5.4.11.3 Drainage

Play areas must be capable of rapid clearance of surface water

Acceptable

 

Yes

5.4.12.1 Indoor Spaces

Area for administration, private consultation and staff respite

An office and staff room is provided

Yes

3.5sqm unencumbered space per child (40 children proposed) = 140sqm required

 

3.25sqm required under NSW licensing requirements = 130sqm

Room 1 = 46sqm

Room 2 = 20sqm

Room 3 = 65sqm

Total = 131sqm provided which complies with the NSW licensing requirements

Yes

5.4.12.2 Outdoor Spaces

7sqm per child  (40 children proposed) = 280sqm required

280sqm provided (including the verandah as it is more than 2m wide)

Yes

Must receive 2 hours sunlight during operating hours

Minimum 2 hours sunlight achieved

Yes

Play area must not include areas with a width of less than 2.5m

All areas more than 2.5m in width

Yes

Min 15m long lawn space

Satisfactory

Yes

Should generally include the following:

 

-Open area of 1/3 – 1/2 of the playground area

-Quiet area of 1/4 – 1/3 of the playground area

-Active area of 1/3 of the playground area

Complies

 

Yes

2.5sqm per child to be covered (40 children proposed) = 100sqm

Shade structures provide appropriate shading

 

Yes

Sandpits to be designed to meet controls

Sandpit complies with controls subject to a condition requiring compliance with regulations

Yes

5.4.12.3 Verandahs

Verandahs are to be equal to 1.25sqm per child and covered = 50sqm

>50sqm and covered

 

 

Yes

Should have a width of 2.5m but 2m will be considered as a minimum

>2.5m

Yes

5.4.12.4 Signage

Signage to complement the streetscape and not be intrusive

Signage not proposed as part of application

N/A

5.4.12.5 Entry and Security Requirements

Legible entry points to be located within the view of the main office

Complies

Yes

Playground to be fenced

2.1m high fencing proposed as recommended in the acoustic report

Yes

Gates or opening devices to be fitted with a childproof latch or self-locking device

Satisfactory

Yes

5.4.13.1 through to 5.4.13.12 relate to facilities within the centre

This facilities are subject to the relevant legislation and licensing requirements for child care centres 

Council’s Manager Children’s Services has examined the application and has advised that the child care centre provides appropriate facilities and is consistent with child care regulations

Yes

5.4.13.13 Hours of Operation

Max. 7am – 6.30pm

7.30am to 6.00pm Monday to Friday

Yes

5.4.14.1 Visual Privacy

Minimise overlooking through screening etc

2.1m high fencing is proposed to be constructed along the side and rear boundaries which adjoin residential developments in accordance with the recommendations of the acoustic report submitted with the application.

 

The ground floor level of the development is higher than the floor level of adjoining developments due to the topography of the site.

 

The rear elevation of the development contains a high sill window only and the northern (side) elevation has been amended to relocate noise generating activities away from the boundary. The windows on this elevation are located minimum 4.04m from the side boundary and the covered transition area is provided with a privacy screen to minimise overlooking of the adjoining development.

 

The pedestrian and vehicle entry to the development is off Breakwell Street. The car parking area has a finished floor level that is the same or lower than the adjoining developments and has perimeter screen planting along the boundaries which reduces privacy impacts.

Yes

Play equipment to be setback 3m from boundaries adjoining residential

Play equipment not specifically shown on plans but can be located 3m from adjoining residential boundaries. This is also subject to condition of consent.

Yes, subject to condition of consent

5.4.14.2 Acoustic Amenity

Acoustic Report by a suitably qualified consultant to be provided

An Acoustic Assessment has been prepared by Koikas Acoustics (ref 2797R20170330mfcv4, dated 30 March 2017). The report was revised to include details of the amended development. The revised report was examined by Council’s Environmental Health Officer who has raised no objection and provided conditions of consent to any consent granted.

Yes

5.4.14.3 Fencing

At least 1.2m high

 

Where it is essential that side street boundaries be fully fences, they are to be designed to allow landscaping along the boundary.

1.8m high fence proposed along the Scott Street frontage which comprises metal slats and polycarbonate sheets. The fence to Breakwell Street will be 1.8m high security gate and fence. The remainder of the site is to be fenced with 2.1m high acoustic fence.

Landscaping is provided along the boundaries which includes screen planting.

Yes

 

 

 

Stormwater Assessment

 

Existing Stormwater System

Gravity to street

Proposed Stormwater System

Gravity to street

Stormwater objectives for development type met?

Yes

Slope to rear (measured centreline of site)

Yes

Gravity to street (from property boundary to street kerb)?

Yes, along the Breakwell Street frontage

Discharge into same catchment?

Yes

Easement required?

No

OSD required?

Yes

 

Impacts

 

Natural Environment

18.       The proposal requires no significant excavation and can drain by gravity to the street. There are several trees located on the site which are proposed to be removed to accommodate the development. The removal of these trees is supported by an arborist’s report. Several other trees which are primarily located within the front setback area will be retained and proposed landscaping to the site and perimeter planting will enhance the current site conditions. As such the proposed development is unlikely to have an adverse impact on the natural environment.

 

Built Environment

19.       The proposed development is unlikely to have an adverse impact on the built environment. The proposed development complies with the relevant requirements. The proposed development does not result in any adverse impacts to adjoining developments in terms of privacy and solar access. Conditions of consent will require that the development adopt the recommendations of the acoustic report submitted with the application to ensure noise levels do not result in unreasonable impacts on adjoining developments. The development has also been assessed in terms of parking and traffic generation and found to be acceptable.

 

Social Impact

20.       It is considered that the proposed child care centre will provide a service that is in demand in the Georges River LGA and benefit the community. The applicant has submitted traffic and acoustic reports which support the proposal subject to specific recommendations being adopted in the development. The issues raised by residents in the submissions received to the application are detailed in the report and have been addressed through amended plans.

 

Economic Impact

21.       The proposal will provide employment opportunities within the area which will in turn encourage economic growth. The proposed child care centre will provide an in-demand facility to the area and as such the proposal is unlikely to have a detrimental impact on the local economy.

 

Suitability of the Site

22.       The subject site has no impediments that preclude it being developed for a child care centre. Subject to conditions of consent, the site is considered suitable for the proposed development.

 

REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

23.       The application was notified to nineteen (19) residents/owners in accordance with the requirements of Hurstville Development Control Plan No 1 and eight (8) submissions including a petition with fourteen (14) signatures were received in reply. The issues raised in the submissions are summarised as follows.

 

Asbestos

24.       Safety standards for asbestos removal should be implemented on the site during demolition.

 

Comment: Asbestos removal is regulated by the NSW Government and requires asbestos to be removed by licensed contractors only. This is required as a condition of consent on all consents granted which include demolition.

 

Fencing

25.       The proposed 2.1m high acoustic fence on the northern boundary adjoining 78 Scott Street will impede sight lines to and from the driveway of this property. This has to be addressed. The proposed fencing to the front boundary of the site reduces the “kerb appeal” of the site and adjoining developments and impacts the streetscape. The fence should be located 3m from the front boundary with landscaping provided at the front of the fence.

 

Comment: The applicant has sought advice from an acoustic consultant and has amended the fence to provide polycarbonate sheeting to a length of approximately 6.2m of the side boundary fence adjoining the driveway of 78 Scott Street. This will allow appropriate sight lines to the road.

 

The applicant has also amended the fence on the front boundary of Scott Street so that it is a combination of metal slats and polycarbonate sheeting or clear acoustic fence. Located immediately behind the perimeter of the fence will be landscaping. The changes to the fence and the provision of landscaping behind the fence will improve the view of the site from the street.

 

Privacy and noise impacts

26.       The proposed child care centre is likely to result in privacy impacts and noise impacts to adjoining developments. This should be addressed through the provision of appropriate fencing, privacy screens to verandahs, and through the relocation of the staff room, nappy change, cot room to where the covered transition area (adjoining play area 2) is located and vice-versa. As a result of this, the transition area will be located away from the adjoining boundary and dwelling located at 78 Scott Street.

 

Comment: The applicant has amended the development and has relocated play area 1 and covered outdoor balcony 1 so that it now adjoins the Breakwell Street frontage. This results in the side elevation of the child care centre that adjoins 78 Scott Street having only one (1) access point (covered transition area 2) which leads to the outdoor play area. A privacy screen has been provided immediately adjoining the transition area to reduce any overlooking of the adjoining development.

 

Council’s Environmental Health Officer has undertaken an assessment of the application including the acoustic report submitted with the application. The acoustic report was amended to reflect the changes made to the design of the development. Following the submission of this information, Council’s Environmental Health Officer raised no objection subject to conditions of consent being attached to any consent granted.

 

View and outlook

27.       There will be a loss of view and outlook from adjoining developments due to the removal of vegetation from the site and the provision of fencing around the site. The visual bulk of the fencing can be addressed by allowing adjoining owners to have input into the colour of the boundary fence and through the provision of landscaping to the perimeter of adjoining properties.

 

Comment: Six (6) onsite trees and one (1) street tree will be retained and incorporated into the landscaping of the site. The trees to be retained are primarily located along the front boundaries of the site which will retain the existing view of the site from the street. Landscaping of the site will also include screen planting to its perimeter which will soften the boundaries of the site and reduce overlooking of adjoining developments. 

 

As discussed in the report above, the fencing to the site has been amended to incorporate acoustic polycarbonate sheeting to the front boundary and open metal fencing to the car park area. This provides an appropriate interface with the street and is an improvement to the original fencing which comprised all solid material. The applicant has also advised that there is no objection in negotiating the colour of the fence with the adjoining owners.

 

Examples have been provided in the acoustic report submitted with the application of the acoustic fence proposed on the front boundary and on the side boundary where sight lines are required to be maintained. The fence is clear but is acoustically treated.

 

 

Too many child care centres

28.       There are too many child care centres located in the vicinity of the subject site.

 

Comment: Child care centres are permissible in the R2 Low Density Residential Zone. The proposed child care centre meets the criteria identified in Development Control Plan No 1 regarding its proximity to other child care centres.

 

Parking

29.       The proposed development will result in increased traffic pressure and lack of parking for residents. There are already issues with traffic and parking related to Penshurst West Public School. Traffic measures should be implemented in Breakwell Street to reduce access to Scott Street.

 

Comment: Council’s Manager Infrastructure Planning has assessed the application, including the submitted Traffic and Parking Impact Assessment, and has advised that the proposed development will not result in unacceptable traffic impacts and provides onsite parking in excess of the requirements of Development Control Plan No 1 by providing seven (7) parent spaces rather than the three (3) required. This will assist in reducing potential on street parking.

 

It is noted that the Traffic and Parking Impact Assessment has been amended from that originally submitted as there was an error in the date of the traffic counts undertaken. This has been corrected in the amended report.

 

Council Referrals

 

Manager Infrastructure Planning

30.       Council’s Manager Infrastructure Planning has assessed the proposed development including the Traffic and Parking Impact Assessment submitted with the application and raised no objection to the application.

 

Manager Children’s Services

31.       The application was referred to Council’s Manager Children’s Services who has advised that the child care centre has been appropriately designed and is consistent with the relevant requirements and legislation.

 

Environmental Health Officer

32.       Council’s Environmental Health Officer has raised no objection to the development subject to conditions of consent. This assessment included consideration of the acoustic report and conditions of consent requiring adoption of its recommendations.

 

Development Engineer

33.       Council’s Development Engineer has assessed the proposed development and raised no objections subject to conditions of consent.

 

External referrals

34.       No external referrals were required for this application.

 

CONCLUSION

35.       The application seeks approval for the demolition of existing structures and construction of a child care centre for forty (40) children. The application has been assessed against the relevant requirements and complies.

 

The application was notified in accordance with the requirements of Hurstville Development Control Plan No 1 and eight (8) submissions including a petition with fourteen (14) signatures were received in reply. The issues raised in the submissions have been addressed in the report and through amended plans submitted by the applicant.  Accordingly, it is recommended that development consent be granted subject to conditions of consent.

 

DETERMINATION

36.       THAT pursuant to Section 80(2) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application DA2016/0090 for demolition of existing structures and construction of a child care centre for forty (40) children on Lot 2 DP 229867 and known as 76 Scott Street Mortdale subject to the following conditions:

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

These conditions have been imposed to ensure that the development is carried out in accordance with the approved plans and to ensure that the appropriate fees and bonds are paid in relation to the development.

 

1.         GEN1001 - Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

 

Reference No.

Date

Description

Revision

Prepared by

Project No 1461A

DA-01

16 Dec 16

Cover sheet

B2

Archizen Architects

DA-02

16 Dec 16

Site and analysis plan

B2

Archizen Architects

DA-03

16 Dec 16

Lower ground floor

B2

Archizen Architects

DA-04

16 Dec 16

Upper ground floor plan

B2

Archizen Architects

DA-05

16 Dec 16

West elevation

B2

Archizen Architects

DA-06

16 Dec 16

East elevation

B2

Archizen Architects

DA-07

16 Dec 16

North elevation

B2

Archizen Architects

DA-08

16 Dec 16

South elevation

B2

Archizen Architects

DA-09

16 Dec 16

Section A

B2

Archizen Architects

DA-10

16 Dec 16

Section B

B2

Archizen Architects

DA-11

16 Dec 16

Construction and erosion control management

B2

Archizen Architects

-

28 Jan 16

Recycling and waste management plan

A

Archizen Architects

Page1/2 and 2/2

28 Jan 16

External finishes schedule

A

Archizen Architects

Drawing 1/4, 2/4, 3/4 and 4/4 (as amended by the revised upper ground floor plan)

27 Nov 15

Tree plan, Playspace/landscape plan-plants, Playspace/landscape plan-surfacing,

Details

-

Tessa Rose Playspace and Landscape Design

File Ref: 2797R20170330mfc76ScottStMortdalev4

30 Mar 17

Acoustic assessment

4

Koikas Acoustics Pty Ltd

3801 (as amended by the condition of consent relating to tree retention)

5 Apr 16

Arboricultural Assessment Report

-

Tree and Landscape Consultants

 

2.         GEN1002 - Fees to be paid to Council - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment.

           

Payments must be made prior to the issue of the Construction Certificate or prior to the commencement of work (if there is no associated Construction Certificate).

 

Please contact Council prior to the payment of Section 94 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council.

 

Form of payment for transactions $500,000 or over - Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for transaction values of $500,000 or over. Council must be contacted prior to payment to determine correct total amount to be paid and bank account details (if applicable)

 

          (a)     Fees to be paid:

 

Fee types, bonds and contributions

 

Fee Type

Long Service Levy (to Long Service Corporation)

Builders Damage Deposit

Inspection Fee for Refund of Damage Deposit

Section 94(A)

 

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

 

PCA Services Fee

$2,135.00

Construction Certificate Application Fee

$2,135.00

Construction Certificate Imaging Fee

$177.00

         

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

3.         GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

 

4.         GEN1015 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

 

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,900.00.

 

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $145.00.

 

(c)  At the completion of work Council will inspect the public works, and the damage deposit will be refunded in full upon completion of work where no damage occurs. Otherwise the amount will be either forfeited or partly refunded according to the amount of damage.

 

(d) Prior to the commencement of work a photographic record of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal, shall be submitted to Council

 

(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

 

(f)   Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

5.         GEN1023 - Section 94A Contributions - As at the date of Development Consent a contribution of $9,500.00 has been levied on the subject development pursuant to Section 94A Contributions Plan. The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of the Section 94A Development Contributions Plan.

 

The contribution must be paid prior to the release of a Construction Certificate as specified in the development consent

 

Please contact Council prior to payment to determine whether the contribution amounts have been indexed from that indicated above in this consent and the form of payment that will be accepted by Council.

 

Form of payment for transactions $500,000 or over - Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for transaction values of $500,000 or over. Council must be contacted prior to payment to determine correct total amount to be paid and bank account details (if applicable).

 

Contributions must be receipted by Council before a Construction Certificate is issued.

 

The Section 94A Contributions Plan may be inspected at Council’s Customer Service Centres or online at www.georgesriver.nsw.gov.au.

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

 

6.         APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

 

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

 

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(c)  Erecting a structure or carrying out work

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f)   Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

(i)   Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j)   Stormwater and ancillary works in the road reserve; and

(k)  Stormwater and ancillary to public infrastructure on private land

(l)   If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

 

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

 

The relevant Application Forms for these activities can be downloaded from Georges River Council’s website at: www.georgesriver.nsw.gov.au

 

For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.

 

7.         APR6005 - Engineering - Council’s stormwater drainage system shall be extended along Breakwell Street, with a 375mm (min.) diameter pipeline, to the proposed stormwater kerb inlet pit to be located directly in front of the subject development site - all drainage works are at full cost to the developer.

 

A separate application under Section 138 of the Roads Act is required to be approved by Council for such works prior to the issue of the Construction Certificate.

 

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

 

8.         GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

 

A "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

 

The “Notice of Requirements” must be submitted prior to the commencement of work.

 

9.         GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

 

10.       GOV1006 - Sydney Water - Trade Waste Agreements - A Trade Waste Agreement with Sydney Water may be required. Details of any work required to comply with the agreement must be detailed on the plans lodged with the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water to this effect must be submitted with the application for the Construction Certificate.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

 

11.       CC4019 - Health - Food Premises - Plans and Specifications - Details of the construction and fit out of food premises must be submitted to Council’s Environmental Health Officer.  The plans and specifications must demonstrate compliance with the:

 

·    Food Act 2003 (as amended);

·    Food Regulation 2010 (as amended);

·    Food Standards Code as published by Food Standards Australia;

·    New Zealand and Australian Standard AS4674:2004 Design, Construction and fit out of food premises (as amended);

·    Sydney Water - Trade Waste Section.

 

Council’s Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.

 

12.       CC4022 - Health - Food Premises - Waste Facility - Details of the construction and fit out of the waste facility of the food premises must be submitted to Council’s Environmental Health Officers for approval. Such details must demonstrate compliance with the Food Act 2003 (as amended), Food Regulation 2010 (as amended), the Food Standards Code as published by Food Standards Australia and New Zealand and Australian Standard AS 4674:2004 Design, construction and fit out of food premises (as amended.) and must be:

 

(a) provided with a hose tap connected to the water supply;

(b) paved with impervious floor materials;

(c)  coved at the intersection of the floor and the walls;

(d) graded and drained to a waste disposal system in accordance with the requirements of the relevant regulatory authority (Sydney Water);

(e) adequately ventilated (mechanically or naturally) so that odour emissions do not cause offensive odour as defined by the Protection of the Environment Operations Act 1997;

(f)   fitted with appropriate interventions to meet fire safety standards in accordance with the Building Code of Australia.

 

Council’s Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.

 

13.       CC4024 - Health - Colour of finishes - All walls, floor and ceiling in all food preparation, food storage and waste storage areas shall be finished with a light colour.  No black or dark colour surface finish is permitted in these areas.

 

Details of colour of finishes in the mentioned area must be submitted with the plans for satisfactory approval prior to the issue of any Construction Certificate.  

 

14.       CC4025 - Health - Acoustic Certification - All recommendations outlined in the Acoustic Report Reference 2797R20170330mfc76ScottStMortdalev4 dated 30 March 2017, prepared by Koikas Acoustics Pty Ltd are to be complied with. Details are to be submitted with the Construction Certificate to the Principle Certifying Authority.

 

15.       CC7001 - Council as PCA - Plans required to demonstrate compliance with BCA - Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

 

(a)  Access and Egress provisions in accordance with Part D.

(b)  Internal linings, materials and assemblies in accordance with C1.10

(c)   Fire resisting construction in accordance with Specification C1.1

(d)  The protection of openings in accordance with Part C3

(e)  Provisions for escape and construction of exits in accordance with Part D

(f)    Access and sanitary facilities for persons with disabilities in accordance with Part D3

(g)  Energy efficiency report

(h)   Mechanical ventilation and exhaust systems for the basement motor vehicle parking and kitchen areas in accordance with AS1668.1

(i)    Fire services and equipment including hydrant, emergency lights, exit signs and portable fire extinguishers, etc. in accordance with Part E

(j)    Smoke hazard management system and associated alarm system in accordance with Specification E2.2

(k)   Provision of natural light and ventilation in accordance with Part F

 

16.       CC7002 - Building - Fire Safety Measures prior to Construction Certificate - Prior to the issue of a Construction Certificate a list of the essential fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a construction certificate, which is required to be submitted to either Council or a Certifying Authority. Such list must also specify the minimum standard of performance for each essential fire safety measure included in the list. The Council or Certifying Authority will then issue a Fire Safety Schedule for the building.

 

17.       CC7004 - Building - Structural details - Structural plans, specifications and design statement prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

 

(a)  piers

(b)  footings

(c)   slabs

(d)  columns

(e)  structural steel

(f)    reinforced building elements

(g)  swimming pool design

(h)   retaining walls

(i)    stabilising works

(j)    structural framework

 

18.       CC7008 - Building - Access for Persons with a Disability - Access and/or sanitary facilities for persons with disabilities must be provided to the premises/building in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate application.

 

19.       CC7011 - Building - Slip Resistance - Commercial, Retail and Residential Developments - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in any commercial/retail/residential units must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting. The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials and must be detailed on the plans lodged with the application for the Construction Certificate.

 

20.       CC8007 - Waste - Waste Storage Containers - Child Care Centre - All waste and recycling containers shall be stored in an approved waste storage area, located in an area of the site that is satisfactory for these purposes. Facilities are to be provided in accordance with any requirements of NSW Family and Community Services.

 

Details of the Waste Storage Area must be illustrated on the plans submitted with the application for the Construction Certificate.

 

21.       CC2001 - Development Assessment - Erosion and Sedimentation Control - Erosion and sediment controls must be provided to ensure:

 

(a) Compliance with the approved Erosion and Sediment Control Plan

(b) Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)

(c)  all clean water run-off is diverted around cleared or exposed areas

(d) silt fences, stabilised entry/exit points or other devices are installed to prevent sediment from entering drainage systems or waterways

(e) all erosion and sediment controls are fully maintained for the duration of demolition, excavation and/or development works

(f)   controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway

(g) all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar

(h)  Compliance with Managing Urban Stormwater - Soils and Construction (Blue Book) produced by Landcom 2004.

 

These measures are to be implemented before the commencement of work (including demolition and excavation) and must remain until the issue of the Occupation Certificate.

 

22.       CC2002 - Development Assessment - Site Management Plan - Minor Development - A Site Works Plan detailing all weather access control points, sedimentation controls, fencing, builder’s site sheds office, amenities, materials storage and unloading arrangements must be submitted with the application for the Construction Certificate.

 

23.       CC2003 - Development Assessment - Construction Site Management Plan - Major Development - A Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

 

·          location of protective site fencing;

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction, e.g. stockpiles

·          provisions for public safety;

·          dust control measures;

·          method used to provide site access location and materials used;

·          details of methods of disposal of demolition materials;

·          method used to provide protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/skip bins;

·          details of proposed sediment and erosion control measures;

·          method used to provide construction noise and vibration management;

·          construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation.  The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity.  A copy of the Site Management Plan must be retained on site and is to be made available upon request.

 

24.       CC2004 - Development Assessment - Design Change - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

 

(a) The submitted concept hydraulic plan shall be amended to show the proposed extension of Council’s drainage system in Breakwell Street to the proposed kerb inlet pit directly in front of the subject development site. These design changes are to be incorporated into the Detailed Hydraulic Plans submitted for approval with the Construction Certificate Application.

 

(b) The recommendations of the Acoustic Assessment prepared by Koikas Acoustics Pty Ltd (reference number File Ref: 2797R20170330mfc76ScottStMortdalev4, dated 17 November 2016, revision 3 and amended details provided in the report entitled Acoustic Responses reference TJ425-01F03 dated 30 March 2017) are to be adopted in the development. If this results in design changes to the development they are to be shown in the plans with the construction certificate. Where the recommendations relate to common boundary fencing the colour of the fence is to be determined in consultation with the owners of the relevant adjoining sites. In particular the recommendations detailed in the report are:

 

10.1 Selection of Building Materials

10. 1. 1 Ceiling/Roof System

The following materials will be satisfactory for the pitched tile roof of the proposed CCC:

·    pitched tile roof over;

·    a layer of 100 mm thick 14 kg/m3 insulation batts fitted tightly between the ceiling joists, and

·    one layers of 13 mm thick plasterboard screw fixed beneath the ceiling joists.

 

10.1.2 External Walls

The proposed 110 mm brick wall system with 90 mm timber stud, and 13 mm plasterboard will be satisfactory for the external walls of the CCC building.

 

10.1.3 Windows/Sliding Doors

Standard 4 mm glazing will be satisfactory for all windows/sliding doors of the proposed CCC. The following is to be noted:

·    All open-able windows and glazed door systems should be air tight when closed and should be built into a solid frame.

·    Q-Ion type seals should be fitted along the perimeter of all glazing systems to minimise air gaps. This is not required if the windows seals properly. If the windows/doors are not designed to be air-tight when closed, the total noise attenuation performance of the walls and ceiling-roof system will be reduced.

·    Acoustic windows/doors do not normally get tested with "weep holes". "Weep holes" will reduce the acoustic attenuation of single glazed systems and to a lesser extent double glazed systems. However, for double glazed windows, weep holes will not significantly reduce the acoustic performance.

 

It is noted that the building materials shown above are the minimum requirement for achieving the nominated acoustic performance. These materials may be inadequate for safety, fire, thermal or any other specific requirements. Specifications for these requirements are to be provided by other specialist consultants.

 

10.2 Noise Barrier

To achieve compliance with the nominated noise criteria at the adjoining residential premises (noise model Scenario 2 & 3) noise barriers are required. The noise barriers are required to be a minimum of 1.8 - 2.1 metres in height. The following construction materials will be adequate for the proposed noise barrier:

·    Double lapped 15mm thick timber fence palings offset so that there are no air gaps. This equates to a total barrier thickness of 30 mm; OR

·    15mm compressed fibre cement panels with no air gaps at the joins; OR

·    6mm compressed fibre cement panels either side of a 50mm steel frame with fibreglass insulation batts (14kg/m3) to the cavity;

 

It is to be noted that gaps between the panels and the posts or the ground will significantly reduce the effectiveness of the noise barrier and may lead to non-compliant noise levels at the adjoining premises. Therefore, all gaps should be minimised. Alternative noise barriers could be considered provided that the height and mass of the barriers produce similar acoustic performance.

 

A 2.1 metres high and minimum of 15 mm thick solid Plexiglas Soundstop could be used for the noise barrier along the front northern boundary adjacent to the driveway of No. 78 Scott Street, Mortdale. Additional information can be obtained from the web link below:

https://www.plastral.com.au/product/plexiglas-soundstop-noise-barriers/

 

25.       CC2008 - Development Assessment - Landscape Plan – The landscape plan referenced in condition GEN1001 is to be amended to reflect the approved upper ground floor plan.

 

26.       CC5002 - Trees - Tree Protection and Retention - The following trees shall be retained and protected:

 

(a) The trees identified as numbers 1, 2, 6, 11, 14, 15, and 13 (street tree) in the Arboricultural Assessment Report prepared by Tree and Landscape Consultants, (reference 3801, dated 5 April 2016).

 

All trees to be retained shall be protected and maintained during demolition, excavation and construction of the site. The tree protection measures must be in undertaken in accordance AS4970-2009 Protection of trees on development sites. Details of the tree protection measures to be implemented must be provided with the application for a Construction Certificate by a suitably qualified Arborist (AQF Level 4 or above in Arboriculture) and must be retained thorough all stages of construction.

 

27.       CC5003 - Trees - Tree Removal and Replacement - Private Land - Permission is granted for the removal of the following trees:

 

(a) All other trees not identified in the above condition.

 

Eight (8) trees selected from the list of suitable species in the Georges River Council’s Tree Removal and Pruning Guidelines must be replanted within the insert front/rear yard of the subject site. Trees are to be replanted a minimum of 3m away from any driveway, building or structure.

 

The selected trees shall have a minimum pot size of 25 litres. A copy of Georges River Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.georgesriver.nsw.gov.au.

 

28.       CC3001 - Development Engineering - Stormwater System

 

Reference No.

Date

Description

Revision

Prepared by

Dwg. 6041-PH01 of 1

10/12/15

Stormwater Plan and Details

1

Rooney & Bye

 

The above submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

All stormwater shall drain by gravity to the upper level of Council’s proposed kerb inlet pit to be constructed directly opposite the subject development site in Breakwell Street in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

The design of this proposed drainage system must be prepared by a qualified practising hydraulics engineer (with details of qualifications being provided) and be submitted for approval with the Construction Certificate application.

 

29.       CC3004 - Development Engineering - Stormwater Drainage Plans (By Engineer Referral Only)

 

Reference No.

Date

Description

Revision

Prepared by

Dwg. 6041-PH01 of 1

10/12/15

Stormwater Plan and Details

1

Rooney & Bye

 

The above submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising hydraulics engineer (with details of qualifications being provided) in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

 

30.       CC3005 - Development Engineering - On Site Detention

 

Reference No.

Date

Description

Revision

Prepared by

Dwg. 6041-PH01 of 1

10/12/15

Stormwater Plan and Details

1

Rooney & Bye

 

The above submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

An on-site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, shall be installed.  The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

 

(a) Peak flow rates from the site are to be restricted to a permissible site discharge (PSD) equivalent to the discharge when assuming the site contained a single dwelling, garage, lawn and garden, at Annual Recurrence Intervals of 2 years and 100 years.

 

Refer to Flow Controls in Council's Draft/Adopted Stormwater Drainage Policy.

 

(b) The OSD facility shall be designed to meet all legislated safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm. A durable metal plate or similar sign is to be placed at the OSD facility and must bear the words:

 

"This is an on-site detention basin/tank and is subject to possible surface overflow during heavy storms."

 

Full details shall accompany the application for the Construction Certificate

 

31.       CC6004 - Engineering - Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

 

32.       CC8001 - Waste - Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site, clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to the Principal Certifying Authority and copy provided to the Manager - Environmental Services, Georges River Council prior to the issue of any Construction Certificate.

 

33.       CC7010 - Building - Geotechnical Reports - The applicant must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction.  This is to be submitted before the issue of the Construction Certificate and is to include:

 

(a)       Investigations certifying the stability of the site and specifying the design constraints to be placed on the foundation, any earthworks/stabilization works and any excavations.

 

(b)       Dilapidation Reports on the adjoining properties including, but not limited to properties with a common boundary to the subject site prior to any excavation of site works.  The Dilapidation Report is to include assessments on, but not limited to, the dwellings at those addresses and any external paths, grounds etc.  This must be submitted to the Certifying Authority and the adjoining residents as part of the application for the Construction Certificate.  Adjoining residents are to be provided with the report five (5) working days prior to any works on the site.

 

(c)       On-site guidance by a vibration specialist during the early part of excavation.

 

(d)       Rock breaking techniques.  Rock excavation is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures.

 

(e)       Sides of the excavation are to be piered prior to any excavation occurring to reinforce the walls of the excavation to prevent any subsidence to the required setbacks and neighbouring sites.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

34.       PREC2001 - Building regulation - Site sign - Soil and Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), the durable site sign issued by Georges River Council in conjunction with this consent must be erected in a prominent location on site.  The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls.  The sign must remain in a prominent location on site up until the completion of all site and building works.

 

35.       PREC2002 - Development Assessment - Demolition and Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2011 - Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the Principal Certifying Authority prior to the commencement of works.

 

For demolition work which involves the removal of asbestos, the asbestos removal work must be carried out by a licensed asbestos removalist who is licensed to carry out the work in accordance with the NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011 unless specified in the Act and/or Regulation that a license is not required.

 

The asbestos removal work shall also be undertaken in accordance with the How to Safely Remove Asbestos: Code of Practice published by Work Cover NSW.

 

Copies of the Act, Regulation and Code of Practice can be downloaded free of charge from the Work Cover NSW website: www.workcover.nsw.gov.au

 

36.       PREC2008 - Development Assessment - Demolition Notification Requirements - The following notification requirements apply to this consent:

 

a)   The developer /builder must notify adjoining residents five (5) working days prior to demolition.  Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority. Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

 

b)   Five (5) working days prior to demolition, the developer/builder is to provide written notification to Georges River Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition.

 

c)   On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

 

37.       PREC2009 - Development Assessment - Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

 

38.       PREC6001 - Engineering - Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate.  The sequence number obtained from “Dial Before You Dig” shall be forwarded to Council’s Engineers for their records.

 

39.       PREC7001 - Building - Registered Surveyor’s Report - During Development Work - A report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

 

(a)        Set out before commencing excavation.

 

(b)        Floor slabs or foundation wall, before formwork or commencing brickwork.

 

(c)        Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.

 

(d)        Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.  In multi-storey buildings a further survey must be provided at each subsequent storey.

 

(e)        Completion of any Pool Formwork - Before concreting of pool shell, detailing the location of the pool relative to the adjacent boundaries and its height relative to the datum shown on the approved plans.

 

(f)         Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

 

(g)        Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans.  A final Check Survey must indicate the reduced level of the main ridge.

 

(h)        Other.

      

       Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

 

40.       PREC7002 - Building - Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the developer’s expense.

 

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

 

41.       CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

42.       CON2002 - Development Assessment - Ground levels and retaining walls - The ground levels of the site shall not be excavated, raised or filled, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

 

43.       CON3001 - Development Engineering - Physical connection of stormwater to site - No work is permitted to proceed above the ground floor slab level of the building until there is physical connection of the approved stormwater drainage system from the land the subject of this consent to Council's proposed kerb inlet pit in Breakwell Street.

 

44.       CON6002 - Engineering - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act and/or under Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be issued for any offences and severe penalties apply.

 

45.       CON7001 - Building - Structural Engineer’s Certification during construction - The proposed structure/building must be constructed in accordance with details designed and certified by the practising qualified structural engineer. All structural works associated with the foundations, piers, footings and slabs for the proposed building must be inspected and structurally certified for compliance by an independent practising geotechnical and structural engineer. In addition a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority at each stage of construction or prior issue of the Occupation Certificate.

 

46.       CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. No vegetation, article, building material, waste or the like shall be ignited or burnt whatsoever or in association with the work on site. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Georges River Council.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

 

47.       OCC3001 - Development Engineering - Positive Covenant for On-site Detention Facility - A Positive Covenant is to be created over any on-site detention facility. This covenant is to be worded as follows:

 

"It is the responsibility of the lots burdened to keep the "On-Site Detention "facilities, including any ancillary pumps, pipes, pits etc, clean at all times and maintained in an efficient working condition. The "On-Site Detention" facilities are not to be modified in any way without the prior approval of Council."

 

Georges River Council is to be nominated as the Authority to release, vary or modify this Covenant.

 

The Positive Covenant shall be registered at the NSW Department of Lands prior to the issue of a Final Occupation Certificate.

 

48.       OCC3002 - Development Engineering - Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards.

 

A works-as-executed drainage plan and certification must be forwarded to the Principal Certifying Authority and Georges River Council, from a suitably qualified and experienced Hydraulic Consultant/Engineer.

 

This Plan and Certification shall confirm that the design and construction of the stormwater drainage system satisfies the conditions of development consent and the Construction Certificate stormwater design details approved by the Certifying Authority.

 

The works-as-executed drainage plan must prepared by a suitably qualified and experienced Hydraulic Engineer in conjunction with a Registered Surveyor and the works-as-executed plan must include the following details (as applicable):

 

(a)     The location of any detention basin/s with finished surface levels;

(b)     Finished site contours at 0.2 metre intervals (if applicable)

(c)     Volume of storage available in any detention areas;

(d)     The location, diameter, gradient and material (i.e. PVC, RC etc) of all stormwater pipes;

(e)     The orifice size/s (if applicable).

 

49.       OCC4013 - Health - Food Premises - Inspection and Registration - Prior to the issue of any Occupation Certificate or occupation or use of any food premises:

 

(a) An inspection of the fit out of the Food Premises must be arranged with Council's Environmental Health Officer;

(b) a satisfactory final inspection must have been undertaken by Council's Environmental Health Officer; and

(c)  the Food Premises must notify and register with Georges River Council of its business details.

 

50.       OCC4015 - Health - Prior to Occupation Certificate being issued, submit to Council for approval  documentation from suitably qualified and experienced acoustic consultant certifying, that the noise control measures as recommended in the acoustic report submitted with the Construction Certificate have been completed.

 

51.       OCC2007 - Development Assessment - Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

 

(a)  Staff: Four (4) spaces as shown on the approved plans

(b)  Parents: Seven (11) spaces as shown on the approved plan

(c)   Accessible: One (1) space as shown on the approved plan

(d)  Bicycle spaces: minimum of one (1) space

 

52.       OCC7001 - Building - Fire Safety Certificate before Occupation or Use - In accordance with Clause 153 of the Environmental Planning and Assessment Regulation 2000 (the Regulation), on completion of building works and prior to the issue of an Occupation Certificate, the owner must cause the issue of a Final Fire Safety Certificate in accordance with Clause 170 of the Regulation. The Fire Safety Certificate must be in the form required by Clause 174 of the Regulation. In addition, each essential fire or other safety measure implemented in the building or on the land on which the building is situated, such a Certificate must state:

 

(a) That the measure has been assessed by a person (chosen by the owner of the building) who is properly qualified to do so.

 

(b) That as at the date of the assessment the measure was found to be capable of functioning at a standard not less than that required by the attached Schedule.

 

             A copy of the certificate is to be given (by the owner) to the Commissioner of  Fire and Rescue NSW and a further copy is to be displayed in a frame and fixed to a wall inside the building's main entrance.

 

53.       OCC2005 - Development Assessment - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

 

54.       OCC6001 - Engineering - Vehicular crossing - Minor development - The vehicular crossing and/or footpath works shall be constructed by a private contractor at the expense of the beneficiary of this consent, in accordance with the Vehicular Crossing Approval issued by Council’s Engineering Services Division and in accordance with Council’s Specification for Vehicular Crossings and Associated Works and the issued.

 

Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

Please Note: No stencilled or coloured concrete may be used outside the boundary of the property.

 

The work must be completed before the issue of an Occupation Certificate.

 

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

 

55.       ONG2002 - Development Assessment - Hours of operation - The approved hours of operation shall be restricted to 7.00am to 6.30pm Monday to Friday only.

 

56.       ONG2009 - Development Assessment - The child care centre is approved to a maximum occupancy of forty (40) children and eight (8) staff members during the approved hours of operation.

 

57.       ONG2010 - Development Assessment - The development is to operate at all times in accordance with the Operational Plan of Management dated 16 December 2016. No change is to be made to the Operational Management Plan without the prior written approval of the Council.

 

58.       ONG7005 - Child Care Centre Use - The proposal must adequately satisfy all legislative and industry requirements relating to the child care use at all times.

 

59.       ONG4002 - Health - Final Acoustic Report - Verification of Noise report - Within three (3) months from the issue of an Occupation Certificate, an acoustical assessment is to be carried out by an appropriately qualified person, in accordance with the EPA's Industrial Noise Policy and submitted to Council for consideration. This report should include but not be limited to, details verifying that the noise control measures as recommended in the acoustic report submitted with the application are effective in attenuating noise to an acceptable noise level and that the use of the does not give rise to “offensive noise” as defined under the provision of the Protection of the Environment Operation Act 1997 (as amended).

 

60.       ONG4011 - Health - Noise Control - The use of the premises must not give rise to the transmission of ‘offensive noise’ to any place of different occupancy. ‘Offensive noise’ is defined in the Protection of the Environment Operations Act 1997 (as amended).

 

61.       ONG4017 - Health - Lighting - General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill.

 

62.       ONG4019 - Health - Storage of goods outside buildings - There shall be no storage of any goods external to the building with the exception of waste receptacles.

 

63.       ONG4043 - Health - Food premises - Maintenance of food premises - The food premises must be maintained in accordance with the Food Act 2003 (as amended), Food Regulation 2010 (as amended); the Food Standards Code as published by Food Standards Australia and New Zealand and Australian Standard AS 4674-2004 - Construction and fit out of food premises (as amended).

 

64.       ONG4046 - Health - Food premises - Garbage Odour - A waste contractor shall be engaged to remove all waste from the garbage storage area on a regular basis so that no overflow of rubbish will occur. Practical measures are also to be taken to ensure that odour emission from the garbage storage area does not cause offensive odour as defined under the provision of the Protection of the Environment Operations Act, 1997 (as amended).

 

65.       ONG4050 - Health - Restricted use - No amplified equipment or live bands permitted in the outdoor play area at any time.

 

66.       ONG4051 - Health - Acoustic report - Noise control measures must be adopted and maintained in accordance with the Acoustic report and the operational plan of management submitted with the application.

 

67.       ONG6003 - Engineering - Entering and Exiting of vehicles - All vehicles shall enter and exit the premises in a forward direction.

 

68.       ONG4018 - Health - Amenity of the neighbourhood - The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the comfort or repose of a person who is outside the premises by reason of the emission or discharge of noise, fumes, vapour, odour, steam, soot, dust, waste water, waste products, grit, oil or other harmful products.

 

No vegetation, article, building material, waste or the like shall be ignited or burnt whatsoever or in association with the work on site.

 

69.       ONG7002 - Building - Annual Fire Safety Statement - In accordance with Clause 177 of the Environmental Planning and Assessment Regulation, 2000 the owner of the building premises must cause the Council to be given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:

 

(a)       Within twelve (12) months after the date on which the fire safety certificate was received.

(b)       Subsequent annual fire safety statements are to be given within twelve (12) months after the last such statement was given.

(c)        An annual fire safety statement is to be given in or to the effect of Clause 181 of the Environmental Planning and Assessment Regulation, 2000.

(d)       A copy of the statement is to be given to the Commissioner of Fire and Rescue NSW, and a further copy is to be prominently displayed in the building.

 

70.       ONG2003 - Development Assessment - Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained on an ongoing basis. Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control and any other operations required to maintain healthy trees, plants and turfed areas.

 

ADVICE

This advice has been included to provide additional information and where available direct the applicant to additional sources of information based on the development type.

 

71.       ADV4003 - Health - Acoustical Engineer Contacts and Reference Material - Further information including lists of Acoustic Engineers can be obtained from:

 

·    Australian Acoustical Society - professional society of noise-related professionals: www.acoustics.asn.au

·    Association of Australian Acoustical Consultants - professional society of noise related professionals: www.aaac.org.au

·    NSW Industrial Noise Policy - Office of Environment & Heritage: www.environment.nsw.gov.au

 

72.       ADV4005 - Health - Food Premises - Advice -

Copies of food related documents and Standards:

·    Copies of the Australian Standards can be obtained from Standards Australia Customer Service on telephone 02 92376000 or by visiting the website: www.standards.com.au

 

·    Copies of the Food Safety Standards Code (Australia) may be obtained by contacting the Food Standards Australia New Zealand Authority on Telephone: (02) 6271-2222, e-mail: info@foodstandards.gov.au or by visiting the website: www.foodstandards.gov.au Copies of the NSW Stands for Construction & Hygienic Operation of Retail Meat Premises may be obtained by contacting the NSW Food Authority on 1300 552 406, e-mail: contact@foodauthority.nsw.gov.au or by visiting the website www.foodauthority.nsw.gov.au

 

Notification of Food Business

Section 100 of the Food Act 2003 requires:

          100   Notification of conduct of food business

“(1)  The proprietor of a food business must not conduct the food business unless the  proprietor has given written notice, in the approved form, of the information specified in the Food Safety Standards that is to be notified to the appropriate enforcement agency before the business is conducted. Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation”

 

Notification can be done on-line at www.georgesriver.nsw.gov.au

The provisions of the Food Act 2003 may change over time and irrespective of the conditions of consent, compliance with this Act, regulations, food standards and other standards adopted under the Food Act (as amended) are mandatory.  The Food Act and applicable regulations can be accessed free of charge at www.legislation.nsw.gov.au

 

73.       ADV4006 - Health - Noise - Advice

Noise related conditions

Council will generally enforce noise related conditions in accordance with the Noise Guide for Local Government (www.environment.nsw.gov.au/noise/nglg.htm) and the Industrial Noise Guidelines (www.environment.nsw.gov.au/noise/industrial.htm) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.

 

Useful links relating to Noise:

·    Community Justice Centres - free mediation service provided by the NSW Government (www.cjc.nsw.gov.au).

·    Department of Environment and Conservation NSW, Noise Policy Section web page (www.environment.nsw.gov.au/noise).

·    New South Wales Government Legislation home page for access to all NSW legislation, including the Protection of the Environment Operations Act 1997 and the Protection of  Environment Operations Act 1997 and The Protection of the Environment Noise Control Regulation 2008.

·    Australian Acoustical Society - professional society of noise-related professionals (www.acoustics.asn.au /index.php).

·    Association of Australian Acoustical Consultants - professional society of noise related professionals (www.aaac.org.au <http://www.aaac.org.au>).

·    Liquor & Gaming NSW Website - Department of Justice -www.liquorandgaming.justice.nsw.gov.au

 

74.       ADV2002 - Development Assessment - Site Safety Fencing - Site fencing must be erected in accordance with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling.  The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

For more information visit www.workcover.nsw.gov.au

 

75.       ADV2009 - Development Assessment - Security deposit administration & compliance fee - Under Section 97(5) of the Local Government Act 1993, a  security deposit (or part) if repaid to the person who provided it is to be repaid with any interest accrued on the deposit (or part) as a consequence of its investment.

 

Council must cover administration and other costs incurred in the investment of these monies. The current charge is $50.00 plus 2% of the bond amount per annum.

 

Interest rate applied to bonds is set at Council's business banking facility rate as at 1 July each year. Council will accept a bank guarantee in lieu of a deposit.

 

All interest earned on security deposits will be used to offset the Security Deposit Administration and Compliance fee. Where interest earned on a deposit is not sufficient to meet the fee, it will be accepted in full satisfaction of the fee.

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

 

76.       PRES1001 - Clause 97A – BASIX Commitments - This Clause requires the fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to which the development relates.

 

77.       PRES1002 - Clause 98 – Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia.  In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

 

78.       PRES1003 - Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign.  The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifying Authority and the Principal Contractor.

 

79.       PRES1004 - Clause 98B – Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council.  The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989.

 

80.       PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

Schedule C – Operational & Statutory Conditions

 

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

 

81.       OPER1001 - Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent authority, the Council (if the Council is not the consent authority) or an accredited certifier.

 

An application form for a Construction Certificate is attached for your convenience.

 

82.       OPER1002 - Appointment of a Principal Certifying Authority - The erection of a building must not commence until the beneficiary of the development consent has:

 

(a) appointed a Principal Certifying Authority (PCA) for the building work; and

(b) if relevant, advised the PCA that the work will be undertaken as an Owner-Builder.

 

If the work is not going to be undertaken by an Owner-Builder, then the beneficiary of the consent must:

 

(a) appoint a Principal Contractor to undertake the building work. If residential building work (within the meaning of the Home Building Act 1989) is to be undertaken, the Principal Contractor must be a holder of a contractor licence; and

(b) notify the PCA of the details of any such appointment; and

(c)  notify the Principal Contractor of any critical stage inspections or other inspections that are required to be carried out in respect of the building work.

 

An Information Pack is attached for your convenience should you wish to appoint Georges River Council as the Principal Certifying Authority for your development.

 

83.       OPER1003 - Notification of Critical Stage Inspections - No later than two (2) days before the building work commences, the PCA must notify:

 

(a) the consent authority and the Council (if not the consent authority) of his or her appointment; and

(b) the beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

 

84.       OPER1004 - Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the erection of a building.

 

A Notice of Commencement Form is attached for your convenience.

 

85.       OPER1007 - Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifying Authority.  The critical stage inspections required to be carried out vary according to Building Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.

 

86.       OPER1008 - Notice to be given prior to critical stage inspections - The principal contractor for a building site, or the owner-builder, must notify the principal certifying authority at least 48 hours before each required inspection needs to be carried out.

 

Where Georges River Council has been appointed PCA, forty eight (48) hours notice in writing, or alternatively twenty four (24) hours notice by facsimile or telephone, must be given to when specified work requiring inspection has been completed.

 

87.       OPER1009 - Occupation Certificate - A person must not commence occupation or use of the whole or any part of a new building unless an Occupation Certificate has been issued in relation to the building or part.

 

Only the Principal Certifying Authority appointed for the building work can issue the Occupation Certificate.

 

An Occupation Certificate Application Form is attached for your convenience.

 

If you need more information, please contact the Senior Development Assessment Officer, below on 9330-6400 during normal office hours.

 

 

 

ATTACHMENTS

Attachment View1

Amended Site and Site Analysis Plan - 76 Scott St Mortdale

Attachment View2

Amended Lower Ground Floor Plan - 76 Scott St Mortdale

Attachment View3

Amended Upper Ground Floor Plan - 76 Scott St Mortdale

Attachment View4

Amended West Elevation - 76 Scott St Mortdale

Attachment View5

Amended East Elevation - 76 Scott St Mortdale

Attachment View6

Amended North Elevation - 76 Scott St Mortdale

Attachment View7

Amended South Elevation - 76 Scott St Mortdale

Attachment View8

Landscape Plan (subject to changes) - 76 Scott St Mortdale

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 15 June 2017

3.1                          76 Scott Street Mortdale

[Appendix 1]          Amended Site and Site Analysis Plan - 76 Scott St Mortdale

 

 

Page 43

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 15 June 2017

3.1                          76 Scott Street Mortdale

[Appendix 2]          Amended Lower Ground Floor Plan - 76 Scott St Mortdale

 

 

Page 44

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 15 June 2017

3.1                          76 Scott Street Mortdale

[Appendix 3]          Amended Upper Ground Floor Plan - 76 Scott St Mortdale

 

 

Page 45

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 15 June 2017

3.1                          76 Scott Street Mortdale

[Appendix 4]          Amended West Elevation - 76 Scott St Mortdale

 

 

Page 46

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 15 June 2017

3.1                          76 Scott Street Mortdale

[Appendix 5]          Amended East Elevation - 76 Scott St Mortdale

 

 

Page 47

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 15 June 2017

3.1                          76 Scott Street Mortdale

[Appendix 6]          Amended North Elevation - 76 Scott St Mortdale

 

 

Page 48

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 15 June 2017

3.1                          76 Scott Street Mortdale

[Appendix 7]          Amended South Elevation - 76 Scott St Mortdale

 

 

Page 49

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 15 June 2017

3.1                          76 Scott Street Mortdale

[Appendix 8]          Landscape Plan (subject to changes) - 76 Scott St Mortdale

 

 

Page 50

 


Georges River Council – Independent Hearing and Assessment Panel Thursday, 15 June 2017

Page 51

 

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 15 June 2017

 

IHAP Report No

3.2

Application No

DA2016/0183

Site Address & Ward Locality

45 Princes Highway Kogarah

Kogarah Bay Ward

Proposal

Demolition of existing buildings and construction of a ten (10) storey mixed use development consisting of ground floor tenancy and fifty five (55) residential apartments with basement car parking

Report Author/s

Senior Development Assessment Officer, Ben Latta

Owners

GCK Investments Pty Ltd

Applicant

GCK Investments Pty Ltd

Zoning

Zone B2 - Local Centre

Date Of Lodgement

6/09/2016

Submissions

 No submissions received

Cost of Works

 $16,709,153.00

Reason for Referral to IHAP

 Height does not comply with 33m limit under KLEP 2012 (<5%) and building separation does not comply with Apartment Design Guide

 

 

Recommendation

That the application be approved in accordance with the conditions included in the report.

 

Site Plan

 

Executive Summary

 

Officer’s Recommendation:

 

Development Approval

1.         That Council as the Consent Authority pursuant to Section 80(1)(a) Environmental Planning and Assessment Act 1979, grant consent to Development Application No 183/2016 for demolition of existing buildings and construction of a ten (10) storey mixed use development consisting of ground floor commercial tenancy and fifty five (55) residential apartments with basement car parking at 45 Princes Highway and 99 Regent Street, Kogarah, subject to conditions.

 

Proposal

2.         Council is in receipt of an application for the demolition of existing buildings and construction of a ten (10) storey mixed use development consisting of ground floor commercial tenancy and fifty five (55) residential apartments with basement car parking on the subject site.

 

Site and Locality

3.         The site is a rectangular shaped group of four allotments located on the southwestern corner of Princes Highway and Regent Street, Kogarah, which forms the major northern entry to the Kogarah Town Centre CBD. The site is 1060 square metres in total area. The land has a gradual fall to the east (Princes Highway).

 

Zoning and KLEP 2012 Compliance

4.         The site is zoned B2 Neighbourhood Centre under KLEP 2012 and the proposal is a permissible form of development with Council’s consent.  The proposed development satisfies all relevant clauses contained within KLEP 2012.

 

New City Plan – Amendment No.2 to KLEP 2012

5.         Amendment No.2 to Kogarah LEP 2012 was gazetted on 26 May 2017

 

6.         The New City Plan includes changes to zoning and the introduction of development standards in parts of the City to deliver a range of new housing options.

 

7.         Specifically, the New City Plan converted the B1 zoning to B2 - Local Centre.

 

8.         The New City Plan introduced height and FSR standards of 33m and 4:1 respectively. The proposal complies with the FSR controls but does not comply with the height limit for a maximum variation of 1m in the north-eastern corner of the parapet due to the slope of the land.

 

9.         The proposal has regard to recently prepared a Kogarah North Precinct: Draft Urban Design Strategy that aims to guide new development anticipated in the Kogarah North Precinct, in lieu of any DCP.

 

The Administrator moved and declared carried:

(a)     That the draft Kogarah North Urban Design Strategy be publicly exhibited for a minimum period of 28 days.

(b)     That Option 3 and the urban design principles contained within the draft Kogarah North Urban Design Strategy be adopted by Council as an interim set of planning controls from the date of the gazettal of Amendment No.2 to Kogarah Local Environmental Plan.

(c)     That Council advise applicants and landowners that any application within the Kogarah North Precinct will be assessed against Option 3 and the urban design principles contained within the draft Kogarah North Urban Design Strategy.

(d)     That Council prepare an amendment to Kogarah Development Control Plan 2013 by including as a specific chapter Option 3 and the urban design principles contained within the draft Kogarah North Urban Design Strategy.

(e)     That the amended Kogarah Development Control Plan be placed on public exhibition in accordance with the Environmental Planning and Assessment Act 1979 and its Regulation 2000 at the same time as the draft Kogarah North Urban Design Strategy.

(f)      That a further report be presented to Council following the public exhibition of the draft Kogarah North Urban Design Strategy and amended Kogarah Development Control Plan.

 

Kogarah Development Control Plan 2013 (KDCP 2013)

10.      The proposed development is not compatible with the provisions of the part D1 and D2 of KDCP 2013 as the proposal seeks approval under the provisions of the New City Plan in terms of height and floor space ratio.

 

Submissions

11.      No submissions were received.

 

Conclusion

12.      Having regard to the Heads of Consideration under Section 79C (1) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal Development Application No. 183/2016 should be approved subject to conditions. 

 

Report in Full

 

Proposal

13.      Council is in receipt of an application for the demolition of existing buildings and construction of a ten (10) storey mixed use development consisting of ground floor commercial tenancy and fifty five (55) residential apartments with basement car parking on the subject site.

 

14.      Specially, the proposal comprises the following:

 

·    Three levels of basement car parking

·    Ground floor level containing 204m² commercial tenancy, residential lobby, vehicular entry and loading and plant/ancillary areas.

·    Levels 1-9 containing 55 residential apartments and communal open space on levels 1 and 9.

 

 

15.      The proposal comprises the following residential unit breakdown:

 

·    11 x Studio apartments

·    18 x one-bedroom apartments

·    23 x two-bedroom apartments

·    3 x three-bedroom apartments

 

The Site and Locality

16.      The site is a rectangular shaped group of four allotments located on the south western corner of Princes Highway and Regent Street, Kogarah, which forms the major northern entry to the Kogarah Town Centre CBD. The site is 1060 square metres in total area. The land has a gradual fall to the east (Princes Highway)

 

17.      Currently existing on the site is a two-storey rendered residential flat building at No.99 Regent Street on the corner, and a group of three shops to the south on the three (3) lots known as 45 Princes Highway.

 

18.      The local context is mixed, with Kogarah Public School located to the south of the site on Princes Highway and heritage listed Church to its south. Development in Regent Street is characterised by older dwellings 

 

Rectangular Callout: The site

 

Background

19.      On 6 September 2016 the Development Application subject of this report was lodged with Council.

 

20.      From 21 September to 10 October 2016 the application was placed on neighbour notification.

 

21.      On 15 November 2016 the applicant was sent a letter identifying a number of issues with the proposal to be addressed, including:

 

·    Non-compliance with 33m height limit under the provisions of the New City Plan

·    Non-compliance with 4:1 Floor Space Ratio

·    Issues with satisfying the provisions of SEPP 65 and the Apartment Design Guide; in particular, building separation requirements, blank wall treatments, cross-ventilation requirements.

·    Issues with the deemed to satisfy provision of the Building Code of Australia

·    Insufficient bin storage rooms. 

 

22.      On 24 November 2016 the applicant submitted amended plans that did not address the above issues.

 

23.      The applicant was required to submit further amendments, which were lodged on 13 April 2017. The amendments alter unit composition to increase the number of units from fifty one (51) to fifty five (55), but increases the number of one (1) bedroom units in the development. The height has been lowered, increased building separation has been incorporated and other design issues have been addressed.

 

24.      The amended plans address all of the issues raised and are relied upon for assessment in this report.

 

Section 79C Assessment

25.      The following is an assessment of the application with regard to Section 79C(1) of the Environmental Planning and Assessment Act 1979.

 

(1)     Matters for consideration – general

 

In determining an application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

 

(a)       the provision of:

(i)      any environmental planning instrument,

 

Kogarah Local Environmental Plan 2012 (KLEP 2012) 

 

Part 2 – Permitted or Prohibited Development

 

Clause 2.1 – Land Use Zones

26.      Amendment No 2 to Kogarah LEP 2012 was gazetted on 26 May 2017

 

27.      The New City Plan includes changes to zoning and the introduction of development standards in parts of the City to deliver a range of new housing options.

 

28.      Specifically, the New City Plan converted the B1 zoning to B2 - Local Centre.

 

29.      The subject site is zoned B2 Local Centre and the proposal is a permissible form of development with Council’s consent. The proposed development satisfies the objectives of the zone, which are:

 

·    To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

·    To encourage employment opportunities in accessible locations.

·    To maximise public transport patronage and encourage walking and cycling.

 

 

Clause 4.3 Height of buildings

30.      The objectives of this clause are as follows:

 

(a)   to establish the maximum height for buildings,

(b)   to minimise the impact of overshadowing, visual impact and loss of privacy on adjoining properties and open space areas,

(c)   to provide appropriate scale and intensity of development through height controls.

(2)     The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

 

31.      The proposal does not comply with the draft 33m height limit adopting a maximum overall height of 34m to the top of the parapet at the south eastern corner of the site (corner of Princes Highway and Regent Street. (refer to Figures 1 and 2).

 

 

32.      The 1m variation is minor in nature resulting from the fall in the site. The merits of presenting a strong corner element outweighs a minor numerical variation where the building fits the general desired scale of 10 storeys. The 3% non-compliance only extends to the parapet element that presents to the corner and does not result in any overshadowing impacts to adjoining properties.  No habitable areas breach the height plane.

 

33.      The application is accompanied by a Clause 4.6 request for variation which is discussed in detail below.

 

Clause 4.4 – Floor Space Ratio

34.      The objectives of this clause are as follows:

 

(a) to ensure the intensity of development is compatible with the desired future character and zone objectives for the land,

(b) to limit the bulk and scale of development.

 

35.      The proposal complies with the applicable floor space ratio of 4:1, proposing an FSR of 3.99:1 and thereby satisfying the provisions of Clause 4.4. of KLEP 2012.

 

Clause 4.6 – Variation to Development standards

36.      The objectives of this clause are as follows:

 

(a)     to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)     to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

 

37.      Clause 4.6(2) states that development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

 

38.      The application is accompanied by a request to vary the 33m height limit under Clause 4.3 of KLEP 2012 (GSA Planning, 2/6/2017)

 

Applicant comment:

39.      The proposed building has a height ranging between 13m and 34m, partially exceeding the maximum height limit by up to 1m. The small area of non-compliance relates to a roof parapet at the corner of the Princes Highway and Regent Street and is a function of the site’s sloping topography (see Figures 1 and 2 below).

 

 

 

40.      Clause 4.6(3) states that development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

 

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

 

41.      The Land and Environment Court in its recent decisions in Four2Five vs Ashfield Council has ruled that a clause 4.6 variation must do more than demonstrate that the development meets the objectives of the development standard and the zone. The clause 4.6 objection must also demonstrate some other environmental planning grounds that justify contravening the development standard, preferably some that are specific to the site, although that is not essential according to the Court of Appeal decision in Four2Five vs Ashfield Council.

 

42.      The applicant has provided the following response to Clause 4.6(3)(a):

 

Clause 4.3 Height of Buildings – Objectives

 

(a) To establish the maximum height for buildings

With the exception of the small parapet area, the proposed building complies with the height development standard. Given the site’s prominent location on a corner site, additional height is an appropriate design response to strengthen corners. The extent of non-compliance is so minor that it is unlikely to be readily discernible. In our opinion, the development satisfies the objective.

 

(b) To minimise the impact of overshadowing, visual impact and loss of privacy on adjoining properties and open space areas,

The area of non-compliance will not result in adverse impacts in terms of overshadowing, visual impact or loss of privacy.

 

The roof parapet that is the subject of this variation is located on the north eastern side of the building. The southern interface is fully compliant with the height limit and incorporates significant setbacks at the upper levels. Accordingly, the area of non-compliance will not result in additional overshadowing to neighbouring properties at either 9am or 12pm. It would result in an extremely minor increase in shadowing at 3pm, however in the context of the development and the locality this is not considered substantive or significantly different to the impact from a compliant scheme.

 

In terms of visual impact and privacy, the non-compliance is a concrete roof parapet, not any form of habitable floor space. There are no window openings or trafficable areas above the height limit. Accordingly, there is no impact on visual privacy as a result of the non-compliance.

 

(c) To provide appropriate scale and intensity of development through height controls.

As outlined in our response to Objective (a), the building is predominately compliant with the height and is a good example of urban renewal in the locality. The scheme complies with the FSR and the considerations of the ADG. The scale and intensity of the development is anticipated by Council’s controls and is appropriate in the locality. Importantly, requiring compliance with the height limit would not alter the proposed intensity of the development in any way, it would simply serve to compromise the integrity of the architecture. The proposal is appropriate in its current form and is consistent with this objective

 

Test 2 - The underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary.

As a function of the recent gazettal of the New City Plan, the character and context of the area will transform to incorporate greater development density and increased building heights. In our opinion, the underlying purpose of the development standard is to present a building that is compatible with the emerging height, context and character of the locality whilst preserving the amenity of adjoining properties.

 

The roof parapet is critical to the building’s architecture and will assist the compatibility of the building with the emerging built form. Requiring a reduction in height in the localised area would result in an inconsistent overall building height and a poor urban design response to the corner. This would be inconsistent with the underlying intent of the standard to provide buildings in context.

 

Test 3 - The underlying objective or purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

As indicated, if the purpose of the standard is to present a development that is compatible in the locality, compliance with the height standard is unreasonable. The non-compliance is the result of the sloping topography which renders compliance difficult to achieve.

 

43.      With respect to Clause 4.6(3)(b), the applicant provides the following justification on environmental planning grounds:

 

The proposal is permissible within the B2 Local Centre Zone and is consistent with the zone objectives, which are to provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area; to encourage employment opportunities in accessible locations and to maximise public transport patronage and encourage walking and cycling.

 

It is our opinion that the proposal is consistent with the relevant zone objectives and satisfies a number of the ‘unreasonable and unnecessary’ tests established by the Court in Wehbe. In addition, it is our opinion that the area of non-compliance (and the proposal generally) is unlikely to result in adverse amenity impacts in terms of privacy, overshadowing or view loss. These are considered in detail in the submitted SEE. For these reasons, it is considered that the minor height non-compliance of the parapet is unlikely to have adverse impacts and the proposal is in the public interest.

 

For these reasons outlined above, it is our opinion that there are sufficient environmental planning grounds to justify contravening the development standard in the particular circumstances of the case.

 

44.      Clause 4.6(4) states that Development consent must not be granted for development that contravenes a development standard unless:

 

(a)  the consent authority is satisfied that:

(i)    the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)   the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b)  the concurrence of the Secretary has been obtained.

 

45.      The applicant provides the following response to Clause 4.6(4):

 

The applicant submits that the consent authority can and should be satisfied of each of these requirements of Clause 4.6(4), for all of the reasons set out in this request, and also having regard to the context of this particular site, in this particular locality; and having regard to compliance with the height development standard with the exception of the parapet.

 

As indicated, it is our opinion that the proposal is in the public interest. In accordance with Tests 1, 2 and 3 in Wehbe and Clause 4.6(4)(a)(ii) an assessment of the proposal against both the objectives of the standard and the zone has been undertaken. The consideration of the objectives of the standard is set out in this submission and in our opinion, the proposal is consistent.

 

A detailed assessment of the proposal against the objectives of the zone is undertaken in the submitted Statement of Environmental Effects. From this, it is our opinion that the proposal is consistent with the zone objectives and should be supported.

 

For these reasons it is our opinion that the variation is appropriate, consistent with the intent of Clause 4.6 and should be supported

 

Officer Comment:

46.      The submitted Clause 4.6 variation to the height standard in Clause 4.3 of KLEP 2012 prepared by GSA Planning and the justification set out therein is supported, satisfies the relevant provisions of the clause and satisfies the relevant tests set out in Four2Five vs Ashfield Council.

 

Part 5 – Miscellaneous Provisions

 

Clause 5.6 – Architectural Roof Features

47.      The objectives of this clause are as follows:

 

(a)  to create variety in the Kogarah skyline and urban environment,

(b)  to encourage quality roof designs that contribute to the aesthetic and environmental design and performance of the building,

(c)   to encourage integration of the design of the roof into the overall facade, building composition and desired contextual response,

(d)  to promote architectural design excellence.

 

(2)   Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.

 

(3)   Development consent must not be granted to any such development unless the consent authority is satisfied that:

 

(a)  the architectural roof feature:

(i)   comprises a decorative element on the uppermost portion of a building, and

(ii)  is not an advertising structure, and

(iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and

(iv) will cause minimal overshadowing, and

 

(b)  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.

 

48.      The proposal results in a non-compliance with the 33m height limit involving a projection of the corner parapet only, by up to a maximum of 1m. The protruding parapet element satisfies the provisions of Clause 5.6 and is considered an architectural roof feature.

 

Clause 5.9 – Preservation of Trees or Vegetation

49.      The proposed development does not involve the removal of any tree or vegetation subject to the provisions of this clause.

 

50.      The application was referred to Council’s Parks and Recreation Coordinator who recommended that three (3) street trees be planted along the Regent Street frontage and that the species be selected from Council’s Street Tree Management and Strategy. The landscape plans show the tree locations though not the species.

 

51.      In addition, consideration has been given to the provisions of Section B2 – Tree Management and Greenweb of KDCP 2013 and the proposed development satisfies the relevant controls for tree and greenweb management.   

 

Clause 5.10 – Heritage Conservation

52.      The subject site is not listed as a heritage item in Schedule 5, nor is it within a Heritage Conservation Area.

 

53.      The site is located to the north of St Pauls Anglican Church .The church is a free standing building designed in the Victorian Free Gothic style and is separated from the site by the Kogarah Public School Playground and church hall. In the aerial photo below the Church is marked with a red star and the subject site marked with a green star.

 

 

54.      The application is accompanied by a Heritage Impact Statement (Ruth Daniell, dated August 2016) which concludes the following:

 

The proposal does not impact on the retention of the heritage item, its form and significant fabric. The proposal does not affect the legal lot curtilage of the heritage item, its landscaped elements and the open space around the heritage listed church and hall. The heritage listed St Paul’s Anglican Church and the hall does not have visual prominence in the streetscape due to the deep setback from the Princes Highway frontage and high solid fence.

 

The heritage item is obscured in views form the north by a building on the site of the Kogarah Public School.

 

This results in the views and vistas to the heritage item being limited to views in front of its site and at a small angle on approach to this position. The significant views and vistas to the heritage items will be retained.

 

The proposed mixed use development is designed in a contemporary idiom and has high standard of architectural design.

 

As the subject site is separated from the heritage item by the Kogarah Public School site which is more than two times the width of the development site. It is considered that the proposed development will have an acceptable impact on the visual setting of the heritage item.

 

It is acknowledged that the proposed development is taller and larger in scale than the heritage item, but this is mitigated by the distance the subject site is separated from the heritage item, and by the articulation and stepping in the design as the height increases. The proposed development responds to the Sydney Metropolitan Strategy, which encourages higher density living around retail amenity within town centres and in the context recent development has increased in height and scale to respond to the planning controls on nearby sites. The colour scheme and the proposed materials are neutral. There are no disruptive visual contrasts.

 

55.      The application was not referred to Council’s Heritage Consultant due to the distance between the site and the significant item, though has been considered in this assessment. The above comments are concurred with and the proposal satisfies the provisions of Clause 5.10 of KLEP 2012.

 

Part 6 – Additional Local Provisions

 

Clause 6.1 – Acid Sulfate Soils

56.      The subject site is not shown as being affected by acid sulfate soils as identified on the Acid Sulfate Soil Map.

 

Clause 6.2 – Earthworks

57.      The proposed earthworks involve excavation of the entire site over three (3) levels of basement parking. The extent of excavation is considered acceptable having regard to the type of development envisaged for the site and the provisions of this clause. The works are not likely to have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

 

Clause 6.3 – Flood Planning

58.      The subject site has not been identified as a flood planning area on the Flood Planning Maps.

 

59.      In addition, consideration has been given to the provisions of Section B6 – Water Management of KDCP 2013 and the proposed development satisfies the relevant controls related to flooding and drainage.  

 

Clause 6.5 – Airspace Operations

60.      The application was referred to Sydney Airports Corporation Ltd (SACL) on 28 October 2016 as proposal is higher than 15.24m within an area requires referral.

 

61.      The following response was given:

 

CASA has assessed the proposed building at 45 Princes Highway, Kogarah, NSW. The height of the proposed building at this site, including antennas and other equipment, is 51.37 m AHD or approximately 34m Above Ground Level (AGL). At this height the proposed building will infringe the inner horizontal surface by 0.37 m.

As there are other buildings of similar height along the Princes Highway to the north and south in the vicinity of the proposed development, CASA is not recommending obstacle marking or lighting in this instance.

Any future addition to the building' height will increase the penetration of the OLS (including the installation of additional antennas) and a separate assessment will be required.

This assessment does not include any crane activity required during construction. Any such crane activity that exceeds a height of 51 m AHD will require a separate assessment.

 

62.      Cranes to construct the building may penetrate the OLS which will require the consent of SACL.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

63.      A BASIX Certificate has been issued for the proposed development and the commitments required by the BASIX Certificate have been satisfied.

 

State Environmental Planning Policy (Infrastructure) 2007

 

Development likely to affect an electricity transmission or distribution network

64.      Clause 45 of the ISEPP requires the consent authority to refer a Development Application to the electricity supply authority as the development to be carried out is within 5m of an exposed overhead electricity power line.

 

65.      The application has been referred to Ausgrid on 6 October 2016. No response has been received to date and concurrence is assumed. 

 

Development with Frontage to a Classified Road

66.      Clause 101 of the ISEPP states that the consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

 

(a)       where practicable, vehicular access to the land is provided by a road other than the classified road, and

(b)       the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i)         the design of the vehicular access to the land, or

(ii)        the emission of smoke or dust from the development, or

(iii)       the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c)         the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

 

67.      The proposal satisfies the provisions of Clause 101 of the ISEPP.

 

Impact of road noise or vibration on non-road development

68.      The proposal is situated on Princes Highway, a classified road that carries in excess of 40,000 vehicles daily and is therefore subject to the provisions of Clause 102 of the ISEPP.

 

69.      Clause 102(3) requires that:

 

If the development is for the purposes of a building for residential use, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

(a)   in any bedroom in the building—35 dB(A) at any time between 10 pm and 7 am,

(b)   anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

 

70.      The application is accompanied by an Acoustic Assessment (Acoustic Logic, dated 25/08/2016) and was referred to Council’s Environmental Health Officer who raised no objection to the proposal subject to the imposition of suitable conditions.

 

71.      The proposal satisfies the provisions of Clause 102 of the ISEPP.

 

Traffic Generating Development

72.      The proposed development is not a ‘traffic generating’ development in schedule 3 of the Infrastructure SEPP.

 

State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development (SEPP No 65)

73.      The proposed development is subject to the provisions of SEPP No 65, which aims to improve the quality of residential flat design in NSW.

 

74.      The application has been accompanied by a design verification from a qualified designer that verifies that:

 

a)         He or she designed or directed the design of the modification, and

 

b)         The modifications achieve the design quality principles as set out in Part 2 of SEPP No 65, and

 

c)         The modifications do not diminish or detract from the design quality, or compromise the design intent of the approved development.  

 

75.      The application was referred to the St George Design Review Panel for consideration at their meeting of 6 October 2016).  The following comments were provided with respect to the design quality principles set out in the Policy. After each Panel comment in italics, an officer comment is given as to how the amended plans respond to those comments.

 

Context

The context is characterised by the scale and transition of buildings occurring along Princes Highway which in this location is zoned B1 Neighbourhood Centre (B2 Local Centre in the current Planning Proposal). However the subject site abuts an R4 zone to the west (which will change over time) and a school to the south which is unlikely to change. The approach taken in the design and site layout relies primarily on the controls applying to the subject site alone and gives little regard to the existing and likely future forms of development on the adjoining sites. In particular no thought appears to be given to the form of development that might occur on the R4 zoned adjacent site subject to ADG and Council’s controls. It would be expected that the adjacent development would have a setback from the eastern boundary. This site will be severely constrained by the decision to have a zero setback on the subject site. The applicant assumes an adjacent development would be built to its east boundary which is convenient for the applicant but not for an applicant next door.

 

The inadequate site analysis demonstrates lack of proper consideration of the context

 

The large areas of blank wall and zero setback up to Level 3 facing the school create a very poor interface. There are opportunities for windows above Level 3 and landscaping along the site boundary and at Level 1 rooftop and Level 3 rooftop to provide relief to dominating built form.

 

The Princes Highway is regarded as the commercial centre. Therefore the retail/commercial space at the ground floor should be easily accessible from the Highway footpath.

 

Officer Comment: The amended plans have been prepared in response to the desired future context of the Kogarah North Precinct and in consultation with Council in consideration of the draft Interim Design and Development Guidelines for the precinct. The proposal adopts a zero lot boundary alignment on the lower four floors, with upper floors setback 5m to the southern boundary and 9m to the western boundary. This allows future development of the site to the west, an appropriate street wall height and transitional scale and solar access to the school to the south.

 

Blank walls have been either, treated, fenestrated or setback that address the Panel’s comments.

 

The amendments have had regard to the Panel’s comments on the accessibility of the commercial tenancy from the highway.

 

Built Form and Scale

As noted above the built form requires modification to respond to the issues above, particularly the inclusion of a side setback of 6m along the western boundary to provide a solar access corridor to the school yard and adequate space for tree planting in deep soil.

 

The current design has a poor interface to the Princes Highway. The upper portion of the building steps towards the street and is visually top heavy from a pedestrian view point. The lower levels could be aligned with the upper façade to eliminate this perception while retaining the slot and the 4 storey datum line along the street. This would also be in keeping with the architect’s design vision.

 

The blade walls at Level 3 on Regent Street are not as successful at defining a lower scale datum and scale transition as the datum and slot along the Princes Highway frontage. It is recommended to cap the top of the blades between balconies to reinforce this datum and to provide additional benefit of shade cover to the balconies.

 

Ground level interface to the Princes Highway shows no access and should be more permeable for pedestrians to access the retail.

 

The fire hydrant boosters need to be relocated to a less conspicuous location (perpendicular to the street).

 

Officer Comment: The built form has been amended in response to Council’s consideration of draft Guidelines for the Precinct.

 

The amended plans do not setback to the western boundary as recommended by the Panel as already discussed.

 

The amended plans maintain what the Panel describes as a ‘top heavy’ presentation to the Princes Highway on the upper levels. It is considered that this element presents strongly to the corner as a clear entry to the Kogarah Town Centre, though it has been ‘lightened’ by incorporating louvered screens to the southern walls and glazing differentiation. The high proportion of glazing and reduced bulk overall, make the proposal an appropriate form for the commercial corner to the Kogarah North Precinct.

 

The blade walls have been effectively diminished to Regent Street as recommended by the Panel, and the four storey datum set clearly with a parapet.

 

Density

Does not comply. The attempt to maximise density to the benefit of the subject development would be to the detriment of the amenity of adjoining properties and will severely constrain the ability to achieve a reasonable design outcome on the property to the west. Furthermore, this density has impacts on amenity within the subject site and limits capacity to provide deep soil. As recommended above, the design should be amended to provide reasonable deep soil setbacks on the south and west. In this instance it may be acceptable to relocate floor space lost on the south and west sides of the site by an additional two (2) floors north of the lift and stair core facing Regent Street and, possibly by a not excessive increase in the height limit breach at the corner of Princes Highway and Regent Street, subject to testing that the benefits of providing a better boundary interfaces and a solar access corridor to the school outweigh the additional shadow from a higher corner element and impact on the streetscape. Floor space could also be increased by reducing balcony/winter garden depths to the east side units.

 

There are contentions about what constitutes GFA and what does not. The Panel is of the opinion that the east to west ‘breezeways’ and most of the north to south ‘breezeways’ are actually corridors that meet the definition of gross floor area and should be counted in the FSR calculation.

 

While the Panel understands that winter gardens strictly meet the definition of GFA, if the applicant chose to change them to balconies these areas would be excluded from GFA. The acoustic benefits of winter gardens facing the Highway and amenity benefits during inclement weather are acknowledged by the Panel and warrant flexibility in applying the standard subject to a well-founded Clause 4.6 submission.

 

Officer Comment: Density has been amended to comply and the Panel’s comments taken into consideration.

 

Breezeways have been amended to use a fixed open form metal louver or mesh screen, rather than the enclosable glass louvered walls in the original scheme.

 

The Panel’s advice has been noted and adhered to in consideration of maintaining ‘winter gardens’ to most highway-facing balconies. These have been excluded from GFA calculations as they have fully openable double bi-fold glazed elements above the balustrades. This is an appropriate flexible solution to the north-eastern highway frontage.

 

Deep soil landscape is not provided as recommended by the Panel as the proposal is amended in response to the draft Guidelines for the Precinct, which specifies a podium level that occupies the site.  Instead, the proposal provides landscape treatment at podium level that greens the building, breaks up its massing and provides soft intrusions into the built form. This is considered an acceptable outcome.

 

The ADG states that “achieving the design criteria (for deep soil zones) may not be possible where:

 - The location and building typology have limited or no space for deep soil at ground level (eg central business district, constrained sites, high density areas, or in centres)

- There is 100% site coverage or non-residential uses at ground floor level.”

 

The proposal meets the above criteria to justify an exemption for deep soil zones. The proposal also meets suitable stormwater detention requirements to compensate for the lack of deep soil zones and satisfies the ADG. 

 

Sustainability

The Panel does not believe that the open slots along the breezeway provided on the west side of the units facing the Highway are an acceptable or effective means of providing daylight or natural ventilation to the units facing the Highway. Furthermore, the Panel is of the opinion that the resulting amenity of the bedrooms facing these slots would be very poor.

 

The Panel’s assessment is that less than 50% of units will have adequate natural ventilation and that no more than 60% of units will receive at least 3 hours (or 2 hours) of direct sunlight between 9am and 3pm at mid-winter. The deeply recessed balconies and blade walls contribute to the shortfall.

 

Otherwise subject to BASIX.

 

Officer Comment: The amended plans widen the breezeways, but close off the voids between breezeway bridges to the units facing the highway. The former voids have been converted to storage spaces outside the units with a 1.8m high wall surrounding each.  This further decreases access to light and ventilation and is not supported.

 

To resolve the issue, it is recommended that a condition be imposed that:

 

The storage areas between the bedrooms and breezeways to Units U208, U209, U308, U309, U405, U309, U505, U605, U705 U805 and U903 are to be deleted and voids inserted to improve access to light and ventilation to those units with windows facing that breezeway. A void above storage space U309ST is to be created corresponding to the required voids below by inserting a void in the landscape planter. Solid walls surrounding the voids are to be replaced with frosted glass balustrades with a height of 1.6m.

 

Solar access has been improved through reduction of the balcony depths to Princes Highway.

 

Landscape

Landscape proposals are very limited for development of this scale with landscape proposals only shown for a communal roof terrace on Level 7.

 

The proposal shows no deep soil and no landscape at ground level. A 6m deep soil setback along the western boundary as noted above would provide capacity for deciduous trees to be planted along the length of the boundary, and mitigate visual impact on neighbouring properties. The proposed interface to the adjoining school is dominated by walls and blank facades with no landscape. The basement and ground level building floorplate should be reconfigured to provide a deep soil setback along the school boundary to provide capacity for tree and shrub planting. Planting should be provided on the first floor level roof top to soften this edge.

 

The communal roof space on Level 7 includes a pergola and blade walls on the northern boundary which creates a confined space. This pergola should be relocated to allow for expanded planting zones and provide views and outlook for users.

 

Communal open space volume should be provided in accordance with the ADG. This may require provision of additional communal roof top spaces.

 

Streetscape improvements such as additional street planting on Regent Street and improvised paving should be provided.

 

Officer Comment: The amendments replan the communal open space areas into two areas, one on Level 1 at the southern side of the building and one on Level 9 at the north-west corner.  Both areas are unconfined, highly usable spaces.

 

The proposal provides 28% of the site area as usable communal open space over two open space areas that comply with the minimum ADG requirement of 25%.

 

Amenity

In their review of the application the Panel identified the following amenity issues:

- Poor natural ventilation due to the number of single aspect units

- Direct solar access does not meet ADG guidelines

- Inadequate in unit storage - the application should be accompanied by a schedule    demonstrating compliance with ADG guidelines (the Panel notes that basement storage is good)

- Kitchens in the studio units are badly located in the front door entry passage and provide limited bench space

 

Provision of windows in the south wall of end units above Level 4 would improve their amenity (and relieve the appearance of a large area of blank wall)

 

Officer Comment: As already discussed, improved access to light and ventilation is facilitated by way of imposition of a condition to create voids through the breezeway.

 

Balconies facing Princes Highway have been reduced in depth by 1m thereby increasing solar access to living areas and adequately addressing the issue, particularly as the balconies are north-east facing.

 

Kitchens in the studio apartments have been moved further from the front door as recommended.

 

Safety

The deeply recessed entrance off Regent Street provides a potential place of concealment. If it is not possible to move the entry doors closer to the street, 24 hour lighting and CCTV should be installed.

 

Officer Comment: The issue has been addressed, with the amended plans pushing the entry doors and lobby towards the Regent Street frontage.

 

Housing Diversity and Social Interaction

Satisfactory.

 

Officer Comment: Noted.

 

Aesthetics

Large areas of blank wall presenting to the streetscape and adjoining properties are unacceptable. The overhang of the east elevation above Level 4 produces a top heavy form, which could be remedied by bringing the units below Level 4 to the street boundary.

 

Officer Comment: Blank walls have been either, treated, fenestrated or setback that address the Panel’s comments.

 

As discussed the top heavy corner presentation is considered acceptable for the site and the nature of the development. Corners, particularly in a commercial, town centre entry, should present strongly.

 

76.      The proposal as amended is considered to satisfy the provisions of SEPP 65 subject to the imposition of suitable conditions.

 

Deemed State Environmental Planning Policy – Georges River Catchment

77.      All stormwater from the proposed development can be treated in accordance with Council’s Water Management Policy and would satisfy the relevant provisions of the Deemed State Environmental Planning Policy – Georges River Catchment

 

(ii)       any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority, and

 

78.      There are no draft environmental planning instruments relevant to the subject application. However, due to the recent gazettal of the New City Plan, draft Kogarah North Urban Design Strategy has been prepared and exhibited to provide guidance to new developments being proposed in the Kogarah North Precinct.

 

Draft Kogarah North Urban Design Strategy

79.      At the Council meeting of 1 May 2017, the Administrator moved and declared carried:

 

(a)     That the draft Kogarah North Urban Design Strategy be publicly exhibited for a minimum period of 28 days.

(b)     That Option 3 and the urban design principles contained within the draft Kogarah North Urban Design Strategy be adopted by Council as an interim set of planning controls from the date of the gazettal of Amendment No.2 to Kogarah Local Environmental Plan.

(c)     That Council advise applicants and landowners that any application within the Kogarah North Precinct will be assessed against Option 3 and the urban design principles contained within the draft Kogarah North Urban Design Strategy.

(d)     That Council prepare an amendment to Kogarah Development Control Plan 2013 by including as a specific chapter Option 3 and the urban design principles contained within the draft Kogarah North Urban Design Strategy.

(e)     That the amended Kogarah Development Control Plan be placed on public exhibition in accordance with the Environmental Planning and Assessment Act 1979 and its Regulation 2000 at the same time as the draft Kogarah North Urban Design Strategy.

(f)         That a further report be presented to Council following the public exhibition of the draft Kogarah North Urban Design Strategy and amended Kogarah Development Control Plan.

 

80.      The subject application has been prepared and lodged in absence of an overarching strategic vision for the Precinct, which is currently being prepared.  Assessment of the subject application has been undertaken in consideration of the principles set out in this document to ensure that the proposal sets a standard of design and massing that will set the tone for future applications submitted after gazettal of the LEP.

 

The purpose of these interim design and development principles is to ameliorate the risk that early development applications may undermine the implementation of a coherent vision for the Precinct. These interim design and development principles have been prepared to assist Council in their determination of early DAs with some degree of transparency and consistency.

 

81.      The Draft Interim Guidelines are set out according to the principles similar to those set out in SEPP 65 and include: context and neighbourhood character, built form and scale, urban structure, density, sustainability, landscape amenity safety, housing diversity and social interaction, and aesthetics.

 

82.      The objectives and strategies for each principle are discussed below with commentary on how the proposal achieves each.

 

Context and Neighbourhood Character

Objectives

 

·    To recognise that the precinct character will undergo a radical transformation as development intensifies in coming years

·    To acknowledge and strengthen the key character elements that will remain including the primary urban structure, heritage items and institutional land uses

·    To retain all heritage buildings across the Precinct and encourage their preservation

 

Strategies

 

·    Step-down building scale adjacent to heritage items

·    Provide adequate curtilage and setbacks to heritage items

·    Maintain solar access to existing apartment buildings and public open space

·    Protect the large established avenue trees, particularly in Victoria Street and Palmerston Street

·    Follow the Australia ICOMOS Charter for Places of Cultural Significance, The Burra Charter for development to heritage items.

 

83.      The proposed development is the first to be lodged and assessed in the Precinct under the provisions of the New City Plan, though there is a nearby ten (10) storey residential flat building at 21 Princes Highway to the north of the site, which anticipates the desired scale under the New City Plan.

 

84.      Above level 4 the proposal provides a setback to allow a step down in scale to the south and setbacks to the western boundary to provide solar access to the school. 

 

Built Form and Scale

Objectives

 

·    To ensure a comfortable human scale, avoiding the appearance of deep and unbroken canyons and tempering the scale of the street-edge buildings

·    To create buildings that define the streets and parks, with a consistent pattern of massing while fostering architectural diversity within this framework, thereby encouraging different streets to have a distinct and recognisable character

·    To encourage heritage conservation

·    To ensure that development does not result in the creation of isolated sites

·    To encourage site consolidation for efficiency and improved public domain interface

 

Strategies

 

·    Amalgamation of allotments will be required in the circumstance where an isolated allotment would otherwise be created

·    Encourage lot consolidation to create a 60m street frontage length to optimise yield and public domain amenity

·    Predominant streetscape of four storeys in the foreground (suggest 5m front setback), with taller elements set behind this (8m upper setback)

·    Consider the possibility for smaller or zero street setbacks on super-block corners and corners with neighbourhood shop ground floor uses

·    Secondary corners with neighbourhood shops at ground floor are to provide a 2m setback to the street wall, while residential use at the ground floor will require a 5m setback to the street wall

·    The maximum length of a building above the four storey podium is 40 metres

·    Zero side setbacks are permitted up to four storeys if the building is compliant with the ADG and if the building maintains neighbouring sites’ redevelopment potential. Zero side setbacks are not permitted if the building is adjacent to a heritage item

·    Neighbourhood shops to the ground floor are to extend for a maximum of 20m past the corner

·    Taller building elements to be separated with breaks in massing to allow views beyond, sky and sunlight

·    No ground floor apartments are to be below the adjacent footpath level

·    Avoid ziggurat building form (prefer one step not two above podium level)

·    Minimise ‘dead’ frontage to streets and maximise the use of active frontages

·    Provide adequate curtilage and side setbacks from heritage sites and a transition in height from the heritage items

·    Council may consider the use of a transferable Heritage Floor Space Scheme

·    Buildings to the south of St Paul’s Anglican Church to have a 15-metre setback from the church site

·    Princes Highway frontage setback to be similar to the adjacent frontage along the highway

·    Investigate mechanisms for subsequent integration of isolated sites such as shared basement connections and servicing

 

85.      The proposal meets the above objectives and strategies. The site has no direct adjoining neighbours on Princes Highway. The proposal minimises setbacks to the Princes Highway / Regent Street corner to maximise setbacks to the south and west.

 

Urban Structure

Objectives

 

·    To recognise that as the function of the precinct changes, its structure should be adapted and modified to respond to the new set of uses. As density increases, the urban block structure should become finer, permeability should increase and intersection density should increase

·    To support the predominance of walking as the way of moving through the neighbourhood.

·    To provide a set of new open spaces in the neighbourhood to serve a variety of recreational and social functions

·    To create a clear hierarchy to the streets and laneways, while providing a consistent character throughout the Precinct.

·    To provide pedestrian linkages and access routes though the Precinct to offer residents and visitors greater choice of movement, as well as a safer and more enjoyable walking or cycling experience

 

Strategies

 

·    Create new links and laneways to increase permeability of movement within the precinct and to increase pedestrian intersection density through the neighbourhood

·    Ensure open spaces are easily reachable with connections to the surroundings

·    Design open spaces that contribute to the positive effects of being within Sydney’s green grid and a green infrastructure network

·    Ensure that urban structure and open spaces respond to the objectives for Water Sensitive Urban Design Spaces and stormwater management, through elements such as drainage swales and detention ponds

·    Create a new shared zone to Railway Lane running north south

·    Create a new shared zone on Victor Street as an Extension to the Town Common

·    Create a new through site link from Railway Lane to Palmerston Street (suggest through 11 Palmerston Street)

·    Create a new laneway north south through Block 2 as a continuation of Regent Lane

·    Create a new through site link from Stanley Lane to Victoria Street (suggest through 22 Victoria Street)

·    Widen existing through site link south of St Paul’s Anglican Church to 10m

·    Investigate creating a small-scale carpark under part of the Town Common to house car parking for Kogarah High School and the public

·    Investigate the use of Kogarah High School’s primary open space to become a shared space – Town Common

·    Consider opportunities to encourage a change in land use to adaptively reuse 12 and 14 Victor Street for a community facility

 

86.      The proposal is a corner entry to the site and is not the subject of the above strategies.

 

Density

Objectives

 

·    To ensure that development maximises density while balancing external impacts including: impacts on the amenity and development potential of adjacent development sites; amenity in the public domain; the need for improvements in infrastructure

·    To moderate density on constrained sites and permit greater density on sites that have greater capacity and minimal external impacts

 

Strategies

·    Permit reduced setbacks at major and some secondary corners for greater yield

·    Permit zero side boundary setbacks up to 4 storeys to sites along the Princes Highway. Other sites within the Precinct could be considered dependant on amalgamation patterns, compliance with SEPP 65 solar access and cross ventilation, and demonstration that there would be no additional impacts to the adjacent properties

·    Encourage consolidation to create sites over 60m length to optimise yield

·    Consider schematic design for redevelopment of neighbouring sites to protect  Precinct-wide yield density while meeting the provisions set out in the Apartment Design Guide

 

87.      The proposal achieves the objectives and strategies where applicable. Setbacks are discussed in more detail later in this report.

 

88.      The proposal has been amended to provide suitable setbacks to satisfy the ADG building separation provisions and still protecting yield density in accordance with the draft height and FSR set out in the New City Plan.

 

Sustainability

Objectives

 

·    To encourage design for sustainable environmental, social and economic outcomes by encouraging designs that minimise usage of power and water and allow flexibly in design so that places and facilities may have multiple uses over time; applying the principle of “long-life loose-fit”.

·    No increase in stormwater beyond the existing output..

 

Strategies

 

·    Protect existing trees and plan for street trees to improve micro-climate

·    Increase tree canopy cover from current 21% of land area to 35% of land area over the entire Precinct area

·    Encourage green roofs and green walls to improve amenity for residents and provide urban markers within the Precinct

·    The encouraged minimum green roof cover per site is 50% and is to be considered as communal open space. Where possible, green cover is to be located on lower level roofs to improve outlook

·    Integrate Green Infrastructure in to the streetscape where appropriate

·    Incorporate a system of Water Sensitive Urban Design, tree canopy cover, living architecture objectives and urban food initiatives

·    Provide significant tree planting in deep soil for urban canopy objectives and to provide urban ecological habitats

·    Design for a link between green spaces to improve biodiversity across the precinct and connect to external Green Grid links

·    Design for pedestrian priority throughout the Precinct by encouraging walking and public transport usage

·    All waste collection and service vehicles to be provided for on site

·    Integrate WSUD including on-site reuse and recycling into the design of the public open spaces with collection, retention and filtration of the rain water

 

89.      The proposal incorporates new street trees along Regent Street and reinforces the ground floor and fourth floor setbacks with landscaping treatment to provide green spaces in the building as it rises in storeys.

 

Landscape

Objectives

 

·    To adopt an integrated approach towards landscape in the public and private domain to develop a positive image and contextual fit of well-designed developments

·    To recognise that streets serve a far wider set of social and practical needs than previously, because people will be living at higher densities in apartments without yards or large living rooms

 

Strategies

 

·    To create liveable street designs that are accessible to all and are envisioned as ‘shared spaces’ for both vehicular, pedestrian and cyclist uses, that are all safe, well connected and activated to promote social activities

·    Generate a clear hierarchy of high quality streets for ease of legibility and use

·    Provide a variety of scale and type of public open space

·    Design visually attractive streetscapes, to foster social well-being and create a comfortable micro-climate

·    To maintain all significant existing street trees

·    Provide additional street tree planting in all streets

·    Create and utilise a detailed material palette of ground surface treatments, public domain furniture and signage strategy for the whole public domain of the precinct

·    Seek opportunities for rear lanes to be configured as shared zones and for adjacent development sites to include community gardens and community facilities

·    Utilise ‘Living Architecture’ controls particularly for taller buildings that will have immediate regional views for urban greenery and building performance

·    Create a good mix between constant resident related functions and temporary alternative functions of evenings and weekends

·    Development which is adjacent to open spaces is to enhance its quality by creating compatible activating uses

·    Development which is adjacent to open spaces is to avoid adverse impacts on open spaces such as overshadowing

 

90.      The proposal provides street trees on Regent Street and the mixed development provides a mix of resident related functions and commercial functions to provide vitality. The other above strategies do not apply as the site is a relatively small, corner site on the edge of the Precinct, without a rear lane or public open space area adjacent.

 

Amenity

Objectives

 

·    Encourage social and community interaction in a distinctive and attractive neighbourhood with excellent amenities in public domain

·    Preserve significant elements that give the existing amenity such as large trees and some heritage buildings

·    Create a pleasant leafy environment with a comfortable microclimate shade and sunlight throughout the year

·    Create a convenient and pleasant walking environment through the neighbourhood

 

Strategies

 

·    Increase the effective amount of public open space in the precinct by improving the school playing fields and making them available to the wider community outside of school hours

·    Seek to establish a community centre with a variety of community functions and possibly including a café at Victor Street and the proposed Town Common

·    At Victor Street and the proposed Town Common, provide public amenities such as toilets, cafes and community hubs relating to proposed outdoor activities.

·    Create and protect solar access plane to Victor Street to minimise overshadowing to Kogarah High School’s primary open space

·    Provide a lower built form to Railway Parade to minimise overshadowing to St George Girls High School’s primary open space. Provide solar access to at least 60% of the playing field at 3pm on June 21st. Demonstrate how the remaining sites along Railway Parade can be development to a similar density while achieving the solar access requirements

·    Maintain solar access to existing apartment buildings and public open space

·    Maintain a minimum of two hours of solar access to 70% of neighbouring apartments’ private open space and habitable rooms between 9am-3pm on 21 June

·    Create three distinct public open spaces throughout the Precinct that are varied in scale, use and character and are linked by a pedestrian landscaped spine. These three types of public open spaces are defined as:

▪ Precinct Park. Activities such as; open green, picnic spots, active sports, formal sports, informal play, larger group gatherings, habitat and toilets

▪ Potential Community Hub Park. School uses and activities such as; school open space, formal play, table tennis/youth play, informal sport, activated edges with seating etc., facilities and cafe and temporary markets

▪ Pocket Park. Activities such as; informal performance, community gardens, summer seating/ gardening rooms and informal play

 

91.      The site is a small site on the corner of the Precinct with no development sites or residences adjoining to the south, making the above strategies generally unviable or irrelevant. The exception is overshadowing to the school to the south, which is discussed in this report and found acceptable.

 

Safety

Objectives

 

·    To create a comfortable and safe environment for current and future residents, especially for the young people attending the three schools in the precinct.

·    To encourage good design that optimises safety and security within the development and the public domain.

 

Strategies

 

·    Adopt the principles of Crime Prevention Through Environmental Design (CEPTED)

·    Capture opportunities to maximise passive surveillance of public and communal areas promote safety.

·    Ensure high quality materials, finishes and construction details throughout the public domain and adjacent private domain

·    Create opportunities for street activation through retail of various scales including outdoor dining areas

·    Neighbourhood shops are to be provided on the ground floor of all Princes Highway frontages and are to be provided strategically within the Precinct.

·    Local streets and lanes are to prioritise pedestrian activities such as seating, informal play and community activities.

·    Design for a varied human scale and a streetscape stimulation at eye level

·    Articulate living room windows and kitchen windows to face streets to improve casual surveillance of streets and make habitation recognisable from streets

·    Provide clear crossing points and raised crossing points which prioritise pedestrian movements and are suitable for traffic calming

 

92.      The application was referred to Kogarah Local Area Command for a CPTED assessment on 29 September 2016. However, no response has been received to date. The proposal satisfies the above strategies.

 

Housing Diversity and Social Interaction

Objectives

 

·    To optimise Kogarah North’s close proximity to major transport and major health and education institutions by increasing key worker housing and opportunities for ageing in place

·    To create an extensive range of living options for a wide range of household types and income levels

·    To encourage design of streets that are accessible to all and are envisioned as ‘shared spaces’ with both vehicular, pedestrian and cyclist uses that are all safe, well connected and activated promoting social activities.

 

Strategies

 

·    Provide a diverse mix of housing types and sizes suitable for all ages

·    Provide for a variety of settings for formal and informal social interactions

·    Design for appropriate street widths for human comfort and scale that provides suitable dimensions for footpath widths with access for all and opportunities for places to stop, stay and inhabit

·    Create adaptable streets and public domain spaces which accommodate a range of uses and activities

·    Provide all weather protection in the form of awnings where suitable, to encourage outside activities

·    Provide a range of public domain furniture

·    Utilise appropriate non-slip paving materials

·    Design to Australian Disability Discrimination Act standards to allow for usage of public spaces for all abilities and ages

·    Provide a public domain of spaces that encourage a range opportunities such as; active and passive recreation, informal and formal seating, children’s formal and informal play, exercise stations and sport activities, temporary markets and overlays, formal gathering space, community gardens, picnic facilities and performances.

 

93.      The proposal satisfies the above strategy and objectives by providing a mixed residential commercial development containing an appropriate mix of studio, one, two and three bedroom apartments. The proposal provides variation to unit layouts and two communal open space areas.

 

Aesthetics

Objectives

 

·    Achieve variety with order. Architectural diversity within a regular and consistent built-form framework.

·    Material selection also has an important role in aesthetic quality, it has an important role to play in creating a cohesive and distinct visual environment.

·    Overarching built form should reflect consistently applied strategies, while permitting diversity in detail and ‘personal touches’ in the presentation of homes and community facilities.

 

Strategies

 

·    Limited pallete of predominant material either rendered masonry of face brick

·    Streets of familiar design reflective the distinct usage and role of each street

·    To all streets, except along the Princes Highway, Railway Parade North and major and secondary corners, provide five metre front building setbacks that incorporates landscaping to the street to create useable front courtyards and allow for individualised landscaping of the space between the street and the building

·    Provide a 2-metre front building setback along Princes Highway and Railway Parade to strengthen their highly urban character

·    Encourage street activation through individual pedestrian access to ground floor apartments from the street with personalised elements such as planter boxes and ‘front porch’ furniture

·    Moderate apparent height of ‘street wall’, by establishing a four-storey high built form, with upper levels setback by 3m

·    Taller tower forms to be generally located on corner of super-blocks to emphasise urban structure and mark urban thresholds

·    Throughout the plan area introduce parallel parking bays and footpath widening. At intersections introduce blisters to reduce crossing widths and calm vehicular traffic

·    New development adjacent to heritage items are to be appropriate in scale

 

94.      The subject application was submitted in September 2016 and amended in April 2017, prior to the preparation and exhibition of the Draft Urban Strategy. The proposal therefore did not anticipate and does not meet the draft setback control of 2m for a secondary corner and 3m for levels above the fourth storey. The proposal achieves the other objectives and strategies where applicable. The proposed street setbacks have been assessed on merit considering that the site has highway frontage on one of the secondary corners in the block hierarchy and it is appropriate to for the commercial zoning to incorporate partial zero boundary setbacks on the site up to 4 storeys as proposed. Setbacks are discussed in more detail later in this report.

 

95.      The proposal satisfies the above objectives and strategies where relevant.

 

Kogarah North Built Form Studies

Similar to Option two this scheme places an emphasis on creating a built form that generally complies with the ADG controls such as building separation, solar access, cross ventilation and assumes a minimum of two cores per building. This option defines a four storey street wall character to the Precinct. This scheme places further emphasis on transitioning between the scale of the heritage items and the new built form with reduced heights and increased setbacks adjacent to the heritage items.

 

This scheme retains the existing heritage items along Victoria Street. The 10 storey towers are all setback to create a consistent four storey street wall height. The height of the buildings to the north of Kogarah Girls High and the new Common, along Victor Street, are reduced to minimise any overshadowing to the open spaces. This scheme has the lowest FSR of the options at 2.52:1.

 

Line Callout 2: The Site

 

Officer Comment:

96.      The proposal is generally consistent with the massing model under Option 2, providing suitable setbacks to the south and west on levels 4 and above, but providing a strong corner element to accentuate the entry to Kogarah Town Centre and ‘bookend’ Regent Street rather than the stepped back tower shown in Option 3.

 

97.      The proposal allows for future development in Regent Street to be designed with any of the above 3 options without compromise and provides suitable solar access to the school to the south. The proposal is considered an acceptable design outcome for the site as an entry to the Precinct.

 

(iii)      any development control plan,

 

Kogarah Development Control Plan 2013 (KDCP 2013)

98.      The proposed development is subject to the provisions of the Kogarah Development Control Plan 2013 (KDCP2013). The following comments are made with respect to the proposal satisfying the objectives and controls contained within the DCP.

 

Commercial Localities - Kogarah North B

99.      The site comprises the amalgamated allotments known as the Kogarah North B group of commercially zoned lots on the corner of Regent Street and Princes Highway.

 

Height

100.    The maximum number of levels specified in the locality is 6 + mezzanine (7 levels in total), with the objectives providing for a four (4) storey street wall height along the Princes Highway frontage. The maximum overall height (to the uppermost habitable part of the building) is 22.5m.

 

101.    The proposal does not comply with the existing height requirements, having been lodged with a view to assessment under the provisions of the New City Plan. The proposal is directly south of the 10 storey residential flat building opposite Regent Street from the site (21 Princes Highway) and generally compliant with the New City Plan height provisions. Given the draft height provisions, corner location, and the site’s function as a gateway to the Kogarah Town Centre. The proposed height and massing is acceptable on merit and in line with the recently amended KLEP 2012.

 

Preferred Land Uses

102.    The proposal provides a commercial or retail ground floor tenancy and residential on the upper levels, satisfying the preferred land uses for the locality.

 

Amalgamations

103.    The proposal satisfies the requirement that all lots are to be amalgamated in accordance with the following diagram.

 

 

Setbacks

104.    The following setbacks apply to Princes Highway:

 

·    Ground floor - Build to Boundary

·    First floor - if commercial build to boundary or Residential – minimum 3m.

However buildings should be massed up to the full two storey height at the street frontage.

·    Second and Third floor - Residential and/or Commercial – minimum 3m. The 3m may include balconies, which should appear as a solid element.

·    Fourth floor - Minimum 4m, which may include balconies

·    Fifth floor + mezzanine - 4m. This setback may include balconies on the fifth floor but not at the Mezzanine.

 

105.    To Princes Highway the proposal provides a 1m setback on the ground floor to provide pedestrian access to the commercial tenancy at both Highway and Regent Street frontages whilst dealing with the level changes. Levels 1-4 above are setback 1.28m with levels 5-9 being aligned to the boundary. Whilst not satisfying the setbacks numerically, the proposal provides a meritorious design approach with a view to the provisions of the New City Plan and strategies of the Interim Design Guidelines that strongly demarcates the entry to the northern end of the Kogarah Town Centre.

 

106.    To 97 Regent Street (west) the following setbacks apply:

 

·    Ground floor – minimum 7m, providing for either open space or vehicular access to the development.

·    First Floor – minimum 6m.

·    Second to fourth floors – 9m but this area may include balconies that are designed to minimise overlooking.

·    Fifth floor + mezzanine – minimum 11m with no balconies to the mezzanine.

 

107.    The proposal does not satisfy DCP requirements to the western boundary. Instead the proposal has been designed in consultation with Council having regard to the Kogarah North Precinct: (Draft) Interim Design and Development Guidelines and built form studies. The proposal provides a suitable 4 storey podium level to the boundary with the remaining upper floors setback 9m which comply with the ADG to up to level 10, which the ADG recommends a setback of 12m.  A 12m setback to level 10 is not considered necessary as it creates an extra step in the building, detracting from its form and proportions. There is no significant benefit such as solar access that would result from implementing an additional 3m setback to the top floor. 

 

108.    The following setbacks to Regent Street apply:

 

·    Ground floor - Build to Boundary

·    First floor level - Residential - minimum 3m. This setback may include balconies. Buildings should be massed up to the full two storey height at the street corner to provide a consistent street wall edge and continuous corner.

·    Second and third floors – minimum 1m, with punctuations in the façade to provide variation.

·    Fourth floor – minimum 3m. This setback may include balconies.

·    Fifth floor + mezzanine – minimum 4m.

 

109.    The proposal does not satisfy setback requirements in the DCP to Regent Street. The proposal adopts a ground floor setback of 0 - 2.5m, with floors 1-3 aligned to the street boundary at the balconies and façade. Levels above are street boundary aligned 15m from the corner, setback 0.9m for a length of 3.8m and setback 2m for the remaining 10m length. The proposed setbacks are consistent with the desired form set out in the Kogarah North Precinct: (Draft) Interim Design and Development Guidelines and Built Form Studies. The proposed presentation to Regent Street is considered an acceptable setback outcome.

 

110.    No numerical setbacks are specified to the southern boundary (adjoining Kogarah Public School) with the exception of a 3m/6.3m/4m setback shown in the following diagram for setbacks to levels 2 and 3.

 

 

111.    To the south, the proposed development is boundary aligned only partially for the lower 4 levels, with upper levels setback 5.08m for a length of 14.8m from the Princes Highway boundary and 7.9m for the remainder of the building (comprising the fire stair).

 

112.    As illustrated in the diagram below on the Princes Highway 3D perspective, the area outlined in red shows the nonconforming element of the southern elevation. The green line approximates the 9m ADG setback. As the mass is pushed forward onto the highway, there is minimal impact on adjoining properties in terms of visual or overshadowing impacts. If the building was setback to adopt the ADG guideline there may be a minor reduction in building bulk as seen from the Princes Highway approach to the site, though this is not considered significant to warrant further modification or refusal in this instance. The proposal adopts a building mass and form that is generally consistent with the Kogarah North Precinct: (Draft) Interim Design and Development Guidelines and Built Form Studies and is supported. In terms of aesthetics, the proposal as designed is better balanced, proportionately, than cutting off the side to satisfy a numerical guideline, resulting in a building that is ‘off-balance’ in appearance. Its location adjoining the front part of the school playground confers some leniency in the application of the separation guideline, given the school extends over a large site area and acceptable solar access is provided thereto. 

 

 

Density

113.    There are no density requirements in the locality controls apart from fitting in the required setbacks. Instead the proposal has been designed in consultation with Council having regard to the Kogarah North Precinct: (Draft) Interim Design and Development Guidelines and built form studies.

 

114.    The proposal has been designed to meet the setbacks of the ADG, draft Planning Principles for Kogarah North and the FSR in the New City Plan. The proposal is considered to respond appropriately to the desired form in terms of bulk and massing for the site and context.

 

Open Space

115.    The general requirements for open space and landscaping in Part D1 of KDCP 2013 include the following controls:

 

·    Retain existing, and incorporate new indigenous trees, shrubs and ground cover where appropriate.

·    Maximise deep soil zones to provide for substantial landscaping and mature trees.

·    Submit a landscape plan prepared by a qualified landscape architect.

·    Where development is proposed adjacent to low density residential development, an appropriate landscape buffer is to be planted to provide separation and screening between the proposed development and the existing low density development (Refer to Locality Controls).

·    These areas should be deep soil areas so as to allow for the planting of large/medium trees.

 

116.    The proposal provides 28% of the site area as usable communal open space over two open space areas that comply with the minimum ADG requirement of 25%.

 

117.    The communal area on Level 1 is on the southern side of the building, receiving little solar access, though the communal area on Level 8 is on the top of the building and north and west facing, receiving full sun.

 

Vehicular access, Parking and Circulation

118.    The proposal complies with the requirement that vehicular access is provided off Regent Street.

 

119.    Based on the amended plans comprising 203m² of commercial floor space, 11 x studios and 18 x one bedroom apartments, 23 x two bedroom apartments and 3 x four bedroom apartments KDCP 2013 requires the proposal to provide the following parking:

 

·    Five (5) commercial spaces

·    Seventy three (73) residential spaces

·    Eleven (11) visitor spaces

 

120.    The proposal provides a total of sixty four (64) spaces, comprising six (6) commercial spaces, fifty (50) residential spaces and eight (8) visitor spaces.

 

121.    However, it is noted that part B4 of KDCP 2013 does not provide parking rates for studios and whilst these have been considered as part of the one bedroom units in the above calculation of resident parking requirements, it is reasonable to provide parking at a rate of no parking or parking for only a proportion of studios. In any case, the provisions of Part 3J of the Apartment Design Guide apply as discussed below.

 

122.    Under Part 3J of The Apartment Design Guide, the proposal may rely on the lesser parking provisions in RMS “Guide to Traffic Generating Developments”  as site is within 800m of a railway station and is within 400m of land zoned B4.

 

123.    Council’s Traffic Engineer provided the comments in response to the originally submitted plans, with respect to traffic and parking issues. The development statistics contained in the comments related to the original proposal:

 

In regards to the proposed mixed use building at the above location, I make the following comments in relation to the “Traffic and Parking Assessment Report” by Terraffic Pty Ltd dated 1 September 2016:

 

·    The development proposes the demolition of the existing premises and construction of a new mixed use building containing 217m² of commercial floor space on the ground level and 51 residential units on the upper levels (15 x studios, 4 x 1 bedroom units, 29 x 2 bedroom units and 3 x 3 bedroom units).

·    The site is located approximately 500m walking distance to Kogarah Train Station and bus interchange

 

124.    Whilst the total number of units has increased in the amended plans from 51 to 55 units, the number and proportion of studio and one-bedroom apartments have increased from 19 to 29 and the development was in surplus. By way of clarification, the site is approximately 450m to Kogarah Station, not 500m.

 

Parking Assessment

 

·    The Apartment Design Guide 2015, Objective 3J-1, states that the minimum requirements for residents and visitors is set out in the “Guide to Traffic Generating Developments”, or the car parking requirement prescribed by the relevant Council, whichever is less.

·    As Kogarah is classified as a Strategic Centre, it falls under the RMS category as a Metropolitan regional centre (CBD). The RMS “Guide to Traffic Generating Developments” document calculates the parking requirement for a High Density Residential Flat building in the CBD as 39 spaces (0.4x19+0.7x29+1.2x3+7).

·    Therefore the residential component requires 32 units spaces and 7 visitor spaces as this is the lesser requirement.  The development has proposed 51 residential spaces and 10 visitor spaces and is deemed acceptable.  There are 6 commercial spaces proposed in accordance with the DCP and a loading bay for a SRV which is also acceptable. Out of business hours the 6 commercial spaces could be used by visitors.

 

Traffic Generation:

 

·    Based on the RMS “Guide to Traffic Generating Developments”, the site is classified as a High Density Residential Flat building and will generate a residential traffic rate of 0.19 AM peak hour vehicle trips per unit and 0.15 PM peak hour vehicle trips per unit.  The office blocks will generate a traffic rate of 1.6 AM vehicle trips per 100m² and 1.2 PM vehicle trips per 100m².

·    Therefore the residential component of the development is projected to generate 10 (51 x 0.19) vtph in the AM and 8 (51 x 0.15) vtph in the PM.

·    The commercial component of the development is projected to generate 4 (1.6 x 2.17) vtph in the AM and 3 (1.2 x 2.17) vtph in the PM.

·    The total overall traffic generation of the development is projected to generate 14 (10 + 4) vtph in the AM and 11 (8 + 3) vtph in the PM.

·    As the existing site currently generates 3 vtph in the AM and 7 vtph in the PM, overall the proposal will generate an additional 11 (14 – 3) vtph in the AM and 4 (11 – 7) vtph in the PM which is an acceptable increase to the surrounding street network and will not have a significant impact.

 

Summary

 

·    The Traffic Section can APPROVE the DA based on the acceptable parking allocation numbers and projected traffic generation.

 

Notes

 

·    As the development has proposed a commercial component as part of the mixed use on the site, the parking numbers and traffic generations rates are a lot less than if it was proposed as retail. It is for this reason that the change of use from commercial to retail within this development is not supported as there will be a spill-over of parking onto the street network and there will be considerably more traffic movements  in the AM and PM peak periods.  

·    The change of use from commercial to retail would also result in the Loading Zone not being compliant with the design requirements of “AS/NZS 2890.2:2002 - Off Street Commercial Vehicle Facilities”.

 

125.    Council’s Traffic Engineer has provided parking requirements per the provisions of the RMS “Guide to Traffic Generating Developments” given above, with which the proposal complies.

 

126.    The proposed development satisfies Council and ADG requirements for traffic and parking and is supported.

 

Privacy

127.    No issues are raised with respect to privacy as the proposal orients blank walls to the adjoining residential property at 97 Regent Street.

 

128.    The proposal generally mitigates overlooking from the playground of Kogarah Public School to the south. The studio apartments (U201 and 301) on the second and third floors overlook the north eastern corner of the school playground.

 

Solar Access

129.    The proposal as amended overshadows the playground of Kogarah Public school, with minimal overshadowing of the adjoining property at 97 Regent St at 9am. Overshadowing of Kogarah Public school is most significant at 9am as indicated in the diagram below, with the shadow moving throughout the day on June 21 to the eastern frontage of the school and away from the main playground area. At 3pm the majority of shadow is cast over Princes Highway.

 

130.    The proposed development complies with the requirement that adjoining neighbours receive at least 3 hours of direct sunlight per day to principal open space between 9am and 3pm on June 21.

 

 

 

Views and View Sharing

131.    No issues are raised with respect to views.

 

Kogarah Development Control Plan 2013 Compliance Table

132.    The following table outlines the proposals compliance with the primary controls contained within KDCP 2013.

 

Design Outcome

Control 

Proposed

Complies

KLEP 2012

Density (FSR)

4:1 (4240m²)

3.99:1 (4237m²)

Yes

Height

33m

34m

No

KDCP 2013

Parking

      Resident

      Visitor

      Commercial

      (total)

 

73

11

5

 

50

8

6

 

Yes (complies with Part 3J of ADG

Loading Bay

One bay required if retail use specified.

Not required if commercial (with floor area <1000m²)

3.5m x 9.5m

Commercial floor space. One (1) provided with dimensions 7.5m x 3m

 

Yes

Setbacks

   Princes Highway

   Regent Street

   West (97 Regent St)

   South (school)

 

0 - 4m

0 – 4m

7 – 11m

3 – 6.3m

 

0m

0 – 2m

0 – 9m

0 – 7.9m

 

No

No

No

No

Apartment Design Guide

Side Separation (west)

    Blank Party Walls

      (levels 1-3)

    Habitable Rooms

      (levels 4-9)

    Habitable Rooms

        (level 10)

 

0m

 

9m

 

12m

 

0m

 

9m

 

9m

 

Yes

 

Yes

 

No

Side Separation (south)

    Blank Party Walls

      (levels 1-4)

    Habitable Rooms

       (levels 4-9)

    Habitable Rooms

        (level 10)

 

0m

 

9m

 

12m

 

0m

 

5.08 – 7.9m

 

5.08 – 7.9m

 

 

Yes

 

No

 

No

Min. Apartment Sizes

   Studio

   1 br

   2 br

   3 br

 

35m²

50m²

75m² (incl. ensuite)

90m²

 

40m²

50m²

>85m²

92m²

 

Yes

Yes

Yes

Yes

Min Living Area Width

   Studio /1 br

   2 br / 3 br

 

3.6m

4m

 

3.8m

>4m

 

Yes

Yes

Balcony size

10m² for 2-bedroom

8m² for 1-bedroom

4m² for studios

>10m

8m²

4m²

Yes

Yes

Yes

Communal Open Space

25% of site area (256m²)

28%

(286.8m²)

Yes

 

Section 94 Contributions

133.    The proposed development requires payment of $670,838.19 in Section 94 contributions based on the provisions of Kogarah Section 94 Contributions Plan No.1 – Road and Traffic Management, Kogarah Section 94 Contributions Plan No.8 – Kogarah Town Centre, and Section 94 Contributions Plan No.9 – Kogarah Libraries.

 

134.    The contribution amount is based on 29 x 1 bedroom units, 23 x 2-bedroom units and 3 x 3 bedroom units.

 

135.    Concession is given for existing development on the site as follows:

 

Residential - 43-47 Princes Highway

2 x 2 Bedroom Flats

 

Residential - 41 Princes Highway

4 x 2 Bedroom Units

 

Commercial – 43-47 Princes Highway, 3 x Retail Shops

Cakes Come True – Shop is 20 sqm

Everest Tandoori – Shop is 187.95 sqm

A2Z Communications - Shop is 130 sqm

 

(iv)      any matters prescribed by the regulations, that apply to the land to which the development application relates,

136.    Not applicable.

 

(b)       the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

137.    The proposed development is of a scale and character that is in keeping with other dwellings being constructed in the locality. Accordingly, the proposal is not considered to have a significant impact on the natural and built environment of the locality.

 

(c)     the suitability of the site for the development,

138.    It is considered that the proposed development is of a scale and design that is suitable for the site having regard to its size and shape, its topography, vegetation and relationship to adjoining developments.

 

(d)     any submissions made in accordance with this Act or the regulations,

139.    In accordance with the provisions of Section A2 – Public Notification of KDCP 2013 application was placed on neighbour notification for a period of fourteen (14) days adjoining property owners were notified in writing of the proposal and invited to comment. No submissions were received.

 

(e)     the public interest.

140.    The proposed development is of a scale and character that does not conflict with the public interest.

 

Conclusion

141.    The application has been assessed having regard to the Heads of Consideration under Section 79C of the Environmental Planning and Assessment Act 1979, the provisions of KLEP 2012 and KDCP 2013. 

 

142.    Following detailed assessment it is considered that Development Application No 183/2016 should be approved subject to conditions.

 

DETERMINATION

That Council as the Consent Authority pursuant to Section 80(1)(a) Environmental Planning and Assessment Act 1979, grant consent to Development Application No 183/2016 for the Demolition of existing buildings and construction of a ten (10) storey mixed use development consisting of ground floor commercial tenancy and fifty one (51) residential apartments with basement car parking at No 45 Princes Highway Kogarah subject to conditions:

 

SPECIFIC DEVELOPMENT CONDITIONS

 

SECTION A - General Conditions

The conditions that follow in this Section A of the Notice of Determination are general conditions which are imposed to ensure that the development is carried out in accordance with the development consent.

 

(1)       Approved Plans of Consent

 

The development must be implemented in accordance with the approved plans, specifications and details listed below and any supporting information submitted with the Development Application except as amended by any conditions attached to the Development Consent:

 

(i)         Architectural plans – prepared by Michael Kitmiridis Architect, Project No. 141101, Drawing nos. DA100, DA101, DA102, DA103, DA104, DA105, DA106, DA107, DA108, DA109, DA110, DA111, DA117 Issue D, dated April 2017.

(ii)        Landscape plans – prepared by RFA Landscape Architects, Drawing No. L-01/2, L-02/2, Issue B, dated 06/04/17.

(iii)       Stormwater plans – prepared by John Romanous & Associates Pty Ltd, Drawing No. 1741 – S1/5, S2/5, S3/5 S4/5, S5/5, Rev.B, dated 05/09/2016.

 

SECTION B –Prior to the Issue of a Construction Certificate or Demolition Conditions

The conditions that follow in this Section B of the Notice of Determination relate to the payment of fees, amendments being made to the proposal, further investigation being undertaken or the preparation of documentation that must be complied with prior to the issue of a Construction Certificate or Demolition.

 

Note:  A copy of the Construction Certificate shall be forwarded to Council prior to commencement of construction where Council is not the certifier who issued the Construction Certificate.

 

(2)       Asset & Building Fees

 

Payment of the following amounts as detailed below:

 

·     Restoration Deposit of                                                                      $30,240.00

·     *Builders Long Service Levy of                                                        $58,482.00

·     Driveway and Restoration Works Design Inspection Fee of        $     800.00

·     Asset Inspection Fee of                                                                     $     110.00

 

*Note: The Builders Long Service Levy quoted is based on the market value of the proposed building works and the Levy Rate applicable at the time of assessing the Development Application and may be subject to change prior to payment.

 

(3)       Restoration Deposit

 

A deposit of $30,240.00 shall be lodged with Council to ensure the construction of the following works to be completed at the applicant's expense:

 

§ Construction of a new concrete kerb and gutter across the full street frontage in Regent Street.

§ Installation of turf as required across the full street frontage in Regent Street.

§ All associated road pavement restorations.

 

These works are to be in accordance with plans and specifications to be issued by Council.

 

(4)       Section 94 Index

 

Section 94 Contributions are to be paid as detailed below in the following condition, and until paid all contributions will be indexed four (4) times a year (on the following dates) to allow for the cost increases: 31 January, 30 April, 31 July and 31 October.

 

(5)       Section 94 Contributions

 

As at the date of Development Consent the following contributions have been levied on the subject development under Section 94 of the Environmental Planning and Assessment Act, 1979 and the nominated Section 94 Contributions Plans:

 

No.1 – Roads and Traffic Management – Residential

$    2,086.66

No.5 – Open Space 2007

$627,337.93

No.8 – Kogarah Town Centre – Traffic Facilities

$  12,449.47

No.8 – Kogarah Town Centre – Community Facilities

$  11,203.89

No.9 – Kogarah Libraries – Buildings

$  10,367.77

No.9 – Kogarah Libraries – Books

$    7,392.47

 

TOTAL

 

$670,838.19

 

Any of the above Section 94 Contributions Plans may be inspected at the Georges River Council Customer Service Centres.

 

(6)       Dilapidation Report

 

Prior to issue of any construction certificate or commencement of any demolition or earth works on site, the applicant shall submit, for acceptance by the Principal Certifying Authority (PCA), with a copy forwarded to Council where Council is not the PCA, a full dilapidation report on the visible and structural condition of the following properties;

 

(i)         All neighbouring buildings likely to be affected by the excavation as determined by the consulting engineer.

 

The report must be completed by a suitably qualified consulting structural/ geotechnical engineer as determined necessary by that professional based on the excavations for the proposal, the subsoil conditions and any recommendations of a geotechnical report for the site. The report shall have regard to protecting the applicant from spurious claims for structural damage and shall be verified by all stakeholders as far as practicable.”

 

Reports relating to properties that refuse access to carry out inspections to complete the dilapidation report, after being given reasonable written notice to request access (at least 14 days) at a reasonable time (8.00am-6.00pm), are not to hold up the release of the Construction Certificate.

 

(7)       Soil and Water Management

 

A Soil and Water Management Control Plan, incorporating contour levels and prepared in accordance with Environmental Site Management Policy shall be submitted to Council detailing all measures to control soil erosion and sedimentation runoff from the site during excavation and construction activities.

 

(8)       SEPP No 65 Certification

 

A design verification statement from a qualified designer shall be submitted that verifying that the plans and specifications achieve the design quality of the development for which consent was granted having regard to the design quality principles of State Environmental Planning Policy No. 65.

 

(9)       Adaptable Housing Compliance

 

The proposed development including the four (4) nominated adaptable units shall comply with the adaptable housing provisions of AS4299 – Adaptable Housing and AS1498 – Access and Mobility (Parts 1 and 2). The Adaptable Housing checklist and circulation diagram demonstrating compliance shall be submitted.

 

(10)     Ausgrid Sub Station

 

The applicant is to confer with Ausgrid to determine if an electricity distribution substation is required. If so, shall be incorporated within the Construction Certificate and it will be necessary for the final film survey plan to be endorsed with an area having dimensions 5m x 4m over the location of the proposed electricity distribution substation to be dedicated to Council as public roadway, or as otherwise agreed with Ausgrid. Ausgrid’s requirements are to be met prior to release of the occupation certificate.

 

(11)     Clearances to Overhead Mains

 

If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, the applicant is to confer with Ausgrid to determine if satisfactory clearances to any existing overhead mains will be affected. If so, the applicant is to make arrangements with Ausgrid for any necessary modification to the electrical network in question.

 

These works to be at the applicant’s expense and Ausgrid’s requirements are to be met prior to actual construction commencing on site or as agreed with Ausgrid.

 

(12)     Sydney Water (DA Only)

 

The approved plans must be processed through Sydney Water to determine whether the development will affect any Sydney Water asset’s (sewer and water mains, stormwater drains and/or easements) and if any further requirements need to be met.  An approval receipt will be issued by Sydney Water which is to be submitted to Council or the Principal Certifying Authority.

 

Please refer to the web site www.sydneywater.com.au for;

 

·    Sydney Water Tap in – see Plumbing, building and developing and then Sydney Water Tap in; and

·    Building over/adjacent to a Sydney Water Asset - see Plumbing, building and developing, building then Building Approvals or telephone 13 20 92.

 

(13)     Vehicular and Pedestrian Management Plan - Demolition and Construction

 

Prior to the issue of any construction certificate, any demolition or earthworks on the site, the applicant shall submit to Council for approval a “Management Plan” detailing the following to safely manage vehicular and pedestrian traffic during the works at the site:

 

§ Traffic Control Plans and details of how the company proposes to place, erect, dismantle and/or undertake the works at the site.

§ All works on the road or road related areas are to be clearly delineated and designed in accordance with the relevant standards, refer to “AS 1742.3 – 2009” and the Roads and Maritime Services “Traffic Control at Worksites (TCAWS) Manual, Version 4.0, 2010”

§ The Traffic Control Plans and the works must be prepared/undertaken by RMS accredited (ticketed) personnel.

§ Where heavy vehicles associated with the site will be parked whilst waiting to enter the site.

§ Location of loading and unloading areas for trucks.

§ The route of all trucks conveying materials to and from the site.

 

Demonstration that pedestrian access past the site is maintained during demolition and construction works.

 

(14)     Creation of Voids to Circulation Areas

 

The storage areas between the bedrooms and breezeways to Units U208, U209, U308, U309, U405, U309, U505, U605, U705 U805 and U903 are to be deleted and voids inserted to improve access to light and ventilation to those units with windows facing that breezeway. A void above storage space U309ST is to be created corresponding to the required voids below by inserting a void in the landscape planter. Solid walls surrounding the voids are to be replaced with frosted glass balustrades with a height of 1.6m.

 

(15)     Certification of Detailed Plan

 

The detailed stormwater plan is to be certified by a Chartered Professional Engineer.  A statement, that the stormwater system has been designed in accordance with Council’s Water Management Policy and satisfies the provisions and objectives of that policy, must be included in the Stormwater Detailed Plan.

 

(16)     On-Site Detention

 

A 32.3m3 On-Site Detention system with a Maximum Site Discharge of 17.9 Litres per Second is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow is to be directed to the site drainage system.

 

(17)     Detailed Stormwater Plan

 

The submitted stormwater plan has been assessed and approved as a concept plan only. No detailed assessment of the design has been undertaken. A Detailed Stormwater Plan and supporting information of the proposed on-site stormwater management system is to be submitted. The required details in this Plan and the relevant checklist are presented in Council’s Water Management Policy.

 

The design parameters and the general concept of the proposed on-site stormwater management system are to be the same as documented in the approved Concept Stormwater Plan for the proposed development. Any conceptual variations to the stormwater design will require written approval from Council and will require to be justified and supported by appropriate details, calculations and information to allow for proper assessment.

 

The Detailed Stormwater Plan is to address the following issue(s):

 

a)   The amended stormwater plan will need to include a longitudinal section of the proposed connection pipe from the property boundary to the proposed connection to the stormwater pit on The Princes Highway. This section is to include accurate locations, depths and sizes of all underground services in the vicinity to ensure that connection by gravity fall to the stormwater system can be made.

 

A suitably qualified engineer is to certify that appropriate design measures have been taken to ensure that the basement and ground floor levels are protected from flooding in the case of the On-site Detention system malfunctioning.

 

SECTION C – Prior to Commencement of Construction Conditions

 

The conditions that follow in this Section C of the Notice of Determination are specific to the proposed development and must be complied with prior to the commencement of construction on the site.

 

(18)     Geotechnical Report

 

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site.  In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot.

 

No rock breaking or other machinery for the excavation, drilling, cutting or removal of rock shall be used on the site prior to the acceptance by the principal certifying authority of the following documentation:

 

(i)         A report by a geotechnical engineer detailing the measures recommended in undertaking the works so as to prevent damage to any adjoining or nearby buildings.

(ii)        The type and size of machinery proposed.

(iii)       The routes of all trucks to convey material to and from the site.

 

(19)     Certification by Mechanical Engineer

 

To ensure that adequate provision is made for ventilation of the building, mechanical and /or natural ventilation shall be provided. These systems shall be designed in accordance with the provisions of:-

 

a)   The Building Code of Australia;

b)   Australian Standard AS 1668 Part 1 - 1998;

c)   Australian Standard AS 1668 Part 2 - 2002;

d)   The Public Health Act 2010;

e)   The Public Health Regulation 2012;

f)    Australian Standard 3666.1 - 2002;

g)   Australian Standard 3666.2 - 2002;

h)   Australian Standard 3666.3 - 2000.

 

Details of all mechanical and /or natural ventilation systems, along with specific certification, provided by an appropriately qualified person, verifying compliance with the abovementioned requirements.

 

(20)     Structural Engineer’s Details

 

Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns & other structural members.  The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works.

 

A copy shall be forwarded to Council where Council is not the PCA.

 

(21)     Protection of Site – Hoarding

 

A hoarding or fence must be erected between the work site and the public place if:

 

·    the work involved in the erection or demolition of a building is likely to cause obstruction or inconvenience to pedestrian or vehicular traffic in a public place; or

·    if it involves the enclosure of a public place.

 

If necessary an awning is to be erected which is sufficient to prevent any substance from or in connection with the work from falling into a public place.

 

Any such hoarding, fence or awning is to be removed when the work has been completed.

 

If the work site is likely to be hazardous to persons in a public place, it must be kept lit between sunset and sunrise.

 

(22)     Ground Anchors

 

Should the proposed development require the installation of ground anchors to a road reserve the following must be complied with:

 

·    The appropriate Roads Act 1993 approvals shall be obtained.

·    The anchoring is to be de-stressed once no longer required.

·    The work is to be clear of all services contained within the public roadway and the required dial before you dig investigations are to be undertaken in relation to any services that may be in the proposed anchor locations.

·    Public liability insurances being held by the builder/ developer with a copy being submitted to Council.

·    A works-as-executed plan showing the exact location of all anchoring points being submitted to Council upon their installation.

 

It is to be noted that if anchoring into adjacent private properties is required any such approval would need to be obtained from the owners of this property.

 

(23)     Driveway

 

In respect to vehicular access to the proposed development the gutter crossing and driveway are to be reconstructed between the kerb and street alignment to Council’s specifications.

 

In this regard a separate driveway application is to be lodged with Council for works outside the property boundary.  Furthermore the design boundary level is to be received from Council prior to construction of the internal driveway.

 

(24)     Council Infrastructure Inspection

 

Prior to the commencement of any works an authorised representative of the applicant is to organise and attend a meeting on site with Council’s Infrastructure Compliance Co-ordinator to discuss protection of Council’s infrastructure. To organise this meeting contact Council’s Customer Service Centre on 9330 6400.

 

(25)     Public Liability Insurance

 

All nominated contractors / applicants carrying out driveway and/or restoration works on Council property must carry public liability insurance with a minimum cover of twenty million dollars ($20,000,000.00). In this regard, prior to commencement of works, the principal contractor is to lodge an “Application for the Construction of Work by Private Contractor” to Council, which includes submitting evidence of their current insurance. The principal contractor must ensure that sub-contractors are also adequately insured.

 

(26)     Soil Erosion Controls

 

Prior to commencement of any site works, erosion and sediment controls are to be installed in accordance with Environmental Site Management Policy and any approved Soil & Water Management Plan and shall incorporate:

 

·    Measures to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways;

 

·    Controls to prevent tracking of sand, soil, aggregates, etc, by vehicles onto adjoining roadways.

 

(10)     Roads and Maritime Services Approval - Discharge Stormwater to Princes Highway

 

The proposal is designed to discharge to the stormwater network on The Princes Highway. Prior to development consent the applicant is required to gain approval from the Roads and Maritime Services with regard to this drainage and connection works and comply with all their requirements. This approval and all related plans and correspondence are to be forwarded to Council.

 

SECTION D – Construction and Operational Conditions

The conditions that follow in this Section D of the Notice of Determination are imposed to ensure the development is constructed and operates having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment during the construction phase or the operation of the use.

 

(27)     Inspections -Multi Unit

 

The following lists of inspections are the MANDATORY CRITICAL STAGE INSPECTIONS that MUST be carried out by the Principal Certifying Authority (PCA).

 

(a)  at the commencement of building works

(b)       prior to covering waterproofing in any wet areas, for a minimum of 10% of rooms with wet areas within a building, and

(c)   prior to covering any stormwater drainage connections, and

(d)       after the building work has been completed and prior to any occupation certificate being issued in relation to the building.

 

Certificates from your engineer or subcontractor are NOT acceptable in the first instance for the above inspections.  Failure to have your PCA carry out these inspections could result in a delay or refusal to issue an Occupation Certificate.

 

In addition to the above, it is recommended that the following inspections be carried out for the subject development;

 

Ž          Erosion Control

Ž          Earthworks/Excavation

Ž          Building setout

Ž          Concrete reinforcement

Ž          Timber and/or steel framework

Ž          Mechanical/Hydraulic work

Ž          Driveways

Ž          Landscaping

Ž          External Finishes

 

(28)     Storage of materials on Public Road

 

All building materials or waste containers must be stored within the confines of the site.  The storage of such building materials, waste containers or equipment associated with the project upon the public roadway, including the pedestrian footway or unpaved verge, is prohibited.

 

(29)     Use of Crane on Public Road

 

Prior approval must be obtained from Council a minimum of 24 hours before the use on any site of a crane, hoist or similar machinery that will be used to transfer materials across Council’s footpath.  This includes cranes that are situated on roadways, footpaths and road reserves.

 

Any application for approval must be accompanied by the following information:-

 

·    Site sketch indicating the proposed location of the crane, pedestrian controls and traffic controls;

·    A copy of current public liability insurance with minimum cover of twenty million dollars ($20,000,000) indemnifying Council in the event of an incident;

·    A copy of an RMS accredited traffic control plan;

·    Proof that the local area command of the NSW Police have been advised of the proposal.

 

The use of a crane, hoist or similar machinery on any site without prior approval is prohibited.

 

(30)     Building Height - Surveyors Certificate

 

The proposed building is not to be erected at a height greater than that indicated on the approved plan.  A certificate from a Registered Surveyor verifying the correct Reduced Level of the ground floor slab and boundary clearances shall be submitted prior to inspection of the steel reinforcement.

 

(31)     Excavation of Site

 

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans.  All excess excavated material shall be removed from the site.  In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot (details are available from Council).

 

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

 

All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

 

If the soil conditions require it, retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil shall be provided and adequate provision shall be made for drainage.

 

(32)     Stormwater to Kerb

 

Any stormwater connections to the kerb and gutter are to be in accordance with Council's 'Specification for Construction by Private Contractors'.

 

(33)     Redundant Driveway

 

All existing vehicular crossings adjacent to the subject premises that have become redundant shall be removed and the footway and kerb and gutter reinstated at the developer/applicants expense.

 

(34)     Work within Road Reserve

 

A Development Consent or any related Construction Certificate does not allow for the erection of a structure or to carry out work in, on or over a public road.  Should a structure or work be required a separate approval under S138 of the Road Act 1993 must be granted by Council prior to the commencement of any works within the road reserve. Applications may be made at Council’s Customer Service Centre.

 

(35)     Damage within Road Reserve & Council Assets

 

The owner shall bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.  This may include works by Public Utility Authorities in the course of providing services to the site.

 

(36)     Public Utility & Telecommunication Assets

 

The owner shall bear the cost of any relocation or modification required to any Public Utility Authority assets including telecommunication lines & cables and restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.

 

(37)     Stormwater Drainage

 

All roof water and surface water from paved or concreted areas being disposed of to the street gutter by means of a sealed pipeline constructed in accordance with AS/NZS 3500.3.2.  The line must pass through a silt arrestor pit, a standard design is available within Council’s Water Management Policy.

 

(38)     Garbage Room

 

The proposed garbage room being provided with the following:-

 

a)         A smooth concrete floor graded and drained to a floor waste connected to the sewer of the Water Board.

 

b)         The walls being cement rendered with the intersection of the walls and floor being coved to a radius of not less than 25mm.

 

c)         The door being close fitting to prevent the access of rats and mice.

 

d)         A cold water hose cock being provided for the cleaning of containers and the room itself.

 

e)         Ventilation being provided by means of direct connection to the outside air to the satisfaction of Council.

 

f)          A sign, minimum size 600mm x 600mm, directing residents not to place recyclables in garbage carts and encouraging residents to recycle.  Details of an acceptable wording for the sign are available from Council.

 

(39)     Hours of Construction

 

Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.

 

(40)     Restriction on Hours of Excavation (other than single residential dwelling)

 

Despite the general hours of construction above,

 

a)         The hours where rock breaking, cutting, hammering and drilling occur shall be limited to 9:00am – 4:00pm on weekdays only.

 

b)         A noise management plan for the above works, prepared by a suitably qualified acoustical practitioner in accordance with the Interim Noise Construction Guidelines prepared by the Department of Environment & Climate Change NSW, must be submitted to Council prior to commencement of any excavation works.

 

(41)     Provision of Amenities

 

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site or as specified by Workcover requirements .

 

·    each toilet provided must be a standard flushing toilet and must be connected:

·    to a public sewer; or

·    if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council; or

·    if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

 

The provision of toilet facilities must be completed before any other work is commenced.

 

(42)     Letter Boxes

 

Suitable letter box facilities (including Owner's Corporation in the case of strata units) shall be provided in accordance with Australia Post specifications.

 

(43)     Oil/Silt Separator

 

An oil/silt separator sized to the catchment area must be specified on the Stormwater Detailed Plans and located downstream of the proposed basement car park and prior to discharge to councils stormwater system.

 

(44)     Car Wash

 

To ensure that waste water is treated in an acceptable manner the car wash bay shall be designed and constructed to ensure that waste water is discharged to the sewer in accordance with the requirements of Sydney Water. Evidence of a permit issued by Sydney Water shall be submitted.

 

(45)     Basix Certificate Details – DA Only

 

Construction of building works given Development Consent must be carried out in accordance with a valid and current BASIX certificate and all required commitments must be satisfied.

 

(46)     Air Conditioning / Offensive Noise

 

Air conditioning plant and equipment shall be installed and operated so as to not create an offensive noise as defined under the Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Noise Control) Regulation 2008.

 

(47)     Building Finishes

 

The building finishes are to be constructed in accordance with the colour board and perspective submitted with the Development Application.

 

(48)     Allocation of Car Parking Spaces

 

A minimum of off street car parking spaces shall be constructed, drained, marked and maintained at all times in accordance with the approved plans.  These spaces shall be allocated as follows:

 

a)         Fifty (50) residential spaces are to be allocated to the residential units.

b)         Eight (8) visitor spaces are to be allocated as visitor parking spaces.

c)         Six (6) commercial spaces are to be allocated to the retail/commercial units.

 

(49)     Residential Car Parking Spaces

 

A minimum of one (1) unrestricted car parking space shall be allocated to each residential unit. Where a three (3) or more bedroom residential unit is provided within the development it is to be allocated two parking spaces in the first instance.

 

(50)     Commercial/Retail Parking Spaces

 

The required commercial/retail car parking spaces shall be allocated evenly amongst the commercial/retail units based on the gross floor area of each unit.

 

(51)     Visitor Parking

 

A directional sign shall be provided at the front of the site indicating the availability of visitor and/or customer parking on site.  Those visitor and/or customer spaces shall be marked or signposted.

 

(52)     Sydney Airports

 

Any temporary structure or construction equipment that exceeds the approved height of the development may require approval from Sydney Airports Corporation in accordance with the Civil Aviation (Buildings Control) Regulations Statutory Rules 1988 No.161.

 

Note: Construction cranes may be required to operate at a height significantly higher than that of the proposed control activity and consequently, may not be approved under the Airports (Protection of Airspace) Regulations.

 

(53)     Loading/Unloading Operations

 

Loading and unloading operations shall be confined within the property and within any defined loading areas indicated on the approved plans.

 

(54)     Separate DA Consents for Usage

 

Separate Development Consents shall be obtained for the usage of each commercial tenancy prior to occupation, where the use was not nominated as part of this Development Application.

 

(55)     Disposal of Stormwater

 

All roof water and surface water from paved or concreted areas are to be disposed of in accordance with the Stormwater Plan by means of a sealed pipeline constructed in accordance with AS/NZS 3500.3:2015. The line must pass through a silt arrestor pit.

 

(56)     Street Tree Planting

 

The three (3) street trees proposed along Regent Street shall be Cupaniopsis anacardioides and be planted in accordance with Council requirements. The details for tree species, size of tree and planting specification are in Council’s Street Tree Management Strategy & Masterplan which can be found on Council’s website.

 

(57)     Approval from Traffic Advisory Committee for Works Zone

 

The installation of a "Works Zone" for the site will require the approval from the Traffic Advisory Committee. As a result, the applicant shall provide a formal request to Council's Traffic Section with the duration and exact location of the required "Works Zone" at least 6 weeks prior to its required installation date.  All costs associated with the installation of a “Works Zone” will be at the applicants expense.

 

(58)     Road Closure Application

 

A Road Closure Application form and associated documents shall be submitted to Council for approval at least 5 business days prior to any proposed lane usage for concrete pours, cranes or other activities involved in the demolition, excavation and construction on the site.

 

(59)     A Road Occupancy Permit – Roads and Maritime Services

 

A Road Occupancy Permit / License shall be obtained from the Roads and Maritime Services Transport Management Centre for any works that may impact on traffic flow on the Princes Highway during demolition and construction at the site.

 

(60)     Noise from road

 

To minimise the impact of noise from the adjoining major road corridor on the occupants, the construction certificate plans shall incorporate and the building be constructed in accordance with the recommendations of the acoustic report reference number 20161242.1/2508A/RO/EC by Acoustic Logic dated 25 August 2016 submitted as part of the development application.

 

(61)     Avoid Annoyance from lighting

 

Any lighting of the premises shall be installed in accordance with Australian Standard AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting so as to avoid annoyance to the occupants of adjoining premises or glare to motorists on nearby roads. Flashing, moving or intermittent lights or signs are prohibited. The intensity, colour or hours of illumination of the lights shall be varied at Council’s discretion if Council considers there to be adverse effects on the amenity of the area.

 

(62)     General Amenity

 

There shall be no emissions or any other forms of pollutants from the premises, which will give rise to an offence under the Protection of the Environment Operations Act 1997 and associated regulations. 

 

(63)     Car Wash Bay

 

To ensure that waste water is treated in an acceptable manner the car wash bay shall be designed and constructed to prevent water pollution, be discharged to the sewer and must comply with any Sydney Water deemed process and/or trade wastewater requirements. 

 

(64)     Air Conditioning / Offensive Noise

 

Air conditioning plant and equipment shall be installed and operated so as to not create an offensive noise as defined under the Protection of the Environment Operations Act 1997 and associated regulations. 

 

SECTION E – Prior to Occupation or Subdivision Certificate Conditions

The conditions that follow in this Section E of the Notice of Determination relate to conditions that ensure that the development is completed in accordance with the requirements of the Development Consent prior to the issue of either an Occupation Certificate or a Subdivision Certificate.

 

(65)     Adaptable Housing Certification

 

Certification shall be provided by a person suitably accredited by the Association of Consultants in Access Australia, verifying that the development has been constructed in accordance with the requirements of AS4299 - Adaptable Housing and AS1428 - Design for Access and Mobility and in accordance with the report and checklist submitted with the Construction Certificate.

 

(66)     SEPP No 65 Certification

 

A design verification statement from a qualified designer shall be submitted verifying that the development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principals of State Environmental Planning Policy No. 65.

 

(67)     Completion of Landscaping

 

Certification shall be provided from a suitably qualified and experienced Landscape Designer or Landscape Architect.  This Certification shall verify that the landscape works have been completed in accordance with the approved detailed landscape plan and relevant conditions of this consent.

 

Note:   A Landscape Designer is a person eligible for membership of the Australian Institute of Landscape Designers and Managers and a Landscape Architect is a person eligible for membership of the Australian Institute of Landscape Architects as a Registered Landscape Architect.

 

(68)     Consolidation of Lots

 

The lots covered by this development consent shall be consolidated into one lot and proof of registration of the consolidation shall be submitted to Council.

 

(69)     Section 73 Compliance Certificate

 

A Section 73 Compliance Certificate under the Sydney Water Act, 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Coordinator.  Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to “Water Servicing Coordinator” under “Developing Your Land” or telephone 13 20 92 for assistance.

 

Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid.  Please make early contact with the Coordinator, since building of water / sewer infrastructure can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority.

 

(70)     Stormwater Compliance Certificate

 

A Stormwater Compliance Certificate is to be obtained for the constructed on-site stormwater management systems in conjunction with the works-as-executed drawings and the final inspection. This Certificate is to be signed by an accredited hydraulic engineer (preferably be the original design consultant) and submitted to the Principal Certifying Authority. Copy of the standard Stormwater Compliance Certificate is shown in Council’s Water Management Policy.

 

If the proposed works involve Council owned stormwater infrastructure (or infrastructure to be owned by Council), then the applicant should organise inspection with Council and pay Council the appropriate inspection fee. Inspection is to be carried out at the following specified stages:

 

·     Prior to backfilling of pipelines trenches.

·     Prior to backfilling of drainage connection to pipeline or channels.

·      Prior to casting pits and other concrete structures including kerb and gutter, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

 

(71)     Positive Covenant

 

A Restriction on Use of the land and Positive Covenant shall be created and registered on the title of the property, which places the responsibility for the maintenance of the on-site stormwater management system on the owner of the land. The terms of the instrument are to be generally in accordance with the Council’s standard terms and conditions for Restriction on Use of the land and Positive Covenant shown in Council’s Water Management Policy.

 

(72)     Maintenance Schedule

 

A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.

 

(73)     Fire Safety Schedule

 

Certain items of equipment or forms of construction shall be nominated as "fire safety measures" within the building.

 

Upon completion of works, and before occupation of the building, each of the fire safety measures is required to be certified by an appropriately competent person (chosen by the owner of the building).  The certificate is to state that the measure was inspected and found to be designed, installed and capable of operating to a standard not less than that required by the relevant regulations.

 

Further, it is the responsibility of the owner of the building that each fire safety measure is again inspected and certified as to its condition every twelve (12) months following the submission to Council of the original certification.

 

(74)     BASIX Completion Receipt

 

In accordance with clause 154C of the Environmental Planning and Assessment Regulation 2000, prior to issuing a final occupation certificate the certifying authority must apply to the Director-General for a BASIX completion receipt.

 

(75)     Acoustic Validation – Infrastructure SEPP

 

Prior to interim/final occupation certification an acoustic validation report prepared by a suitably qualified and experienced acoustic consultant shall be submitted to the Principal Certifying Authority (PCA) certifying that the development complies with the requirements of development consent and recommendations of the acoustic report reference number 20161242.1/2508A/RO/EC by Acoustic Logic dated 25 August 2016.  The report shall include post construction validation assessment results to ensure that the development complies with the Protection of Environment Operations Act 1997, Protection of Environment Operations (Noise Control) Regulation 2008, NSW EPA’s Industrial Noise Policy, State Environmental Planning Policy (Infrastructure) 2007, and relevant state and local policies and guidelines.

 

SECTION F – Prescribed Conditions

The following are prescribed conditions of development consent pursuant to s.80A(11) of the Environmental Planning and Assessment Act 1979 and cl.98 of the Environmental Planning and Assessment Regulation 2000.

 

(76)     Compliance with the Building Code of Australia

 

The development must be carried out in accordance with the provisions of the Building Code of Australia.

 

(77)     Insurance Requirements under Home Building Act 1989

 

The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act, 1989.  This means that a contract of insurance must be in force in accordance with Part 6 of that Act before any building work authorised to be carried out by the consent commences.

 

It is the responsibility of the builder or person who is to do the work to satisfy Council that they have complied with the applicable requirements of Part 6 of the Home Building Act, 1989.

 

If Council is the Principal Certifying Authority it will not carry out any inspections until a copy of the insurance certificate is received.

 

(78)     Erection of Signs

 

A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

 

(a)       showing the name, address and telephone number of the principal certifying authority for the work, and

(b)       showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(c)        stating that unauthorised entry to the work site is prohibited.

 

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

 

(79)     Notification of Home Building Act 1989 Requirements

 

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

 

(a)       in the case of work for which a principal contractor is required to be appointed:

(i)      the name and licence number of the principal contractor, and

(ii)     the name of the insurer by which the work is insured under Part 6 of that Act,

(b)       in the case of work to be done by an owner-builder:

(i)      the name of the owner-builder, and

(ii)     if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

 

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

 

(80)     Shoring and Adequacy of Adjoining Property

 

If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

 

(a)       protect and support the adjoining premises from possible damage from the excavation, and

 

(b)       where necessary, underpin the adjoining premises to prevent any such damage.

 

The above condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

 

(81)     Council Notification of Construction

 

The erection of a building which is the subject of a Development Consent must not be commenced until:

 

a)         Detailed plans and specifications of the building have been endorsed with a construction certificate by Council or an accredited certifier.

 

b)    the person having the benefit of the development consent has:

 

·    appointed a Principal Certifying Authority (PCA),and

·    notified Council (if Council is not the PCA) in writing of the appointment, and

·    given at least 2 days notice to Council of their intention to commence the erection of the building. The notice may be in writing or by phone.

 

SECTION G – Demolition Conditions

The following conditions are imposed to ensure the demolition associated with the proposed development is carried out having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment.

 

nil

 

END CONDITIONS

 

Advisory Notes

 

(i)      Worksite Safety

 

It is usually the owner/applicant’s responsibility to ensure that the development site is a safe working environment.  This may be by the engagement of an appropriately competent principal contractor.  There are various legislative and WorkCover requirements with respect to maintaining a safe work-site.  Details of these requirements and legislation, as well as, guidance and advisory material, can be found on the WorkCover Website www.workcover.nsw.gov.au.

 

(ii)     Worksite Safety Scaffolding

 

Council is committed to worksite safety and requiring that all scaffolding is installed by competent and qualified professionals with the relative appropriate standards.  The applicable Australian Standards for the scaffolding is AS/NZS1576 in respect of the design of the scaffolding and AS/NZS4576 with respect to the erection of the scaffolding.  Also, you should ensure that those erecting scaffolding are appropriately qualified and have the appropriate qualifications to erect scaffolding.  For further information regarding this please see www.workcover.nsw.gov.au.

 

(iii)    Kid Safe NSW

 

Kidsafe NSW has produced Safer Homes for Children Design and Construction Guidelines for builders, renovators and home owners.  The guidelines identify common hazards for children and recommended practical design applications to improve child safety for all areas of the home.  Free copies of the Guidelines are available from Council’s Customer Service Centre, or contact Kidsafe on (02) 9845 0890 or their website http://www.kidsafensw.org/homesafety/index.htm for more information.

 

(iv)    Dial Before You Dig

 

Underground pipes and cables may exist in the area.  In your own interest and for safety, telephone 1100 before excavation or erection of structures.  Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.

 

(v)     Disability Discrimination Act

 

This authorisation does not imply that the proposal complies with Disability Discrimination Act 1992.  The Proponent is responsible to ensure compliance with this and other anti-discrimination legislation.  The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS 1428.1 – Design for Access and Mobility.  AS1428 Parts 2, 3 & 4 provides the most comprehensive technical guidance under The Disability Discrimination Act 1992.

 

(vi)    Demolition Waste

 

Sorting your construction and demolition waste will save you money.  For pricing and disposal options for sorted loads of tiles, bricks, timber concrete or asphalt call Waste Service NSW on 1300 651 116.

 

(vii)   Property Address

 

Property addresses shall be allocated by Council in accordance with the Addressing Standard AS/NZS 4819:2011.

 

 

 

ATTACHMENTS

Attachment View1

41-47 Princes Hwy Kogarah - DA110, ELEVATIONS

Attachment View2

41-47 Princes Hwy Kogarah - DA110, ELEVATIONS No 2

Attachment View3

41-47 Princes Hwy Kogarah - DA109, ELEVATIONS

Attachment View4

41-47 Princes Hwy Kogarah - DA108, ROOF PLAN

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 15 June 2017

3.2                          45 Princes Highway Kogarah

[Appendix 1]          41-47 Princes Hwy Kogarah - DA110, ELEVATIONS

 

 

Page 109

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 15 June 2017

3.2                          45 Princes Highway Kogarah

[Appendix 2]          41-47 Princes Hwy Kogarah - DA110, ELEVATIONS No 2

 

 

Page 110

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 15 June 2017

3.2                          45 Princes Highway Kogarah

[Appendix 3]          41-47 Princes Hwy Kogarah - DA109, ELEVATIONS

 

 

Page 111

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 15 June 2017

3.2                          45 Princes Highway Kogarah

[Appendix 4]          41-47 Princes Hwy Kogarah - DA108, ROOF PLAN

 

 

Page 112

 


Georges River Council – Independent Hearing and Assessment Panel Thursday, 15 June 2017

Page 113

 

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 15 June 2017

 

IHAP Report No

3.3

Application No

DA2016/0280

Site Address & Ward Locality

56 Llewellyn Street Oatley

Peakhurst Ward

Proposal

Demolition of existing dwelling and construction of a three storey split level dwelling with swimming pool to rear

Report Author/s

Senior Development Assessment Officer, Teresa Gizzi

Owners

Mr Sam Speros

Applicant

Robert Ursino Design Pty Ltd

Zoning

 Zone R2 - Low Density Residential

Date Of Lodgement

13/10/2016

Submissions

 Three (3)

Cost of Works

 $1,200,000.00

Reason for Referral to IHAP

 Variations to HLEP 2012 (Height) and DCP No 1

 

 

Recommendation

That the application be approved in accordance with the conditions included in the report

 

 

 

Site Plan

 

Executive Summary

 

1.   Development consent is sought for the demolition of the existing dwelling and construction of a three (3) storey dwelling house and swimming pool.

2.   The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans.  The application proposes a variation to building height and also a number of variations to the Development Control Plan controls.  The variations arise as a result of the topography of the land and are found to be acceptable.

3.   The application was notified in accordance with Development Control Plan No 1. Three (3) submissions were received. The issues raised are discussed throughout this report, and are not considered to warrant refusal of the application.

4.   The application is recommended for approval subject to conditions of consent.

 

Report In Full

 

DESCRIPTION OF THE PROPOSAL

1.         Development consent is sought for the demolition of the existing dwelling and construction of a three (3) storey dwelling house and swimming pool.

 

The dwelling and garage are actually split over four (4) levels, however due to the stepping of the building, the proposal would not exceed three (3) storeys at any one point.

 

The development requires the removal of four (4) trees from the rear of the property.

 

HISTORY

2.         13 Oct 16       Application lodged

21 Oct 16       Application notified for 14 days

14 Feb 17      Additional information requested

28 Mar 17      Additional information received

 

DESCRIPTION OF THE SITE AND LOCALITY

3.         The site is a regular shaped allotment located on the north western side of Llewellyn Street. The site has a frontage of 13.41m and an area of 607sqm. The site falls steeply to the rear dropping 12.3m from the front boundary to the mean high water mark. Up to 10m of this fall occurs in the front half (20m) of the site.  It is also noted that the front boundary of the site is 3.3m below road level.

 

The site is adjoined by three (3) storey dwelling houses on both sides and also across the road.  To the rear of the site is Georges River.

 

COMPLIANCE AND ASSESSMENT

4.         The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. 

 

Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

 

Clause

Standard

Proposal

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

Consistent with the aims of the plan

Yes

1.4 - Definitions

Dwelling House

The proposed development is defined as a single dwelling house

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of R2 Low Density Residential Zone

 

Development must be permissible with consent

Meets objectives and is a permissible development with consent

Yes

2.7 - Demolition

Demolition is permissible with consent

Consent for demolition is sought

Yes

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

Max 11.39m

No

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

0.55:1 (including existing shed)

Yes

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

FSR and site area calculated as per requirements

Yes

4.6 –Exceptions to development standards

A written request to vary a development standard must be submitted by the applicant

A request for a variation has been submitted in accordance with Clause 4.6

Yes

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP1

Tree removal is proposed and found to be acceptable by Council’s Tree Management Officer

Yes

5.10 – Heritage conservation

Heritage impact statement required if site involves heritage item

Site does not involve a heritage item

N/A

6.1 – Acid Sulfate Soils

Acid Sulfate Soils Management Plan must be prepared

Site not affected by acid sulphate soils

N/A

6.3 – Limited Development on Foreshore Area

Development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.

The site is subject to a foreshore building line. Only a small section of the proposed swimming pool encroaches into the foreshore area which is permissible under this clause.

 

The development will not compromise the visual quality or use of the foreshore area. Nor would the development negatively impact on any natural features of the site or result in any environmental harm. The development has been considered against the requirements of this clause and is acceptable.

Yes

6.4 – Foreshore Scenic Protection Area

Council cannot grant consent to the carrying out of development on land within a Foreshore Scenic Protection Area unless consideration has been made of the following:

 

(3)(a) affect the natural environment, including topography, rock formations, canopy vegetation or other significant vegetation, and

(b) affect the visual environment, including the views to and from the Georges River, foreshore reserves, residential areas and public places, and

(c) affect the environmental heritage of Hurstville, and

(d) contribute to the scenic qualities of the residential areas and the Georges River by maintaining the dominance of landscape over built form.

The proposal would not negative impact on the natural environment or affect the environmental heritage of Hurstville.

 

The development will have a minor impact on views enjoyed by properties opposite the site, however the view impact is negligible. This is discussed in detail later in this report. All other views to and from the Georges River will be preserved.

 

The proposal is consistent with recent developments along the foreshore and will maintain the scenic quality of the residential area and the Georges River.

Yes

6.5 Gross Floor Area of a Dwelling  House

For site area ≤ 630sqm Max. FSR = 0.55:1

Site = 607sqm

FSR = 0.55:1

Yes

6.7 – Essential Services

Development consent must not be granted to development unless services that are essential for the development are available

Essential services are available to the development

Yes

 

Detailed Assessment of Variation to Clause 4.3 - Height of Buildings Development Standard

5.         Clause 4.3 of Hurstville Local Environmental Plan 2012 limits the maximum height of buildings on this site to 9m. The proposed dwelling has a maximum height of 11.39m. All three (3) sections of the roof exceed the height limit at some point.

 

The roof of the garage floor level proposes a maximum height of 11.39m. The worst point of the variation at this level is along the rear section of garage roof, although almost half of this element is non compliant.

 

The upper floor roof has a maximum height of 11.15m which is again located along the rear of this level. Approximately half of this roof level does not comply.

 

The roof of the upper floor level balcony is slightly less than that of the upper floor, however it still exceeds the height limit with a maximum proposed height of 10.25m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Image: Approximate Maximum Height

 

To support the non compliance the applicant has provided a request for a variation to a development standard in accordance with Clause 4.6 of Hurstville Local Environmental Plan 2012. The request for a variation is attached to this report.

 

The proposal must satisfy the objectives of Clause 4.3 – Height of Buildings, the underlying objectives of the particular zone, and the objectives of Clause 4.6 - Exceptions to Development Standards under the Hurstville Local Environmental Plan 2012. The assessment is detailed as follows.

 

Is the planning control in question a development standard?

 

5.         Comment: The prescribed Height of Buildings limitation pursuant to Clause 4.3 of the Hurstville Local Environmental Plan 2012 is a development standard.

 

What are the underlying objectives of the development standard?

 

6.         Comment: The underlying objectives of the standard, pursuant to ‘Clause 4.3 – Height of Buildings’ of the Hurstville Local Environmental Plan 2012 are:

a)   to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

b)   to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas and public domain, including parks, streets and lanes,

c)   to minimise the adverse impact of development on heritage items,

d)   to nominate heights that will provide a transition in built form and land use intensity.”

 

The development is found to be consistent with the underlying objectives of the standard for the following reasons:

·        The bulk and scale of the development is consistent with existing and approved buildings in the area. The dwelling located at 54 Llewellyn Street Oatley which adjoins the site to the north has a height of 11.7m and the dwelling at 58 Llewellyn Street Oatley has a maximum height of 10.45m. The development is compatible with the character of the locality.

·        The development exceeds the height limit due to the topography of the site. Attempts have been made to follow the topography of the site with accommodation spread out across the four (4) levels.

·        From the street, the development presents as a single storey dwelling of a contemporary appearance that is compatible with the adjoining dwellings.

·        The height does not result in any unreasonable impacts on solar access or privacy.

·        In terms of views, all adjoining properties have views of the Georges River directly over their rear boundaries. As such, the proposed dwelling would not affect any significant views.

·        There would be a minor impact on views from properties opposite the site on the south eastern side of Llewellyn Street, however the view loss is found to be negligible and is not a direct result of the building height. 

·        The development does not affect any heritage items.

·        The subject site is not located in a transitional zone and the intensity of land use is compatible with the locality.

 

Image: Front Elevation

 

Image: Rear Elevation

 

What are the underlying objectives of the zone?

7.         Comment: In assessing the development’s non compliance, consideration must be given to its consistency with the underlying objectives of the R2 Low Density Residential zone which are as follows:

·       To provide for the housing needs of the community within a low density residential environment.

·       To enable other land uses that provide facilities or services to meet the day to day needs of residents.

·       To encourage development of sites for a range of housing types, where such development does not compromise the amenity of the surrounding area, or the natural or cultural heritage of the area.

·       To ensure that a high level of residential amenity is achieved and maintained.

·       To encourage greater visual amenity through maintaining and enhancing landscaping as a major element in the residential environment.

·       To provide for a range of home business activities where such activities are not likely to adversely affect the surrounding residential amenity.

 

The development is considered consistent with the objectives of the R2 Low Density Residential zone for the following reasons:

·        The proposal will provide a new dwelling providing for the changing needs of the locality in a form that is consistent with the low density residential character of the area. The dwelling will achieve a high level of amenity.

·        The development does not compromise the amenity of the adjoining properties in terms of visual impact, solar access and privacy.

·        The dwelling provides good amenity for future occupiers.

·        The development requires the removal of four (4) trees from the rear of the property. Conditions are recommended requiring replacement planting of eight (8) trees to ensure the landscape is enhanced by the development.

 

Is the variation to the development standard consistent with Clause 4.6 of the HLEP 2012?

(1)     The objectives of Clause 4.6 are as follows:

(a)     to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)     to achieve better outcomes for and from development by allowing flexibility in particular circumstances.”

 

8.         Comment: To allow for reasonable redevelopment of the subject site, it is acknowledged that some flexibility is required in the application of the building height development standard due to the steep topography of the land.

 

The variation would not cause any unreasonable visual impacts on adjoining properties and it is not considered it would cause the development to appear excessive or over dominant in the streetscape.

 

In this instance, it is considered that the variation to the development standard is acceptable.

 

(2)    Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

 

9.         Comment: The site is not excluded from the operation of this clause.

 

(3)     Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a)     that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)     that there are sufficient environmental planning grounds to justify contravening the development standard.

 

10.       Comment: The applicant’s justification for the variation is supported (see attachment). Given that the site is significantly constrained by the topography of the land, the strict application of the development standard is unreasonable in this instance.

 

The proposed variation allows for appropriate re-development of the subject site without unreasonable impacts on the adjoining properties. In this regard, there are sufficient planning grounds to justify the height of the development.

 

(4)     Development consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i)         the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and”

 

11.       Comment: A written request for the variation prepared by Planning Ingenuity was submitted with the application which provides justification to address subclause (3). The extent of the variation is found to be consistent with subclause (3) and Clause 4.6 overall and the submitted justification is supported.

 

(ii)        the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

 

12.       Comment: For the reasons detailed above, the proposal is considered to be consistent with the objectives of Clause 4.3 Height of Buildings and the objectives of the R2 Low Density Residential Zone under Hurstville Local Environmental Plan 2012. Therefore the development is considered to be in the public interest.

 

(b)  the concurrence of the Director-General has been obtained.

 

13.       Comment: Planning Circular PS 08-003 dated 9 May 2008, as issued by the NSW Department of Planning, advises that the concurrence of the Director-General may be assumed for exceptions to development standards under environmental planning instruments that adopt Clause 4.6 of the Standard Instrument. In this regard, if the variation is found to be consistent with the objectives of the zone, the concurrence of the Director-General for the variation to the building height Development Standard can be assumed.

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

14.       Compliance with the relevant state environmental planning policies is detailed and discussed in the table below.

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

State Environmental Planning Policy 55 – Remediation of Land

Yes

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

Yes

 

Draft Environmental Planning Instruments

15.       There are no draft environmental planning instruments that apply to the development application.

                                                                           

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

 

Demolition

16.       Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.

 

Development Control Plans

 

HURSTVILLE DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE

17.       The proposal has been assessed against the following sections of Development Control Plan No 1.

 

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - SECTION 4.4 DWELLING HOUSES ON STANDARD LOTS

 

Performance Criteria

Design solution

Proposed

Complies

PC1 Neighbourhood character

DS1.1 - The development application is supported by a Statement of Environmental Effects

A statement of environmental effects has been submitted

Yes

 

PC2 - Building Height

DS2.1 - Max. ridge height as per LEP – 9m

 

 

 

 

 

 

DS2.2 - Max. ceiling height to external wall = 7.2m

 

DS2.4 - For steep or sloping sites, the building is sited and designed to be staggered or stepped into the natural slope of the land

11.39m

 

 

 

 

 

 

 

10.85m

 

 

The dwelling has been stepped to follow the slope of the site.

No

See justification under HLEP 2012 earlier in this report.

 

No

 

 

Yes

 

 

 

 

PC3 - Setback Controls

 

Front Setback (Building Line):

DS3.1 - 4.5m

(to front wall of  dwelling)

 

5.5m to garage/carport or on-site parking space

> 7m

 

 

1.5m

Yes

 

 

No

Side Boundary Setbacks:

900mm – ground floor level

1.5m – first floor level

 

1.5m to all floor levels except garage which is 1m.

 

In this instance, as no one floor can be considered as ground floor level, it is not unreasonable to apply the ground floor level setback requirement to the garage given that it is ground level when viewed from the street.

 

On this basis the side setbacks are considered compliant.

Yes

Rear Setback:

Ground floor level – 3m

First floor level – 6m

>6m

Yes

PC4 - Façade Articulation

DS4.1 - Dwellings must have a front door or window to a habitable room facing the primary street frontage.

 

DS4.2 - Must have two building elements of

Entry feature / portico

Awning / feature over window

Eaves and sun shading

 

Window planter box

Bay windows or similar features

Wall offsets, balconies, verandas, pergolas

 

DS4.3 - Garage doors not wider than 6m

Due to the topography of the site, the side of the garage which contains a window addresses the street. A minimalist roof form is also proposed along detailed stone panelling to improve the appearance of the front elevation.

 

It is noted that due to the front boundary of the site being well below street level, this would not result in any unreasonable impacts on the visual quality of the streetscape. As such, the front façade of the development is acceptable in this instance. 

Acceptable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PC5 - Views

DS5.1 - Development is sited and designed to facilitate view sharing while not restricting the reasonable development of the site. Each development application will be assessed on its individual merits.

See view impact assessment below this table

Yes

 

 

 

PC6 - Solar Design

DS6.1 - Development allows for at least 3 hours of sunlight on the windows of main living areas and adjoining principal private open space of adjacent dwellings between 9.00 am and 3.00 pm on 22 June.

 

 

 

 

 

 

DS6.2 - Development complies with the Energy Efficiency section in Appendix 1 of this DCP and BASIX requirements.

 

DS6.3 - Buildings are encouraged to incorporate window shading devices where necessary to minimise exposure to direct summer sun. Alternatively, windows may be shaded by the planting of large trees, including deciduous species.

Although the proposed development significantly overshadows the north eastern elevation of the property to the south at 58 Llewellyn Street, due to the layout of that dwelling, solar access to the main living areas is unaffected by the proposal. Three hours of sunlight is also maintained to the private open space.

 

A BASIX certificate has been submitted.

 

 

 

 

Windows in the development have been designed in accordance with BASIX requirements.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

PC7 - Visual Privacy

DS7.1 - Windows to be offset by 1m. Neighbouring principal private open space is not overlooked by proposed living areas.

DS7.1 – Primary living rooms are not to overlook adjoining site’s PPOS

 

DS7.3 - Survey plan to (AHD) detailing neighbouring floor and window location and RL’s

Windows are offset, screen or opaque glass to prevent overlooking of adjoining properties.

 

No overlooking impacts from the living room of the adjoining sites’ POS.

 

A survey plan to AHD has been received.

Yes

 

 

 

 

 

Yes

 

 

 

Yes

PC8 - Noise

DS8.1 - Noise generators such as plant and machinery including air conditioning units and pool pumps are located away from windows or other openings of habitable rooms and are screened to reduce noise or acoustically enclosed.

 

DS8.2 - For sites in proximity to a busy road or railway line, development is to comply with the provisions of SEPP

Complies subject to standard conditions of consent will be included in the consent.

 

 

 

 

 

 

Not applicable.

Yes

 

 

 

 

 

 

 

 

 

N/A

PC9 - Car Parking

DS9.1 - 1 & 2 Bedrooms / 1 space - 3 or more bedrooms/ 2 spaces

 

DS9.2 - New dwellings, at least 1 car space behind the front building setback

 

DS9.3 - Enclosed or roofed car accommodation, including garages and carports, are located at least 1m behind the main setback

 

DS9.4 - The maximum width of a garage opening is 6m

 

DS9.5 - Hard stand car spaces within the front setback must not have a slope / grade greater than 1:10

 

DS9.6 - Vehicle crossing width at the front property boundary 2.7m – 4.5m

 

 

 

DS9.7 - Fences are splayed where a driveway is taken off the secondary setback

 

DS9.8 - Driveways on State/Regional roads

Must enter & exit in a forward direction where Council considers it necessary

 

DS9.9 - Driveway gradients must be constructed in accordance with Australian Standard 2890.1(2004).

Double garage proposed.

 

 

 

 

 

Garage is located forward of the front building line due to the topography of the site. The variation is acceptable in this instance.

 

 

 

<6m

 

 

Parking provided within garage

 

 

 

 

Driveway width = 5.5m

The increased width is required due to the location and siting of the private driveway access.

 

Not applicable.

 

 

 

Not applicable.

 

 

 

 

 

Standard conditions of consent.

Yes

 

 

 

 

 

 

 

Acceptable

 

 

 

 

 

Yes

 

 

Yes

 

 

 

 

 

Acceptable

 

 

 

 

 

N/A

 

 

 

N/A

 

 

 

 

 

Yes

 

PC10 - Landscaped areas and private open space

DS10.1 - 25% of Site Area (FSPA)

 

DS10.3 - Minimum dimension of landscaped open space is 2m in any direction

 

DS10.4 - 15sqm of landscaped area to be provided in the front yard

 

 

 

 

 

 

 

 

 

 

 

 

DS10.5 - An area of Principal Private Open Space is to be

provided which:

a.  has a minimum area of 30sqm

b.  has a minimum dimension of 5m

c.  is located at ground level and behind the front wall of the dwelling

d.  is directly accessible from a main living area

25%

 

 

Complies

 

 

 

Not provided. The slope of the site dictates that the driveway and garage must be located at the front of the property, limiting opportunities for landscaping. Although not ideal, due to the site being located below street level, there would be no detrimental impact on the visual quality of the streetscape.

 

 

 

 

 

 

>30sqm with minimum dimension of 5m

 

Located at ground level in the rear yard

 

Directly accessible from rumpus

Yes

 

 

Yes

 

 

 

Acceptable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

Yes

 

 

Yes

 

PC11 -Stormwater

DS15.1 Stormwater management is in accordance with the provisions contained in Section 4.4 Dwelling houses on standard lots.

 

DS11.1 Diversion of flows from one drainage sub catchment to another is not encouraged

 

DS11.2 – Stormwater drainage is to occur by:

a. Gravity to the street

b. Easement allowing gravity drainage to the street

c. Charged system

d. Absorption/infiltration (refer to DCP appendix 2)

 

DS11.3 – Gravity drainage must not cause ponding/backwater effects on upstream properties

 

DS11.5 – On-site retention using rainwater tanks or detention tanks are encouraged. Overflow from retention must be in accordance with DS11.2.

 

DS11.6 – Pump-outs only permitted for driveways and basements to a drainage system on the property and only where DS11.2 cannot be achieved.

 

DS11.7 – Development is not to concentrate overland flow of stormwater onto an adjoining property.

 

DS11.8 – A stormwater management plan is to be lodged with all applications

Relevant conditions on stormwater will be included in the consent.

 

 

 

The site is not subject to any flooding.

 

 

 

The development drains to the Georges River by gravity.

 

 

 

 

 

 

Not applicable.

 

 

 

 

Water tanks are proposed

 

 

 

 

 

 

Not proposed

 

 

 

 

 

 

The site is not flood prone land

 

 

 

Standard engineering conditions will be included in the consent

Yes

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

N/A

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

Yes

PC14 -

Balconies and terraces

DS14.1 - Direct access from a  habitable room at the same floor level

 

 

 

DS14.2 - Balconies & terraces include fixed planter boxes and  or privacy screens

 

DS14.4 – Privacy Screens are between 1.5m and 1.8m high

 

DS14.5 - Terraces must not be visible from the street

 

DS14.6 - Roof top terraces are not provided

 

DS14.7 - Must provide sight line diagrams that demonstrate how privacy issues to neighbouring properties are to be addressed

The access to the rear patio is from the rumpus and to the rear balcony is from the living and dining space.

 

Privacy screens proposed.

 

 

 

Complies

 

 

 

Complies

 

 

No roof top terraces proposed.

 

The balconies will have no potential privacy and overlooking impacts on the adjoining dwellings.

Yes

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

Yes

 

 

N/A

 

 

Yes

 

DS2.2 - Maximum ceiling height to external wall

18.       Due to the overall height of the building and topography of the land, the external wall height of the development also does not comply. Both the side and rear elevations of the development do not comply, however the extent of the non compliance is varied as the building traverses the site.

 

Despite the extent of non compliance, the variation does not result in any significant impacts on adjoining properties and is consistent with other developments in the locality. For the same reasons that the overall height of the building is acceptable, the variation to the external wall height is also supported.

 

DS3.1 – Garage Front Setback

19.       The garage is proposed to be setback 1.5m from the boundary rather than the 5.5m required by the Development Control Plan.  This is a result of the topography of the site and the existing layout of the driveway access into the property.

 

Due to the steep fall of the land adjoining the front boundary, to achieve appropriate levels for vehicular access, the garage is required to be located at the very front of the site. As the garage floor level and driveway level is 2m below the street level and due to the setback of the building from the roadway due to the unusual vehicular access into the site, there would be no significant detrimental visual impact on the streetscape resulting from the development. Further, there are other examples of garages in similar locations along Llewellyn Street and other steep foreshore sites in the locality.

 

The reduced front setback is acceptable in this instance and refusal of the application on this basis is not warranted.

 

PC5 – View Sharing

20.       A submission has been received from the property at 45 Llewellyn Street Oatley which is located opposite the site in relation to loss of views. To assess the view impact, site visits were made to both 45 and 43 Llewellyn Street Oatley.

 

In determining the impact of the view loss it's important to refer to the Land and Environment Court Principle on Views and view sharing as discussed in Tenacity Consulting v Warringah Council [2004] NSWLEC140

 

The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

 

Comment: The view from 43 and 45 Llewellyn Street is of high value as it comprises the Georges River and its interface with the opposite shoreline.

 

The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

Comment: The views in question are obtained over the front boundary, across Llewellyn Street and over the rooftops of the dwellings on the north western side of the street.

 

From 45 Llewellyn Street, the views are enjoyed from both a sitting and standing position, from all levels of the home.  From 43 Llewellyn Street, views over the subject site from within the dwelling are obscured due to vegetation, however views can be seen from the front porch of the dwelling in both a sitting and standing position.

 

The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

Comment: From 45 Llewellyn Street, the views are obtained from almost every room with a window in the front elevation.  From 43 Llewellyn Street, the views are mostly obtained from the front porch.

 

As the dwellings on the south eastern side of Llewellyn Street are elevated above street level, and due to the sunken nature of subject site at 56 Llewellyn Street, the loss of view will comprise only a small area of the Georges River being water only. A broader view of the river will be maintained, as will the interface with the opposite facing bank.  As such, the view impact is considered negligible.

 

The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

Comment: Although the proposal exceeds the height limit, only the roof of the garage/lobby is actually visible from the complainant’s property and the ridge height of this building element is less than 2m above street level. Lowering of this building element would prevent parking from being accommodated on the site and therefore the development is considered reasonable.  Therefore, the proposal is considered to be acceptable and reasonable in respect of view sharing as the impact is considered negligible.

 

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - SECTION 5.6 SWIMMING POOLS AND SPAS

 

Performance Criteria

Design Solution

Proposed

Complies

PC1

 

Ensure swimming pools do not adversely affect the amenity of the locality

 

Swimming pools are located such that cut and fill is minimised and the visual impact on the surrounding area is reduced

DS1.1 – The top of the pool is as close to existing ground level as possible

 

DS1.2 – If one side of the pool is at or below natural ground level the high side of the pool is permitted to be 500mm above natural ground level

 

DS1.3 – For pools with a height in excess of 500mm above natural ground level, landscaping treatment must be completed prior to filling the pool with water

 

DS1.4 – On steeply sloping sites Council may permit one side of the pool to be up to 1000mm above natural ground level if the exposed face of the pool is treated to reduce impact

 

DS1.5 – Fill is not permitted between the swimming pool and the property boundary

 

DS1.6 – Pool drainage/spill water is not to impact on adjoining properties

 

DS1.7 – Swimming pools are to be designed so the top of the bond beam is as close as possible to existing natural ground level

 

DS1.8 – Spas/swimming pools proposed between the dwelling and the street will be considered where neighbour amenity is not affected and all other DCP requirements are met

 

DS1.9 – Swimming pools are permitted on land affected by a foreshore building line subject to the design complimenting the surrounding area and minimising visual impact from the waterways

 

DS1.10 – Swimming pool edge to be a minimum of 1.5m from side and rear property boundaries

 

DS1.11 – Pool location is to take into account neighbour acoustic amenity

 

DS1.12 – Mechanical equipment may be required to be acoustically treated to negate any potential amenity issue

 

DS1.13 – The construction, location and use of the swimming pool is to be such that neighbours are not impacted by way of noise, drainage, illumination or any other reason

 

DS1.14 – Heated swimming pools must source power from renewable sources. Swimming pool covers are to be used when the pool is not in use

The proposed swimming pool complies with these requirements.

 

Although the pool is partially below the foreshore building line, it would not result in any significant detrimental impacts on the visual quality of the foreshore.

 

Standard conditions of consent are recommended to mitigate noise impacts from pool equipment.

 

Yes

PC2

 

To retain existing trees

 

To ensure swimming pool areas are landscaped in accordance with Council’s landscaping guidelines

 

Landscaping enhances and is integrated with the design of the swimming pool

DS2.1 – Tree and shrub screen planting along property boundary is to be provided to achieve a reasonable level of privacy

 

DS2.2 - Paved and impervious areas are to be minimised and designed to provide swimming pool and stormwater infiltration

 

DS2.3 – Swimming pools are to be designed to retain existing trees

 

DS2.4 – Where pools are located adjacent to trees, elevated decks to the swimming pool coping is preferred in order to avoid root damage

 

DS2.5 – Swimming pool water discharges must not in any circumstances be directed through bushland areas on private or public land

 

DS2.6 – Council does not approve tree removal on the basis of leaf drop or lack of solar access to a swimming pool

Satisfactory.

 

One (1) tree is proposed to be removed to accommodate the proposed swimming pool however Council’s Tree Management Officer has raised no objections subject to conditions of consent.

 

Yes

 

Impacts

 

Natural Environment

21.       To facilitate the development, four (4) significant trees are required to be removed from the site, however conditions are recommended for replacement planting of eight (8) trees on the property to mitigate any detrimental impacts on the natural environment.

         

Built Environment

22.       As has been discussed throughout this report, the application seeks a number of variations to the controls, including the height and front setback. However the site is highly constrained by its topography and the variations are acceptable.

 

The bulk and scale of the development is comparable to the adjoining properties and other recent developments in the locality. Further, the development does not result in any detrimental impacts on the amenity of the neighbours.

 

As such, the development is not considered to have any detrimental impacts on the built environment and will maintain the character and appearance of the locality.

 

Social Impact

23.       The development is for a residential purpose and would not result in any social impacts.

         

Economic Impact

24.       The development is for a residential purpose and would not result in any economic impacts.

 

Suitability of the Site

25.       As discussed throughout this report, the site is considered suitable for the development.

 

REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

26.       Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.  Three (3) submissions were received. Two (2) of the submissions were in objection to the development and the third submission, received from 58 Llewellyn Street, raised no objections to the development but raised concerns about excavation measures to be used.

 

Damage

·    Damage to neighbouring properties as a result of excavation.

·    Concerns of cracking of overhanging rock shelf on neighbouring property

·    Geotechnical report should be provided.

 

27.       Comment: A Geotechnical Report has been submitted with the application and conditions are recommended requiring a geotechnical engineer to guide excavation measure. Dilapidation reports on neighbouring properties will also be required by condition.

 

Height

·    Breaches height limit

·    The adjoining properties at 58 and 54 Llewellyn Street comply

·    The development will set a precedent

·    Application advertised as three (3) storeys but actually four (4) storeys due to garage on top

·    Where is natural ground level taken from for the garage? From the road or the driveway.

 

28.       Comment: The proposed development does breach the height limit, however as discussed earlier in this report the breach is considered acceptable. Both the adjoining properties also exceed the height limit to the topography of the land in this location. It is not considered that the proposed variations set an unreasonable precedent for over height development as it is justified by the site constraints.

 

The proposed dwelling is spread across four (4) levels, however as it is a maximum of three (3) storeys at any one point, hence the description of the development.