AGENDA - IHAP

Meeting:

Georges River Independent Hearing Assessment Panel (IHAP)

Date:

Thursday, 20 July 2017

Time:

4.00pm

Venue:

Marana Auditorium,  Civic Centre, Hurstville

Participants:

Adam Seton (Chairperson)

Gabrielle Morrish (Panel Member)

Juliet Grant (Panel Member)

Cameron Jones (Community Member)

Additional Invitees:

Meryl Bishop (Director Environment and Planning)

Tina Christy (Manager Development and Building)

Catherine McMahon (Manager Strategic Planning)

Cathy Mercer (Admin Assistant)

Monica Wernej (Admin Assistant)

 

  

1. On Site Inspections - 1.00pm – 3.30pm

a)    100 Rosa Street Oatley

b)   9 Mashman Avenue Kingsgrove

c)    53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

 

 

 

 

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

DA2016/0117

100 Rosa Street Oatley

Demolition of existing dwelling and construction of new dwelling

3.2

DA2016/0309

9 Mashman Avenue Kingsgrove

Demolition of existing and construction of two storey boarding house

3.3

 PP2015/0001

Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

Planning Proposal to amend Hurstville Local Environmental Plan 2012 (“Hurstville LEP 2012”) as follows, in respect of the “Hurstville East” site:
a.      To change of land use zoning from IN2 Light Industrial and part R2 Low Density Residential to B4 Mixed Use,
b.      To amend the Floor Space Ratio Map to increase the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the reminder of the site (including a minimum commercial FSR of 0.5:1).
c.       To amend the Height of Buildings Map to increase the maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the site.
d.      To amend the Active Street Frontages Map to apply an active street frontage along Forest Road and Durham Street frontages of the site
e.      To provide a Hotel incentive 0.5:1 for the hotel accommodation land uses for that portion of the site on the corner of Forest Road and Durham Street.

3.4

N/A

Results of Public Exhibition of Planning Proposal to vary Clause 4.4A and Clause 6.6 of Hurstville LEP 2012

Planning Proposal No. 2015/0002 - Amend Clause 4.4A (Exceptions to FSR for buildings on land in certain zones) and Clause 6.6 (Active Street Frontages) in the Hurstville Local Environmental Plan 2012

 

 

 

 

 

4. Confirmation of Minutes by Chair

 


Georges River Council – Independent Hearing and Assessment Panel Thursday, 20 July 2017

Page 5

 

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 20 July 2017

 

IHAP Report No

3.1

Application No

DA2016/0117

Site Address & Ward Locality

100 Rosa Street Oatley

Blakehurst Ward

Proposal

Demolition of existing dwelling and construction of new dwelling

Report Author/s

Senior Planner, Gregory Hansell

Owners

Mr X Luo, Ms H Zhang, Mr H Luo and Ms X Gai

Applicant

BR Building Service Pty Ltd

Zoning

R2 Low Density Residential

Date Of Lodgement

24/06/2016

Submissions

 Four (4)

Cost of Works

 $1,620,000.00

Reason for Referral to IHAP

Unresolved objections relating to view loss, bulk and scale; overshadowing and privacy

 

 

Recommendation

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

 

 

 

Site Plan

 

 

Executive Summary

 

Proposal

 

1.         Council is in receipt of an application for demolition of the existing dwelling and construction of a new dwelling on the subject site.

 

Site and Locality

 

2.         The site is located off the eastern side of Rosa Street, between Charles Street and Neville Street.  It is occupied by a modest single storey fibro/timber clad and tile roofed dwelling house.  It slopes away in an easterly direction and is devoid of any major trees.

 

3.         Immediately to the north, south and east and across the road to the west are single dwelling houses.  The locality is predominantly low density residential in character.  The site enjoys broad views over the lower reaches of Oatley Bay and Georges River beyond.

 

Zoning and Development Standards

 

4.         The site is zoned R2 Low Density Residential under Kogarah Local Environmental Plan 2012 (KLEP 2012).  The proposal is permissible with council’s consent and satisfies the zone objectives.

 

5.         The proposal complies with the building height and floor space ratio standards that apply to the site under KLEP 2012.

 

Development Controls

 

6.         The proposal does not comply with the height to upper ceiling, two (2) storey depth and front boundary setback controls as prescribed under Kogarah Development Control Plan 2013 (KDCP 2013).  Notwithstanding, the proposed variations to these controls are reasonable having regard to the underlying objectives and particular circumstances of the case.

 

7.         The proposal reasonably satisfies the relevant objectives of KDCP 2013 having regard to the particular circumstances of the site and its context.

 

Submissions

 

8.         In accordance with the public notification provisions of KDCP 2013, the application was placed on neighbour notification.  Four (4) submissions raising issues relating to bulk and scale, view loss, visual privacy and overshadowing impacts and stormwater drainage and hazardous materials (i.e. asbestos and lead paint) risks were received as a result.

 

Conclusion

 

9.         The application has been assessed having regard to the relevant heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979.  Following detailed assessment, it is concluded that Development Application No. 117/2016 should be approved subject to conditions, including minor design changes to address concerns raised by adjoining residents as detailed in this report.

 

 

Report in Full

 

Proposal

 

10.      Council is in receipt of an application for demolition of the existing dwelling and construction of a new dwelling on the subject site.

 

Site and Locality

 

11.      The site is located off the eastern side of Rosa Street, between Charles Street and Neville Street.  It is occupied by a modest single storey fibro/timber clad and tile roofed dwelling house.  It slopes away in an easterly direction and is devoid of any major trees.

 

 

12.      Immediately to the north, south and east and across the road to the west are single dwelling houses.  The locality is predominantly low density residential in character.  The site enjoys broad views over the lower reaches of Oatley Bay and Georges River beyond.

 

 

Background

 

13.      A history of the current proposal is provided as follows:

 

§ The application was submitted on 24 June 2016.

§ The application was placed on exhibition, with the last date for public submissions being 20 July 2016.  Four (4) submissions were received as a result.

§ The applicant by email dated 24 August 2016 was requested to address stormwater drainage issues.  Information in response to these issues was received on 22 September 2016.

§ The applicant by email dated 24 October 2016 was requested to address gross floor area, building height, garage setback, visual privacy, view loss, front setback treatment and stormwater drainage issues.  Revised plans and further information in response to these issues were received on 15 November 2016.

§ The applicant by email dated 5 December 2016 was requested to further address stormwater drainage issues.  Revised architectural and stormwater drainage plans in response to these issues were received on 9 February 2017.

§ The applicant by email dated 14 February 2017 was requested to further address stormwater drainage issues.  Revised stormwater drainage plans in response to these issues were received on 6 March 2017.

§ The applicant by email dated 24 March 2017 was requested to further address stormwater drainage issues.  Final revised stormwater drainage plans in response to these issues were received on 27 April 2017.

 

Section 79C Assessment

 

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

 

(a) The provisions of any environmental planning instrument

 

Kogarah Local Environmental Plan 2012

 

Clause 2.1 – Land Use Zones

 

15.      The site is zoned R2 Low Density Residential.  The proposal is permissible with council’s consent.  The proposal satisfies the zone objectives.

 

 

Clause 4.3 – Height of Buildings

 

16.      The proposed building complies with the 9m building height standard that applies to the site.  In this regard, it has a maximum vertical distance from existing ground level to its highest point of 8.7m.

 

Clause 4.4A – Floor Space Ratio

 

17.      The proposal complies with the maximum 0.6:1 floor space ratio standard that applies to the site.  In this regard, it has a floor space ratio of slightly less than 0.5:1.

 

Clause 5.9 – Preservation of Trees or Vegetation

 

18.      There are no trees on the site apart from a small tree of the species ‘Tibouchina’ located adjacent to the southern side boundary.  Council’s tree assessment officer raises no issue with the removal of this tree subject to replacement tree planting being provided within the site.  A suitable condition of consent may be imposed to address this recommendation.

 

Clause 5.10 – Heritage Conservation

 

19.      The site is not listed as a heritage item in schedule 5 or located within a heritage conservation area, nor are there any heritage items located nearby.

 

Clause 6.1 – Acid Sulfate Soils

 

20.      The site is not shown as being affected by acid sulfate soils (ASS) on the ASS map.

 

Clause 6.2 – Earthworks

 

21.      The proposed earthworks are considered acceptable having regard to the provisions of this clause, as 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

 

22.      The site has not been identified as a flood planning area (FPA) on the FPA map.

 

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

 

23.      A BASIX Certificate has been issued for the proposal and the commitments required by this certificate have been satisfied.

 

Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment

 

24.      All stormwater from the proposal can be treated in accordance with Council’s Water Management Policy and would satisfy the relevant provisions of the regional plan.

 

(a)(ii)  The provisions of any exhibited draft environmental planning instrument

 

25.      There are no exhibited draft environmental planning instruments applicable to the site.

 

(a)(iii)        The provisions of any development control plan

 

Kogarah Development Control Plan 2013

 

26.      The proposal is subject to the provisions of Kogarah Development Control Plan 2013.  The following table outlines the proposal’s compliance with the primary controls contained within the development control plan.

 

Control

 

Required

Proposed

Complies

Gross Floor Area

404.16m² (max)

402.9m²

Yes

Height to Ridge Top

9m (max)

8.7m

Yes

Height to Upper Ceiling

7.2m (max)

7.8m

No (see below)

Residential Levels

3 (max)

3

Yes

Two Storey Depth

60% (max)

65.1%

No (see below)

Front Boundary Setback

7.5m-8.5m

7.5m

No (see below)

Rear Boundary Setback

6m (min)

12m

Yes

Side Boundary Setbacks

1.2m (min)

1.2m+

Yes

Deep Soil Landscaping

15% (min) or 121.25m²

37.3% or 301.8m²

Yes

Car Parking

2 spaces (min)

2 garage spaces

Yes

 

Note: For the purposes of application of the building height controls, the dwelling house constitutes a ‘pitched roof building’ (albeit with a negligible roof pitch) rather than a ‘flat roof building’.  The 7.8m height limit relating to flat roofed dwelling houses with parapets is not considered relevant in this case.

 

27.      The proposal reasonably satisfies the relevant objectives of the development control plan having regard to the particular circumstances of the site and its context.  The variations to the controls as outlined in the above table are discussed as follows.

 

Height to Upper Ceiling

 

28.      The dwelling house is up to 7.8m in height (as measured from existing ground level to its upper ceiling) in the vicinity of the ‘entertainment room’ at the rear of the building and above the maximum permissible height for the rear half of the building.  Notwithstanding, the height of the dwelling house is reasonable having regard to the underlying objectives and particular circumstances of the case.

 

29.      The uppermost floor is setback 2.5m from the northern side boundary and 3.9m from the southern side boundary (well beyond the prescribed minimum 1.2m setback) where it achieves its maximum height to the upper ceiling.  Floor to ceiling heights have been kept to a practical minimum and the overall height of the building complies with the 9m height limit prescribed in KLEP 2012.  In the circumstances, no unreasonable impacts on the amenity of adjoining residential properties immediately to the south, north and east of the site will arise.

 

Two Storey Depth

 

30.      The dwelling house extends for more than the prescribed maximum 60% depth of the lot.  Notwithstanding, the siting of the upper floor levels is reasonable having regard to the underlying objectives and circumstances of the case.

 

31.      The topmost floor readily complies with the control.  Where the middle floor level (noted on the plans as the ‘ground floor level’) extends beyond the prescribed maximum 60% depth of the lot, it is setback substantially from the respective side boundaries and well beyond the prescribed minimum 1.2m setback.  Most importantly, the rearmost facade of the dwelling house does not protrude beyond the rear building alignments of the dwelling houses on the adjoining properties immediately to the south and north of the site.  Given the relatively negligible extent of the variation (amounting to approximately 2m in depth) and the above circumstances, the amenity of the rear yards of adjoining properties will not be adversely affected in terms of visual privacy, solar access and visual bulk impacts.

 

Front Boundary Setback

 

32.      Based on an averaging of the front setbacks of the adjoining dwellings immediately to the north and south of the site in accordance with the prescribed methodology, a front setback varying from 7.5m on the northern boundary to 8.5m on the southern boundary is required for the proposal.  The dwelling house has been sited such that it does not extend forward of the prescribed front setback, apart from its front porch.  This element is setback 7.5m from the front boundary.  Notwithstanding, the proposed front setbacks are reasonable having regard to the underlying objectives and particular circumstances of the case.

 

33.      The underlying objective of the front setback control is to ensure that front building setbacks are representative of the character of the area.  The front setback of the dwelling house strikes a reasonable balance between the established front setbacks of the dwelling houses on the adjoining properties immediately to the north and south of the site.  The front porch is a relatively minor element when compared to the breadth of the front façade and protrudes forward of the façade to a negligible extent.  The setback of the front facade varies from 8m to 9.6m.  Given these circumstances, no adverse impacts on the established streetscape character will arise.

 

Section 94A Levies

 

34.      The proposal requires payment of $16,200 of Section 94A levies based on the provisions of Kogarah City Council - Section 94A Development Contributions Plan 2014.  This amount is based on 1% of the overall cost of the development.

 

(a)(iv) Prescribed matters

 

35.      The requirements of Australian Standard ‘AS 2601-1991: The Demolition of Structures’ are of relevance to the application as the proposal includes demolition works.  The requirements of this standard including management of asbestos containing materials may be readily addressed by the imposition of suitable conditions of consent.

 

(b)       Likely impacts

 

36.      The proposal is of a scale and character that is in keeping with other dwellings being constructed in the locality.  Accordingly, the proposal does not have a significant impact on the natural and built environment of the locality.

 

(c)     Suitability of site

 

37.      The proposal is of a scale and design that is suitable for the site having regard to its size and shape, topography, vegetation and relationship to adjoining developments.

 

(d)     Public submissions

 

38.      In accordance with the public notification provisions of KDCP 2013, the application was placed on neighbour notification for a period of fourteen (14) days.  Adjoining and nearby property owners were notified in writing of the proposal and invited to comment.  Four (4) submissions raising specific concerns over the proposal were received as a result.  The adjoining properties from which these submissions originated are shown by way of a star symbol on the map as follows.

 

 

39.      Each of the adjoining properties from which the submissions originated were visited on at least one (1) occasion.  At the same time, discussions were held with occupants of these properties with a view to clarifying the issues raised in the submissions and potential design changes to resolve these issues.  The applicant was subsequently requested to pursue design changes to resolve several of these issues, particularly those relating to bulk and scale, view loss and visual privacy.  The revised plans address all of the issues raised to some degree, although not to the extent that the submissions of objection are fully resolved.

 

40.      The revised plans that were submitted during the course of assessment of the application were not formally notified to neighbours having regard to the public participation provisions of KDCP 2013.  In this regard, the changes to the plans were partly in response to issues raised by those adjoining property owners that made submissions and partly in response to design issues raised by council officers and generally reduce the impacts of the proposal.

 

41.      The issues raised in the submissions and of relevance to the merits of the proposal are summarised and addressed as follows:

 

Asbestos and Lead Paint Hazards

 

42.      Concerns are raised by the owners/occupants of No. 31 Annette Street regarding health and safety risks associated with the demolition of the existing dwelling due to its likelihood of containing asbestos and lead paint.

 

Comment:

 

43.      These matters may be adequately addressed by suitable conditions of consent including a requirement that demolition works be carried out in accordance with the relevant Australian Standard.

 

Stormwater Runoff

 

44.      Concerns are raised by the owners/occupants of No. 31 Annette Street regarding the proposed method of stormwater drainage and associated flood risks.

 

Comment:

 

45.      Initially, stormwater drainage via an on-site absorption system was proposed and council’s stormwater drainage engineers raised significant reservations over this means of drainage.  Following lengthy negotiations, revised stormwater drainage plans including a below ground rainwater storage tank and charged system have been submitted.  These latest plans are to the satisfaction of council’s stormwater drainage engineers subject to standard stormwater related conditions of consent being imposed.

 

Visual Privacy Impacts on Rear Yard of No. 31 Annette Street

 

46.      Concerns are raised by the owners/occupants of No. 31 Annette Street regarding the three (3) storey scale of the rear façade of the dwelling house and associated visual privacy impacts on their rear yard.  Design changes including a reduction in the number of storeys and an increased rear setback are sought.  The treatment of the balustrades enclosing the rear balconies by way of solid material in lieu of glazing is also requested.

 

 

Comment:

 

47.      The applicant was requested to explore opportunities to reduce the height of the dwelling house and increase the rear setback of its uppermost floor level and include obscure glazing in the balustrading of the balcony associated with the entertainment room at first floor level.  The revised plans address the height issue to a reasonable degree, but do not achieve an acceptable outcome in terms of limiting overlooking from rear balconies.  Given that both rear balconies are off main living areas, overlooking impacts as a result of their use will be unreasonable.

 

48.      The proposed 1m high glazed balustrade on the outer (eastern) edge of the balcony off the entertainment room should be obscured for its entirety, so as to limit opportunities for downward viewing from this balcony into the objector’s property, particularly from a sitting position.  This requirement may be readily addressed by a suitable condition of consent.

 

Visual Privacy Impacts on Dwelling and Rear Yard of No. 98 Rosa Street

 

49.      Concerns are raised by the owners/occupants of No. 98 Rosa Street regarding the bulk and scale of the dwelling house and associated overlooking into their rear yard and indoor and outdoor living areas at the rear of their dwelling.

 

 

Comment:

 

50.      Overlooking impacts on this property will not be unreasonable given the predominantly easterly orientation of the proposed dwelling house and its major windows.  The windows in the northern side wall of the proposed dwelling house are of relatively minimal dimensions and in many cases constructed of obscure glazing.  Privacy screens of 1.8m in height have been incorporated on the opposite ends of the first floor rear balcony.  It is also relevant to consider that the rearmost facade of the dwelling house does not protrude beyond the rear building alignments of the dwelling houses on the adjoining properties immediately to the south and north of the site.

 

Height of Building

 

51.      Concerns are raised by the owners/occupants of Nos. 98 Rosa Street, 99 Rosa Street and 102 Rosa Street regarding the height of the building.  Specifically, concerns are raised over the three (3) storey scale of the dwelling house and its excessive heights as measured from ground level to the uppermost ceiling and roof parapet level above, when compared against council’s controls.  The proposal’s impact on the streetscape character and failure to follow the topography of the site are also of specific concern.

 

Comment:

 

52.      The applicant was requested to explore opportunities to reduce the height of the dwelling house and its three (3) storey scale.  The plans have been revised such that the dwelling house is 300mm less in overall height and readily satisfies the 9m height limit prescribed in KLEP 2012.  The three (3) storey scale of the dwelling house is acceptable having regard to the building height provisions in KDCP 2013 which allows for three (3) storey dwellings on steeper sites, such as in the case of the subject site.  It is also relevant to consider that the dwelling house is substantially setback from the respective side boundaries at the uppermost floor level, well beyond the the prescribed minimum 1.2m setback.

 

Loss of sunlight to house of No. 102 Rosa Street

 

53.      Concerns are raised by the owners/occupants of No. 102 Rosa Street regarding the proposal’s impact on solar access to the roof and north facing bedroom windows of their dwelling.

 

 

Comment:

 

54.      The resultant overshadowing impacts upon the objector’s dwelling and north facing bedroom windows are largely unavoidable owing to the east-west orientation of the site and aspect of the bedroom windows facing a common side boundary.  Given the generous side boundary setbacks of the topmost floor of the proposed dwelling house (well beyond the prescribed minimums) and compliant overall height, as well as the unfavourable aspect of the windows concerned, such overshadowing is not unreasonable.

 

55.      It is also relevant to consider that the bedroom windows currently benefit from high level solar access due to the existing dwelling on the subject property being of older housing stock, modest in size and single storey in scale.  Long term retention of existing solar access through the windows concerned would be an unreasonable expectation in the circumstances.  In any event, the shadow diagrams submitted indicate that these windows should receive a minimum of three (3) hours of sunlight from September through to March.

 

Floor Space Ratio

 

56.      Concerns are raised by the owners/occupants of No. 102 Rosa Street regarding the bulk and scale of the proposed dwelling house and more particularly whether it complies with the floor space ratio prescribed for the site.

 

Comment:

 

57.      The gross floor area of the proposed dwelling house has been calculated independently and verified to comply with the maximum floor space ratio that applies to the site.  The bulk and scale of the dwelling house is acceptable.

 

Foundation height of garage exceeds council controls

 

58.      Concerns are raised by the owners/occupants of No. 102 Rosa Street regarding the foundation height of the garage exceeding the 1m height limit prescribed in KDCP 2013.

 

Comment:

 

59.      The floor level of the garage is up to 1.5m above the existing ground level.  Notwithstanding, the associated wall of the garage facing the objector’s property is adequately setback from the side boundary in accordance with the relevant control and the only window proposed within this wall has a high sill and is of minimal dimensions, thus restricting views from the garage into the objector’s property.

 

Impact on views

 

60.      Concerns are raised by the owners/occupants of No. 99 Rosa Street regarding the bulk and scale of the proposed dwelling house and associated impacts on their water views.

 

Comment:

 

61.      In Tenacity Consulting P/L v Warringah (2004 NSWLEC 140), Senior Commissioner Roseth in establishing planning principles for view sharing made the following comment:

 

The notion of view sharing is invoked when a property enjoys existing views and a proposed development would share that view by taking some of it away for their enjoyment. (Taking it all away cannot be called view sharing, although it may, in some circumstances, be quite reasonable). To decide whether or not view sharing is reasonable, I have adopted a four step assessment’

 

The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views are valued more highly than views without icons. Whole views are valued more that partial views, e.g. a water view in which the interface between land and water is visible is more valuable that one in which it is obscured.

 

62.      The proposal affects middle to long distance views across the waterways of Oatley Bay and Georges River towards the foreshores around the suburbs of Connells Point, Blakehurst and Sylvania (refer to photographs below).  The views are of a high value due to their panoramic nature including waterways, vegetated foreshores and the bushland of Oatley Point Reserve to the south east.

 

 

 

63.      The second step is to consider from what part of the property the views are obtained. The protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. The expectation to retain side views and sitting views is often unrealistic.

 

64.      The views as defined in the first step are obtained from a first floor bedroom and associated balcony and ground floor entry patio at the front of the dwelling house.  These views are obtained across the front boundary of the objector’s property from both sitting and standing positions.

 

65.      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 as people spend so much time in them.

 

66.      The objector’s property does not enjoy any views other than those that are available in an easterly to south easterly direction from the front of their dwelling.  The extent of the impact varies considerably depending on the vantage point chosen.

 

67.      Viewed from the front ground floor patio, the proposal will substantially remove the water views and longer distance foreshore views currently available (refer to image below).  As a result, the impact from this vantage point is deemed to be severe.

 

 

68.      Viewed from the first floor bedroom and associated balcony, the proposal will remove much of the middle distance foreshore and water views currently available (refer to image below).  However, the longer distance views of the land-water interface and foreshores around the suburbs of Blakehurst and Sylvania and middle distance view of the bushland of Oatley Point Reserve to the south east will be substantially maintained.  As long distance views of the land-water interface and foreshores are being maintained over the top of the proposed dwelling house and views of Oatley Point Reserve and its associated bushland to the south east will remain substantially unaffected, the impact from this vantage point is deemed to be moderate.

 

 

69.      The fourth step is to assess the reasonableness of the proposal that is causing the impact. Where an impact on view 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 skillfull design could provide the applicant with the same development potential and amenity and reduce the impact on the view of the 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.

 

70.      The proposed dwelling house complies with the height and floor space ratio standards as prescribed in KLEP 2012.  Further, the front half of the dwelling house is two (2) storeys in scale and incorporates a low profile roof, thereby falling well within the 9m height limit where it faces the objector’s property.  A reduction in the height of the rear half of the dwelling house such that it complied with the maximum 7.2m building height control (as measured from existing ground level to its upper ceiling) would not make a substantial difference in terms of the outlook from the objector’s property, apart from being able to view slightly more of the waterways over the rooftop of the dwelling.  The extent of the impact as viewed from the first floor balcony and adjacent master bedroom would still remain moderate.

 

71.      In terms of the question of the skilfulness of the design, the raised roof element over the front porch unnecessarily exacerbates the extent of view loss and at the same time offers little benefit in enhancing the aesthetics of the building.  This roof element should be lowered to be consistent with the adjacent parapets of the main roof.  This design change may be readily addressed by a suitable condition of consent.

 

Conclusion:

 

72.      The impact on views will be moderate to severe, depending on the position of the vantage point.  Viewed from the front ground floor patio, the proposal will substantially remove the water views and longer distance foreshore views currently available.  Viewed from the first floor bedroom and associated balcony, the proposal will remove much of the middle distance foreshore and water views currently available.  However, the longer distance views of the land-water interface and foreshores around the suburbs of Blakehurst and Sylvania and middle distance view of the bushland of Oatley Point Reserve to the south east will be substantially maintained.

 

73.      In view of these circumstances and the foregoing commentary, it is concluded that the proposal results in reasonable view sharing having regard to the planning principle established by the Land & Environment Court.

 

(e)     Public interest

 

74.      The proposal is of a scale and character that does not conflict with the public interest.

 

Conclusion

 

75.      The application has been assessed having regard to the relevant heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979.  Following detailed assessment, it is considered that Development Application No. 117/2016 should be approved.

 

Recommendation

 

That council as the consent authority and pursuant to Section 80(1)(a) of the Environmental Planning & Assessment Act 1979 grant consent to Development Application No. 117/2016 for demolition of the existing dwelling and construction of a new dwelling at property No. 100 Rosa Street, Oatley subject to conditions, including the design changes to address concerns raised by adjoining residents as detailed in this report.

 

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, Job No. 1601408, Drawing Nos. 1/13, 2/13, 3/13, 4/13, 5/13, 6/13, 7/13, 8/13 & 9/13, all dated 3 February 2016 and amendments dated 7 February 2017, as prepared by BR Building Service Pty Ltd

(ii)        Stormwater drainage plan, reference 2016385 S1, Revision D dated 25 April 2017, as prepared by MBC Engineering Pty Ltd

 

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:

 

·    Damage Deposit of                                                             $  1,900.00

·    *Builders Long Service Levy of                                          $  5,670.00

·    Driveway Design and Inspection Fee (Dwelling) of         $     515.00

·    Asset Inspection Fee of                                                      $     110.00

·    Section 94A Contributions of                                             $16,200.00

 

*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)       Section 94A Contributions

 

As at the date of Development Consent a contribution of $16,200.00 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 Section 94A Contributions Plan may be inspected at Council’s Customer Service Centres or online at www.georgesriver.nsw.gov.au.

 

(4)       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.

 

(5)       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.

 

(6)       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.

 

(7)       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 the document ‘Water Management Policy. Kogarah Council. August 2006’.

 

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 justification and support by appropriate details, calculations and information to allow for proper assessment.

 

(8)       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.

 

(9)       Rainwater Tank – Required for other than BASIX.

 

A 5000 litre rainwater tank for rainwater storage and reuse is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow from the tank is to be directed to the site drainage system. The mains top-up system is to be installed according to Sydney Water’s guidelines entitled Guidelines for rainwater tank on residential properties: Plumbing Requirements April 2003 and its amendment November 2003.

 

(10)     Design Changes Required

 

The following design changes are required:

 

(i)         The 1m high balustrade on the eastern perimeter of the first floor balcony adjacent to the entertainment room is to incorporate obscure glazing for the entirety of its length and height.

(ii)        A privacy screen is to be incorporated on top and for the entire length of the eastern perimeter of the retaining wall located downslope of the dwelling house and retaining the turfed area at RL39.72.  This privacy screen is to be a minimum of 1.7 metres in height above the finished ground level and incorporate obscure glazing for the entirety of its length and height.

(iii)       The roof structure above the front porch and balcony is to be lowered such that it does not exceed a reduced level of RL48.972, consistent with the reduced level at the top of the adjacent roof parapet.

 

The above design changes are to be incorporated in the plans accompanying any construction certificate for the development.

 

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.

 

(11)     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.

 

(12)     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.

 

(13)     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.

 

(14)     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.

 

(15)     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.

 

(16)     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.

 

(17)     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.

 

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.

 

(18)     Inspections - New Dwelling

 

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)  after excavation for, and prior to the placement of, any footings, and

(c)   prior to pouring any in-situ reinforced concrete building element, and

(d)       prior to the covering of the framework for any floor, wall, roof or other building element, and

(e)  prior to covering waterproofing in any wet areas, and

(f)    prior to covering any stormwater drainage connections, and

(g)       after the building work has been completed and prior to any occupation certificate being issued in relation to the building.

(h)        in the case of a swimming pool, as soon as practicable after the barrier (if one is required under the Swimming Pools Act 1992 has been erected.

 

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          Landscaping

 

(19)     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.

 

(20)     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.

 

(21)     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.

 

(22)     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.

 

(23)     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'.

 

(24)     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.

 

(25)     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.

 

(26)     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.

 

(27)     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.

 

(28)     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.

 

(29)     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.

 

(30)     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.

 

(31)     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.

 

(32)     Tree Removal

 

The trees identified in the table below may be removed:

 

Tree Species 

Location on Site/Tree No

Work Required

Tibouchina sp

100 Rosa Street/ Tree 1

Removal

 

All tree removals are to be carried out by a certified Tree Surgeon/Arborist to ensure that removal is undertaken in a safe manner and complies with the AS4373-2007 – Pruning of Amenity Trees) and Tree Works Industry Code of Practice (Work Cover NSW 1.8.98).

 

No trees are to be removed on the site or neighbouring properties without the prior written approval of Council.

 

(33)     Tree Replacement

 

One (1) canopy tree is to be planted within the subject site and not within 3 metres of any existing or proposed structures. The replacement tree is to have a minimum pot size of 75 litres.

 

All replacement trees are to be planted, protected and maintained prior to the issue of the final occupation certificate.

 

(34)     Stormwater Drainage

 

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.

 

(35)     Separate Occupation

 

No part of the building is to be used as a separate domicile.

 

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.

 

(36)     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.

 

(37)     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.

 

(38)     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.

 

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.

 

(39)     Compliance with the Building Code of Australia

 

The development must be carried out in accordance with the provisions of the Building Code of Australia.

 

(40)     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.

 

(41)     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.

 

(42)     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.

 

(43)     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.

 

(44)     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.

 

(45)     Demolition Conditions-Asbestos

 

(a)       Demolition of buildings where asbestos is determined to be present should only occur 7am – 5pm Monday to Saturdays, and must not occur on Sundays or Public Holidays, to ensure that the persons carrying out the work have access to WorkCover professionals if required.

 

(b)       All asbestos removal shall be undertaken in accordance with the requirements of WorkCover’s ‘How to Safely Remove Asbestos’ Code of Practice and Council’s Asbestos Policy.

 

(c)        Written notice must be provided to Georges River Council five (5) working days (excluding public holidays) prior to commencement of any works.

 

Written notice is to include the following details:

·    Date the demolition will commence

·    Name, address, contact details (including after hours) and licence number of the demolisher and asbestos removalist (if different)

 

Work must not commence prior to the nominated demolition date.

 

Note: it is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

 

(d)       The owner is to notify all owners and occupiers of premises on either side, opposite and at the rear of the development site five (5) working days prior to demolition.  Such notification is to be clearly written on A4 size paper stating the date the demolition will commence and is to be placed in the letterbox of every premises (including every residential flat or unit, if any). The demolition must not commence prior to the date and time stated in the notification.

 

(e)       A demolition or asbestos removal contractor licensed under the Work Health and Safety Regulations 2011 must undertake removal of more than 10m2 of bonded asbestos (or otherwise specified by WorkCover or relevant legislation).

 

Removal of friable asbestos material must only be undertaken by a contractor that holds a current AS1 Friable Asbestos Removal Licence.

 

(f)         Demolition sites that involve the removal of asbestos must display 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 on the site to the satisfaction of Council’s officers. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos has been removed from the site to an approved waste facility.

 

(g)       All asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations (Waste) Regulation 2005. All receipts detailing method and location of disposal must be submitted to Council as evidence of correct disposal.

 

(h)        A Clearance Certificate or Statement, prepared by a suitably qualified occupational hygienist must be provided to Council upon completion of demolition and asbestos related works, which confirms that the relevant legislative requirements in relation to safe removal and disposal have been satisfied.

 

(i)         A Work Cover Licensed Demolisher is to be engaged to carry out any demolition works using mechanical equipment where the structure is over 4 metres in height or to carry out any manual demolition works on a structure over 10 metres in height.

 

(j)         The provision of temporary fences and footpath crossing pads prior to commencement of demolition operations.  Further, no waste materials or bins are to be placed on Council's roadways or footpaths.

 

(k)   No waste materials are to be burnt on site.

 

(l)         No trees as defined by Council's Tree Preservation Order being removed or damaged on the site without the prior written approval of Council.

 

(m)      Compliance with the provisions of Australian Standard AS 2601-1991:"The Demolition of Structures", which requires notification of demolition to be submitted at least seven (7) days prior to demolition to the NSW Workcover Authority.

 

(n)        Effective erosion and sediment control measures are to be undertaken during the course of demolition and building works in accordance with Council’s ‘Environmental Site Management Policy’.  Failure to implement appropriate measures may result in a $750 Penalty Infringement Notice (individual) and/or $1,500 (corporation) being issued and/or the incurring of a maximum penalty of $250,000 (corporation) or $120,000 (individual) through the Land and Environment Court.

 

(o)       Appropriate measures are to be implemented on site to control dust and other air borne matter and demolition material is to be stored and stacked in a manner so as to minimise the risk of damage or nuisance to neighbouring properties.

 

(p)       Council being notified upon completion of the demolition works so that an inspection can be made of the roadway and footpath.

 

(q)       All non-recyclable demolition material being disposed of at an approved waste disposal depot. Details as to the method and location of disposal of demolition materials (weight dockets, receipts, etc.) should be kept as evidence of approved method of disposal.

 

(r)        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

 

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)     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.

 

(vi)    Property Address

 

Property addresses shall be allocated by Council in accordance with the Addressing Standard AS/NZS 4819:2011.

 

(vii)   Rainwater Tank Storage

 

The rainwater tank storage specified is to be provided in lieu of On-site Detention storage which is not feasible due to the site topography.

 

(viii)  Tree Preservation

 

No trees are to be removed, pruned or damaged on site or neighbouring properties unless there is written approval from Council in accordance with Clause 5.9 of Kogarah Local Environmental Plan 2012.

 

 

 

 

ATTACHMENTS

Attachment View1

Site and Site Analysis Plan - 100 Rosa Street Oatley

Attachment View2

Proposed West and South Elevations - 100 Rosa Street Oatley

Attachment View3

Proposed North and East Elevations - 100 Rosa Street Oatley

Attachment View4

Shadow Diagram - June 21st - 100 Rosa Street Oatley

Attachment View5

Shadow Diagram - March - September - 100 Rosa Street Oatley

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.1                           100 Rosa Street Oatley

[Appendix 1]           Site and Site Analysis Plan - 100 Rosa Street Oatley

 

 

Page 32

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.1                           100 Rosa Street Oatley

[Appendix 2]           Proposed West and South Elevations - 100 Rosa Street Oatley

 

 

Page 33

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.1                           100 Rosa Street Oatley

[Appendix 3]           Proposed North and East Elevations - 100 Rosa Street Oatley

 

 

Page 34

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.1                           100 Rosa Street Oatley

[Appendix 4]           Shadow Diagram - June 21st - 100 Rosa Street Oatley

 

 

Page 35

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.1                           100 Rosa Street Oatley

[Appendix 5]           Shadow Diagram - March - September - 100 Rosa Street Oatley

 

 

Page 36

 


Georges River Council – Independent Hearing and Assessment Panel Thursday, 20 July 2017

Page 38

 

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 20 July 2017

 

IHAP Report No

3.2

Application No

DA2016/0309

Site Address & Ward Locality

9 Mashman Avenue Kingsgrove

Hurstville Ward

Proposal

Demolition of existing and construction of two storey boarding house

Report Author/s

Development Assessment Officer, Marc Raymundo

Owners

Deyuan Yang

Applicant

Loay Yousef

Zoning

Zone R2 - Low Density Residential

Date Of Lodgement

15/11/2016

Submissions

Ten (10) submissions received

Cost of Works

$495,000.00

Reason for Referral to IHAP

10 submissions received raising issues such as; parking, density, pedestrian and vehicular safety, character of the area, amenity impacts and alternative accomodation

 

 

Recommendation

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

 

Description: C:\Users\mraymundo\Desktop\Site Plan.JPGSite Plan

 

 

 

Executive Summary

 

1.         The development application seeks development consent for the demolition of an existing dwelling and construction of a two storey boarding house with eight (8) boarding rooms on land known as 9 Mashman Avenue, Kingsgrove.

 

2.         The proposal as assessed complies with the applicable planning controls being; State Environmental Planning Policy Affordable Rental Housing (2009), State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy Infrastructure 2009, State Environmental Planning Policy BASIX: 2004, Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No 1  subject to additional conditions of consent.

 

3.         Two hundred and five (205) adjoining residents/occupiers were notified and renotified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.  In response, ten (10) submissions were received of which the concerns raised have been addressed further within this report.

 

Proposal

 

4.         The development application seeks development consent for the demolition of existing dwelling and construction of a two storey boarding house with eight (8) boarding rooms on land known as 9 Mashman Avenue, Kingsgrove.

 

Site and Locality

 

5.         The site forms a rectangular shaped allotment with a site area of 408.4sqm. The site is currently occupied by a single storey dwelling house. The site is surrounded by residential dwelling houses primary to the west and south of the site. A 5-7 storey mixed use development known as “The Pottery” adjoins the site to the east.  A railway corridor adjoins the site to the north (rear). The entry to Kingsgrove Station is located approximately 221m away to the north-east. An industrial area is located to further to the north beyond the rail line.

 

Zoning and Permissibility

 

6.         The site is zoned R2 Low Density Residential under the Hurstville Local Environmental Plan 2012. A boarding house forms a permissible use within this zone.

 

Submissions

 

7.         Two hundred and five (205) adjoining residents/occupiers were notified and renotified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.  In response, ten (10) submissions were received of which the concerns raised have been addressed further within this report. The issues raised included; increased parking, increased density, pedestrian and vehicular safety, negative impacts character of the area, noise and privacy amenity impacts and alterative residential accommodation available elsewhere.

 

Conclusion

 

8.         THAT the application be approved in accordance with the conditions included in the report. Additional design changes conditioned as follows;

 

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.

 

The submitted concept hydraulic plan shall be amended to indicate:

 

(a) the interception of runoff, from impervious surfaces such as driveway and footpath, and its management through an absorption system in accordance with Development Control Plan 1, Appendix 2, Section 9 - Design Guidelines for Absorption Trenches;

 

(b) the provision of an On Site Detention system.

 

These design changes are to be incorporated into the Detailed Hydraulic Plans submitted for approval with the Construction Certificate Application.

 

(c)   All ground floor and first floor windows along the western and eastern side elevations are to be frosted glass.

 

(d) A 1.8m high privacy screen is to be erected along the western side elevation of the rear terrace.

 

(e) Motorcycle space to be line marked on hardstand.

 

These design changes are to be incorporated into plans submitted for approval with the Construction Certificate

 

Report in Full

 

Proposal

 

9.         The application seeks approval for the demolition of existing dwelling and construction of a two storey boarding house with eight (8) boarding rooms on land known as 9 Mashman Avenue, Kingsgrove. In detail the proposal is described as follows;

 

·    Demolition of existing dwelling house;

·    Construction of two storey boarding house;

·    Ground Floor: entry, boarding room 1, boarding room 2  and 3 (adaptable rooms), common room, rear veranda, private open space to rear, internal stairs, garage with storage area;

·    First Floor: boarding room 4  with front balcony, boarding rooms 5-8

·    Hard stand space, driveway;

·    The use equates to 7 x 2 lodger rooms (B1-B3, B5-B8) and 1 x 1 lodger room (B4);

 

The Site and Locality

 

10.       The site is legally described as Lot 5 in DP 19078. The site forms a generally rectangular shaped allotment with a frontage of 13.97m along the southern boundary, 30.15m along the eastern side boundary, 14.17m along the rear northern boundary, 29.15m along the western side boundary with a site area of 408.4sqm.   The site is located on the northern side of the street.  A single storey dwelling is centrally located on site. A garage is located within the rear north-east corner. A low timber fence runs along the front southern boundary.  A concrete driveway is located parallel with the western side boundary. There are no large significant trees on site. The site is located on a zone interface with the site being R2 Low Density Residential with B2 Local Centre adjoining the site to the east.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Photograph of subject site

 

 

 

11.       Adjoining the site to the east is the Mashman Pottery site which comprises of a mixed use development which includes a supermarket, restaurants and residential units. The site adjoins the T2 Airport, Inner West and South Railway site directly to the north. The entry to Kingsgrove Railway Station is located approximately 221m away to the north-east. Kingsgrove Road commercial precinct contains a mixture of commercial uses are located to the east of the site. Detached established residential dwelling houses  are located to the west, south-west and south of the site. There are no street trees on the Council reserve and a power pole is located within the south-east corner.

 


Zoning Extract of subject site and surrounding area

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

221m distance from subject site to the Public Entrance of Kingsgrove Railway Station

 

 

 

 

Background

 

12.      18 Jun 16                                      PRE2016/0009 Pre DA for demolition of existing and Council in receipt of application for demolition of existing dwelling and construction of a two storey boarding house with eight (8) boarding rooms

 

15 Nov 16                                     Council in receipt of application for demolition of existing dwelling and construction of a two storey boarding house with eight (8) boarding rooms

 

1 – 15 Dec 16           Notification period

 

22 Dec 16 – 20 Jan 17     Application renotified following concerns raised on original notification

 

16 Jan 17                            Sydney Trains conditions received

 

5 Jun 17                                        Stop the Clock Letter to applicant requesting architectural Plans with dimensions and Plan of Management Provided

 

7 Jun 17                                        Additional information received however no renotification required

 

COMPLIANCE AND ASSESSMENT

 

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

 

1.    Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

 

Clause

Standard

Compliance

Part 2 – Permitted or Prohibited Development

R2 – Low Density Residential,  a “boarding house” is defined as “

(a) is wholly or partly let in lodgings, and

(b) provides lodgers with a principal place of residence for 3 months or more, and

(c) may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and

(d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,

but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment”.

The proposal is defined as a boarding house and forms a permissible use in the zone and satisfies the definition for boarding house

 

Objectives of the R2 Low Density zone to be reasonably satisfied

The proposal reasonably satisfies the objectives of the zone

2.7 – Demolition requires Development Consent

The demolition of a building or work may be carried out only with development consent

The development proposal seeks demolition of existing dwelling and ancillary structures – relevant conditions included in the consent.

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

7.9m gable roof ridge (RL 29.86)

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map (site area 408.4sqm)

FSR = 0.6:1

(245sqm)

 

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

Floor Space Ratio calculated in accordance with clause

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 site

 

The proposed stormwater conditioned to drain to the street and absorption trench subject to conditions of consent

 

The existing access and unchanged to Mashman Avenue

 

 

State Environmental Planning Policy

Complies

State Environmental Planning Policy 55 – Remediation of Land

Historically used for residential purposes

Yes

State Environmental Planning Policy – BASIX 2004

Valid BASIX certificate provided Basix No. 774885S dated 8 Nov 16

 

 

Yes

 

 

 

 

State Environmental Planning Policy (Infrastructure) 2007

Yes

 

STATE ENVIRONMENTAL PLANNING POLICY AFFORDABLE RENTAL HOUSING 2009

 

14.       The proposal has been considered in relation to the applicable provisions as per below;

 

Clause

Control

Proposed

Complies

 

25 Definition

 

In this Division:

communal living room” means a room within a boarding house or on site that is available to all lodgers for recreational purposes, such as a lounge room, dining room, recreation room or games room.

 

Communal room located the rear building on the ground floor (19sqm) with appropriate functional internal dimensions with direct access to private open space at rear of the site (north)

Yes

26 Land to which Division applies

 

 

This Division applies to land within any of the following land use zones or within a land use zone that is equivalent to any of those zones:

(a) Zone R1 General Residential,

(b) Zone R2 Low Density Residential,

(c) Zone R3 Medium Density Residential,

(d) Zone R4 High Density Residential,

(e) Zone B1 Neighbourhood Centre,

(f) Zone B2 Local Centre,

(g) Zone B4 Mixed Use.

 

Site zoned R2 Low Density Residential under the Hurstville Local Environmental Plan 2012

Yes

27 Development to which Division applies

 

(1) This Division applies to development, on land to which this Division applies, for the purposes of boarding houses.

 

(2) Despite subclause

 

(1), this Division does not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone in the Sydney region unless the land is within an accessible area

 

An “accessible area is defined as follows “

 

land that is within:

(a) 800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or

 

(b) 400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or

 

(c) 400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.

 

 

 

 

 

 

 

 

 

 

 

 

The site zoned R2 Low Density Residential and is within an accessible area as the subject site is located 221m walking distance to the public entrance of Kingsgrove Station to the north-east.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

28 Development may be carried out with consent

Development to which this Division applies may be carried out with consent

Development consent sought as part of this development application

Yes

29 Standards that cannot be used to refuse consent

(1) A consent authority must not refuse consent to development to which this Division applies on the grounds of density or scale if the density and scale of the buildings when expressed as a floor space ratio are not more than:

 

(a) the existing maximum floor space ratio for any form of residential accommodation permitted on the land, or

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Residential 0.6:1 FSR sought compliant with HLEP 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

(2) A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

 

 

 

 

(a) building height

if the building height of all proposed buildings is not more than the maximum building height permitted under another environmental planning instrument for any building on the land,

(9m HLEP 2012)

7.9m gable roof ridge (RL 29.86)

 

 

Yes

(b) landscaped area

if the landscape treatment of the front setback area is compatible with the streetscape in which the building is located,

Landscape treatment with front setback is compatible with the streetscape and only consists of a pathway and driveway. It is noted that the existing driveway crossing is proposed to remain.

 

Yes

(c) solar access

where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter

3 hours of solar access achieved to communal living room on ground floor given the due north aspect and sliding door along the north elevation

 

 

 

 

 

Yes

(d) private open space

if at least the following private open space areas are provided (other than the front setback area):

 

(i) one area of at least 20 square metres with a minimum dimension of 3 metres is provided for the use of the lodgers,

 

 

 

 

 

 

 

 

 

 

Private open space provided at the rear north of the site and behind the front setback with a total area of 93sqm and minimum dimension of 3m

 

 

 

 

 

 

 

 

Yes

(e) parking if

(i) in the case of development in an accessible area—at least 0.2 parking spaces are provided for each boarding room, and

 

Accessible area 0.2 car spaces x 8 boarding rooms totals = 1.6 spaces rounded up to 2 car spaces forming one garage space and one hardstand space

Yes

(f) accommodation size

if each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:

 

(i)12 square metres in the case of a boarding room intended to be used by a single lodger

 

(ii) 16 square metres in any other case.

 

 

 

 

 

 

(3) A boarding house may have private kitchen or bathroom facilities in each boarding room but is not required to have those facilities in any boarding room.

 

(4) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).

 

Calculation excluding private kitchen and bathroom

 

 

 

 

 

 

B4:15sqm

 

 

 

 

 

 

B1: 17.1sqm

B2: 15.1sqm

B3: 15.1sqm

B5: 18.3sqm

B6: 17.2sqm

B7:19.2sqm

B8: 19sqm

 

 

Private kitchens and bathroom facilities provided in each boarding room

 

 

 

 

 

 

The proposal complies with requirements within this Division

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

30 Standards for boarding houses

 

(1) A consent authority must not consent to development to which this Division applies unless it is satisfied of each of the following:

 

(a) if a boarding house has 5 or more boarding rooms, at least one communal living room will be provided,

 

 

(b) no boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 square metres,

 

(c) no boarding room will be occupied by more than 2 adult lodgers,

 

 

(d) adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger,

 

(e) if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager,

 

(h) at least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.

 

The proposal consists of 8 boarding rooms and one communal room located at the rear of the ground floor has been provided

 

No boarding room greater than 25sqm

 

 

 

 

 

 

 

 

Boarding room maximum per room 2 adult lodgers as per plan of management

 

Bathrooms and kitchens provided within each room

 

 

 

 

 

Maximum capacity is 15 lodgers. No boarding house manager required

 

 

 

 

 

 

Two (2) motorcycle/bike spaces spaces provided on site within the front setback

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

30A Character of local area

 

A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

 

The proposal adopts a built form which is comparable to a dwelling house in relation to height, setback and aesthetic design features. The proposal is compatible with the streetscape and provides adequate landscaped area within the front setback. A detailed analysis has been provided under Section 4.1 Dwelling House Standard Lots

Yes (1) refer to discussion below for additional information

 

(1) Clause 30A – Character of local area

15.       Clause 30A states that Council cannot grant consent to a boarding house unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

 

16.       Case law has held that the test in Clause 30A is “one of compatibility not sameness” (Gow v Warringah Council [2013] NSWLEC 1093 (15 March 2013)). Compatibility is widely accepted to mean “capable of existing together in harmony” (Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191.

 

17.       It has also been held that in assessing ‘compatibility’ both the existing and future character of the local area needs to be taken into account (Sales Search Pty Ltd v The Hills Shire Council [2013] NSWLEC 1052 (2 April 2013) and Redevelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029).

 

Relationship to the Existing and Future Character of the Local Area

 

18.       In Redevelop Projects Pty Ltd v Parramatta City Council [2013] NSW LEC 1029, Commissioner Morris concluded that the ‘local area’ includes both sides of the street and the ‘visual catchment’ as the minimum area to be considered in determining compatibility.

 

19.       With regard to the subject site, the ‘local area’ is taken to include at least the three (3) properties to the side (west) of the site, “The Pottery” adjoining the site to the east which comprises of a 5-7 storey mixed use development and two (2) properties across the road to the south. Within this local area, the dwelling houses are generally constructed circa 1960’s.

 

20.       The dwellings along Mashman Avenue are generally defined by masonry low front fences with hardstand parking areas/driveways and landscaping at the front of each property. 

 

21.       The proposed development is of a similar bulk and scale to the existing developments in the vicinity of the site and the presentation to the street is compatible with the surrounding locality.  The development is consistent with the established character and appearance of the locality.

Comparison Table

 

22.       The character of an area is not only defined by what is physically existing on the adjoining allotments, but also what is permitted under the planning controls which apply at the time. The proposal adopts a built form commensurate to that of a two (2) storey dwelling house.  As previously stated within the report, the proposal complies with the floor space ratio, height of buildings, private open space, landscaping and car parking requirements of State Environmental Planning Policy (Affordable Rental Housing) 2009 which override Council’s controls.

 

23.       Whilst Council does not have prescribed controls for the built form of boarding houses, as a “best fit in consideration with the Character Test”, the proposal has been considered against the provisions Section 4.1 Single Dwelling Houses and Section 4.2 Dual Occupancy of Development Control Plan No 1 – LGA Wide below;

 

Control

Single Dwelling

Dual Occupancy

Proposal

Height

 

Maximum ceiling height

9m

 

7.2m

9m

 

6.8m

7.9m

 

7.2m

Floor Space Ratio

0.6:1 (0.55:1 for dwelling house only)

0.6:1

0.6:1

Landscape

20%

20%

31%

Setbacks:

 

Front (*)

 

 

Garage/carport

 

At Grade Parking

 

 

 

 

 

Rear setback:

Ground

First

 

Side setback:

Ground

 

 

First

 

 

 

4.5m

 

 

5.5m

 

At least 1 space must be located behind the building line.

 

 

 

3m

6m

 

 

900mm

 

 

1.2m

 

 

4.5m

 

 

5.5m

 

No specific setback control for uncovered parking

 

 

 

 

7m

9m

 

 

900mm

 

 

1.2m

 

 

5.6m

 

 

5.6m

 

One space within garage and one hardstand within eastern side setback

 

 

 

 

6.15m

6.15m

 

 

E: 2845mm

W: 1200mm

 

E: 2845mm

W: 1200mm

 

 

Visual and Acoustic Privacy

1m offset/ appropriate treatment

1m offset/appropriate treatment

Sufficient offset/treatment to adjoining neighbouring windows

Solar Access

 

3 hours solar access during Winter  Solstice

3 hours solar access during Winter  Solstice

3 hours solar access achieved to the primary living areas and private open space of adjoining dwellings.

Drainage

 

Gravity, easement or charged system

Gravity or easement

 

24.       As is demonstrated by the above table, the proposed development is generally consistent with the key controls applicable to the construction of a single dwelling house or dual occupancy development. The bulk and scale of the development is more comparable to a single dwelling house and the size of the land would not be suitable for a dual occupancy development. As single dwelling house controls are considered to have greater relevance. Given the above, it is considered that the proposed development is consistent with the desired future character of the locality

 

Any other matters prescribed by the Regulations

 

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

 

Demolition

 

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

 

3.         Development Control Plans


HURSTVILLE DEVELOPMENT CONTROL PLAN NO 1

 

27.       Hurstville DCP No.1 (Amendment No.5) – Effective 13 July 2016

 

The proposal has been considered against the relevant provisions within this subsection as follows;

 

     Section 3.1 Vehicular Access, Parking and Manoeuvring

 

Adequate vehicular, parking and manoeuvrability has been provided on site in accordance with the Australian Standards. In this regard, the intent of this subsection has been satisfied.

 

28.       Section 3.3 Access and Mobility

 

The proposal is considered to satisfy the requirements of this subsection whereby the proposal has provided two (2) adaptable units being rooms (B2 and B3) and has provided one accessible space in accordance with Councils controls which requires one accessible space per ten boarding rooms or part thereof. The proposal must satisfy requirements of the BCA and Australian Standards are part of CC requirements.

 

29.       Section 3.4 Crime Prevention Through Environmental Design

 

The proposal has been considered in accordance with the relevant provisions. The proposal allows opportunities for passive and casual surveillance to and from the street. The plan of management provided forms part of the development consent and covers acceptable behaviour of boarders and visitors in relation to use.

 

30.       Section 3.5 Landscaping

 

The proposal is considered to provide adequate landscaping and tree planting. In this regard the intent of this subsection has been satisfied.

 

31.       Section 3.7 Stormwater

 

The proposal seeks to drain to the street (Mashman Avenue) at the front of the site via charged system. Absorption trenches are conditioned at the rear of the property. This is supported by Council’s Development Engineer subject to conditions of consent.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 – SECTION 4.6 SPECIFIC CONTROLS FOR RESIDENTIAL DEVELOPMENT

 

32.       As discussed earlier in this report, Development Control Plan No 1 contains no specific built form controls for boarding house developments.  Even so, for the purposes of assessing the relationship of the proposal with the character of the area, the development was considered against the key provisions relating to single dwelling house and dual occupancy developments.  The proposal was found to be generally consistent with these controls and consequently considered to be compatible with the surrounding locality.

 

Natural Environment

   

33.       The proposal does not seek to remove any significant trees under protected under Council’s Tree Preservation Order or trees identified under the Threatened Species Act 1995. The proposal seeks to drain to the rear which is consistent with Council’s requirements.  As earlier discussed within the report, fill along the side (east) and (west) setbacks are not supported and are conditioned to be deleted as part of the Construction Certificate.

   

Built Environment

   

34.       The proposal is considered not to result in any adverse material impact to the built environment as the proposal adopts a built form similar to a dwelling house which is compatible to the surrounding area.

   

Social Impact

 

35.       The proposal is not considered to result in any adverse material social impact. The proposal meets the requirements of SEPP ARH 2009. A plan of management has been considered and is considered to be acceptable. The plan of management is conditioned as part of the development consent.

 

Economic Impact

   

36.       The proposal is not considered to result in any adverse material economic impact given that the boarding house provides affordable housing opportunities within the locality. 

 

Suitability of the Site

 

37.       The proposal is suitable for the subject site for the reasons contained within this report.

 

5.    REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

 

38.       Two hundred and five (205) adjoining residents/occupiers were notified and renotified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.  In response, ten (10) submissions were received raising the following concerns;

 

Parking

 

39.       Concerns were raised in relation to on street parking and impact of development to existing street network in particular on the corner of Mashman and Colvin Streets.

 

Comment: The proposal has provided two (2) car parking spaces and two (2) motorcycle spaces in accordance with SEPP ARH 2009 which complies. All required parking is provided on site which is compliant and seeks to utilise the existing driveway crossing which is not considered to be unreasonable.

 

Boarding house, increased density, overcrowding

 

40.       Concerns were raised that the boarding house is not appropriate for the area given the allotment size.

 

Comment: The proposed boarding house is permissible use within the R2 Low Density Residential Zone under the HLEP 2012 and the location of the proposal satisfies the accessible location criteria and lodgement of SEPP ARH 2009. It is considered that proximity to the Kingsgrove Railway Station and mixed use development in an appropriate location for this type of use.

 

Pedestrian and vehicular safety,

 

41.       Concerns were raised regarding pedestrian and vehicular safety

 

Comment: The proposal is not considered to result in any adverse material impact in relation to pedestrian access and vehicular safety

 

Character

 

42.       Concerns were raised in relation to impacts to the character of the streetscape and area.

 

Comment: The proposal adopts a built form which is compatible with the streetscape and area. The design of the proposal incorporates an architectural style and setbacks of a dwelling house, similar to that of residential dwellings within the locality.

 

Impact on amenity

 

43.       Concerns were raised in relation to the enjoyment of adjoining properties, privacy, excessive noise and undesirable persons.

 

Comment: The proposal is not considered to result in any significant adverse material impacts in relation to amenity. The proposal is for a permissible use in the zone.

 

44.       Elevated ground floor and first floor windows contain bedroom windows of a minimum sill height of 1.2m above each floor. The Boarding room 4 front balcony is orientated to the street. All windows along the eastern and western side elevations are conditioned to be frosted. In this regard, no unreasonable privacy impacts are generated from the proposal and use. No bedroom windows face the eastern elevation. Only two bedroom windows face the western side boundary which is not dissimilar to a dwelling house.

 

45.       The common room and private open space is located at the rear of the site to minimise noise impacts and is bound by the plan of management which limits noise and visitors to 10.00pm.

 

46.       The plan of management which forms part of the conditions of consent specify expectations of boarders and visitors. The plan of management forms part of the ongoing use of the premises.

 

Alternative accommodation

 

47.       It was suggested that other existing forms of accommodation should be utilised instead of the proposal for the boarding house.

 

Comment: The proposal seeks a permissible use within the zone and is considered to provide housing choice within the locality.

 

    Notification

 

Concerns were raised regarding incorrect notification dates on notification sign.

         

Comment: The application was renotified in accordance with Council’s requirements.

 

Council Referrals

 

Development Engineer

 

48.       Council’s Development Engineer supports the proposal subject to conditions of consent.

 

Environmental Health and Building Surveyor

 

49.       Council’s Environmental Health and Building Surveyor supports the proposal subject to conditions of consent

 

External Referrals   

 

Sydney Trains

 

50.       The proposal was referred to Sydney Trains on 28 Nov 16. Council received correspondence from Sydney Trains on 16 Jan 17 supporting the proposal subject to conditions relating to noise and vibration, stray current and electrolysis from rail operations, use of lights and reflective materials, demolition, excavation and construction impacts, drainage, fencing, crane and other aerial operations and high voltage transmission line. The requirements from Sydney Trains are include within the conditions of consent. 

 

6.    CONCLUSION

 

51.       The proposal forms a permissible use within the R2 Low Density Residential Zone under the Hurstville Local Environmental Plan 2012. The proposal satisfies the requirements of State Environmental Planning Policy (Affordable Rental Housing) 2009 and other applicable State and Local planning provisions. The proposal as assessed has been amended during the assessment process to result in a better design outcome which has reduced impacts to adjoining properties and improved amenity for future occupants. In this regard, for the reasons contained within this report, the proposal is considered to be worthy of approval.

 

52.       Additional design conditions are imposed to further minimise impacts to adjoining neighbouring properties:

 

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.

 

The submitted concept hydraulic plan shall be amended to indicate:

 

(a) the interception of runoff, from impervious surfaces such as driveway and footpath, and its management through an absorption system in accordance with Development Control Plan 1, Appendix 2, Section 9 - Design Guidelines for Absorption Trenches;

 

(b) the provision of an On Site Detention system.

 

These design changes are to be incorporated into the Detailed Hydraulic Plans submitted for approval with the Construction Certificate Application.

 

(c)   All ground floor and first floor windows along the western and eastern side elevations are to be frosted glass.

 

(d) A 1.8m high privacy screen is to be erected along the western side elevation of the rear terrace.

 

(e) Motorcycle space to be line marked on hardstand.

 

53.       These design changes are to be incorporated into Plans submitted for approval with the Construction Certificate

 

 

RECOMMENDATION

 

54.       THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application DA2016/0309 for demolition of existing dwelling and construction of a two storey boarding house with eight (8) x boarding rooms on Lot 5 in DP 19078 and is known as 9 Mashman Avenue, Kingsgrove subject to the attached 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.

 

~          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

  A01A   A02A      A03A

  06-06-17  06-06-17  06-06-17  06-06-17

Architectural Plans:  Site Plan   Ground Floor Plan   First Floor Plan   Elevations

 

A to Z architect and Engineers

L01/1 - K21406

14 Oct 16

Landscape Plan

 

Michael Siu

 

7 June 2017

Plan of Management

 

A to Z architect and Engineers

 

 

Schedule of Finishes

 

A to Z architect and Engineers

 

Nov 2016

Waste Management Plan

 

A to Z architect and Engineers

 

 

~          GEN1023 - Section 94A Contributions - As at the date of Development Consent a contribution of $4,950.00 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.

 

~          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

$

Construction Certificate Application Fee

$

Construction Certificate Imaging Fee

$

         

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.

~          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.

~          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.

 

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.

~          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.

 

~          APR7001 - Building - Hoarding Application - Prior to demolition of the buildings on the site or the commencement of work above ground level a separate application for the erection of an A class (fence type) hoarding, in accordance with the requirements of Work Cover Authority of NSW, must be erected along that portion of property boundaries adjoining the footway. An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

The following information is to be submitted with a Hoarding Application under s68 of the Local Government Act and s138 of the Roads Act 1993:

(a)   A site and location plan of the hoarding with detailed elevation, dimensions, setbacks, heights, entry and exit points to/from the site, vehicle access points, location of public utilities, electrical overhead wire protection, site management plan and builders sheds location.

 

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.

 

~          GOV1020 - NSW Government AgencySydney Trains

 

1. Noise and Vibration

 

§ An acoustic assessment is to be submitted to Council prior to the issue of a Construction Certificate demonstrating how the proposed development will comply with the Department of Planning’s document titled “Development Near Rail Corridors and Busy Roads- Interim Guidelines”.

 

2. Stray Currents and Electrolysis from Rail Operations

 

§ Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate.

 

3. Use of Lights and Reflective Materials

 

§ The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of Sydney Trains.

The Principal Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

 

4. Demolition, Excavation and Construction Impacts

 

§ Prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on the rail corridor. The Principal Certifying Authority shall not issue the Construction Certificate until written

 

5. Drainage

 

§ Given the development site’s location next to the rail corridor, drainage from the development must be adequately disposed of/managed and not allowed to be discharged into the corridor unless prior approval has been obtained from Sydney Trains.

 

§ Rainwater from the roof must not be projected and/or falling into the rail corridor and must be piped down the face of the building which faces the rail corridor.

 

6. Fencing

 

§ Prior to the commencement of works appropriate fencing is to be in place along the rail corridor to prevent unauthorised access to the rail corridor during construction. Details of the type of fencing and the method of erection are to be to the satisfaction of Sydney Trains prior to the fencing work being undertaken.

 

§ The development shall have appropriate fencing fit for the future usage of the development site to prevent unauthorised access to the rail corridor by future occupants of the development. Prior to the issuing of an Occupation

 

Certificate the Applicant shall liaise with Sydney Trains regarding the adequacy of any existing fencing along the rail corridor boundary. Details of the type of new fencing to be installed and the method of erection are to be to the satisfaction of Sydney Trains prior to the fencing work being undertaken.

 

7. Crane and Other Aerial Operations

 

§ If a crane is to be used at any stage of the proposed works, the following condition applies:

 

Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements. The Principal Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

 

8. High Voltage Transmission Line

 

§ Sydney Trains advises they have an 11kV H/V aerial transmission line near to this site and any works, scaffolding and crane movements within 6 metres of the nearest transmission line conductor must be discussed and approved by Sydney Trains beforehand.

 

§ In addition, all works within 6 metres of the nearest transmission line conductor must comply with:

-     ISSC 20 – Guideline for the Management of Activities within Electricity Easements and Close to Electricity Infrastructure.

-     The Safe Approach Distances (SADs) in the Sydney Trains Document titled “SMS-06-GD-0268 – Working Around Electrical Equipment”.

 

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.

 

~          CC2022 - Development Assessment - Design - Excavation/Filling near boundaries - To minimise any potential impact on the soil stability of adjoining properties, no fill is permitted between the side boundaries between western side elevation to the western side boundary and eastern side elevation to the eastern side boundary. The natural ground level is to remain.

 

~          CC3006 - Development Engineering - Detailed Stormwater Drainage Design

Reference No.

Date

Description

Revision

Prepared by

Job 16090 Sheet H1/1

7/10/’16

Stormwater Plan

-

ACM Civil & Structural Engineers P/L

The above submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken. A detailed drainage design supported by a catchment area plan and drainage calculations (including a Hydraulic Grade Line Analysis) must be submitted with the Construction Certificate application.

~          CC7006 - Building - Vibration Damage - To minimise vibration damage and loss of support to the buildings in close proximity to the development, any excavation is to be carried out by means of a rock saw and if available, in accordance with the guidelines of the Geotechnical Engineer’s report.

Alternatively where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) a report from a qualified geotechnical engineer detailing the maximum size of hammer to be used is to be obtained and the recommendations in that report implemented during work on the site. The report shall be submitted with the Construction Certificate application.

~          CC7008 - Building - Access for Persons with a Disability - Access for persons with disabilities must be provided to the site, including the carpark area 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.

~          CC7019 - Building - Evacuation diagrams

Evacuation diagrams complying with the relevant requirements of AS 3745-2010 shall be prepared in conjunction with an appropriately qualified person or firm. The evacuation diagrams shall be located in prominent locations throughout the common areas of the building including on the inside of each door providing access to each bedroom or sole-occupancy unit. Details of the evacuation diagrams shall be submitted with the Construction Certificate Application.

~          CC8004 - Waste - Waste Storage Containers - Villa Units, Townhouses, etc (Residential Development) - The following waste and recycling facilities will be required:

Domestic Waste:-  4 x 240 litre Mobile Garbage Bins (MGB’s);

Domestic Recycling:- 4 x 240 litre MGB’s

Garden Organics:- 4 x 240 LITRE MGB’s.

All waste, recycling and garden organics containers shall be stored within the open space.

Note:- These conditions are to be placed in the Section that deals with the ‘ONGOING CONDITIONS’.

~          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.

~          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.

The submitted concept hydraulic plan shall be amended to indicate:

(a) the interception of runoff, from impervious surfaces such as driveway and footpath, and its management through an absorption system in accordance with Development Control Plan 1, Appendix 2, Section 9 - Design Guidelines for Absorption Trenches;

(b) the provision of an On Site Detention system.

These design changes are to be incorporated into the Detailed Hydraulic Plans submitted for approval with the Construction Certificate Application.

(c) All ground floor and first floor windows along the western and eastern side elevations are to be frosted glass.

(d) A 1.8m high privacy screen is to be erected along the western side elevation of the rear terrace.

 

(e) Motorcycle space to be line marked on hardstand.

 

These design changes are to be incorporated into Plans submitted for approval with the Construction Certificate

~          CC2008 - Development Assessment - Landscape Plan - A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted prior to the issue of the Construction Certificate. The plan must include:

(i)      Location of existing and proposed structures on the site including existing trees (if applicable);

(ii)     Details of earthworks including mounding and retaining walls and planter boxes (if applicable);

(iii)    Location, numbers and type of plant species;

(iv)    Details of planting procedure and maintenance;

(v)     Details of drainage and watering systems.

 

~          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.

 

~       CC3001 - Development Engineering - Stormwater System

 

Reference No.

Date

Description

Revision

Prepared by

Job 16090 Sheet H1/1

7/10/’16

Stormwater Plan

-

ACM Civil & Structural Engineers P/L

 

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

(a) All roof waters and all overflows from any rainwater tank shall drain to Council’s kerb and gutter directly in front of the development site by a suitably designed charged system, with gravity fall across Council’s footpath from an inspection pit within the property to Council’s kerb and gutter directly in front of the development site.

All outlets from any charged system must be constructed at 45 degrees to the direction of flow in the street gutter.

 

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.

(b) All surface water runoff from such impervious surfaces as driveway and footpath shall drain to a suitability designed absorption trench in the rear yard - in accordance with Appendix 2, Section 9 of Council’s DCP1. Such trenches must be located at least 3m from any property boundary and be constructed across the contour of the land.

The design of this proposed drainage system must be prepared by a qualified practising hydraulics engineer (with details of qualifications being provided). Certification of the adequacy of the absorption trench system for the surface area being drained shall also be provided by the hydraulics engineer.

Design details and certification shall be submitted for approval with the Construction Certificate application.

~          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

(h)   retaining walls

(i)    stabilizing works

(j)    structural framework

 

~          CC3005 - Development Engineering - On Site Detention

 

Reference No.

Date

Description

Revision

Prepared by

Job 16090 Sheet H1/1

7/10/’16

Stormwater Plan

-

ACM Civil & Structural Engineers P/L

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

 

~          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.

 

~          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.

 

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.

~          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

 

~          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.

(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.

 

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.

~          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 kerb and gutter directly in front of the development site in Mashman Avenue.

~          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.

~          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.

~          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.

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.

 

~          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.

~          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)     Volume of storage available in any detention areas;

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

(d)     The orifice size/s;

(e)     Details of any infiltration/absorption systems.

~          OCC6006 - Engineering - Wheel Stops - Wheel stops must be installed in accordance with Section 2.4.5.4 of the Australian Standards AS/NZS 2890.1 - Parking Facilities - Part 1 Off-Street Car Parking. Wheel stops shall be painted with reflective white paint to ensure night time visibility.

~          OCC7005 - Building - The proposed structure must be constructed in accordance with details designed and certified by the practising qualified structural engineer. In addition, Compliance or Structural Certificates, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority prior issue of the Occupation Certificate.

 

~          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.

~          OCC2004 - Development Assessment - BASIX Compliance Certificate - A Compliance Certificate must be provided to the Principal Certifying Authority regarding the implementation of all energy efficiency measures as detailed in the BASIX Certificate No. 774885S dated 8 Nov 16 and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

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

~          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.

~          OCC6009 - Engineering - Stormwater drainage works - Works As Executed - Prior to the issue of the Occupation Certificate, stormwater drainage works are to be certified by a qualified stormwater engineer, with Works-As-Executed drawings supplied to Council detailing:

(a) Compliance with conditions of development consent relating to stormwater;

(b) The structural adequacy of the On-Site Detention system (OSD);

(c)  That the works have been constructed in accordance with the approved design and will provide the detention storage volume and attenuation in accordance with the submitted calculations;

(d) Pipe invert levels and surface levels to Australian Height Datum;

(e) Contours indicating the direction in which water will flow over land should the capacity of the pit be exceeded in a storm event exceeding design limits.

 

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

(a) Residential dwellings: Two car spaces. One motorcycle space.

 

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.

 

~          ONG2009 - Development Assessment - Plan of Management.

The ongoing use must be carried out in strict accordance with the approved Plan of Management prepared by A to Z architect and Engineers received by Council on 7 June 17.

~          ONG7004 - Building - Noise levels emitted from mechanical exhaust systems or any air conditioning unit must not exceed the background noise level when measured at any point on the boundary of the site.

~          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.

~          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.

 

~          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.

~          ADV7001 - Building - Council as PCA - Deemed to Satisfy Provisions of BCA - Should the Council be appointed as the Principal Certifying Authority in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the BCA.  However, if an alternative solution is proposed it must comply with the performance requirements of the BCA, in which case, the alternative solution, prepared by an appropriately qualified fire consultant, accredited and having specialist qualifications in fire engineering, must justifying the non-compliances with a detailed report, suitable evidence and expert judgement.

 

~          ADV7004 - Building - Council as PCA - Compliance with the BCA - Should 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)    The protection of openings, located in accordance with Clause C3.2

b)    Fire resisting construction of all building elements including walls, floors and top floor ceilings required under Table 4 and Clause 4.1 of Specification C1.1

c)    Fire-fighting services and equipment including fire blankets, portable fire extinguishers, emergency lights, exit signs and smoke hazard management systems.

d)    Barriers to prevent falls, provided in accordance with D2.16(a)

e)    Exit travel distances, at first floor level, required by Part D1.4(a)

f)     Natural light and ventilation requirements in accordance with Part F4

g)    Sound transmission and insulation details in accordance with Part F5

 

~          ADV7005 - Building - Energy Efficiency Provisions - Should Council be appointed as the Principal Certifying Authority, a report prepared and endorsed by an Energy Efficiency Engineer or other suitably qualified person must be submitted, detailing the measures that must be implemented in the building to comply with Section J of the BCA. The proposed measures and feature of the building that facilitate the efficient use of energy must be identified and detailed on the architectural plans. At completion of the building and before the issue of an Occupation Certificate, a certificate certifying that the building has been erected to comply with the energy efficiency provisions must be submitted to the Principal Certifying Authority. (Note: Energy efficiency provisions relate only to new building work or the installation of new measure. Existing building fabric and measures may not be upgraded.)

 

~          ADV7006 - Building - Compliance with Access, Mobility and AS4299 - Adaptable Housing - Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate application must be accompanied by detailed working plans and a report or a Certificate of Compliance from an Accredited Access Consultant certifying that the building design and access to the adaptable units (B2 and B3) complies with Development Control Plan No 1 - LGA Wide - Section 3.3 Access and Mobility and AS 4299 Adaptable Housing.

 

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.

 

~          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.

 

~          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.

 

~          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.

 

~          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.

 

~          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.

 

~          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.

 

~          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.

 

~          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.

 

~          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.

 

~          OPER1005 - Subdivision Work – Construction Certificate & Appointment of Principal Certifying Authority - Subdivision work in accordance with a development consent cannot commence until:

 

(a) A Construction Certificate has been issued by the consent authority, the council (if not the consent authority) or an accredited certifier; and

(b) The beneficiary of the consent has appointed a Principal Certifying Authority for the subdivision work.

 

No later than two (2) days before the subdivision 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 subdivision work.

 

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

 

~          OPER1006 - Subdivision work – 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 subdivision works.

 

A Notice of Commencement Form is attached for your convenience.

 

~          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.

 

~          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.

 

~          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.

 

 

 

ATTACHMENTS

Attachment View1

1. Survey - 9 Mashman Ave Kingsgrove

Attachment View2

2. Site Analysis Plan - 9 Mashman Ave Kingsgrove

Attachment View3

3. Floor Plans - 9 Mashman Avenue

Attachment View4

4. Elevations - 9 Mashman Ave Kingsgrove

Attachment View5

5. Isometric Plan - 9 Mashman Ave Kingsgrove

Attachment View6

6. Shadow Diagrams - 9 Mashman Ave Kingsgrove

Attachment View7

7. Vertical Shadow Elevation Diagrams - 9 Mashman Ave Kingsgrove

Attachment View8

8. Landscape Plan - 9 Mashman Ave Kingsgrove

Attachment View9

9. Concept Stormwater Plan - 9 Mashman Ave Kingsgrove

Attachment View10

10. Waste Management Plan - 9 Mashman Ave Kingsgrove

Attachment View11

11. Plan of Management - 9 Kingsgrove Road Kingsgrove

Attachment View12

12. Schedule of Finishes - 9 Mashman Ave Kingsgrove

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.2                           9 Mashman Avenue Kingsgrove

[Appendix 1]           1. Survey - 9 Mashman Ave Kingsgrove

 

 

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[Appendix 2]           2. Site Analysis Plan - 9 Mashman Ave Kingsgrove

 

 

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[Appendix 3]           3. Floor Plans - 9 Mashman Avenue

 

 

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3.2                           9 Mashman Avenue Kingsgrove

[Appendix 4]           4. Elevations - 9 Mashman Ave Kingsgrove

 

 

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Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

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[Appendix 5]           5. Isometric Plan - 9 Mashman Ave Kingsgrove

 

 

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Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

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[Appendix 6]           6. Shadow Diagrams - 9 Mashman Ave Kingsgrove

 

 

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Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

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[Appendix 7]           7. Vertical Shadow Elevation Diagrams - 9 Mashman Ave Kingsgrove

 

 

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[Appendix 8]           8. Landscape Plan - 9 Mashman Ave Kingsgrove

 

 

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Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.2                           9 Mashman Avenue Kingsgrove

[Appendix 9]           9. Concept Stormwater Plan - 9 Mashman Ave Kingsgrove

 

 

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Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.2                           9 Mashman Avenue Kingsgrove

[Appendix 10]         10. Waste Management Plan - 9 Mashman Ave Kingsgrove

 

 

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Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.2                           9 Mashman Avenue Kingsgrove

[Appendix 11]         11. Plan of Management - 9 Kingsgrove Road Kingsgrove

 

 

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Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

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[Appendix 12]         12. Schedule of Finishes - 9 Mashman Ave Kingsgrove

 

 

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REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 20 July 2017

 

IHAP Report No

3.3

Application No

 PP2015/0001

Site Address & Ward Locality

Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

Hurstville Ward

Proposal

Planning Proposal to amend Hurstville Local Environmental Plan 2012 (“Hurstville LEP 2012”) as follows, in respect of the “Hurstville East” site:

a.      To change of land use zoning from IN2 Light Industrial and part R2 Low Density Residential to B4 Mixed Use,

b.      To amend the Floor Space Ratio Map to increase the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the reminder of the site (including a minimum commercial FSR of 0.5:1).

c.       To amend the Height of Buildings Map to increase the maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the site.

d.      To amend the Active Street Frontages Map to apply an active street frontage along Forest Road and Durham Street frontages of the site

e.      To provide a Hotel incentive 0.5:1 for the hotel accommodation land uses for that portion of the site on the corner of Forest Road and Durham Street.

 

Report Author/s

Manager Strategic Planning, Catherine McMahon

Owners

Various - discussed in the report

Applicant

Dickson Rothschild on behalf of One capital Pty Ltd

Zoning

IN2 - Light Industrial & R2 Low Density Residential under the Hurstville Local Environmental Plan 2012. The premises at No. 116 Durham Street is a Local Heritage Item.

Date Of Lodgement

16/06/2015

Submissions

N/A

Cost of Works

N/A

Reason for Referral to IHAP

To seek a recommendation to present the Planning Propsoal report to Council

 

 

Recommendation

1.      That the Georges River IHAP recommends to the Council that the Planning Proposal to amend Hurstville Local Environmental Plan 2012 (“Hurstville LEP 2012”) as follows, in respect of the “Hurstville East” site, be forwarded to the delegate of The Greater Sydney Commission for a Gateway Determination under section 56 of the Environmental Planning and Assessment Act 1979:

a.      To change of land use zoning from IN2 Light Industrial and part R2 Low Density Residential to B4 Mixed Use,

b.      To amend the Floor Space Ratio Map to increase the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the reminder of the site (including a minimum commercial FSR of 0.5:1).

c.      To amend the Height of Buildings Map to increase the maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the site.

d.      To amend the Active Street Frontages Map to apply an active street frontage along Forest Road and Durham Street frontages of the site

e.      To provide a Hotel incentive 0.5:1 for the hotel accommodation land uses for that portion of the site on the corner of Forest Road and Durham Street.

 

2.      That Council prepare an amendment to the Hurstville DCP to run concurrently with an amendment to the Hurstville LEP 2012 (if Gateway approval is given by the Department of Planning and Environment), to reflect urban design considerations for future development of the site including amount and location of open space, landscaped setbacks, deep soil areas, site access, road widening and through site links and any other relevant issues. The DCP is to be prepared at the proponents cost.

 

3.      That all land owners the subject of the Planning Proposal to amend Hurstville Local Environmental Plan 2012 (“Hurstville LEP 2012”) be notified by Council in writing of the planning proposal and the proposed DCP requirements of road widening and site through links.

 

 

 

 

 

Figure 1 - Site Plan

Description: G:\Maps for Cathy\PP-53-75 Forest Rd, 108-126 Durham St and 9 Roberts La, Hurstville_SiteMap.jpg

 

Executive Summary

1.           Dickson Rothschild submitted a revised Planning Proposal request (PP2015/0005) on behalf of One Capital Pty Ltd on 2 June 2017 that requests that Council amend the Hurstville Local Environmental Plan 2012 (“LEP 2012”) in relation to the site bounded by Forest Road, Durham Street and Roberts Lane, Hurstville (the “Hurstville East” site) to:

 

a.   Change of land use zoning from IN2 Light Industrial and part R2 Low Density Residential to B4 Mixed Use,

b.   Amend the Floor Space Ratio Map to increase the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the reminder of the site (including a minimum commercial FSR of 0.5:1).

c.   Amend the Height of Buildings Map to increase the maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the site.

d.   Amend the Active Street Frontages Map to apply an active street frontage along Forest Road and Durham Street frontages of the site.

e.   Hotel incentive 0.5:1 for the hotel accommodation land uses for that portion of the site on the corner of Forest Road and Durham Street.

 

2.           The Urban Design Presentation (Dickson Rothschild) shows a concept which provides for:

 

a.   Between 440 and 480 residential units across the site, which are located within buildings of 3 storeys up to 19-20 storeys. The Traffic Report (Refer to Attachment 8) states that 450 residential apartments will be provided comprising of:

i. 10 studio units

ii.  38 one bedroom units

iii. 364 two bedroom units

iv. 38 three bedroom units

 

b.   Seven (7) level hotel containing between 110-130 rooms (approx. 5,260sqm) located on Ground Level and Levels 1 to 6 within the corner building (Building A).

c.   Ground level retail uses along Forest Road, Durham Street and internal.

d.   Central area of communal open space of approximately 3000m2.

e.   Through site connections linking Durham Street and Forest Road.

f.    Provision of 670 carparking spaces.

g.   Road widening along the Roberts Lane frontage of 3m.

h.   Soho units along Roberts Lane in a 3 storey element 18m wide.

 

3.           The Site is currently located just outside the boundary of the Hurstville City Centre and currently accommodates approximately 10,127m2 of employment floor space.  Council at its Meeting held 3 July 2017 adopted a report and approved Hurstville Section 94 Development Contributions Plan (Amendment No. 2) to include Kempt Field, the Hurstville East Site (bounded by Forest Road, Durham Street and Roberts Lane) and the Bing Lee Site (being 108, 112 and 124 Forest Road) Hurstville into the Hurstville City Centre land application map.

 

4.           The site consists of 19 allotments in various ownerships. The Planning Proposal does not have all owners consent.

 

5.           Council, at its meeting on 3 April 2017 considered a report on the draft Georges River Employment Lands Study (the draft Study) and resolved to publicly exhibit the draft Study. The draft Study makes the following recommendation for the Hurstville Industrial – Hurstville East Precinct:

a.   Rezone the Precinct from IN2 – Light Industrial and No 53 Forest Road from R2 – Low Density Residential to B4 – Mixed Use zone,

b.   Implement a minimum non-residential floor space ratio (FSR) of 0.5:1 and ensure that non-residential floor space is provided at the ground floor to encourage street activation which promotes vibrancy in the centre, as well as continued employment opportunities,

c.   That a further review be undertaken with respect to the height and FSR in the context of the adjoining development.

 

6.           The revised Planning Proposal request lodged in June 2017 has been considered by the St George Design Review Panel (“DRP”) on 6 April 2017 and the proposed maximum FSR and the range of building heights included in this revision was generally supported. A copy of the minutes is contained in Attachment 1.

 

7.           The DRP supported the Planning Proposal subject to a detailed design at DA stage which is to be the subject of a further DRP Meeting upon lodgement of a DA.

 

8.           This report recommends that the IHAP supports the change of land use zoning from IN2 Light Industrial and part R2 Low Density Residential to B4 Mixed Use and the proposed increase in the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the reminder of the site and increases in the maximum building height to a range of heights of 12m along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the site.  The retention of the amount of employment generating floor space (‘non-residential’) on the site is also supported, and is proposed to be controlled through the requirement of a minimum ‘non-residential’ FSR of 0.5:1. The bonus Hotel incentive of 0.5:1 for the hotel accommodation land uses for that portion of the site on the corner of Forest Road and Durham Street should also be supported. An active street frontage will apply across the Forest Road and Durham Street frontages.

 

9.           This report also recommends an amendment to Development Control Plan No.2 – Hurstville City Centre be prepared, to run concurrently with an amendment to the Hurstville LEP 2012 (if Gateway approval is given by the Department of Planning and Environment), to reflect urban design considerations for future development of the site including amount and location of open space, landscaped setbacks, deep soil areas, site access, road widening and through site links.

 

10.         The Planning Proposal is accompanied by an Offer to enter into a Planning Agreement. This Offer will be reported separately to the Council.

 

 

Report in Full

1. INTRODUCTION

11.         The request to prepare a Planning Proposal (PP2015/0001) for the site bounded by Forest Road, Durham Street and Roberts Lane, Hurstville was originally submitted by Dickson Rothschild (“the Applicant”) on 16 June 2015.

 

12.         Table 2 of this report  provides a chronology of the events leading up to this report on the revised Planning Proposal.

 

13.         Dickson Rothschild has submitted a revised Planning Proposal request (PP2015/0005) on behalf of One Capital Pty Ltd on 2 June 2017 that Council amend the Hurstville Local Environmental Plan 2012 (“LEP 2012”) in relation to the site bounded by Forest Road, Durham Street and Roberts Lane, Hurstville (the “Hurstville East” site) to:

a.   Change of land use zoning from IN2 Light Industrial and part R2 Low Density Residential to B4 Mixed Use,

b.   Amend the Floor Space Ratio Map to increase the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the reminder of the site (including a minimum commercial FSR of 0.5:1).

c.   Amend the Height of Buildings Map to increase the maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the site.

d.   Amend the Active Street Frontages Map to apply an active street frontage along Forest Road and Durham Street frontages of the site

e.   Hotel incentive 0.5:1 for the hotel accommodation land uses for that portion of the site on the corner of Forest Road and Durham Street.

 

14.         The site will be referred to as “Hurstville East” in this report.

 

15.         The revised Planning Proposal request was considered at the St George Design Review Panel (“DRP”) on 6 April 2017.

 

16.         The revised Planning Proposal (June, 2017) request is detailed in Section 4 of this report and includes the following proposed amendments to the Hurstville LEP 2012 for the Site:

a.   Change of land use zoning from IN2 Light Industrial and part R2 Low Density Residential to B4 Mixed Use,

b.   Amend the Floor Space Ratio Map to increase the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the reminder of the site (including a minimum commercial FSR of 0.5:1).

c.   Amend the Height of Buildings Map to increase the maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the site.

d.   Amend the Active Street Frontages Map  to apply an active street frontage along Forest Road and Durham Street frontages of the site

e.   Hotel incentive 0.5:1 for the hotel accommodation land uses for that portion of the site on the corner of Forest Road and Durham Street.

 

17.         A Planning Agreement has been offered by the Applicant and this is summarised below and will be reported to Council as a separate report.

 

18.         In response to discussions with Council officers, the revised Planning Proposal includes reference to the preparation of site specific provisions in the Hurstville DCP 2 – Hurstville City Centre to reflect design considerations for the site including vehicle access points, building locations and form and the amount and location of open space, landscaped, deep soil areas, road widening and through site links. This draft DCP Amendment would be prepared if Gateway Approval is received from the Department of Planning and Environment.

 

2.      SITE DESCRIPTION

2.1    Overview of the Site

19.         The Hurstville East site is a triangular shaped site bounded by Forest Road, Durham Street and Roberts Lane, Hurstville. The site adjoins the area defined as the Hurstville City Centre and within 400m walking distance from Allawah Station and 800m from Hurstville Station. The site is shown in Figure 2 below.

 

20.         The site has multiple land owners and contains a total of 19 separate lots legally described in Table 1 below. One Capital Pty Ltd has an interest in 8 of the allotments. Figure 26 of this report indicates the land that One Capital Pty Ltd has an interest in.

 

Table 1 – Legal Site Description

 

Lot/DP & Address

Zone under HELP 2012

Ownership

Lot A DP.372835

53 Forest Road

R2 – Low Density Residential

Mrs K Giacchi

Lot 1 DP. 225302

61-65 Forest Road

IN2 – Light Industrial

Sentumar Pty Ltd

 

One Capital has an interest

Lot 101 DP.776275

67-69 Forest Road

IN2 – Light Industrial

Sentumar Pty Ltd

 

One Capital has an interest

Lot 100 DP.776275

71A Forest Road

IN2 – Light Industrial

Mrs VM and Mr AW Garthon

One Capital has an interest

Lot 10 DP.621395

73 Forest Road

IN2 – Light Industrial

South East Automotive Pty Ltd

One Capital has an interest

Lot 4 DP.12517

75 Forest Road

IN2 – Light Industrial

South East Automotive Pty Ltd

One Capital has an interest

Lot 3 DP.12517

75 Forest Road

IN2 – Light Industrial

South East Automotive Pty Ltd

One Capital has an interest

Lot 2 DP.12517

126 Durham Street

IN2 – Light Industrial

South East Automotive Pty Ltd

One Capital has an interest

Lot 1 DP.12517

126 Durham Street

IN2 – Light Industrial

South East Automotive Pty Ltd

One Capital has an interest

Lot 15 DP.601341

122A Durham Street

IN2 – Light Industrial

A & C Motor Repairs Pty Ltd

Lot 1 DP.337499

120 Durham Street

IN2  - Light Industrial

Mr G & Mrs R Topalidia

Lot 1 DP.213685

118A Durham

IN2 – Light Industrial

Mr H and Mrs W Hage

Lot 2 DP.213685

118 Durham Street

 

IN2 – Light Industrial

Mr H and Mrs W Hage

Lot 5 DP.171179

116 Durham Street

IN2 – Light Industrial

Boy Scouts Association Trustees

(Heritage Item)

Lot A DP.391801

114 Durham Street

IN2 - Light Industrial

Bagi Pty Ltd

Lot B DP.391801

112 Durham Street

IN2 – Light Industrial

Bagi Pty Ltd

Lot C DP.391801

110 Durham Street

IN2 – Light Industrial

Bagi Pty Ltd

Lot D DP.391801

108 Durham Street

 

IN2 – Light Industrial

Bagi Pty Ltd

Lot 1 DP.172819

9 Roberts Lane

IN2 – Light Industrial

Mrs J and Mr I Kordic

 

 

21.         The site has an area of 14,070m2 (approx. 1.4 hectares) and the following boundaries:

 

a.   Forest Road boundary of 175m,

b.   Durham Street boundary of 140m,

c.   Roberts Lane boundary of 207m.

 

22.         The existing buildings on the site are described below:

 

a.   Self-storage facility

b.   Automotive services and sales

c.   Community uses (Hurstville Scout Hall)

d.   Funeral home

e.   Two (2) storey residential flat building on the corner of Roberts Lane and Forest Road (land zoned R2 Low Density Residential)

f.    Dwellings on Durham Street on land zoned IN2 Light Industrial

 

Description: G:\Maps for Cathy\PP-53-75 Forest Rd, 108-126 Durham St and 9 Roberts La, Hurstville_Aerial.jpg

Figure 2: Hurstville (shown in red outline)
(Source: Exponare, Georges River Council)

2.2    Surrounding Land

23.         The Site is currently located just outside the boundary of the Hurstville City Centre. Council at its Meeting held 3 July 2017 adopted a report and approved Hurstville Section 94 Development Contributions Plan (Amendment No. 2) to include Kempt Field, the Hurstville East Site (bounded by Forest Road, Durham Street and Roberts Lane) and the Bing Lee Site (being 108, 112 and 124 Forest Road) Hurstville into the Hurstville City Centre land application map.

 

24.         A summary of the surrounding land is provided below and shown in Figures 3 to 15:

 

a.   South: To the south, on the opposite side of Durham Street is a large mixed use development known as East Quarter which includes a number of mixed use buildings up to 19 storeys in height. The large open space area of Kempt Field (approx. 3 hectares) is also located opposite the site. Council at its meeting held 5 June 2017 endorsed the draft Kempt Field Plan of Management and accompanying Kempt Field Master Plan for public exhibition.

 

b.   West: On the other side of Forest Road is an area of land zoned B2 Local Centre featuring a range of commercial uses including a car dealership at the corner of Forest Road and Wright Street. Residential land on Wright Street and Hudson Street is a mix of R2 Low Density and R3 Medium Density Residential and is characterised by 1-2 storey dwelling houses and other low density residential development and 3 storey residential flat buildings respectively.

 

c.   North: A number of educational facilities are located to the north along Forest Road on land zoned SP2 Infrastructure. These include Hurstville Public School, Georges River College – Hurstville Boys Campus, Bethany College and Sydney Technical High School. There are also sites along Forest Road zoned B2 Local Centre which have recently been redeveloped with shops on the ground floor and generally 2 levels of residential apartments above.

 

d.   North/East: Land to the north and east along Lily Street, Cronulla Street and Botany Street is zoned R2 Low Density Residential. This area is predominantly characterised by 1-2 storey dwelling houses, with the rear yards of properties along Lily Street backing onto Roberts Lane.

 

 

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Figure 3: The site - taken from opposite the site at
99 Forest Street Hurstville

 

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Figure 4: The site - taken from 99 Forest Street Hurstville –
intersection of Forest Road/Durham Street, Hurstville

 

 

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Figure 5: The site - Forest Road, Hurstville

 

 

 

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Figure 6: The site – looking south to East Quarter
Forest Road, Hurstville

 

 

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Figure 7: The site – Forest Road, Hurstville

 

 

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Figure 8: The site – Forest Road, Hurstville

 

 

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Figure 9: part of the site – 53  Forest Road, Hurstville

 

Description: C:\Users\cmcmahon\Downloads\IMG_0051.JPG

Figure 10: New development to the north of the subject site
 – across Roberts Lane, Hurstville

 

 

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Figure 11: - Roberts Lane, Hurstville

 

Description: C:\Users\cmcmahon\Downloads\IMG_0058.JPG

Figure 12: - Part of the site - Industrial development facing
Roberts Lane, Hurstville

 

Description: C:\Users\cmcmahon\Downloads\IMG_0065.JPG

Figure 13: - Kempt Field opposite the site

 

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Figure 14: - The site – development along Durham Street

 

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Figure 15: - The Scout Hall

 

2.3    Site Background

25.         The Applicant’s Planning Proposal request (PP2015/0001) was lodged with Council on 12 June 2015. An offer to enter into a Voluntary Planning Agreement (VPA) was submitted on 27 November 2015 and subsequently withdrawn on 24 March 2016. A number of revised Planning Proposal documents have been provided since the initial lodgement. The latest revised Planning Proposal was received by Council on 2 June 2017.

 

26.         Table 2 provides a chronology of the events leading up the revised Planning Proposal which is the subject of this report.

 

 

Table 2 – Chronology of events with Planning Proposal PP2015/0001

 

Date

Details

 

15 May 2015

Meeting between Applicant and Council staff to discuss potential Planning Proposal.

 

9 June 2015

Letter sent to Applicant setting out areas to be further addressed prior to the lodgement of any Planning Proposal.

 

12 June 2015

Planning Proposal lodged (PP2015/001)

The Site was divided into Site A and Site B by the Applicant (generally based on land ownership) as shown in Figure 16 below.

The Planning Proposal (supported by Council 20/04/16) proposed:

•        B4 Mixed Use

•        increasing height from 9m and 10m to 60m (Site A) and 25m (Site B)

•        increasing FSR from 0.6:1 and 1:1 to 3.5:1 (Site A) and 1.5:1 (Site B) and a bonus FSR of 1.5:1 for “hotel or motel accommodation” on Site A.

 

Figure 16 – Sites A and B

 

 

Figure 17: Original Massing Diagram (Site A) provided by the Applicant showing Building A (18 storey – approx. 55m) and Buildings B and C both (19 storeys – approx. 60m) (Source: Urban Design Report, Dickson Rothschild, 29/02/16)

 

1 July 2015

Letter of acknowledgment sent to Applicant including details of further information required.

 

7 July 2015

Referral to Sydney Airport Authority.

 

16 July 2015

St George Design Review Panel (1st Meeting)

 

13 August 2015

 

Comments received from internal traffic referral

31 August 2015

 

Further information submitted by Applicant

22 September 2015

 

Independent consultants engaged to undertake traffic modelling for the subject Planning Proposal and other proposals in the Eastern Bookend precinct of the Hurstville City Centre

16 November 2015

 

Response provided from Sydney Airport Authority

19 November 2015

 

St George Design Review Panel (2nd Meeting) to consider further material provided in response to the 16 July 2015 meeting

26 November 2015

 

Offer to enter into Voluntary Planning Agreement submitted

8 December 2015

 

Independent Traffic Modelling work provided to the Applicant

8 January 2016

 

Meeting between Applicant and Council staff to discuss intention to provide revised plans

12 January 2016

 

Revised Urban Design Report submitted

19 January 2016

St George Design Review Panel (3rd Meeting)

21/01/2016

GMU provided advice on the Hurstville East site (“Indicative Concept Plan”, design principles and height and FSR recommendations) (refer Attachment 2). The design principles and recommendations in the GMU advice include:

·     FSR 2.3:1 based on GFA (with 75% efficiency) and floor areas and heights identified in the Indicative Concept Plan below. Distribution of heights can deliver an FSR of 2.3:1 to 2.5:1, depending on efficiency and uses within the development.

·     Recommended massing for the site includes maximum height of 13 storeys which equates to 41m (plus plant and roof features).

·     Tallest building form should be marking the corner of Durham Street and Forest Road.

·     Street to be addressed with a three (3) storey podium to relate to the existing podiums and lower scale surrounding the site.

·     Scale to the streets can be approx. seven (7) storeys with transition to lower scale through five (5) storeys on the eastern ends.

·     Eastern edge of the site is to be reopened to the existing low scale built form along Roberts Lane, therefore three (3) storeys is proposed.

·     Site has opportunity for through site links and a plaza that can be publicly accessible or partially closed to a private courtyard for residents and hotel visitors. It is to increase permeability of the site and link north (including school) with the open space and the station.

·     Recommended to provide retail and active uses on the ground level.

 

1 March 2016

Meeting between Applicant and Council staff - Revised Planning Proposal material submitted

 

3 March 2016

VPA Offer of 26 November 2015 re-submitted to Council

24 March 2016

 

VPA Offer withdrawn

20 April 2016

Council considered the Planning Proposal PP2015/0001 at its 20 April 2016 meeting.

Report Recommendation: subject to an appropriate mechanism being available to assist in addressing the road and traffic infrastructure demands and improvements within the City Centre generated by the future development of the site (ie Planning Agreement or s94 Contributions Plan amendment):

·     rezoning the site to B4 Mixed Use

·     increasing maximum building height to part 18m and part 40m and introduce a bonus height of 25m for development for “hotel or motel accommodation

·     increasing FSR to 2.5:1 and introduce a bonus FSR of 1.5:1 for “hotel or motel accommodation

·     introduce a minimum non-residential FSR of 0.5:1 for the site

The Report also recommended:

·     Prior to any post Gateway Public Exhibition, the Applicant prepare a contamination assessment report for the Site (in accordance with SEPP 55)

·     an amendment to the Hurstville s94 Plan to acknowledge the new B4 Mixed Use Zoning of the Site and the Site be included in the Hurstville City Centre boundary

·     An amendment to the Hurstville DCP No.2 – Hurstville City Centre to include the site within the City Centre boundary and include site specific provisions including (but not limited to) vehicle access points, building locations and form, landscaped areas, through site connections, active street frontages and building setbacks

 

Council Resolution:

·     support the recommended rezoning to B4 Mixed Use.

·     Increase the maximum height to 60m (Site A) and 25m (Site B)

·     Increase the maximum FSR to 3.5:1 (Site A) and 1.5:1 (Site B)

·     Introduce a bonus FSR of 1.5:1 for “hotel or motel accommodation” on Site A (8 lots identified)

·     Introduce a minimum non-residential FSR of 0.5:1 for the site

The Council also resolved:

·     Prior to any post Gateway Public Exhibition, the Applicant prepare a contamination assessment report for Site A (only) (in accordance with SEPP 55)

·     an amendment to the Hurstville s94 Plan to acknowledge the new B4 Mixed Use Zoning of the Site and the Site be included in the Hurstville City Centre boundary

·     That Council acknowledges that the floor space ratio of 3.5:1 is consistent with other developments in the immediate area. Council also commissioned a report by GMU Consultants on land across the road from this site (bounded by Hudson Street, Forest Road and Wright Street) recommending a floor space ratio of 3.6:1.

 

19 May 2016

Planning Proposal as amended by Council referred to the Department of Planning & Environment on 19 May 2016 requesting a Gateway Determination.

 

4 August 2016

Department of Planning & Environment returned the Planning Proposal to Council to consider density, contributions and road/traffic network matters and whether the proposal should be resubmitted for a Gateway determination.

 

The letter from the Department also states that: the Department's assessment shows that the proposed density increases are disproportionately distributed across the site. I would appreciate Council's advice as to the reasons for this recommended approach and why the urban design advice, which appears to better reflect the sites potential, was not followed.

 

ln addition, there are concerns that the proposed planning controls would not allow Council to fully incorporate the development potential of the site into its development contributions framework. This approach would make it difficult to address additional demands particularly on the road and traffic network in the City Centre that would be generated by the proposed development.

 

24 August 2016

Council officers met with representatives of the Applicant on 24 August 2016 to discuss the Department’s letter and the way forward.  At this meeting it was agreed that the Applicant would provide a response to the matters raised by the Department (refer above) and that this response would be included in a future report to both the Georges River Independent Hearing and Assessment Panel (“IHAP”) and Council.

 

30 August 2016

Council letter to applicant advising of the actions from the meeting held 24 August 2016.

 

28 September 2016

 

Response from Applicant providing a revised scheme and requesting a meeting.

17 October 2016

A response was received from the Applicant’s representatives on 28/09/16 which included an email response (D16/117379) and accompanying maps which showed:

·   B4 Mixed Use zone

·   Increase height to 60m (majority of the site) and 18m (Roberts Lane edge)

·   Increase FSR to 3.5:1 across the site with a bonus 1.5:1 for “hotel or motel accommodation” on the majority of the site and corresponding with the area with 60m height maximum

 

The Applicant noted that the response included new “design principles” based on Council’s assessment report and the GMU design and:

·   Tested the potential built form massing and scale on the site in relation to building separations, initial analysis of overshadowing with respect to surrounding development

·   Adopted new design principles for the site and reviewed potential building form mass and scale with surrounding development in the Hurstville City Centre (including East Quarter, Bing Lee site and recent approvals)

·   Reviewed the potential yield on the site as a result of potential built form massing and scale on the site in relation to building separations, initial analysis of overshadowing

·   Prepare urban design principles plan, amendment proposed height and FSR maps.

 

10 November 2016

Meeting held with Applicant and council Officers. The applicant is preparing a revised urban design response for the site - which is likely to result in an amended PP with an FSR and height somewhere between what the council officers previously recommended and what the Council resolved to adopt.

The applicant has also been advised that a VPA will now be required (pursuant to new Council Policy).

 

21 November 2016

Additional information lodged by applicant.

 

Figure 18: Extract from Landmark Square Massing Study (Dickson Rothschild, 17/10/16) received 21/11/16)

 

9 February 2017

 

St George Design Review Panel (4th Meeting)

1 March 2017

Meeting held with applicant. The meeting discussed the issues raised by DRP and they were advised: was advised that they need to demonstrate the following in the revised drawings which will be resubmitted to the DRP for comment:

·     How the tower building form is addressed in the proposed development standards

·     Hotel floorspace of 1:1 (how this will be used, viability of hotel)

·     Restrict bonus FSR to the corner/tower location

·     Include both bonus height and FSR controls for the hotel (only)

·     Concept within 1 week (ie 8-10 March) to go back to DRP

·     Provide example of 3.5:1 FSR (ie all mixed use/residential and no hotel)

Applicant noted contamination report coming

 

20 March 2017

 

Revised masterplan lodged for site.

23 March 2017

Meeting held with applicant to discuss the concerns with the amended design - there is no clear stepping of the design along Forest Street and no distinct elegant building at the corner of Forest & Durham. The interface with the residential areas along the laneway and to the north of the site is also important.

 

6 April 2017

St George Design Review Panel (5th Meeting). In response to all the issues raised the applicant presented a revised design showing the following:

·     Locates the tallest building on corner of Durham Street and Forest Road (65m height limit).

·     Three (3) storey scale built form to be located on Roberts Lane as a transition to adjacent lower scale development.

·     Lower scale development to be located along Forest Road and Durham Street stepping down from tallest tower (65m stepping to 40m and 21m and 12m at Roberts Lane).

·     Create through site links to allow for pedestrian connectivity to surrounding land uses while activating internal areas of site/proposed development.

·     Provide street activation through retail/ commercial uses around site to street on ground level.

·    

21/04/2017

draft VPA Heads of Agreement and offer for the Landmark Square Project lodged by applicant

2 June 2017 to 9 June 2017

 

Revised Planning Proposal and associated documentation lodged which is the subject of this report.

 

 

3.      PLANNING STRATEGIES, POLICIES AND CONTROLS

3.1    Existing Planning Controls

27.         The Hurstville LEP 2012 applies to the Site and the following provisions are relevant to the Planning Proposal:

 

28.         Land Zoning: The Site is zoned IN2 Light Industrial and part R2 Low Density Residential (one lot on the northern side of the Subject Site) as shown on the extract of the Land Zoning Map – Sheet LZN_008B below (Figure 19). 

 

Figure 19: Extract of Hurstville LEP 2012 – Land Zoning Map

 

29.         Height of Buildings: the Site has a maximum building height of 9m and 10m as shown on the extract of the Height of Buildings Map – Sheet HOB_008B below (Figure 20).

 

30.         The adjacent and surrounding land has a range of maximum building heights:

a.   9m west and north.

b.   9m to the east.

c.   30, 35 60 & 65m to the south.

Figure 20: Extract of Hurstville LEP 2012 – Height of Buildings Map

 

31.         Floor Space Ratio: the Site has a maximum floor space ratio of 0.6:1 and 1:1 as shown on the extract of the Floor Space Ratio Map – Sheet FSR_008B below (Figure 21). The adjacent and surrounding land has a range of maximum floor space ratios:

a.   1.5:1 to the west and north.

b.   0.6:1 to the east.

c.   3.5:1 to the south.

 

Figure 21: Extract of Hurstville LEP 2012 – Floor Space Ratio Map

 

32.         Active Street Frontage: part of the Forest Road frontage of the site is identified as Active Street Frontage as shown on the extract of the Active Street Frontage Map – Sheet ASF_008B below (Figure 22).

 

Figure 22: Extract of Hurstville LEP 2012 – Active Street Frontages Map

 

33.         Heritage: One heritage items is located within the site boundary, Hurstville Scout Hall (116 Durham Street). as shown on the extract of the Heritage Map – Sheet HER_008B below (Figure 23). Heritage items located in the vicinity of the site include the following:

a.   Item I36 – 76 Lily Street, Hurstville – California bungalow, and

b.   Item I28 – Hurstville Public School – 80 Forest Road Hurstville.

 

Figure 23: Extract of Hurstville LEP 2012 – Heritage Map

 

3.2    Strategic Planning Context

34.         The draft South District Plan (November 2016) and Towards our Greater Sydney 2056 (which will amend A Plan for Growing Sydney) were recently on public exhibition (ending 31 March 2017) and will apply to the Georges River Council area.

 

35.         Consideration of the Planning Proposal request in relation to the current plans and strategies (A Plan for Growing Sydney (Metropolitan Strategy) and draft South Subregional Strategy (2007) and the draft plans Towards our Greater Sydney 2056 and draft South District Plan is provided below.

 

A Plan for Growing Sydney (Metropolitan Strategy)

36.         The Planning Proposal is consistent with the aims of A Plan for Growing Sydney (Metropolitan Strategy) and achieves the following relevant Goals and Directions:

Goal 1: A competitive economy with world-class services and transport

·    Direction 1.7: Grow strategic centres – providing more jobs closer to home.

 

37.         The Planning Proposal, specifically the minimum non-residential floor space requirement, will contribute towards achieving this Direction through providing updated employment floorspace within the Hurstville Strategic Centre, on a site which benefits from its proximity to the commercial, retail and services within the Hurstville City Centre. This will also assist in delivering more investment and business activity, increase productivity and address the trend in the Hurstville City Centre of the dominance of residential development in the land use mix. It is noted that the site is located approximately 800m walking distance from the Hurstville Bus Interchange (Woodville Street) and 800m walking distance from the Hurstville Railway Station and 400m from the Allawah Railway Station, well within the walkable catchments.

 

38.         As noted in the Metropolitan Strategy “Locating jobs in around 30 to 40 large centres will provide greater benefits to the overall productivity of Sydney. Strategic centres are areas of intense, mixed economic and social activity that are built around the transport network and feature major public investment in services such as hospitals and education and sports facilities. Together, these centres form a network of transport-connected hubs that help to make Sydney a networked and multi-centred city.”

 

Goal 2: A city of housing choice, with homes that meet our needs and lifestyles

·    Direction 2.1: Accelerate housing supply across Sydney.

·    Direction 2.2: Accelerate urban renewal across Sydney – providing homes closer to jobs.

·    Direction 2.3: Improve housing choice to suit different needs and lifestyles.

 

39.         The Planning Proposal will provide approximately 440-480 new apartment dwellings based on the Planning Proposal request. The site is suitable for this increase in dwellings as it is located within the Hurstville Strategic Centre, close to jobs and service by public transport (Hurstville railway and bus interchange) with frequent services capable of moving large numbers of people. Housing choice to suit different needs and lifestyles will be provided with a range of apartment sizes to satisfy the apartment mix, objectives and design guidance of the Apartment Design Guide and SEPP 65 and the apartment size mix in the Hurstville DCP No.2 (Hurstville City Centre).

Goal 3: Sydney’s great places to live

·    Direction 3.3: Create healthy built environments.

 

40.         The Planning Proposal assists in encouraging healthy communities by creating mixed-use development that provides a convenient focus for daily activities and benefits from its proximity to the retail and services within the Hurstville City Centre. The location of the site in relation to public open space and recreation facilities (including Kempt Field) will also benefit future residents.

Sydney South Subregion

41.         In relation to the priorities of the South Subregion, the Planning Proposal provides housing supply and choice in a suitable location for housing intensification and urban renewal within the established Hurstville City Centre serviced by a key public transport corridor (Illawarra Line). The Planning Proposal addresses the Hurstville Strategic Centres priorities of providing capacity for additional mixed use development in Hurstville including offices, retail, services and housing.

 

42.         The Planning Proposal is also consistent with the “Planning Principles” for growth identified in the Metropolitan Strategy, including:

Principle 1: Increasing housing choice around all centres through urban renewal in established areas.

43.         The Proposal (increase in maximum building height and FSR) will increase housing opportunities within Hurstville City Centre (with an estimated 440-480 new residential apartments) and within walking distance from the Hurstville Station and Allawah Station and bus interchange and access to shops or services, travel to work or other centres and consequently will reduce car dependency. Increasing the variety of housing available will provide housing choice to suit different lifestyles, household sizes and affordability.

 

Principle 2: Stronger economic development in strategic centres and transport gateways.

 

44.         The proposal includes a minimum “non-residential” FSR of 0.5:1 which will equate to approximately 7023sqm of employment floor space and 5,260sqm hotel floor space. This could provide for approximately 400 jobs and based on the estimates provided in the Economic Impact Assessment submitted with the Planning Proposal request, addressing Principle 2 through locating jobs within the strategic centre of Hurstville, an important hub for business and employment and one of Sydney’s ‘transport gateways’ (refer consideration in Section 4.4).

Draft South Subregional Strategy (2007)

45.         The draft South Subregional Strategy (2007) includes key directions and strategies for economy and employment, centres and corridors and housing which are relevant to this Planning Proposal.

 

46.         In relation to economy and employment, the key relevant directions include:

a.   Retain strategic employment lands including those required for utilities and local services.

b.   Strengthen the commercial centre of Hurstville.

 

47.         In relation to centres and corridors, the key relevant directions include:

a.   Increase densities in centres whilst improving liveability.

b.   Ensure sufficient commercial office sites in strategic centres.

 

48.         In relation to housing, the key relevant directions include:

a.   Focus residential development around centres, town centres, villages and neighbourhood centres.

Draft Towards Our Greater Sydney 2056

49.         In relation to the draft Plan Towards Our Greater Sydney 2056, the draft Plan includes the following vision and Metropolitan priorities:

 

Vision

Metropolitan Priority

A productive Greater Sydney

A growing city

A city with smart jobs

A 30 minute city

A liveable Greater Sydney

An equitable, polycentric city

A city of housing choice and diversity

A collaborative city.

A sustainable Greater Sydney

A city in its landscape

An efficient city

A resilient city

 

50.         The Planning Proposal is not inconsistent with the Visions and Metropolitan Priorities of the draft Plan.

Draft South District Plan

51.         In relation to the draft South District Plan (November 2016) which proposes a 20-year vision for the South District, the following priorities and actions relevant to the Planning Proposal:

 

 

Priorities Relevant to the Planning Proposal

A Productive City

Planning for job target ranges for strategic and district centres

Growing economic activity in centres

Manage employment and urban services land across the District

Access to a greater number of jobs and services within 30 minutes

A Liveable City

Improve housing choice

Improve housing diversity and affordability

Create great places

Respond to people’s need for services

A Sustainable City

Creating an efficient South District

Integrate land use and transport planning to consider emergency evacuation needs

 

52.         The proposed height and FSR increases for the site in the Planning Proposal will increase housing availability and choice in the Hurstville City Centre, addressing a number of the priorities in relation to “A Liveable City”, information was provide with the Planning Proposal in relation to the economic, social, services and transport impacts to address the Proposal’s consistency with the three (3) visions and associated priorities in both the draft Plan Towards Our Greater Sydney 2056 and draft South District Plan.

Hurstville City Centre Master Plan (2004)

53.         The Hurstville City Centre Concept Master Plan (2004) includes the following key objectives relevant to the Planning Proposal:

 

a.   Consolidating Hurstville’s regional role.

b.   Improving pedestrian movement.

c.   Providing a framework by which improvements to infrastructure may be facilitated.

d.   Introducing a balanced approach to height and density.

 

54.         This site is adjacent to the Study Area and should be considered as Council at its Meeting held 3 July 2017 adopted a report and approved Hurstville Section 94 Development Contributions Plan (Amendment No. 2) to include Kempt Field, the Hurstville East Site (bounded by Forest Road, Durham Street and Roberts Lane) and the Bing Lee Site (being 108, 112 and 124 Forest Road) Hurstville into the Hurstville City Centre land application map.

 

55.         The Master Plan identifies the potential to provide more commercial and other job opportunities for its surrounding catchment population and the imbalance between new residential development and employment floorspace. It also identifies the advantages that the Hurstville CBD has in relation to commercial development:

a.   High rate of train usage on a well patronised line.

b.   1000 bus movements per day in the CBD.

c.   Strong retail, restaurant and food sectors.

d.   Excellent proximity to Sydney Airport, M5 and Port Botany.

e.   Large skilled workforce catchment in southern Sydney and the Illawarra.

 

56.         The Master Plan also identified the need to:

a.   Examine the viability of increased commercial development.

b.   Attract commercial development.

c.   Ensure employment opportunities are maximised.

d.   Ensure commercial development complements the new public infrastructure and facilities.

 

57.         These issues are still relevant for planning within the Hurstville City Centre.

 

Draft Employment Lands Study

58.         Council, at its meeting on 3 April 2017 considered a report on the draft Georges River Employment Lands Study (the draft Study) and resolved to publicly exhibit the draft Study.

 

59.         The subject site is known as the Hurstville Industrial – Hurstville East Precinct and comprises approximately 1.3 hectares. The Precinct provides employment for approximately 43 people within the 10,127m2 of gross floor area. The Precinct is located along Forest Road, Durham Street and Roberts Lane and is on the boundary of the Hurstville City Centre. Key land uses in the zone are car sales and auto related services, dry cleaners, funeral home, scout hall, storage facility, furniture and home improvements and a number of residential properties. Surrounding land uses include low and medium density residential, large open space area of Kempt Field and retail and office uses along Forest Road within the Hurstville City Centre.

 

60.         The area is well serviced by transport, walking distance from both Allawah and Hurstville railway stations (350 and 900 metres respectively).

 

61.         The draft Study identified low-medium demand for office uses, noting that the potential exists for a small amount of office space to support the industrial uses. Retail demand was also identified in that the site offers good exposure from Forest Road. Industrial use was also identified as low-medium in the draft Study, noting that the potential exists for intensification of the industrial uses however demand is most likely to come from services that satisfy the local community.

 

62.         The Study considers it likely that regional level industrial and logistics users will continue to locate primarily in northwest and southwest Sydney. Also considering its proximity to the CBD it would likely be costly for continued use as industrial opposed to an alternate use. The draft Study identified residential use as medium-high, noting that the Precinct shares characteristics with Hurstville East Forest Road including proximity to the railway station and the CBD. However, the Precinct also has greater potential due to larger landholdings, which would prove more viable. It is noted that there has already been significant supply of residential in the immediate vicinity which may lessen demand to a degree.

 

63.         The draft Study considered the strengths of the Area to include:

a.   Relatively high employment land efficiency (0.83:1)

b.   Proximity to Hurstville and Allawah railway stations

c.   Proximity to Hurstville City Centre

d.   Accessibility via Forest Road

 

64.         The draft Study considered the opportunities of the Area to include the potential redevelopment for more employment intensive uses, benefiting from proximity to the Hurstville City Centre.

 

65.         The draft Study makes the following draft recommendation for the Hurstville Industrial – Hurstville East Precinct:

 

a.   Rezone the Precinct from IN2 – Light Industrial and No 53 Forest Road from R2 – Low Density Residential to B4 – Mixed Use zone

b.   Implement a minimum non-residential floor space ratio (FSR) of 0.5:1 and ensure that non-residential floor space is provided at the ground floor to encourage street activation which promotes vibrancy in the centre, as well as continued employment opportunities

c.   That a further review be undertaken with respect to the height and FSR in the context of the adjoining development

 

Hurstville Transport Management and Accessibility Plan (TMAP)

66.         During the development of planning controls for the Hurstville City Centre, Council was required to undertake a Transport Management and Accessibility Plan (TMAP) exercise in response to the amount of floor space (1,141,000m2) contained in the draft City Centre LEP, the potential accessibility and infrastructure implications and inconsistency with s.117 Direction 3.4 Integrating Land Use and Transport.

 

67.         The purpose of the TMAP was to recommend the amount of additional GFA which can be developed in the Hurstville City Centre while giving consideration to potential accessibility and infrastructure implications.

 

68.         The TMAP adopted by Council in June 2013 recommended a potential to develop 363,000m2 additional GFA resulting in a total of approximately 861,354m2 in the City Centre by 2036. A level of inconsistency with s.117 Direction 3.4 currently exists because the total GFA allowed for by the planning controls adopted in the City Centre is 1,091,000m2 which is 229,646m2 more than recommended in the TMAP. The TMAP was adopted by Council in June 2013 and informed the finalisation of planning controls for the Hurstville City Centre which were incorporated into Hurstville LEP 2012 on 10 July 2015.

 

69.         The TMAP provides a number of key recommendations for road and traffic infrastructure in the City Centre. In particular it recommends policies with “road infrastructure improvements which are targeted at increasing road capacity on rail crossing and network reliability on both regional roads and city centre access routes” (RN1).

 

70.         Hurstville City Centre Action Plan (Table 52) in the TMAP report provides a list of road network and intersection improvements along with other transport and land use works and actions required in the short, medium and long term to support the future planning of the City Centre and to provide an efficient road network. 

 

71.         The TMAP states that the road and traffic works will need to be funded by a mix of sources including State Government funding, Section 94 and VPAs. It states that “private sector funding for land use development will play a critical role in delivering the bulk of the Action Plan in partnership with local Councils. “Developers will contribute to the cost of transport infrastructure provision through value or cost-sharing mechanisms..”. Consideration of the consistency of the Planning Proposal with the TMAP is provided in Section 4.3 below.

 

72.         Planning Agreements are the key mechanism available to Council to ensure developments assist in contributing towards road and traffic infrastructure upgrades in the City Centre.

 

Hurstville Development Control Plan No.2 (Hurstville City Centre)

73.         The revised Planning Proposal includes reference to the preparation of site specific provisions in the Hurstville DCP 2 – Hurstville City Centre to reflect design considerations for the site including vehicle access points, building locations and form and the amount and location of open space, landscaped, deep soil areas, road widening and through site links. This draft DCP Amendment would be prepared if Gateway Approval is received from the Department of Planning and Environment.

 

Hurstville Section 94 Development Contributions Plan 2012

74.         The Hurstville Section 94 Development Contributions Plan 2012 (Section 94 Plan) applies to all land in the Hurstville LGA and includes specific provisions which levy development in the Hurstville City Centre for non-residential floor space (public domain improvements in the City Centre) and deficient car parking spaces. These provisions will apply to development on the Site which is located within the boundaries of the Hurstville City Centre. The Section 94 Plan also includes levies for residential development.

 

Offer to Enter into a Planning Agreement

75.         Heads of Agreement to enter into a voluntary planning agreement have been signed by the Director of One Capital on Friday 7 July 2017.  The offer includes:

a.   A monetary contribution to be used at Council's discretion for public works, including any public utilities, public domain and public road infrastructure in the amount of $7,375,878.00.

b.   The Developer will construct and dedicate at no cost to Council a 3m strip of land dedication land adjoining the Developers Land and Robert's Lane prior to the earlier of the issue of the first subdivision certificate or the issue of the first occupation certificate for building C as referenced in the Planning Proposal. The widened Robert's Lane shall be constructed in accordance with Council's Standards and requirements. The estimated value of the land being dedicated and the road widening works is $514,122.00.

c.   The Developer will register an easement to Council to enable public access through the site upon prior to the issue of an occupation certificate which authorises the occupation and use of 75% or more of the development on the Developer’s land.

 

76.         These contributions and public benefits are over and above the section 94 contributions that would be payable for the proposed development.

 

77.         The Offer to enter into a Planning Agreement will be considered in a separate report to Georges River Council. The report will assess the Offer in relation to the legislation and Council’s Policy on Planning Agreements.

 

SJB Urban design study for Hurstville City Centre

78.         The site is outside the Study Area of the SJB’s Urban Design Study for the Hurstville City Centre.

 

 

4.      APPLICANT’S PLANNING PROPOSAL REQUEST

4.1    Summary of Planning Proposal Request

79.         A revised Planning Proposal request was submitted on 2 June 2017 and included the following amended documents which form the basis of the Planning Proposal request being considered in this report:

 

a.   Planning Proposal Report (refer to Attachment 3)

b.   Appendix 1 – Urban Design report (refer to Attachment 4)

c.   Appendix 2 – Economic Report (refer to Attachment 5)

d.   Appendix 3 – Social Impact Assessment (refer to Attachment 6)

e.   Appendix 4 – Hotel demand assessment (refer to Attachment 7)

f.    Appendix 5 – Traffic Transport Impact Assessment (refer to Attachment 8)

g.   Appendix 6 – Heritage Impact assessment (refer to Attachment 9)

h.   Appendix 7 – Stage 1 Contamination (refer to Attachment 10)

i.    Appendix 8 – Detailed Site Investigation (refer to Attachment 11)

 

80.         The revised Planning Proposal request proposes the following amendments to the Hurstville LEP 2012 in relation to the Site:

 

a.   Amend Land Zoning Map – Sheet LZN_008B to rezone the site from IN2 Light Industrial and part R2 Low Density Residential to B4 Mixed Use,

b.   Amend the Floor Space ratio Map – Sheet FSR_008B to increase the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the reminder of the site.

c.   Include a FSR requirement of 0.5:1 for non-residential uses.

d.   Amend the Height of Buildings Map – Sheet HOB_008B to increase the maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the site.

e.   Amend the Active Street Frontages Map - Sheet ASF_008B to show an active street frontage along the Forest Road and Durham Street edges.

f.    Amend the instrument to include a hotel incentive 0.5:1 for the hotel accommodation land uses for that portion of the site on the corner of Forest Road and Durham Street.

 

81.         The revised Planning Proposal request still breaks the site into two parts – A and B (refer to Figure 24).

 

 

Figure 24: Extract of Planning Proposal Request (June 2017)

 

82.         The development has the following statistics:

 

Table 3 – Development Statistics

 

Site A – 10,520m2

Landuse

FSR

GFA (sqm)

Hotel

0.5

5,260

Residential

3.0

31,560

Retail

0.5

5,260

Total

4:1

42,080

Site B – 3,526m2

Landuse

FSR

GFA

Hotel

0

0

Residential

1.5

5,289

Retail

0.5

1763

Total

2:1

7052

Combined Site

Total

Site Area

14,046

 

Hotel

5,260

 

Residential

36,849

 

retail

7023

 

FSR

3.5:1

 

83.         Figure 25 indicates the proposed building and their heights as set out on the site.

 

Figure 25: Extract of Planning Proposal Request (June 2017)

 

84.         In summary, the revised Planning Proposal request anticipates that the development resulting from the changes to the maximum building height (range of heights of 12m along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the site) and maximum floor space ratio of 3.1 (including a ‘non-residential’ minimum FSR of 0.5:1) and bonus 0.5:1 for hotel accommodation would yield:

 

a.   440-480 residential apartments (approx.) with a mix of 1, 2 and 3 bedroom dwellings.

b.   7023m2 commercial offices and ground floor retail

c.   110-130 room hotel

d.   Publicly accessible open space (approx. 3000m2).

e.   Public through site link.

f.    Public domain improvements.

g.   Basement parking (670 car spaces) associated with the development.

h.   Road widening along the Roberts Lane frontage of 3m.

i.    Soho units along Roberts Lane in a 3 storey element 18m wide.

 

85.         One Capital Pty Ltd have an interest in the following allotments (refer to Figure 26 below):

·    Lot 1 in DP.225302,

·    Lot 100 & 101 in DP.776275,

·    Lot 10 in DP.621395, and

·    Lot 1, 2, 3 & 4 in DP.12517.

 

Figure 26: Allotments highlighted in yellow under One Capital Pty Ltd interest

 

86.         Given the that the land is not in one ownership and the offer that has finally been agreed to by Council and the proponent only relates to the land that is under the interest of One Capital (refer to Figure 26 above) the DCP for the site will need to address:

a.   The road widening along Robert’s Lane (3m in width for the length of the laneway).

b.   The provision of all of the site through links.

 

87.         A development control plan (DCP) is required to be prepared at the proponents costs for the whole site. This DCP will need to address site through links and the road widening of land not under the control of One Capital.

 

4.3 Traffic and Transport Analysis

88.         The Traffic Transport Assessment (refer to Attachment 8) lodged by the applicant concludes:

 

a.   The proposed rezoning of the aligns with relevant planning principles set by the Hurstville City Centre TMAP and includes:

 

i. Does not impact on the potential future growth of the city centre commercial core, which is reserved to accommodate the majority of planned increases in employment within Hurstville LGA

ii.  Promotes and supports use of public and active transport modes for travel and helps the city centre achieve the recommended mode share targets

iii. Aligns and is able to adopt travel demand measures via reduced parking provision and the inclusion of cycling facilities, which will help manage car generated travel demand from the site and its impact on the surrounding city centre road network.

 

b.   The site is located on the edge of the Hurstville City Centre and offers good levels of access to retail, community facilities, educational services, public transport and recreation facilities, including Kempt Field and Allawah Railway Station.

 

c.   Traffic generation is minimised through the adoption of a high density mixed use (predominantly residential) development in proximity of Hurstville City Centre and strategic high quality transport nodes.

 

d.   The site is located within the Eastern Bookend Precinct and supports the adoption of new lower parking provision rates set within the draft DCP No.2.

 

e.   Based on the parking rates specified within Draft DCP No. 2, parking should comprise of 764 off street car parking spaces. Off-street parking design – All off-street car parking will be designed in accordance with Council DCP and Australian Standards at the DA stage. The bicycle parking rates specified in the Draft DCP No. 2 have been adopted with a proposed bicycle parking allocation of 150 resident bicycle spaces and 19 retail bicycle spaces. The location of a secure accessible area together with end of trip facilities will be provided at the DA stage.

 

f.    Development access – Development access is proposed via Roberts Lane and Durham Street. Access points will be designed to minimise conflict, improve safety and legibility, and maximise internal circulation. Development access design – All access points will be designed in accordance with Australian Standards and the final location of access points will be determined at the DA stage.

 

g.   The consolidation of access points along both Durham Street and Roberts Lane will provide for the inclusion of additional time controlled on-street parking provision. It will also formalise access to the precinct and ensure that access points are controlled and legible for all users of the surrounding transport network. The consolidation of access points will also help to reduce the number of existing conflict points for pedestrians and cyclists.

 

h.   The estimated traffic generation for the proposed rezoning of the site for the Landmark Square Precinct consists of:

 

i. 174 trips (80 inbound and 94 outbound) in the AM peak

ii.  273 trips (178 inbound and 95 outbound) in the PM peak

 

i.    The SIDRA assessment confirms the findings of the previous Traffic and Transport Impact Assessment. All intersections performed satisfactorily in all scenarios, assuming that:

 

i. On-street parking arrangement restrictions at the Lily Street / Durham Street intersection are implemented during peak hours.

ii.  The existing intersection of Forest Road / Durham Street / Wright Street is signalised as per an RMS upgrade proposal.

iii. A roundabout is provided at the Durham Street / Landmark Square Access / East Quarter intersection as per an RMS proposal.

 

j.    The assessment indicates that all proposed future developments in the eastern section of Hurstville CBD, including Landmark Square can be accommodated.

 

k.   It is anticipated that all future developments should contribute to road network upgrades surrounding the Hurstville CBD.

 

4.4 Economic Analysis

89.         The revised Planning Proposal is accompanied by two economic assessments as follows:

 

a.   Hotel demand assessment prepared by HillPDA dated 23 May 2017 (refer to Attachment 7) which concludes that the potential for a hotel on the subject site is strong reflecting the following factors:

 

i. Modest growth in domestic tourism;

ii.  Strong growth in international tourism, particularly from China;

iii. Declining Australian dollar which makes Australia more price competitive for international tourists;

iv. Strong growth in the number of tourists staying in hotels and hotel night stays across Sydney;

v.  Strong hotel performance as measured by occupancy rates;

vi. A rise in room rates and an overall improvement in the feasibility of hotels; and

vii.          Recognition of Hurstville as a viable and more price competitive option to Sydney CBD, but with strong locational attributes including express train services, a major regional Westfield shopping centre and an established Chinatown.

 

b.   Economic Report prepared by HillPDA dated June 2015 (refer to Attachment 5). The assessment concludes (at page 35) that the Planning Proposal would generate additional economic activity (+$791m) and jobs (+2,219 job years directly and indirectly) during the period of construction and stimulate investment in the locality.

 

On page 37 it concludes: There are considerable economic benefits from amending the zoning on the Subject Site. The Planning Proposal would help to meet very strong demand for housing in the area and provide additional employment generating uses. The prevalent market conditions support the proposal and it would be consistent with current development activity in Hurstville.

There are some long term impacts of continuing this trend in development especially in regards to the contraction of the Hurstville industrial market. However give the Subject Site's proximity to the transport hub, schools and amenities, a mixed use development would be more appropriate for that location than industrial uses. Moreover the mixed use development and hotel would create additional demand for retail and business services which would help to support the viability of the identified major centre. The capture of tourism expenditure will benefit the locality considerably.

 

4.5 Urban Design Analysis & the St George Design Review Panel

90.         The concept plan that supports the revised Planning Proposal request lodged in June 2017 was considered by the St George Design Review Panel (“DRP”) on 6 April 2017 and the proposed maximum FSR and the range of building heights included in this revision was generally supported. A copy of the Minutes of the St George Review panel is attachment – Refer to Attachment 1.

 

91.         The DRP supported the Planning Proposal subject to a detailed design at DA stage which is to be the subject of a further DRP Meeting upon lodgement of a DA.

 

92.         A summary of the comments and issues raised by the DRP in relation to the nine (9) Design Quality Principles, as detailed in the St George DRP Minutes along with Council’s comments in response to the issues is included in Attachment 12.

 

5.      THE PLANNING PROPOSAL

93.         The Planning Proposal has been assessed under the relevant sections of the Environmental Planning and Assessment Act 1979 and Regulation 2000 and against the following advisory documents prepared by the Department of Planning and Environment:

 

a.   ‘A guide to preparing planning proposals” (August 2016)

b.   “A guide to preparing local environmental plans” (August 2016).

 

94.         The assessment report in accordance with the Department of Planning and Environment “Guides” is included as Attachment 13

 

95.         The objective of the Planning Proposal is to amend the Hurstville LEP 2012 by:

a.   Changing of land use zoning from IN2 Light Industrial and part R2 Low Density Residential to B4 Mixed Use,

b.   Amending the Floor Space Ratio Map to increase the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the reminder of the site (including a minimum commercial FSR of 0.5:1).

c.   Amending the Height of Buildings Map to increase the maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the site.

d.   Amending the Active Street Frontages Map to apply an active street frontage along Forest Road and Durham Street frontages of the site.

e.   Providing for a Hotel incentive 0.5:1 for the hotel accommodation land uses for that portion of the site on the corner of Forest Road and Durham Street.

 

96.         The intended outcomes of the Planning Proposal are to permit a mixed use development on the site  which provides for:

a.   Between 440 and 480 residential units across the site, which are located within buildings of 3 storeys up to 19-20 storeys.

b.   Seven (7) level hotel containing between 110-130 rooms (approx. 5,260sqm) located on Ground Level and Levels 1 to 6 within the corner building (Building A).

c.   Ground level retail uses along Forest Road, Durham Street and internal.

d.   Central area of communal open space of approximately 3000m2.

e.   Through site connections linking Durham Street and Forest Road.

f.    Provision of 670 carparking spaces.

 

Justification for Hotel/Motel Accommodation

97.         The Planning Proposal seeks a bonus FSR of 0.5:1 on Area 1 for hotel or motel accommodation. Refer to Figure 29 below for the location of Area 1 on the site.

 

98.         The hotel/motel bonus FSR has been included in the Planning Proposal since its lodgement. It was originally proposed at a FSR Bonus of 1.5:1. This bonus was supported by the previous Council at its meeting held 20 April 2016.

 

99.         The proponent was requested to justify the FSR bonus and this was consequently settled at a FSR of 0.5:1. This allows for seven (7) level hotel containing between 110-130 rooms. Please refer to Section 4.4 of this report for the economic justification.

 

100.       The hotel/motel bonus of 0.5:1 along with the required minimum non-residential FSR of 0.5:1 will ensure that there is a minimum FSR  of 1:1 for employment related uses on the site.

 

Changes Proposed

101.       The changes to the LEP maps are outlined in the following Figures 27 to 30.

Figure 27 – Proposed B4 Mixed Use

 

Figure 28 – Proposed Height Map - heights of 12m along Roberts Lane
and to 21m, 28m 30m, 40m and 65m

 

102.       The following table – Table 4 – indicates that the heights in the Masterplan lodged with the revised Planning Proposal correspond with the proposed heights in the amended LEP maps.

 

Table 4 – Explanation of heights and Storeys

 

 

Storeys

Proposed LEP height

DCP No. 2 – Hurstville City Centre – Section 5.3

Proposed height acceptable in terms of storey component

Building A

Up to 19 storeys

65m

17 storeys

Yes

Building B1

5 storeys

12m & 21m

5.6 storeys

Yes

Building B2

10 storeys

40m

10.6 storeys

Yes

Building C

3 storeys along Roberts land

5 Storeys behind

12m & 21m

5.6 storeys

yes

Building D

3 storeys along Roberts lane & at corner with Durham Street

7 storeys behind

12m & 28m

7.5

Yes

Note – based on Scenario 2 (1 retail plus remaining residential) 15m is equal to 4 storeys from Page 65 of DCP No. 2 Hurstville City centre (Amendment No. 6) effective 24/7/2015

 

 

Figure 29 - FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the reminder of the site (including a minimum commercial FSR of 0.5:1)

Figure 30 – Proposed Active Street Frontage Map

 

Community Consultation

103.       Should the Planning Proposal be supported it will be forwarded to the NSW Department of Planning and Environment requesting a Gateway Determination.

 

104.       If a Gateway Determination (Approval) is issued, and subject to its conditions, it is anticipated that the Planning Proposal will be exhibited for a period of 28 days in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 and Regulation, 2000 and any requirements of the Gateway Determination.

 

105.       Exhibition material, including explanatory information, land to which the Planning Proposal applies, description of the objectives and intended outcomes, copy of the Planning Proposal and relevant maps will be available for viewing during the exhibition period on Council’s website and hard copies available at Council offices and libraries.

 

106.       Notification of the public exhibition will be through:

·    Newspaper advertisement in The St George and Sutherland Shire Leader;

·    Exhibition notice on Council’s website;

·    Notices in Council offices and libraries;

·    Letters to State and Commonwealth Government agencies identified in the Gateway Determination; and

·    Letters to adjoining landowners (in accordance with Council’s Notification Procedures).

 

107.       The anticipated project timeline for completion of the Planning Proposal is shown below:

 

Task

Anticipated Timeframe

Lodgement of Planning Proposal request

12/06/2015

Lodgement of Revised Planning Proposal request

2/6/2017

Reporting to Georges River IHAP on Planning Proposal

20/07/2017

Reporting to Council on Planning Proposal

06/08/2017

Anticipated commencement date (date of Gateway determination)

01/11/2017

Anticipated timeframe for the completion of technical information (if required)

31/03/2018

Timeframe for government agency consultation (pre and post exhibition as required by Gateway determination)

30/04/2018

Commencement and completion dates for community consultation period

July to August 2018

Dates for public hearing (if required)

TBA

Timeframe for consideration of submissions

August/September 2018

Reporting to Georges River IHAP on community consultation

October 2018

Reporting to Council on community consultation and finalisation

November 2018

Submission to the Department to finalise the LEP

December 2018

Anticipated date for notification.

January 2019

 

108.       It is noted that the project timeline will be assessed by the Department of Planning and Environment and may be amended by the Gateway Determination.

 

SUMMARY OF ASSESSMENT / CONCLUSION

109.       In summary, the Planning Proposal seeks to amend the Hurstville Local Environmental Plan 2012 (“LEP 2012”) in relation to the site bounded by Forest Road, Durham Street and Roberts Lane, Hurstville (the “Hurstville East” site) to:

 

a.   Change of land use zoning from IN2 Light Industrial and part R2 Low Density Residential to B4 Mixed Use,

b.   Amend the Floor Space Ratio Map to increase the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the reminder of the site (including a minimum commercial FSR of 0.5:1).

c.   Amend the Height of Buildings Map to increase the maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the site.

d.   Amend the Active Street Frontages Map to apply an active street frontage along Forest Road and Durham Street frontages of the site

e.   Hotel incentive 0.5:1 for the hotel accommodation land uses for that portion of the site on the corner of Forest Road and Durham Street.

 

110.       It is recommended that the IHAP support the request.

 

111.       The key reasons for support include that the proposed increases to the development standards will facilitate future development of the highly accessible site within the Hurstville City Centre, including:

 

a.   Residential accommodation (440-480 approximately apartments) within close proximity to the retail and other facilities within the Hurstville City Centre and excellent public transport options;

b.   Non-residential floorspace of approximately 7023m2 sqm which will provide for employment opportunities within the Hurstville City Centre, equating to approximately 400 jobs;

c.   Urban design analysis and requirements through an amendment to the Hurstville (City Centre) DCP No.2 which will address a range of issues identified by the St George DRP in relation to future development’s consistency with SEPP 65 – Design Quality of Residential Apartment Development.

NEXT STEPS

112.       The Planning Proposal, along with a report on the Planning Agreement for the site, will be considered at a future Georges River Council meeting (“the relevant planning authority”) for consideration, including the IHAP recommendations. If the Planning Proposal is endorsed by Council it will be forwarded to the delegate of The Greater Sydney Commission for a Gateway Determination under section 56 of the Environmental Planning and Assessment Act 1979.

 

113.       If Council resolves not to support the Planning Proposal, the Applicant has the opportunity to request a pre-Gateway Review by the Greater Sydney Commission. An applicant has 40 days from the date of notification of Council’s decision to request a review.

 

TRIM FILE

15/793

 

 

 

 

ATTACHMENTS

Attachment View1

Design Review Panel Minutes dated 6 April 2017 - 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

Attachment View2

Appendix 4.2 - Extract - Independent Urban Design Analysis - GM Urban Design and Architecture (GMU)

Attachment View3

Planning Proposal Report Hurstville East (Landmark) June 2017

Attachment View4

Appendix 1 - Landmark Square Planning Proposal Urban Design Report June 2017(2)

Attachment View5

Appendix 2 - Landmark Square EIA June 2017(2)

Attachment View6

Appendix 3 - Landmark Square Social Impact Assessment Report June 2017(2)

Attachment View7

Appendix 4 -  Landmark Square Hotel Demand Assessment(2)

Attachment View8

Appendix 5 - Landmark Square Traffic and Transport Impact Assessment(2)

Attachment View9

Appendix 6 - Landmark Square Heritage Impact Assessment(2)

Attachment View10

Appendix 7 - Landmark Square Stage 1 Contamination Report(2)

Attachment View11

Appendix 8 - Detailed Site Investigation_Landmark Square Hurstville(2)

Attachment View12

Attachment to IHAP Report - Council comments on Design Quality Principles

Attachment View13

Attachment to IHAP Report - Planning Proposal for Gateway - Landmark

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 1]           Design Review Panel Minutes dated 6 April 2017 - 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

 

 

Page 147

 


 


 


 


 


 


 


 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 2]           Appendix 4.2 - Extract - Independent Urban Design Analysis - GM Urban Design and Architecture (GMU)

 

 

Page 154

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 3]           Planning Proposal Report Hurstville East (Landmark) June 2017

 

 

Page 156

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 4]           Appendix 1 - Landmark Square Planning Proposal Urban Design Report June 2017(2)

 

 

Page 225

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 5]           Appendix 2 - Landmark Square EIA June 2017(2)

 

 

Page 288

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 6]           Appendix 3 - Landmark Square Social Impact Assessment Report June 2017(2)

 

 

Page 327

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 7]           Appendix 4 -  Landmark Square Hotel Demand Assessment(2)

 

 

Page 384

 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 8]           Appendix 5 - Landmark Square Traffic and Transport Impact Assessment(2)

 

 

Page 395

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 8]           Appendix 5 - Landmark Square Traffic and Transport Impact Assessment(2)

 

 

Page 441

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 8]           Appendix 5 - Landmark Square Traffic and Transport Impact Assessment(2)

 

 

Page 443

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 8]           Appendix 5 - Landmark Square Traffic and Transport Impact Assessment(2)

 

 

Page 467

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 8]           Appendix 5 - Landmark Square Traffic and Transport Impact Assessment(2)

 

 

Page 469

 


 


 


 


 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 8]           Appendix 5 - Landmark Square Traffic and Transport Impact Assessment(2)

 

 

Page 474

 


 


 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 20 July 2017

3.3                           Planning Proposal 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane Hurstville

[Appendix 8]           Appendix 5 - Landmark Square Traffic and Transport Impact Assessment(2)

 

 

Page 477

 


 


 

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