AGENDA - IHAP

Meeting:

Georges River Independent Hearing Assessment Panel (IHAP)

Date:

Thursday, 21 September 2017

Time:

4.00pm

Venue:

Council Chambers, Georges River Civic Centre

Participants:

Adam Seton (Chairperson)

Gabrielle Morrish (Panel Member)

Paul Vergotis (Panel Member)

Chris Young (Community Representative)

Additional Invitees:

Meryl Bishop (Director Environment and Planning

Laura Locke (Acting Manager Development and Building)

Rita Vella (Acting Manager Strategic Planning)

Cathy Mercer (Team Leader Administration)

Monica Wernej (Admin Assistant)

 

   1. On Site Inspections - 1.00pm –  3.30pm

a)    84D Roberts Avenue Mortdale

b)   26 Llewellyn Street Oatley

c)    18 Carlton Crescent Kogarah Bay

d)   73 Vista Street Sans Souci

e)    27-29 Andover Street Carlton

 

 

 

 

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

DA2017/119

27-29 Andover Street Carlton

New residential flat building new demolition

3.2

DA2016/279

18 Carlton Crescent Kogarah Bay

Demolition of existing structures and construction of a multi-level dwelling, swimming pool and seawall

3.3

DA2016/0192

26 Llewellyn Street Oatley

Boundary adjustment to approved subdivision and construction of attached dual occupancy on battleaxe lot

3.4

PP2017/0001

84D Roberts Avenue Mortdale

Planning Proposal to permit the uses of retail premises, bulky goods premises and child care centres by way of a Schedule 1 amendment to the Hurstville Local Environmental Plan 2012

3.5

 PP17/42

73 Vista Street Sans Souci

The Planning Proposal seeks to amend the Kogarah Local Environmental Plan 2012 Land Use Zone, Foreshore Building Line development controls and insert an additional permitted use for Seniors Housing by way of Schedule 1 with increased maximum permissible building height and floor space ratio specifically relating to 73 Vista Street, Sans Souci

 

 

 

 

 

4. Confirmation of Minutes by Chair


Georges River Council – Independent Hearing and Assessment Panel Thursday, 21 September 2017

Page 3

 

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 21 September 2017

 

IHAP Report No

3.1

Application No

DA2017/119

Site Address & Ward Locality

27-29 Andover Street Carlton

Kogarah Bay Ward

Proposal

New residential flat building new demolition

Report Author/s

Independent Assessment, Consultant Planner

Owners

David and Cathryn Mueller and Bernard and Renee Moroz

Applicant

David Mueller

Zoning

 Zone R3 - Medium Density Residential

Date Of Lodgement

8/06/2017

Submissions

Eight (8) submissions were received

Cost of Works

$7,039,972.00

Reason for Referral to IHAP

 Site is partially owned by staff member

 

 

Recommendation

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

 

 

 

Site Plan

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Executive Summary

 

Proposal

 

1.           The proposed development seeks approval for demolition of existing structures, site consolidation and construction of a 5-storey residential flat building containing 20 x dwellings and basement parking on the site at 27-29 Andover Street, Carlton.

 

2.           The proposed building features 18 x 3-bedroom dwellings and 2 x 2-bedroom dwellings and rooftop communal open space area. Access to the basement parking is proposed from Andover Street.

 

Site and Locality

 

3.           The subject site is legally identified as Lots 4-5 DP2818, commonly known as 27-29 Andover Street, Carlton. The site is located at the south corner of the intersection of Andover Street and Balfour Street, and is bounded by Andover Lane to the rear.

 

4.           The site rectangular in shape and has a total site area of 1,210sqm. The site has frontages of 26.82m to Cross Street and Andover Lane, and 45.11m to Balfour Street. The site comprises two existing residential allotments, each containing a detached dwelling house. The site slopes moderately from the rear down to Andover Street.

 

5.           The site is in an area undergoing a transition from low to medium density residential development due to the recent rezoning associated with the Kogarah New City Plan. The existing surrounding context is characterised by medium density residential development to the north and low density residential development to the south, but it is anticipated that the remainder of Andover Street to the south will redevelop as medium density residential given the recent rezoning.

 

6.           Adjoining development includes a detached dwelling house to the south. Residential flat buildings (2-3 storeys) are located opposite the site across Andover Street and Balfour Street, and a detached dwelling house is located across Andover Lane.

 

7.           The Eastern Suburbs/Illawarra train line runs east-west approximately 300m north of the site, with Carlton and Allawah train stations less than 700m from the site to the northeast and northwest, respectively.

 

Zoning and Permissibility

 

8.           The site is zoned R3 – Medium Density Residential. The development meets the objectives of the zone and is permissible development with consent.

 

Clause 4.6 variation – height

 

9.           The development seeks a variation to Clause 4.3 Height of Buildings for the lift overrun and a portion of the roof eave, up to a maximum 1.5m or 7.5% variation. The applicant has submitted a written request seeking to justify the contravention of the height standard, and the request is supported.

 

Submissions

 

10.         A total of eight (8) submissions were received raising a number of issues which have been discussed in detail in this report. Key issues raised include privacy impacts, overshadowing, traffic and parking, local wildlife impacts and heritage impacts.

 

Conclusion

11.         The application seeks approval for demolition of existing structures, site consolidation and construction of a 5-storey residential flat building containing 20 x dwellings and basement parking on the site at 27-29 Andover Street, Carlton. The proposed development has been assessed against the requirements of the relevant environmental planning instruments and development control plan and generally complies, with sufficient justification provided for any variations. The environmental impacts of the development have also been assessed and have been found to be minor and manageable.

 

Report in Full

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Figure 1: Subject Site

 

Compliance and Assessment

 

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

 

Environmental Planning Instruments

 

Kogarah Local Environmental Plan 2012

 

13.         The extent to which the proposed development complies with the Kogarah Local Environmental Plan (KLEP) 2012 is detailed and discussed in the table below:

 

Clause

Standard

Proposed

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

The development is consistent with the aims of the plan.

Yes

1.4 - Definitions

“Residential flat building”

The proposed development meets definitions.

Yes

2.3 - Zone objectives and Land Use Table

Site is zoned R3 Medium Density Residential (refer to Figure 2 below).

Meets objectives of R3 Medium Density zone.

Development must be permissible with consent.

Development meets objectives and is permissible development with consent.

Yes

2.7 - Demolition

Demolition is permissible with consent.

Demolition is proposed as part of this application.

Yes

4.3 – Height of Buildings

15m as identified on Height of Buildings Map

Approx. 16.5m (at lift overrun)

No – refer to discussion below table

4.4 – Floor Space Ratio

1.5:1 (1,815sqm) as identified on Floor Space Ratio Map

1.5:1 (1,814sqm)

Yes

4.6 Exceptions to development standards

Written request for variation must be considered.

Development seeks variation to clause 4.3 Height of Buildings. A request for the variations has been provided and is discussed later in this report.

Yes

5.9 – Preservation of Trees or Vegetation

Trees proposed for removal are specified in DCP 2013.

Development consent is sought for removal of six trees. Council’s Tree and Landscape Section has reviewed the proposed removal and has raised no objections subject to planting of replacement trees.

Yes

5.10 (5) – Heritage Assessment

The consent authority may, before granting consent to any development:

(a) on land on which a heritage item is located, or

(b) on land that is within a heritage conservation area, or

(c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

The site does not contain a heritage item, is not located in a conservation area and is not located in the vicinity of a heritage item or conservation area.

Yes

 

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Figure 2: Zoning Map

 

Detailed assessment of variation to Clause 4.3 Height of Buildings

 

14.         The proposed development features a maximum building height of approximately 16.5m, which is 1.5m or 7.5% above the permitted building height of 15m shown on the KLEP 2012 Height of Buildings Map. As shown in Figure 2, the non-compliance occurs at the lift overrun and at the Level 5 eave over the access point to the rooftop communal open space area. As shown in Figure 4, the total area of the roof non-compliances is approximately 43sqm or 7% of the building footprint or 3.6% of the site area. None of the non-complying area contains habitable space.

 

15.         To support the non-compliance, the applicant has provided a request for a variation to Clause 4.3 in accordance with Clause 4.6 of KLEP 2012.

 

Text Box: Area of non-complianceDescription: Description: Macintosh HD:Users:addisonboykin:Desktop:Screen Shot 2017-08-16 at 3.21.00 pm.png

Figure 3: West Elevation

 

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Figure 4: Roof plan

 

Is the planning control in question a development standard?

 

16.         Yes, the Height of Buildings limitation under Clause 4.3 of the KLEP 2012 is a development standard.

 

What are the underlying objectives of the development standard?

 

17.         The objectives of Height of Buildings standard under Clause 4.3 of KLEP 2012 are:

 

(a)  to establish the maximum height for buildings,

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

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

 

Comment: The applicant has provided the following justification regarding the development’s consistency with the above objectives:

 

·    The proposal will provide a high quality urban form that relates well to the context of the site in terms of the natural topography and adjoining development;

·    The extent of non-compliance does not contain any areas of enclosed habitable floor space and is limited to the lift overrun.

·    The extent of variation does not discernibly increase the extent of amenity impacts in terms of loss of sunlight, privacy, visual intrusion or shadowing;

·    The proposal presents a suitable scale of development relative to surrounding development and future development within the locality given the provisions of the Kogarah LEP 2012- Amendment 2.

 

Due to the minor nature of the variation it will not have any adverse amenity impacts. In this regard it is noted:

 

·    The variation will be largely unapparent and will have no adverse effect on the physical bulk, height or scale of the development.

·    The variation will not lead to a reduction in solar penetration on site or to adjoining properties nor will it lead to sunlight loss or overshadowing.

·    The proposed variation will not lead to view loss or interrupt views to and from the site

·    The proposed variation will not lead to a reduction in privacy afforded to existing residents or future residents of the proposal.

·    The proposed development will permit the site to develop to its full potential whilst complementing the future vision envisioned for the site by providing a residential flat building that provides good address to the street frontages, clearly identifiable entrances and compliance with all remaining key planning controls that apply to the proposal.

·    The development proposal has been generally designed to provide an attractive building that addresses the local context and sets the tone and scale for future medium density development in the locality. The development provides a residential flat building that will contribute towards increasing housing stock within the Georges River Council LGA.

 

Comment: The applicant’s justification is supported. The variation has no overshadowing, visual or privacy impacts, does not result in an excessive built form, and is largely imperceptible from the public domain. As such, compliance with the height standard would not result in a more suitably scaled development or otherwise improve the built form outcome at the site, and therefore the development is considered to be consistent with the objectives of Clause 4.3.

 

What are the underlying objectives of the zone?

 

18.         The objectives of the R3 Medium Density Residential zone are as follows:

 

·     To provide for the housing needs of the community within a medium density residential environment.

·     To provide a variety of housing types within a medium density residential environment.

·     To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

Comment: The applicant has provided the following statement of compliance with the zone objectives as part of the Statement of Environmental Effects:

 

·     The proposal will provide additional housing to meet the needs of the community within the medium-density zoned residential environment.

·     The proposal provides a variety of dwelling sizes including two and three bedroom units.

·     The proposal does not provide commercial uses, however, numerous food shops, banks, medical facilities, post office etc. are located within walking distance of the subject site to provide for the needs of residents.

 

Comment: The applicant’s arguments are supported. The development is consistent with zone objectives in that it will deliver apartments of varying types (2- and 3-bedroom) to meet the needs of the community. The height non-compliance does not impede the development’s ability to meet the objectives. Given the minor scale and extent of the variation, the development still achieves the medium-density residential environment envisioned by the standard. The variation does not add habitable space to the building, does not add gross floor area and does not otherwise contribute to an overdevelopment of the site.

 

Is the variation to the development standard consistent with Clause 4.6 of the HLEP 2012?

 

19.         Clause 4.6(1): The objectives of this clause are as follows:

 

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

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

 

Comment: Flexibility in applying the standard is appropriate in this case, as the variations provide for increased amenity and are integral components of the proposed residential flat building. The eave is an attractive and functional design element which provides protection from rain and summer sun, and the lift overrun allows for equitable access to the rooftop communal open space area. As such, a better outcome is achieved through improved design and amenity.

 

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

 

Comment: Clause 4.3 Height of Buildings is not excluded from the operation of Clause 4.6.

 

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

 

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

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

 

 

Comment: The applicant has provided a written variation request prepared by Rod Logan Planning, which addresses Clause 4.6(3)(a) and (b). The relevant text is extracted above at item no. 17 of this report.

 

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

 

(a)  the consent authority is satisfied that:

 

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

 

Comment: The written request prepared by Rod Logan Planning adequately addresses the matters in subclause (3). Compliance with the standard is unreasonable and unnecessary because the development remains consistent with the objectives of the R3 zone and height of building standard as described above. There are sufficient environmental planning grounds to justify contravening the standard in that the non-compliance provides for an improved amenity outcome while resulting in no adverse environmental impacts. The lift overrun allows for universal access to the rooftop communal open space area, and the roof eave provides weather protection. There are no notable overshadowing, privacy or view impacts, and the non-complying areas do not add significant bulk or mass to the building.

 

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

 

Comment: For the reasons detailed above, the development is considered to be consistent with the objectives of Clause 4.3 Height of Buildings and the R3 Medium Density Residential zone.

 

24.         (b) the concurrence of the Director-General has been obtained.

 

Comment: Planning Circular PS 08-003 dated 9 May 2008, as issued by the NSW Department of Planning, advises that the concurrence of the Director General may be assumed for exceptions to development standards under environmental planning instruments that adopt Clause 4.6 of the Standard Instrument. In this regard, if the variation is found to be consistent with the objectives of the zone, the concurrence of the Director-General for the variation to the building height Development Standard can be assumed.

 

State Environmental Planning Instruments

 

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

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

State Environmental Planning Policy 55 – Remediation of Land

Yes (1)

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

Yes (2)

State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development

Yes (3)

 

(1) State Environmental Planning Policy 55 – Remediation of Land

 

26.         The site has a long history of residential use and is located in an established residential area. There are no known records of contaminating activity on the site. As such, it is considered that there is minimal risk that the land is contaminated and that the development is suitable for the proposed development, with no preliminary site investigation necessary. Based on this, it is considered that Clause 7 of the SEPP has been satisfied.

 

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

 

27.         A BASIX Certificate and BASIX-stamped plans have been submitted with the application. A condition is recommended requiring compliance with the commitments indicated on the certificate.

 

(3) State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development

 

28.         The proposed development is for a new building of at least 3 storeys, which meets the definition of “residential flat building”. Therefore, it must be assessed against SEPP 65 and the Apartment Design Guide (ADG). This assessment is provided below.

 

29.         A design verification statement has been provided by Robert Woodward (Registration No. 9383) of ESS architects in accordance with Clause 50 of the Environmental Planning and Assessment Regulation 2000.

 

30.         The application was referred to the Design Review Panel (DRP) for comment. An assessment of the Design Quality Principles and the comments of the DRP are provided below.

 

Context and Neighbourhood Character

 

Panel’s comment:

 

31.         The Panel pointed out that the site analysis plan is deficient because it is based on the proposed development and not the existing conditions and provides no information on any understanding of context.

 

32.         The proposal responds to the slope of the site by stepping down.

 

33.         The Panel notes that the access lane to the rear of the site is not used to provide vehicular access to the site. It is understood that the site slope makes this difficult. However, the Panel would appreciate an attempt for an explanation as to why the use of the rear lane is not possible. Making access from the lane would dramatically improve the streetscape to Andover Street. This area is in transition and the proposal will eventually sit comfortably in a future context.

 

Applicant’s response:

 

34.         The site analysis plan has been updated to provide that context.

 

35.         In respect to vehicular access, initial design consideration was given to the provision of driveway access to the development from Andover Lane. As noted by the Panel, the site slope did make this design approach difficult and vehicular access and egress to and from the site could not be achieved in accordance with the relevant design standards. Further, the positioning of an access driveway along Andover Lane would result in a potential amenity impact to the neighbouring dwelling at 2 Balfour Street in terms of noise impacts from the opening and closing of the garage access door and light impacts resulting from headlights being directed into the windows of this neighbouring dwelling from vehicles making their way up the driveway ramp. A decision was therefore made to provide vehicular access to the site from Andover St.

 

Assessor’s comment:

 

36.         The applicant’s response is supported. The amended site analysis plan provides appropriate context for assessment, and the ability to accommodate the driveway off the laneway is compromised due to the slope of the land. It is also noted that the driveway off Andover Street is consistent with other residential flat development in the street to the north.

 

37.         Overall it is considered that the development responds appropriately to its context and contributes positively to the character of the area. The building responds to the topography, addresses its corner position and features a high quality design.

 

Built form and scale

 

Panel’s comment:

 

38.         Satisfactory

 

Applicant’s response:

 

39.         Acceptable – no action required.

 

Assessor’s comment:

 

40.         The development achieves a bulk and scale appropriate to the desired character of the street as expressed in Clause 4.3 Height of Buildings and Clause 4.4 Floor Space Ratio in the KLEP 2012. The development seeks a minor variation to the height standard, but this variation is minor (7.5% above control), occurs only over a small portion of the development (3.6% of the site area) and does not add excessive bulk of the building.

 

41.         The building positively addresses both street frontages, aligns with the predominant built form pattern of the area and features good façade articulation through the use of window placement, eaves and materiality.

 

42.         While the development provides for 5 total aboveground storeys, the ground level dwellings are located partially below existing ground level so that the full 5 storeys are not apparent when the development is viewed from the street. The development’s stepping form, which follows to the slope of the land, also mitigates development’s apparent scale.

 

Density

 

Panel’s comment:

 

43.         Complies with Draft City Plan

 

Applicant’s response:

 

44.         Acceptable – no action required.

 

Assessor’s comment:

 

45.         The development achieves a density appropriate to the site and context. The development complies with Clause 4.4 Floor Space Ratio under KLEP 2012, and provides for a high level of residential amenity (refer to ADG discussion below).

 

Sustainability

 

Panel’s comment:

 

46.         Subject to BASIX

 

Applicant’s response:

 

47.         A Basix Certificate has been prepared by Zoran Cvetkovski, which has been submitted under separate cover.

 

Assessor’s comment:

 

48.         Overall the development’s sustainability measures are considered satisfactory. A condition is recommended requiring compliance with the commitments listed on the certificate.

 

Landscape

 

Panel’s comment:

 

49.         The Cheese Trees to the ground floor landscape plan should be reconsidered as their roots will invade the underground structure.

 

50.         Drying areas should be relocated to make full use of northern aspect particularly in the winter months.

 

51.         The Panel suggests putting clothes line on the roof abutting the building wall so they cannot be seen from the street.

 

52.         The roof top common space area should provide social facilities such as a sink, toilet, and shade.

 

53.         The architectural plan should be amended to reflect the roof top layout shown in the landscape plan.

 

54.         The Panel suggests better use of the deep soil zone by minimising extended hardscape and providing good sized canopy trees. The Panel recommends that the interface with the public domain be carefully designed and appropriately illustrated.

 

55.         The fire escape from the basement to Balfour Street in the architectural drawings is contradictory to the scope of the landscape plan and is unclear as to where the exit is to the public domain.

 

Applicant’s response:

 

56.         In respect to the reconsideration of the Cheese Trees on the ground floor landscape plan, the landscape designer for the project was consulted on this matter and advised, contrary to the Panel’s comment, that any invasion of the underground structure was highly unlikely. Landscape plan amendments have therefore not been made. However, if Council’s landscape officer deems the placement of these Cheese Trees as unsuitable, a consent condition could be imposed requiring the provision of an alternate species.

 

57.         A drying area has been provided on the roof of the building adjacent to the lift area, while roof top facilities including a bbq area, sink and wc have also been incorporated.

 

58.         The architectural plans have been amended and now align the landscape plan design.

 

59.         As demonstrated on the landscape plans, it is proposed to introduce additional street tree planting along both the Andover and Balfour Street verges in accordance with Council’s Street Tree Planting Masterplan.

 

60.         In regards to the fire escape along Balfour Street, this has now been clarified on the architectural plans.

 

Assessor’s comment:

 

61.         The applicant’s response is supported. The application has been assessed by Council’s Tree and Landscape Section and has been found to be acceptable subject to conditions. The proposed Cheese Trees were not flagged as inappropriate, and therefore no condition requiring an alternative species is recommended.

 

62.         Overall it is considered that the development demonstrates a high quality landscape scheme appropriate to the context with a good mix of grasses, groundcovers, shrubs and small and canopy trees.

 

Amenity

 

Panel’s comment:

 

63.         The kitchens in accessible Units 103 and 104 have very limited bench space for a two (2) bedroom dwelling. Consideration should be given to moving the laundry into the entrance corridor.

 

64.         At least one (1) bedroom in Unit 101 has no window at all and should be reconsidered. All the north-west unit bedrooms could be provided with better light and ventilation.

 

Applicant’s response:

 

65.         The laundry areas of Units 103 and 104 have been relocated into the entrance corridor. A bedroom window has been provided to one of the rear facing bedrooms of Unit 1.01.

 

66.         In terms of light and ventilation to the north-western unit bedrooms, all bedrooms are provided with suitably sized windows or are located adjacent to well ventilated terrace areas.

 

Assessor’s comment:

 

67.         The applicant’s response is supported. The relocation of the laundry areas allows for sufficient kitchen bench space, and the addition of the window to the northwest corner bedroom provides needed light and ventilation.

 

68.         Overall it is considered that the development demonstrates a high level of amenity in terms of room dimensions and layout, sunlight access, natural ventilation, outlook, visual and acoustic privacy, storage and private open space.

 

Safety

 

Panel’s comment:

 

69.         It is unclear how the car park driveway operates, misleadingly labelled as a one way ramp instead of a one lane ramp. The exit into the basement is poorly sighted and a system of mirrors or traffic lights is required.

 

70.         Also, the drawings need to be amended to clarify how the basement fire egress stair works and whether it will provide places of concealment.

 

Applicant’s response:

 

71.         The notation of a one - way ramp has been amended to stipulate a one lane ramp. In relation to the provision of traffic lights and mirrors to the basement, this will be subject to review by Council and consent conditions can be imposed regarding this detail. In regards to basement fire egress, a BCA Alternate Solution Report has been prepared by Building Certificates Australia which outlines that alternate solutions can be implemented in order to achieve BCA compliance, without the provision of a possible place of concealment. That Report is attached under separate cover.

 

Assessor’s comment:

 

72.         The applicant’s response is supported. The access arrangement has been reviewed by Council’s Traffic Section and has been found to be acceptable subject to conditions, including the installation of mirrors to improve driver visibility.

 

73.         In regards to the basement fire egress, the submitted BCA letter satisfactorily confirms that the egress can readily comply with the BCA by way of a performance based solution.

 

74.         Overall it is considered that the development generally optimizes safety and security, providing clearly defined spaces, easily identifiable entries and passive surveillance opportunities.

 

Housing Diversity and Social Interaction

 

Panel’s comment:

 

75.         Satisfactory

 

Applicant’s response:

 

76.         Acceptable – no action required.

 

Assessor’s comment:

 

77.         The development provides 18 x 3-bedroom dwellings and 2 x 2-bedroom dwellings. While this mix does not offer much variety, it will cater to the needs of families and is considered acceptable for an apartment building of this (small) scale.

 

78.         The development provides for adequate communal space (rooftop) to facilitate social interaction among residents.

 

Aesthetics

 

Panel’s comment:

 

79.         The Panel notes that the elevations do not provide any useful information to enable an understanding of the appearance of the building. The Panel was only assisted by the photomontage taken from Balfour Street. A montage of similar quality showing the building from Andover Street would help even more. Nevertheless, the elevations should be amended to provide a more accurate depiction of the appearance of the building.

 

80.         The abovementioned elevations provide no confidence in the quality of the interface treatment with the public domain on Andover Street.

 

Applicant’s response:

 

81.         The elevations have been amended to provide a better and more accurate depiction of the building. The fenestration and design finishes of the building along the Andover Street frontage will be identical to those noted within the provided montage depicting the buildings elevation along Balfour Street.

 

Assessor’s comment:

 

82.         The development achieves a built form with good proportions and balanced composition of elements, and features a variety of materials, colours and textures. The Andover Street elevation is considered acceptable, with no further clarification required.

 

Clause 28 – Consideration of Apartment Design Guide

 

83.         The following table provides an assessment against the key design criteria of the Apartment Design Guide.

 

Clause

Standard

Proposal

Complies

Objective 3D-1

Communal open space has minimum area equal to 25% of site area

18.2%

No – refer to discussion below table

 

50% direct sunlight to principal usble part of communal open space area for minimum of 2 hours between 9am and 3pm at mid-winter.

2 hours of sunlight is achieved to at least 50% of the rooftop communal open space area.

Yes

Objective 3E-1

Minimum 7% deep soil zone

13%

Yes – refer to discussion below

 

Deep soil zone to have minimum 3m dimension

At least 3m

Yes

Objective 3F-1

Up to 4 storeys: Minimum setback to adjoining allotment boundary:

·    Habitable rooms: 6m

·    Non-habitable: 3m

 

5-8 storeys:

·    Habitable rooms: 9m

·    Non-habitable: 4.5m

 

Additional 3m separation required where sites adjoin a low density residential zone.

 

8m setback to east boundary and 6.5m setback to laneway.

Development adjoins main streets on the other two boundaries.

No – refer to discussion below

Objective 3J-1

For sites within 800m of a railway station in Sydney Metropolitan Area, the minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less

This results in a requirement of 31 spaces (27 residential and 4 visitor)

27 residential spaces

 

3 visitor spaces

Yes

 

 

No – refer to discussion below table

Objective 4A-1

Living rooms and private open spaces of at least 70% of dwellings to receive minimum of 2 hours of direct sunlight between 9am and 3pm at mid-winter

15/20 dwellings (75%)

Yes

 

Maximum 15% of apartments receive no direct sunlight between 9am and 3pm at mid-winter.

No dwellings receive no direct sunlight between 9am and 3pm at mid-winter.

Yes

Objective 4B-3

60% of apartments to be naturally cross ventilated

20/20 dwellings (100%)

Yes

Objective 4C-1

Minimum ceiling height of 2.7m for habitable rooms and 2.4m for non-habitable rooms

2.7m for all rooms

Yes

Objective 4D-1

Apartments to have the following minimum internal areas:

·    1-bed: 50sqm

·    2-bed: 70sqm

·    3-bed: 90sqm

Additional bathrooms increase the requirement by 5sqm.

2-bedroom dwellings are each 76sqm.

 

3-bed dwellings are all 91sqm but contain an extra bathroom.

 

 

Yes

 

 

No – refer to discussion below table

Objective 4D-2

Habitable room depths are limited to a maximum of 2.5 x ceiling height

Within range

Yes

 

In open plan layouts the maximum habitable room depth is 8m from window

Within range

Yes

Objective 4D-3

Master bedrooms have minimum area of 10sqm and other bedrooms 9sqm excluding wardrobe space

All bedrooms comply.

Yes

 

Bedrooms have a minimum dimension of 3m excluding wardrobe space

All bedrooms comply.

Yes

 

Living rooms or combined living/dining rooms have a minimum width of 4m for 2- and 3-bedroom apartments.

All living rooms comply.

Yes

Objective 4E-1

All apartments are required to have primary balconies as follows:

·    2-bed: 8sqm area and 2m depth

·    3-bed: 12sqm area and 2.4m depth

All balcony areas comply.

 

Balcony depth of 2-bed units do not comply at 2m.

Yes

 

 

No – refer to discussion below

 

Ground level apartments to provide minimum private open space area of 15sqm with minimum depth of 3m

All ground level dwellings comply.

Yes

Objective 4F-1

Maximum number of apartments off circulation core on a single level is 8

Maximum of 4 dwellings off core

Yes

Objective 4G-1

In addition to storage in kitchens, bathrooms and bedrooms, the following storage is to be provided:

·    1-bed: 6 cubic metres

·    2-bed: 8 cubic metres

·    3-bed: 10 cubic metres

Required storage provided in main corridor of each dwelling

Yes

 

Building separation discussion

 

84.         The development provides an 8m setback from the east boundary for all levels, resulting in a non-compliance at Level 5, where a 9m setback is required.

 

85.         This non-compliance is considered acceptable because the non-complying areas do not result in any privacy impacts. The windows are shielded by fixed aluminium louvres, which provide effective screening.

 

86.         The development provides for a 6.5m setback from Andover Lane at all levels. This is sufficient for separation from the neighbouring dwelling at 2 Balfour Street, which is located in zone R2 Low Density Residential and thus requires an additional 3m of separation. The intervening Andover Lane is approximately 6m in width, and therefore the total setback from the adjoining dwelling’s boundary is approximately 12.5m. This total separation complies with the minimum total setback requirement from the neighbouring R2 zone, which is 9m and 12m for storeys 1 to 4 and 5 to 8, respectively.

 

Communal open space discussion

 

87.         The development provides for communal open space at the rooftop level equal to 18.2% of the site area, which is below the required 25%.

 

88.         It is noted there are oversized private open space areas at ground level, particularly at southeast portion of the site, which theoretically present the opportunity for increased communal open space. However, it is considered that communal open space at this location is undesirable due to the lack of solar access and potential impacts on private amenity.

 

89.         Overall it is considered that the rooftop communal open space area provides sufficient space for social interaction and recreation and therefore satisfies the relevant objectives.

 

Deep soil zone discussion

 

90.         There is a slight discrepancy between the deep soil diagram prepared by ESS Architects and the remainder of the architectural plans. The diagram shows a total deep soil area of 163sqm; however, part of this area along the west boundary (approximately 6.5sqm) is shown on the architectural drawings as taken up by the fire egress and therefore this area is not suitable for deep soil plantings and should not be counted as deep soil area.

 

91.         Nonetheless, the deep soil zone area is well above the minimum requirement (13% proposed vs. 7% required) and, as shown on the Landscape Plan prepared by Zenith Landscape Design, is capable of accommodating multiple canopy trees with a mature height of 8m. The deep soil provision is therefore considered acceptable.

 

Parking discussion

 

92.         The development provides 3 visitor parking spaces, while 4 spaces are required. This shortfall is considered acceptable because it is minor and unlikely to have a noticeable impact on street parking availability, and because the development sits in close proximity to bus and rail services. It is also noted that Councils’ Traffic Section assessed the application and raised no issue with the parking provision.

 

93.         The corner site also offers greater opportunity for on-street parking, which would otherwise not be provided in a mid-block site. This affords another 2 to 3 onstreet parking spaces which can be used by visitors.

 

94.         Furthermore, the urban setting of the site, which is characterised by a mixture of medium density and attached/detached dwellings, is such as that there is spare capacity on the existing street network  for on-street overflow visitor parking.

 

3-bedroom apartment size discussion

 

95.         All proposed 3-bedroom dwellings feature an area of 91sqm but are required to have an area of 95sqm because they feature two bathrooms.

 

96.         The design guidance under Objective 4D-1 of the ADG states:

 

Where minimum areas or room dimensions are not met apartments need to demonstrate that they are well designed and demonstrate the usability and functionality of the space with realistically scaled furniture layouts and circulation areas. These circumstances would be assessed on their merits

 

97.         In accordance with the above design guidance, the 3-bedroom dwellings are well designed and demonstrate a highly functional layout with clear, logical paths of circulation. Living/dining areas areas are generously sized and can accommodate furniture appropriate to the dwelling size as shown on the plans. Balconies are generously sized, ranging in area from 18sqm to 24sqm, and located directly off living areas, affording residents with ample living space.  The dwellings also demonstrate an overall high level of amenity in terms of natural cross ventilation, solar access and privacy.

 

98.         Overall it is clear that the architect has achieved an efficient floorplan, with a strong street address to the corner, a high level of internal amenity and a positive streetscape appearance.

 

Balcony depth discussion

 

99.         Eight of the 3-bedroom dwellings do not achieve the full balcony depth of 2.4m, providing only 2m. This non-compliance is considered acceptable given that the balcony areas are well above the minimum requirement, ranging in size from 18sqm to 24sqm (vs. 12sqm required), and are capable of accommodating a table setting appropriate to the dwelling size.

 

Draft Environmental Planning Instruments

 

100.       There are no draft environmental planning instruments relevant to the application.

 

Any other matters prescribed by the Regulations

 

101.       The Regulations prescribe no other matters for consideration for the proposed development.

 

Development Control Plans

 

102.       Kogarah Development Control Plan (KDCP) 2013 applies to the proposed development. The development’s compliance with the KDCP 2013 is discussed in the following table.

 

Control

Provision

Proposal

Complies

PART B – GENERAL CONTROLS

B2 Tree Management and Greenweb

Compliance with provisions of Clause 5.9 Preservation of Trees or

Vegetation of KLEP 2012 must be achieved.

Consent sought for removal of 6 trees.

Yes

B4 Parking and Traffic

39 residential parking spaces

4 visitor spaces

27 residential spaces and

3 visitor spaces provided. As the development is within 800m of a railway station, ADG parking requirements apply.

No – refer to ADG discussion above

 

9 bicycle parking spaces (7 residential, 2 visitor)

Bicycle storage room shown on plans, but no spaces are marked.

Yes – a condition is recommended to ensure appropriate quanity is provided

 

1 car wash bay required; may be also be visitor space

No car wash bay shown.

No – a condition is recommended requiring provision of a car wash bay

 

Car park access and layout to comply with relevant Australian Standards

Complies with relevant AS.

Yes – the design of the parking area has been assessed by Council’s Traffic Section and has been found to be acceptable subject to conditions

B5 – Waste Management and Minimisation

Submit waste management plan

WMP submitted.

Yes

B6 – Water Management

All developments require consideration of Council’s Water Management Policy.

A Concept Stormwater Plan has been submitted with the application. The plan has been assessed by Council’s Engineering Section and found to be acceptable subject to conditions of consent.

Yes

B7 Environmental Management

Building to be designed to improve solar efficiency and are to use sustainable building materials and techniques

Design, materials, siting and orientation generally optimise solar efficiency, with high proportion of north-facing dwellings. Glazing is minimised on south elevation, and operable screens are provided on west elevation.

 

Development is BASIX-compliant

Yes

PART C2 – MEDIUM DENSITY HOUSING

1. Site isolation and alamgamation for medium density development

Adjoining sites not to be left isolated

No isolation resulting from development. Three alootments remain to the south capable of amalgamating for medium density redevelopment.

Yes

2. Specific precinct controls – residential flat buildings

-

Site is noted located in a special precinct.

NA

4. Medium site and density requirements

20m minimum frontage for residential flat building

26m frontage to Andover Street

Yes

 

Site is not subject to minimum site area per dwelling control.

-

NA

5. Height and building envelope requirements

 

 

No – refer to discussion below table

6. Building setbacks

 

 

No – refer to discussion below table

7. Site coverage

Maximum 45%

520sqm or 43%

Yes

8. Open space

Maximum 55% impervious area

65% impervious area

No – refer to discussion below table

 

Private open space – 35sqm with min. 3m dimension for ground level dwellings and 12sqm with min. 3m dimension for other dwellings

Ground floor private open space areas range in size from 18sqm to 241sqm. Balconies range in size from 18sqm to 24sqm. This control is inconsistent with the ADG, and therefore the ADG prevails.

No – refer to ADG discussion above

 

Common open space – 30sqm per dwelling with overall area of 75sqm and min. dimension of 5sqm.

220sqm of common open space at rooftop terrace (18.2% of site area).

No – refer to discussion below table

9. Vehicular access, parking and circulation

Car parking to be provided in accordance with Part B4

27 residential spaces and

3 visitor spaces. As the development is within 800m of a railway station, ADG parking requirements apply.

No – refer to ADG discussion above.

 

Garages to be accessed from rear lane where available

Access provided from Andover Street.

No – refer to discussion below

 

All residential flat buildings to provide car wash bay

No car wash bay provided.

No – a condition is recommended requiring provision of a car wash bay

11. Solar access

Primary open space to achieve 4 hours of direct sunlight between 9am and 3pm at mid-winter

This DCP control contradicts the ADG, and therefore the ADG prevails.

No – refer to ADG discussion above

 

Neighbours’ private open space and living areas to maintain 3 hours of direct sunlight between 9am and 3pm at mid-winter 

Adjoining dwelling at 31 Andover Street overshadowed.

No – refer to discussion below

12. Views and view sharing

Provide for reasonable sharing of views

Development steps with the land and generally complies with the height limit.

Yes

13. Adaptable and accessible housing

2 adaptable units required for devleopments with 11-20 units

2 adaptable dwellings provided.

Yes

 

Height and Building Envelope Requirements Discussion

 

103.       The development does not comply with the required height and building envelope controls. However, these controls were developed prior to rezoning of the subject site under the Kogarah New City Plan and are not considered strictly applicable to the proposed development. Nonetheless, the development provides a built form appropriate to its context and generally complies with the KLEP 2012 height limit, with only minor and acceptable variations as detailed at the KLEP Clause 4.6 discussion above.

 

Building Setbacks Discussion

 

104.       The DCP requires that a maximum of 75% of the width of the building be setback a minimum of 5m, with the remainder being setback a minimum of 7m. The development features a front setback from Andover Street of 4.15m. This non-compliance is considered acceptable, as the reduced setback is appropriate to the corner lot and allows the development to present a strong urban edge. The benefit of increasing the front setback to comply is not readily apparent: overshadowing to the south would not be notably improved, and the streetscape would not be unreasonably disrupted, particularly given the site’s corner location. It is also noted that the front setback to the building wall achieves the full 7m; the 4.15m setback refers to the balcony edge. The balcony edge is in fact the appropriate setback measurement point as per Standard Instrument definitions; however, the absence of a solid wall at the 4.15m mark mitigates the bulk of the form, and the glazed balcony balustrades function as articulation elements and allow the 7m setback line to be apparent.

 

105.       The development provides a rear (Andover Lane) setback of 6.5m and a side (east) setback of 6.85m, both of which comply with controls.

 

106.       It is noted that the DCP contains no setback control for the secondary street frontage of residential flat buildings on corner lots. Given this lack of control, it is necessary to assess the development’s setback to Balfour Street on merit by looking at its impacts on the streetscape. The development generally provides a 3.64m setback to Balfour Street. This appears to be less than at least some of the front setbacks for the dwellings farther to the north along Balfour Street. However, it is considered that the streetscape would not be unreasonably disrupted, as there is no strong character or pattern to the street, and Andover Lane provides a break in the built form, limiting the noticeable variation in setbacks. Furthermore, the residential flat building directly opposite the site across Balfour Street appears to have a similar setback.

 

Open Space Discussion

 

107.       The proposed development features an impervious area of 68% of the site area, which does not comply with the maximum of 55%. This is considered acceptable for the following reasons:

 

·     The development achieves 13% deep soil area, well above the 7% required by the ADG.

·     The development’s stormwater management system has been assessed by Council’s engineers and has been found to be acceptable.

·     The controls in the DCP have not been updated to reflect the development intensity permitted by recent LEP amendments, and therefore it is difficult to comply fully with all detailed controls. The 55% control was based on achieving a smaller building typology under the previous LEP height and FSR.

 

108.       In regards to common open space, the DCP requires 30sqm per dwelling with a minimum overall area of 75sqm and minimum dimension of 5m. The development provides 220sqm of (rooftop) communal open space or 18.2% of the site area, which is well below the DCP’s requirement. It is noted there are oversized private open space areas at ground level (particularly at southeast portion of the site), which theoretically present the opportunity for increased communal open space. However, it is considered that communal open space in this location is undesirable due to the lack of solar access and potential impacts on private amenity. Overall it is considered that the rooftop communal open space area provides sufficient space for social interaction and recreation, and therefore satisfies the objectives of the control.

 

Vehicular Access, Parking and Circulation Discussion

 

109.       Control (4) of this part states that garages should be accessed from a rear lane where available. The applicant has noted that this option was explored but ultimately discarded because ingress and egress could not ahiceved in accordance with the relevant design standards due to the site’s slope.

 

110.       Furthermore, locating the driveway off the rear lane could result in adverse amenity impacts on the adjoining dwelling at 2 Balfour Street. The dwelling’s setback from the laneway is minimal, and therefore the dwelling would be susceptible to traffic noise. Also, headlights from vehicles exiting the site up the ramp would potentially shine directly into the living areas of the dwelling.

 

111.       It is noted that the proposed access and circulation arrangement has been assessed by Council’s Traffic Section and has been found to be acceptable subject to conditions.

 

112.       Overall the development complies with the objectives of this section.

 

Overshadowing

 

113.       At least 50% of neighbours’ principal open space or windows to main living areas must receive a minimum of three hours of direct sunlight between 9am and 3pm at mid-winter. The adjoining dwelling to the east will be overshadowed as a result of the proposed development: all windows on the dwelling’s west elevation and more than 50% of the dwelling’s rear private open space area will be overshadowed throughout the day. This is considered acceptable, as the area is undergoing a transition from low to medium density development, and the adjoining lot is capable of amalgamating with lots farther to the east to redevelop as a residential flat building.

 

4.      Impacts

 

Natural Environment

 

114.       The development is unlikely to have adverse impacts on the natural environment. Basement excavation is proposed, but basements are common in the area, and the development is unlikely to adversely impact on existing drainage patterns and soil stability in the locality. The proposed tree removal has been deemed acceptable by Council’s Tree and Landscape Section subject to planting of replacement trees.

 

Built Environment

 

115.       The proposed development is unlikely to have adverse impacts on the built environment. The development achieves a bulk and scale suitable to the existing and desired future character of the locality, and provides a form with visual interest that responds to the slope of the land. Though the development varies from the height standard under KLEP 2012, the variation is minor (7.5% above the standard), occurs only over a small area of the development (lift overrun and small portion of eave or 3.6% of the site area) and would be largely imperceptible from the public domain.

 

116.       The develoment’s side and rear setbacks comply with controls, and the street setbacks to, though non-compliant, are appropriate to the site’s corner location and are consistent with the street setbacks of the existing residential flat buildings opposite the site across Balfour Street and Andover Street.

 

117.       The development has been assessed by Council’s Design Review Panel and has been recommended for approval subject to implementation of recommendations, which have subsequently been implemented or sufficiently addressed (refer to SEPP 65 discussion above).

 

Social Impacts

 

118.       The development would contribute additional housing stock to the area and cater to the needs of families by providing a large proportion of 3-bedroom dwellings. There are no known adverse social impacts associated with the development.

 

Economic Impacts

 

119.       The development would have positive short term economic impacts associated with construction and no known adverse economic impacts.

 

Suitability of the Site

 

120.       The subject site has no impediments that preclude it from being developed for the proposed development.

 

Referrals, Submissions and the Public Interest

 

Submissions

 

121.       Eight submissions from the public were received. The key issues raised are discussed below:

 

Demolition of federation-style house

 

122.       Concern was raised that one of houses to be demolished has significance as a federation-style house.

 

Comment:

 

123.       The dwellings proposed to be demolished are neither heritage-listed nor located within a heritage conservation area. Demolition can thus be approved without detailed consideration of impacts on the architectural significance of the dwellings.

 

Overshadowing

 

124.       Concern was raised that the development would overshadow the surrounding properties.

 

Comment:

 

125.       Based on the submitted shadow diagrams by ESS, it is apparent that the only notable overshadowing would occur to the adjoining property at 31 Andover Street. As discussed earlier in this report, this overshadowing is considered acceptable given that the development generally complies with key building controls including the height limit. The proposed variations to the height limit are minor and would not result in noticeable additional overshadowing to the adjoining property.

 

126.       Notably, the development provides for an increased side setback (8m vs. 6m required) along its east boundary, which helps alleviate some of the overshadowing to 31 Andover Street.

 

Views

 

127.       Concern was raised that the development would block views.

 

Comment:

 

128.       The development generally complies with the LEP height limit of 15m, and therefore any blocking of views is expected and justified. The proposed variations to the height limit (lift overrun and small portion of roof eve) are small in extent and area and thus unlikely to affect views.

 

Traffic and Parking

 

129.       Multiple submissions raised concern about impacts on street parking availability.

 

Comment:

 

130.       The development includes residential parking in accordance with requirements and is only one space short of visitor requirements. This one-space shortfall is considered acceptable given the development’s proximity to bus and rail services, and the location on a corner site provides for additional on-street parking. Hence it is unlikely that a one-space shortfall would have any noticeable impact on parking availability.

 

Local wildlife

 

131.       Concerns were raised about the development’s impacts on wildlife, namely possums and birds.

 

Comment:

 

132.       There are no known critical habitats or other significant vegetation on the site. The proposed removal of 6 trees has been deemed acceptable by Council’s Tree and Landscape Section subject to planting of replacement trees. It is also noted that the development proposes new street trees along Andover Street, which will provide additional habitat for wildlife that currently does not exist.

 

Height

 

133.       Concern was raised about the non-complying height.

 

134.       Multiple submissions objected to the 5-storey height and expressed a preference for 3 storeys.

 

Comment:

 

135.       The development is generally compliant with the height limit of 15m. As detailed in the Clause 4.6 variation discussion above, the height non-compliances are minor in extent and area, have no adverse impact on amenity, and would not be evident from the public domain.

 

136.       Notwithstanding the minor height variations at the lift overrun and roof eave, the proposed 5-storey height is consistent with the 15m LEP height limit. This is due to the fact that some of the dwellings are partially below existing ground level.

 

Built form context and neighbourhood character

 

137.       A number of the submissions raised concern that the development is out of character and oversized for the locality.

 

Comment:

 

138.       While Andover Street to the south of the site currently contains 1- to 2-storey detached dwelling houses, this area has recently been rezoned from low to medium density residential as part of the New Kogarah City Plan. The proposed built form generally complies with the new controls is therefore consistent with Council’s desired future character of the area.

 

139.       It is also noted that the design has been reviewed and supported by the Design Review Panel, subject to changes that have since been satisfactorily implemented as outlined in the SEPP 65 discussion above.

 

Privacy

 

140.       General concern was raised about impacts on the privacy of surrounding residences.

 

Comment:

 

141.       The development complies with side and rear setback requirements and is therefore unlikely to have any unacceptable privacy impacts. The development provides for an increased setback from its east boundary (8m provided vs. 6m required under ADG), reducing potential overlooking to the adjoining dwelling. Also, the rooftop communal open space features screen planting around its edges, further reducing the opportunity for overlooking.

 

Infrastructure

 

142.       General concern was raised about the development’s stress on the area’s infrastructure, including parks, public transport, water and electricity.

 

Comment:

 

143.       The development is modest in scale and located in an established urban residential area with good local infrastructure. As such, it is considered that there would be no unacceptable stress paced on the area’s parks, public transport, water or electricity as a result on the development.

 

Council Referrals

 

Traffic

 

144.       Council’s Traffic Section raised no objection to the development subject to conditions of consent being attached to any consent granted.

 

Stormwater

 

145.       Council’s Engineering Section raised no objection to the application subject to conditions of consent being attached to any consent granted.

 

Tree and Landscape

 

146.       Council’s Tree and Landscape Section raised no objection to the application subject to conditions of consent being attached to any consent granted.

 

External referrals

 

147.       No external referrals were required.

 

Conclusion

 

148.       The application seeks approval for demolition of existing structures, site consolidation and construction of a 5-storey residential flat building containing 20 x dwellings and basement parking on the site at 27-29 Andover Street, Carlton. The proposed development has been assessed against the requirements of the relevant environmental planning instruments and development control plan and generally complies, with sufficient justification provided for any variations. The environmental impacts of the development have also been assessed and have been found to be minor and manageable.

 

RECOMMENDATION

 

149.       THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, Georges River Council grant development consent to Development Application 9/2017/119/1 for demolition of existing structures, site consolidation and construction of a 5-storey residential flat building containing 20 x dwellings and basement parking on the site at 27-29 Andover Street, Carlton, subject to the following conditions of consent:

 

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:

 

·    General Plan Basement, ESS Architects, Drawing No. A2101, REV DA02, 05.05.17

·    General Plan Ground, ESS Architects, Drawing No. A2102, REV DA02, 05.05.17

·    General Plan Level 01, ESS Architects, Drawing No. A2103, REV DA02, 05.05.17

·    General Plan Level 02, ESS Architects, Drawing No. A2104, REV DA02, 05.05.17

·    General Plan Level 03, ESS Architects, Drawing No. A2105, REV DA02, 05.05.17

·    General Plan Level 04, ESS Architects, Drawing No. A2106, REV DA02, 05.05.17

·    General Plan Level 05, ESS Architects, Drawing No. A2107, REV DA02, 05.05.17

·    General Plan Roof, Drawing No. A2108, REV DA02, 05.05.17

·    Elevation North, ESS Architects, Drawing No. A3001, REV DA02, 05.05.17

·    Elevation South, ESS Architects, Drawing No. A3002, REV DA02, 05.05.17

·    Elevation East, ESS Architects, Drawing No. A3003, REV DA02, 05.05.17

·    Elevation West, ESS Architects, Drawing No. A3004, REV DA02, 05.05.17

·    Section North-South, ESS Architects, Drawing No. A3101, REV DA02, 05.05.17

·    Section East-West, ESS Architects, Drawing No. A3102, REV DA02, 05.05.17

·    Finishes Board Finishes, ESS Architects, Drawing No. A9001, REV DA02, 05.05.17

·    Waste Management Plan submitted on 12 Sep 2017

·    Drainage Details, LMW Design Group, Drawing No. D2, Rev A, Sep. 2016

·    Basement Stormwater Drainage Concept Plan, LMW Design Group, Drawing No. D3, Rev A, Sep. 2016

·    Ground Floor Stormwater Drainage Concept Plan, LMW Design Group, Drawing No. D4, Rev B, Sept. 2016

·    OSD Design Details, LMW Design Group, Drawing No. D4A, Rev B, Sep. 2016

·    First Floor Stormwater Drainage Concept Plan, LMW Design Group, Drawing No. D5, Rev B, Sep. 2016

·    Second Floor Stormwater Drainage Concept Plan, LMW Design Group, Drawing No. D6, Rev A, Sep. 2016

·    Third Floor Drainage Plan, LMW Design Group, Drawing No. D7, Rev A, Sep. 2016

·    Fourth Floor Stormwater Drainage Concept Plan, LMW Design Group, Drawing No. D8, Rev A, Sep. 2016

·    Fifth Floor Stormwater Drainage Concept Plan, LMW Design Group, Drawing No. D9, Rev A, Sep. 2016

·    Roof Floor Stormwater Drainage Concept Plan, LMW Design Group, Drawing No. D10, Rev. A, Sep. 2016

·    Landscape Plan, Zenith Landscape Designs, Drawing No. 16-3324 L01, Rev A, 29.09.16

·    Landscape Plan, Zenith Landscape Designs, Drawing No. 16-3324 L02, Rev A, 29.09.16

·    Landscape Plan, Zenith Landscape Designs, Drawing No. 16-3324 L03, Rev A, 29.09.16

·    BASIX Certificate— 821414M dated 16 May 2017

 

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:

 

·     *Builders Long Service Levy of                                                      $  24,639.00

·     Driveway and Restoration Works Design Inspection Fee of      $       750.00

·     Asset Inspection Fee of                                                                  $       110.00

·     Restoration Deposit of                                                           $  20,300.00

·     Sign Installation of                                                                            $       150.00

·     Section 94A Contributions of                                                         $240,954.81

 

*Note: The Builders Long Service Levy quoted is based on the market value of the proposed building works and the Levy Rate applicable at the time of assessing the Development Application and may be subject to change prior to payment.

 

(3)       Restoration Deposit

 

A deposit of $20,300.00 shall be lodged with Council to ensure the completion of the following works to be completed at the applicant's expense

 

*           Construction of a new kerb and gutter across the full street frontage in Andover Lane.

*           Construction of a new footpath across the full street frontage in Andover Lane.

*   All associated road pavement restorations.

 

These works are to be in accordance with plans and specifications to be issued by Council.

 

(4)       Sign Installation

 

The applicant shall pay a fee of $150.00 to cover the costs for Council to install a “No Stopping” sign in Balfour Street at the intersection with Andover Lane.

 

(5)       Section 94 Index

 

Section 94 Contributions are to be paid as detailed below in the following condition, and until paid all contributions will be indexed four (4) times a year (on the following dates) to allow for the cost increases: 31 January, 30 April, 31 July and 31 October.

 

(6)       Section 94 Contributions

 

As at the date of Development Consent the following contributions have been levied on the subject development under Section 94 of the Environmental Planning and Assessment Act, 1979 and the nominated Section 94 Contributions Plans:

 

No.1 – Roads and Traffic Management – Residential

$    4,022.78

No.5 – Open Space 2007

$227,323.00

No.9 – Kogarah Libraries – Buildings

$    5,609.52

No.9 – Kogarah Libraries – Books

$    3,999.50

Ramsgate Commercial Centre Contributions Plan

 

 

TOTAL

 

$240,954.81

 

Any of the above Section 94 Contributions Plans may be inspected at the Georges River Council Customer Service Centres.

 

(7)       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.

 

(8)       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.

 

(9)       Adaptable Housing Compliance

 

The proposed development including the 2 nominated adaptable units shall comply with the adaptable housing provisions of AS4299 – Adaptable Housing and AS1498 – Access and Mobility (Parts 1 and 2). The Adaptable Housing checklist and circulation diagram demonstrating compliance shall be submitted.

 

(10)     Ausgrid Sub Station

 

The applicant is to confer with Ausgrid to determine if an electricity distribution substation is required. If so, shall be incorporated within the Construction Certificate and it will be necessary for the final film survey plan to be endorsed with an area having dimensions 5m x 4m over the location of the proposed electricity distribution substation to be dedicated to Council as public roadway, or as otherwise agreed with Ausgrid. Ausgrid’s requirements are to be met prior to release of the occupation certificate.

 

(11)     Clearances to Overhead Mains

 

If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, the applicant is to confer with Ausgrid to determine if satisfactory clearances to any existing overhead mains will be affected. If so, the applicant is to make arrangements with Ausgrid for any necessary modification to the electrical network in question.

 

These works to be at the applicant’s expense and Ausgrid’s requirements are to be met prior to actual construction commencing on site or as agreed with Ausgrid.

 

(12)     Sydney Water (DA Only)

 

The approved plans must be processed through Sydney Water to determine whether the development will affect any Sydney Water asset’s (sewer and water mains, stormwater drains and/or easements) and if any further requirements need to be met.  An approval receipt will be issued by Sydney Water which is to be submitted to Council or the Principal Certifying Authority.

 

Please refer to the web site www.sydneywater.com.au for:

 

·    Sydney Water Tap in – see Plumbing, building and developing and then Sydney Water Tap in; and

·    Building over/adjacent to a Sydney Water Asset - see Plumbing, building and developing, building then Building Approvals or telephone 13 20 92.

 

(13)     Basement Layout

 

The columns within the carpark area shall be constructed in accordance with “AS/NZS 2890.1:2004 - Off Street Car Parking. Section 5.2”.

 

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.

 

(14)     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.

 

(15)     On-Site Detention

 

A 31.5m3 On-Site Detention system with a Maximum Site Discharge of 21.2 Litres per Second is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow is to be directed to the site drainage system.

 

(16)     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 will require to be justified and supported by appropriate details, calculations and information to allow for proper assessment.

 

The Detailed Stormwater Plan is to address the following issue(s):

 

(a) A suitably qualified engineer is to certify that appropriate design measures have been taken to ensure that the ground floor and basement have been protected from flooding in the case of the On-site Detention system malfunctioning or reaching capacity.

(17)     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 Kogarah Council’s Water Management Policy and satisfies the provisions and objectives of that policy, must be included in the Stormwater Detailed Plan.

 

(18)     Certification by Mechanical Engineer

 

To ensure that adequate provision is made for ventilation of the building, mechanical and /or natural ventilation shall be provided. These systems shall be designed in accordance with the provisions of:-

 

a)   The Building Code of Australia;

b)   Australian Standard AS 1668 Part 1 - 1998;

c)   Australian Standard AS 1668 Part 2 - 2002;

d)   The Public Health Act 2010;

e)   The Public Health Regulation 2012;

f)    Australian Standard 3666.1 - 2002;

g)   Australian Standard 3666.2 - 2002;

h)   Australian Standard 3666.3 - 2000.

 

Details of all mechanical and /or natural ventilation systems, along with specific certification, provided by an appropriately qualified person, verifying compliance with the abovementioned requirements.

 

(19)     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.

 

(20)     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.

 

(21)     Ground Anchors

 

Should the proposed development require the installation of ground anchors to a road reserve the following must be complied with:

 

·    The appropriate Roads Act 1993 approvals shall be obtained.

·    The anchoring is to be de-stressed once no longer required.

·    The work is to be clear of all services contained within the public roadway and the required dial before you dig investigations are to be undertaken in relation to any services that may be in the proposed anchor locations.

·    Public liability insurances being held by the builder/ developer with a copy being submitted to Council.

·    A works-as-executed plan showing the exact location of all anchoring points being submitted to Council upon their installation.

 

It is to be noted that if anchoring into adjacent private properties is required any such approval would need to be obtained from the owners of this property.

 

(22)     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.

 

(23)     Works Zone

 

The installation of a "Works Zone" for the site will require the approval from the Traffic Advisory Committee. As a result, the applicant shall provide a formal request to Council's Traffic Section with the duration and exact location of the required "Works Zone" at least 6 weeks prior to its required installation date.  All costs associated with the installation of a “Works Zone” will be at the applicants expense.

 

(24)     Road Closure

 

A Road Closure Application form and associated documents shall be submitted to Council for approval at least 5 business days prior to any proposed lane usage for concrete pours, cranes or other activities involved in the demolition, excavation and construction on the site.

 

(25)     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.

 

(26)     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.

 

(27)     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.

 

(28)     Inspections – Multi Unit

 

The following lists of inspections are the MANDATORY CRITICAL STAGE INSPECTIONS that MUST be carried out by the Principal Certifying Authority (PCA).

 

(a)  at the commencement of building works

(b)       prior to covering waterproofing in any wet areas, for a minimum of 10% of rooms with wet areas within a building, and

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

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

 

Certificates from your engineer or subcontractor are NOT acceptable in the first instance for the above inspections.  Failure to have your PCA carry out these inspections could result in a delay or refusal to issue an Occupation Certificate.

 

In addition to the above, it is recommended that the following inspections be carried out for the subject development;

 

·    Erosion Control

·    Earthworks/Excavation

·    Building setout

·    Concrete reinforcement

·    Timber and/or steel framework

·    Mechanical/Hydraulic work

·    Driveways

·    Landscaping

·    External Finishes

 

(29)     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.

 

(30)     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.

 

(31)     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.

 

(32)     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.

 

(33)     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'.

 

(34)     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.

 

(35)     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.

 

(36)     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.

 

(37)     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.

 

(38)     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 proposed connection to Council’s stormwater pit is to be made as high within the pit as practical and must be at a level at or above the top third of the Council pipe exiting the pit. The connection is to be neat and shall not protrude into the pit. The applicant is required to contact Council’s Stormwater Section to inspect the connection to Council’s stormwater pit prior to backfilling. A minimum of 24 hours’ notice is required for inspections. A Road Opening Permit will need to be lodged with Council for these connection works.

 

A section of brick kerb and gutter is to be reconstructed at and surrounding the stormwater connections in Andover Street to allow for these connections to be made in accordance with Council Drawing SD016 and for adequate longitudinal fall in the street gutter to be maintained.

 

(39)     Garbage Room

 

The proposed garbage room must be provided with the following:

 

a)         A smooth concrete floor graded and drained to a floor waste connected to the sewer of the Water Board.

 

b)         The walls being cement rendered with the intersection of the walls and floor being coved to a radius of not less than 25mm.

 

c)         The door being close fitting to prevent the access of rats and mice.

 

d)         A cold water hose cock being provided for the cleaning of containers and the room itself.

 

e)         Ventilation being provided by means of direct connection to the outside air to the satisfaction of Council.

 

f)          A sign, minimum size 600mm x 600mm, directing residents not to place recyclables in garbage carts and encouraging residents to recycle.  Details of an acceptable wording for the sign are available from Council.

 

(40)     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.

 

(41)     Restriction on Hours of Excavation (other than single residential dwelling)

 

Despite the general hours of construction above,

 

a)         The hours where rock breaking, cutting, hammering and drilling occur shall be limited to 9:00am – 4:00pm on weekdays only.

 

b)         A noise management plan for the above works, prepared by a suitably qualified acoustical practitioner in accordance with the Interim Noise Construction Guidelines prepared by the Department of Environment & Climate Change NSW, must be submitted to Council prior to commencement of any excavation works.

 

(42)     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.

 

(43)     C440 – Oil/Silt Separator

 

An oil/silt separator sized to the catchment area must be specified on the Stormwater Detailed Plans and located downstream of the proposed basement car park and prior to discharge to councils stormwater system.

 

(44)     Letter Boxes

 

Suitable letter box facilities (including Owner's Corporation in the case of strata units) shall be provided in accordance with Australia Post specifications.

 

(45)     Car Wash

 

One (1) car wash bay shall be provided within the parking area. This space may also be used as a visitor space.

 

To ensure that wastewater is treated in an acceptable manner, the car wash bay shall be designed and constructed to ensure that wastewater is discharged to the sewer in accordance with the requirements of Sydney Water. Evidence of a permit issued by Sydney Water shall be submitted.

 

(46)     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.

 

(47)     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.

 

(48)     Building Finishes

 

The building finishes are to be constructed in accordance with the colour board and perspective submitted with the Development Application.

 

(49)     Allocation of Car Parking Spaces

 

A minimum of 30 off street car parking spaces shall be constructed, drained, marked and maintained at all times in accordance with the approved plans.  These spaces shall be allocated as follows:

 

a)         27 are to be allocated to the residential units.

b)         3 are to be allocated as visitor parking spaces.

 

(50)     Residential Car Parking Spaces

 

A minimum of one (1) unrestricted car parking space shall be allocated to each residential unit. Where a three (3) or more bedroom residential unit is provided within the development it is to be allocated two parking spaces in the first instance.

 

(51)     Visitor Parking

 

A directional sign shall be provided at the front of the site indicating the availability of visitor and/or customer parking on site.  Those visitor and/or customer spaces shall be marked or signposted.

 

(52)     Bicycle Parking

 

A minimum of nine (9) bicycle parking spaces shall be provided within the designated basement bicycle storage area. These spaces are to be designed as Class B facilities in accordance with Australian Standard AS2890.3 – 2015.

 

(53)     Tree Protection

 

Prior to the commencement of any works on the site the tree protection measures required for the established Tree Protection Zone (TPZ) of the trees to be retained shall be installed in accordance with Section 4 - Australian Standard AS 4970-2009 - Protection of trees on development sites.

 

Unless otherwise specified in AS 4970-2009 a protective fence consisting of 1.8m high fully supported chainmesh shall be erected around the base of the tree. The distance of the fence from the base of each tree is to be in accordance with the TPZ listed below. A layer of organic mulch 100 millimetres thick shall be placed over the protected area and no soil or fill should be placed within the protection area.

 

There shall be no services installed within the drip line TPZ of the tree. This fence shall be kept in place during demolition, construction and also have a sign displaying “Tree Protection Zone” attached to the fence, this must also include the name and contact details of the Project Arborist.

 

(54)     Tree Protection – Excavation

 

Excavations around the trees to be retained on site or the adjoining properties shall be supervised by the Project Arborist to ensure that the root system will not adversely be affected.

 

Where the Tree Protection Zone (TPZ) of trees on site or adjoining sites become compromised by any excavation works, the Project Arborist shall be consulted to establish the position of any major roots and determine the necessary measures to protect these roots. The recommendations of the Arborist shall be submitted to Council prior to any further demolition or construction works taking place.

 

Tree Protection Zone (TPZ) around the trees to be retained are not to have soil level changes or services installed in this area. Any structures proposed to be built in this area of the trees are to utilise pier and beam or cantilevered slab construction.

 

(55)     Tree Retention

 

The trees identified in the table below shall be retained and not damaged, pruned or removed without the prior approval of Council. These trees shall be protected in accordance with the requirements of Section 4 - Australian Standard AS 4970-2009 - Protection of trees on development sites.

 

Tree Species

Location of Tree/Tree No

TPZ

Eucalyptus microcorys

Street tree. Balfour St

                 10m

Eucalyptus microcorys

Street tree. Balfour St

                 10m

 

(56)     Tree Removal

 

The trees identified in the table below may be removed:

 

Tree Species 

Location on Site/Tree No

Work Required

2 x Eucalyptus species

27 Andover St

Remove

Hibiscus sinensis

27 Andover St

Remove

Cassia fistula

27 Andover St

Remove

Cupressus species

27 Andover St

Remove

Glochidion ferdinandi

29 Andover St

Remove

 

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 AS 4373-2007 - 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.

 

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.

 

(57)     Adaptable Housing Certification

 

Certification shall be provided by a person suitably accredited by the Association of Consultants in Access Australia, verifying that the development has been constructed in accordance with the requirements of AS4299 - Adaptable Housing and AS1428 - Design for Access and Mobility and in accordance with the report and checklist submitted with the Construction Certificate.

 

(58)     SEPP No 65 Certification

 

A design verification statement from a qualified designer shall be submitted verifying that the development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principals of State Environmental Planning Policy No. 65.

 

(59)     Completion of Landscaping

 

Certification shall be provided from a suitably qualified and experienced Landscape Designer or Landscape Architect.  This Certification shall verify that the landscape works have been completed in accordance with the approved detailed landscape plan and relevant conditions of this consent.

 

Note:   A Landscape Designer is a person eligible for membership of the Australian Institute of Landscape Designers and Managers and a Landscape Architect is a person eligible for membership of the Australian Institute of Landscape Architects as a Registered Landscape Architect.

 

(60)     Safety Mirror

 

A Convex safety mirror shall be installed in the south-west corner of the ground level carpark and the north-west corner of the basement carpark to improve driver visibility near the driveway ramps.

 

(61)     Consolidation of Lots

 

The lots covered by this development consent shall be consolidated into one lot and proof of registration of the consolidation shall be submitted to Council.

 

(62)     Section 73 Compliance Certificate

 

A Section 73 Compliance Certificate under the Sydney Water Act, 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Coordinator.  Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to “Water Servicing Coordinator” under “Developing Your Land” or telephone 13 20 92 for assistance.

 

Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid.  Please make early contact with the Coordinator, since building of water / sewer infrastructure can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority.

 

(63)     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.

 

(64)     Positive Covenant

 

A Restriction on Use of the land and Positive Covenant shall be created and registered on the title of the property, which places the responsibility for the maintenance of the on-site stormwater management system on the owner of the land. The terms of the instrument are to be generally in accordance with the Council’s standard terms and conditions for Restriction on Use of the land and Positive Covenant shown in Council’s Water Management Policy.

 

(65)     Maintenance Schedule

 

A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted to Council. 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.

 

(66)     Fire Safety Schedule

 

Certain items of equipment or forms of construction shall be nominated as "fire safety measures" within the building.

 

Upon completion of works, and before occupation of the building, each of the fire safety measures is required to be certified by an appropriately competent person (chosen by the owner of the building).  The certificate is to state that the measure was inspected and found to be designed, installed and capable of operating to a standard not less than that required by the relevant regulations.

 

Further, it is the responsibility of the owner of the building that each fire safety measure is again inspected and certified as to its condition every twelve (12) months following the submission to Council of the original certification.

 

(67)     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.

 

(68)     Compliance with the Building Code of Australia

 

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

 

(69)     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.

 

(70)     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.

 

(71)     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.

 

(72)     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.

 

(73)     Council Notification of Construction

 

The erection of a building which is the subject of a Development Consent must not be commenced until:

 

a)         Detailed plans and specifications of the building have been endorsed with a construction certificate by Council or an accredited certifier.

 

b)    the person having the benefit of the development consent has:

 

·    appointed a Principal Certifying Authority (PCA),and

·    notified Council (if Council is not the PCA) in writing of the appointment, and

·    given at least 2 days notice to Council of their intention to commence the erection of the building. The notice may be in writing or by phone.

 

SECTION G – Demolition Conditions

 

The following conditions are imposed to ensure the demolition associated with the proposed development is carried out having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment.

 

nil

 

END CONDITIONS

 

NOTES/ADVICES

 

(i)         Review of Determination

 

Section 82A of the Environmental Planning and Assessment Act confers on an applicant who is dissatisfied with the determination of the application the right to lodge an application with Council for a review of such determination.  Any such review must however be completed within 6 months from its determination.  Should a review be contemplated sufficient time should be allowed for Council to undertake public notification and other processes involved in the review of the determination.

 

Note: review provisions do not apply to Complying Development, Designated Development, State Significant Development, Integrated Development or any application determined by the Sydney South Planning Panel or the Land & Environment Court.

 

(ii)        Appeal Rights

 

Division 8 (Appeals and Related matters) Part 4 of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales.

 

(iii)       Lapsing of Consent

 

This consent will lapse unless the development is physically commenced within 5 years from the Date of Operation of this consent, in accordance with Section 95 of the Environmental Planning and Assessment Act 1979 as amended.

 

(iv)      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.

 

(v)       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.

 

(vi)      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.

 

(vii)     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.

 

(viii)    Disability Discrimination Act

 

This authorisation does not imply that the proposal complies with Disability Discrimination Act 1992.  The Proponent is responsible to ensure compliance with this and other anti-discrimination legislation.  The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS 1428.1 – Design for Access and Mobility.  AS1428 Parts 2, 3 & 4 provides the most comprehensive technical guidance under The Disability Discrimination Act 1992.

 

(ix)      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.

 

(x)       Property Address

 

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

 

 

 

ATTACHMENTS

Attachment View1

Site Analysis - 27 - 29 Andover Street Carlton

Attachment View2

North Elevation - 27 - 29 Andover Street Carlton

Attachment View3

South Elevation - 27 - 29 Andover Street Carlton

Attachment View4

East Elevation - 27 - 29 Andover Street Carlton

Attachment View5

West Elevation - 27 - 29 Andover Street Carlton

Attachment View6

Shadow Diagrams - 27 - 29 Andover Street Carlton

Attachment View7

Photomontage - 27 - 29 Andover Street Carlton

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.1                           27-29 Andover Street Carlton

[Appendix 1]           Site Analysis - 27 - 29 Andover Street Carlton

 

 

Page 49

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.1                           27-29 Andover Street Carlton

[Appendix 2]           North Elevation - 27 - 29 Andover Street Carlton

 

 

Page 50

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.1                           27-29 Andover Street Carlton

[Appendix 3]           South Elevation - 27 - 29 Andover Street Carlton

 

 

Page 51

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.1                           27-29 Andover Street Carlton

[Appendix 4]           East Elevation - 27 - 29 Andover Street Carlton

 

 

Page 52

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.1                           27-29 Andover Street Carlton

[Appendix 5]           West Elevation - 27 - 29 Andover Street Carlton

 

 

Page 53

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.1                           27-29 Andover Street Carlton

[Appendix 6]           Shadow Diagrams - 27 - 29 Andover Street Carlton

 

 

Page 54

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.1                           27-29 Andover Street Carlton

[Appendix 7]           Photomontage - 27 - 29 Andover Street Carlton

 

 

Page 55

 


Georges River Council – Independent Hearing and Assessment Panel Thursday, 21 September 2017

Page 56

 

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 21 September 2017

 

IHAP Report No

3.2

Application No

DA2016/279

Site Address & Ward Locality

18 Carlton Crescent Kogarah Bay

Kogarah Bay Ward

Proposal

Demolition of existing structures and construction of a multi-level dwelling, swimming pool and seawall

Report Author/s

Senior Planner, Kandace Lindeberg

Owners

Martin Said

Applicant

Tecton Group

Zoning

Zone R2 – Low Density Residential

Date Of Lodgement

16/12/2016

Submissions

 One (1) submission during notification period, one (1) submission outside notification period

Cost of Works

$1,012,242.00

Reason for Referral to IHAP

 Unresolved late submission relating to view loss

 

 

Recommendation

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

 

Site Plan

 

Executive Summary

 

Proposal

 

1.      Council is in receipt of an application for the demolition of the existing structures and construction of a two (2) storey dwelling house, inground swimming pool and reconstructed seawall on the subject site.

 

Site and Locality

 

2.      The subject site is located off the southern side of Carlton Crescent and has frontage to crown land adjoining Kogarah Bay.

 

3.      The land comprises a hatchet shape allotment with a 3.6m wide access handle that extends from Carlton Crescent to the main body of the lot.  The site has an overall area of 617m² comprising a width of approximately 15.24m and depth ranging from 69.23m and 30.265m throughout its main body. 

 

Zoning and Permissibility

 

4.      The site is zoned R2 – Low Density Residential under KLEP 2012 and the proposal is a permissible form of development with Council’s consent.  The proposed development satisfies all relevant objectives contained within the LEP. 

 

5.      The proposed development satisfies the objectives of the applicable DCP and complements the existing streetscape character.  However, the proposal does not comply with Councils controls for:

·   View Sharing

·   Foreshore Locality Controls – Amount of glazing to Foreshore

 

Submissions

 

6.      One submission was received during the notification period raising the following concerns:

 

·   Loss of Views

·   Loss of Property Values

 

7.      A late submission was received raising the following concerns:

 

·   Loss of Views

·   Loss of Property Values

 

Conclusion

 

8.      Having regard to the Heads of Consideration under Section 79C (1) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal Development Application No.279/2016 should be approved subject to the addition of the following specific conditions. 

 

Report in Full

 

Proposal

 

9.      Council is in receipt of an application for the demolition of the existing structures and construction of a two storey dwelling, swimming pool and seawall on the subject site.

 

10.    The dwelling house comprises two (2) levels, with the floorplate of the ground level split, stepping down with the natural slope of the site.  The ground floor level of the dwelling accommodates a two vehicle garage, bicycle storage, stairway access to the level above, study, media room, powder room, kitchen, dining, living, BBQ/outdoor living area and in-ground pool.  The upper level of the dwelling accommodates four (4) bedrooms including the master suite with private balcony, ensuite and wardrobe, a family bathroom and family room. 

 

11.    The dwelling features cement rendered and painted masonry and light weight clad external walls and feature walls, feature stone, glass balustrading and shallow pitched sheet metal roofing obscured from view at its perimeters by fascia boards and parapets.

 

The Site and Locality

 

12.    The subject site is located off the southern side of Carlton Crescent between Souter Street and Payten Street and has frontage to crown land adjoining Kogarah Bay.

 

13.    The land comprises a hatchet shape allotment with a 3.6m wide access handle that extends from Carlton Crescent to the main body of the lot.  The site has an overall area of 617m² comprising a width of approximately 15.24m and depth ranging from 69.23m and 30.265m throughout its main body.  The access corridor forms the driveway access to and from the site and extends through to a concrete ramp where watercraft access is obtained.

 

 

14.    The site is occupied by a single storey dwelling house comprising of fibro external walls and a gable pitched.  Between the dwelling and northern boundary of the site is an annex with a sheet metal roof containing a detached laundry, storeroom and single car garage.  Between the dwelling and southern boundary of the site is a turfed area contained by an eroding sandstone sea wall. 

 

 

View down access handle towards Kogarah Bay

 

 

Subject dwelling and access handle (driveway) and neighbouring dwelling (No. 18A) in the background

 

Background

 

15.    A history of the proposal is provided as follows:

 

·   The application was submitted on 20 December 2016.

 

·   The application was placed on exhibition, with the last date for public submissions being 9 February 2017.  One (1) submission was received from a nearby property during the notification period (16 Carlton Crescent).  Concerns raised in this submission relate to view sharing.

 

·   The applicant was requested by letter dated 13 January 2017 to address preliminary issues relating to cost of works, asbestos, development below the foreshore building line, foreshore development including the seawall and architectural plan details. 

 

·   The applicant by letter dated 7 February 2017 sought an extension of time to 28 February 2017 in which to respond to Council’s issues.  The applicant was advised by email that the request was acceptable.

 

·   The requested information was submitted on 9 February, 23 February and 26 February 2017 and referred onto the relevant officers including the Department of Primary Industry for comment.

 

·   On 6 April 2017, a meeting was held onsite with the adjacent property where the objection to the proposal originated.  A photo of the current view as obtained from the dining area was taken.

 

·   Numerous discussions were had with the applicant discussing the concerns relating to view loss raised by the submission from 16 Carlton Crescent, which resulted in the applicant being requested via email on 20 April 2017 to amend the plans to widen the eastern side setback with the purpose to enlarge the view corridor to Kogarah Bay from 16 Carlton Crescent.

 

·   A meeting was held in Council’s offices on 26 June, where various modifications to the original floor plan were discussed with a view to minimising the view loss experienced by the concerned neighbour.  Several discussions were subsequently held negotiating an appropriate outcome.

 

·   A late submission was received from an adjoining neighbour (18A Carlton Crescent) on 6 July 2017 raising concerns relating to view loss and devaluation of property.

 

·   The applicant provided amended plans on 11 August to address the concerns raised by 16 Carlton Crescent during the notification period.  The plans rearranged the upper level internal layout to increase the side setback a further 500mm and deleted architectural details to enable oblique views to be obtained across the balcony.

 

·   The nearby neighbour from 16 Carlton Crescent viewed the amended architectural plans at Council’s Customer Service on 18 August.  The amendments made to address view loss were favourably received.

 

Kogarah Local Environmental Plan 2012

 

Part 2 – Permitted or Prohibited Development

 

Clause 2.1 – Land Use Zones

 

16.    The subject site is zoned R2 – Low Density Residential and the proposal is a permissible form of development with Council’s consent and satisfies the objectives of the zone. 

Note: White star indicates origin of submission.  Blue star indicates origin of late submission

 

Part 4 – Principal Development Standards

 

Applicable LEP Clause

Development Standards

Development Proposal

Compliance/

Comment

4.1       Minimum subdivision Lot size

700sqm

617sqm

N/A

4.3       Height of Buildings

9.0m

8.5m

Yes

4.4       Floor Space Ratio

0.6:1

0.54:1

Yes

4.4A    Exceptions to Floor Space in R2

0.55:1

0.54:1

Yes

 

Part 5 – Miscellaneous Provisions

 

Clause 5.9 – Preservation of Trees or Vegetation

 

17.    The proposed development involves the removal of a non-native tree on the 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

 

18.    The subject site is not listed as a heritage item in Schedule 5, is not within a Heritage Conservation Area, nor are there any heritage items located nearby.

 

Part 6 – Additional Local Provisions

 

Clause 6.1 – Acid Sulfate Soils

 

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

 

Clause 6.2 – Earthworks  (KLEP 2012)

 

20.    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 (KLEP 2012)

 

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

 

Clause 6.4 - Limited Development on Foreshore Area

 

22.    The subject site is affected by a 7.6m foreshore building line (FBL) and therefore the provisions of this clause are applicable.  The proposed dwelling is contained wholly behind the foreshore building line, however building works are proposed within the foreshore area.

 

23.    The building works proposed within the foreshore area comprise an in-ground pool, pool fencing, sea retaining wall and a below ground rainwater tank.  With the exception of the rainwater tank, all works constitute development permissible below the foreshore building line.  A condition requiring the relocation of the rain water tank outside the foreshore area is therefore recommended. 

 

24.    Amended plans have lowered the pool by 300mm to reduce any unnecessary height of the retaining seawall and improve the visual appearance of foreshore development from the Bay.  The significance and amenity of the foreshore area of the subject site will not be unreasonably impacted and the development is consistent with the clause objectives.

 

STATE POLICIES

 

Environmental Planning and Assessment Act 1979

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

 

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

 

Deemed State Environmental Planning Policy – Georges River Catchment

 

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

 

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

 

27.    There are no draft planning instruments that are applicable to this site.

 

DEVELOPMENT CONTROL PLANS

 

28.    The proposed development is subject to the provisions of the Kogarah DCP 2013 (KDCP2013). The following comments are made with respect to the proposal satisfying the objectives and controls contained within the DCP.

 

Development Control Plan - Compliance Table

 

29.    The following table outlines the proposals compliance with the primary controls contained within the applicable Development Control Plan.

 

Performance Criteria

DCP Provisions

Proposal

Compliance / Comment

Building Scale

No of Storeys

2

2

Yes

No of Levels

2

2

Yes

Rhythm of Buildings

Setbacks

·    Front

·    FBL

·    Side (E)

·    Side (W)

 

-

7.8m

1.2m

1.2m

 

-

7.8m

1.7m

1.2m

 

Yes

Yes

Yes

Yes

Parking requirements

Residential

2

2

Yes

Other

Deep Soil Landscaping

15%

16.6% or 102.5sqm

Yes

 

Open Space

 

30.    The proposed development provides 102.5sqm (16.6%) of deep soil landscaping across the entire site.  A condition is recommended which will require the submission of a landscape plan that incorporates a replacement canopy tree and a vegetative buffer between the pool and the foreshore.  This will add a necessary softness to the dwelling’s hard external appearance. 

 

31.    The proposed development provides its principal private open space along the foreshore and includes a swimming pool and terraced areas.  The location and nature of the private open space provided is considered acceptable subject to conditions which increase the landscaping along the foreshore.

 

Vehicular access, Parking and Circulation

 

32.    The proposal provides vehicle access via an access handle from Carlton Crescent.  A parking area capable of accommodating two vehicles is located in the north western corner of the site.  Adequate manoeuvring area adjacent to the garage is provided to ensure vehicles can exit the site in a forward direction.

 

Privacy

 

33.    The proposal is well resolved with respect to fenestration and setbacks.  Direct overlooking from windows off habitable rooms to adjoining properties is minimised by either offsetting or realigning the orientation of the windows.  The master bedroom balcony is orientated to the rear with fixed privacy screening to the side elevation to avoid direct overlooking towards 16A Carlton Crescent.  A condition deleting the proposed balcony off bedroom 3 and 4 is to be imposed as the orientation of the balcony encourages direct overlooking of the adjoining property to the north of the site (18A Carlton Crescent).  Due to the limited landscaping provided on site, the condition will require the balcony area to be converted into a landscaped roof. 

 

Solar Access

 

34.    The southeast/northwest orientation of the site results in shadow being cast on the 21 June over the private open space of the subject site and the garage of the adjoining property (22A Carlton Crescent) located to the southwest.  Given the orientation, overshadowing of some degree is unavoidable, particularly where the neighbour has benefited from increased solar access along its northern elevation, due to the subject site being underdeveloped and of single storey form. 

 

35.    The shadow cast is considered acceptable as it does not affect more than 50% of private open spaces or living areas for more than 3 hours in the day (being at the 9am shadow), which complies with Councils development controls contained within the DCP.  It should also be noted that the dwelling is low set, 500mm below the maximum height limit which results in a marginal improvement to the shadowing impact of the proposed dwelling.  Notwithstanding the orientation, size and scale of adjoining waterfront dwellings, each property is considered to cast significant shadows both onto their own site and their neighbouring southern property.

 

Views and View Sharing

 

36.    The owner of the adjoining residential property (16 Carlton Crescent, Kogarah Bay) immediately upslope and to the north of the site raises concerns over the impact of the new dwelling, specifically the new upper floor level upon the panoramic views of Kogarah Bay and opposite foreshore currently enjoyed from the dining area at the rear of the dwelling house.  A submission was received from the adjoining residential property (18A Carlton Crescent, Kogarah Bay) also upslope and north-west of the subject site.  The submission raises a general concern regarding loss of views.  

 

37.    The low density housing provisions of KDCP 2013 relating to views and view sharing prescribes that ‘development is to provide for the reasonable sharing of views’.  The underlying objective of this control is to minimise view loss from adjoining or nearby properties, whilst still recognising the development potential of a site.  These provisions also prescribe that applications will be assessed with reference to the view sharing principle established by the Land & Environment Court.

 

38.    In Tenacity Consulting Pty Ltd v Warringah (2004 NSWLEC 140), Senior Commissioner Roseth in establishing the planning principle 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’

 

39.    An assessment of the proposal in terms of whether it provides for the reasonable sharing of views with respect to the objector’s dwelling (16 Carlton Cres) is provided as follows, based on the above planning principle.

 

40.    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.

 

41.    The proposal affects close to long distance views obtained from the main living level (first floor) at the rear of the dwelling across the waterways of Kogarah Bay towards the opposite foreshores of Sans Souci (refer to photographs below) in a southerly direction.  The views are unconstrained views at present due to the single storey dwelling which exists on the subject site.  They comprise semi-urban views of multi-storey dwellings with waterside ancillary development on the opposite side of the Bay (south east) and distant water views to the south west. 

 

42.    The views are of a high value due to their panoramic nature and land/water interface.  Their value is enhanced by their varying qualities depending on the direction of the outlook, noting that the view to the southwest towards Georges River has considerable depth and interest including a close view of the immediate eastern foreshores of the adjacent Bay.

 

Photo 1: South easterly view from ‘standing position’ in the dining room (no.16 Carlton Crescent)

 

Photo 2: South easterly view from ‘sitting position’ in the dining room (no.16 Carlton Crescent)

Photo 3: South easterly view from ‘sitting position’ in lounge

Photo 4: Southerly view from ‘standing position’ in lounge

Photo 5: South westerly view from ‘standing position’ on rear balcony (no. 16 Carlton Crescent)

 

43.    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.

 

44.    The views of principal concern as detailed in the submission are those obtained from the dining area (photo 1 and 2) located on the first floor main living level at the rear of the dwelling.  These views are obtained across the rear boundary and portions of the western side boundary of the objector’s property from both sitting and standing positions.

 

45.    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.

 

46.    The objector’s property enjoys filtered views across side and rear boundaries in a south easterly, southerly and south westerly direction from the rear dining and living areas of their dwelling and balcony.  Views of the water are obtained over the roof of the existing single storey dwelling and a land/water interface view is obtained through a generous eastern side setback.  The extent of the impact varies considerably depending on the vantage point chosen.

 

47.    In assessing the extent of view impact, regard has been given to mapping and survey information available within Council’s records.  From the vantage point of the dining room, the proposed new upper floor level and increased building footprint will ultimately diminish much of the view of the land-water interface and foreshores opposite across the Bay.  Unencumbered views across side boundaries are unlikely to be retained.  Notwithstanding, the direct view over the rear boundary (south-east over the adjoining dwelling at no.16A Carlton Crescent) will be unaffected due to the angle at which the objector’s dwelling is located. 

 

48.    As view corridors are being maintained either side of the new upper floor level, the impact from the vantage point of the dining room is deemed to be moderate to severe, depending on the position of the viewing point.

 

49.    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.

 

50.    The original proposal was considered unreasonable in terms of the view sharing principles as the new upper floor level was to extend across the entire width of the site (within the envelope of minimum side setbacks) occupying a substantial footprint and encroaching upon a generous side setback and existing view corridor along the eastern side of the subject site.  The addition has been revised in so that the new upper floor level is setback from the eastern boundary an additional 500mm.  The heavy architectural detailing along the western elevation and the extent of the upper floor balcony overhang has been removed to open up oblique views over the glass balustrade and through fixed angled louvres from the elevated living and dining areas of the objector’s property. 

 

Original

Revised (heavy architectural features removed)

 

51.    The overall height and scale of the dwelling is not unreasonable having regard to the surrounding context of neighbouring dual level homes.  The proposal provides a flat roof design with restrained floor to ceiling heights within the dwelling.  The proposal provides a compliant built outcome, sitting beneath the maximum 9m height development standard prescribed by KLEP 2012. 

 

52.    It is important to note, there are no reasonable alternatives to the proposal that would still afford the applicant with the same amenity given the single storey scale of the existing dwelling.  The site contains a dilapidated dwelling and is highly susceptible to any development.  Having regard to the circumstances, the proposal is deemed reasonable.

 

53.    Upon conclusion, whilst it is accepted that the views enjoyed from the rear indoor and outdoor living areas on the upper level of the existing dwelling located upslope and to the east of the site will be obstructed to varying degrees, it is not accepted that the associated impact will be devastating as suggested by the objector.  At worst, the impact on views will be moderate to severe, depending on the position of the vantage point.  Views of the adjacent waterways and foreshores opposite across the Bay and the main channel of Georges River to the southwest will still be maintained over the top and on the eastern side of the new dwelling to a reasonable extent.  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 and Environment Court.

 

Ancillary Structures

 

54.    The proposed development is subject to the specific controls for ancillary structures contained within the DCP.  The following comments are made with respect to the proposal satisfying the relevant objectives and controls.

 

Swimming Pools, Spas & Associated Enclosures

55.    The proposal involves the construction of a 13.1sqm, quadrangular swimming pool at the rear of the site.  The pool has been lowered in a revised submission to sit at natural ground level and below the outdoor living area.  The pool is setback 900mm from the rear boundary/MHWM and 1500mm from the western boundary.  These setbacks comply with Council’s minimum setback standards to boundaries (900mm to coping and 1.5m to water).

 

Foreshore Locality Plan – Kogarah Bay (North West)

 

56.    The subject site is located within Foreshore Locality Kogarah Bay (North West) and any design for a development within in the locality must have regard to the provisions of Section C4 – Foreshore Locality Controls of KDCP 2013.

 

57.    The site is located within mapping area 3(a) and the following objectives and controls for the proposed development are considered relevant and the following comments are made:

 

Land Based Development

 

58.    The proposal incorporates a curtain wall of glazing fronting the foreshore.  The double height glazing projects from the southern elevation of the dwelling adding dimension and compartmentalizing the impact of a flat glazed façade.  The waterfront elevation incorporates a reasonable balance of solid walls to glazed areas despite the proportion of glazed area to solid area on the façade to the waterfront being approximately 55% and exceeding the maximum control (50%).  The curtain glazing optimizes opportunity for natural lighting within the internal void of the living areas.  Its south facing orientation generates minimal reflectivity, is of low glare and the use of complementary colours and finishes recede the waterfront façade into the background landscape. 

 

Water and Land Interface Development

 

59.    The proposal involves reconstruction of the existing eroding seawall.  The proposed seawall protects the natural landforms of the site and protects native vegetation and landscaping close to the water’s edge.

 

Section 94A Contributions

 

60.    The proposed development requires the payment of $10,122.42 of Section 94A contributions under the provisions of the Georges River Section 94A Plan based on the determined cost of works of $1,012,242.

 

Prescribed Matters

 

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

 

Environmental, Social and Economic Impacts

 

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

 

Suitability of the site

 

63.    It is considered that the proposed development is of a scale and design that is suitable for the site having regard to its size and shape, its topography, vegetation and relationship to adjoining developments.

 

Submissions

 

64.    In accordance with the provisions of Council’s notification requirements, the application was placed on neighbour notification for a period of fourteen (14) days where adjoining property owners were notified in writing of the proposal and invited to comment. There were a total of two (2) submissions received, one (1) submission during the notification period and one (1) late submission.  These submissions raise the following concerns.

 

Issue 1 - View Loss

 

65.    Significant concerns are raised over the impact of the new dwelling upon the views currently enjoyed from the existing dwelling houses located upslope on the adjoining properties immediately to the north and north west.  Both submissions contend that the proposed dwelling unduly obstructs existing views.

 

Comment:

 

66.    16 Carlton Crescent - Council assessment staff have visited the site to which the objection originated and taken photos of the views currently experienced.  As a view gained from this property is obtained across side boundaries and over a single storey dwelling, it is unlikely that this view could be retained forever.  A reduction in the viewing corridor will occur as a result of the construction of the proposed development, however this is considered reasonable given the nature and degree of views.  Furthermore, the application has been assessed against the planning principles in Tenacity Consulting Pty Ltd v Warringah (2004 NSWLEC 140), and is deemed acceptable.

 

67.    18A Carlton Crescent – Council was unable to investigate and resolve the concerns raised in the submission due to the time which the objection was submitted.

 

Issue 2 - Devaluation of Property

 

68.    Both objections raise concerns that, as a result of the construction of the development, the property value of their dwelling will decrease.

 

Comment:

 

69.    There is no evidence to suggest that there would be a loss in property values as a result of the construction of the proposed development.  Further, loss in property value as a result of the proposal cannot be reasonably assessed and is not a matter for consideration under the provisions of Section 79C of the Environmental Planning and Assessment Act 1979.

 

Mediation/Public Meeting

 

70.    The objector (16 Carlton Cres) was contacted on several occasions by Council’s assessment officer and met on site where the concerns regarding view loss were discussed in detail.  The amended plans which set the first floor in 500mm and removed the heavy architectural detailing were presented and reviewed by the objector in Council’s offices.  The amendments made to the plan were considered satisfactory and accepted.

 

71.    Due to the late receipt of the objection from (18A Carlton Cres), mediation to resolve the concerns raised was not reached.  The concerns regarding view loss remain un-investigated and unresolved.

 

Public Interest

 

72.    The proposed development is of a scale and character that does not conflict with the public interest.

 

Consultation – Internal and External Referrals

 

Internal Referrals:

 

73.    The application was referred to Council’s Landscape, Stormwater and Traffic Engineers for assessment and comment.  Comments were generally supportive of the proposal as amended and recommended conditions of consent were provided.

 

External Referrals:

 

74.    The works proposed to the seawall required the application be referred to the Department of Primary Industries as the development constituted Integrated Development.   A response in support of the application was received which recommends a number of conditions of consent.

 

Conclusion

 

75.    The application has been assessed having regard to the Heads of Consideration under Section 79C of the Environmental Planning and Assessment Act 1979, the provisions of the relative State Environmental Planning Policies, Local Environmental Plans and Development Control Plans. 

 

76.    Following detailed assessment it is considered that Development Application No (DA 279/2016) should be approved subject to 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 Plan Numbers 1.2, -1.6, 2.1 – 2.6, Revision D, prepared by Tecton Group dated 20.07.2017

 

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  $  3,542.00

·    Section 94A Contributions of               $10,122.42

 

*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 $3,542.00 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)       Revised Landscape Plan

 

The landscape plan prepared by Zenith Landscape Designs shall be revised having regard to the requirements of section B2 – Tree Management and GreenWeb of Kogarah Development Control Plan 2013.

 

(a)       The amendments made to the approved architectural plans.

 

(b)       A vegetation buffer between the pool and foreshore and above the area affected by the drainage easement;

 

(c)        A reduction in impervious paving to increase deep soil landscaping on site by a further 46sqm (minimum);

 

(d)       A replacement canopy tree with a minimum pot size 75 litres.

 

The revised landscape plan shall be prepared by a landscape designer or landscape architect.

 

Note: A Landscape Designer is a person eligible for membership of the Australian Institute of Landscape Designers and Managers and a Landscape Architect is a person eligible for membership of the Australian Institute of Landscape Architects as a Registered Landscape Architect.

 

Certification to this effect shall be provided by an accredited certifier.

 

(7)       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.

 

(8)       Dilapidation Report for Carriageway

 

Prior to the issue of any construction certificate or commencement of demolition or earthworks 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 carriageway servicing the property.

 

(9)       Detailed Stormwater Concept 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 prior to the issue of a Construction Certificate. The required details in this Plan and the relevant checklist are presented in Council’s Water Management Policy.

 

The design parameters and the general concept of the proposed on-site stormwater management system are to be the same as documented in the approved Concept Stormwater Plan for the proposed development. Any conceptual variations to the stormwater design will require written approval from Council and will require to be justified and supported by appropriate details, calculations and information to allow for proper assessment.

 

The Detailed Stormwater Plan is to address the following issue(s):

 

a)   An energy dissipating structure at the point of discharge is to be provided on a Detailed Stormwater Plan. Discharge from the site must be via a single discharge point. For more information on Kogarah City Council’s policies for discharging stormwater directly into bays and reserves, the applicant should refer to Kogarah City Councils Water Management Policy Practice Note 1 "Site Drainage and Flood Management" particularly section 6.2 "Discharge to Natural Areas." The energy dissipating structure is to be completely within the property.

 

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.

 

(10)     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.

 

(11)     Sydney Water (DA & CC)

 

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.

 

(12)     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.

 

(13)     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.

 

(14)     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.

 

(15)     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.

 

(16)     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.

 

(17)     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.

 

(18)     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.

 

(19)     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

 

(20)     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.

 

(21)     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.

 

(22)     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.

 

(23)     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.

 

(24)     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'.

 

(25)     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.

 

(26)     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.

(27)     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.

 

(28)     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.

 

(29)     Pollution Control

 

Silt curtains or silt booms are to be installed during the construction of the proposed development to prevent the escape of turbid plumes into the waterway. The silt curtains or silt booms are to be designed to accommodate tidal fluctuations and are to be inspected daily to ensure that they are operating effectively.

 

(30)     Stormwater Drainage

 

All roof water and surface water from paved or concreted areas being disposed of to the street gutter by means of a sealed pipeline constructed in accordance with AS/NZS 3500.3.2.  The line must pass through a silt arrestor pit, a standard design is available within Council’s Water Management Policy.

 

(31)     No Offensive Noise

 

To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to “offensive noise” as defined under the provisions of the Protection of the Environment Operations Act 1997.

 

(32)     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.

 

(33)     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.

 

(34)     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.

 

(35)     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.

 

(36)     Swimming Pool/Spa shall be Fenced

 

The proposed swimming pool and/or spa shall be fenced and constructed in accordance with the Swimming Pools Act, 1992 and the Swimming Pools Regulation 2008. If required, you may confer with Council for assistance with respect to the location of pool fencing.

 

(37)     Pool Filter/Pump no Offensive Noise

 

Pool plant and equipment shall be enclosed in a sound absorbing enclosure or installed within a building to minimise noise emissions and possible nuisance to nearby neighbours.

 

The pool plant and equipment shall not be operated during the following hours if noise emitted can be heard within a habitable room in any other residential premises or as otherwise stated in the Protection of the Environment Operations (Noise Control) Regulation 2008:

 

·    Before 8:00am or after 8:00pm on any Sunday and public holiday;

·    Before 7:00am or after 8:00pm on any other day.

 

(38)     Building Finishes

 

The building finishes are to be constructed in accordance with the colour board and perspective submitted with the Development Application and include the following:

 

External Wall (Masonry): Concrete or similar

External Feature Wall (VM Zinc): Fish Scale Pattern or similar

External Feature Wall (Trespa): Bleached Pine or similar

External Feature Wall (Tile)

Roof (Colorbond) Woodland Grey or similar

Roof (Zinc) Dark colour

Garage Door (Glazed): Obscure Glass

 

(39)     Tree Removal

 

The trees identified in the table below may be removed:

 

Tree Species 

Location on Site/Tree No

Work Required

Cypress Pine

18 Carlton Crescent/ 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 AS 4373-2007 - 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.

 

(40)     Tree Replacement

 

One (1) indigenous canopy tree is to be planted within the subject site and not within 3 metres of any existing or proposed structures. The replacement tree/s should 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.

 

(41)     Natural Features

 

All natural landscape features including trees and other vegetation, natural rock outcrops, soil and watercourses shall remain undisturbed except where affected by necessary works detailed on approved plans;

 

(42)     Reuse of natural rock / sandstone

 

Excavation of natural rock / sandstone (modify as required) shall be reused on site, being incorporated into the landscaping scheme without interruption to existing/proposed trees and natural rock features that are to be retained. Natural rock / sandstone retaining walls shall be designed by a qualified structural engineer.

 

(43)     Part 7 Permit

 

The proponent must apply for and obtain a Part 7 permit for dredging and reclamation under the FM Act from DPI Fisheries for the reconstruction of part of the seawall at this site prior to any works on site.  Permit application forms are available from DPI Fisheries website.

 

(44)     Use of Environmental Safeguards

 

Environmental safeguards (silt curtains, booms etc) are to be used during construction to ensure that there is no escape of turbid plumes into the aquatic environment.  Turbid plumes have the potential to smother aquatic vegetation and have a deleterious effect on benthic organisms.

 

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.

 

(45)     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.

 

(46)     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.

 

(47)     Compliance with the Building Code of Australia

 

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

 

(48)     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.

 

(49)     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.

 

(50)     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.

 

(51)     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.

 

(52)     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.

 

(53)     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

 

NOTES/ADVICES

 

(i)    Review of Determination

 

Section 82A of the Environmental Planning and Assessment Act confers on an applicant who is dissatisfied with the determination of the application the right to lodge an application with Council for a review of such determination.  Any such review must however be completed within 6 months from its determination.  Should a review be contemplated sufficient time should be allowed for Council to undertake public notification and other processes involved in the review of the determination.

 

Note: review provisions do not apply to Complying Development, Designated Development, State Significant Development, Integrated Development or any application determined by the Sydney South Planning Panel or the Land & Environment Court.

 

(ii)   Appeal Rights

 

Division 8 (Appeals and Related matters) Part 4 of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales.

 

(iii)  Lapsing of Consent

 

This consent will lapse unless the development is physically commenced within 5 years from the Date of Operation of this consent, in accordance with Section 95 of the Environmental Planning and Assessment Act 1979 as amended.

 

(iv)  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.

 

(v)   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.

 

(vi)  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.

 

(vii)      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.

 

(viii)     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.

 

(ix)  Property Address

 

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

 

 

 

ATTACHMENTS

Attachment View1

Proposed Roof and Site Plan-18 Carlton Cr Kogarah Bay

Attachment View2

Waterfront South Eastern Elevation -18 Carlton Cr Kogarah Bay

Attachment View3

North Eastern Elevation-18 Carlton Cr Kogarah Bay

Attachment View4

South Western Elevation-18 Carlton Cr Kogarah Bay

Attachment View5

North Western Elevation-18 Carlton Cr Kogarah Bay

Attachment View6

Pool Details-18 Carlton Cr Kogarah Bay

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.2                           18 Carlton Crescent Kogarah Bay

[Appendix 1]           Proposed Roof and Site Plan-18 Carlton Cr Kogarah Bay

 

 

Page 88

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.2                           18 Carlton Crescent Kogarah Bay

[Appendix 2]           Waterfront South Eastern Elevation -18 Carlton Cr Kogarah Bay

 

 

Page 89

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.2                           18 Carlton Crescent Kogarah Bay

[Appendix 3]           North Eastern Elevation-18 Carlton Cr Kogarah Bay

 

 

Page 90

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.2                           18 Carlton Crescent Kogarah Bay

[Appendix 4]           South Western Elevation-18 Carlton Cr Kogarah Bay

 

 

Page 91

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.2                           18 Carlton Crescent Kogarah Bay

[Appendix 5]           North Western Elevation-18 Carlton Cr Kogarah Bay

 

 

Page 92

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.2                           18 Carlton Crescent Kogarah Bay

[Appendix 6]           Pool Details-18 Carlton Cr Kogarah Bay

 

 

Page 93

 


Georges River Council – Independent Hearing and Assessment Panel Thursday, 21 September 2017

Page 94

 

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 21 September 2017

 

IHAP Report No

3.3

Application No

DA2016/0192

Site Address & Ward Locality

26 Llewellyn Street Oatley

Peakhurst Ward

Proposal

Boundary adjustment to approved subdivision and construction of attached dual occupancy on battleaxe lot

Report Author/s

Senior Development Assessment Officer, Paula Bizimis

Owners

Ms Lumb

Applicant

Whinphil Pty Ltd

Zoning

Zone R2 - Low Density Residential

Date Of Lodgement

20/07/2016

Submissions

Three (3)

Cost of Works

$1,405,550.00

Reason for Referral to IHAP

Variations to Hurstville DCP 1 and submissions received

 

 

Recommendation

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

 

 

 

Site Plan

 

Executive Summary

 

Proposal

1.         The application seeks approval for a boundary adjustment of an approved subdivision and construction of a multi storey attached dual occupancy on the battleaxe lot.

 

Site and Locality

 

Site Frontage:

20.115m

Site Depth:

44.925m on shortest depth of battleaxe lot

Site Area:

1143.9sqm

Topography:

Slope to the rear of the site

Existing development:

Single storey dwelling house located approximately 25m from the Llewellyn St front boundary

Special Features:

(eg. Easements, trees, carriageways etc.)

Proposed dual occupancy on a battleaxe lot with slope to the rear of the site which adjoins the Georges River

 

Zoning and Permissibility

2.         The proposed development is permissible in the zone and complies with the development standards relating to dual occupancy development. The proposed development has been assessed against the requirements of the Hurstville Development Control Plan No 1 and seeks variation to the requirements relating to external wall height, floor height above finished ground level and excavation.

 

Submissions

3.         The application was notified/advertised to nine (9) residents/owners in accordance with Council’s requirements and three (3) submissions were received in reply. Amended plans were notified to residents who lodged a submission and in response two (2) submissions were received in reply (from the same residents as the original submissions). The issues raised in the submissions include, non-compliance with the requirements of DCP1, overshadowing, view loss, issues relating to stormwater and sewerage.

 

Conclusion

4.         Having regard to the Heads of Consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal Development Application No DA2016/0192 should be approved subject to conditions of consent.

 

Report in Full

 

Proposal

5.         The application seeks approval for the boundary adjustment of an approved subdivision and construction of a multi storey attached dual occupancy on the battleaxe lot.

 

The applicant has amended the proposal from that originally lodged to address issues raised in the assessment of the application and in resident submissions. The amendments undertaken to the plans include:

 

•       Reduction in the height of the development to maximum 7.08m for Building B (northern dwelling) a and maximum 8.48m for Building A (southern dwelling)

•       Reduction in the lower ground floor level so that access to the private open space area (rear yard) is at existing ground level or one step lower

•       Reduction in the width of the balconies on the rear elevation (ground floor) and provision of privacy screens on the side elevations

•       Provision of high sill windows to the side elevation on ground floor of both dwellings

•       Provision of view diagrams identifying that the amended development will not restrict views to the waterway

•       Provision of a Preliminary Acid Sulfate Soil Assessment

•       Site plan identifying that existing trees will be retained.

 

Details of the development, as amended are as follows:

 

Lower ground floor

Building A

This level will contain a tv room, master bedroom with ensuite, three (3) bedrooms, bathroom, laundry, wc, stairs to the ground floor. A terrace is located on the rear elevation with access off the master bedroom and tv room.

 

Building B

This level will contain a media/rumpus room, two (2) bedrooms, bathroom, laundry, and stairs to the ground floor. A terrace is located on the rear elevation with access off the media room.

 

Ground floor plan

Building A

This level will contain the entry to the dwelling, double garage, study/office, storeroom, bathroom, living//dining room, kitchen, and stairs to the lower ground floor. A balcony is located on the rear elevation with access off the living room and dining room.

 

Building B

This level will contain the entry to the dwelling, double garage, under stair storage, bathroom, living//dining room, kitchen, and stairs to the lower ground floor and first floor. A balcony is located on the rear elevation with access off the living room and dining room.

 

First floor plan

Building B

The first floor of Building B will contain master bedroom with bathroom and walk-in-robe, bedroom, bathroom, stairs to the ground floor.

 

Boundary adjustment

The application includes a boundary adjustment of the subdivision approved under 01/DA-227. The boundary adjustment is proposed so that Lot 352 where the dual occupancy will be located, will have an area of 1143sqm (1031sqm excluding access handle). The boundary adjustment will result in the following lots:

 

 

Frontage/width

Site area

Access handle

Lot 351 (front lot)

17.115m

641.8sqm

-

Lot 352 (battleaxe lot that will contain dual occupancy)

20.115m

1143.9sqm (1031.4sqm excluding access handle)

3m

 

The Site and Locality

6.         The subject site is located on the north western side of Llewellyn Streey, Oatley, and is legally described as Lot 35, Section 29, DP 5510. The subject site has a frontage of 20.115m to Llewellyn Street and a rear boundary of 23.79m to the Georges River. The site is located within the foreshore scenic protection area and is subject to a foreshore building line 15m from the mean high water line.

 

Existing on the site is a single storey weatherboard clad dwelling house located approximately 25m from the Llewellyn St front boundary and will be located on proposed Lot 351. Vehicular access to the existing dwelling house is via a 3m wide driveway which runs along the north eastern boundary of the site.

 

The site has a fall of approximately 3.5m from Llewellyn St to the front of the existing dwelling house. The site slopes from the street frontage to the rear of the site (Georges River) but also has a cross slope from north to south. Proposed Lot 352 (the area of the proposed development) has a significant slope to the rear of the site of approximately 9m. There are a number of trees and shrubs on the site in front of the existing dwelling house and also to the rear of the site. The slope of the land and the existing vegetation on the front of the site obscures the view of the existing dwelling house from the street.

 

The subject site is connected to Sydney Water’s reticulated water system and sewerage system and Energy Australia electricity grid. The subject site contains a stormwater pipe which runs along the south western boundary of the site from the front property boundary to approximately 40m where the pipe ends and the stormwater discharges towards the Georges River.

 

Adjoining the site on the northern boundary is 24 and 24A Llewellyn Street which is a battleaxe subdivision with a part one/part two storey dwelling located at the front lot (24 Llewellyn Street) and a two (2) storey at the rear lot (24A Llewellyn Street). The battleaxe lot is serviced by an access handle which is adjacent to the common boundary with the subject site. Adjoining the site on the southern boundary is 28 Llewellyn Street which contains a part one/part two storey dwelling which is obscured from the street due to the topography of the site.

 

This side of Llewellyn Street is characterised by one (1) and two (2) storey dwellings that are lower than the street. The opposite side of Llewellyn Street is characterised by dwellings which are two (2) and three (3) storeys in height. Llewellyn Street is also characterised by battleaxe allotments with dwellings at the front of the site and on the rear battleaxe allotments.

 

 

 

View of site from street (source: SEE)

 

Looking to the rear of the site (source: SEE)

 

Background

7.         The subject site has been approved to be subdivided into two lots as follows:

·        On 15 May 2001 Council approved Development Application No. 01/DA-227 for the subdivision of the existing lot into two lots. Lot 351 has a frontage to Llewellyn Street and an area of 1032sqm and retains the existing dwelling house. Lot 352 is a battelaxe lot at the rear of lot 351 with an area of 753sqm and a 3m wide access handle adjoining the northern boundary of lot 351.

·        The above development consent has been acted upon and the works completed. On 11 May 2004 Council advised the applicant that physical commencement of 2001/DA-227 had occurred.

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012  

 

Part 2 – Permitted or Prohibited Development

 

Clause 2.1 – Land Use Zones

8.         The subject site is zoned R2 – Low Density Residential under the Hurstville Local Environmental Plan 2012 and the proposed development is permissible in the zone with the consent of Council. The proposed development complies with the zone objectives.

 

 

Part 4 – Principal Development Standards

9.         The relevant clauses of the Hurstville Local Environmental Plan 2012 which apply to the proposed development are detailed below.

 

Clause

Standard

Assessment Under HELP 2012

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

The development is consistent with the aims of the plan

Yes

1.4 - Definitions

“Dual occupancy”

The proposed development is defined as a dual occupancy

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of R2 Zone

 

Development must be permissible with consent

Development meets objectives

 

Is permissible development with consent

Yes

2.7 - Demolition

Demolition is permissible with consent

Demolition is not proposed with this application

N/A

4.1A – Minimum lot size for dual occupancies and multi dwelling housing

Dual occupancy – 630sqm if land identified as “G” on lot size map; 1000sqm if land identified as “K” on lot size map

Land is identified as “G” on the lot size map which requires 1000sqm of site area. Dual occupancy = 1031.4sqm (excluding access handle)

Yes

4.1B – Exception to minimum sizes for dual occupancies

Subdivision may be granted if there is a dual occupancy and after the subdivision there will only be 1 dwelling per lot

Subdivision is not proposed with this application

N/A

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

8.48m maximum

Yes

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

0.4:1

Yes

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

In accordance with Cl. 4.5

Yes

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP No.1

The trees located on the subject site will be retained. Some shrubs located within the building footprint will be removed. 

Yes

6.1 – Acid Sulfate Soils*

Acid Sulfate Soils Management Plan must be prepared

The subject site is identified as being within Class 5 of the Acid Sulfate Soil (ASS) Map. The applicant has submitted a Preliminary ASS assessment prepared by EMM Consulting (dated 5 April 2017). The report concludes that the excavation proposed for the development is unlikely to disturb ASS and recommends treatment of the soil at the construction stage.

Yes 

6.3 – Limited development on foreshore area (foreshore area means the land between the foreshore building line and the mean high water mark of the nearest natural waterbody)

Only extension, alteration, or rebuilding of existing buildings; if site features make it appropriate; boatshed, pools or other recreational facilities

No development in the foreshore area

N/A

 

Matters to which Council must be satisfied

The proposed development satisfies these requirements

Yes

6.4 – Foreshore Scenic Protection Area (FSPA)

Objectives of clause

The proposed development is consistent with the objectives of clause 6.4

Yes

 

Matters for consideration:

Impact on topography and vegetation, visual impact; environmental heritage; maintenance of dominance of landscape over built form

 

The proposed development has been assessed against the matters for consideration and is considered acceptable. The visual impact of the development is acceptable. This is discussed further in the report. The proposed design and external materials and finishes are acceptable. Trees located on the site will be retained.

 

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 available to this land

 

 

-Stormwater can drain from the site. Council’s development Engineer has provided conditions of consent to be attached to any consent granted. 

 

-Access handle from Llewellyn St to be used (standard conditions for the submission of separate vehicular crossing application and driveway design)

Yes

 

*Works within 500m of adjacent Class 1, 2, 3 or 4 land that is below 5m Australian Height Datum and by which the watertable is likely to be lowered below 1m Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.

 

STATE POLICIES

 

Environmental Planning and Assessment Act 1979

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

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

State Environmental Planning Policy 55 – Remediation of Land

Yes

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

Yes

 

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

11.       There are no draft planning instruments that are applicable to this site.

 

DEVELOPMENT CONTROL PLANS

12.       The proposed development is subject to the provisions of the Hurstville Development Control Plan No 1 (DCP). The following comments are made with respect to the proposal satisfying the objectives and controls contained within the DCP.

 

Development Control Plan - Compliance Table

13.       The following tables outline the proposals compliance with the primary controls contained within the applicable DCP.

 

Development Control Plan No 1 - LGA Wide – Section 3.1 Vehicle Access, Parking and Manoeuvring

14.       The extent to which the proposed development complies with the car parking provisions is outlined in the table below.

 

Development

Requirements

Proposed

Complies

3.1.4.2(a) – Layout

AS2890.1 – Minimum dimensions for 2 car spaces

Two car spaces provided for each dwelling. Dimensions are appropriate.

Yes

 

 

 

3.1.2.1(4) – Ramps, transitions and driveways

AS2890.1 – Maximum driveway gradient = 1 in 4 (25%)

 

Minimum headroom at a grade change (driveway and underside of the front balcony) = 2.2m

Compliance with the relevant Australian Standard is achieved.

 

Ramp grade section submitted which complies.

Yes

 

Development Control Plan No 1 - LGA Wide – Section 3.4 Crime Prevention through Environmental Design

15.       The extent to which the proposal complies with the requirements of this section of DCP1 is outlined in the table below.

 

CPTED

Requirement

Proposed

Complies

3.4.1.1 – Fencing

Front fence: preferred height of 1m

No fencing proposed

N/A

3.4.1.4 – Entrances

Clearly visible and not confusing

Entrance is clearly visible

Yes

3.4.1.5 – Site and building layout

-Provide surveillance opportunities

-Dwelling addresses street

-Habitable rooms are directed towards the front of the building

Dwellings comply with these requirements where appropriate

Yes

 

 

3.4.1.6 – Landscaping

Avoid medium height vegetation with concentrated top to bottom foliage

Landscape plan prepared by landscape architect required as a condition of consent.

Yes 

3.4.1.8 – Building identification

Dwellings to be clearly numbered

Yes, can be provided

Yes

 

Development Control Plan No 1- LGA Wide – Section 3.7 Stormwater

16.       The development can drain to the street via gravity. Appropriate conditions of consent have been attached to the recommendation, should consent be granted.

 

Stormwater Assessment

 

Existing Stormwater System

On site disposal

Proposed Stormwater System

Gravity to Gungah Bay

Stormwater objectives for development type met?

Yes

Slope to rear (measured centreline of site)

Yes

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

No, gravity to Gungah Bay

Discharge into same catchment?

Yes

Easement required?

No

 

Development Control Plan No 1 - LGA Wide – Section 3.5 Landscaping

17.       There are several trees located on the site which will be retained. Some shrubs located within the building footprint have to be removed to accommodate the development, however these are not significant. The applicant will be required to submit a landscape plan prepared by a landscape architect as a condition of any consent granted.

 

Development Control Plan No 1 - LGA Wide – Section 4.3 Dual Occupancy

18.       The proposed development complies with the requirements of Section 4.3 as follows.

 

Section 4.3

Dual Occupancy

Design solution

Proposed

Complies

Site Area & Frontage

1000sqm within FSPA

 

 

15m width for attached dual occupancy

15m for corner sites, that has the address of the existing house

Site area = 1031.4sqm (excluding access handle)

Width = 20.115m

 

FSR = 0.4: 1

Yes

PC14

Landscaped Areas (min. width 2m in any direction)

 

Private Open Spaces

25% of Site Area

 

Is provided at ground level

Has a minimum 4m x 5m

Not steeper than 1 in 20

Directly accessible from a main living area

May include a covered patio area

 

Impervious surfaces at the front are limited to the provision of a driveway and pathway to the dwelling

 

Buildings and structures have a minimum clearance of 3m from tree trunks

29%

 

The development complies with other requirements

 

 

 

 

 

 

Yes

 

 

 

 

 

PC2

Building Height

Not on a battleaxe site, maximum wall height 6.8m

 

Where on a battleaxe site maximum building height is 6.7m and 1 storey

 

Maximum cut and fill 600mm

(see PC8)

 

Floor levels are a maximum of 1m above the finished ground level

 

Minimum floor to ceiling height 2.4m

Maximum 3.6m (not including habitable roof space)

 

Flat roofs, max parapet height is 450mm from uppermost ceiling to the highest point of the parapet

 

 

 

3m – 8.48m (1-2 storeys)

 

 

 

>600mm

 

 

1.31m maximum

 

 

 

2.7m minimum

 

 

 

 

<450mm

No (1)

PC3

Setback Controls

 

 

Front setback to primary street:

5.5m to main face of dwelling OR

4.5m to main face of dwelling where on a corner site & 5.5m to garage

 

Where the first floor at the street frontage has been setback for a balcony, the balcony must provide a 300mm eave overhang to the ground floor

 

State & regional roads may require a greater setback, so vehicles can enter & exit in a forward direction

 

Minimum setback to a secondary street is 2m

These controls do not relate to battelaxe lots. The setback requirements for battleaxe lots are below.

 

N/A

Side Boundary Setbacks:

FSPA = 1.5m for all setbacks for a battleaxe lot

 

 

 

 

Dwelling A = 1.5m to garage and 8m to dwelling from “front” boundary, and 1.8m for side setback to all levels.

 

Dwelling B = 16m from “front” boundary and 1.5m for side setback to all levels.

Yes

Rear Setback:

 

Ground floor level – 7m

First floor level – 9m

 

Council may consider lesser setback distances for irregular shaped lots provided that the minimum width and area requirements are met and that performance criteria can be achieved

Dwelling A = 15m minimum  for all levels

 

Dwelling B = 15m minimum for all levels

 

 

Yes

Battleaxe lots and dual street frontage lots

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Corner site setbacks

 

 

 

 

 

 

 

 

 

Outside of the FSPA 900mm to all boundaries except the rear setback

 

In the FSPA 1.5m to all boundaries except the rear

 

Minimum rear setback is 4m to the rear boundary for a battleaxe lot

 

Minimum 4m from the rear wall of the front dwelling to the boundary of the battleaxe lot

 

Dual street or rear lane access min 7m is required from the rear wall of each dwelling to the newly created property boundary

 

Min 2m from the wall of each dwelling to the secondary street

 

Min 1.2m from the side wall of the dwelling fronting the secondary street to the boundary of the adjoining dwelling fronting that street

 

Min 3.5m from the rear wall of the dwelling fronting the primary street to the proposed internal allotment boundary

 

Except where in the FSPA, attached garages are allowed on the shared allotment boundary.

N/A

 

 

 

Minimum 1.5m for all boundaries

 

15m minimum for all levels

 

 

 

N/A

 

 

 

 

N/A

 

 

 

 

 

N/A

 

 

 

N/A

 

 

 

 

 

N/A

 

Yes

PC4

Solar access

At least 3 hours of sunlight on the windows of main living areas and adjoining principal private open space of adjacent dwelling between 9.00am & 3.00pm on 21June

 

Development complies with the Energy Efficiency section in Appendix 1 of the DCP & BASIX

 

Dwelling is sited so that the northern façade of the dwelling will receive the maximum amount of sunshine in winter

 

Buildings are encouraged to minimise exposure to direct summer sun with window shading devices or planting deciduous trees

The development complies with these requirements.

 

The subject site primarily has an east-west elevation and overshadowing from the adjoining development at 24A Llewellyn St and the development itself is inevitable. As such the norther façade of the dwellings is overshadowed for the majority of the day between 91m and 3pm on 21 June. The northern elevation of both dwellings has been amended to reduce the number windows or provide high sill window to mitigate privacy impacts to adjoining developments. A living area (and balcony) to both dwellings is located on the lower ground floor and (upper) ground floor on the rear (west) elevation and will receive sun to the balcony from approximately 1pm on 21 June. This is considered to be acceptable given the orientation of the site and that sunlight will be available to part of both floors during the day. The rear open space area of both dwellings will be in sun for most of the day on 21 June. 

Yes

PC5

Visual Privacy

Windows & balconies of main living areas are directed toward the front & rear of the site

 

Windows & balconies of habitable rooms do not directly overlook windows, balconies & open space of adjacent dwellings through

a.   Fixed external timber battens

b.   Splaying of windows

c.   Staggering the location of windows

d.   Using level changes

e.   Increase sill heights using glazing , opaque glass or glass blocks

f.    Avoid elevated decks or balconies

g.   Increase side boundary setbacks

The development has been amended from that originally submitted to address potential privacy impacts. Windows have been provided as high sill windows where possible and balconies have been reduced in size.

 

Yes

PC6

Noise

Noise generators such as plant & machinery including air conditioning units & pool pumps are located away from windows or other openings of habitable rooms, screened to reduce noise or acoustically enclosed

 

For sites close to a busy road or railway line, comply with SEPP (infrastructure) & Rail Corridors and Busy Roads-Interim Guideline

Location of air-conditioning units is away from adjoining boundaries.

 

 

 

 

 

 

N/A

Yes

PC7

Car Parking & Access

Each dwelling is to provide

1 garage & 1 driveway space

 

Driveways are a min width of 3m and max 6m

 

Driveways are a minimum distance of 1.5m from side boundaries, with the exception of a battleaxe lot

 

Hard stand car spaces within the front setback do not have a slope/grade greater than 1:10

 

Attached dwellings share the same gutter crossing

 

Internal driveway grades in accordance with AS2890.1-2004

 

For corner allotments, the layback is to be a minimum distance of 6m from the tangent point between the kerb line and the start of the curved kerb line clear of the

 intersection of the two roads

Each dwelling has a double garage which is the appropriate option for a battleaxe lot.

 

The access handle to be used as driveway.

 

Ramp grades are appropriate.

 

 

 

Yes

PC9

Streetscape character

Dwellings to address all street frontages

 

Windows to all street facing elevations

 

Asymmetrical design to provide each dwelling with an individual identity when viewed from the street

 

Incorporate at least 2 design features

a.   Entry feature

b.   Awnings, louvers, shutters or other features over windows

c.   Balcony or window box treatment to any first floor element

d.   Recessed or projection of prominent architectural elements to visibly break up the façade and avoid blank walls

 

Each dwelling entrance is clearly identifiable from the street

 

Maximum roof pitch 35 degrees

 

Highly contrasting colour schemes is not permitted

Not relevant as development is located on a battleaxe allotment, however the development provides appropriate articulation.

Yes

PC10

Subdivision

Attached dual occupancy, the dividing wall between must be of masonry construction and at least 200mm thick

Dividing wall is >200mm

Yes

PC15 Stormwater

 

 

 

 

 

 

PC11

Balconies

 

Stormwater management is in accordance with the provisions contained in Section 4.4 Dwelling Houses on Standard Lots (PC.11.)

 

Max depth for rear balcony on the first floor is 2m and incorporates fin walls or privacy screens to minimise overlooking

 

Partly recessed balconies are preferred at rear

Gravity to Gungah Bay as per conditions of consent provided by Council’s Development Engineer.

 

 

Rear balconies on ground floor (elevated) are maximum 2m deep with privacy screens on either side.

 

Balconies are not recessed but ground floor sits behind lower ground floor and has a greater setback to the rear boundary.

Yes 

PC16

Site utilities

Electricity and phone lines must be underground, except where direct connection to a pole is available

 

Each dwelling must provide space for the storage of garbage bins (min 3m x 1m) and not be visible from the street

 

6m³ per dwelling for general storage

 

Mail box must be provided in accordance with AS4353

 

Outdoor clothes drying must be provided and screened from the street

Development complies with these requirements.

 

 

Yes 

 

(1) Building Height

19.       DCP1 identifies that the maximum height on a battleaxe lot is 6.7m and one (1) storey. The proposed dual occupancy is for an attached “side by side” development on an existing battleaxe lot. The DCP1 includes “design solutions” to be adopted for dual occupancy developments. Option 3 which relates to an attached “side by side” dual occupancy is identified as being for “all sites”. In this regard it is considered that a dual occupancy can be considered on the existing battleaxe lot. As such the requirements permit a two (2) storey development with an external wall height of 6.8m.

 

The proposed development complies with the external wall height of 6.8m except for a portion of the west elevation of Building A at the rear of the building which has a height of approximately 8.1m. This portion of Building A also has a floor level that is maximum 1.3m above the finished ground level. In addition to this the excavation to the site exceeds 1m for a portion of the eastern elevation of Building B for the lower ground floor where the excavation proposed is maximum 2.5m. This is shown in the diagrams below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Plans showing extent of variation shown hatched in red

 

 

 

 

Plans showing extent of variation shown hatched in red

 

 

 

 

The applicant has submitted the following statement in support of the variations proposed:

 

“The proposed development exceeds the 6.8m maximum ceiling height along parts of the southern elevation. This non-compliance is generally created by the slope of the land and in particular the large rock face through the middle of the site. The departure from the wall height control does not generate any detrimental impacts on adjoining properties in relation to loss of privacy and solar access. The following comments are also made:

 

·          The scale and bulk of the proposed development is similar to other developments Council has approved in the surrounding area

·          The proposal will not result in any adverse impacts on the streetscape or from the Georges River

·          The development is considered to be sympathetic to its surrounds and the variation is only as a result of the steep contours of the site

·          The proposal will not result in any unreasonable overshadowing and/or loss of privacy to the adjoining land

·          The proposal complies with all of the other Council requirements and will not have an adverse impact on the adjoining properties; and

·          It is considered that the proposed development would not have any differing impacts on the amenity of adjoining properties even if compliance with the 6.8m maximum wall height was achieved.

 

The proposed development has now been redesigned to ensure that it is located as close to the existing ground level as possible. As a result the lower ground floor of Dwelling A has been reduced from RL5.9m to RL4.2 while the lower ground floor of Dwelling B has been reduced from RL5.9m to RL5.0. Dwelling A now has a maximum height above existing ground level of 1.31m in the south western corner. While it is acknowledged that this is above the requirement of 1m it is considered that it is a minor encroachment and extremely difficult to comply with this requirement when taking into account the site constraints as follows:

 

·          The design of the dual occupancy has had to take into account the site constraints especially the slope of the site from front to rear as well as the cross slope of the site from north to south. This is particularly evident at the south western corner

·          The area of the encroachments are only located on the rear and side parts of Dwelling A with the main encroachment being at the rear south western corner. The encroachments are considered to be acceptable when taking into account the site constraints, impact on adjoining properties and the development overall

·          The encroachments will not have an adverse impact on privacy

·          The encroachments will not result in any unreasonable overshadowing or loss of sunlight to the adjoining properties; and

·          The proposal will not result in any adverse impacts on the streetscape or from the Georges River.

 

It is considered that the variation is reasonable in the circumstances.”

 

Comment: The proposed development seeks a variation to the requirements of DCP1 relating to external wall height, floor height above finished ground level and excavation as detailed in the table above. The variations are considered acceptable for the following reasons:

 

·    To respond to the steep topography of the site the dwellings have been designed over two levels for Building A and three levels for Building B. This achieves a functional internal layout of a reasonable size, with appropriate access between each level. Although the dwellings have been designed with numerous levels, the proposed development still maintains a height of two storeys. Due to the topography of the site the wall height of 6.8m cannot be reasonably achieved to the development. The area of noncompliance relates to part of the south western elevation at the rear of Building A. The additional wall height is not readily visible and results in no additional impacts to adjoining developments.

 

·    The proposed development includes excavation of up to 2.5m which is located behind the rear elevation of the lower ground floor of Building B. The floor level of the lower ground floor is at ground level where there is access to the private open space area. The excavation is required to level the ground and provide a floor level which can then be extended over the slope of the site. The excavation to the lower ground floor of Building B allows for a continuous level from the rumpus room to the rear elevation of the dwelling and to the private open space which is located on the existing ground level. It is noted that the ground level on the perimeter of the site will remain as existing. As such it is considered that the excavation to the site is reasonable and necessary to achieve a consistent floor level.

 

·          The design principles identified in DCP1 have been achieved with the proposed development in that each dwelling has a functional internal layout and increased amenity. The design of the development does not result in additional impacts to adjoining developments in terms of solar access and privacy as side setbacks comply with the requirements. Balconies have been provided with privacy screens and windows located on the side elevation of the dwellings are provided as high sill or with translucent glazing where possible to further reduce any privacy impacts. 

 

·    The floor space ratio of the development is 0.4:1 which demonstrates that the development is not an overdevelopment of the site, but rather has been designed to address the specific constraints of the site. This has necessitated a variation to the requirements of DCP1.

 

Development Control Plan No 1 - LGA Wide - Appendix 1 - Section 7 Waste Management

20.       A waste management plan has been submitted with the application that is consistent with the provisions of DCP 1.

 

Development Control Plan No 1 - LGA Wide - Appendix 1 - Section 8 Energy Efficiency

21.       The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of DCP1.

 

In terms of overshadowing the proposed development complies with the solar access requirements of DCP1 in that adjoining developments will receive at least 3 hours solar access to the principal private open space area between 9am and 3pm on June 21. The windows on the side elevation of the adjoining developments will not be overshadowed by the proposed development between 9am and 3pm on June 21.

 

Development Control Plan No 1 - LGA Wide - Appendix 1 - Section 9 Preservation of Trees and Vegetation

22.       This has been discussed in the report above under the heading Section 3.5 Landscaping.

 

 

Section 94 Contributions

23.       The proposed development requires payment of $20,000.00 of Section 94 contributions based on the provision of an additional dwelling on the subject site. The contribution amount is based on the following.

 

Contribution Type

Contribution Amount

Open Space

$2,478.00

Community facilities

$17,522.00

Total Contributions

$20,000.00

 

Prescribed Matters

24.       Not applicable.

 

Environmental, Social and Economic Impacts

 

Natural Environment

25.       The proposed development is unlikely to result in adverse impacts to the natural environment. The existing trees located on the site will be retained with some shrubs located within the building footprint being removed. These shrubs are not significant to the site. A landscape plan prepared by a qualified landscape architect will be required as a condition of any consent granted. The proposed excavation to the site is limited to an area below part of the lower ground floor level of Building B. This excavation is required to provide a consistent floor level which extends to the existing ground level where the private open space area will be accessed from the dwelling.

 

Built Environment

26.       The proposed development is unlikely to result is adverse impacts to the built environment. The proposed development complies with the relevant requirements except in the external wall height, floor height above finished ground level, and excavation. These variations are discussed in the report above and are a result of the steep topography of the site and relate to a small portion of the development.

 

Loss of views

27.       In considering the impact on the built environment the potential view loss as a result of the development has to be considered. The potential view loss relates to the views gained from 24 Llewellyn Street which has a frontage to Llewellyn St and adjoins the northern boundary of the subject site. The views gained from the dwelling are to the Georges River from the ground floor private open space area and the first floor living area and balcony which are located on the rear elevation.

 

The applicant has amended the plans from that originally submitted so that the dual occupancy is lower in height. This has resulted in the floor level of the balcony and living area of 24 Llewellyn Street being 1.8m higher than the topmost part of the roof of the proposed development.

 

 

 

 

 

 

 

 

 

View diagram submitted with application

 

View of Georges River from balcony of 24 Llewellyn St across 26 Llewellyn St

 

The lower height of the development has allowed views to be maintained from the balcony and living area of 24 Llewellyn Street. The adjoining neighbour is satisfied with the views gained from this area. What is in contention is that to gain views you have to be standing on the balcony and views will be lost from the ground floor open space area at the rear of the site. To assess this, the planning principles which relate to view loss are addressed below:

 

Planning Principles

28.       The current planning principle on view loss adopted by the NSW Land and Environment Court requires the following to be taken into consideration in assessing view loss:

 

Step 1 - The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.”

 

Comment: The view gained from 24 Llewellyn Street is a view of the Georges River from the ground floor open space area, and balcony and living area from the first floor rear elevation. The views are gained of the Georges River are from the top of trees and at an angle through the vacant site at 26 Llewellyn Street and some views are gained over the existing development located at 24A Llewellyn Street (which is a battleaxe lot located adjoining the Georges River).  Whilst the view is not what would be considered to be “iconic”, it is a water view with surrounding area.

 

Step 2 - The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.”

 

Comment: The balcony has a floor level which is 1.8m higher than the topmost part of the roof of the proposed development. As such the view gained at an angle over 26 Llewellyn Street from the balcony and living room windows will be maintained including from the balcony in a sitting or standing position. The view gained from the rear ground floor open space area through 26 Llewellyn Street will be lost except for the views maintained through the side setback area between 24 Llewellyn Street and 24A Llewellyn Street. It is noted that there is no boundary fence between these sites and 26 Llewellyn Street other than a retailing wall and chain wire fence. Should a solid boundary fence be provided, the view gained from the rear ground floor open space area of 24 Llewellyn Street through 26 Llewellyn Street will be lost in any event.

 

Step 3 - The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.”

 

Comment: The proposed development will result in view loss from the rear ground floor private open space area of 24 Llewellyn Street which is gained at an angle through 26 Llewellyn Street. This view would be lost with the provision of a common boundary fence between the two sites. The view gained from the first floor balcony and living area on the rear elevation of 24 Llewellyn Street will be retained. This is considered to be the most significant of views from the dwelling as there is a clear view of the water over the trees. The view from the ground floor private open space area is obscured by vegetation. In this regard it is considered that the view loss is acceptable.

 

Step 4 - The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.”

 

Comment: The proposed development complies with the requirements of Development Control Plan No 1 in terms of height, floor space ratio and setbacks. The external wall height of the development exceeds the 6.8m requirement but this relates to a corner of the development which does not adjoin 24 Llewellyn Street but rather the rear open space of 28 Llewellyn Street. Compliance with this requirement would not result in a perceivable difference to the view gained form the first floor balcony and living room of 24 Llewellyn Street. It is considered that any development on the subject site including a dwelling house would not have a significantly different height or bulk from that proposed such that there would be no impact on the view to the waterway from the ground floor.

 

Social Impact

29.       The proposed development has no apparent adverse social impact.

 

Economic Impact

30.       The proposed development has no apparent adverse economic impact.

 

Suitability of the site

31.       It is considered that the proposed development is of a scale and design that is suitable for the site having regard to its size and shape, its topography, vegetation and relationship to adjoining developments.

 

Submissions

32.       The application was notified/advertised to nine (9) residents/owners in accordance with Council’s requirements and three (3) submissions were received in reply. When the amended plans were submitted, the residents who lodged submissions to the application were notified and given the opportunity to provide comments. Two (2) submissions were received in reply (from the same residents as the original submissions). The issues raised in the submissions are summarised as follows with the response received form the applicant and Development Assessment Officer (DAO) provided.

 

Height

33.       The height of the development does not comply with the requirements of the Hurstville Local Environmental Plan 2012 and the Hurstville Development Control Plan No 1. Amended elevations don’t show overall heights or overall RL’s to show dimensions of height. Do the RL’s on roof plan reflect the height of the parapets? There is no spot RL’s on roof plan to ascertain maximum heights.

 

Applicant comment: Adequate information has been provided on the plans showing all the RL’s and Council has not requested any additional information in relation to this. There are no parapets proposed. RL’s have been provided on the roof plan which does show the maximum heights. The proposed development complies with the height requirements under Hurstville LEP 2012 as a result of the amended plans. In relation to Hurstville DCP1 the majority of the development complies with the maximum external wall height of 6.8m.  The proposed development does however exceed the 6.8 metre maximum ceiling height along parts of the rear southern and western elevations. This non-compliance is generally created by the slope of the land and in particular the large rock face through the middle of the site. The departure from the wall height control does not generate any detrimental impacts on adjoining properties. It is considered that when taking into account the site constraints and that there are no significant adverse impacts relating to overshadowing, privacy and view loss that the non-compliance is acceptable in this case.

 

DAO comment: The plans show the RLs for the roof and each level of the development. The variation to the height of the development has been discussed in the report above.

 

View loss

34.       The view diagram has been based on a standing position however this is our family outdoor patio and lounge room and our sitting views will be obliterated. Loss of views and amenity from the back yard has not been addressed only the view from our upper balcony. From preliminary advice received from our surveyor the non-compliance of the roof height restrictions contained in Council DCP will impact on our amenity and view from our backyard. There will be some view losses by the development however a development consistent with the DCP in relation to height and bulk will minimise these view losses and the unacceptable impact on the amenity of our property and adjoining neighbours.

 

Applicant comment: It has been clearly shown that there will no unreasonable view loss as a result of the proposed development. There is already existing vegetation along the waterfront that restricts the views and views will still be maintained over the proposed development. While it is not stated which eight (8) families would be affected by the proposed development and how this was determined it is clear from the levels and information provided in support of the application that this will not be the case. When viewed from Llewellyn Street the proposed development is lower than the existing single storey dwelling on the site. Due to the amount of vegetation along the waterfront the proposed development will also be well screened from the Georges River. The levels of the proposed development and its stepped design and siting has ensured that there will be no unreasonable visual impact.

 

DAO comment: View loss has been discussed in the report above.

 

Privacy impacts

35.       The proposed development will result in privacy impacts from the development and the proposed garages.

 

Applicant comment: It has been demonstrated that the development will not result in any unreasonable impacts on the adjoining properties and it is considered that it should be approved as a result. Amended plans have been submitted to address privacy concerns. As a result it is considered that there will be no significant adverse impacts in relation to privacy on adjoining developments.

 

DAO comment: The development has been amended from that originally submitted to amend the windows on the side elevations and reduce the depth of balconies on the rear elevation. These changes were made to reduce privacy impacts on adjoining developments. Any potential overlooking from the development is considered to be minimal and acceptable.

 

Stormwater disposal and flooding

36.       The stormwater disposal from the proposed development and potential flooding is inadequate and the issues which applied to the redevelopment of the front lot for a dual occupancy are relevant. Both the Hurstville LGA Overland Flood Study and the PMF (Probable Maximum Flood) Map (attached) show that the western rear end of 26 Llewellyn Street is affected by overland flow as well as showing a PMF level of 4.5m. The Lower Ground Floor of Building A now shows a more Reduced Level of 4.2m. This study does indicate that the proposed subdivision is totally unsuitable for any development, let alone an attached dual occupancy.

 

Applicant comment: The stormwater disposal for the proposed development is adequate and has no impact in relation to the front of the site or any potential flooding.

 

DAO comment: Council’s Development Engineer has examined the application and raised no objection subject to conditions of consent being attached to any consent granted. The proposed development can be drained in accordance with the requirements of DCP1.

 

Acid sulfate assessment

37.       We acknowledge that an acid sulphate soils assessment has been prepared for the proposed development. We question the Recommendations for Site Management in the light of Council’s Flood Study indicating PMF (Possible Maximum Flood) of 4.5m on the site. The subject site is identified as Acid Sulphate Soils Class 5 and as stated in the LEP, development consent is required for works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres AHD. The lower levels for both dwellings are at RLs 5.0m and 4.2m and will require footings that will extend below RL 2.2m. The report states in Paragraph 2 that the lowest level of excavation will be about 2.2m AHD. However the lowest corner of Building A is at approx. RL 1.8m and the footings there would be below this level. Therefore controls will be required for soil excavated below 2.54m.

 

Applicant comment: The lowest point of Building A is approx. RL 2.8m not 1.8m. In any case the report outlines a number of site management controls that need to be followed depending on the level of excavation.

 

DAO comment: The Preliminary Acid Sulfate Soil Assessment has been prepared by an appropriately qualified consultant who has undertaken preliminary assessment of the site and the proposed development in terms of impact on acid sulfates. This is appropriate for the assessment stage of the development application. The recommendations of the assessment are to be adopted in the development should consent be granted.

 

Non-compliance with DCP 1

38.       The non-compliances with the relevant requirements will set a precedent for other developments. DCP requires battleaxe sites to be one (1) storey the proposed development shows that it is three (3) storeys in parts. The setbacks of the development have to be confirmed as they appear to be less than that required. The Statement of Environmental Effects submitted with the application does not correctly identify the non-compliances.

 

Applicant comment: All of the setbacks comply with Council’s requirements. Any issues relating to non compliances are site specific and considered on their merits and will not result in any precedents being set.

 

DAO comment: The development’s compliance with the provisions of the relevant requirements are discussed in the report above.

 

Traffic

39.       The additional dwellings will result in traffic impacts on the street. Llewellyn Street has a high crest between the proposed development and Mimosa Street. There is potential for a serious accident in this area as Llewellyn Street is a long and narrow road (parking permitted on both sides and one driving lane) and some vehicles travel very quickly. Residents would like Council to review this situation and determine how to overcome this danger.

 

Applicant comment: The proposed development is for a dual occupancy which will not adversely impact on local traffic. The dwellings provide adequate car parking in accordance with Council’s requirements and will not result in any significant traffic impacts on the street.

 

DAO comment: The proposed development provides two car spaces per dwelling and a turning area which allows vehicles to enter and exit the site in a forward direction.  The additional vehicles movements as a result of the development are not considered to significantly impact the traffic movements in the street. The residents can request Council’s Traffic section to consider any hazardous traffic spots as a separate matter to this application.

 

Shadow diagrams

40.       The plans and shadow diagrams do not accurately show the adjoining developments. Vertical wall shadow diagrams of the northern and western elevations of both proposed dwellings should be required to show the effects of overshadowing on both proposed dwellings due to the dramatic changes in level from 24a to the proposed dwellings. The nominal shading shown on the elevations and perspectives appear to be diagrammatic and not related to any specific time or date.

 

Applicant comment: The shadow diagrams are in accordance with the DCP and show the specific dates and times for each. The diagrams show that the proposed development allows for the adjacent properties/dwellings to still receive the required amount of sunlight. It is also considered that the proposed development will receive an appropriate amount of solar access.

 

DAO comment: The solar access to the adjoining developments has been discussed in the report.

 

Cut and fill

41.       The proposed cut and fill to the site does not comply with the relevant requirements. The total rock escarpments would be excavated and totally destroyed and covered by the proposed attached dual occupancies.  This site is not suitable for an attached dual occupancy due to the steep nature of the site, the required excavation of natural rock outcrops and proposal for building over inundated land. This proposal would have detrimental environmental consequences as the natural state of the site would be considerably altered.

 

Applicant comment: While there will be excavation required to be carried out this is no different to other developed sites in the area that have had similar site constraints. There are numerous examples of developments in the locality that have been built on similar sites with similar issues. Dual occupancy development is permitted under the zoning and is considered an appropriate form of development in this case. As a result of several amended plans that have been lodged to address concerns raised by submissions and Council there are now some areas that will require greater excavation. This is mainly due to the fact that Council has requested that the proposed development be reduced in height. It is considered that this is an acceptable solution in the circumstances especially considering the site constraints.

 

DAO comment: The proposed development includes excavation of the site which has been discussed in the report. The excavation is required as a result of the topography of the site and is characteristic of most developments on the waterfront and with steep topography. The provision of a dual occupancy of the site does not necessarily result in significantly different excavation from that required for a single dwelling. The provision of two dwellings on the site does not require one uniform floor level to be adopted throughout the development which has minimised excavation due to different floor levels being adopted for each dwelling.

 

Foreshore building line

42.       The proposed development has to be clarified in relation to the foreshore building line. The applicant has failed to demonstrate in his application under Section 6.5 DCP 1 “Additional Controls for Development in the Foreshore” how the new development does not result in excessive excavation and how it will protect any natural rock formations. The subject land is currently covered in weeds and mulch which does not allow the natural rock formation to be shown. Part of the site in this location is of natural rock where part of the building is planned to be erected.

 

Applicant comment: This section applies to land within the foreshore area. There is no development proposed on this area other than landscaping works. The foreshore building line has been taken directly from the survey and is considered to be correct.

 

DAO comment: No development is proposed in the foreshore area as defined by the Hurstville Local Environment Plan. The foreshore area which is identified as being 15m from the mean high water mark is identified in the survey plan submitted with the application and the plans for the development. The foreshore area will contain landscaping only.

 

Foreshore scenic protection area

43.       The boundary adjustment would be to allow for the dual occupancy development at the rear battleaxe lot, whereas the previous subdivision sought to provide a dual occupancy proposal in the front of the property and this was refused. However this current proposal would be in conflict with Hurstville Council’s Local Environmental Plan, Cl. 19B, 4 - Foreshore Scenic Protection Area where it states that ‘The Council must not grant consent to the carrying out of any development on land to which the clause applies unless it has considered the following:

a)   The appearance of the proposed development from both the waterway and adjacent foreshore areas.

b)   The likely impact of the proposed development on views from the adjoining properties

c)   The likely effect of the proposed development on the natural topography, natural rock formations, canopy vegetation or any other significant vegetation.

 

This proposed subdivision for the dual occupancy proposal would completely destroy the natural topography. To demonstrate this, an overlay of the proposed dual occupancy plan onto the Surveyor’s site plan shows that all the rock ledges would be covered or excavated for the proposed development. Natural rock formations are now mostly hidden, being overgrown with weeds. Beautiful native trees that once dotted the site have now been destroyed and site levels have been obscured or altered.

 

Applicant comment: When viewed from Llewellyn Street the proposed development is lower than the existing single storey dwelling on the site. Due to the amount of vegetation along the waterfront the proposed development will also be well screened from the Georges River. The levels of the proposed development together with its stepped design and siting has ensured that there will be no unreasonable visual impact.

 

DAO comment: The proposed development is considered to be acceptable in terms of its response to the objectives of the foreshore scenic protection area. Some excavation will be required to the site to provide an appropriate floor level to the dwellings however this is consistent with similar excavation proposed for developments where there is a steep topography. The existing trees on the site will be retained and this will preserve the landscape setting relating to the foreshore scenic protection area. The proposed development provides 29% of the site area as deep soil landscaped area which exceeds the minimum requirements of DCP1. The view of the development from the waterway will be obscured due to the existing vegetation located at the rear of the site and adjoining the foreshore. The proposed development is not considered to be significantly different from other developments adjoining the foreshore in terms of bulk and scale, provision of balconies and being multi storey.

 

Sewerage disposal

44.       There are existing issues with sewerage and they have to be addressed in the application.

 

Applicant comment: This is a Sydney Water issue. The development will need to address any Sydney Water requirements in relation to the sewer and subject to such requirements being met the proposed development is considered to be acceptable in this regard.

 

DAO comment: Any development consent granted for the development will be subject to conditions of consent that require a Notice of Requirements and section 73 Certificate to be obtained from Sydney Water. These conditions are imposed as a requirement of Sydney water to ensure that appropriate sewerage and other facilities are provided in accordance with the requirements of Sydney Water.

 

Emergency access and facilities

45.       The proposed development will dependent on the current battle axe driveway to provide access to two (2) additional dwellings and the applicant has failed to address under the guidelines of the Fire and Rescue NSW if the driveway currently constructed can support fire appliances weighing up to 15 tons. Does the current driveway width allow for an unobstructed width of 4 metres? The applicant has failed to address the distance from the main water supply and fall of the land if the current water pressure is sufficient for the fire brigade in case of a fire or will extra water boosters need to be installed to provide the required water pressure.

 

Applicant comment: It is not considered that this is a requirement for a development of this nature. This is not required for a development of this nature.

 

DAO comment: The proposed development will be accessed from a 3m wide access handle which has been approved as part of the subdivision of the site under 01/DA-0227. Under the provisions of DCP1 a battleaxe lot is to have an access handle minimum 3m wide which is provided to this site. Notwithstanding this, the subject site is similar to other battleaxe lots which have a 3m wide access handle form the street.

 

Attached dual occupancy not permitted

46.       Hurstville Council’s Development Control Plan dated 12 June, 2014, Section 4, Specific Controls for Residential Development, 4.2 Dual Occupancy Housing, and 4.2.14 Building Envelope Graphics that show eight dual occupancy options. The first four options show all attached dual occupancy options with varying housing types. The next three options show options for detached dual occupancy for different street configurations. The last option 8 shows a battleaxe block subdivision with two detached dwellings with the front dwelling being of one or two storeys and the rear lot with maximum external wall height of 3.6m and maximum ridge height of 6.7m, indicating a single storey dwelling. There is no option shown that would allow for an attached dual occupancy on a battleaxe block.

 

Applicant comment: This has been addressed as part of our submission and also through discussions with Council.

 

DAO comment: This has been discussed in the report. Option 3 of the Building Envelope Graphics of DCP1 which is for an attached dual occupancy development relates to “all sites” whereas Option 8 relates to a detached dual occupancy on a battleaxe lot. The proposed development is for an attached dual occupancy and it is considered that Option 3 can be applied to the subject site.

 

Mediation/Public Meeting

47.       A formal mediation or public meeting has not been conducted for the development application however the development assessment officer met with resident objectors on site, viewed their properties, and discussed their concerns.

 

Public Interest

48.       The proposed development is of a scale and character that does not conflict with the public interest.

 

Consultation – Internal and External Referrals

 

Internal Referrals

Development Engineer

49.       Council’s Development Engineer has examined the application and raised no objection subject to conditions of consent being attached to any consent granted.

 

External Referrals:

No external referrals were required for this application.

 

Conclusion

50.       The application has been assessed having regard to the Heads of Consideration under Section 79C of the Environmental Planning and Assessment Act 1979, the provisions of the relative State Environmental Planning Policies, Local Environmental Plans and Development Control Plans. 

 

The development has been assessed against the requirements of the relevant planning instruments and development control plan and complies except in the external wall height, height of floor level above ground level, and excavation. The variations are a result of the steep topography of the site and relate to a small portion of the development only. The variations are considered acceptable as discussed in the report.

 

Three (3) submissions were received to the application in reply to resident notification of the application and two submissions were received in response to amended plans. The issues raised in the submissions have been discussed in the report.

 

Accordingly the application is recommended for approval subject to conditions of consent.

 

DETERMINATION

51.       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 No DA2016/0192 for a boundary adjustment to the approved subdivision under Development Consent No 01/DA-227 and construction of an attached dual occupancy development on Lot 35, DP 5510 (proposed lot 352) and known as 26 Llewellyn Street Oatley subject to the attached conditions:

 

The Development Application described above has been determined by the granting of a Deferred Commencement Consent subject to the conditions specified in this notice.

 

This Development Application is a Deferred Commencement Consent under Section 80(3) of the Environmental Planning and Assessment Act (as amended) 1979.  Strict compliance is required with all conditions appearing in Schedule 1 within twelve (12) months from the Determination Date of this consent.  Upon confirmation in writing from Georges River Council that the Schedule 1 Conditions have been satisfied, the consent shall commence to operate as a Development Consent for a period of five (5) years from the Determination Date of this consent.

 

Schedule 1

 

A.        DEF1001 - Deferred Commencement – Registration of subdivision/boundary adjustment - The person with the benefit of the consent must register the subdivision/boundary adjustment shown on the plan identified in the table below.

 

Reference No.

Date

Description

Revision

Prepared by

10218-16

7 Jun 04

Draft plan of subdivision of Lot 35 Sec. 29 in DP 5510

-

J P Bates and Inwood Registered Surveyors

 

The consent is not to operate until evidence of registration of the subdivision and any associated easements.

 

Documentary evidence as requested or the above information must be submitted within 12 months of the granting of this deferred commencement consent.  Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

 

Subject to A above being satisfied, a development consent be issued, subject to the following conditions:

 

Schedule 2

 

DEVELOPMENT CONSENT is granted to the Development Application described above, subject to the conditions in Schedules A, B and C.

 

Consent Operation - This consent operates from the date of determination set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

 

Right of Review – If you are dissatisfied with this decision, you may request a review of the determination under Section 82A of the Environmental Planning and Assessment Act 1979. A request for review and the decision by Council of that request must be made within six (6) months of the date of this Notice of Determination and be accompanied by the relevant fee. You must ensure that an application for review of determination gives Council a reasonable period in which to review its decision having regard to the relevant issues and complexity of the application (Section 82A is not applicable to Integrated or Designated Development).

 

Right of Appeal – Alternatively, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the NSW Land and Environment Court within six (6) months of the determination date on this notice.

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

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

 

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

 

Reference No.

Date

Description

Revision

Prepared by

Project No 0011, Drawing No A000

1 May 17

Cover sheet

C

JT

A111

1 May 17

Site plan – Landscaping - Stormwater

C

JT

A201

1 May 17

Ground floor

C

JT

A201

1 May 17

Lower ground floor

C

JT

A203

1 May 17

Level 1

B

JT

A401

1 May 17

South and east elevations

D

JT

A402

1 May 17

West and north elevations

D

JT

A501

1 May 17

Section AA and section BB

C

JT

16089-14, sheet 1 of 1

17 Sep 16

Plan showing selected Detail and Levels

-

J P Bates and Inwood Registered Surveyors

10218-16

7 Jun 04

Draft plan of subdivision of Lot 35 Sec. 29 in DP 5510

-

J P Bates and Inwood Registered Surveyors

A910

1 May 17

Waste management plan

C

JT

-

5 Apr 17

Preliminary Acid Sulfate Soil Assessment

-

EMM

 

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

           

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

 

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

 

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

 

          (a)     Fees to be paid:

 

Fee types, bonds and contributions

 

Fee Type

Long Service Levy (to Long Service Corporation)

Builders Damage Deposit

Inspection Fee for Refund of Damage Deposit

S94 Residential (Community Facilities)

S94 Residential (Open Space, Recreation, Public Domain)

 

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

 

PCA Services Fee

$2,428.47

Construction Certificate Application Fee

$2,428.47

Construction Certificate Imaging Fee

$243.10

         

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

 

3.         GEN1003 - Section 94 Contributions - Residential Development (Community Facilities and Open Space, Recreation, Public Domain)

 

a. Amount of Contribution

Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended) and Hurstville Section 94 Development Contributions Plan 2012 the following contributions towards the cost of providing facilities shall be paid to Council:

 

Contribution Category                                                            Amount

 

Community Facilities                                                                  $2,748.00

 

Open Space, Recreation and Public Domain Facilities        $17,522.00

 

Total:                                                                                           $20,000.00

 

This condition and contribution is imposed to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

 

b. Indexing

The above contributions will be adjusted at the time of payment to reflect changes in the Consumer Price Index (All Groups Index) for Sydney, in accordance with the provisions of the Hurstville Section 94 Development Contributions Plan 2012.

 

c. Timing and Method of Payment

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.

 

A copy of the Hurstville Section 94 Development Contributions Plan 2012 may be inspected or a copy purchased at Council’s offices (Civic Centre, MacMahon Street, Hurstville NSW 2220) or viewed on Council’s website www.georgesriver.nsw.gov.au.

 

4.         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.

 

5.         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: $150.00.

 

(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.

 

6.         APR2000 - Development Assessment - Torrens Title Subdivision of a Dual Occupancy Development - A separate development application is required to be lodged with Georges River Council for the Torrens Title Subdivision. This development application can only be lodged and determined after an Occupation Certificate has been issued for the Dual Occupancy development.

 

7.         DEV7.2 - 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

 

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.

 

8.         DEV7.3 - Engineering - Vehicular Crossing - Minor Development - Constructing a vehicular crossing and/or footpath requires a separate approval under Section 138 of the Roads Act 1993 prior to the issue of the Construction Certificate.

 

To apply for approval, complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Georges River Council’s Website: www.georgesriver.nsw.gov.au

 

Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours. Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

 

Please note, that an approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out by a private contractor in accordance with Council’s Specification for Vehicular Crossings and Associated Works prior to the issue of the Occupation Certificate.

 

9.         DEV7.5 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

 

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.

 

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

 

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

 

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

 

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

 

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.

 

12.       CC3018 - Development Engineering - Stormwater Overland Flow - Provision is to be made for the management of all possible stormwater overland flow in a 1:100yr ARI storm event from:

 

i.    Llewellyn Street passing along the Right of Carriageway beside the north-western property boundary, as identified in Jones Nicholson Pty Ltd Consulting Engineers Overland Flow Report for 26 Llewellyn St., Oatley dated 14 March 2013 (Ref. AW-CRPT20130241), and

ii.   Properties to the north west of the subject development site.

 

A design which provides for a stormwater escape route shall be submitted. This design is to include any openings in existing or proposed fencing on the site, and recommendations on the avoidance of raised landscaping etc. to best manage overland flow. 

 

Evidence from an appropriately qualified person that this design requirement has been met and certification given that overland flow meets the guidelines of the "Floodplain Development Manual the management of flood liable land, 2005, shall accompany the application for the Construction Certificate.

 

13.       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.

 

14.       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.

 

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

(a)       The submitted concept hydraulic plan shall be amended to:

 

i.    Provide rainwater tank exemption requirements of SEPP (Exempt and Complying Development Codes) 2008.

ii.   Intercept stormwater runoff from the ‘shared driveway’ paving adjoining the garages to the two houses and overland flow that may enter/pass that area.

 

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

 

16.       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.

 

17.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 579756S and 733023S dated 19 July 2016, approved with the Development Consent No DA2016/0192, must be implemented on the plans lodged with the application for the Construction Certificate.

 

18.       CC3001 - Development Engineering - Stormwater System

 

Reference No.

Date

Description

Revision

Prepared by

Project No. 0011 Drawing. No. A111

11/5/16

Site Plan - Landscaping - Stormwater

A

Not Identified

 

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 stormwater shall drain by gravity to Gungah Bay waterway utilising ‘best practice’ stormwater treatment measures:

·    to maximise on-site pollutant retention and removal, and

·    minimise stormwater discharge rates and prevent localised erosion.

 

All roof and pavement runoff is to be collected in a system of pipes and pits (all fully contained within the development site) in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended)  and directed to the waterway at the rear of the property with discharge:

·    via a silt/litter arrestor pit with Maximesh type screen;

·    through a spreader/dissipater at a controlled velocity not exceeding 2m/s, and

·    away from neighbouring private property via a single outlet per house.

 

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.

 

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

 

Reference No.

Date

Description

Revision

Prepared by

Project No. 0011, Drawing. No. A111

11/5/16

Site Plan - Landscaping - Stormwater

A

Not identified

 

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

 

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

 

20.       CC3005 - Development Engineering - On Site Detention - The 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.

 

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

 

(a) All trees located on the subject site as shown on the approved site plan.

 

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

 

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

 

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

 

(a)  piers

(b)  footings

(c)   slabs

(d)  columns

(e)  structural steel

(f)    reinforced building elements

(g)  swimming pool design

(h)   retaining walls

(i)    stabilising works

(j)    structural framework

 

24.       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.

 

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.

 

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

 

26.       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

 

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

 

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

 

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

 

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

 

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

 

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

 

(a)        Set out before commencing excavation.

 

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

 

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

 

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

 

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

 

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

 

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

 

(h)        Other.

      

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

 

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.

 

30.       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 Gungah Bay waterway.

 

31.       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.

 

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

 

33.       CON5001 - Trees - Tree Removal on Private Land - The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 Pruning of Amenity Trees and the Trees Work Industry Code of Practice (WorkCover NSW, 1998).

 

34.       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.

 

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

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

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

 

36.       OCC3012 - 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 be 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:

 

(a)     The location, pipe and pit invert and surface levels to Australian Height Datum, and the diameter, gradient and material (i.e. PVC, RC etc) of all stormwater infrastructure.

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

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

 

37.       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. 579756S and 733023S dated 19 July 2016, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

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

 

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

 

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

 

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

 

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

 

ONGOING CONDITIONS

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

 

40.       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.

 

41.       ONG3006 - Development Engineering - Ongoing maintenance of the on-site detention system - The Owner(s) must in accordance with this condition and any positive covenant:

 

(a) Permit stormwater to be temporarily detained by the system;

 

(b) Keep the system clean and free of silt rubbish and debris;

 

(c)  Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

 

(d) Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;

 

(e) Not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;

 

(f)   Permit the Council or its authorised agents from time to time upon giving reasonable notice (but at any time and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;

 

(g) Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

 

(h)  Where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

 

(i)   Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

 

42.       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.

 

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.

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Schedule B – Prescribed Conditions

 

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

 

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

 

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

 

45.       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.

 

46.       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.

 

47.       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.

 

48.       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.

 

49.       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.

 

50.       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.

 

51.       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.

 

52.       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.

 

53.       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.

 

54.       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.

 

55.       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.

 

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

 

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

 

An Occupation Certificate Application Form is attached for your convenience.

 

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

 

 

 

ATTACHMENTS

Attachment View1

Site Plan - 26 Llewellyn St Oatley

Attachment View2

South and East Elevations - 26 Llewellyn St Oatley

Attachment View3

West and North Elevations - 26 Llewellyn St Oatley

Attachment View4

3D Views - 26 Llewellyn St Oatley

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.3                           26 Llewellyn Street Oatley

[Appendix 1]           Site Plan - 26 Llewellyn St Oatley

 

 

Page 142

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.3                           26 Llewellyn Street Oatley

[Appendix 2]           South and East Elevations - 26 Llewellyn St Oatley

 

 

Page 143

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.3                           26 Llewellyn Street Oatley

[Appendix 3]           West and North Elevations - 26 Llewellyn St Oatley

 

 

Page 144

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 21 September 2017

3.3                           26 Llewellyn Street Oatley

[Appendix 4]           3D Views - 26 Llewellyn St Oatley