AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Thursday, 20 September 2018

Time:

4.00pm

Venue:

Dragon Room, Georges River Civic Centre, corner MacMahon and Dora Streets, Hurstville

Panel Members:

Sue Francis (Chairperson)

Juliet Grant (Expert Panel Member)

Helen Deegan (Expert Panel Member)

Annette Ruhotas (Community Representative)

Council Staff:

Meryl Bishop (Director Environment and Planning)

Ryan Cole (Manager Development and Building)

Nicole Askew (Coordinator Development Assessment)

Cathy Mercer (Team Leader DA Administration)

Monica Wernej (DA Admin Assistant)

 

  

1. On Site Inspections - 1.00pm – 3.30pm

a)    65 Kyle Parade Kyle Bay

b)    32-38 Judd Street Oatley

c)    19 Pearce Avenue Peakhurst

d)    77 Cambridge Street Penshurst

e)    6 Cross Street Hurstville

 

 

 

Break - 3.30pm

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

Public Meeting Session Closed - 6.00pm

(Break – Light Supper served to Panel Members)


Georges River Council – Local Planning Panel   Thursday,  20 September  2018

Page 2

 

 

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

 

LPP038-18        32-38 Judd Street Oatley – DA2017/99

(Report by Team Leader Development Assessment)

LPP039-18        77 Cambridge Street Penshurst – DA2017/0551

(Report by Development Assessment Planner)

LPP040-18        19 Pearce Avenue Peakhurst – DA2017/0604

(Report by Coordinator Development Assessment)

LPP041-18        65 Kyle Parade Kyle Bay – DA2017/0648

(Report by Development Assessment Officer)

LPP042-18        6 Cross Street Hurstville – DA2018/0182

(Report by Development Assessment Officer)

 

 

 

 

4. Confirmation of Minutes

 

 


 

 

LPP Report No

LPP038-18

Development Application No

DA2017/99

Site Address & Ward Locality

32-38 Judd Street Oatley

Blakehurst Ward

Proposed Development

Demolition works and construction of two-storey boarding house

Owners

Watsong Pty Ltd

Applicant

Russell Green

Planner/Architect

Architect – DA plans prepared by Stephen Bowers Architects; Planner – Statement of Environmental Effects Prepared by Crosby Textor

Date Of Lodgement

24/05/2017

Submissions

Forty-four (44) submissions – 43 in objection; 1 in support

Cost of Works

$2,190,614

Local Planning Panel Criteria

Number of submissions exceeds ten (10)

List of all relevant s.4.15 matters (formerly s79C(1)(a))

Kogarah LEP 2012; Kogarah DCP 2013

State Environmental Planning Policy (Affordable Rental Housing (SEPPARH); SEPP BASIX; SEPP 55 – Remediation of Land

 

List all documents submitted with this report for the Panel’s consideration

Architectural Plans

 

 

 

Report prepared by

Team Leader Development Assessment and Independent Assessment

 

 

Recommendation

Refusal

 

 

 

Summary of matters for consideration under Section 4.15

Have all recommendations in relation to relevant s4.15 matters been summarised in the Executive Summary of the assessment report?

 

Yes 

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed, and relevant recommendations summarised, in the Executive Summary of the assessment report?

 

Yes

Clause 4.6 Exceptions to development standards

If a written request for a contravention to a development standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?

 

Not required 

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (under s7.24)?

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, the recommendation of this application is refusal

 

Site Plan

 

Executive Summary

 

Proposal

1.           The development proposes demolition works of the former/dis-used service station and ancillary structures, and construction of a two-storey boarding house over basement car parking. The boarding house proposes 24 boarding rooms and a manager’s/caretaker’s room.

 

2.           Basement car parking is proposed with vehicle access from the northern boundary to Judd Street, containing 6 car parking spaces, with designated areas for bicycle/motorbike parking, as well as communal laundry and garbage room.

 

 

 

 

Site and Locality

 

3.           The site is identified as 32-38 Judd Street, Oatley, and consists of 4 allotments legally described as Lot 1 DP 519681 and Lots 2-4 DP 10171. The site is located on a right-angle bend in Judd Street which provides 2 street frontages. The site has a combined frontage of 56.16m to Judd Street with a total site area of 724.4m2.

 

4.           The site is generally trapezoidal in shape and has a slight fall (1:20 grade) from the western frontage to Judd Street towards the east. The site contains no significant vegetation and most of its surface is hard-paved with roof area or concrete surface consistent with the former service station use of the site.

 

5.           The land surrounding the site is predominantly residential in nature to the south/east, with low-density residential development of detached dwellings interspersed with dual occupancy developments. To the north and west are educational establishments being the Mortdale Public School and Georges River College Oatley Campus, as well as an Ausgrid energy infrastructure site.

 

6.           The following are photos of the subject site and surrounds.

 

Subject site viewed from the north.

 

Subject site viewed from the west.

 

Adjoining property to the east – 40 Judd Street

 

Ausgrid Infrastructure opposite to the north of the Site

 

Zoning and Permissibility

 

7.           The site is zoned R2 –Low Density Residential under Kogarah Local Environmental Plan 2012. This is shown graphically in the diagram below:

 

 

8.           The proposed development is defined as a “boarding house” which is a permissible form of development in the R2-Low Density Residential Zone.

 

 

 

Submissions

9.           The application was neighbour notified from 16 June 2017 to 30 June 2017 where forty-four (44) submissions in objection to the application in which three (3) residents submitted two (2) submissions each. One submission was received in support of the application which also requested that both Judd Street and Renown Avenue be rezoned to allow for multi-dwelling housing.

 

10.         A summary of the submissions against the development are summarised as follows:

 

·    Compatibility with streetscape

·    Inconsistent development type

·    Size and scale of development

·    Parking issues (Traffic generation, insufficient numbers pedestrian safety and overflow)

·    Shortfall in areas of private open space for future residents

·    Waste management

·    Land contamination

·    Size and scale of development

·    Architectural plan misinformation and errors

·    Traffic volume and generation

·    Overshadowing and Privacy Impacts

·    No confidence in detail provided as part of DA submission

·    Potential increase in crime

·    Lack of infrastructure to accommodate this development type.

 

Conclusion

11.         In summary, having regard to the Heads of Consideration under Part 4.15 of the Environmental Planning and Assessment Act 1979, Development Application No.2017/0099 cannot be supported for the reasons contained within this report and the recommendation is refusal.

 

Report in Full

 

Proposal

 

12.         The application proposes the construction of a 2-storey boarding house over basement car parking and associated landscaping. The development comprises 24 x boarding rooms and includes a room for a boarding house manager. The following is a more detailed description of this development proposal:

 

13.         Demolition: The development proposes demolition works of the existing disused service station and ancillary structures.

 

14.         Basement Level: The basement level provides parking for the development. Vehicular access is provided to the basement level from Judd Street via a driveway at the north-eastern corner of the site. The proposal provides six car parking spaces, including one accessible space. Motorcycle and bicycle parking is also noted within the basement but lacks further detail. The basement level also contains individual lockable storage and communal laundry facilities, and a garbage room.

 

 

 

15.         Ground level: The ground level of the building will contain eleven (11) single occupancy rooms and a room for the boarding house manager, all with access to a communal open space positioned at ground level. Each room contains bathroom facilities.

 

16.         Level 1: Level 1 of the building will contain thirteen (13) single occupancy rooms where each room is offered with bathroom facilities. A common room is provided on this level with shared kitchen facilities.

 

17.         The following is a perspective drawing to show the external appearance of the development from the western side of Judd Street.

 

Perspective of proposed development as viewed from western side of Judd Street  

 

History of the Subject Site and the Development Application

 

18.         Subject Site: The subject site was previously used as a neighbourhood service station for at least 50 years.

 

19.         Current Development Application DA2017/99: The following is a brief summary of the processing of this DA.

 

·    24 May 2017 – The subject DA was submitted with Council. Shortly after, neighbour notification and referral to internal officers was undertaken.

 

·    16 June 2017 to 30 June 2017– The application was placed on neighbour notification in accordance with KDCP 2013. Forty-four (44) submissions were received which included one (1) submission in favour of the application. 

 

·    26 June 2017 – Advice received from Council’s Drainage Engineer raising no objections subject to applicable conditions.

 

·    24 January 2018: Comments received from Council’s Environmental Health Officer raising concern regarding the level of detail provided in the contamination assessment. Although conditions of consent were provided for attachment on any approval granted by Council, these included matters requiring further assessment before Council could be certain that the development is satisfactory in terms of site contamination issues having regard to the previous service station use.

 

NOTE: it is not appropriate to defer those matters to be conditions of consent. Council needs to be satisfied of these issues before any consent is granted to the development

 

·    2 July 2018: Meeting held with applicant to discuss various issues of concern with the proposal. Applicant advised that the issues of concern were significant and the DA should be withdrawn and a new DA lodged which adequately addresses the issues. An email to follow-up the meeting was sent on 26 July 2018 to advise of the following issues of concern with the development:

 

o Car Parking: Significant shortfall in the number of spaces provided as per the recent amendments to the SEPP (Affordable Rental Housing SEPP) 2009. This would require either a reduction in the number of units and/or an increase in the number of parking spaces available, in order to ensure compliance.

 

o Character of Area: Strong concerns were raised regarding he inconsistent and incompatible design approach in terms of compatibility with the surrounding area.

 

o Setbacks: Shortfall in setbacks provided to both the eastern and southern side boundaries and the associated amenity impacts this will have to neighbouring adjoining properties.

 

o Traffic report: Development relies on a traffic report prepared in 2013. Issues with access and egress into the basement were identified by Council’s Traffic Engineers.

 

o Site Contamination: A Phase 2 Detailed site investigation was not carried out in order to determine if the site poses an unacceptable risk to human health or the environment on-site or off site, and if a remedial action plan needs to be prepared and implemented.

 

·    31 July to 30 August 2018 – Numerous email communications between Council and the applicant were undertaken regarding the ability for amended plans to be submitted. Council clearly outlined that the receipt of amended plans is at Council’s discretion and given the information required to be provided and extent of changes to be undertaken, this would not be entertained. The applicant was clearly advised that the extent of the changes required would result in an entirely new development proposal rather than small amendments to an existing proposal. Accordingly, the applicant was required to withdraw the current DA and lodge a new DA. The applicant was also offered meetings with Council staff in order to assist in preparation of a new DA.

 

·    Council advised that if the application was not withdrawn by Friday 17 August 2018, a report recommending its refusal would be prepared. To date, no further correspondence was received outlining the applicant’s intention to withdraw the application.

 

PLANNING ASSESSMENT

Zoning and Permissibility

 

20.         The site is zoned R2 – Low Density Residential under Kogarah Local Environmental Plan 2012. This is shown graphically in the diagram below:

 

 

21.         The proposed development is defined as a “boarding house” which is a permissible form of development in the R2-Low Density Residential Zone.

 

Kogarah LEP 2012 Controls

 

Clause 1.8A – Savings Provisions Relating to Development Applications

 

22.         Kogarah Local Environmental Plan 2012 (KLEP 2012) Amendment No.2 was gazetted on the 26 May 2017.  This amendment incorporates the height of buildings and floor space ratio development standards that applied to the site.

 

23.         Clause 1.8A(2) states thata development application made, but not finally determined, before the commencement of Kogarah Local Environmental Plan 2012 (Amendment No 2) is to be determined and have effect as if that Plan had not been made, but only if an amendment made by that Plan prevents a consent authority from granting consent to the application.”

 

24.         In Primus DMS Pty Ltd v Georges River Council [2017] NSWLEC 1431, it was established that development applications lodged prior to gazettal of Amendment No.2 to KLEP 2012 are saved by Clause 1.8A(2).  This application was submitted with Council on 24 May 2017 prior to the gazettal of Kogarah Local Environmental Plan 2012 (KLEP 2012) Amendment No.2.  

 

25.         Accordingly, the development standards for height and floor space ratio are not applicable to this application.

 

26.         The subject site and proposed development requires assessment in terms of various clauses in Kogarah LEP 2012. That assessment is provided in the following table:

 

Clause

Standard

Proposed

Complies

2.3 – Zone objectives and Land Use Table

Meets objectives of R2 – Low Density Residential zone

 

 

The site is zoned R2 – Low Density Residential under the provisions of KLEP 2012.

 

Boarding houses are permissible with Council's consent under the zoning provisions applying to the land.

 

Yes

4.3 – Height of Buildings

Not applicable

The provisions of this standard are not relevant to this application.

 

Notwithstanding, the documentation submitted with this application outlines that a maximum height of 7.13m is achieved.

 

N/A

4.4 – Floor Space Ratio

Not applicable

The provisions of this standard are not relevant to this application.

 

Notwithstanding, the proposal achieves an FSR of 0.67:1 or 482.56m2.

 

 

N/A

4.4A – Exceptions to floor space ratio of residential accommodation in Zone R2

 

Not applicable

See comment above.

N/A

5.10 Heritage Conservation

 

The objectives of this clause are as follows:

 

·       to conserve the environmental heritage of Kogarah,

(b)

·       to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

 

·       to conserve archaeological sites,

 

·     to conserve Aboriginal objects and Aboriginal places of heritage significance.

 

No item of heritage exists on the site nor is the site located within a Heritage Conservation Area. A Heritage Item being Buildings A and B of the Mortdale Public School are identified as Heritage Items. The location of the site in relation to this item is shown graphically in the diagram below:

 

 


Although the grounds of the Mortdale Public School are located opposite the subject site along Judd Street, the actual items of heritage being Building A and Building B of the School are located at significant  distance  away from the site fronting Colebourne Avenue.

 

Neither building A or B can be appreciated from the subject site and vice versa. In this regard, the proposed development will have no adverse bearing to the heritage significance of this item.

 

Yes

6.2 – Earthworks

 

 

 

 

 

 

 

 

 

 

 

To ensure that earthworks do not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

 

The application includes excavation works for the basement car parking levels. Subject to the use of appropriate construction techniques and the excavation being undertaken in accordance with the recommendations of an appropriate geotechnical report, the proposed development is not anticipated to have any adverse impacts and will satisfy the objectives of this clause.

 

 

 

Environmental Planning and Assessment Regulations

 

Clause 92(1)(b): Demolition

 

27.         Clause 92(1)(b) of the Environmental Planning and Assessment Regulation, 2000 (the Regulations) prescribes that the provisions of Australian Standard AS2601:2001 - The Demolition of Structures are to be taken into consideration, pursuant to Section 4.15(1A)(iv) of the Act, in the case of a development application for the demolition of a building. The application seeks consent for the demolition of all existing structures from the site. Council will impose suitable conditions on any consent granted for the proposal to ensure compliance with the provisions of Australian Standard AS2601:2001 - The Demolition of Structures.

 

State Environmental Planning Policies

 

28.         Compliance with the relevant state environmental planning policies is summarised in the table, and discussed in more detail below:

 

 

STATE ENVIRONMENTAL PLANNING POLICY

COMPLIES

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

 

Yes

 

 

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

 

N/A

 

State Environmental Planning Policy No 55 - Remediation of Land

 

No

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

 

 

Yes

 

State Environmental Planning Policy – (Affordable Rental Housing) 2009

 

No

 

Deemed State Environmental Planning Policy – Georges River Catchment

 

29.         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.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 200

 

30.         All 24 rooms are held not to be dwellings because they do not have individual kitchenettes. The inhabitants of these rooms would need to access communal kitchen facilities for food and meal preparation, separate to their rooms. Given the definition of ‘BASIX affected building’, these 24 rooms do not constitute a separate domicile and thus the development is not considered to be a ‘BASIX affected development’.

 

State Environmental Planning Policy No 55 - Remediation of Land

 

31.         The purpose of State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55) is to ensure that land which is contaminated is identified and appropriately remediated so as to be suitable for the proposed development.

 

32.         The application is accompanied by a Phase 1 Environmental Site Assessment prepared by WSP Environment and Energy. This report concluded that:

 

33.         WSP has completed a Phase 1 ESA  at  32-38  Judd  Street,  Oatley,  NSW.  Based on a  site  inspection,  review  of  historical  land use  and  available  information,  WSP  considers  that  there  is  a  HIGH  potential  for  soil  and/or  groundwater impacts  to  have  occurred  at  the  site  due  to  historical  site  activities. 

 

34.         Furthermore, no documentation was provided to WSP in relation to any previously undertaken UST removal or validation reports.

 

35.         It is therefore recommended that a Phase 2 (Intrusive Site Investigation) be undertaken within the site in order to establish the potential for contaminants of concern to have impacted site soils and/or groundwater prior to any redevelopment of the site”.

36.         In accordance with Clause (7) of SEPP 55, a consent authority must not consent to the carrying out of any development on land unless:

 

(a)  it has considered whether the land is contaminated, and

(b)  if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c)  if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

 

37.         Given that the Phase 1 assessment by WSP recommended that a Phase 2 intrusive site investigation be prepared which to date has not been submitted, formal determination cannot be made as to it the subject site will be suitable in its current form or after remediation for the purpose of a boarding house.

 

38.         In this regard, the provisions of SEPP 55 have not been addressed.

 

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

 

39.         The Vegetation SEPP regulates clearing of native vegetation on urban land and land zoned for environmental conservation/management that does not require development consent.

 

40.         The Vegetation SEPP applies to clearing of:

 

1.   Native vegetation above the Biodiversity Offset Scheme (BOS) threshold where a proponent will require an approval from the Native Vegetation Panel established under the Local Land Services Amendment Act 2016; and 

2.   Vegetation below the BOS threshold where a proponent will require a permit from Council if that vegetation is identified in the council’s development control plan (DCP). 

 

41.         The Vegetation SEPP repeals clause 5.9 and 5.9AA of the Standard Instrument - Principal Local Environmental Plan with regulation of the clearing of vegetation (including native vegetation) below the BOS threshold through any applicable DCP.

 

42.         The proposed development does not involve the removal of any significant tress or vegetation. In this regard, the provisions of this SEPP are considered to be met.

 

State Environmental Planning Policy (Affordable Rental Housing) 2009

 

43.         The ARHSEPP came into force on 31 July 2009 and, in accordance with Clauses 25-28, the SEPP applies to the proposed development and the subject site. The ARHSEPP contains a number of standards that apply to boarding houses, as well as matters that cannot be used as reasons for refusal – if the development complies with those requirements. It is noted that the ARHSEPP relies on Standard Instrument template zonings and that the R2-Low Density Residential is a general residential zoning where boarding houses are a permissible form of development with consent.

 

44.         The site is within an “accessible area” as defined by Clause 4 to the Policy which states:

 

 

accessible area” means land that is within;

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

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

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

 

45.         Division 3 of the SEPP relates to boarding houses and applies to Zone R2 Low Density Residential. Given that the subject site is located 600m walking distance from the public entrance to Mortdale Railway Station, it fits the requirements of Clause 27 in that it is land that is located within an “accessible area”.

 

46.         Clause 27 of the SEPP confirms that Division 3 of the SEPP relates to boarding houses. Boarding houses are defined within the SEPP by reference to the definition under the Standard Instrument (LEP) Order 2006 which is as follows:

 

boarding house means a building that:

 

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

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

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

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

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

 

47.         The proposed development falls within this definition and as such the SEPP applies to the proposed development.

 

48.         Clause 29 of the SEPP contains standards that cannot be used to refuse consent for ‘boarding house’ development. The performance of the proposal against these provisions are detailed below.

 

49.         Density - Floor Space Ratio (Clause 29(1)). “A consent authority must not refuse consent to development to which this Division applies on the grounds of density or scale if the density and scale of the buildings when expressed as a floor space ratio are not more than:

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

(b)  if the development is on land within a zone in which no residential accommodation is permitted - the existing maximum floor space ratio for any form of development permitted on the land, or

(c)   if the development is on land within a zone in which residential flat buildings are permitted and the land does not contain a heritage item that is identified in an environmental planning instrument or an interim heritage order or on the State Heritage Register - the existing maximum floor space ratio for any form of residential accommodation permitted on the land, plus:

(i)    0.5:1, if the existing maximum floor space ratio is 2.5:1 or less, or

(ii)   20% of the existing maximum floor space ratio, if the existing maximum floor space ratio is greater than 2.5:1.”

 

50.         Under the Interpretation provisions in Clause 4 of the SEPP existing maximum floor space ratio means as follows:

 

51.         existing maximum floor space ratio means the maximum floor space ratio permitted on the land under an environmental planning instrument or development control plan applying to the relevant land, other than this Policy or State Environmental Planning Policy No 1 - Development Standards.”

 

52.         Comment: KLEP 2012 does not define a maximum FSR for the site. Nonetheless, Kogarah DCP Part 1.2.1 provides FSR requirements as detailed in the table below:

 

 

53.         Given the site comprises of an area of 724.4m2, the following formula applies:

 

(Site Area – 650) x 0.3 + 357.5.

 

Note: The provisions of the SEPP allow for a bonus/additional floor space above the maximum allowed under the LEP, however such provisions do not apply to the subject site because residential flat buildings are prohibited in the R2 zone.

 

54.         This equates to a maximum allowable FSR for the site of 0.524:1 or 379.82m2. The proposal presents an FSR of 0.667:1 or 724.4m2. The proposed variation to the FSR control is not supported for the following reasons:

 

·    The proposal does not control building density and bulk in relation to the site area and is inconsistent with the desired future character for the area;

·    The proposal does not minimise adverse environmental impacts on adjoining properties and the public domain. The extent of gross floor area proposed is at the expense of suitable building setbacks from the southern side boundary which results in a visually impactive development when viewed from the neighbouring property. Further, the additional gross floor area above the DCP FSR control directly contributes to increased overshadowing for adjoining residential properties; and

·    The built form and scale of the proposal is not compatible with the streetscape and the proposed development fails the Character Test under clause 30A of the ARHSEPP 2009. This is discussed later in this report.

 

55.         Building Height (Clause 29(2)(a)).“If the building height of all proposed buildings is not more than the maximum building height permitted under another environmental planning instrument for any building on the land.”

 

56.         Comment: KLEP 2012 does not define a maximum building height; however, a maximum building height of 7.13m is proposed for the building. Notwithstanding, the built form and scale of the proposal is not compatible with the streetscape and the proposed development fails the Character Test under clause 30A of the ARHSEPP 2009. This is discussed later in this report.

 

57.         Landscaped Area (Clause 29(2)(b)). “If the landscape treatment of the front setback area is compatible with the streetscape in which the building is located.”

 

58.         Comment: The proposed development incorporates soft landscaping into the front setback area to Judd Street which is compatible with the streetscape and is therefore acceptable.

 

59.         Solar Access (Clause 29(2)(c)). “Where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9.00am and 3.00pm in mid-winter.”

 

60.         Comment: A communal area is located on the first floor of the boarding house along the northern side of the building. This area will receive in excess of the minimum solar access requirements.

 

61.         Private Open Space (Clause 29(2)(d)). “If at least the following private open space areas are provided (other than the front setback area):

 

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

 

(ii)          if accommodation is provided on site for a boarding house manager - one area of at least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to that accommodation.”

 

62.         Comment: The development provides a suitably dimensioned area of open space within the south-eastern corner of the site exceeding the minimum requirements. In addition, an independent suitably dimensioned area is provided for the boarding house manager directly adjacent to the designated managers room.

 

63.         Parking (Clause 29(2)(e)). “If:

 

(i) in the case of development carried out by or on behalf of a social housing provider in an accessible area – at least 0.2 parking spaces are provided for each boarding room, and

 

(ii)          in the case of development carried out by or on behalf of a social housing provider not in an accessible area - at least 0.4 parking spaces are provided for each boarding room, and

 

(iia) in the case of development not carried out by or on behalf of a social housing provider – at least 0.5 parking spaces are provided for each boarding room, and

 

(iii)         in the case of any development - not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site.”

 

64.         Comment: The development is not proposed to be carried out by or on behalf of a social housing provider and as such, the applicable car parking rate is 0.5 spaces for each boarding room. This development has 24 boarding rooms and therefore the requirement is 12 spaces.

 

65.         The proposal contains six (6) parking spaces within the basement and therefore does not comply with clause 29(2)(e) of the ARHSEPP 2009. The shortfall is six (6) spaces is not supported for the following reasons:

 

·    Off-street car parking is not available along Judd Street adjacent to the subject site given its prominent corner location.

 

·    The application was not accompanied by a detailed parking study to demonstrate that the provision of the parking shortfall will not have an adverse impact on the street network; and

 

·    The NSW government has made recent legislative changes to the ARHSEPP 2009 which mandate the provision of more parking for boarding house developments.

 

66.         There are insufficient planning reasons identified to support a variation to the minimum requirements.

 

67.         Accommodation Size (Clause 29(2)(f)). “If each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:

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

(ii)   16 square metres in any other case.”

 

68.         Comment: All boarding rooms are provided with areas that comply with the minimum area requirements.

 

69.         Standards for Boarding Houses (Clause 30). Clause 30 of the ARH SEPP prescribes that a consent authority must not consent to a development to which this Division applies unless it is satisfied of each of the following:

 

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

 

71.         Comment: A communal area is located on the first floor of the boarding house along the northern side of the building and is acceptable in this regard.

 

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

 

73.         Comment: The sizes of the proposed boarding rooms range between 12m2 – 18.43m2 and are therefore compliant in this respect.

 

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

 

75.         Comment: No boarding rooms are identified as being capable of being occupied by more than 2 adult lodgers. Single beds are provided to each boarding room.

 

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

 

77.         Comment: Each boarding room is provided with individual bathroom facilities. A communal kitchen is provided for the use of the lodgers within the common area on the first floor of the building.

 

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

 

79.         Comment: A manager’s room (caretaker accommodation) has been provided along the eastern side of the building on the ground floor.

 

80.         (f) (repealed)

 

81.         (g)     if the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use.

 

82.         Comment: The property is zoned R2 - Low Density Residential under KLEP 2012, and as such the land is not zoned primarily for commercial purposes and consequently, the provisions contained in the above sub clause are not applicable to the proposal.

 

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

 

84.         Comment: While a designated bicycle and motorcycle parking area is indicated on the architectural plan set adjacent to car parking space five (5), it is not clear if this area is capable of accommodating five (5) motorcycle and five (5) bicycle spaces as the area has not been delineated to reflect their provision. In this regard, the proposal fails to adequately address this standard.

 

Character of Local Area (Clause 30A)

 

85.         Under the provisions of Clause 30A of the ARHSEPP 2009, applications for new boarding houses must satisfy a local character test which seeks to ensure developments proposed under the ARH SEPP are consistent with the design of the area.

 

86.         Comment: In Redevelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029, Commissioner Morris concluded that the ‘local area’ includes both sides of the street and the ‘visual catchment’ as the minimum area to be considered in determining compatibility. Accordingly, with regard to the subject site, the ‘local area’ is taken to include both sides of Judd Street as well as the allotments at the northern end of Renown Avenue and southern end of Coleborne Avenue which have frontages orientated towards Judd Street.

 

87.         In Project Venture Developments v Pittwater Council [2005] NSWLEC 191 the Land and Environment Court specifically set out a relevant planning principle. Consideration has therefore been given to the two key questions identified in the L&E Court Planning Principles:

 

(a) Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.

 

88.         Comment: The proposed development would cause adverse physical impacts upon surrounding residential development and would constrain the development potential of adjoining sites. The following concerns are raised:

 

·    The development presents unreasonable visual bulk and scale impacts to the neighbouring properties along both the southern and eastern side elevations. The infill fencing proposed atop the existing retaining walls in addition to the building’s proximity to the dividing boundaries, further adds to the scale of the development in these locations.

 

·    The overshadowing impacts caused to nearby residential dwellings are unreasonable given that they are caused, or at least contributed by, a non-compliance with the FSR control and the indecorous siting of the development resulting in a poor visual relationship with existing neighbouring development.

 

(b) Is the proposal’s appearance in harmony with the buildings around it and the character of the street?

 

89.         Comment: The existing streetscape is characterised by single and two storey detached dwellings. Pitched tiled roof forms are common and can be found on the majority of dwellings. This development proposes a flat roof form that will be visually discordant with the predominant established hipped roof form. In this regard, the proposal will adversely disrupt on the built form rhythm in the streetscape.

 

90.         Furthermore, the subject site is wider than its depth while the proposed development presents to the street as a two storey building that spreads up to 92% across the site, resulting in a more dominant appearance. In contrast to the physical characteristics of existing development in the vicinity of the site, the design of the proposed development would be discordant with the established streetscape character. In particular, the bulk and scale of the development, which is borne out by the floor space ratio and setbacks proposed, would be inconsistent with the predominant built form in the streetscape which is relatively low scale. 

 

91.         Assessing ‘compatibility’ required both the existing and future character of the local area to be taken into account (Sales Search Pty Ltd v The Hills Shire Council [2013] NSWLEC 1052 and Redevelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029). It is acknowledged that there are sites within the Judd Street streetscape that are yet to reach their development potential. However, given that the proposed development does not comply with the applicable DCP FSR control and has been designed in contrast to what may be considered an acceptable setback and separation from neighbouring development, the design and streetscape presentation of future development on adjoining sites is unlikely to resemble that of the proposed development.

 

92.         The proposed development would not co-exist in harmony with the existing development in the streetscape and does not satisfy the character test within clause 30A of the ARHSEPP 2009 and is not supported.

 

Draft Environmental Planning Instruments

 

Draft Environment SEPP

 

93.         The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018.

 

94.         This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property.

 

·    Changes proposed include consolidating the following seven existing SEPPs:

·    State Environmental Planning Policy No. 19 – Bushland in Urban Areas

·    State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

·    State Environmental Planning Policy No. 50 – Canal Estate Development

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

·    Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997)

·    Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

·    Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property.

 

95.         The proposal is not inconsistent with the provisions of this Draft Instrument.

 

Remediation of Land SEPP

 

96.         The Department of Planning and Environment (‘DPE‘) has announced a Draft Remediation of Land SEPP (‘Draft SEPP‘) which will repeal and replace the current State Environmental Planning Policy No 55—Remediation of Land (‘SEPP 55‘).

 

97.         The main changes proposed include the expansion of categories of remediation work which requires development consent, a greater involvement of principal certifying authorities particularly in relation to remediation works that can be carried out without development consent, more comprehensive guidelines for Councils and certifiers and the clarification of the contamination information to be included on section 149 planning certificates.

 

98.         Whilst the proposed SEPP will retain the key operational framework of SEPP 55, it will adopt a more modern approach to the management of contaminated land.

 

99.         The proposal while not inconsistent with the intended Draft SEPP provisions, currently fails to address the relevant criteria of SEPP 55 (as previously discussed), and the proposal is not acceptable in this regard.

 

Development Control Plans

 

100.       It is noted that, pursuant to Clause 8 of SEPP (Affordable Rental Housing) 2009, the provisions of the SEPP prevail to the extent of any inconsistency with any other planning instrument. The relevant DCP provisions, where they are not overridden by the SEPP (ARH) 2009, are summarised below.

 

Kogarah Development Control Plan 2013

Part B General Controls

Controls

Required

Proposed

Comply

Part B5 – Waste Management and Minimisation

Submit a Waste Management Plan with DAs involving:

·      demolition;

·      construction of a new building(s); or

·      change of use or alterations/additions to existing premises (only when this would result in a change of waste generation).

For residential developments that include six or more dwellings, a dedicated caged area may be required within the bin room for the storage of discarded bulky items which are awaiting removal. This area must be easily accessible to all residents.

Waste storage facilities must be easily accessible from residential units and appropriately located to facilitate the removal of waste to the Council collection point.

Waste and recycling storage areas must be visually and physically integrated into the design of the development. Design elements such as fencing, landscaping and roof treatments may be used to screen the waste and recycling storage area

 

The proposal is accompanied by a Waste Management Plan.

 

A waste storage area has been provided within the basement area.

 

The location of the waste storage area will not result in any adverse impacts to neighbouring sites. Refer to further comments within the referrals section of this report.

Yes

Part B6 – Water management

All developments requiring Council approval within the City of Kogarah require consideration of the Water Management Policy.

Habitable floor levels are to have a minimum of 500mm freeboard above the 100-year ARI flood level.

Basements are to be protected up to and including the 100-year ARI flood level.

A detailed stormwater management plan prepared by Jones Nicholson Consulting Engineers Australian Consulting Engineers accompanies the application.

 

Yes

 

IMPACTS

 

Natural and Built Environment, Social and Economic Impacts

 

101.       The assessment of the Development Application demonstrates that the proposal will have an adverse impact on the character of the locality and the amenity of neighbouring residential properties. The environmental impacts on the built environment are considered to be unreasonable and the application is not supported.

 

Suitability of the site

 

102.       The site is zoned R2 – Low Density Residential. Whilst the proposal is a permissible form of development in this zone, it is considered that the proposal will have an adverse impact on the adjoining properties and the streetscape. The proposal is considered to constitute an overdevelopment and ultimately, the site is unsuitable for the development.

 

 

SUBMISSIONS AND THE PUBLIC INTEREST.

 

103.       In accordance with the provisions of Council’s notification requirements, the application was placed on neighbour notification for a period of fourteen (14) days from 16 June 2017 to 30 June 2017 where forty-four (44) submissions in objection to the application in which three (3) residents submitted two (2) submissions each. One submission was received in support of the application. A summary of the primary issues raised within the submissions is detailed below.

 

Compatibility with streetscape.

 

104.       Comment: As discussed throughout this report, the proposed development would not co-exist in harmony with the existing development in the streetscape and does not satisfy the character test within clause 30A of the ARHSEPP 2009.

 

Inconsistent development type

 

105.       Comment: While it is acknowledged that the proposed development is not a typical development form generally identified in an R2-Low Density Residential Zone, the proposed development type is permissible within the Zone subject to compliance with the relevant design outcomes as detailed at length within this report. In this regard, the proposal’s shortcoming further exacerbate the impact that this development will have on the streetscape.

 

Size and scale of development

 

106.       Comment: As discussed throughout this report, the design of the proposed development including the choice of roof form would be discordant with the established streetscape character. In particular, the bulk and scale of the development, which is borne out by the floor space ratio and setbacks proposed, would be inconsistent with the predominant built form in the streetscape which is relatively low scale.

 

Parking issues (Traffic generation, insufficient numbers pedestrian safety and overflow).

 

107.       Comment: As discussed earlier in this report, the proposal contains 6 parking spaces within the basement and therefore does not comply with clause 29(2)(e) of the ARHSEPP 2009 which requires provision of twelve (12) spaces. Furthermore, the proposal is accompanied by a Traffic Impact Assessment prepared by Jones Nicholson Consulting Engineers dated 30 January 2013.

 

108.       In terms of traffic impact, while the proposal is not anticipated to result in an unreasonable impact on the street network, this assumption cannot be guaranteed given that the traffic report provided failed to acknowledge any projected increase in vehicular movement between 2013 and 2017.

 

109.       In this regard, the documentation provided in support of the application cannot be relied upon for the purpose of establishing if the proposal will or will not result in an adverse traffic impact to the local street network.

 

Shortfall in areas of private open space for future residents

 

110.       Comment: The proposal provides a compliant amount of private open space for the use of the boarders within the south-eastern corner of the site in accordance with the ARHSEPP 2009 requirements.

 

Waste Management

 

111.       Comment: An ongoing waste management report prepared by Stephen Bowers Architects accompanies this application. The proposal provides a 12.2m2 waste storage room within the north-western corner of the proposed basement. It is proposed to provide a total of fourteen (14) bins 6 x 240 litre (waste) and 8 X 240 litre (recycling). Council’s Waste Management Officer has reviewed the proposal and advised that the proposal is acceptable in terms of bin storage for both waste and recycling.

 

Land Contamination

 

112.       Comment: As discussed in detail in the body of this report, the proposal fails to address the provisions of SEPP 55 in terms of potential land contamination. In this regard, Council cannot clearly determine if the subject site will be suitable in its current form or after remediation for the purpose of a boarding house.

 

Overshadowing and Privacy Impacts

 

113.       Comment: While the proposal is generally acceptable in terms of privacy, the design measures implemented in order to achieve this outcome are poorly resolved. Large infill fencing atop of the already visually dominant retaining walls is proposed along both the eastern and southern side of the development. While this design outcome will assist in alleviating the potential for overlooking into neighbouring properties, the scale of these structures adds to an already unreasonable level of visual bulk resulting from the inadequate setbacks and overall level of spatial separation provided between the proposed and neighbouring buildings.

 

114.       Furthermore, the external access stairs adjacent to boarding room twenty (20) are unacceptable in their location as patrons utilising these stairs will be provided with a direct line of site into the neighbouring property at 30 Judd Street.

 

115.       With regards to overshadowing, the siting of the development in proximity to the southern boundary will result in an unreasonable level of shadowing to the neighbouring property. The extent of gross floor area proposed is at the expense of suitable building setbacks from the southern side which results in the level of shadow impact being incurred by this neighbouring property.

 

No confidence in detail provided as part of DA submission

 

116.       Comment: The application is accompanied by architectural plans and information prepared in 2013. The information submitted with the development application does present a lack of updated reporting and evidence that could be relied upon in the assessment of this application.

 

Potential Increase in Crime

 

117.       Comment: There is no substantiative evidence that this form of development results in an increase in crime. Having said this, the boarding house Plan of Management accompanying this application fails to outline how the house rules of the boarding house will be enforced.

 

118.       Furthermore, the Plan of Management does not provide detail of any proposed Standard Occupancy Agreement for General Boarding Houses under the NSW Boarding Houses Act 2012. In this regard, there is no provision for the boarding house manager to identify any prospective residents. In this regard, the proposal is unacceptable.

 

Lack of infrastructure to accommodate this development type.

 

119.       Comment: Boarding houses are not a use that are generally considered to result in an unreasonable increase in demand of local infrastructure. This claim cannot be substantiated.

 

REFERRALS

 

Council Referrals

 

120.       Consultant Arborist: Council’s Consultant Arborist inspected the site and advised that there are no trees likely to be affected by this proposal.

 

121.       Waste referral: As noted previously, the proposal provides a 12.2m2 waste storage room within the north-western corner of the proposed basement. It is proposed to provide a total of fourteen (14) bins 6 x 240 litre (waste) and 8 X 240 litre (recycling). Council’s Waste Management Officer has reviewed the proposal and advised that the proposal is acceptable in terms of bin storage for both waste and recycling.

 

122.       Stormwater: Council’s stormwater engineer reviewed the documentation accompanying the application and raised no objection subject to the imposition of conditions. 

 

123.       Environmental Health Officer: Council’s Environmental Health Officer raised no objection to the proposed development subject to the imposition of conditions. Notwithstanding, the application cannot proceed to approval stage unless the consent authority is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out. Given that a Phase 2 intrusive site investigation has not been prepared, determination cannot be made as to whether or not the subject site will be suitable in its current form or after remediation for the purpose of a boarding house.

 

124.       Traffic: Council’s Traffic Engineer reviewed the proposal and raised concern to the shortfall in parking in accordance with the ARHSEPP 2009 provisions. Concern was also raised to the aisle widths of the proposed parking spaces and the driveway grades from the street to the basement which failed to comply with the requirements of AS/NZS 2890.1:2004- “Off Street Parking”.

 

CONCLUSION

 

125.       The proposal has been assessed using the heads of consideration listed in Section 4.15 of the Environmental Planning & Assessment Act 1979. The proposal is considered to be unsatisfactory for a range of reasons as discussed throughout this report.

 

126.       In particular, there has been insufficient information to determine if the site is suitable for the proposed use in terms of site contamination issues. As mentioned, given that a Phase 2 intrusive site investigation has not been prepared, determination cannot be made as to whether or not the subject site will be suitable in its current form or after remediation for the purpose of a boarding house.

 

127.       The proposed development does not comply with the car parking requirements the ARHSEPP.

 

128.       The proposal has also attracted a large number (43) of submissions of objection. Many of the issues of concern raised in the submission are considered to be valid and are supported.

 

129.       Accordingly, the proposal is recommended for refusal for the reasons listed in the determination below.

 

DETERMINATION AND STATEMENT OF REASONS:

 

Statement of Reasons

 

1.         The proposed development is not considered to be an appropriate scale and form for the site and the character of the locality.

 

2.         The proposed development will have unacceptable adverse impacts upon the natural or built environments.

 

3.         In consideration of the aforementioned reasons, the proposed development is not a suitable and planned use of the site and its approval is not in the public interest.

 

DETERMINATION

 

THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979 (as amended) the Council refuse Development Application DA2017/0099 for the demolition of existing building and ancillary structures and the construction of a two (2) storey boarding house over basement parking at 32-38 Judd Street, Oatley for the following reasons:

 

1.   The proposal exceeds the floor space ratio standard under Clause 29 of State Environmental Planning Policy (Affordable Rental Housing) 2009 and Kogarah DCP 2013 Part 1.2.1.

 

2.   The proposal does not satisfy Clause 29(2)(e) of State Environmental Planning Policy (Affordable Rental Housing) 2009 in that it does not provide the minimum required number of off-street car parking spaces.

 

3.   The design of the development is not compatible with the character of the local area and therefore does not satisfy Clause 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

4.   Incomplete or insufficient information was submitted with the application to enable a proper assessment of the proposal to be carried out in accordance with the requirements of the Environmental Planning and Assessment Act 1979. In particular:

 

a.   The submitted documentation provided in support of the DA is dated back to 2013 requiring re-examination and redraft.

b.   The Plan of Management omits a number of required details.

 

5.   The proposal is unsatisfactory having regard to section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979 as the development would cause adverse impacts upon the built environment.

 

6.   The proposed development is unsatisfactory having regard to section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979 in that the site is not suitable for the development.

 

7.   Approval of the development would not be in the public interest and contrary to section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979.

 

 

 

ATTACHMENTS

Attachment 1

Architectural Plans - Site and Roof Plan - 32 - 38 Judd Street Oatley

Attachment 2

Architectural Plans - North Elevation - 32 - 38 Judd Street Oatley

Attachment 3

Architectural Plans - South Elevation - 32 - 38 Judd Street Oatley

Attachment 4

Architectural Plans - East Elevation - 32 - 38 Judd Street Oatley

Attachment 5

Architectural Plans - West Elevation - 32 - 38 Judd Street Oatley

Attachment 6

Perspectives - 32 - 38 Judd Street Oatley

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP038-18              32-38 Judd Street Oatley

[Appendix 2]           Architectural Plans - North Elevation - 32 - 38 Judd Street Oatley

 

 

Page 29

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP038-18              32-38 Judd Street Oatley

[Appendix 3]           Architectural Plans - South Elevation - 32 - 38 Judd Street Oatley

 

 

Page 30

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP038-18              32-38 Judd Street Oatley

[Appendix 4]           Architectural Plans - East Elevation - 32 - 38 Judd Street Oatley

 

 

Page 31

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP038-18              32-38 Judd Street Oatley

[Appendix 5]           Architectural Plans - West Elevation - 32 - 38 Judd Street Oatley

 

 

Page 32

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP038-18              32-38 Judd Street Oatley

[Appendix 6]           Perspectives - 32 - 38 Judd Street Oatley

 

 

Page 33

 


Georges River Council – Local Planning Panel   Thursday,  20 September  2018

Page 34

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 20 September 2018

 

LPP Report No

LPP039-18

Development Application No

DA2017/0551

Site Address & Ward Locality

77 Cambridge Street Penshurst

Mortdale Ward

Proposed Development

Demolition of the existing structures and construction of a new multi-dwelling housing comprising six (6) dwellings, including one affordable rental housing with basement parking and strata subdivision under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009.

Owners

K E Nabouch, S Nabouch, N Taleb, S Taleb

Applicant

Zed Corporation Pty Ltd

Planner/Architect

Planner: Rod Logan Planning                                           Architect: Benson McCormack Architecture

Date Of Lodgement

9/11/2017

Submissions

The application was neighbour notified on three (3) separate occasions during the assessment of the application, will a total of 13 submissions being received objecting to the proposal.

Cost of Works

 $2,577,567.00

Local Planning Panel Criteria

There were more than 10 submissions received relating to the application.

List of all relevant s.4.15 matters (formerly s79C(1)(a))

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment                                                       State Environmental Planning Policy (Affordable Rental Housing) 2009                                                                                        State Environmental Planning Policy No 55 - Remediation of Land                                                                                        State Environmental Planning Policy (Infrastructure) 2007     State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004                                                                 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017                                                                             Draft State Environmental Planning Policy (Environment)      Hurstville Local Environmental Plan 2012                         Hurstville Development Control Plan No1

 

 

List all documents submitted with this report for the Panel’s consideration

Architectural Plans prepared by Benson McCormack Architecture Landscape Plans prepared by Matthew Higginson Landscape Architecture                                                                                            Statement of Environmental Effects prepared by Rod Logan Planning                                                                                                      Site Access and Internal Circulation Assessment prepared by Stanbury Traffic Planning

 

 

 

Report prepared by

Development Assessment Planner

 

 

Recommendation

Approval subject to conditions

 

 

 

Summary of matters for consideration under Section 4.15

Have all recommendations in relation to relevant s4.15 matters been summarised in the Executive Summary of the assessment report?

 

Yes 

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed and relevant recommendations summarised, in the Executive Summary of the assessment report?

 

Yes

Clause 4.6 Exceptions to development standards

If a written request for a contravention to a development standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?

 

Not Applicable

 

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (under s7.24)?

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, standard conditions have been attached and conditions requiring  design changes

 

Site Plan

 

Executive Summary

 

Proposal

1.         Demolition of the existing structures and construction of a new multi-dwelling housing development comprising six (6) dwellings, including one affordable rental housing with basement parking and strata subdivision under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

Site and Locality

2.         The subject site is legally described as Lot 18 in Deposited Plan (DP) 6558 and is commonly known as No 77 Cambridge Street, Penshurst. The site is located on the south-western side of Cambridge Street, between George Street to the north and Clarence Street to the south. The site has a total site area of 956.8m2 with a 15.24m frontage to Cambridge Street, with a site length of 62.79m.

Survey of Site

 

Subject site – note the dual driveway access.

 

Dwelling to the northern side of the subject site

Dwelling to the south of the subject site

 

Zoning and Permissibility

3.         The site is zoned R2 Low Density Residential under Hurstville Local Environmental Plan 2012 (HLEP 2012), the proposal being multi-unit housing is a permissible development form with development consent.

 

4.         The proposed development complies with the building height development standard of the HLEP 2012, however the floor space ratio of 0.6:1 prescribed by the HLEP is exceeded as the development receives bonus floor space under the provision of SEPP (Affordable Rental Housing) 2009 (SEPP(ARH)). The proposal is subject to a bonus FSR of 0.26, the total floor space permitted is 0.86: or 822.84m². The application proposes a floor space of 668.9m² or 0.70:1 therefore complying with the permitted floor space ratio under this SEPP.

Hurstville Development Control Plan No 1 (DCP No 1)

5.         The proposed development satisfies the provisions of DCP No 1, with the exception of the controls that are overridden by SEPP ARH.

Submissions

6.         The proposed development has been neighbour notified on three (3) separate occasions during the assessment of this application, where a total of thirteen (13) submissions were received, all objecting to the proposal.

Level of Determination

7.         The application is forwarded to the Georges River Local Planning Panel for determination as the application attracted more than ten (10) submissions in accordance with the Clause 9.1 Ministerial Direction of 23 February 2018.

Conclusion

8.         Having regard to the matters for consideration listed under Section 4.15 of the Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal, Development Application DA2017/0551 is recommended for approval subject to the conditions contained within this report. It notes that the recommended Development Consent does not permit strata subdivision.

 

Report in Full

DESCRIPTION OF THE PROPOSAL

9.         Council is in receipt of a development application for demolition of the existing structures and construction of a new multi-dwelling housing comprising six (6) dwellings, including one affordable rental housing dwelling and basement parking on the subject site.

 

10.       The development comprises:

·     1 x 2 bedroom dwelling;

·     3 x 3 bedroom dwellings;

·     2 x 4 bedroom dwellings;

·     Dwellings 2 and 5 contain attics;

·     Basement car parking for 12 vehicles, 2 of which are accessible, bin store area, storage cages, egress and a stair lift to ground level and;

·     Landscaping, site works, platform lift and fencing.

 

11.       The proposed development is made under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009. Two (2) of the six (6) dwellings are nominated as adaptable housing with dwelling two (2) being nominated as the affordable housing dwelling.

 

12.       The proposal also seeks approval for Strata Title subdivision.

 

13.       The submitted photomontage of the proposed development is reproduced below:

 

Figure 1: Photomontage of the proposed development

Source: Benson McCormack Architecture, 2018

 

14.       Summary of dwelling inclusions:

 

Dwelling

Bedrooms

Affordable Rental Housing

Adaptable

1

2

No

No

2

4

Yes

Yes

3

3

No

No

4

3

No

No

5

4

No

Yes

6

3

No

No

 

HISTORY

 

10 November 2017

Development application lodged

22 November –

8 December 2017

3 May 2018 – 17 May 2018

8 August 2018 – 22 August 2018

Neighbour notifications, thirteen (13) submissions objecting to the proposal have been received.

12 March 2018

Letter to applicant requesting design changes and/or withdrawal of the application.

19 March 2018

Applicant requested an extension of time to provide a response.

17 April 2018

Applicant submitted revised Architectural.

23 April 2018

Applicant submitted revised architectural plans, BASIX Certificate, Traffic Impact Assessment, and Accessibility Assessment to Council.

14 June 2018

Council officer held meeting with the Applicant to discuss issues relating to the rear most dwelling and primary private open space design for dwelling No 1.

 

DESCRIPTION OF THE SITE AND LOCALITY

15.       The subject site is legally described as Lot 18 in Deposited Plan (DP) 6558 and is commonly known as No 77 Cambridge Street, Penshurst. The site is located on the south-western side of Cambridge Street, between George Street to the north and Clarence Street to the south. The site has a total site area of 956.8m2 with a 15.24m frontage to Cambridge Street and a site length of 62.79m.

 

16.       The site falls from the rear towards Cambridge Street, having a fall of approximately 3.56m. The site currently contains a single storey dwelling house, a metal shed and a brick garage with two (2) concrete driveways along the north-western and south-eastern side boundaries.

 

17.       No significant vegetation exists on site; however, the site accommodates several trees within the rear yard which are to be removed as part of the proposal.

18.       The neighbouring development to the northwest contains two (2) lots, known as 79 and 79A Cambridge Street in a battle-axe form. Both lots accommodate a single storey dwelling house with landscaping. The adjoining property to the southeast is known as 75 Cambridge Street which accommodates a two storey dwelling house. The opposite side of Cambridge Street contains predominately single storey dwelling houses.

 

19.       The surrounding area is characterised by low density residential uses in the form of single and two storey detached dwelling houses. The site is located in close proximity to community facilities and educational establishments, including Penshurst Park, Hurstville Aquatic Leisure Centre, Penshurst Public School, St Declan’s Catholic Primary School, and Georges River College Penshurst Girls Campus.

 

Figure 2: View north east towards the subject site

Source: Rod Logan Planning, 13 October 2017

 

Figure 3: View south within the rear of the subject site

Source: Rod Logan Planning, 13 October 2017

ZONING

20.       The site is zoned R2 Low Density Residential under provisions of Hurstville Local Environmental Plan 2012 (HLEP 2012) and the proposal being multi-unit housing is a permissible development form with consent.

 

Figure 4: Land Zoning Map denoting the subject site

Source: Hurstville Local Environmental Plan 2012

 

APPLICABLE PLANNING CONTROLS

PLANNING ASSESSMENT

21.       The site has been inspected and the proposed development has been assessed under the relevant Section 4.15(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

 

Environmental Planning Instruments

 

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

·     State Environmental Planning Policy (Affordable Rental Housing) 2009

·     State Environmental Planning Policy No 55 - Remediation of Land

·     State Environmental Planning Policy (Infrastructure) 2007

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

·     State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

·     Draft State Environmental Planning Policy (Environment)

·     Hurstville Local Environmental Plan 2012

·     Hurstville Development Control Plan No1

Assessment having regard to the relevant State Environmental Planning Policies is detailed below:

 

Deemed State Environmental Planning Policy – Georges River Catchment

22.       All stormwater from the proposed development will continue to 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.

 

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

23.       A valid BASIX Certificate (Certificate Number: 866163M_03 dated 23rd April 2018) has been issued for the proposed development and the commitments required by the BASIX Certificate and Regulation have been satisfied. In this regard appropriate consideration has been applied to the SEPP.

 

State Environmental Planning Policy No 55 - Remediation of Land

24.       The purpose of State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55) is to ensure that land which is contaminated is identified and appropriately remediated so as to be suitable for the proposed development.

 

This site has been used as residential development as a result it is considered that contamination is unlikely.

 

In this instance, the proposal is not considered to warrant further investigation works with regard to land contamination, as a result the site is considered suitable for the proposed use.

 

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

25.       The Vegetation SEPP regulates clearing of native vegetation on urban land and land zoned for environmental conservation/management that does not require development consent. 

 

The Vegetation SEPP applies to clearing of: 

 

1.    Native vegetation above the Biodiversity Offset Scheme (BOS) threshold where a proponent will require an approval from the Native Vegetation Panel established under the Local Land Services Amendment Act 2016; and 

2.    Vegetation below the BOS threshold where a proponent will require a permit from Council if that vegetation is identified in the council’s development control plan (DCP). 

 

The Vegetation SEPP repeals clause 5.9 and 5.9AA of the Standard Instrument - Principal Local Environmental Plan with regulation of the clearing of vegetation (including native vegetation) below the BOS threshold through any applicable DCP.

 

The proposed development involves the removal of trees. Conditions have also been imposed with respect to landscaping throughout the site supported by the landscape plan prepared by Matthew Higginson Landscape Architecture Pty Ltd.

 

State Environmental Planning Policy (Infrastructure) 2007

 

26.       The provisions of Divisions 5 (Electricity transmission or distribution), 15 (Railways) and 17 (Roads and traffic) are not applicable to the subject site.  The site is not in close proximity to a road or rail corridor, and neither the survey plan or the site inspection indicate that the site or adjoining sites are affected by electricity infrastructure or assets.

 

State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP (ARH) 2009)

Division 1 In-fill affordable housing

Clause

Standards

Proposal

Complies

10   Development to which Division applies

(1)  This Division applies to development for the purposes of dual occupancies, multi dwelling housing or residential flat buildings if:

(a)  the development concerned is permitted with consent under another environmental planning instrument, and

(b)  the development is on land that does not contain a heritage item that is identified in an environmental planning instrument, or an interim heritage order or on the State Heritage Register under the Heritage Act 1977.

(2)  Despite subclause (1), this Division does not apply to development on land in the Sydney region unless all or part of the development is within an accessible area.

This application seeks a multi-unit housing development comprising 6 dwellings over basement carparking.

The site does not contain a heritage item.

The allotment is approximately 90m from a public bus stop with a regular service. As a result the application is within an accessible area.

Yes

‘accessible area means land that is within:

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

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

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

There is one bus service, Route M91, providing regular bus service between Hurstville and Parramatta via Cambridge Street (timetable is attached to this report).

13   Floor space ratios

(1)  This clause applies to development to which this Division applies if the percentage of the gross floor area of the development that is to be used for the purposes of affordable housing is at least 20 per cent.

(2)  The maximum floor space ratio for the development to which this clause applies is the existing maximum floor space ratio for any form of residential accommodation permitted on the land on which the development is to occur, plus:

(a)  if the existing maximum floor space ratio is 2.5:1 or less:

(ii)  Y:1—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,
where:

AH is the percentage of the gross floor area of the development that is used for affordable housing.

Y = AH ÷ 100

Permitted FSR = 0.6:1 or 574.08m².

Dwelling 2 is nominated as the affordable housing dwelling having a gross floor area of 148.96m² or 26%.

This equates to 26% of the LEP permitted FSR.

26% divided by 100 equals 0.26, which is the permitted additional FSR under the ARH SEPP.

Permissible FSR equals 0.86:1 or 822.84m².

FSR proposed is 668.9m² or 0.70:1.

 

Yes

14   Standards that cannot be used to refuse consent

(1) Site and solar access requirements A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

(b)  site area if the site area on which it is proposed to carry out the development is at least 450 square metres,

(c)  landscaped area if:

(ii)  in any other case—at least 30 per cent of the site area is to be landscaped,

(d)  deep soil zones if, in relation to that part of the site area (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) that is not built on, paved or otherwise sealed:

(i)  there is soil of a sufficient depth to support the growth of trees and shrubs on an area of not less than 15 per cent of the site area (the deep soil zone), and

(ii)  each area forming part of the deep soil zone has a minimum dimension of 3 metres, and

(iii)  if practicable, at least two-thirds of the deep soil zone is located at the rear of the site area,

 

 

(e)  solar access if living rooms and private open spaces for a minimum of 70 per cent of the dwellings of the development receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.

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

(a)  parking if:

(ii)  in any other case at least 1 parking space is provided for each dwelling containing 2 bedrooms and at least 1.5 parking spaces are provided for each dwelling containing 3 or more bedrooms,

 

 

 

(b)  dwelling size if each dwelling has a gross floor area of at least:

(iii)  70 square metres in the case of a dwelling having 2 bedrooms, or

(iv)  95 square metres in the case of a dwelling having 3 or more bedrooms.

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

Site area 956.8m²

 

 

Landscaped area is 300.53m² or 31%

 

 

Deep Soil is 143.5m² or 15%

 

 

 

 

 

 

 

 

 

Minimum 3m achieved

 

 

This is not practical to achieve on this site given the dwellings are all located behind one another.

The development is located on a predominately north south lot; as a result the development receives adequate solar access in accordance with the provision.

 

 

 

 

 

1 by 2 bedrooms – 1 spaces

3 by 3 bedrooms – 4.5 spaces

2 by 4 bedrooms – 3 spaces

Total required is 9 spaces

Total provided is 12 spaces

All dwelling exceed the minimum nominated

Yes

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

15   Design requirements

(1)  A consent authority must not consent to development to which this Division applies unless it has taken into consideration the provisions of the Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004, to the extent that those provisions are consistent with this Policy.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)  This clause does not apply to development to which clause 4 of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development applies.

Responding to context

Site planning and design

Impact on streetscape

Impacts on neighbours

Internal site amenity

The application whilst a development form that is not common in the streetscape is a permissible development from under the Hurstville LEP.

The density is derived from the application being proposed under the provisions of State Environmental Planning Policy Affordable Rental Housing (ARHSEPP) which provides additional floor space if affordable housing is provided. The height complies with 9m height limit and the setbacks meet the controls and the FSR is below that permitted by ARHSEPP.

This application is for multi unit housing and not a residential flat building therefore the provisions of SEPP 65 do not apply.

Yes

16A   Character of local area

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

This application is for multi-unit housing, this is a permissible development form under the LEP.

It is acknowledged this application being proposed under the provisions of ARHSEPP which does enable greater density than if this application was provided under the local instruments being the Hurstville Local Environmental Plan and the Hurstville Development Control Plan No.1.

There are other multi unit housing developments within the precinct and large scale 2 storey dwellings, some with subsurface vehicle accommodation which identifies this location as an area that is going change from the single storey dwellings.

This is a modern scale and for which is characteristic of contemporary development.

The application is consistent with the changing streetscape of areas undergoing redevelopment.

Yes – see discussion below

17   Must be used for affordable housing for 10 years

(1)  A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that:

(a)  for 10 years from the date of the issue of the occupation certificate:

(i)  the dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and

(ii)  all accommodation that is used for affordable housing will be managed by a registered community housing provider, and

(b)  a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.

(2)  Subclause (1) does not apply to development on land owned by the Land and Housing Corporation or to a development application made by, or on behalf of, a public authority.

A condition of consent has been recommended that dwelling to be nominated as the affordable housing dwelling in the 88E instrument.

Yes

18   Subdivision

 

Land on which development has been carried out under this Division may be subdivided with the consent of the consent authority.

Is not supportable as part of this application. See Clause 18 Subdivision below.

No

Clause 18 Subdivision

27.       The proposed development involves strata subdivision upon the completion of development. However, strata subdivision cannot be approved having regard to the judgment of recent case law held at DM & Longbow Pty Ltd v Willoughby City Council [2017] NSWLEC 1358.

It is acknowledged standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018 was made on 18 April 2018 and published on 20 April 2018 which provided clarity with respect to strata subdivision lot size whereby the minimum lot size was not applicable. However this amendment does not apply to development that were lodged but not determined prior to this Order being made.

As a result the Strata Subdivision component of the application cannot be supported as part of this development proposal.

 

Clause 16A Character of local area

28.       Clause 16A states that ‘a consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area’.

Senior Commissioner (SC) Roseth sets up the planning principle relating to compatibility of proposal with surrounding development in the judgement of Project Venture Developments v Pittwater Council [2005] NSWLEC 191.

‘Where compatibility between a building and its surrounding is desirable, its two major aspects are physical impact and visual impact. In order to test whether a proposal is compatible with its context, two questions should be asked.

 

·     Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.

·     Is the proposal’s appearance in harmony with the buildings around it and the character of the street?’[1]

According to the judgement of Roseth SC, the most important contributor to urban character is the relationship of built form to surrounding space created by building height, setbacks, and landscaping.

Building height

‘Buildings do not have to be the same height to be compatible. Where there are significant differences in height, it is easier to achieve compatibility when the change is gradual rather than abrupt. The extent to which height differences are acceptable depends also on the consistency of height in the existing streetscape.’[2]

The proposed development is similar in height to the existing two storey dwelling houses in the locality and achieves compliance with the maximum allowable building height under HLEP 2012.

Setbacks

‘Front setbacks and the way they are treated are an important element of urban character. Where there is a uniform building line, even small differences can destroy the unity. Setbacks from side boundaries determine the rhythm of building and void. While it may not be possible to reproduce the rhythm exactly, new development should strive to reflect it in some way.’[3]

Front setback

Table below summarises the approximate existing front setbacks of properties on Cambridge Street between George Street to the north and Clarence Street to the south.

The development proposes a 4.5m setback which is not inconsistent with the immediately adjoining dwellings.

 

Property

Front setback (m) (approx.)*

Western side of Cambridge Street (north-south)

85 Cambridge Street

5.139

83 Cambridge Street

7.47

81 Cambridge Street

5.86

79 Cambridge Street

7.67

77 Cambridge Street

6.40

75 Cambridge Street

11.46

73 Cambridge Street

6.93

71 Cambridge Street

6.38

69 Cambridge Street

5.18

Eastern side of Cambridge Street (north-south)

56 Cambridge Street

7.52

54 Cambridge Street

4.27

52 Cambridge Street

4.95

50 Cambridge Street

6.00

48 Cambridge Street

5.61

46 Cambridge Street

6.86

42 Cambridge Street

6.80

40 Cambridge Street

6.24

38 Cambridge Street

4.83

36 Cambridge Street

4.55

34 Cambridge Street

5.32

32 Cambridge Street

5.70

30 Cambridge Street

5.15

*: above front setbacks are measured at the primary front façades of existing dwellings (excl. garages, carports, verandahs, porches, and the like).

 

29.       The above table demonstrates there is a lack of predominant front setback treatment and a uniform building line within the site’s visual catchment. The proposed development satisfies the numeric front setback control outlined in Development Control Plan No 1 (DCP).

 

30.       The application proposes the principal private open space for dwelling No 1 along the north western side boundary and behind the front building line, however is deficient by almost 2m², being 22.35m². An additional 25.8m² of private open space for dwelling 1 has been located within the front setback area, which is inconsistent with the character of locality where such space is located to the sides and rear of the dwelling. This proposal is deemed satisfactory given that the majority of the dwelling’s principal private open space is located behind the front building line.

Side setbacks

31.       The proposal complies with the numeric requirements referenced in DCP No 1. Similar to the front setback treatment, the proposed principal private open spaces for dwellings Nos 2-5 are entirely and/or predominately along the north western side setback areas. Dwelling Nos 3-4 provide additional private open space within the development’s building separation area. It is acknowledged that such design is proposed for the purposes of maximising sunlight access and therefore is deemed acceptable. It is also noted that this arrangement is typically reflected in similar multi-unit developments.

Landscaping

32.       ‘Landscaping is also an important contributor to urban character. In some areas landscape dominates buildings; in others buildings dominate the landscape. Where canopy trees define the character, new developments must provide opportunities for planting canopy trees.’[4]

 

33.       The proposal includes canopy trees along the site’s perimeters to soften the building presentation to the streetscape. In particular, the two canopy trees are proposed within the Cambridge Street frontage which aligns with the established landscaping setting presenting to Cambridge Street.

Scale and character

34.       The general scale and character of developments in this locality are detached dwellings within the front portion of the site, close to street frontage, where functional private open spaces with sufficient dimensions are located to the rear. The site is located within the R2 Low Density Residential zone where the envisaged future developments are capable of co-existing with established housing in a low density setting with respectful scales, forms, and themes.

 

35.       Whilst the proposal offers a variation in residential density from the traditional housing stock, and suggests a substantial difference from the existing scale, form and theme represented in the streetscape, the proposal is consistent with State Environmental Planning Policy Affordable Rental Housing.

Summary

36.       The proposal is compliant with respect to the State Environmental Planning Policy for Affordable Housing and is an acceptable form of development for the subject site. The scale and built form suggests a similar height and scale when compared to the immediate east when viewed from the public domain. The proposal complies with the maximum permissible building height for such a development. The immediate eastern neighbour has vehicle accommodation that is below the natural ground level and reads as a partial basement. The built form is deemed acceptable given the increased side setback and distance between the two structures.

 

Draft Environment SEPP

37.       The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018.

This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property.

Changes proposed include consolidating the following seven existing SEPPs:

 

·        State Environmental Planning Policy No. 19 – Bushland in Urban Areas

·        State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

·        State Environmental Planning Policy No. 50 – Canal Estate Development

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

·        Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997)

·        Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

·        Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property.

The proposal is not inconsistent with the provisions of this Draft Instrument.

 

Local Environmental Plan

Hurstville Local Environmental Plan 2012

38.       The subject site is zoned R2 Low Density Residential under the Hurstville Local Environmental Plan 2012 (HLEP 2012). The proposed development is defined as ‘multi dwelling housing’ which is permissible with consent and satisfies the zone’s objectives.

The extent to which the proposal complies with the relevant standards of HLEP 2012 as outlined in the table below.

 

Clause              

Standard

Proposed

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2(2)

The application is for the construction of a multi-unit housing development which is a permissible development form in the zone.

Yes

1.4 – Definitions

Multi dwelling housing

The development meets definition of a multi dwelling housing.

Yes

Part 2 – Permitted or Prohibited Development

R2 Low Density Residential

Multi dwelling housing is permissible in the R2 zone.

Yes

Objectives of the Zone

The proposal achieves the objectives of the zone as it will provide for the housing needs of the community within a low density residential setting, and will introduce a multi dwelling housing to the housing types available in the community.

Yes

2.7 – Demolition

Demolition is permissible with consent

Demolition proposed, permissible with consent

N/A

4.1A Minimum lot sizes for dual occupancies and multi dwelling housing

Land identified “G” on the Lot Size Map in zone R2 Low Density Residential: 630 square metres

956.9m2

Yes

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

8.24m

Yes

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

0.71:1

No, however permissible via SEPP(ARH)

See discussion below

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

The FSR is calculated in accordance with Cl 4.5

Yes

6.5 – Gross floor areas of dwellings in residential zone

> 630 square metres ≤ 1000 square metres:

(956.9 – 630) x 0.3 + 346.50 = 444.57m2

680.43m2

No, however permissible via SEPP(ARH)

(See discussion below)

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

Essential services are currently available to the site and can be extended to serve the new development. Conditions recommended for discussion to be undertaken with the service providers.

Suitable and compliant vehicular access is provided.

Yes

 

 

 

Clause 6.5 Gross floor areas of dwellings in residential zones

39.       The proposed gross floor area is 668.9m2 or 0.7:1 which exceeds the maximum permissible gross floor area of dwellings in R2 zone of 444.57m2 being 0.6:1. The subject development application is made under SEPP (Affordable Rental Housing) 2009 (SEPP (ARH)), which permits bonus floor space ratio and subsequent floor space areas (refer to discussion in SEPP (ARH) table above), the proposed gross floor area and floor space ratio is compliant.

Development Control Plans

40.       The proposed development is subject to the provisions of the Hurstville Development Control Plan No 1 (DCP No 1). The following section provides summaries of assessment of the proposal against applicable development controls.

 

 

 

ASSESSMENT HURSTVILLE DEVELOPMENT CONTROL PLAN NO 1

 

Clause              

Standard

Proposed

Complies

Adaptable Housing

In developments containing 5 or more dwellings, minimum of 1 adaptable dwelling, designed in accordance with AS4299, shall be provided. Adaptable housing dwellings shall be provided thereafter at the rate of 1 per 5 dwellings or part thereof.

The application proposes 6 dwellings, 2 adaptable housing dwellings are proposed, being dwelling Nos 2 and 5.

Yes

General Access Requirements

Access to required adaptable dwellings and relevant parking spaces. Appropriate access for all persons through the principal entrance of the building and access to any common facilities shall be provided.

The proposal includes two (2) accessible parking spaces, two chair lifts in the basement and ground levels, and accessible ramps which provides accessibility for all to and within the development.

 

Yes

Parking

 

One accessible parking space for every adaptable dwelling designed in accordance with Australian Standards.

Two (2) adaptable dwellings proposed namely dwellings 2 and 5.

Two (2) accessible parking spaces are proposed which are Australian standard.

Yes

Crime Prevention Through Environmental Design

Site and Building Layout

 

The application has been designed having regard to the provisions of Crime Prevention Through Environmental Design

Yes

 

Section 4.2 Multi Dwelling Housing

Clause              

Standard

Proposed

Complies

Site Frontage

Minimum street frontage of 15m.

The site has a 15.24m frontage to Cambridge Street.

Yes

Dwelling Density

Where in the R2 Low Density Residential zone, an average of 315m2 of site area is required per dwelling:

315m2/dwelling x 6 dwellings = 1,890m2

The site area is 956.9m2 (933.1m2 shortage).

Yes as the density is permissible under the ARHSEPP.

Building Height

Maximum 2 storeys where in the R2 Low Density Residential zone

Rear most dwelling 1 storey

The application proposes 2 storeys plus 2 dwellings have attics.

Dwelling 6 is 2 storeys designed in an attic from having a lower ridge height and no openings within the elevations of the roof. This is not acceptable from an amenity perspective, as a result highlight windows will be conditioned within the side elevations

Yes

 

No – however this application has been proposed under the ARHSEPP and there is no requirement for the rear portion of the site to be a single storey form, the application is therefore acceptable in this regard.

 

Floor to Ceiling Height

Minimum 2.7m

A minimum floor to ceiling height of 2.7m is proposed.

Yes

Excavation

The natural ground level is not excavated more than 0.5m for the finished ground floor level.

 

The maximum excavation for any building’s finished ground floor level facing a public street is 0.5m below natural ground level.

The proposal will require an excavation of maximum 0.7m for the finished ground floor level (proposed dwelling 4).

 

The proposed dwelling 1 will require an excavation of 0.5m for the finished ground floor level.

No – however development on adjacent allotments have excavated   to similar depths to facilitate development. This excavation is considered acceptable as there are not adverse impacts on the allotments adjoining resulting for the excavation proposed.

Side Setback

Minimum side boundary setback is 3m.

3m proposed

Yes

Front Setback

The minimum setback to a primary street is 4.5m.

The proposed front setback to Cambridge Street is approximately 7.8m for the first floor and 8.6m for the ground floor.

Yes

Separation between building within the site

The minimum separation distance between balconies and/or windows of different buildings located upon the same site is 5m.

5m proposed

Yes

Rear Setback

Minimum rear boundary setback is 6m.

The proposed rear setback is 6m.

Yes

Vehicle access, parking and manoeuvring

 

Car parking rate:

1 resident space for every studio, one, or 2 bedroom dwelling

2 resident spaces for every 3 or more bedroom dwelling

For development of 4 dwellings or more, one visitor space per 4 dwellings or part thereof

 

The application proposes

Required

1 by 2 bedroom dwellings - 1

3 by 3 bedroom dwellings

2 by 4 bedroom dwellings - 10

6 dwelling proposed - 2

12 parking spaces, 2 of which are accessible parking and 10 of which are standard parking spaces.

No – one space deficient however this application is proposed under the provisions of ARHSEPP and the carparking exceeds the minimum required under this instrument and is therefore compliant.

Landscaped open space

The minimum amount of landscaped open space is 20% of the site area (956.9 x 20% = 191.38m2)

24.7% or 236.96m2 (deep soil landscaping

Yes

The minimum dimension of landscaped open space is 2m in any direction.

The proposed minimum dimension of landscaped open space is greater than 2m.

Yes

Landscaping between the front of buildings and the street boundary achieves a balance between reducing the visual impact of buildings when viewed from the street and facilitating passive casual surveillance of the street.

The proposed landscaping forward of the dwelling offers separation between the proposed building and the street.

Yes

Private open space

Each dwelling containing less than 3 bedrooms is provided with an area of private open space that:

a.   has a minimum area of 50m2

b.   has a minimum dimension of 3m

contains at least one area of principal private open space that has a minimum dimension of 6m x 4m, is not steeper than 1 in 20 and is directly accessible from a main living room.

Dwelling 1 - 50.18m2

 

With compliant dimensions and form.

Yes

 

Each dwelling containing 3 or more bedrooms is provided with an area of private open space that:

a.   has a minimum area of 60m2

b.   has a minimum dimension of 3m

contains at least one area of principal private open space that has minimum dimensions of 6m x 4m, is not steeper than 1 in 20 and is directly accessible from a main living room.

Proposed dwellings 2-6:

·      Minimum total area: 52.26m2

With compliant dimensions and form.

Yes

 

The principal private open space of any dwelling is not to be located forward of the front setback.

The principal private open space of dwelling 1 is located forward of the front setback, and therefore non-compliant with this development control. The adjoining private open space located behind the front building line is deficient in length and depth.

No however the areas have been appropriately screened whilst providing acceptable active and passive surveillance to and from the public domain.

Solar Access

Development allows for at least 3 hours of sunlight on the windows of main living areas and adjoining principal private open space of adjacent dwellings between 9.00 am and 3.00 pm on 22 June.

The living areas for the proposed dwellings are located on the north and north-western end of the site, offering offset solar access at the winter solstice, as there will be overshadowing of the north and north-western neighbours throughout the most part of the day.

Yes

BASIX

Development complies with the Energy Efficiency section in Appendix 1 of the DCP and BASIX requirements.

The development application is accompanied with a BASIX Certificate No 866163M_03 dated 23 April 2018, demonstrating the nominated energy efficiency measures and commitments.

The plans have been amended since this time and a revised BASIX needs to be provided.

Yes – subject to a revised BASIX being provided.

 

Buildings are encouraged to incorporate window shading devices where necessary to minimise exposure to direct summer sun. Alternatively, windows may be shaded by the planting of large trees

Shading devices are incorporated with the façade treatments for each dwelling.

Yes

Visual Privacy

Habitable room windows of development with a direct outlook within 9m of the habitable room windows of an adjacent dwelling must be:

a.   offset by a minimum of 1m from the edge of the opposite window; or

c.   Screened or oriented to ensure visual privacy.

There are no windows in the western wall of dwelling 1 adjacent to the immediate neighbour, however the habitable room windows to dwelling 5 have not been screened, oriented or offset, there is no impact from these openings.

Yes

Noise

Windows of adjacent dwellings are separated by a distance of at least 3m.

The proposed side setbacks and building separation distances comply with relevant development controls and will minimise adverse noise impacts.

Yes

 

Site layout separates active recreational areas, parking areas, vehicle access-ways and service equipment areas from bedroom areas.

The application adequately addresses this criterion.

Yes

Streetscape

Roofs:

a.   have a pitch up to 35o, or up to 45o where an attic is involved

b.   are encouraged to have a varied shape with hips, gables or other forms

mark the entrance to a building by the use of porch, portico or similar element.

 

The proposed attic for dwellings 2 and 5 occupy a pitched roof less than 45°.

 

Yes

Wall length

The maximum wall length in one plane is 6m at the street frontage.

The proposed dwelling 1 has a front wall facing Cambridge Street with a length of 6.4m.

No – however is considered to be acceptable as this non- compliance will not be readily discernible from the public domain and is not inconsistent with the scale and form of the adjoining built form.

Fencing

Solid fences and walls fronting public space are no more than 1m in height.

Solid fences and walls fronting public space are no more than 1m in height.

Yes

Solid fences and walls fronting public space are no more than 1m in height

The proposed face brick wall fronting Cambridge Street has a maximum height of 0.8m.

Yes

Where private open space has a common boundary to a street, maximum height of fences is 1.8m provided that the fence has openings make it a minimum 50% transparent.

The proposed fencing for dwelling 1 has an average height of 1.8m and is greater than 50% transparency.

 

 

Yes

 

Fencing at street frontages is constructed from high quality durable materials such as rendered concrete, stone or treated and painted timber.

The proposed fence along Cambridge Street incorporates materials of face brickwork and aluminium infill fencing.

Yes

 

Electricity and telephone lines are provided underground unless there the connection of electricity and telephone lines directly from the service pole to the fascia of the front dwelling.

The proposed development is able to comply.

Yes

 

Mail and garbage collection areas are integrated into the overall design of the development.

The proposed mailboxes will be condition

ed to be compliant with Australia Post requirements.

A garbage storage room in provided in the basement.

Yes – subject to conditions.

 

Development provides space for the storage recyclable goods, either in the curtilage of each dwelling or in a central storage area in larger development.

A centralised waste storage room is proposed in the basement and is compliant with Council’s waste criterion.

Yes

 

A master TV antenna provided for any development of more than two dwellings.

The proposed development is able to comply with this development control.

Yes

 

A minimum area of 6m3 per dwelling is provided for storage and is located as either an extension of a carport or garage or part of an attic.

The proposal includes seven (7) storage areas in the basement level. Six (6) storage areas have an area of 6m3; and one (1) has an area of 7.5m3.

Yes

 

3.2 Subdivision

 

41.       The proposed development involves strata subdivision upon the completion of development. However, strata subdivision cannot be approved having regard to the judgment of recent case law held at DM & Longbow Pty Ltd v Willoughby City Council [2017] NSWLEC 1358.

 

42.       It is acknowledged standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018 was made on 18 April 2018 and published on 20 April 2018 which provided clarity with respect to strata subdivision lot size whereby the minimum lot size was not applicable. However this amendment does not apply to developments that were lodged but not determined prior to this Order being made.

 

43.       As a result the Strata Subdivision component of the application cannot be supported as part of this development proposal.

3.5 Landscaping

44.       A assessment of the proposed has been undertaken having regard to the controls, the application is considered to be acceptable with respect to the landscaping provisions fo the DCP.

3.7 Stormwater

45.       The stormwater design of the proposal is considered to be compliant with the provisions of the DCP. Stormwater related comments and conditions have been provided.

IMPACTS

Natural Environment

46.       The proposal has a minimal impact in terms of the natural environment as the application does not result in the removal of significant vegetation. It is acknowledged the application will result in excavation of the site for the basement; however there are no protected environmental elements within the site. The application is considered acceptable in this regard.

Built Environment

47.       This application will introduce a new scale and form to this site, the development will result in a considerable density increase. It is acknowledged there are inconsistencies in the assessment criteria between the State instruments and those of Georges River Council. In this regard the application meets the assessment criterion of the State Environmental Planning Policy (Affordable Rental Housing) 2009 with respect to bulk, scale, form, density and height.

The application is therefore considered to be acceptable from a scale and form approach and therefore will be recommended for approval subject to conditions.

Social Impact

48.       Approval of the development would generally have acceptable social impacts, by contributing to the range of housing choice available to the community of Penshurst and providing affordable rental housing.

Economic Impact

49.       Approval of the development would generally have acceptable economic impacts, for instance, by creating demolition and construction related employment opportunities, and providing additional housing, in particular affordable rental housing, available to both the rental and owner-occupier housing markets. However, as discussed throughout the report, the non-compliance of environmental planning instruments and DCP No 1 proposed in this application is not supported.

Suitability of the Site

50.       A review of the environmental constraints pertaining to the subject land has been undertaken. There are no constraints, including but not limited to, topography, flooding, bushfire, that would render the site as unsuitable for the proposed development.

SUBMISSIONS AND THE PUBLIC INTEREST

51.       In accordance with the provisions of Section 2.2 Neighbour Notification and Advertising of Development Applications of DCP No 1, the DA was placed on neighbour notification on three (3) separate occasions throughout the assessment of the application, the most recent being 8 – 22 August 2018. As a result of these notifications a total of thirteen (13) submissions were received objecting to the proposal.

The issues of concern are summarised and discussed as follows:

·     Object to the Development

 

52.       Comment: Noted, this is the only content of this submission.

 

·     Privacy Loss – visual and aural loss from the bulk of the building in the rear of the site.

 

53.       Comment: The proposed development has a rear setback of 6m which is compliant with the controls for the site.

The rear most dwelling has a lower scale roof design with no openings in the eastern, southern or western elevations at the upper level, with light and ventilation being provided by openable skylights.

This is not considered to provide acceptable natural light and ventilation; as a result conditions will be imposed to provide highlight windows in the eastern and western elevations (side) to provide adequate light and ventilation for future occupants.

It is considered whilst the development extends considerably further into the site, the proposal being residential will not result in acoustic impacts beyond that envisaged by residential development from a permissible development form.

 

·     Overshadowing - Concern is raised that the development will cause increased overshadowing onto adjoining properties.

 

54.       Comment: The proposal proposes six (6) dwellings in two (2) separate buildings have a building separation of 5m. Shadow diagrams have been provided with the amended plans (for 21st of March, June, September, and December). Shadow diagrams for 21 June show that the development will result in overshadowing onto the adjoining allotment and internally within the site at various times throughout the day. However the proposal demonstrates that an acceptable level of solar access to all dwellings is achieved.

 

·     Development is out of Character.

 

55.       Comment: This application is seeking to demolish a single storey dwelling an ancillary structures and construct a multi dwelling house development comprising 6 2 storey dwelling, 2 with attic and basement carparking. It is acknowledged that the streetscape has traditional forms of development being single storey dwellings with pitched roofs. Notwithstanding this, there are multi dwelling developments within the visual catchment of the site, modest 2 storey dwellings with basement and basement style carparking. The newer development comprises modern contemporary scales, forms and finishes which are consistent with the development proposed.

The development is proposed within a changing streetscape, and is not inconsistent with the desired future character of the locality given this development type is permissible and is a scale and form enabled by the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

·     Non-compliant rear setback.

 

56.       Comment: The proposed rear setback is 6m which is compliant with Council’s DCP1.

 

·     Non-compliance with the SEPP relating to distances to services and landscaped area requirements.

 

57.       Comment: This comment is considered to relate the provisions in the SEPP about being in an accessible location. The proposal is within 90m of a bus stop that has a regular service to Hurstville and Parramatta which enables access to all services of a household.

 

·     Application contradicts SEPP 65 guidelines.

 

58.       Comment: This development being multi-unit housing incorporating a basement carpark is not subject to SEPP 65 as this is only applicable to a residential flat building development above 3 storeys.

 

·     Proposed FSR is non-compliant with the 0.5:1 criteria.

 

59.       Comment: The subject site under the HLEP2012 is permitted to have a floor space of 0.6:1. The application however has been proposed under the provisions of the ARHSEPP which is subject to floor space bonus. The permissible FSR is therefore 0.86:1. The application has a proposed floor space which equates to 0.70:1 and is complaint.

 

·     Landscaped area - Concern is raised that the proposed development in its original form fails to provide at least 30% of landscaped area.

 

60.       Comment: The application proposes a landscaped area of 303.04m2 which is 31.6% of the total site area. The proposed development complies with the development control.

 

·     Accessible area

61.       Comment: Clause 10(3) of SEPP (Affordable Rental Housing) 2009 regulates that an accessible area is defined as

‘accessible area means land that is within:

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

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

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

There is one bus service, Route M91, providing regular bus service between Hurstville and Parramatta via Cambridge Street which meets with the criteria above(timetable is attached to this report). The bus stop is within 90m of this site.

 

·     Proposal is inconsistent with the zone objectives

 

62.       Comment: The objectives of the zone are:

Zone R2   Low Density Residential

1   Objectives of zone

•      To provide for the housing needs of the community within a low density residential environment.

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

•      To encourage development of sites for a range of housing types, where such development does not compromise the amenity of the surrounding area, or the natural or cultural heritage of the area.

•      To ensure that a high level of residential amenity is achieved and maintained.

•      To encourage greater visual amenity through maintaining and enhancing landscaping as a major element in the residential environment.

•      To provide for a range of home business activities where such activities are not likely to adversely affect the surrounding residential amenity.

As highlighted above this application meeting the various objectives of the zone that relate to residential development, as a result the application is consistent with the objectives of the R2 zone.

 

·     Out of character with the street.

 

63.       Comment: The application is seeking a multi dwelling housing development in a street that is undergoing change. There is evidence of this style of development within the visual catchment together with evidence of basement style and basement vehicle accommodation. The development is modern and contemporary in scale, form and materials which are consistent with recent developments in the locality.

 

 

·     Non-compliant with the 9 metres height control.

 

64.       Comment: The proposed building height is 8.24m complying with the maximum building height of 9m under HLEP 2012.

 

·     Impact on parking, traffic and facilities.

 

65.       Comment: Under the provisions of the SRHSEPP the development requires 8 spaces to be provided. The development proposes 12 carparking spaces in the basement which is therefore compliant.

The application will be conditioned for the second driveway access to be deleted providing additional on street space for the parking of vehicles. 

 

·     Development Density

 

66.       Comment: The development density is derived by the provisions of the ARHSEPP. The application meets with the criteria referenced in the SEPP and is therefore an acceptable development form.

 

·     Traffic impact

 

67.       Comment: The provision of 6 dwellings where 1 was previously located will result in additional vehicle movement within the road network. It is considered the road network has capacity to accommodate the additional vehicle movement. The application also proposes compliant carparking on site and the removal of the redundant driveway will also provide additional on street space in which to park. The application is acceptable in this regard.

 

·     Loss of Landscaping:

 

68.       Comment: The site presently contains considerable hard surface areas including 2 vehicular access driveways. The development will provide additional built upon area, however there will be supporting landscaping which meets the minimum controls throughout the site.

 

·     Risk to life and safety and health of occupants adjoining:

 

69.       Comment: This submission raises concerns with the occupants to be accommodated and the development form and scale. The residents to be accommodated will be rental screened like any other residential property, and the same tenancy agreements will be in place. Should the development be strata subdivided into the future than the dwellings will go to the sale market like any other property.

With respect to the comments relating to the development, the proposal has been designed to be compliant relating to the manoeuvrability in and out of the basement and the active and passive surveillance of the street to and within the development site.

 

·     The Development is three (3) storeys

 

70.       Comment: The application is a 2 storey development with 2 of the dwellings accommodating an attic space. The development meets the storeys control.

·     Introduction of a new scale and development form in the streetscape

 

71.       Comment: The development is a permissible development form in the streetscape that has been designed to meet the criteria referenced in the ARHSEPP.

 

·     Loss of green belt in the rear yard

 

72.       Comment: The extent of rear yard will be reduced to accommodate the development form proposed. The application however meets the rear setback control and has compliant landscaping, deep soil and private open space.

 

·     Non-compliant street setback, adjoining development was made to be 12m back

 

73.       Comment: The proposal aligns with the immediate adjoining allotments and is not inconsistent with the setbacks within the visual catchment of the site.

 

·     Waste collection, additional bins results in street congestion

 

74.       Comment: The application being for 6 dwelling will increase the waste bins for the site. It is acknowledged there is a waste bin store in the basement and the bins will be collected kerb side on waste collection day.

 

·    Stormwater concerns

 

75.       Comment: The development proposes an OSD tank in the basement whereby the water will be collected and pumped to the street gutter network in Cambridge Street. This has been reviewed by Council’s Development Engineers who consider the application to be acceptable subject to conditions.

 

REFERRALS

Internal Referrals

Stormwater Engineer

76.       Comment: The development proposes an OSD tank in the basement whereby the water will be collected and pumped to the street gutter network in Cambridge Street. This has been reviewed by Council’s Development Engineers who consider the application to be acceptable subject to conditions

Tree Management Officer

77.       Comment: There are no significant trees on the site therefore no tree retention and protection is required. The landscaping plan has been reviewed and is considered to be acceptable subject to conditions.

Development Contributions

78.       The development is subject of a Section 7.12 contribution (former Section 94A Contribution) under the provisions of the Georges River Council Section 94A Contributions Plan 2017.

 

 

DEVELOPMENT CONTRIBUTIONS

Hurstville Section 94 Development Contributions Plan 2012 - Residential (Community Facilities)

$ 9,307.98

Hurstville Section 94 Development Contributions Plan 2012 - Residential (Open Space, Recreation, Public Domain 3Bed+)

$ 65,815.44

Total

$75,123.42

 

SUMMARY

79.       This application is for multi dwelling housing which is a permissible development form under the provisions of Hurstville Local Environmental Plan 2012. The application has however been proposed under the provisions of State Environmental Planning Policy Affordable Rental Housing 2009 (ARHS) which does permit additional density when affordable housing is proposed.

 

80.       The assessment criterion has inconsistencies between instruments, in this regard the criteria of the ARHS is the predominant assessment instrument for this application.

CONCLUSION

81.       The application has been assessed having regard to the Heads of Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, and is considered to be satisfactory in its current form subject to conditions .

 

DETERMINATION AND STATEMENT OF REASONS

 

Statement of Reasons

 

1.         The proposal is compliant with respect to the State Environmental Planning Policy Affordable Housing 2009 and proposes a compliant and acceptable form of development for the subject site and the locality.

 

2.         The development is consistent with the desired future character of the locality given the compliant scale, form and that the proposal is consistent with the modern contemporary materials, colours and finishes.

 

3.         The development is not inconsistent with the height of recent developments within the visual catchment of the site.

 

4.         The development provides for the housing needs of the community within a low density residential environment.

 

5.         The development meets the need for a range of housing types, and does not compromise the amenity of the surrounding area, or the natural or cultural heritage of the area.

 

DETERMINATION

 

THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979 (as amended), the Council approves development consent to Development Application No DA2017/0551 for demolition of the existing structures and construction of a multi dwelling housing comprising six dwellings (including one affordable housing rental housing) and basement car parking at Lot 18 DP 6558 subject to the attached conditions of consent.

 

 

Section A      Development Details

 

1.      DEV6.1 - 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:

 

Description

Reference No.

Date

Revision

Prepared by

Site Plan

A-0006

April 18

B

Benson McCormack Architecture

Floor Plan

Level 00 Ground

A-0102

May 18

C

Benson McCormack Architecture

Floor Plan

Level 01

A-0103

May 18

C

Benson McCormack Architecture

Floor Plan Attic

A-0104

May 18

C

Benson McCormack Architecture

North Elevation

A-0201

May 18

C

Benson McCormack Architecture

South Elevation

A-0202

May 18

C

Benson McCormack Architecture

East Elevation

A-0203

May 18

C

Benson McCormack Architecture

West Elevation

A-0204

May 18

C

Benson McCormack Architecture

Streetscape

A-0205

May 18

C

Benson McCormack Architecture

Section AA

A-0221

May 18

C

Benson McCormack Architecture

Section BB + CC

A-0222

May 18

C

Benson McCormack Architecture

Driveway Section

A-1310

May 18

C

Benson McCormack Architecture

Schedule of Colours and Finishes

A-1308

April 18

B

Benson McCormack Architecture

Landscape Plans

LP01, LP02, LP03

Jun 18

D

Matthew Higginson Landscape Architecture Pty Ltd

 

 

 

 

Section B     Separate Approvals Required Under Other Legislation

 

2.      APR7.4 - Vehicular Crossing - Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

 

(a)     Construct a 1.5 metre wide footpath for the full length of the frontage of the site in Cambridge Street in accordance with Council’s Specifications applying at the time construction approval is sought.

(b)     The thickness and design of the driveway shall be in accordance with Council’s Specifications applying at the time construction approval is sought.

(c)     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 applicant.  The work shall be carried out in accordance with Council’s specification, applying at the time construction approval is sought.

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993 <http://legislation.nsw.gov.au/>, prior to the commencement of those works.

 

3.      APR7.6 Engineering - Council’s stormwater drainage system shall be extended north-westerly along Cambridge Street for a distance of approximately 30 metres by installing a 375mm (min.) diameter pipeline and terminating with a stormwater kerb inlet pit directly in front of the subject site, with all costs borne by the developer.

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

 

4.      APR7.7 - Building - Hoarding Application - Prior to demolition of the buildings on the site or the commencement of work above ground level a separate application for the erection of an A class (fence type) or a B class hoarding or C type scaffold, in accordance with the requirements of Work Cover Authority of NSW, must be erected along that portion of the footway/road reserve, where the building is within 3.0 metres of the street boundary. An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

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

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

(b)     Hoarding plan and details that are certified by an appropriately qualified engineer; and

(c)     The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available on our website) before the commencement of work; and

(d)     A Public Risk Insurance Policy with a minimum cover of $10 million in relation to the occupation of and works within Council's road reserve, for the full duration of the proposed works, must be obtained a copy provided to Council. The Policy is to note Council as an interested party; and

 

(e)     The application must be endorsement by the Roads & Maritime Services (RMS) as the hoarding is located within 100m of an intersection with traffic lights. For assistance you should contact the DA unit at RMS and speak to Hans on 88492076. Or email hans.pilly.mootanah@rms.nsw.gov.au to obtain concurrence for the hoarding structure.

 

5.      APR7.2 - Section 138 Roads Act 1993 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.

Separate approval is required under Section 138 of the Roads Act 1993 <http://legislation.nsw.gov.au/> and/or Section 68 of the Local Government Act 1993 <http://www.legislation.nsw.gov.au/> for any of the following activities carried out in, on or over a public road (including the footpath) listed below.

An application is required to be lodged and approved prior to the commencement of any of the following works or activities;

(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 & ancillary works in the road reserve; and

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

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

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

The relevant Application Forms for these activities can be downloaded from Council’s website www.georgesriver.nsw.gov.au <http://www.georgesriver.nsw. gov.au>.  For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.

 

6.      APR7.4 - Vehicular Crossing - Major Development - Constructing a vehicular crossing and/or footpath requires a separate approval under Section 138 of the Roads Act 1993 prior to the commencement of those works.

To apply for approval, complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Georges River Council’s Website at 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.

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 in accordance with Council’s specifications applicable at the time, prior to the issue of an Occupation Certificate.

 

7.      APR7.5 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the RMS, 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.

 

Section C        Requirements of Concurrence, Integrated & Other Government Authorities

 

8.      GOV8.12 - Sydney Water - Tap in TM - The approved plans must be submitted to a Sydney Water Tap in TM to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  The approved plans will be appropriately endorsed.  For details please refer to ‘Plumbing, building and developing’ section of Sydney Water’s web site at www.sydneywater.com.au then see ‘Building’, or telephone 13000 TAP IN (1300 082 746).  The Certifying Authority must ensure that a Tap in TM agent has appropriately stamped the plans prior to the issue of the Construction Certificate.

 

9.      GOV8.13 - Notice of Requirements for a Section 73 Certificate - A Notice of Requirements of what will eventually be required when issuing 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 Co-ordinator.  Please refer to the ‘Plumbing, building and developing’ section of the web site www.sydneywater.com.au then refer to ‘Providers’ under ‘Developing’ 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 Co-ordinator, 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. A Section 73 Compliance Certificate will be required at the completion of development in accordance with further conditions.

 

10.    GOV8.14 - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be submitted to the PCA prior to the issue of the Occupation/Subdivision Certificate.

 

Section D     Prior to the Issue of a Construction Certificate

 

11.    CC9.13 - Low reflectivity roof - Roofing materials must be low glare and reflectivity. Details of finished external materials including colours and texture must be provided to the Certifying Authority.

 

12.    CC9.33 - Pre-Construction Dilapidation Report - Private Land - A professional engineer specialising in structural or geotechnical engineering shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises that shall be affected by the excavation as determined by the consulting engineer.

The report shall be prepared at the expense of the applicant and submitted to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate.

A copy of the pre-construction dilapidation report is to be provided to the adjoining properties (subject of the dilapidation report), a minimum of 5 working days prior to the commencement of work. Evidence confirming that a copy of the pre-construction dilapidation report was delivered to the adjoining properties must be provided to the PCA.

Should the owners of properties (or their agents) refuse access to carry out inspections, after being given reasonable written notice, this shall be reported to Council to obtain Council’s agreement to complete the report without access. Reasonable notice is a request for access in no sooner than 14 days between 8.00am-6.00pm.

 

13.    CC9.35 - On Site Detention - The submitted stormwater plan has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

An on-site detention (OSD) facility designed by a professional engineer who specialises in Hydraulic Engineering must be designed, approved and 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,

 

(b) at Annual Recurrence Intervals of 2 years and 100 years.

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

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:

"BEWARE: This is an on-site detention basin/tank for rainwater which could overflow during heavy storms."

Full details shall accompany the application for the Construction Certificate.

 

14.    CC9.36 - Detailed Stormwater Drainage Design - The design of the pump-out system for storm water disposal will be permitted for drainage of basement areas only, and must be designed in accordance with the following criteria:

 

(a)     The pump system shall consist of two pumps, connected in parallel, with each pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one-hour duration storm. The holding tank shall be capable of holding one hour’s runoff from a one-hour duration storm of the 1 in 20 year storm;

 

(b)     The pump system shall be regularly maintained and serviced, every six (6) months.

Details and certification of compliance from a professional engineer specialising in civil engineering shall be provided for approval with the Construction Certificate application.

 

15.    CC9.42 - Pump-Out System Design for Stormwater Disposal - The design of the pump-out system for storm water disposal will be permitted for drainage of basement areas only, and must be designed in accordance with the following criteria:

           

(a)     The pump system shall consist of two pumps, connected in parallel, with each pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one-hour duration storm. The holding tank shall be capable of holding one hour’s runoff from a one-hour duration storm of the 1 in 20 year storm;

(b)     The pump system shall be regularly maintained and serviced, every six (6) months; and

(c)     The drainage disposal shall be discharged to the OSD system.

Details and certification of compliance from a professional engineer specialising in civil engineering shall be provided for approval with the Construction Certificate application.

 

16.    CC9.47 - Fire Safety Measures - Prior to the issue of a construction certificate a list of the essential fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a construction certificate, which is required to be submitted to either Council or a PCA. Such list must also specify the minimum standard of performance for each essential fire safety measure included in the list. The Council or PCA will then issue a Fire Safety Schedule for the building.

 

17.    CC9.52 - Access for Persons with a Disability - Access for persons with disabilities must be provided to the basement carpark and to at least one readily adaptable premises, including to its private open space in accordance with the requirements of the Premises Standards, the Building Code of Australia and AS 1428.1. Details must be submitted with the Construction Certificate Application.

In regards to the above, motor vehicle parking and access throughout the basement level shall also be made available.

 

18.    CC9.54 - Geotechnical report - The applicant must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction.  This is to be submitted before the issue of the Construction Certificate and is to include:

 

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

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

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

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

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

 

19.    CC9.1 - Fees to be paid - 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 (available at www.georgesriver.nsw.gov.au).

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 7.11 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.

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 summary of the fees to be paid are listed below:

 

Fee Type

Fee

GENERAL FEES

Long Service Levy (to Long Service Corporation) Or, provide evidence of Payment direct to the Long Service Corporation.  See https://portal.longservice.nsw.gov.au/bci/levy/

Builders Damage Deposit

$1,900.00

Inspection Fee for Refund of Damage Deposit

$155.00

 

 

DEVELOPMENT CONTRIBUTIONS

 

Hurstville Section 94 Development Contributions Plan 2012 - Residential (Community Facilities)

$ 9,307.98

Hurstville Section 94 Development Contributions Plan 2012 - Residential (Open Space, Recreation, Public Domain)

$ 65,815.44

Total

$75,123.42

General Fees

The 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.

Development Contributions

The Section 7.11 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.

A Section 7.12 contribution has been levied on the subject development pursuant to the Georges River Council Section 94A Contributions Plan.

Indexation

The above contributions will be adjusted at the time of payment to reflect changes in the cost of delivering public amenities and public services, in accordance with the indices provided by the relevant Section 94 Development Contributions Plan.

Timing of Payment

The contribution must be paid and receipted by Council prior to the release of the Construction Certificate.

Further Information

A copy of the all current Development Contributions Plans may be inspected or a copy purchased at Council’s offices (Georges River Civic Centre, MacMahon Street, Hurstville and Kogarah Library and Service Centre, Kogarah Town Square, Belgrave Street, Kogarah) or viewed on Council’s website www.georgesriver.nsw.gov.au.

 

20.    CC9.5 - Damage Deposit – Major Works - In order to insure against damage to Council property the following is required:

Pay Council, before the issue of the Construction Certificate, 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

Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $155.00

Submit to Council, before the commencement of work, a dilapidation report of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal.

At the completion of work Council will review the dilapidation report and the Works-As-Executed Drawings (if applicable) and inspect the public works.

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

 

21.    CC9.6 - Site Management Plan - Major Development - A Site Management Plan must be submitted with the application for a Construction Certificate, and include the following:

(a)  location of protective site fencing;

(b)  location of site storage areas/sheds/equipment;

(c)   location of building materials for construction, e.g. stockpiles

(d)  provisions for public safety;

(e)  dust control measures;

(f)    method used to provide site access location and materials used;

(g)  details of methods of disposal of demolition materials;

(h)   method used to provide protective measures for tree preservation;

(i)    provisions for temporary sanitary facilities;

(j)    location and size of waste containers/skip bins;

(k)   details of proposed sediment and erosion control measures;

(l)    method used to provide construction noise and vibration management;

(m) construction and demolition 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 kept on site and is to be made available upon request.

 

22.    CC9.9 - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 866163M-03 dated 23 April 2018must be implemented on the plans lodged with the application for the Construction Certificate.

 

23.    CC9.32 - Erosion & Sedimentation Control - Erosion and sediment controls must be provided to ensure:

(a) Compliance with the approved Erosion & 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 runoff 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 prior to the commencement of work (including demolition and excavation) and must remain until works are completed and all exposed surfaces are landscaped/sealed.

 

24.    CC9.12 - Required design changes - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

·    Access for All

The construction certificate plans and documents are to include an adaptable layout plan that demonstrates compliance with AS4299-1995 – Adaptable Housing and AS1428 - 1992 – Design for Access and Mobility.

·     Resident Amenity

Openings compliant with the Building Code of Australia are to be installed to the first floor eastern and western elevations (side) of dwelling 6 to provide appropriate natural light and ventilation to the bedrooms to improve the amenity for future occupants of the dwelling.

 

·     Mailboxes – The location of the mailboxes are to be shown on the plans compliant with Australia Post Guidelines.

 

·     Stormwater drainage plan

According to the stormwater drainage plan (drawing 1853-S2/4) dated 20 April 2018, Rev C and prepared by John Romanous & Associates, the proposed site drainage shall be connected to the existing Council’s street kerb and gutter system which is not acceptable to Council.

Referring to Hurstville DCP 1, Section 3.7.3, Part A for Development Requirements, development sites greater that 700m2 in area must discharge stormwater into Council’s stormwater system. A gully pit with 2400mm lintel is to be constructed at this location. If no pipe line exists, a new pipe line must be constructed to discharge stormwater. Please note that a drainage application under Section 68 of the Local Government Act 1993 and Section 138 of the Roads Act 1993 is required to get approval to connect to Council’s drainage system.

The stormwater plans shall be revised and submitted to Council’s Asset Engineer satisfying the following.

·      A new 375 mm diameter RCP drainage line shall be designed and constructed along Cambridge Street from the site to the nearest kerb inlet pit (near 10 Clarence Street). This is to ensure Council’s requirements are met.

·      The proposed drainage along Cambridge Street shall be documented on a detailed features survey plan that describes all existing structures, utility services, vegetation and other relevant information.

·      The inlet pits shall be cast-in-situ and conforming to Council's standard drainage pit details.

·      The minimum distance from the lintel to the near end of the splay of the driveway at kerb line shall be at least 500mm.

·      A drainage system longitudinal section drawn at a scale of 1:100 or 1:200 horizontally and 1:10 or 1:20 vertically and showing crossing utility services, pipe size, class and type (minimum class 2), pipe support type in accordance with AS 3725 or AS 2032 as appropriate, pipeline chainages, pipeline grade, hydraulic grade line and any other information necessary for the design and construction of the drainage system.

·      Referring to Drawing 1853 – S4/4, the stormwater inlet pipes to the rainwater tank and OSD tanks shall be shown on the drawing.  On Site Detention – Triangular Hydrographs assumed that 100% of the site will go through the OSD system. However, front yard surface runoff is likely to bypass the OSD tank.  The OSD calculations shall be amended accordingly.

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

 

25.    CC9.34 - Stormwater System - The submitted stormwater plan has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

 

(a)     All stormwater shall drain by gravity to the upper level of the proposed Council kerb inlet pit at the street gutter located directly in front of the subject development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).

 

(b) Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineer who specialises in Hydraulic Engineering 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.

(c)  The underground basement car park must pump to and all other stormwater must drain by gravity to the OSD system.

(d) The construction of the building and driveway shall be designed to protect the underground basement from possible inundation by surface waters. The crest of the driveway shall be set least 150 mm above the top of the kerb levels.

(e) The sub soil drainage for the below ground structures including basement car parks  shall be designed in accordance with the findings and recommendations in the geotechnical report. The geotechnical report should assess any possible impact of the proposed development upon existing ground water table and surrounding land and buildings. Should the results of the report indicate that the site is likely to experience issues associated with groundwater management, a fully-tanked dry basement with no sub soil drainage collection or disposal and an allowance made for any hydrostatic pressures.

26.    CC9.43 - Stormwater Drainage Plan Details - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineering specialising in hydraulic engineering shall be submitted with the Construction Certificate application.

          These plans shall be prepared in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (2005 or 2016) and Council's drainage guidelines in Appendix 2 of the Hurstville Development Control Plan 1.

 

27.    CC9.44 – Driveway Construction Plan Details - Detailed engineering plans for the driveway shall be submitted with the Construction Certificate application for approval that show:

 

(a) Longitudinal and cross sections, gradients, access onto the proposed lots, type of construction materials designed in accordance with Council's Subdivision standards and AS/NZS2890.1-2004.

 

(b) Suitable underground provision for the supply of all relevant services to the proposed lots (proposed position of pipes and conduits).

 

(c)  The full length of the driveway designed with a minimum 150mm thick reinforced concrete and minimum of 2.7m wide pavement/kerb face to kerb face width, and a non-slip surface.

 

28.    CC9.45 - Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a professional engineer specialising in practising structural engineering must detail how Council’s property shall be supported at all times. 

          Where any shoring is to be supporting, or located on Council’s property, certified structural engineering drawings detailing; the extent of the encroachment, the type of shoring and the method of removal, shall be included on the plans.  Where the shoring cannot be removed, the plans must detail that the shoring will be cut to 150mm below footpath level and the gap between the shoring and any building shall be filled with a 5MPa lean concrete mix.

 

29.    CC9.48 - Structural details - Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns and 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.

 

30.    CC9.61 - 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).

 

31.    CC9.62 - Construction Traffic Management Plan - A Construction Traffic Management Plan detailing:

 

(a)  Construction vehicle routes;

 

(b)  Anticipated number of trucks per day;

 

(c)   Hours of construction;

 

(d)  Access arrangements; and

 

(e)  Proposed traffic measures to minimise impacts of construction vehicles must be submitted for the approval of Council’s Engineers. Council’s Engineers must specify in writing that they are satisfied with the Traffic Management Plan prior to the issue of the Construction Certificate.

 

32.    CC9.78 - 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 Certifying Authority prior to the issue of any Construction Certificate.

 

33.    CC9.83 - 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:

 

(a) Location of existing and proposed structures, services and  existing trees;

 

(b) Details of earthworks including mounding and retaining walls and planter boxes;

 

(c)  Location of proposed plants and a plant schedule showing the plant symbol,  botanical name/ common name; quantity; pot size/; and mature height x width.

 

(d) Details of planting procedure and maintenance;

 

(e) Landscape specification;

 

(f)   Details of drainage and watering systems;

 

(g) Details of garden edging and turf; and

 

(h)  Any required fencing, retaining walls and other structures not shown on other approved architectural and engineering plans.

 

34.    CC9.84 - Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans drawn by Mathew Higginson Landscape Architecture Pty Ltd, Dwg No LP01 – LP03. The landscaping shall be maintained in accordance with the approved plans in perpetuity.

 

35.    CC9.87 - Tree Protection and Retention - The following trees shall be retained and protected:

 

Tree Species

Location of Tree / Tree No.

Tree Protection Zone (metres)

Leptospermum Spp

79a Cambridge St, Neighbours tree, northern fence line

6.0 metres

 

Details of the trees to be retained must be included on the Construction Certificate plans.

General Tree Protection Measures

 

(a) All trees to be retained shall be protected before and maintained during demolition, excavation and construction of the site.

 

(b) The tree protection measures must be in undertaken in accordance AS4970 -2009 Protection of trees on development sites.

 

(c)  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 5 or above in Arboriculture).

 

(d) The Arborist must be present on-site during the stages of construction when works are being undertaken that could impact on the tree canopy or root zone within the tree protection zone to implement the tree protection measures as required.

 

(e) Unless otherwise specified in AS 4970-2009 Protection of trees on development sites, a protective fence consisting of 1.8 metres high, fully supported chainmesh fence 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 in the table above. 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.

 

(f)   The Tree Protection Zone of each tree, to be protected, shall be watered thoroughly, regularly to minimise the effects of construction works.

 

(g) No services shall be installed within the TPZ of the tree unless approved by Council. This fence shall be kept in place during demolition, construction and also have a sign displaying ‘Tree Protection Zone - DO NOT ENTER’ attached to the fence and must also include the name and contact details of the Project Arborist.

Excavation works near tree to be retained

 

(a) 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.

 

(b) 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.

 

(c)  Tree Protection Zone 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.

Details satisfying this condition shall be shown on the Construction Certificate plans.

 

Pier and Beams

To preserve the Leptospermum (neighbours tree) as marked on the Detail and contour survey, prepared by Structerre surveying dated 24/7/17, the footings of the proposed building works shall be isolated pier and beam construction within a 5.0 metre radius of the trunk. The piers shall be hand dug and located such that no roots of a diameter greater than 50mm are severed or injured in the process of any site works during the construction period. The beam shall be located on or above the existing soil levels.

Details of this construction method shall be shown on the Construction Certificate plans.

 

36.    CC9.89 - Tree Removal & Replacement - Tree removal

Permission is granted for the removal of the following trees:

 

Tree species

Number of trees

Location

Archontophoenix cunninghamiana

2

Northern fence line, midway

Mangifera indica (Mango)

1

Back western fence line

 

General Tree Removal Requirements

(a) All tree removal shall 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).

 

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

 

(c)  Council shall be appointed to remove all tree/s on public land. All costs associated with the removal of the tree/s and the planting of replacement trees shall be met by the applicant. Fees and charges outlined in the table below are subject to change and are set out in the current version of Council's ‘Schedule of Fees and Charges’, applicable at the time of payment.

 

Tree Replacement

The following replacement trees are to be planted prior to the issue of either an Occupation Certificate or Subdivision Certificate (whichever is first). All replacement trees must be replanted a minimum of 3m away from any driveway, building or structure.

 

Replacement Tree Species

Number of trees

Location

Pot Size

Hurstville Development Control Plan No.1:

Appendix 1: No. 5 Tree Species Selection & No. 9 Preservation of Trees & Vegetation

1

Front grassed nature strip

45 litre

 

A copy of the Hurstville City Council’s Tree Removal and Pruning Guidelines and Kogarah City Council, Street Tree Management Strategy and Masterplan, can be downloaded from Council’s website www.georgesriver.nsw.gov.au.

 

37.    CC9.90 - Allocation of street addresses - In order to comply with AS/NZS 4819:2011 Rural and Urban Addressing & the NSW Addressing User Manual (Geographical Names Board of NSW) and Georges River Council’s requirements, the street addresses for the subject development must be allocated, an application is to be lodged with Council seek the allocation of appropriate unit and address details.

Details indicating compliance with this condition must be shown on the plans lodged with any Construction Certificate for approval.

 

Section E        Prior to the Commencement of Work (Including Demolition & Excavation) 

 

38.    PREC10.17 - Building - Structural Engineers Details - Supporting excavations and adjoining land - Prior to the commencement of work in connection with the excavation of the site associated with the basement car park, structural engineer’s details relating to the method of supporting the excavation must be submitted.

 

39.    PREC10.1 - Demolition & Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2001 - Demolition of Structures, NSW Work Health & Safety Act 2011 and the NSW Work Health & 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 PCA 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 & Safety Act 2011 and the NSW Work Health & Safety Regulation 2011 unless specified in the Act and/or Regulation that a license is not required.

All demolition work including the removal of asbestos, shall be undertaken in accordance with the Demolition Code of Practice (NSW Work Cover July 2015).

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

 

40.    PREC10.2 - 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 Council advising of the demolition date, details of the SafeWork 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.

 

41.    PREC10.3 - Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

 

42.    PREC10.10 - 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.

 

43.    PREC10.11 - Dilapidation Report on Public Land

Prior to the commencement of works (including demolition and excavation), a dilapidation report must be prepared for the Council infrastructure adjoining the development site.

The report must include the following:

(a) Photographs showing the existing condition of the road pavement fronting the site,

(b) Photographs showing the existing condition of the kerb and gutter fronting the site,

(c)  Photographs showing the existing condition of the footpath pavement fronting the site,

(d) Photographs showing the existing condition of any retaining walls within the footway or road, and

(e) The full name and signature of the structural engineer.

The Dilapidation Report must be prepared by a professional engineer. The report must be provided to the PCA and a copy provided to the Council.

The report is to be supplied in electronic format in Word or PDF. Photographs are to be in colour, digital and date stamped.

Note: Council will use this report to determine whether to refund the damage deposit after the completion of works.

 

44.    PREC10.14 - Registered Surveyors Report - During Development Work - A report must be submitted to the PCA 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.

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

 

45.    PREC10.15 - Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the applicant’s expense.

Section F        During Construction

 

46.    CON11.1 - Site sign - Soil & Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), a durable site sign, issued by 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.

 

47.    CON11.2 - Hours of construction for demolition and building 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 is permitted on Sundays, or Public Holidays.

Note: A penalty infringement notice may be issued for any offence.

 

48.    CON11.3 - 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 by Council.

 

49.    CON11.11 Physical connection of Stormwater to site - No work is permitted to proceed above the ground floor slab level of the building until there is physical connection of the approved stormwater drainage system from the land the subject of this consent to Council's drainage system.

Utility Services

The applicant shall undertake and bear all costs associated with the liaison, approval and relocation of any utility services. All correspondence and approvals between the Applicant and utility authorities shall be provided to the Council in conjunction with engineering documentation for the stormwater drainage works.

 

Drainage Works

Construction inspections shall be required by Council’s Asset Engineer for the Council stormwater drainage works on public roads at the following hold points:

 

(a) Upon excavation of trenches shown on the approved drainage drawings.

 

(b) Upon installation of pipes and other drainage structures.

 

(c)  Upon backfilling of excavated areas and prior to the construction of the final pavement surface.

An inspection fee is applicable for each visit, and at least 24 hours’ notice will be required for the inspections.

 

50.    CON11.12 - Cost of work to be borne by the applicant - The applicant shall bear the cost of all works associated with the construction of the development that occurs on Council property.  Care must be taken to protect Council's roads, including the made footway, kerbs, etc., and, where plant and vehicles enter the site, the footway shall be protected against damage by deep-sectioned timber members laid crosswise, held together by hoop iron straps and chamfered at their ends.  This construction shall be maintained in a state of good repair and condition throughout the course of construction.

 

51.    CON11.13 - 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 1993 and/or under Section 68 of the Local Government Act 1993.  Penalty infringement Notices may be issued for any offences and severe penalties apply.

 

52.    CON11.18 – Engineering - The proposed building must be constructed in accordance with details designed and certified by the practising qualified structural engineer. All structural works associated with the foundations, piers, footings and slabs for the proposed building must be inspected and structurally certified for compliance by an independent practising geotechnical and structural engineer.  In addition a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority at each stage of Construction or prior issue of the Occupation Certificate.

 

53.    CON11.21 - 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.

Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the PCA and Council, where Council is not the Principal Certifying Authority.

 

54.    CON11.23 - 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 and the Amenity Tree Industry Code of Practice (SafeWork NSW, August 1998).

 

55.    CON11.24 - Excavation works near tree to be retained - Excavation around the tree/s to be retained on site or the adjoining properties shall be supervised by the Project Arborist to ensure that the root system will not be adversely affected.

Where the Tree Protection Zone 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.

 

Section G        Prior to the issue of the Occupation Certificate

 

56.    Redundant Driveways – The redundant driveway within the frontage of this site is to be reinstated in accordance with Council’s design specifications.

 

57.    CC12.10 - Major Development - Internal driveways and parking spaces are to be adequately paved with concrete or bitumen, or interlocking pavers to provide a dust-free surface.  All car parking spaces are to be line marked in accordance with AS1742, ‘Australian Standard Manual of Uniform Traffic Control Devices’ and the relevant guidelines published by the RMS.

 

58.    OCC12.17 - Restriction to User and Positive Covenant for On-Site Detention Facility - 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 owners of the land.  The terms of the instrument are to be in accordance with Council’s standard terms and restrictions which are as follows;

Restrictions on Use of Land

The registered proprietor shall not make or permit or suffer the making of any alterations to any on-site stormwater management system which is, or shall be, constructed on the lot(s) burdened without the prior consent in writing of Georges River Council. The expression “on-site stormwater management system” shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to manage stormwater quantity or quality including the temporary detention or permanent retention of stormwater storages. Any on-site stormwater management system constructed on the lot(s) burdened is hereafter referred to as “the system.

Name of Authority having the power to release, vary or modify the Restriction referred to is Georges River Council.”

Positive Covenants

 

1.   The registered proprietor of the lot(s) hereby burdened will in respect of the system:

 

(a) keep the system clean and free from silt, rubbish and debris

 

(b) maintain and repair at the sole expense of the registered proprietors the whole of the system so that if functions in a safe and efficient manner

 

(c)  permit the Council or its authorised agents from time to time and upon giving reasonable notice (but at any time and without notice in the case of an emergency) to enter and inspect the land for the compliance with the requirements of this covenant

 

(d) comply with the terms of any written notice issued by the Council in respect of the requirements of this covenant within the time stated in the notice.

 

2.   Pursuant to Section 88F(3) of the Conveyancing Act 1919 the Council shall have the following additional powers:

 

(a) In the event that the registered proprietor fails to comply with the terms of any written notice issued by the Council as set out above the Council or its authorised agents may enter the land with all necessary materials and equipment and carry out any work which the Council in its discretion considers reasonable to comply with the said notice referred to in part 1(d) above

 

(b) the Council may recover from the registered proprietor in a Court of competent jurisdiction:

 

i.    any expense reasonably incurred by it in exercising its powers under subparagraph (i) hereof. Such expense shall include reasonable wages for the Council’s employees engaged in effecting the work referred to in (i) above, supervising and administering the said work together with costs, reasonably estimated by the Council, for the use of materials, machinery, tools and equipment in conjunction with the said work.

 

ii.   legal costs on an indemnity basis for issue of the said notices and recovery of the said costs and expenses together with the costs and expenses of registration of a covenant charge pursuant to section 88F of the Act or providing any certificate required pursuant to section 88G of the Act or obtaining any injunction pursuant to section 88H of the Act. Name of Authority having the power to release vary or modify the Positive Covenant referred to is Georges River Council.

 

59.    OCC12.18 - Maintenance Schedule - On-site Stormwater Management - 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.

 

60.    OCC12.19 - Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate, the PCA 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 PCA and Council, from a professional engineer specialising in hydraulic engineering.

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 PCA.

The works-as-executed drainage plan must be prepared by a professional engineer specialising in hydraulic engineering in conjunction with a Registered Surveyor and must include the following details:

 

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

 

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

 

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

 

(d)    The orifice size/s;

 

61.    OCC12.26 - Requirements prior to the issue of the Occupation Certificate

 

The following shall be completed and or submitted to the PCA prior to the issue of the Occupation Certificate:

 

(a) All the stormwater/drainage works shall be completed in accordance with the approved Construction Certificate plans prior to the issue of the Occupation Certificate.

 

(b) The internal driveway construction works, together with the provision for all services (conduits and pipes laid) shall be completed in accordance with the approved Construction Certificate plans prior to the issue of the Occupation Certificate.

 

62.    OCC12.28 - Vehicular crossing & Frontage work - Major development - The following road frontage works shall be constructed in accordance with Council's Specification for Vehicular Crossings and Associated Works together with the Vehicular Crossing Approval issued by Council’s Engineering Services Division:

 

(a) Construct footpath for the full length of the frontage of the site in in accordance with Council’s Specifications for footpaths.

(b) Construct the vehicular crossing in accordance with Council’s Specifications for vehicular crossings.

(c)  Construct a new 150mm high concrete kerb with 450mm wide gutter for the full frontage(s) of the site in in accordance with Council’s Specifications for kerb and guttering.

(d) 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 applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

The above works shall be carried out at the expense of the applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

The driveway and road frontage works are to be completed before the issue of the Occupation Certificate.

 

63.    OCC12.29 - Completion of Major Works - Prior to the issue of a Final Occupation Certificate, the following works must be completed at the applicant’s expense to the satisfaction of Council’s Engineering Services section:

 

(a)    Driveways and vehicular crossings within the road related area;

 

(b)    Removal of redundant driveways and vehicular crossings;

 

(c)    New footpaths within the road related area;

 

(d)    Relocation of any existing above ground utility services

 

(e)    Relocation/provision of street signs

 

(f)     New or replacement street trees;

 

(g)    New footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed.  The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

 

(h)    New or reinstated kerb and guttering within the road related area; and

 

(i)     New or reinstated road surface pavement within the road.

Council’s Engineering Services Section must advise in writing that the works have been completed to their satisfaction prior to the issue of the Occupation Certificate. [Note: The damage deposit paid to Council will not be released until the works have been completed to Council’s satisfaction.

 

64.    OCC12.3 - Restriction on use of land - Clause 17(1) SEPP (Affordable Rental Housing) - Infill Affordable Housing - For ten (10) years from the date of the issue of the Occupation Certificate:

 

(a) The dwelling proposed to be used for the purposes of affordable housing, identified on the approved plans as Dwelling 2, will be used for the purpose of affordable housing, and

 

(b) All accommodation that is used for affordable housing will be managed by a Registered Community Housing Provider.

A Restriction of Use of the Land is to be created using Section 88E of the Conveyancing Act 1919 over the subject property.  This Restriction shall ensure that the requirements of Clause 17(1) of State Environmental Planning Policy (Affordable Rental Housing) 2009 are met and shall be worded as follows:

For a continuous period of ten (10) years from the date of issue of any occupation certificate (being an Interim or Final Occupation Certificate) the following Restrictions on the Use of the Land will apply:

(i)    The dwelling proposed to be used for the purposes of affordable housing, identified on the approved plans as Dwelling 2, will be used for the purpose of affordable housing, and

(ii)   All accommodation that is used for affordable housing will be managed by a Registered Community Housing Provider.

This Restriction shall benefit Council and Council is to be nominated as the Authority to release, vary or modify this Restriction.

This Restriction on Use of Land shall be registered on the title of the land, prior to of the issue of any Occupation Certificate. Documentary evidence of the registration of this Restriction on title is to be supplied to the PCA with the application for any Occupation Certificate.

 

65.    OCC12.30 - Traffic Control Devices - The internal road network, pedestrian facilities and parking facilities (including visitor parking and employee parking) shall be designated and line marked in accordance with Australian Standard - AS1742, Manual of Uniform Traffic Control Devices.

If an exit from car park utilises a pedestrian footpath, then a warning system such as flashing light and/or ‘alarm sound’ must be installed on the subject property to alert pedestrians of vehicles exiting the car park.  The Alarm System must be designed and installed in accordance with AS2890.1 -2004.

Parking spaces shall be clearly designated (sign posted and marked on ground) and line marked prior to the issuing of an Occupation Certificate.  Signage, pavement symbols and line marking shall comply with Australian Standards, AS1742, Manual of Uniform Traffic Control Devices and NSW Road Transport (Safety and Traffic Management) Regulations 1999.

Any wall or fence or solid object on either side of the driveway/vehicular crossing where it meets the Council’s road reserve at the boundary must comply with sight distance requirements stipulated in the Australian Standards AS2890.1

All vehicles must enter and exit the premises in a forward direction. All loading and unloading for the purpose of the development must happen off street and to be contained wholly within the property.

Parking spaces shall be clearly designated (sign posted and marked on ground) and line marked prior to the issuing of an Occupation Certificate.  Signage, pavement symbols and line marking shall comply with Australian Standards, AS1742, Manual of Uniform Traffic Control Devices and NSW Road Transport (Safety and Traffic Management) Regulations 1999.

Any wall or fence or solid object on either side of the driveway/vehicular crossing where it meets the Council’s road reserve at the boundary must comply with sight distance requirements stipulated in the Australian Standards AS2890.1

All vehicles must enter and exit the premises in a forward direction.

All loading and unloading for the purpose of the development must happen off street and to be contained wholly within the property.

 

66.    OCC12.31 - Dilapidation Report on Public Land for Major Development

Upon completion of works, a follow up dilapidation report must be prepared for the items of Council infrastructure adjoining the development site:

The dilapidation report must be prepared by a professional engineer specialising in structural engineering, and include:

 

(a) Photographs showing the condition of the road pavement fronting the site

 

(b) Photographs showing the condition of the kerb and gutter fronting the site

 

(c)  Photographs showing the condition of the footway including footpath pavement fronting the site

 

 

67.    OCC12.32 - Stormwater drainage works – Works As Executed - Prior to the issue of the Occupation Certificate, storm water drainage works are to be certified by a professional engineer specialising in hydraulic engineering, with Works-As-Executed drawings supplied to Council detailing:

 

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

 

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

 

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

 

(d) Pipe inverts levels and surface levels to Australian Height Datum.

 

68.    OCC12.34 - Fire Safety Certificate before Occupation or Use - In accordance with Clause 153 of the Environmental Planning and Assessment Regulation 2000, on completion of building works and prior to the issue of an Occupation Certificate, the owner must cause the issue of a Final Fire Safety Certificate in accordance with Clause 170 of the aforesaid Regulation. The Fire Safety Certificate must be in the form or to the effect of Clause 174 of the Environmental Planning and Assessment Regulation, 2000. In addition, in relation to each essential fire or other safety measure implemented in the building or on the land on which the building is situated, such a Certificate is to state:

 

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

 

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

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

 

69.    OCC12.38 - Structural Certificates - The proposed structure must be constructed in accordance with details designed and certified by the practising qualified structural engineer. In addition, Compliance or Structural Certificates, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority prior issue of the Occupation Certificate.

 

70.    OCC12.4 - BASIX Certificate - All energy efficiency measures as detailed in the approved BASIX Certificate in the plans approved with the Development Consent must be implemented before issue of any Occupation Certificate.

 

71.    OCC12.43 - Noise Domestic Air conditioner and Heat pump water heaters (less than 450mm from boundary) - Prior to the issue of any Occupation Certificate, a report prepared by a professional  acoustic engineer must be submitted to the PCA to certify that the design and construction of the air conditioner / heat pump water heaters shall not produce a sound level exceeding 5 dB(A) above the ambient background level at the closest neighbouring boundary between the hours of  8:00am and 10:00pm on Saturdays, Sundays and Public Holidays and between the hours of 7:00am and 10:00pm on any other day.  Outside the specified hours, the sound level output for the running of air conditioner shall not exceed the ambient background noise level.

 

72.    OCC12.5 - BASIX Compliance Certificate - A Compliance Certificate must be provided to the PCA regarding the implementation of all energy efficiency measures as detailed in the approved BASIX Certificate before any Occupation Certificate is issued.

 

73.    OCC12.6 - Completion of Landscape Works - All landscape works must be completed as per Landscape Plans provided by Mathew Higginson Landscape Architecture Dwgs LP01 – LP03, before the issue of the Final Occupation Certificate.

 

74.    OCC12.27 - Vehicular crossing - Minor development - The vehicular crossing and/or footpath works shall be constructed by a private contractor at the expense of the applicant, 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 applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

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.

 

75.    OCC12.58 - Notice to Council - Allocation of street addresses - Prior to the issue of any Occupation Certificate, ‘as-built’ drawings detailing the installed and allocated street/unit address and numbering must be submitted to the satisfaction of Council.

Section H        Operational Conditions (On-Going)

 

76.    Strata subdivision – Strata subdivision has not been approved as part of this application. Separate approval for strata subdivision will need to be obtained.

 

77.    ONG14.11 - WASTE - ongoing use

The number of bins required for this property is 3 X 240L garbage bins and 3 X240L recycling bins. 

Bins will be collected once a week and need to be taken to the Cambridge Street for collection.

The waste room will contain the following to minimise odours, deter vermin, protect surrounding areas, and make it a user-friendly and safe area:

•        waste room floor to be sealed;

•        waste room walls and floor surface is flat and even;

•        all walls painted with light colour and washable paint;

•        equipment electric outlets to be installed 1700mm above floor levels;

•        The bin storage rooms will be mechanically exhausted as required by AS 1668.2;

•        light switch installed at height of 1.6m;

•        waste rooms must be well lit (sensor lighting recommended);

•        optional automatic odour and pest control system installed to eliminate all pest

•        types and assist with odour reduction - this process generally takes place at

•        building handover - building management make the decision to install;

•        all personnel doors are hinged and self-closing;

•        waste collection area must hold all bins - bin movements should be with ease of access;

•        conform to the Building Code of Australia, Australian Standards and local laws; and childproofing and public/operator safety shall be assessed and ensured.

•        Occupational Health and Safety issues such as slippery floors in waste rooms and the weight of the waste and recycling receptacles will need to be monitored.

•        Cleaners will monitor the bin storage area and all spills will be attended to immediately by cleaners.

 

78.    ONG14.12 - Noise Control - The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997 <http://www.legislation.nsw.gov.au/> (as amended).

 

79.    ONG14.26 - Lighting - General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill or glare.

 

80.    ONG14.28 - Activities and storage of goods outside buildings - There shall be no activities including storing or depositing of any goods or maintenance to any machinery external to the building with the exception of waste receptacles.

 

81.    ONG14.67 - Annual Fire Safety Statement - The owner of the building premises must ensure the Council is given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:

 

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

 

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

 

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

 

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

 

82.    ONG14.5 - Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained.  Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control, replacement of dead or dying plants and any other operations required to maintain healthy trees, plants and turfed areas.

 

83.    ONG14.25 - Outdoor Lighting - To avoid annoyance to the occupants of adjoining premises or glare to motorist on nearby roads, outdoor lighting must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting.

 

84.    ONG14.27 - 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.

 

Section I          Operational Requirements Under the Environmental Planning & Assessment Act 1979

 

85.    OPER15.1 - Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued.

 

86.    OPER15.2 - Appointment of a PCA - The erection of a building must not commence until the applicant has:

 

(a) appointed a 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, the applicant must:

 

(c)  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

 

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

 

(e) 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 PCA for your development.

 

87.    OPER15.3 - Notification Requirements of PCA - No later than two 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 applicant of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

 

88.    OPER15.4 - Notice of Commencement - The applicant must give at least two 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.

 

89.    OPER15.7 - Critical Stage Inspections - The last critical stage inspection must be undertaken by the PCA.  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.

 

90.    OPER15.8 - Notice to be given prior to critical stage inspections - The principal contractor for a building site, or the owner-builder, must notify the PCA at least 48 hours before each required inspection needs to be carried out.

Where Georges River Council has been appointed as the PCA, 48 hours notice in writing, or alternatively 24 hours notice by facsimile or telephone, must be given when specified work requiring inspection has been completed.

 

91.    OPER15.9 - 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 PCA appointed for the building work can issue the Occupation Certificate.

An Occupation Certificate Application Form is attached for your convenience.

 

Section J        Prescribed Conditions

 

92.    PRE16.1 - Clause 97A - BASIX Commitments - This Clause requires the fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to which the development relates.

 

93.    PRE16.2 - 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.

 

94.    PRE16.3 - 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 PCA and the Principal Contractor.

 

95.    PRE16.4 - 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.

 

96.    PRE16.7 - 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.

 

97.    PRE16.8 - Clause 98E - Site Excavation - 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.

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.

 

Advice

 

98.    ADV17.1 - Access to NSW Legislations (Acts, Regulations and Planning Instruments) - NSW legislation can be accessed free of charge at www.legislation.nsw.gov.au

 

99.    ADV17.11 - Building - Energy Efficiency Provisions - Should Council be appointed as the Principal Certifying Authority, a report prepared and endorsed by an Energy Efficiency Engineer or other suitably qualified person must be submitted, detailing the measures that must be implemented in the building to comply with Section J of the BCA. The proposed measures and feature of the building that facilitate the efficient use of energy must be identified and detailed on the architectural plans. At completion of the building and before the issue of an Occupation Certificate, a certificate certifying that the building has been erected to comply with the energy efficiency provisions must be submitted to the Principal Certifying Authority.

 

100.  ADV17.12 - Compliance with Access, Mobility and AS4299 - Adaptable Housing - Should the Council be appointment as the PCA, the Construction Certificate Application must be accompanied by detailed working plans and a report or a Certificate of Compliance from an Accredited Access Consultant certifying that the building design and access to the adaptable units complies with Council’s DCP and AS 4299 Adaptable Housing.

 

101.  ADV17.19 - Noise - Noise related conditions - Council will generally enforce noise related conditions in accordance with the Noise Guide for Local Government (<http://www.environment.nsw.gov.au/noise/nglg.htm>) and the Industrial Noise Guidelines (<http://www.environment.nsw.gov.au/noise/industrial.htm>) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997 <http://www.legislation.nsw.gov.au/>.

 

Useful links relating to Noise:

(a)     Community Justice Centres-free mediation service provided by the NSW Government (www.cjc.nsw.gov.au <http://www.cjc.nsw.gov.au>).

(b)     Department of Environment and Conservation NSW, Noise Policy Section web page (www.environment.nsw.gov.au/noise <http://www.environment.nsw.gov.au/noise>).

(c)     New South Wales Government Legislation home page for access to all NSW legislation, including the Protection of the Environment Operations Act 1997 and the Protection of the Environment Noise Control Regulation 2000 (www.legislation.nsw.gov.au <http://www.legislation.nsw.gov.au>).

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

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

(f)      Department of Gaming and Racing - (www.dgr.nsw.gov.au <http://www.dgr.nsw.gov.au>).

Acoustical Engineer Contacts & Reference Material (ADV17.20)

 

Further information including lists of Acoustic Engineers can be obtained from:

(a)     Australian Acoustical Society-professional society of noise-related professionals (www.acoustics.asn.au <http://www.acoustics.asn.au>)

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

(c)     NSW Industrial Noise Policy - Office of Environment & Heritage (www.environment.nsw.gov.au <http://www.environment.nsw.gov.au>)

 

102.  ADV17.28 - Sydney Water Section 73 Certificates - The Section 73 Certificate must be a separate certificate that relates specifically to this development consent. For example, if the development consent relates to the subdivision of the land, a Section 73 Certificate for the construction of the building that is subject to a different development consent will not suffice.

 

103.  ADV17.3 - Disability Discrimination Act - This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979.  No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant 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 refers to AS1428.1-Design for Access and Mobility. 

 

104.  ADV17.9 Building - Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate Application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

 

(a) Mechanical ventilation to bathroom, laundry and basement areas not afforded natural ventilation.

 

(b) Provision of natural light to all habitable areas.

 

(c)  Fire-fighting services and equipment including hydrant assembly systems, hose reels, portable fire extinguishers and smoke hazard management systems.

 

(d) Emergency lighting and exit signs throughout the basement area.

 

(e) Location and construction of all fire doors including warning and operational signage to required exit and exit door areas.

 

(f)   Fire compartmentation and separation between different classifications.

 

(g) Sound transmission and insulation details.

 

(h)  Window schedule is to include the protection of openable windows.

In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the BCA must be submitted to the Principal Certifying Authority with the Construction Certificate Application. Should there be any non-compliance, an alternative method of fire protection and structural capacity must be submitted, with all supporting documents prepared by a suitably qualified person.

In the event that full compliance with the BCA cannot be achieved and the services of a fire engineer are obtained to determine an alternative method of compliance with the BCA, such report must be submitted to and endorsed by the Principal Certifying Authority prior to issue of the Construction Certificate.

 

105.  ADV17.2 - Long Service Levy - The Long Service Corporation administers a scheme which provides a portable long service benefit for eligible workers in the building and construction industry in NSW. All benefits and requirements are determined by the Building and Construction Industry Long Service Payments Act 1986. More information about the scheme and the levy amount you are required to pay to satisfy a condition of your consent can be found at http://www.longservice.nsw.gov.au.

The required Long Service Levy payment can be direct to the Long Service Corporation via their web site https://online.longservice.nsw.gov.au/bci/levy.  Payments can only be processed on-line for the full levy owing and where the value of work is between $25,000 and $6,000,000. Payments will be accepted for amounts up to $21,000, using either MasterCard or Visa.

 

106.  ADV17.5 - 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.

The 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.

 

107.  ADV17.7 - Council as PCA - Deemed to Satisfy Provisions of BCA - Should the Council be appointed as the PCA in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the BCA.  However, if an alternative fire solution is proposed it must comply with the performance requirements of the BCA, in which case, the alternative solution, prepared by an appropriately qualified fire consultant, accredited and having specialist qualifications in fire engineering, must justifying the non-compliances with a detailed report, suitable evidence and expert judgement. Council will also require if deemed necessary, for the alternative solution to undergo an independent peer review by either the CSIRO or other accredited organisation.  In these circumstances, the applicant must pay all costs for the independent review.

 

108.  ADV17.13 - Site Safety Fencing - Site fencing must be erected in accordance with SafeWork 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.

A demolition licence and/or a high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).

 

109.  ADV17.6 - Stormwater & Ancillary Works - Applications under Section 138 Roads Act and/or Section 68 Local Government Act 1993 - To apply for approval under Section 138 of the Roads Act 1993:

 

(a)     Complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Georges River Council’s Website at www.georgesriver.nsw.gov.au.

 

(b)     In the Application Form, quote the Development Consent No. (eg. DA2018/0148) and reference this condition number (e.g. Condition 23)

 

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

 

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 specifications prior to the issue of an Occupation Certificate.

 

The developer must meet all costs of the extension, relocation or reconstruction of any part of Council’s drainage system (including design drawings and easements) required to carry out the approved development.

 

The preparation of all engineering drawings (site layout plans, cross sections, longitudinal sections, elevation views together with a hydraulic grade analysis) and specifications for the new storm water drainage system to be arranged by the applicant.  The design plans must be lodged and approved by Council prior to the issue of a Construction Certificate.

 

NOTE: A minimum of four weeks should be allowed for assessment.

 

 

 

 

ATTACHMENTS

Attachment 1

Amended Site Plan - 77 Cambridge Street Penshurst

Attachment 2

Amended- Elevations - 77 Cambridge Street Penshurst

Attachment 3

Amended- Solar  Shadow Analysis - 77 Cambridge Street Penshurst

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP039-18              77 Cambridge Street Penshurst

[Appendix 1]           Amended Site Plan - 77 Cambridge Street Penshurst

 

 

Page 98

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP039-18              77 Cambridge Street Penshurst

[Appendix 2]           Amended- Elevations - 77 Cambridge Street Penshurst

 

 

Page 99

 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP039-18              77 Cambridge Street Penshurst

[Appendix 3]           Amended- Solar  Shadow Analysis - 77 Cambridge Street Penshurst

 

 

Page 103

 


 


 


 


Georges River Council – Local Planning Panel   Thursday,  20 September  2018

Page 107

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 20 September 2018

 

LPP Report No

LPP040-18

Development Application No

DA2017/0604

Site Address & Ward Locality

19 Pearce Avenue Peakhurst

Peakhurst Ward

Proposed Development

Demolition of the existing dwelling and cosntruction of a 24 room boarding house (including Managers room), basement carpaking, retaining walls, landscaping and site works

Owners

PELK Pty Ltd

Applicant

PELK Pty Ltd

Planner/Architect

Planner – Rod Logan Planning and Architect – Katris Architects Pty Ltd

Date Of Lodgement

1/12/2017

Submissions

 8

Cost of Works

 $2,908,443

Local Planning Panel Criteria

Reasons to be referred to the panel as the application being subject to State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development is referenced in Schedule 1, 4(b) of the Local Planning Panels Direction - Development Applications dated 23 February 2018 as required to be determined by the Local Planning Panel.

List of all relevant s.4.15 matters (formerly s79C(1)(a))

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy (Infrastructure) 2007, State Environmental Planning Policy No 55 - Remediation of Land ,

State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004,

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013

List all documents submitted with this report for the Panel’s consideration

Architectural plans, shadow diagrams, landscape plans, drainage plans. Variation to height control standard – 4.6 variation.

Choose an item.

 

 

Report prepared by

Coordinator Development Assessment

 

 

 

Recommendation

THAT the application be refused in accordance with the recommendations of this report.

<Enter text>

 

 

 

Summary of matters for consideration under Section 4.15

Have all recommendations in relation to relevant s4.15 matters been summarised in the Executive Summary of the assessment report?

 

 

Yes 

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed and relevant recommendations summarised, in the Executive Summary of the assessment report?

 

Yes

Clause 4.6 Exceptions to development standards

If a written request for a contravention to a development standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?

 

Yes - Clause 4.3 – Height of Buildings – 5.5% variation sought.

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (under s7.24)?

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, the application is recommended for refusal

 

Site Plan

Site (outlined in red) and locality.

 

Executive Summary

Proposal

1.         This proposal seeks to demolish the existing dwelling on site and construct a four (4) storey self-contained boarding house comprising twenty three (23) accommodation rooms including a communal living room and outdoor space, plus an onsite managers room with separate courtyard, basement carparking for six (6) vehicles, five (5) motorcycle spaces and five (5) bicycle spaces, construction of retaining walls and fencing, landscaping, provision of services and site works under Development Application DA2017/0604.

Site and Locality

 

2.         This application relates to land at 19 Pearce Avenue, Peakhurst ("the site") which is legally described as Lot140 DP36317.

 

3.         The site is located on the southern side of Trafalgar Street and the western side of Pearce Avenue in Peakhurst, with vehicular access from Trafalgar Street and pedestrian access from Pearce Avenue.

 

4.         The site has an area of 607m² and frontages of 9.075m to Pearce Avenue, an arc of 15.635m connecting the Pearce Avenue frontage to Trafalgar Street and a 20.485m frontage to Trafalgar Street and a western boundary 22.86m (survey and site plan below).

 

Survey of Site

 

Looking east along Trafalgar towards Pearce Avenue.

 

Looking South from Trafalgar towards Pearce Avenue.

Looking towards the subject site from the intersection of Pearce Avenue and Trafalgar Street

 

Adjacent residential flat building to the south of the subject site known as 15-17 Pearce Avenue

Adjacent residential flat building to the south of the subject site known as 15-17 Pearce Avenue

 

Residential flat building to the south east of the subject site known as 4-8 Pearce Avenue

 

 

Residential flat building to the south east of the subject site known as 39-41 Trafalgar Street

 

Residential flat building to the south east of the subject site known as 39-41 Trafalgar Street

 

 

Zoning and Permissibility

5.         The site is zoned R3 – Medium Density Residential under Hurstville Local Environmental Plan 2012 (LEP) and the proposed boarding house is permissible with Council’s consent. The proposal whilst permissible, however it does not satisfies all relevant objectives contained within the LEP, this is assessed in detail throughout the report.

 

Development Control Plan

6.         The Hurstville Development Control Plan No.1 ("HDCP") provides detailed provisions to guide development to achieve the objectives of the HLEP, providing detailed controls and objectives for residential development. The proposed boarding house is seeking considerable departures from the relevant clauses of HDCP.

Submissions

7.         The application was neighbour notified twice during the assessment of the application with the most recent notification being from 20 June 2018 to 4 July 2018. Eight (8) submissions were received following both notification periods of the application.

 

Level of Determination

8.         The application is referred to the Local Planning Panel for determination as the proposal relates to a boarding house which is subject to the provisions of State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development as outlined in Schedule 1, 4(b) of the Local Planning Panels Direction - Development Applications dated 23 February 2018.

 


 

REPORT IN FULL

 

DESCRIPTION OF THE PROPOSAL

9.         This proposal seeks to demolish the existing dwelling on site and construct a four (4) storey self-contained boarding house comprising twenty three (23) accommodation rooms including a communal living room and outdoor space, plus an onsite managers room with separate courtyard, basement carparking for six (6) vehicles, five (5) motorcycle spaces and five (5) bicycle spaces, construction of retaining walls and fencing, landscaping, provision of services and site works under Development Application DA2017/0604.

 

10.      Specifically the application proposes:

 

Basement

·     Access driveway off Trafalgar Street;

·     Six (6) carparking spaces which includes two (2) accessible and one (1) managers car space;

·     A waste storage room;

·     Five (5) Motorcycle spaces;

·     Five (5) bicycle spaces;

·     Egress stairs;

·     Cleaners toilet and storage area;

·     Storage areas; and

·     Lift and lift lobby.

 

Lower Ground Floor and Site Plan

·     Pedestrian entry off Pearce Avenue;

·     Six (6) boarding house rooms (No.s 1 - 6);

·     One managers room (No.7) and associated courtyard;

·     Access stairs;

·     Lift and lobby;

·     Fire egress stairs;

·     Fencing and

·     Retaining walls and landscaping works.

Upper Ground Floor

·     Seven (7) boarding house rooms (No.s 8 - 14;

·     Internal access;

·     Access stairs; and

·     Lift and lobby.

Proposed Level 1

·     Seven (7) boarding house rooms (No.s 15 – 21);

·     Internal access;

·     Access stairs; and

·     Lift and lobby.

Proposed Level 2

·     Three (3) boarding rooms (No.s 22 – 24);

·     Communal living room; and

·     Communal outdoor space.

 

DESCRIPTION OF THE SITE AND LOCALITY

11.      This application relates to land at 19 Pearce Avenue, Peakhurst ("the site") which is legally described as Lot 140 in DP 36317.

 

12.      The site is located on the southern side of Trafalgar Street and the western side of Pearce Avenue in Peakhurst, with vehicular access from Trafalgar Street and pedestrian access from Pearce Avenue.

 

13.      The site has an area of 607m² and frontages of 9.075m to Pearce Avenue, an arc of 15.635m connecting the Pearce Avenue frontage to Trafalgar Street and a 20.485m frontage to Trafalgar Street and a western boundary 22.86m (survey and site plan above).

 

East and West Elevations

North and South Elevations of the Proposed Building

 

APPLICABLE PLANNING CONTROLS

 

Statutory Considerations

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

14.      The following Environmental Planning Instruments are relevant to this application:

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

· State Environmental Planning Policy No 55 - Remediation of Land

· State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development

· State Environmental Planning Policy (Affordable Rental Housing) 2009

· State Environmental Planning Policy (Infrastructure) 2007

· State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

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

· Hurstville Local Environmental Plan 2012

· Hurstville Development Control Plan No.1

 

Assessment having regard to the relevant State Environmental Planning Policies is detailed below:

 

Deemed State Environmental Planning Policy – Georges River Catchment

15.      All stormwater from the proposed development will continue to 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.


 

 

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

16.      The applicant has not submitted a revised BASIX Certificate for this proposal. This development is a BASIX affected development as referenced in  Schedule 1, Part 2A of the Regulation states that a BASIX must accompany a DA for any ‘BASIX affected development’, as the boarding rooms are capable of be used as separate domiciles given they all have bathroom facilities and kitchenettes.

 

State Environmental Planning Policy No 55 - Remediation of Land

 

17.      The purpose of State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55) is to ensure that land which is contaminated is identified and appropriately remediated so as to be suitable for the proposed development.

 

This site has been used as residential development as a result it is considered that contamination is unlikely.

 

In this instance, the proposal is not considered to warrant further investigation works with regard to land contamination, as a result the site is considered suitable for the proposed use.

 

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

18.      The Vegetation SEPP regulates clearing of native vegetation on urban land and land zoned for environmental conservation/management that does not require development consent.

 

The Vegetation SEPP applies to clearing of: 

 

1.  Native vegetation above the Biodiversity Offset Scheme (BOS) threshold where a proponent will require an approval from the Native Vegetation Panel established under the Local Land Services Amendment Act 2016; and 

2. Vegetation below the BOS threshold where a proponent will require a permit from Council if that vegetation is identified in the council’s development control plan (DCP). 

 

The Vegetation SEPP repeals clause 5.9 and 5.9AA of the Standard Instrument - Principal Local Environmental Plan with regulation of the clearing of vegetation (including native vegetation) below the BOS threshold through any applicable DCP.

 

The proposed development involves the removal of six (6) trees and the retention of 2 trees. Conditions have also been imposed with respect to landscaping throughout the site supported by the landscape plan prepared by Zenith Landscape Design Pty Ltd.

 

STATE ENVIRONMENTAL PLANNING POLICY (Infrastructure) 2007

 

19.      The provisions of Divisions 5 (Electricity transmission or distribution), 15 (Railways) and 17 (Roads and traffic) are not applicable to the subject site.  The site is not in close proximity to a road or rail corridor, and neither the survey plan or the site inspection indicate that the site or adjoining sites are affected by electricity infrastructure or assets.

 

State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development

20.      The proposal has been reviewed having regard to the Principles of State Environmental Planning Policy, comments are provided below:

 

Principle 1 – Context and Neighbourhood Character

 

21.      Comment: The proposal is for a four (4) storey boarding house located in a streetscape that is presently undergoing change from low scale residential to residential flat building forms and large scale attached dual occupancies. This proposal is a corner isolated lot as there is an existing residential flat building to the south of the site (known as 15-17 Pearce Avenue) and an approval for a residential flat building has been issued by the Land and Environment Court for the allotment to the west of the site (known as 33-35 Trafalgar Street).

 

There are various residential flat buildings, attached dual occupancy developments and larger more contemporary dwellings within the immediate precinct.

 

Principle 2 – Built Form and Scale

 

22.      Comment: The application is seeking a four (4) storey form which largely conforms to the 12m height control, but is inconsistent with the 3 storey provision of the DCP. A variation under clause 4.6 has been lodged requesting Council support the breach of the height. This is discussed in further detail elsewhere in this report.

 

The application is also seeking variations to setbacks which result in the development providing an unacceptable presentation to the streetscape.

 

The application is also deficient in carparking, 6 provided and 13 required; as a result the deficient carparking will impact the street network by the overflow being accommodated within what is a constrained location.

 

Principle 3 - Density

 

23.      Comment: The application exceeds the floor space permitted by the LEP, however this application is proposed under the provisions of SEPP Affordable Housing which provides additional floor space of 0.5:1 additional floor area. The application has a FSR of 1.25:1. The development satisfies the density provisions with respect to floor space ratio.

 

Principle 4 – Sustainability

 

24.      Comment: The application is subject to BASIX, no BASIX certificate has been lodged with the application, as a result sustainability with respect to BASIX provisions has not been adequately considered as part of this proposal.

 

Principle 5- Landscape

 

25.      Comment: The landscape plan prepared by Zenith Landscape Design Pty Ltd has accompanied the application listing the trees to be removed and retained and the landscaping of the site as part of the 24 room boarding house. The design has been reviewed by Council’s Tree and Landscape Management Officer who supports the application subject to conditions.

 

Principal 6 - Amenity

 

26.      Comment: The application is deficient in carparking, as a result the application will have an adverse impact on the street network, the occupants of the site and those in adjoining allotments as there will be increased carparking on street due to the insufficient carparking on site.

 

Principal 7- Safety

 

27.      Comment: The application has been adequately designed with respect to access and egress arrangements and the navigation of the development internally.

 

Balconies and the communal open space have been proposed to the extremities of the building which will facilitate active and passive surveillance of the public domain.

 

Principal 8 – Housing Diversity and Social Interaction

 

28.      Comment: This application is for a 23 room boarding house with an additional room for use as a manager’s room (24 in total). The rooms are a combination of single and double occupancy rooms. The layouts are largely unchanged due to the product type. The application has been designed to be consistent with the Affordable Rental Housing SEPP and provides private facilities in the form of kitchenettes and bathrooms for each boarding house room.

 

Principal 9 – Aesthetics

 

29.      Comment: The proposal is a combination of face brickwork, render, timber and metal highlights and trellis’s with vines at the upper level parapets to provide some green treatment. The front fencing will be sandstone and metal vertical elements and metal fencing to the perimeter of the site.

 

APARTMENT DESIGN GUIDE

30.      The proposal has been assessed against the Apartment Design Guide (ADG). The proposed development is considered to have performed inadequately in respect to the objectives and design criteria contained within the ADG. The relevant issues are discussed below:

 

Design Criteria

Required

Proposed

Complies

2F Building separation

Minimum separation distances for buildings up to four storeys (approx 12m)

• 12m between habitable rooms/balconies

• 9m between habitable and non-habitable rooms

• 6m between non-habitable rooms

7m between the external walls of the buildings.

Ground floor balcony of development on the southern allotment is 1.2m from the balcony to the boundary and  3m for the subject development to the boundary resulting in a separation of 4.2m

No

Approved Plan for the development on the allotment to the south

Development on the subject allotment and outline of the approved plans to the west.

3D Communal and public open space

3D1 - An adequate area of communal open space is provided to enhance residential amenity and to provide opportunities for landscaping

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

25% of 607m² = 151.75m²

Nominated communal open space is 99.3m²

No

Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid-winter)

The communal open space is on the roof and has a north east aspect, solar access is compliant.

Yes

Objective 3E-1 Deep soil zones provide areas on the site that allow for and support healthy plant and tree growth. They improve residential amenity and promote management of water and air quality

 

Lot area less than 650m² - 7%

7% of 607m² = 42.49m²

122.m²

Yes

Objective 3F-1 Adequate building separation distances are shared equitably between neighbouring sites, to achieve reasonable levels of external and internal visual privacy

Minimum required separation distances from buildings to the side and rear boundaries are:

Building Height up to 12m (4 storeys)

Habitable rooms and balconies - 6m

Non habitable rooms – 3m

The building has a height of 12.618m which is a 5.5% breach of the height control.

None of the setbacks of the development satisfy the 6m distance to habitable rooms.

There is partial compliance throughout for the 3m to non-habitable rooms.

No

Objective 3F-2 Site and building design elements increase privacy without compromising access to light and air and balance outlook and views from habitable rooms and private open space

 

Louvers and screen have been provided to various openings within the development, supported by fin walls.

These assist with privacy but do however restrict access to natural light and ventilation.

No

Objective 3G-1 Building entries and pedestrian access connects to and addresses the public domain

 

The vehicle access is via Trafalgar Street and pedestrian access is via Pearce Avenue, both addressing the public domain.

Yes

Objective 3G-2 Access, entries and pathways are accessible and easy to identify

 

Access to the building for pedestrians is clearly defined within the Pearce Avenue frontage. This is defined by an access gate, pathway and double outward swinging doors.

Yes

3H Vehicle access

Objective 3H-1 Vehicle access points are designed and located to achieve safety, minimise conflicts between pedestrians and vehicles and create high quality streetscapes

 

The pedestrian access is via Pearce Avenue and the vehicle access is via Trafalgar Street, there is no conflict with pedestrian and vehicle movements associated with the development.

Yes

3J Bicycle and car parking

 

 

The application has provided 5 motorcycle and 5 bicycle parking bays within the basement.

Yes

4A Solar and daylight access

Objective 4A-1 To optimise the number of apartments receiving sunlight to habitable rooms, primary windows and private open space

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

This is achieved as the allotment has 2 street frontages which are largely north and east facing. The application has been designed so that the majority of the boarding house rooms have a window to each of these aspects.

There are openings within the western elevation which will receive obstructed access to direct sunlight when the approved development on 33-35 Trafalgar street is constructed.

Yes

4B Natural ventilation

Objective 4B-3 The number of apartments with natural cross ventilation is maximised to create a comfortable indoor environment for residents

At least 60% of apartments are naturally cross ventilated

60% of 24 = 14.4 (15)

9 of 24 are cross ventilated being 37.5%

No

4C Ceiling heights

 

Minimum ceiling heights are required to be:

Habitable rooms – 2.7m

Non-habitable – 2.4m

 

 

2.7m provided

 

 

Yes

4D Apartment size and layout

Objective 4D-1 The layout of rooms within an apartment is functional, well organised and provides a high standard of amenity

Studio - 35m² (minimum)

(The minimum internal areas include only one bathroom)

All the rooms including the bathroom, but excluding balconies are less than 35m².

 

 

No

Objective 4D-2 Environmental performance of the apartment is maximised

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

= 6.75m

All within this distance.

Yes

 

In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window

All rooms achieve this.

Yes

 

Living rooms or combined living/dining rooms have a minimum width of:

• 3.6m for studio and 1 bedroom apartments

 

 

 

All rooms achieve this.

 

 

 

Yes

4E Private open space and balconies

Objective 4E-1 Apartments provide appropriately sized private open space and balconies to enhance residential amenity

All apartments are required to have primary balconies as follows:

Studio apartments - 4m².

(The minimum balcony depth to be counted as contributing to the balcony area is 1m)

 

 

 

12 rooms less than 4m²

7 exceed 4m²

2 rooms have no balconies

2 have Juliette balconies which are under dimension.

Managers room has a courtyard

 

 

 

No

4F Common circulation and spaces

Objective 4F-1 Common circulation spaces achieve good amenity and properly service the number of apartments

The maximum number of apartments off a circulation core on a single level is eight (8)

Maximum of 7 of each corridor.

Yes

4G Storage

Objective 4G-1 Adequate, well designed storage is provided in each apartment

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

Studio apartments - 4m³

24 x 4m³ = 96m³

Two (2) designated storage areas are provided within the basement = 22.23m³.

No

 

State Environmental Planning Policy - Affordable Rental Housing

 

31.      Aims of Policy

The aims of this Policy are as follows:

(a)   to provide a consistent planning regime for the provision of affordable rental housing,

(b)   to facilitate the effective delivery of new affordable rental housing by providing incentives by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards,

(c)   to facilitate the retention and mitigate the loss of existing affordable rental housing,

(d)   to employ a balanced approach between obligations for retaining and mitigating the loss of existing affordable rental housing, and incentives for the development of new affordable rental housing,

(e)   to facilitate an expanded role for not-for-profit-providers of affordable rental housing,

(f)    to support local business centres by providing affordable rental housing for workers close to places of work,

(g)   to facilitate the development of housing for the homeless and other disadvantaged people who may require support services, including group homes and supportive accommodation

 

This application is seeking to provide affordable rental house in a boarding house form where by 7 of the 24 rooms are for single occupants and 17 are for double occupancies which will assist in accommodating people who need to secure housing.

 

The allotment is close of bus routes, local shops and schools.

 

The form of the development is not inconsistent with other newly developed site, however this application seeks variations to various standards such as height, carparking and setbacks which result in the development being considered an over development for the site given the adverse streetscape impacts and local amenity. 

 

Design Criteria

Required

Proposed

Complies

26 Land to which Division applies

(c) Zone R3 Medium Density Residential

Land is zoned R3

Yes

27 Development to which Division applies

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

A 24 room self-contained boarding house is proposed, one rooms being allocated to the onsite manager.

Yes

29 Standards that cannot be used to refuse consent

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

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

(c) if the development is on land within a zone in which residential flat buildings are permitted and the land does not contain a heritage item that is identified in an environmental planning instrument or an interim heritage order or on the State Heritage Register—the existing maximum floor space ratio for any form of residential accommodation permitted on the land, plus:

(i) 0.5:1, if the existing maximum floor space ratio is 2.5:1 or less, or

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

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

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

 

 

 

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

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

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

 

(ii) if accommodation is provided on site for a boarding house manager—one area of at least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to that accommodation,

(e) parking if:

(iia) in the case of development not carried out by or on behalf of a social housing provider—at least 0.5 parking spaces are provided for each boarding room, and

(iii) in the case of any development—not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site,

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

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

(ii) 16 square metres in any other case.

 

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

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

 

 

 

 

 

 

 

 

 

 

 

1:1

 

 

 

 

 

 

 

 

 

 

 

1.5:1 permitted

758.24m² proposed or 1.25:1

 

 

 

12m permitted.

12.618m proposed a clause 4.6 variation requesting support of the height variation is discussed elsewhere in this report.

 

The landscaping plan is consistent with other landscaping treatment of recently approved developments in the immediate locality. This application has proposed landscaping treatment to both street frontages.

 

The communal living room is located on the upper level and has a northerly and easterly aspect achieving in excess of the required solar access.

 

 

 

 

 

An area of 99.3m² is provided to the upper level of the development adjacent to the communal living room.

 

The manager’s room is located on the lower ground floor western side and has direct access to a courtyard of 58.9m² exceeding the minimum width.

 

 

23 x 0.5 = 12.5 (13 spaces required).

5 provided

(this provision was updated on 1 June 2018)

 

1 space provided for 1 onsite manager.

 

 

 

 

 

 

 

 

 

All rooms exceed 12m²

 

 

The double rooms exceed this minimum.

 

All rooms self-contained.

 

 

 

 

Noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

No

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

No

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

 

 

Yes

 

 

Yes

30 Standards for boarding houses

Standards for boarding houses

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

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

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

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

 

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

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

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

 

 

 

 

 

 

A communal room has been provided 21m²

 

 

All rooms below 25m²

 

 

 

 

A development is a combination of single and double rooms.

 

Each room has kitchenette and bathroom facilities.

 

 

A manager’s room and carparking space has been provided.

 

 

 

5 motorcycle and 5 bicycle spaces required and provided

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

Yes

 

 

Yes

 

 

 

Yes

 

 

 

 

Yes

30A Character of local area

30A Character of local area

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

 

 

The form of the boarding house is a residential flat building which is consistent with the character of the area which is transitioning form single dwellings to residential flat buildings with a height of 12m.

 

 

Yes

 

PLANNING ASSESSMENT

32.      The site has been inspected and the proposed development has been assessed under the relevant Section 4.15(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. 

 

Environmental Planning Instruments

 

ZONING

33.      The site is zoned R3 – Medium Density Residential under Hurstville Local Environmental Plan 2012 and the proposal is a permissible form of development with Council’s consent.

 

          Zoning map – site outlined in red.

 

Hurstville Local Environmental Plan

34.      The extent to which the proposal complies with the relevant standards of Local Environmental Plan is outlined in the table below.

Objectives of zone

•  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.

•  To ensure that a high level of residential amenity is achieved and maintained.

•  To provide for a range of home business activities, where such activities are not likely to adversely affect the surrounding residential amenity.

 

Clause

Standard

Proposed

Complies

Part 2.1 – Land use Zones

R3 Medium Density Zone.

Boarding Houses are permitted with consent.

Yes

Part 2.7 – Demolition requires development consent

Demolition requires consent.

Demolition proposed as part of this application.

Yes

Part 4.3 – Height of Buildings

12m

12.618m breach of 618mm or 5.15%

No – Clause 4.6 variation to development standard lodged, see assessment below.

Part 4.4 Floor Space Ratio

1:1

1.25:1

No

(acceptable as consistent with overriding provisions contained in the SEPP (ARH))

Part 4.6 – Exceptions to Development Standards

 

A clause 4.6 has been lodged for the breach of the height control; this has been discussed elsewhere in this report.

 

Part 6.7 Essential services

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) stormwater drainage or on-site conservation,

(e) suitable road and vehicular access.

Suitable services can be extended to service this development

Yes – conditions imposed.

 

35.      Exceptions to development standards

(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.

The applicant has lodged a Clause 4.6 variation to the 12m height control; request the application be approved with a height of 12.618m to the front north/western part of the roof form.

(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.

Clause 4.3 of the Hurstville LEP is not excluded from this clause.

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

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

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

The applicant has provided written justification of the variation sought and reasons why the variation is acceptable and why compliance with the numeric standard is unnecessary and unreasonable in the circumstances of this case.

(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

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

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

The application has been accompanied by an acceptable Clause 4.6 to vary the development standard.

(5)   In deciding whether to grant concurrence, the Secretary must consider:

(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the development standard, and

(c) any other matters required to be taken into consideration by the Secretary before granting concurrence.

The application is acceptable in this regard.

(7)   After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

Council has an appropriate clause 4.6 register which is published on Council’s website.

            (8)   This clause does not allow development consent to be granted for development that would contravene any of the following:

(a) a development standard for complying development,

(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

(c) clause 5.4,

(ca) clause 6.6.

The clause 4.6 variation to the Height development standard does not impact any of the above.

 

 

36.      Applicant’s Variation request:

The proposal sees a contravention of the development standard in Clause 4.3 (2) of HLEP 2012 where a maximum building height for the land is shown on the Height of Buildings Map as 12 metres. The proposed building has a maximum building height of 12.618 metres to the leading parapet edge on the 4th floor, being an overall exceedance of the maximum building height standard of 12metres by 618mm or a 5.15% variation to the development standard.

 

          Diagrammatic representation of the height breach and its location within the development.

 

Clause 4.6 of HLEP 2012 allows the consent authority to grant consent to a development even though the development contravenes a development standard imposed by the LEP.

Accordingly, a submission under Clause 4.6 is required to allow for consideration of the variation to that development standard.

(A copy of the 4.6 application to vary the height development standard is attached to this report.)

The applicant has demonstrated that numeric compliance is considered to be unreasonable and unnecessary for the following reasons:

The application at the request of Council was amended to reduce the bulk and scale of the built form to reduce impacts on the southern allotment. The design outcome was to relocate the bulk further toward Trafalgar Street in a location that does no impact the western neighbour or dominate the public domain.

The 5.5% variation of the height control in the location proposed is considered to be acceptable as it is not at odds with the objectives of the height control and does not introduce an element that will result in undermining development into the future on adjoining allotments.

It is considered this breach could be supported if the application was recommended for a favourable determination.

Section 4.15(1)(a)(ii) – Provisions of any Draft EPI’s

 

Draft Environment SEPP

37.      The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018.

 

This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property.

 

Changes proposed include consolidating the following seven existing SEPPs:

 

· State Environmental Planning Policy No. 19 – Bushland in Urban Areas

· State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

· State Environmental Planning Policy No. 50 – Canal Estate Development

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

· Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997)

· Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

· Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property.

 

The proposal is not inconsistent with the provisions of this Draft Instrument.

 

Section 4.15(1)(a)(iii) – Provisions of any Development Control Plan

38.      The following Development Control Plan is relevant to this application.

 

Hurstville Development Control Plan No.1

 

Clause

Standard

Proposed

Complies

3.1 - Carparking

1 space per 3 rooms plus 1 space per 2 employees.

23 rooms - 8 spaces

1 manager – 1 space

5 spaces

1 managers space

 

No

3.3 – Access and Mobility

 

Access to and within the development is provided in accordance with the DCP

Yes

3.4 – Crime Prevention Through Environmental Design

 

The development has had regard to crime prevention principles.

Yes

3.5 - Landscaping

 

The application is seeking the removal of vegetation and replacement planting subject to conditions imposed.

Yes

3.6 – Public Domain

 

The application seeks to fence the site and marry the proposed development into the existing public infrastructure.

Yes

3.7 – Stormwater – Part A

 

OSD proposed with the overflow to Trafalgar Street.

Supported subject to conditions.

Yes

4.1 – Residential Flat Buildings

Minimum street frontage 24m

24.71m (Pearce frontage and arc).

Yes

Height 12m and 3 storeys

12.618m and 4 storeys.

No

Excavation not to exceed 0.5m

1.6m of excavation is proposed along the southern boundary given the site slopes from the south to the north.

There is also excavation for the basement; however this is largely contained behind the existing land levels. Terracing of the front yard is proposed and landscaped.

No

Minimum primary and secondary street setback is 6.0m

Primary – breach of the 6m control to Pearce Avenue.

Secondary – breach of the 6m control to Trafalgar

No

Articulation zone depth maximum of 1m for 25% of facade

This development is a boarding house, so the self-contained spaces are constrained in area and width, articulation is provided through the balconies, however the balustrading does not provide the articulation relief envisaged by the control.

No

Carparking - 1 space per studio room – 24 required

6 provided

No

Basement parking encouraged

Basement parking provided

Yes

Vehicle access not more than 33% of the frontage where access is gained

33% of 20.485m = 6.76m

3.6m access provided.

Yes

Maximum height of basement 1.0m above natural ground level

The basement does not protrude more than 1m above natural ground level.

Yes

Landscape and Open Space

Minimum 20% of site

29.6%

Yes

Minimum 2m in all directions

Yes in the area used for the calculation above

Yes

Solar access

3hrs of sunlight between 9am and 3pm

Yes to the north and east facing rooms, the western facing rooms will not achieve this.

No

The shadow diagrams also show the development whilst casting shadow onto the allotment adjoining at 15-17 Pearce Avenue; there is adequate solar access to the communal open space located to the north western side 15-17 Pearce Avenue together with the units in the northern side of the development.

Noise

Windows of adjacent dwellings to be separated by 3m

This is achieved as there is an existing residential flat building to the south and an approved residential flat building to the west which is yet to be constructed and the consent remains valid.

Yes

 

Site layout separates active recreation areas, parking areas, vehicle access-ways and service equipment areas from bedroom areas.

The development is above a basement area.

The egress paths are appropriately positioned to not impact the individual boarding rooms.

Yes

Streetscape

Development on corner sites addresses both street frontages.

* Large expanses of blank, unarticulated walls on any street frontage is not supported.

The building is appropriately scaled and formed to the street elevations.

 

Yes

 

Roofs to have a pitch of up to 35°

This development proposes a parapet room design with a skillion form behind having a 2° fall which is acceptable.

Yes

Front fencing

To provide guidelines for the erection of fences and walls in excess of one (1) metre in height above footpath level. To ensure that:

· Fences complement and are compatible with the development of the land.

· Adverse impact of fences on the streetscape and public places is minimised.

· Fences do not adversely affect the character or amenity of the locality by their visual impact, size, overshadowing or other factors.

· To ensure that safe vehicular access is maintained at property entrances and street intersections.

1m to 1.5m high fencing being a combination of sandstone and metal blade screening to the Pearce Avenue and Trafalgar Street, this is not inconsistent in the streetscape and precinct given the modern residential flat building developments being constructed.

1.8m high metal fencing is proposed to the side and rear boundary which is consistent with the fencing in the precinct.

 

The proposed fencing does not impact sightlines when entering and exiting the basement. 

 

Site Facilities

Mail and garbage collection areas are integrated into the overall design of the development.

Mail delivery can be provided in accordance with Australia Post requirements.

Garbage is being stored in the basement within a waste storage room which is acceptable by Council’s Waste Management Officer.

 

 

Section 4.15(1)(a)(iv) – Provisions of regulations

39.      The provisions of the Regulations relating to this application have been taken into consideration during this assessment and have been discussed specifically throughout this report.

 

Section 4.15(1)(a)(b) – Likely Impacts of Development

40.      The application as proposed results in a scale and form being unacceptable as proposed, the application is therefore recommended for refusal.

 

Section 4.15(1)(d) – Public Submissions

41.      The proposal as modified has been notified in accordance with the provisions of Hurstville DCP, 8 submissions were received.

·     Undesirable occupants residing in close proximity to schools parks putting young children at risk.

 

42.    Comment: The boarding house proposed is to accommodate for the housing needs of the community to persons that otherwise cannot afford the rental of a unit. Those responsible for the rental of the space will review the proposed tenant to ascertain suitability like any other rental accommodation. In addition this development will also have the advantage of an onsite manager of the building who will address any issues with the tenants directly.

 

·     Increased congestion to traffic and parking on an already congested Pearce Avenue which is used as a shortcut between Forest Road and Bonds Road.

 

43.      Comment: This application has been proposed with deficient carparking which is non-compliant with the provisions of the SEPP - Affordable Rental Housing. This is considered to be unacceptable as it is non-compliant with the minimum requirements and will also result in an unacceptable vehicle overflow into the street.

 

·     Four story structure blocking of light into my apartment.

 

44.      Comment: The site is zoned R3 which has a 12m height control permitting 4 storeys. It is acknowledge the DCP says 3 storeys, but also reverences the 12m height control.

It is acknowledged the applicant has provided a Clause 4.6 variation to the height control towards Trafalgar Street.

The breach in height is not considered to result in any adverse impacts onto the neighbours.

It is acknowledged the development to the south is a residential flat building with the driveway and basement access being adjoining to this site. There will be some loss of sunlight as a result of this application to the southern neighbour.

This application has provided shadow diagrams at every hour interval for mid-winter, these diagrams show the adjoining allotment to the south receives the required solar across to the units and the communal open space area which is adjacent to the southern boundary of the site.

·     Proximity to the park / playground / basketball courts: due to the nature of a boarding house and the residents that generally reside in a boarding house, I feel that this is an unsuitable location.

 

45.      Comment: The allotment is zoned R3 under the Hurstville Local Environment Plan. This instrument permits boarding houses. The application has been deigned having regard to the SEPP Affordable Rental Housing which has specific design requirements for boarding houses.

It is acknowledged that here are various non- compliances with the design criteria which will see the application recommended for refusal. However if these matters are addressed into the future the application may get the support of Council.

·     Safety of existing residents and the peace and quiet that we generally enjoy in the area.

 

46.      Comment: The application is for a residential form of development not dissimilar to the development adjoining, in addition there is an onsite manager who will address an amenity issues with the tenants directly.

·     Australian Housing and Urban Research Institute - rooming house sector forms a resource for accommodating ‘difficult’ people - mental health, people straight from prison, drug and alcohol dependency.

 

47.      Comment: Boarding houses are another form of residential accommodation which is permitted to be constructed on this site. Boarding houses are readily occupies by various form persons and background and are required to apply and be accepted like any rental accommodation.

Given the number of lodgers exceeds 20, an onsite manage is proposed who has their own room and external recreation space.

·     Traffic impacts due to the road network and lack of parking proposed by the development.

 

48.      Comment: The application is deficient in carparking, this deficiency is not supported and this will be one of the reasons the application is recommended for refusal.

 

·     Additional rubbish impacting the park.

 

49.      Comment: It is acknowledged that additional people will result in additional waste generation. This development has compliant waste requirements. Additional rubbish in the park cannot be directly substantiated as being directly resulting from this development; it is a matter of human behaviour.

 

·     Narrow road network, additional vehicle movements, traffic impacts and sightline impacts, two vehicles cannot pass, there is queuing.

 

50.      Comment: The road is narrow in this location; however the allotments have been up zoned to promote the density proposed by this development.

The application has failed to meet the minimum carparking requirements for the development proposed. As a result this is considered to be unacceptable from a public amenity perspective. The application is therefore recommended for refusal.

·   Carparking should be provided for each room proposed as the units adjoining take up the on street parking.

 

51.      Comment: This development form has specific carparking requirements nominated by legislation. In this instance this has not been met, as a result the application is recommended for refusal.

The criterion is 0.5 spaces per room and 1 for each worker.

·     Loss of privacy through overlooking and acoustic impacts.

 

52.      Comment: Overlooking has been minimised through the design features of the built form and screening devices.

The noise that is envisaged by this development is residential in nature which is consistent with the surrounding properties and the zoning.

·     Loss of personal safety.

 

53.      Comment: This unfortunately cannot be substantiated.

 

·     Loss of sunlight and increased power costs.

 

54.      Comment: As outline in this report the application has been designed to ensure the minimum requirement for solar access is achieved.

 

·     Increased noise from the development and also congregation of people in the path.

 

55.      Comment: The application is for a residential form which is what was envisaged for the locality. It is desirable to have human interaction at street level, this is encouraged.

 

·     Clientele will largely be men, impact on children in the local community, paedophiles.

 

56.      Comment: Residents of boarding houses are a combination of singles couples and sometimes a parent and child. The demographic referred to above cannot be substantiated via this assessment. Any resident will need to apply and be accepted to reside in the premise. Their conduct will be overseen by the onsite manager.

 

·     What are the types of occupants?

 

57.      Comment: Occupant types are unknown at this time.

 

·     Loss of outlook, will now out to a brick wall.

 

58.      Comment: The construction of a 4 storey development with a 12.618m height on an allotment where a single storey dwelling exists will result in additional bulk presented to the adjoining allotments.

 

This area has been rezoned and the density uplifted to promote this scale and form of development.

 

·     Loss of property values.

 

59.      Comment: This is not a matter for consideration under a planning assessment.

 

·     The common area will overlook units.

 

60.      Comment: The common area is at the upper level and has a northerly and easterly aspect to provide amenity to the common areas of the development. The application ha combined screening and screen planting at this level to set residents back from the edge of the site to reduce overlooking.

 

·     Lower demographic occupants.

 

61.      Comment: This development form provides a price point for a person to be able to find adequate and appropriately priced accommodation given the smaller footprints of the rooms.

 

Section 4.15(1)(e) – Public interest

62.      The proposal as modified has been assessed against the relevant planning policies applying to the site having regard to the objectives of the controls. As demonstrated in the assessment of the application, the application as presented does not satisfy the design criteria for this form of development, as a result the application is considered to be unsuitable to this site in its current form. The proposal as presented will create unreasonable impacts on surrounding properties and is therefore inconsistent with the future desired character of the area in its present form. The proposal as modified is not in the public interest.

 

REFERRALS

Council Referrals

Traffic

63.      A traffic report has accompanied the application and has been reviewed by Council’s Traffic Engineers.

The proposal is not supported by Council’s Traffic Engineers given the constrained nature of the raid network and the deficient off street carparking. No issue has been raised with the design of the carpark for the vehicles to be accommodated.

The location and grade of the vehicle access is compliant together with the height and the natural ventilation of the carpark through louvres to the perimeter of the basement.

Waste

64.      The application proposes a waste storage room within the basement. The design of the waste room has been reviewed by Council’ Waste Officer and is considered to be acceptable subject to the imposition of conditions should the application be supported. 

Health

65.      The application has been reviewed by Council’s Health Officer with respect to contamination, acoustics, amenity, lighting and storage of materials within the site.

The application is considered to be acceptable from a Health perspective subject to the imposition of conditions should the application be supported.

Landscaping

66.      The application has been reviewed by Council’s Tree and Landscape Management Officer with respect to the proposed tree removal, retention and landscaping of the site.

The proposal is acceptable subject to the imposition of conditions should the application be supported.

CONCLUSION

67.      This application has been assessed having regard to the various provisions of State legislation and local legislation. It is acknowledged there is a disconnect between the provisions of State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development and State Environmental Planning Policy – Affordable Rental Housing 2009 with respect to a boarding house development constructed in a residential flat building form. As a result of this disconnect there are elements of the development that conflict with respect to room size and configuration, and the provision of communal and private open space.

            In this regard the assessing officer is of the opinion the application fails to meet the intent of the State Environmental Planning Policies objectives which is to provide separation between buildings in the form of setback, bulk, scale and form and the height of the development together with the provision of good robust internal amenity for the occupants of the development and the neighbouring lots.

            The development has not addressed or provided compliant carparking within the site tin accordance with the State Environmental Planning Policy – Affordable Rental Housing 2009 which will adversely impact the street network with the overflow parking resulting from the deficient being accommodated within the local street network.

            The Development proposes 24 self-contained boarding rooms, being self-contained and not having to share facilities with other occupants, results in the development being considered a BASIX affected building requiring a BASIX certificate to be provided with the application. The application has not been accompanied by a BASIX certificate; as a result this application could not be supported without this document.

            It is considered the application before Council and presented to this panel has proposed a development that does not meet with mandatory assessment and design criteria for this category of development and amendments to the design of the application to achieve compliance would not result in the application be considered substantially the same development.  

 

DETERMINATION AND STATEMENT OF REASONS

68.      That this proposal under Development Application DA2017/0604 which seeks to demolish the existing dwelling on site and construct a four (4) storey self-contained boarding house comprising twenty three (23) accommodation rooms including a communal living room and outdoor space, plus an onsite managers room with separate courtyard, basement carparking for six (6) vehicles, five (5) motorcycle spaces and five (5) bicycle spaces, construction of retaining walls and fencing, landscaping, provision of services and site works and a variation to the height of building Clause 4.3(2) under Clause 4.6 of Hurstville Local Environmental Plan 2012 be refused for the following reasons:

Pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the relevant environmental planning instruments in terms of the following:

1.   Development Application DA2017/0604 fails to provide carparking in accordance with the requirements of Clause 29 (2) (e) subsection (iia) entitled Parking, of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

2.   Development Application DA2017/0604 fails to meet the height control as referenced in the Hurstville Local Environmental Plan 2012 as referenced in Clause 29 Height, of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

3.   Development Application DA2017/0604 fails to meet the following requirements of the Apartment Design Guide as referenced by State Environmental Planning Policy No.65 – Design Quality of Residential Apartment Development, namely:

 

·     Separation Distances not achieved;

·     Deficient Communal Open space;

·     Height exceedance;

·     Cross Ventilation criterion not achieved;

·     Apartment size deficient;

·     Private Open Space and Balcony requirements not achieved;

·     Storage areas deficient.

 

4.   Development Application DA2017/0604 proposes a 24 room self-contained boarding house, is a BASIX affected development and therefore requires a BASIX Certificate for this proposal as referenced in Schedule 1, Part 2A of the Regulation which requires that a BASIX musaccompany a Development Application, this application has not been accompanied by a BASIX certificate.

 

5.   Development Application DA2017/0604 fails to comply with the following provisions of the Hurstville Local Environmental Plan 2012:

 

·     Clause 4.3 Height of Buildings and the Clause 4.6 variation to this development standard is not supported;

·     Clause 4.4 Floor Space Ratio.

 

6.   Pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the following provisions of the Hurstville Development Control Plan No.1:

·     Clause 3.1 entitled Carparking;

·     Clause 4.1 entitled Residential Flat Buildings, the following elements of the development are non-compliant:

o   Height;

o   Storeys;

o   Excavation;

o   Setbacks;

o   Articulation; and

o   Carparking.

7.   The application is considered not to be in the public interest.

 

Statement of Reasons

1.   The application fails to comply with the height, setbacks, separation distances of a boarding house presenting as a residential flat building envisaged for this site, which results in an unacceptable density presenting to the adjacent development and the public domain.

 

2.   The application has failed to meet the minimum carparking requirements of State Environmental Planning Policy (Affordable Rental Housing) 2009 which results in adverse amenity for the future occupants of the development and also results in the development providing an unacceptable impact upon on street carparking in what is a constrained network.

 

3.   The application results in a development that prides unacceptable levels of occupant amenity given the requirements of Residential Flat Buildings under the provisions of State Environmental Planning Policy No65 – Design Quality of Residential Apartment Development and the referenced Apartment Design Guide  with respect to room sizing, building separation, ventilation requirements,  and the amount of communal open space and private open space.

 

 

ATTACHMENTS

Attachment 1

Amended Plans - North - South Elevations - 19 Pearce Avenue Peakhurst

Attachment 2

Amended Plans - East - West Elevations - 19 Pearce Avenue Peakhurst

Attachment 3

Amended-  Landscape Plans - 19 Pearce Ave Peakhurst

Attachment 4

Amended-Shadow Diagrams- 19 Pearce Ave Peakhurst

Attachment 5

Clause 4.6 19 Pearce Ave Building Height

Attachment 6

Stormwater Plans - 19 Pearce Ave Peakhurst

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP040-18              19 Pearce Avenue Peakhurst

[Appendix 1]           Amended Plans - North - South Elevations - 19 Pearce Avenue Peakhurst

 

 

Page 145

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP040-18              19 Pearce Avenue Peakhurst

[Appendix 2]           Amended Plans - East - West Elevations - 19 Pearce Avenue Peakhurst

 

 

Page 146

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP040-18              19 Pearce Avenue Peakhurst

[Appendix 3]           Amended-  Landscape Plans - 19 Pearce Ave Peakhurst

 

 

Page 147

 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP040-18              19 Pearce Avenue Peakhurst

[Appendix 4]           Amended-Shadow Diagrams- 19 Pearce Ave Peakhurst

 

 

Page 149

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP040-18              19 Pearce Avenue Peakhurst

[Appendix 5]           Clause 4.6 19 Pearce Ave Building Height

 

 

Page 150

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 September 2018

LPP040-18              19 Pearce Avenue Peakhurst

[Appendix 6]           Stormwater Plans - 19 Pearce Ave Peakhurst

 

 

Page 166

 


 


 


 


 


 


 


Georges River Council – Local Planning Panel   Thursday,  20 September  2018

Page 173

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 20 September 2018

 

LPP Report No

LPP041-18

Development Application No

DA2017/0648

Site Address & Ward Locality

65 Kyle Parade Kyle Bay

Blakehurst Ward

Proposed Development

Alterations and additions and swimming pool to existing dwelling house

Owners

Con and Erika Anagostopolos

Applicant

Con and Erika Anagostopolos

Planner/Architect

Planner: Planning Ingenuity, Architect: Innovate Architects

Date Of Lodgement

20/12/2017

Submissions

One (1) submission received

Cost of Works

$995,015.00

Local Planning Panel Criteria

10% variation over Development Standard to Kogarah Local Environmental Plan 2012 Clause 4.3 Height of Building

List of all relevant s.4.15 matters (formerly s79C(1)(a))

Kogarah Local Environmental Plan 2012, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy – BASIX, State Environmental Planning Policy (Vegetation in non-rural areas) 2017, Draft Environment State Environmental Planning Policy, Kogarah Development Control Plan 2013

 

 

List all documents submitted with this report for the Panel’s consideration

Survey Plan, Architectural Plans, Drainage Plans, Landscape Plan, Statement of Environmental Effects, Schedule of Finishes,

 

 

 

Report prepared by

Development Assessment Officer

seS

 

Recommendation

That the application be approved subject to condition of consent

 

 

 

Summary of matters for consideration under Section 4.15

Have all recommendations in relation to relevant s4.15 matters been summarised in the Executive Summary of the assessment report?

 

Yes 

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed, and relevant recommendations summarised, in the Executive Summary of the assessment report?

 

 

Yes

Clause 4.6 Exceptions to development standards

If a written request for a contravention to a development standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?

 

Yes  - Kogarah Local Environmental Plan 2012 Clause 4.3 Height of Building

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (under s7.24)?

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No – standard conditions. Additional design condition imposed in relation to compliance to height of building, privacy treatment and additional tree planting

 

Site Plan

Fig 1. Aerial Extra of subject site (Source: Nearmap 2018)

 

Executive Summary

 

Proposal

1.           The proposal seeks development consent for alterations and additions and swimming pool and spa to an existing dwelling house on land known as 65 Kyle Parade, Kyle Bay. 


 

Site and Locality

2.           The subject site, referred to further within the report as the “site” forms a battle axe allotment with a total site area of 1,726sqm.

 

Zoning and Permissibility

3.           The subject site is zoned R2 Low Density Residential under the Kogarah Local Environmental Plan 2012 (KLEP 2012). The proposal forms alterations and additions and ancillary swimming and spa to an existing “dwelling house”. A rear portion of the extent of works are permissible under the additional provision under KLEP 2012 Clause 6.4 Limited development on foreshore area.

 

Submissions

4.           The application was notified to nine (9) adjoining owners and occupiers; in response one (1) submission was received raising concerns regarding solar access and privacy. The concerns raised within the submission have been considered and addressed in detail further within the report.

 

Conclusion

5.           The proposal has been considered in accordance with the application Statutory considerations. The Clause 4.6 Exception to Development Standard for the variation in height for the first floor rear alfresco is not considered to be well founded and is conditioned to comply at 9m consistent with the Kogarah Local Environmental Plan 2012. The remainder of the proposal is supported and is considered worthy of approval subject to conditions of consent.

 

Report in Full

 

Proposal

6.           The application seeks development consent for alterations and additions and swimming pool to an existing dwelling house on land known as 65 Kyle Parade, Kyle Bay. For the purposes of assessment; the extent of works are detailed as follows:

 

o Minor demolition of existing dwelling house;

o Alterations and additions:

o Ground Floor: rear terrace, family room, gym, entry, front wrap around balcony and triple garage;

o First Floor: Four (4) bedrooms, kids/rumpus room, two bathrooms and rear balcony accessed from bedroom 1;

o Minor works to existing boat shed;

o Construction of above ground swimming pool (20KL) and spa (5KL) within rear setback;

o Driveway along northern side boundary and hardstand circulation area;

o Removal of two (2) trees located on site;

o Associated landscaping, building and engineering works;

 

 

 

Fig 2. Montage of development proposal viewed from a north-west aspect from Kyle Bay.

Background

7.           The following development chronology has been tabled as per below;

20 December 17                                Development Application lodged for alterations and additions and swimming pool to existing dwelling house.

25 January – 8 February 18              Notification Period with one (1) submission received

17 April 18                                           Correspondence to applicant advising that Tree 1 and Tree 4 are to be retained

8 June 18                                                      Revised arborist report provided to Council

15 June 18                                                    Further additional information regarding trees

29 June 18                                           Consultant Arborist support the removal of trees 1 and 4 following review of submitted documentation.

 

The Site and Locality

8.           The site is legally described as Lot 2 in DP 501011 and is known as 65 Kyle Parade, Kyle Bay. The site forms a rectangular battle axe allotment and is dimensioned as follows; 18.24m in width and 85.34m in length. The site is affected by a 15m Foreshore Building Line. The site slopes from east to west with a fall of approximately 22m.

 

9.           A part single storey double storey dwelling house with attached boatshed is located along the rear eastern portion of the site. A jetty is located to the rear. Vehicular access is granted via a driveway along the northern side boundary. Several gum trees are located towards the western and middle section of the site. A Foreshore Building line of 7.5m applies to the rear of the site.

 

10.         The surrounding area is zoned R2 Low Density Residential under the Kogarah Local Environmental Plan 2012 and comprises of residential dwellings of varying architectural styles and designs orientated towards waterway. It is noted that the character of the area is under transition from established single/double storey dwellings to part two-part three storey modern contemporary dwelling houses. The site backs onto Kyle Bay to the east. Adjoining properties to the north and south generally contain boatsheds, jetties and pontoons.

 

Fig 2. KLEP 2013 Extract of subject site which is identified as R2 Low Density Residential (Source: NSW Planning Portal, 2018)

 

Fig 3. Map extract, view from waterway (Source: Nearmap, 2018)

 

Section 4.15 Assessment

 

11.         The following is an assessment of the application with regard to Section 4.15 of the Environmental Planning and Assessment Act 1979.

 


 

(1)     Matters for consideration – general

 

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

 

(a)   the provision of:

(i)      any environmental planning instrument,

 

Kogarah Local Environmental Plan 2012

 

Part 2 – Permitted or Prohibited Development

 

Clause 2.1 – Land Use Zones

 

12.         The site is subject to the Kogarah Local Environmental Plan 2012. The proposal seeks consent for alterations and additions to a dwelling house and a new swimming pool and spa.  The proposed development is permissible with consent.

 

Part 4 – Principal Development Standards

 

Applicable K LEP Clause

(Map)

Development Standard

Development Proposal

Compliance/

Comment

2.1 Land Use Zones

(LNZ_004)

 

R2 Low Density Residential

Dwelling house forms a permissible use

Alternations and additions to an existing dwelling house (existing)

Yes

4.3 Height of Buildings

HOB_004

9m

Range: 9.1m – 10.3m

Yes (see clause 4.6 assessment below)

4.4A Exceptions to floor space ratio for residential accommodation in Zone R2

1,726sqm

(1,726 – 1,500) x 0.1 +517.5 / 1726 = 540sqm max / 0.31:1

0.248:1

429.5sqm

(inclusive of one garage space which is in excess of Council’s controls of two spaces)

 

Yes

4.5 Calculation of floor space ratio and site area

To be calculated in accordance with the Clause

Calculated in accordance with the Clause

Yes

4.6 Exception to Development Standard

Clause 4.6 Exception to Development Standard

Clause 4.6 Exception to Development Standard provided

No – (1) Clause 4.6 Exception to Development Standard provided for Council’s consideration

 

Clause 4.6 Exception to Development Standard – Height of Building

 

(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.

(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.

 

13.         Comment: A Clause 4.6 Exception to Development Standard for a breach in height of the 9m stipulated under Clause 4.3 Height of Building has been lodged for Council’s consideration. The applicant seeks variations in a number of locations to a maximum of 10.3m. Clause 4.3 is not a clause excluded under Clause 5.4 Controls relating to miscellaneous uses under the KLEP 2012.

 

Fig 4. North and South side elevations demonstrating the extent of the variation to height  (Source: Innovate Architects, 2017)

 

 

14.         The applicant’s Clause 4.6 Exception to Development Standard dated 18 December 18 written request seeks a maximum building height of 9.1m – 10.3m.

 

(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.

 

15.         Comment: The applicant has provided justification in support of the extent of the variation. The details are contained within the applicant’s submitted Statement of Environmental Effects lodged with Council in support of the proposal.

 

(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

(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

 

16.         Comment: The applicant has provided justification for the extent of the variation. This has been considered as part of the assessment process however proposed extent of the variation is not considered to be within the public interest given that the objectives of the R2 Low Density Residential zone. In particular the development is not supported for the reasons as follows;

 

·    The extent of the variation is considered to be unnecessary and unsympathetic given the slope of the site.

·    The proposed extent of the variation results in excessive bulk and scale which results in a built form which is incompatible with the immediate visual catchment.

 

As such, Condition No. 10 has been recommended requiring:

 

The roof of the rear first balcony must be deleted and plans amended to the extent that the height shall not exceed 9m when measured from the Natural Ground Level beneath the ridge.

 

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

 

17.         Comment: The applicant’s Clause 4.6 Exception for Development Standard to Clause 4.3 Height of Building is not supported as the extent of the variation which is considered excessive and unnecessary. The variation is not in the public interest and is inconsistent with the objectives of the particular standard and objectives of the zone. Concurrence from the Secretary General is through the provisions of the Local Planning Panel for consideration.

 

(8)  This clause does not allow development consent to be granted for development that would contravene any of the following:

(c) clause 5.4

 

18.         Comment: Previously addressed.

 

19.         The Clause 4.6 Exception to Development Standard Clause 4.3 Height of Building is not supported and is not considered to be well founded and is inconsistent with the intent of the Development Standard objective and therefore is not supported.

 

20.         An additional condition of consent has been imposed as at Construction Certificate Stage to amend the rear first floor balcony to comply with the 9m height of building ensuring compliance with the Kogarah Local Environmental Plan 2012.

 

Part 6 – Additional Local Provisions

 

Applicable KLEP 2012 Clause (Map)

KLEP Provisions

Development Provisions

Compliance/

Comment

6.1 Acid Sulphate Soils

(ASS_004)

Acid sulphate soils objectives to be satisfied

Not materially affected, minimal cut and fill proposed to accommodate residential development given that the proposal forms alterations and additions to an existing dwelling

Yes

6.3 Flood Planning

(FLD_004)

Objectives of clause to be satisfied

Not affected by flooding