AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP) – Extra Ordinary Meeting

Date:

Tuesday, 11 December 2018

Time:

4.00pm

Venue:

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

Panel Members:

Paul Vergotis (Chairperson)

John Brockhoff (Expert Panel Member)

Cameron Jones (Community Representative

Council Staff:

Meryl Bishop (Director Environment and Planning)

Ryan Cole (Manager Development and Building)

Nicole Askew (Coordinator Development Assessment)

Cathy Mercer (PA to Manager Development and Building)

Monica Wernej (Admin Assistant)

 

   1. On Site Inspections - 1.00pm –  3.30pm

a)    27-33 Nielsen Avenue Carlton

b)    37 Junction Road Beverly Hills

c)    301 Kingsgrove Road Kingsgrove

 

 

 

 

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)


 

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

 

 

 

 

 

LPP058-18        301 Kingsgrove Road Kingsgrove – DA2017/0487

(Report by Development Assessment Planner)

LPP059-18        27-33 Nielsen Avenue Carlton – MOD2018/0085

(Report by Development Assessment Planner)

LPP060-18        37 Junction Road Beverly Hills – DA2018/0111

(Report by Development Assessment Planner)

LPP061-18        Delegation of Functions - Georges River Local Planning Panel to General Manager – 18/653

(Report by Manager Development and Building)

 

 

 

 

 

4. Confirmation of Minutes


 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Tuesday, 11 December 2018

 

LPP Report No

LPP058-18

Development Application No

DA2017/0487

Site Address & Ward Locality

301 Kingsgrove Road Kingsgrove

Hurstville Ward

Proposed Development

Demolition of all structures, and the construction of a two (2) storey child care centre for forty seven (47) children and a proposed basement car park

Owners

Mr Y Salloum and Ms N Tamir

Applicant

J Salloum

Planner/Architect

J Salloum

Date Of Lodgement

18/10/2017

Submissions

Fifty five (55) submissions 

Cost of Works

$737,000.00

Local Planning Panel Criteria

Number of submissions received exceeds 10

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

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchmment; State Environmental Planning Policy No 55 – Remediation of Land); State Environmental Planning Policy (Educational Establishments and Child Care Facilities);

Hurstville Local Environmental Plan 2012;

Hurstville Development Control Plan No 1 - LGA Wide.

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

Architectural Plans

Acoustic Report

Traffic Report

Landscape Plan

Report prepared by

Development Assessment Planner

 

 

Recommendation

That the application be refused in accordance with the reasons for refusal at the end of this report.

 

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 with no design changes

 

     Site Plan

 

 Subject site outlined in red

 

Proposal

1.         Council is in receipt of a Development Application (DA2017/0487) seeking consent for the demolition of all structures, and the construction a two (2) storey child care centre with basement car parking. The centre is proposed to accommodate forty seven (47) children aged zero to five (0 to 5) years of age. 

 

Site and Locality

2.         The subject site is a corner allotment located on the western side of Kingsgrove Road and the southern side of Vivienne Street between Moreton Avenue to the north and Morris Avenue to the south. The allotment is generally rectangular in shape, with a 21.1m eastern frontage to Kingsgrove Road, a 40.3m secondary northern boundary to Vivienne Street including a splay, a 42.6m southern side boundary, a 23.4m rear western boundary and a site area of 998.89sqm.

 

Within the Vivienne Street frontage is a traffic calming device with a no parking zone.

 

The locality is a mixture of residential development of various heights and scale, with educational facilities to the south and the Kingsgrove town centre to the north and the opposite side of Kingsgrove Road is the Local Government Area of Bayside.

 

        Proposed Site Plan - 301 Kingsgrove Road, Kingsgrove

 

Zoning and Permissibility

3.         The subject land is zoned R2 - Low Density Residential under the provisions of the Hurstville Local Environmental Plan 2012 (HLEP 2012). The proposed development is defined by the (HLEP 2012) as a ‘Centre-based child care facility’ which is a permitted land use in the R2 Zone.

 

Figure 2: Extract of Zoning Map, the subject site outlined in blue, the eastern side of Kingsgrove Road is Bayside Council

 

Submissions

4.         The proposed development was notified to the immediate surrounding residents on two (2) separate occasions. During the notification periods, a total of forty eight (48) submissions were received by Council, objecting to the proposed development. Following the deferral of the application by the Georges River Planning Panel, a further seven (7) submissions relating to the application were received.

 

Development Application History

5.         The Development Application (DA2017/0487) was lodged on 17 October 2017; the application was assessed and presented to the Georges River Local Planning Panel (Panel) on 5 October, 2018.

 

The Local Planning Panel Members and Council Officers undertook an inspection of the site on the day of the meeting and attended 2 submitter’s properties as requested.

 

Two (2) members of the public addressed the Panel.

 

The Panel resolved to defer the matter on 5 October, 2018, and extract the minutes is outlined below:

 

1.   Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2017/0487 for the demolition of existing structures and construction of a new 47 place child care centre with basement car parking at 301 Kingsgrove Road, Kingsgrove, be deferred and invites the applicant to submit the following;

 

a)    Plan of Management for the overall operation of the Centre.

 

b)    Amended traffic report that considers traffic conflicts in Vivienne Street and Kingsgrove Road during peak school hours and drop off and pick up times of the proposed child care centre. In particular the amended traffic report should consider additional traffic and parking signage within Vivienne Street to minimize traffic conflict in that street and Kingsgrove Road.

 

2.    That the amended traffic report once received shall be referred to the Council’s Traffic Management Committee for comment and any appropriate recommendations.

 

3.    Amended documentation shall be submitted to Council within four (4) weeks and a supplementary report shall be submitted to the Panel (as constituted on 5 October 2018) within two (2) weeks following the decision of the Traffic Management Committee and the matter may be handled by electronic means subject to determination of the Chairperson.

 

Following the deferral, the applicant submitted the following information to address the reasons for deferral:

 

·   Parking and Traffic Impact Assessment Report, prepared by Greys Australia Pty Ltd, Job Reference; P1726; Dated: 17 October, 2018; and

 

·   Plan of Operational Management for Child Care Centre, prepared by Futuristic Design; Dated: 20 October, 2018.

 

Representations Previously Raised

6.         The following representations were made as part of the original assessment and remain relevant to the application. The original assessment is attached which contains an assessment of the representations made.

 

·    Increase in Traffic due to drop off and pick up of children;

·    Adequacy of Parking Provision;

·    Location of Mechanical Exhaust;

·    Loss of Views;

·    Overshadowing;

·    Acoustic Impacts;

·    Damage During Construction;

·    Adequacy of Boundary Setbacks;

·    Fencing;

·    Non-compliance of the DA with the Development Control Plan; (DCP)

·    Location of the child care centre, there are various facilities within walking distance;

·    Impact on pedestrian movement, particularly school children;

·    Fatality on Vivienne Street (2012); and

·    Width of Vivienne Street.

 

Representations made following Deferral of the Application

7.         Following the deferral of the application by the Panel, Council received various objections, submissions and representations relating to the proposal and content of the report. The additional representations are outlined below.

 

Development is no adjacent to a commercial property

8.         Officer Comment – This comment relates to the Council Officers assessment and support of a two (2) storey building form and the childcare centre being a forty seven (47) place centre.

 

In this regards, the R2 zone permits Child Care Centres irrespective of whether it is located next to a commercial zone or not. However, Council’s DCP provides that a Child Care Centre in a residential zone not adjacent to a commercial zone be single storey and up to 40 children.

 

The applicant sought a variation to the Development Control Plan (DCP) criteria for a single storey form and a 40 place childcare centre.

 

The Officers assessment was not predicated on the site being located adjacent to a commercial/retail area or a non-residential zone.

 

The assessment was undertaken having regard to the height control nominated in the Local Environmental Plan, namely 9.0m for all R2 development and the recent State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 which outlines the assessment criteria for childcare centres within a residential context.

 

The merit assessment undertaken by the assessing officer resulted in the variations of the Development Control Plan proposed being supported. 

 

Overshadowing

9.         Officer CommentThe adjoining property to the south accommodates a dwelling house on an allotment with an east-west orientation, with a series of window openings in the northern façade. A series of solar panels occupy the north facing roof plane, and a carport and large shed occupy the north western portion of the property.

 

The building form occupying the subject site is single storey in height; given the existing lot pattern any redevelopment of the subject site seeking a 2 storey form will result in overshadowing of the allotment which is to the south.

 

The proposed application has had regard to the impact of shadow on the south allotment by setting the first floor back 4.2m from the southern boundary.

 

The DA is accompanied by shadow diagrams (see diagram below) which depict the impacts of the proposed development in both plan and elevational form. The diagrams demonstrate there will be additional overshadowing affecting the adjoining property during mid-winter, with the shadows substantially contained within the boundaries of the site during the equinoxes.

 

The elevational shadow diagrams demonstrate that a majority of the north facing windows will continue to receive solar access between 9am and midday during the mid-winter period. Further, the shadow will not affect the existing solar panels at any time during the year.

 

Part 4 of the Hurstville DCP provides objectives and controls for solar access for residential development, and the controls form an appropriate basis upon which to determine the reasonableness of the overshadowing impacts of the proposed development.

 

In that regard, Design Solution (DS) 6.1 specifies that development should allow "for at least 3 hours of sunlight on the windows of main living areas and adjoining principal private open space of adjacent dwellings between 9.00am and 3.00pm on 22 June".

 

The adjoining dwelling to the south will continue to receive solar access to the north facing windows between 9am and midday. Accordingly, the proposed development satisfies the relevant solar access criterion, and the overshadowing impacts of the proposed development are considered reasonable and acceptable.

 

Elevational Shadows of the development on the allotment to the south

 

Loss of Views

10.       Officer Comment – The submitter is referring to the outlook they currently have across the front setback of the subject allotment to the north. The development bulk is currently approximately 10m from the front boundary of the site; the application is proposing a setback of the development to be between 5.5m and 9.5m to Kingsgrove Road. It is further acknowledged that there will be shade structures in this area which are elevated.

 

The development will reduce the outlook currently available, however the setbacks proposed are considered to be adequate to facilitate an outlook across the front setback of the subject allotment. In particular the development will not reduce and views of icons or district views. Accordingly, a reasonable sharing of views will be retained.

 

Adequacy of Boundary Setbacks

11.       The submissions received by Council detail the proposal seeks non-compliant setbacks. In order to clarify the way the setbacks have been derived, the following is acknowledged:

 

·    the boundary facing Vivienne Street is identified as the Secondary setback;

·    the boundary facing Kingsgrove Road is identified as the Front Setback;

·    the boundary facing 303 Kingsgrove Road is identified as the Side Setback;

·    the boundary facing 1 Vivienne Street is identified as the Rear Setback;

 

In addition, the Design Standard (DS) 6.4 of the Hurstville DCP specifies:

 

·     A minimum front boundary setback of 5.5m required to the façade of a building – the application proposes a 9.0-9.5m setback to Kingsgrove Road.

 

·     A setback of 2m to the secondary frontage on a corner site required - 3.0 - 3.5m to Vivienne Street is proposed.

 

·     A side boundary setback of 900mm is required – a side setback of 900m is provided to the south at ground floor for the covered area and 3.4m to the external façade of the development ground floor.

 

·     A rear setback of 3m – a rear setback of 10m is provided to the covered area and 11.5m to the outdoor storage area.

 

·     A rear setback to the first floor of the proposed development is 13m to the west.

 

As such, the proposed setbacks are considered to be acceptable.

 

Inaccuracies of the Traffic Report

Officer Comment – The submitters raise concerns with the assumptions of the traffic report and also some statements within the traffic report relating to road signage and the road network.

 

Council’s Traffic Engineers reviewed the report and also undertook an assessment of the proposal having regard to the location of the development proposed.

 

The basis of the Traffic Engineers assessment formed part of the report to the Traffic Committee; this is discussed in detail below.

 

Notification of the Application

Officer Comment – Submissions were made in relation to the notification of the application. The application was notified in accordance with Council’s Notification DCP. 

 

12.       Assessment of the Proposal Based on the Deferrals Reasons

Officer CommentThis report has been prepared outlining how the additional information provided by the applicant has responded to the deferral reasons:

 

Deferral Reason One

Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2017/0487 for the demolition of existing structures and construction of a new 47 place child care centre with basement car parking at 301 Kingsgrove Road, Kingsgrove, be deferred and invites the applicant to submit the following;

 

a) Plan of Management for the overall operation of the Centre.

 

Officer Comment: The applicant prepared an Operational Plan of Management which addresses the children numbers, staffing numbers, hours of operation and the functioning of the centre and operational requirements of the staff and parents whose children are cared for within the facility.

 

This document has satisfied deferral condition one (1). 

 

Deferral Reason Two

 

b) That the amended traffic report once received shall be referred to the Council’s Traffic Management Committee for comment and any appropriate recommendations.

 

Officer Comment: The applicant re-engaged Greys Australia to prepare an amended Traffic Management Plan, which is dated 17 October 2018, this report provided further justification as to the assumptions made during their initial assessment. This report was forwarded to Council’s Traffic Engineers on 6 November 2018 for review and the preparation of a report to Council’s Traffic Committee (a copy of the Traffic Committee Report is attached).

 

The recommendation to the committee from Council’s Traffic Engineers was adopted by the Traffic Committee as follows:

 

TAC227-18 Vivienne Street, Kingsgrove - Proposed Timed 'No Stopping' zone (Report by Traffic Engineer)

 

Members in support of the proposal were NSW Police, RMS and Council. The representative of Mr C Minns, MP State Member for Kogarah, voted against the proposal.

Recommendation

(a)     That a 30m “No Stopping, 7am – 9am, 4pm – 6pm, Mon – Fri” zone be installed on the southern side of Vivienne Street, Kingsgrove.

(b)     That the current 8m “No Parking” zone on the southern side of Vivienne Street be modified to “No Parking, All Other Times”.

(c)     That a Statutory 10m “No Stopping” zone be installed on the southern and northern side of Vivienne Street at the intersection of Kingsgrove Road, Kingsgrove, as shown on plan.

(d)     That the applicant be notified of Council’s decision and bear the financial costs of the signage works. 

(e)     That the proposed changes only be implemented subject to the approval of the DA for the Childcare Centre.

 

The recommendations of the Traffic Committee were referred to Council on Monday 26 November 2018 for adoption. Council resolved not to adopt the recommendations of the Traffic Committee with respect to the proposed changes to street signage in Vivienne Street Kingsgrove, for the following reasons.

 

ASS051-18 - Georges River Traffic Advisory Committee Meeting - 6 November 2018

 

a)    That Council resolves not to proceed with the installation of no stopping zones and an amendment to the no parking zone in Vivienne Street Kingsgrove due to the reduction of on street parking available for residents and visitors to the area.

b)    That Council notes the concerns of the local community in regards to the impacts of the proposed traffic changes on the amenity of the local area.

c)    That the General Manager write to the Local Planning Panel expressing the Council’s concerns in relation to the adverse impacts of the proposed traffic amendments on the local road network and outlining the local community’s concerns regarding the impacts of the changes on the amenity of the area.

d)    That the comments prepared by Stanbury Traffic Planning date 21 November 2018 be referred to the Local Planning Panel for consideration as part of the determination of DA2017/0487.

e)    That the recommendations contained within the minutes of the Georges River Traffic Advisory Committee Meeting held on 6 November 2018 be adopted with the exception of TCC227-18, by Council.

 

Assessment Council – Based on the contents of the applicants traffic report to the Council and Council’s Traffic Engineers recommendation to the Traffic Committee, the variation to the road network signage is required for the orderly development of the site. As such, given the road network changes are not approved by Council (see resolution above) the application is recommended for refusal.

 

CONCLUSION

13.       The site is located within a street that contains varying land uses; however the predominant use is residential which is reflective of the R2 – Low Density Residential zone that accounts for the majority of the allotments within Kingsgrove Road and Vivienne Street. The capacity of the child care centre (47 places) would generate unreasonable, additional traffic impacts upon Kingsgrove Road and Vivienne Street without the road network changes.

 

In view of the above, the site is not considered to be suitable for the development having regard to the traffic implications, as such, the application is recommended for refusal.

 

DETERMINATION

THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979, as amended, that Council refuse development consent to Development Application DA2017/0487 for demolition of all structures, and the construction of a two (2) storey child care centre for forty seven (47) children and a proposed basement car park at Lot A DP 340391 and known as 301 Kingsgrove Road, Kingsgrove, for the following reasons:

 

1.         The capacity and subsequent additional traffic generation would have an adverse impact upon Vivienne Street which is classified as a Local Road and Kingsgrove Road which is a Local Collector Road. The proposed development will adversely increase the peak hour volume during the morning and afternoon peak period of Kingsgrove Road.

 

2.         The width of Vivienne Street does not provide the required 3m travel lanes in both directions (as per the RMS Road Design Guide) when cars are parked on either side of the road therefore compromising vehicle and pedestrian safety when clients and staff are accessing and egressing from the basement carpark.

 

3.         The recommendations of Council’s Traffic Committee to install additional and modified signage within Vivienne Street to control traffic movement during the peak operating hours of the childcare centre was not adopted by Council. The impact of the additional vehicles in the location during peak times without the additional signage is considered to be unsatisfactory and detrimental to pedestrian and vehicle movement in Vivienne Street as assessed by Council Traffic and Infrastructure Division.

 

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

 

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

 

 

 

ATTACHMENTS

Attachment 1

LPP Report - 5 Oct 18 - 301 Kingsgrove Rd Kingsgrove

Attachment 2

Plan of Operational Management - 301 Kingsgrove Road, Kingsgrove DA2017/0487

Attachment 3

Parking and Traffic Impact Assessment Report - 17 October 2018 - Proposed Child Care Centre - 301 Kingsgrove Road Kingsgrove

Attachment 4

DA2017 0487 - Traffic Committee Report - Vivienne Street Kingsgrove

Attachment 5

Amended Elevations and Sections - 301 Kingsgrove Road Kingsgrove

Attachment 6

Amended First Floor Plan - 301 Kingsgrove Road Kingsgrove

Attachment 7

Amended Ground Floor Plan - 301 Kingsgrove Road Kingsgrove

Attachment 8

Amended Basement - 301 Kingsgrove Road Kingsgrove

Attachment 9

Amended Front fence elevation and Setback Details - 301 Kingsgrove Road Kingsgrove

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 1]           LPP Report - 5 Oct 18 - 301 Kingsgrove Rd Kingsgrove

 

 

Page 15

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 2]           Plan of Operational Management - 301 Kingsgrove Road, Kingsgrove DA2017/0487

 

 

Page 68

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 3]           Parking and Traffic Impact Assessment Report - 17 October 2018 - Proposed Child Care Centre - 301 Kingsgrove Road Kingsgrove

 

 

Page 102

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 3]           Parking and Traffic Impact Assessment Report - 17 October 2018 - Proposed Child Care Centre - 301 Kingsgrove Road Kingsgrove

 

 

Page 123

 


 


 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 3]           Parking and Traffic Impact Assessment Report - 17 October 2018 - Proposed Child Care Centre - 301 Kingsgrove Road Kingsgrove

 

 

Page 128

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 3]           Parking and Traffic Impact Assessment Report - 17 October 2018 - Proposed Child Care Centre - 301 Kingsgrove Road Kingsgrove

 

 

Page 130

 


 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 3]           Parking and Traffic Impact Assessment Report - 17 October 2018 - Proposed Child Care Centre - 301 Kingsgrove Road Kingsgrove

 

 

Page 135

 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 3]           Parking and Traffic Impact Assessment Report - 17 October 2018 - Proposed Child Care Centre - 301 Kingsgrove Road Kingsgrove

 

 

Page 146

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 4]           DA2017 0487 - Traffic Committee Report - Vivienne Street Kingsgrove

 

 

Page 149

 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 5]           Amended Elevations and Sections - 301 Kingsgrove Road Kingsgrove

 

 

Page 150

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 6]           Amended First Floor Plan - 301 Kingsgrove Road Kingsgrove

 

 

Page 151

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 7]           Amended Ground Floor Plan - 301 Kingsgrove Road Kingsgrove

 

 

Page 152

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 8]           Amended Basement - 301 Kingsgrove Road Kingsgrove

 

 

Page 153

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP058-18              301 Kingsgrove Road Kingsgrove

[Appendix 9]           Amended Front fence elevation and Setback Details - 301 Kingsgrove Road Kingsgrove

 

 

Page 154

 


Georges River Council – Local Planning Panel   Tuesday, 11 December  2018

Page 156

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Tuesday, 11 December 2018

 

LPP Report No

LPP059-18

Development Application No

MOD2018/0085

Site Address & Ward Locality

27-33 Nielsen Avenue Carlton

Kogarah Bay Ward

Proposed Development

Modification of Development Consent DA2016/0212 - to provide an additional one (1) bedroom apartment on the fourth level of a residential flat building

Owners

Nielsen Avenue Carlton Pty Ltd AFT

Applicant

Architecture and Building Works

Planner/Architect

Architecture and Building Works

Date Of Lodgement

4/07/2018

Submissions

No submissions were received

Cost of Works

$10,778,669.00 total development cost

Local Planning Panel Criteria

Reason the application is being referred to the Panel, as the application is subject to State Environmental Planning Policy 65 – Design Quality of Residential Flat Development as 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 No 65 – Design quality of Residential Flat Development, State Environmental Planning Policy No 55 - Remediation of Land,

State Environmental Planning Policy (Infrastructure) 2007, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Draft State Environmental Planning Policy (Environment),

Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013

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

Architectural Plans prepared by Architectural Building Works

Statement of Environmental Effects

 

 

Report prepared by

Development Assessment Planner

Anthea

 

Recommendation

That the Panel accept and support the exceedance of the height control and approve the application in accordance with the conditions below.

 

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 4.6 variation to be considered as a ‘matter for consideration’ relating to a breach of the height control, Clause 4.3 – Height of Buildings 

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 imposed

 

 

Site Plan

Figure. 1:  Aerial Plan of subject site (outlined in red)

 

Executive Summary

 

Proposal

1.           The proposal is an application under Section 4.55(2) to modify the Development Consent DA2016/0212 (originally a Kogarah Council application), to add an additional one (1) bedroom unit.

 

2.           DA consent was for demolition of the existing dwellings and construction of a 5 storey residential flat building comprising 40 units and basement parking, was granted approval by the Georges River Local Planning Panel on 19 April 2018.

 

3.           The modification is to provide an additional one bedroom apartment (Unit 4.02) on the fourth floor of the approved residential flat building, which will exceed the height control by 275mm being 1.8%.

 

4.           The proposal also involves the alteration of the rooftop communal open space area; which remains compliant with the communal open space criterion for residents as referenced in the Apartment Design Guide (ADG).

 

Site and Locality

5.           The subject site is 27 - 33 Nielson Avenue Carlton (Lots 23 – 26 in DP 5452) located on the north western side of Neilson Road.

 

6.           The site has a total site area of 2,054.4sqm, with a site frontage of 73.152m, and a depth of 28.245m.

 

7.           The land slopes down gradually towards Nielson Avenue by approximately 1.2m.

 

8.           Existing on the sites are single storey dwelling houses with associated outbuildings.

 

Description: 20180811_125504(0)

 

Description: 20180811_125508

 

9.           The subject site is adjoined to the sides and across the road by single storey dwellings, and to the rear by residential flat buildings.

 

Zoning and Permissibility

10.         The subject site is zoned R3 Medium Density Residential, with the immediate adjoining land zoned R3 Medium Density Residential. The land on the southern side of Neilson Avenue is zoned R2 Low Density Residential. See Zoning Map below, the site is outlined in red.

 

 

11.         Residential Flat Buildings are permitted with consent in the R3 Medium Density Residential zone.

 

Development Control Plan

12.         The Kogarah Development Control Plan 2013 (KDCP) provides detailed provisions to guide development to achieve the objectives of the KLEP, providing detailed controls and objectives for residential and commercial development. The proposed modification complies with the relevant clauses of the KDCP.

 

Level of Determination

13.         The application is referred to the Local Planning Panel for determination as the proposal relates to a new unit within a residential flat building 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 Directions – Development Applications dated 23 February 2018.

 

Submissions

14.         The proposal was notified to ­­adjoining neighbours for a period of 14 days between 25 July 2018 and 8 August 2018. No submissions were received.

 

Conclusion

15.         Having regard to the matters for consideration under Part 4.15, and 4.55(2) Modifications of Consents of the Environmental Planning and Assessment Act 1979, Modification Application No. MOD2018/0085 is recommended for approval subject to conditions and revision of the previous conditions imposed.

 

Report in Full

 

Proposal

16.         The proposal is an application under Section 4.55(2) to modify the Development Consent DA2016/0212 (originally a Kogarah Council application), to add an additional unit to a residential flat building, as shown on the elevation below (clouded in red).

 

 

17.         The DA consent was for demolition of the existing dwellings and construction of a 5 storey residential flat building comprising 40 units and basement parking, was granted approval by the Georges River Local Planning Panel on 19 April 2018.

 

18.         The modification is to provide an additional one bedroom apartment (Unit 4.02) on the fourth floor of the approved residential flat building, which will exceed the height control by 275mm being 1.8%.

 

19.         The proposal also involves the alteration of the rooftop communal open space area; which remains compliant with the communal open space criterion for residents as referenced in the Apartment Design Guide (ADG).

 

Site and Locality

20.         The subject site is located at 27 - 33 Nielson Avenue Carlton (Lots 23 – 26 in DP 5452) on the north western side of the road.

 

21.         The site has a total site area of 2,054.4sqm, with a site frontage of 73.152m, and a depth of 28.245m.

 

22.         The land slopes down gradually towards Nielson Avenue by approximately 1.2m.

 

23.         Existing on the sites are single storey dwelling houses with associated outbuildings, as shown in the photos below.

 

Description: 20180811_125504(0)

 

 

24.         The subject site is adjoined by dwellings along Neilson Avenue and residential flat buildings to the rear. Opposite the site are dwellings.

 

Background

25.         Development Application DA2016/0212 initially proposed a residential flat building as shown in the elevation below.

 

 

26.         On 19 December 2017 the Local Planning Panel (formally known as IHAP) at its meeting on 19 December 2017 considered Application DA2016/0212. The height control was breached as annotated above by the red line. The Panel resolved to defer the application seeking amended plans to:

 

-         Comply with the height controls - proposed units 401 and 402 may need to be deleted.

 

27.         Revised plans were provided to address the deferral reasons of the Panel, showing the deletion of a unit.

 

 

28.         On 19 April 2018 DA2016/0212 was granted consent by LPP for demolition of existing dwelling and the construction of a 5 storey residential flat building comprising 40 units and basement parking, as shown above.

 

APPLICABLE PLANNING CONTROLS

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

 

Section 4.55(2) of the Environmental Planning and Assessment Act

29.         The proposal has been lodged under the relevant Section 4.55(2) of the Act and has been assessed against the following matters for consideration under this section of the Act.

 

“4.55(2) Modification of consents – other modifications

 

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

 

(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

 

Comment: It is considered this Section 4.55(2) modification is substantially the same development as the development approved, as this application is seeking to include an additional unit to an approved residential flat building.

 

(c)  it has notified the application in accordance with:

 

(i)  the regulations, if the regulations so require, or

(ii)  a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

 

Comment: The application was notified in accordance with the Kogarah DCP 2013, no submissions were received.

 

(d)it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.”

 

Comment: No submissions were received.

 

(3)  In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

 

Comment: Section 4.15(1) matters have been considered below.

 

30.         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.

 

31.         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 (Building Sustainability Index: BASIX) 2004;

·     Draft Environment State Environmental Planning Policy;

·     Kogarah Local Environmental Plan 2012; and

·     Kogarah Development Control Plan.

 

An assessment has been undertaken having regard to the relevant State Environmental Planning Policies is detailed below:

 

Deemed State Environmental Planning Policy – Georges River Catchment

32.         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 and the original engineering conditions of consent. No changes to the stormwater design are required as a result of change in the roof design.

 

State Environmental Planning Policy No 55 – Remediation of Land

33.         The approved development was for construction of a two residential units over an existing structure. This application seeks approval for internal alterations, accordingly, there are no earthworks proposed.

 

Based on Council’s records, the subject site has not been used for any potentially contaminating activities.  As such, it is considered unlikely that the land is contaminated.

 

State Environmental Planning Policy No 65 — Design Quality of Residential Apartment Development

34.         The extent to which the proposed development complies with the controls and principles in the State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development (SEPP 65) and the Apartment Design Guide (ADG) is detailed and discussed in the tables below.

 

35.         Application of SEPP 65.

 

Clause

Standard

Proposal

Complies

3 - Definitions

Complies with definition of “Residential Apartment Development” (RAD)

Complies with definition

Yes

4 - Application of Policy

Development involves the erection of a new RFB, substantial redevelopment or refurbishment of a RFB or conversion of an existing building into a RFB

This is a modification of an approval for the erection of a new residential flat building

Yes

50 – Development Applications

Design verification statement provided by qualified designer

 

Registered Architect Name and Registration No.

Design Verification Statement provided by Registered Architect Mr Jim Apostolou (Registration No.7490)

Yes

         

36.         Clause 29 states that modifications applications require advice from the Design Review Panel (DRP) as to whether the modifications diminish or detract from the design quality, or compromise the design intent, of the development for which the consent was granted.

 

37.         The original proposal was referred to the Design Review Panel (DRP) on 1 December 2016 and the Panel supported the DA. The elevation below shows the extent of bulk above the maximum height line (red line) and the approximate location of the subject proposed unit (red oval).  

 

 

38.         Given that the unit was previously considered by the DRP, who supported this aspect of the original DA, given the proposed unit has been reduced in scale, no further consideration by the DRP is required.

 

39.         The proposed modification has been reviewed having regard to the Principles of this State Environmental Planning Policy, comments are provided below.

 

Clause

Council’s comments

Complies

1 – Context and neighbourhood character

The proposal additional unit will not significantly alter the overall design of the approved building which was previously assessed as being in context with the surrounding area

Yes

2 – Built form and scale

The approved residential flat building is located in an area undergoing change and therefore is compatible with the future character of the area.

 

It is considered that the inclusion of the proposed unit will reinstate the missing element of the approved built form, as it is located in front of the lift overrun, stairwell, and services cupboard, and adjoins a single unit on the same floor.

Yes

3 - Density

The proposal complies with the FSR control as outlined above.

 

The amenity of the proposed unit is discussed in detail below.

 

The approved building was considered to be in close proximity to public transport.

Yes

4 – Sustainability

The applicant has provided a solar access and natural ventilation plan which shows the proposed unit will receive 2 hours of sunlight to the main living room and balcony mid-winter, and has cross ventilation, the proposal is considered acceptable.

Yes

5 - Landscape

This design principle is not applicable to the subject modification proposal as the landscaped area remains acceptable.

Yes

6 - Amenity

The proposed unit has a good design as it has the following design features:

 

·    the proposed unit does not adversely overshadow or overlook surrounding residential properties, or the unit on the same level.

·    the size of the unit is 56.6sqm which is more than the minimum requirement of 50sqm contained in objective 4D-1 of the ADG.

·    the proposed unit has adequate access to sunlight and ventilation as discussed above.

·    the distance between the proposed unit and the unit of the building to the north west is more than 18m, which is more than the required separation of 9m.

·    the proposed unit adjoins the approved communal open space. A condition is recommended that the use of the communal open space is restricted to between 8.00am and 10.00pm daily.  

·    storage for the unit is provided in the basement level.

·    the area of the balcony is 11.5sqm which is more than the required space of 8sqm, and the minimum dimension is more than 2m, which is acceptable.

·    the proposed unit has an efficient layout as the living area adjoins the balcony, and service areas are part of the approved building.

·    the proposed unit has access to the lift to provide access for different ages and degrees of mobility to all levels of the building.

Yes

7 – Safety

This design principle is not applicable to the subject modification proposal.

Yes

8 – Housing diversity and social interaction

The proposal will increase the number of 1 bedroom units, the mix is as follows:

 

8 x 1 bedroom

31 x 2 bedrooms

2 x 3 bedrooms

 

The proposal involves reducing the communal open space area to accommodate the proposed unit. The ADG tool 3D-1 states that communal open space is to be 25% of the site, which is 513.6sqm for the subject site. The proposed amended size of the communal open space is 522.294sqm which complies.

 

The landscape plan shows that the rooftop contains a variety of open space areas for future residents including a BBQ area and shade structure, seating in communal open space areas, children’s active play area with shade structure, and a sundeck area. The BBQ area has been slightly reduced in size to accommodate the proposed unit, which is acceptable.

Yes

9 - Aesthetics

It is considered that the aesthetics of the building will be improved as the inclusion of the proposed unit will reinstate the missing element of the approved built form as it is located in front of the lift overrun, stairwell, and services cupboard, and adjoins a single unit on the same floor.  

Yes

 

40.         Clause 30 – Consideration of Apartment Design Guide

 

Clause

Standard

Proposal

Complies

2E – Building depth

12-18m

 

9m

Yes

2G – Street setbacks

Align street setbacks with building use. For example in mixed use buildings a zero street setback is appropriate

NA

NA

3D-Communal and Public Open Space

 

 

1. Communal open space has a minimum area equal to 25% of the site.

-Where it cannot be provided on ground level it should be provided on a podium or roof

 

-Where developments are unable to achieve the design criteria, such as on small lots, sites within business zones, or in a dense urban area, they should:

• provide communal spaces elsewhere such as a landscaped roof top terrace or a common room

• provide larger balconies or increased private open space for apartments

• demonstrate good proximity to public open space and facilities and/or provide contributions to public open space

 

2. 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 proposal involves reducing the rooftop communal open space area to accommodate the proposed unit. The ADG tool 3D-1 states that communal open space is to be 25% of the site, which is 513.6sqm for the subject site. The proposed communal open space is 522.294sqm which complies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The communal open space is located on the rooftop.

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

3E- Deep Soil Zones

 

 

1. Deep soil zones are to meet the following minimum

requirements:

 

-Where site area is between 650sqm and 1500sqm = 3m minimum dimension

 

Deep soil = 7%

The proposal does not change the location of deep soil landscaping approved under the DA.

Yes

 

 

 

 

 

 

 

3F- Visual Privacy

1. Separation between windows and balconies is provided to ensure visual privacy is achieved.

 

Minimum required separation distances from buildings to the side and rear boundaries are as follows:

 

-Up to 12m (4 storeys)

Habitable rooms and balconies = 6m (12m separation distance)

Non-habitable rooms = 3m (6m separation distance).

The distance between the proposed unit and the unit of the building to the north west is more than 18m, which is more than the required separation of 9m.

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

3H-Vehicle Access

Vehicle access points are designed and located to achieve safety, minimise conflicts between pedestrians and vehicles and create high quality streetscapes

Remains unaltered by this proposal.

Yes

3J- Access and parking

1. For development in the following locations:

 

On sites that are within 800m of a railway station or light rail stop in the Sydney Metropolitan Area;

 

- The minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating

Developments, or the car parking requirement prescribed by the relevant Council, whichever is less

 

The car parking needs for a development must be provided off street

Assessed as part of the original DA.

 

 

 

 

 

 

 

 

Yes

 

 

4A- Solar Access

Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid-winter in the Sydney Metropolitan Area

 

A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid-winter

The applicant has provided a solar access plan which shows that the proposed unit will receive 2 hours of sunlight to the main living room and balcony mid-winter.

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

4B- Natural Ventilation

At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building.

 

Overall depth of a cross-over or cross-through

apartment does not exceed 18m, measured glass line to glass line

The applicant has provided a natural ventilation plan which shows that the proposed unit is cross ventilated.

 

Yes

 

 

 

 

 

 

 

 

4C – Ceiling Heights

Measured from finished floor level to finished ceiling level, minimum ceiling heights are:

Habitable rooms  = 2.7m

Non-habitable rooms = 2.4m

Habitable rooms = 2.75m.

Non-habitable rooms = 2.25m.

No, however the proposal is acceptable as it complies with the BCA as non-habitable rooms can be 2.1m (minimum).

4D-Apartment size and layout

Apartments are required to have the following

minimum internal areas:

 

1 bedroom = 50sqm

2 bedroom = 70sqm

3 bedroom = 90sqm

 

The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5sqm each

 

Every habitable room must have a window in an external wall with a total minimum glass area of not

less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms

 

 

 

 

 

 

The size of the proposed one (1) bedroom unit is 56.6sqm which is more than the minimum requirement of 50sqm contained in objective 4D-1 of the ADG.

 

There is one bathroom proposed.

 

The window provided for each habitable room has a glazed area satisfying this control.

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

Yes

 

4D-Apartment rooms, location and sizes

Habitable room depths are limited to a maximum of

2.5 x the ceiling height

 

In open plan layouts (where the living, dining and

kitchen are combined) the maximum habitable room depth is 8m from a window

The combined living / kitchen area is 5m.

Yes

 

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

 

Bedrooms have a minimum dimension of 3m

(excluding wardrobe space)

 

Living rooms or combined living/dining rooms have a

minimum width of:

-3.6m for studio and 1 bedroom

- 4m for 2 and 3 bedroom apartments

 

The width of cross-over or cross-through apartments

are at least 4m internally to avoid deep narrow apartment layouts

The master bedroom is 11.8sqm.

 

 

 

 

 

The minimum dimension of the bedroom is 3.17m

 

 

 

 

The minimum width of the living / dining room is 5m

 

 

 

 

 

 

 

This is not a cross over or cross through apartment.

Yes 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

4E-Private Open Space and balconies

All apartments are required to have primary balconies as follows:

 

-1 bedroom = 8sqm/2m depth

-2 bedroom = 10sqm/2m depth

-3+ bedroom = 12sqm/2.4m depth

 

The minimum balcony depth to be counted as contributing to the balcony area is 1m

 

 

 

 

 

The area of the balcony is 11.5sqm which is more than the required space of 8sqm, and the minimum dimension is more than 2m, which is acceptable.

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

4F-Circulation spaces

The maximum number of apartments off a circulation

core on a single level is eight

Maximum 2 units off the circulation core on the fourth floor

Yes

 

4G- Storage

In addition to storage in kitchens, bathrooms and

bedrooms, the following storage is provided:

 

1 bedroom - 6m³

2 bedroom - 8m³

3   bedroom - 10m³

Storage for the units is provided in the basement level.

 

Yes

4K – Apartment Mix

A variety of apartment types is provided

The proposal will increase the approved mix of 1 bedroom units:

 

8 x 1 bedroom

31 x 2 bedrooms

2 x 3 bedrooms

Yes

 

 

4M - Facades

Facades should be well resolved with an appropriate scale and proportion to the streetscape and human scale.

The façade is well articulated and varied through the use of different materials and finishes, as approved which will be continued to incorporate this additional unit.

Yes

4N- Roof Design

Roof treatments are integrated into the building design and positively respond to the street.

 

Opportunities to use roof space for residential accommodation and open space are maximised. Incorporates sustainability features.

The proposed unit integrates well into the overall design of the approved residential flat building.

 

 

Yes

4O-Landscape Design

Landscape design is viable and sustainable, contributes to the streetscape and amenity

Landscape design has been approved as per the parent DA.

Yes

4P-Planting on structures

Planting on structures – appropriate soil profiles are provided, plant growth is optimised with appropriate selection and maintenance, contributes to the quality and amenity of communal and public open spaces.

The landscape design approved as per the parent DA remains unaltered by this application with the exception of a reduction in the communal open space.

Yes

4Q-Universal Design

Universal design – design of apartments allow for flexible housing, adaptable designs, accommodate a range of lifestyle needs

Design and mix of apartments allows for different occupants with a range of lifestyle needs. Lift access is provided to all levels of the development.

Yes

4R-Adaptive Reuse

Adaptive reuse as apartment of existing buildings- new additions are contemporary and complementary, provide residential amenity while not precluding future adaptive reuse

The proposed layouts and orientation of apartments allow for flexibility and the ability to facilitate an adapted reuse.

Yes

4U- Energy Efficiency

Development incorporates passive environmental design, passive solar design to optimise heat storage in winter and reduce heat transfer in summer, natural ventilation minimises need for mechanical ventilation

The proposal incorporates a compliant BASIX Certificate, with the commitments in the design to provide appropriate energy efficiency features.

Yes

4V-Water Management and Conservation

Water management and conservation – potable water use is minimised, stormwater is treated on site before being discharged, flood management systems are integrated into site design

The water provision and disposal will be as per the DA determination. 

Yes

4W-Waste Management

Waste management – storage facilities are appropriately designed, domestic waste is minimised by convenient source separation and recycling

Waste facilities are provided which are accessible to all residents. There is a bin storage room in the basement.

Yes

4X-Building Maintenance

Building maintenance – building design provides protection form weathering, enables ease of maintenance, material selection reduces ongoing maintenance cost

The unit will comprise the same materials as approved in the parent DA.

Yes

 

41.         Therefore the proposal generally complies with State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, the variations proposed are considered reasonable and worthy of support.

 

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

42.         The applicant has provided BASIX Certificate No. 744521M_09 which confirms that the development will meet the government’s requirements for sustainability.

 

Environmental Planning Instruments

 

Kogarah Local Environmental Plan

43.         The subject site is subject to the Kogarah Local Environmental Plan 2012.

 

44.         The development is subject to a range of clauses in Kogarah LEP 2012 which are summarised in the following table.

 

Clause

Standard

Proposed

Complies

4.3 - Height of Buildings

15m as identified on Height of Buildings Map

 

15.275m (max.), exceeds the control by 275mm or 1.8%.

 

No, refer clause 4.6 document to be addressed as a matter for consideration as discussed below.

4.4 - Floor Space Ratio

Site = 2,054.4sqm

 

1.5:1 as identified on Floor Space Ratio Map

1.499:1

Yes

 

It is acknowledged a Clause 4.6 variation is not required when assessing a modification, however the applicant has been requested to demonstrate the acceptance of the breach of the height control via a Clause 4.6 variation given the Panel previously did not support a previous Clause 4.6 variation.

 

45.         It is acknowledged that Clause 4.6 Exceptions to development standards does not formerly apply to a modification. Under the provision of the ‘matters for consideration’ a 4.6 based assessment has been undertaken on this proposal, given the height variation and the supporting Clause 4.6 was not previously supported by the Panel.

 

This assessment is to demonstrate the applicant has amended the proposal largely to address the reasons the Panel did not support the Clause 4.6 variation to Building Height, which resulted in the deletion of a unit from the proposal.

 

The objectives of Clause 4.6 are as follows:

 

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

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

 

46.         The following tests below are used to determine whether the standard should be varied:

 

Is the planning control in question a development standard?

Council’s Comment: Yes Clause 4.3 Height is a development standard.

 

What is the underlying objective or purpose of the standard?

The objectives of Clause 4.3 Height Standard are;

 

(a)  to establish the maximum height for buildings,

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

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

 

Applicant’s comment:

 

·    the majority of the additional apartment is contained within the approved height of the development and where it projects beyond the approved roofline it has a maximum height of 15m which is compliant with the maximum height standard

 

·    the additional apartment complies with the required separation distances of the Apartment Design Guide (ADG), and does not result in any significant adverse amenity impacts in terms of privacy, overshadowing, view loss or visual intrusion onto adjoining properties

 

·    the proposed development is a high quality residential building that is well articulated using architectural elements, varied setbacks and materials to ensure that the development contributes positively to the streetscape and when viewed from surrounding lands and the public domain

 

·    that portion of the development associated with the additional apartment, lift overrun, stairwell and pergola that are non-compliant have been approved are relatively minor elements that are not highly visible from the street and have been architecturally treated in a fashion that does not contribute adversely to the bulk and scale of the development.

 

Council’s comment: The proposed unit is considered to be acceptable now for the following reasons:

 

-     The proposal does not cause any adverse amenity impacts as outline in this report.

-     Only a slight portion of the roof of the unit exceeds the height control by 275mm or 1.8% in front of the approved lift overrun.

-     The unit adjoins an approved unit on the fourth floor; this unit will assist to reinstate the missing element of the overall building design.

-     The previous proposal which was not supported was located next to the lift overrun (in elevation) which created excessive bulk.

 

Is compliance with the development standard consistent with the aims of the policy and in particular does compliance with the development standard tend to hinder the obtainment of the objects specified in s5(a)(i) and (ii) of the EP&A Act?

 

The non-compliance must not “hinder the attainment of the objects specified in Section 5(a)(i) and (ii) of the Act.

 

Section 5 of the Environmental Planning and Assessment Act 1979 (as amended) provides:

 

The objects of this Act are…

                             (a) to encourage

i. the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, town and villages for the purpose of promoting the social and economic welfare of the community and a better environment;

      ii. the promotion and co-ordination of the orderly and economic use and development of land;

 

Applicant’s comment: The applicant’s SEE states that the proposal will not have an adverse impact on the environment, and will provide short term employment in the construction industry, and additional housing to meet the needs of the community.

 

Council’s Comment: The proposed development is consistent with the objects nominated in section 5(a)(i) & (ii) of the Environmental Planning and Assessment Act 1979 (“the Act”). The proposal represents a reinvestment in the residential stock in the locality. To enforce strict compliance with Clause 4.3(2) of the Plan will not promote the orderly or economic development of the land, as it would result in an under-utilised property and would result in a development that is not consistent with other nearby development. The site is also in close proximity to Carlton Railway Station and is in an establish suburb.

 

The proposed variation will not contravene these Objects of the Act. Management of the existing residential and environmental environment to achieve better community outcomes will be improved by allowing an additional unit which does not adversely impact on the amenity of the area.

 

Specifically, to enforce strict compliance would be to compromise on the economic and social potential of the subject property. Strict compliance is therefore not consistent with the aims and objectives of section 5(a)(i) and (ii) of the Act.

 

Is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

The rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. Compliance with a development standard is fixed as the usual means by which the relevant environmental or planning objective can be achieved. However, if the proposed development proffers an alternative means of achieving the objective, strict compliance with the standard would be unnecessary (it is achieved anyway) and unreasonable (no purpose would be served).

 

Council’s Comment: It is considered that the strict compliance to the height control is unreasonable or unnecessary in the circumstances of the case for the following reasons:

 

-     The proposal does not cause any adverse amenity impacts as outline in this report.

-     Only a slight portion of the roof of the unit exceeds the height control by 275mm or 1.8% in front of the approved lift overrun.

-     The unit adjoins an approved unit on the fourth floor; this unit will assist with reinstating the missing element of the overall building design.

-     The previous proposal which was not supported was located next to the lift overrun (in elevation) which created excessive bulk.

-     The proposed development will be in the public interest as it is consistent with the objectives of the particular development standard and objectives for development within the zone in which the development is proposed to be carried out.

-     The internal amenity of the unit complies with the Apartment Design Guide and the Building Code of Australia.

 

47.         After careful consideration of the Clause 4.6 request it is considered that the non-compliance in this case is acceptable and the request is well founded and the variation will satisfy the objectives of both the zone and development standard and therefore satisfies the provisions of Clause 4.6.

 

48.         All other relevant provisions of the LEP have been considered and it has been found that the proposal satisfactorily address the objectives of these clauses.

 

Draft Environmental Planning Instruments

49.      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.

 

Development Control Plans

 

KOGARAH DEVELOPMENT CONTROL PLAN 2013

50.         The relevant section of the Kogarah DCP 2013 has been considered below:

 

Part

Control

Proposed

Complies

9. Vehicular access, parking and circulation

8 x 1 bed = 8 spaces

31 x 2 bed = 46.5 spaces for

2 x 3 bed = 4 spaces

9 visitor spaces

Total: 67.5 spaces

54

No, however Conditions 49 and 50 exist on the consent as provided below

 

51.         Condition 49 - Allocation of Car Parking Spaces

A minimum of 54 off street car parking spaces shall be constructed, drained, marked and maintained at all times in accordance with the approved plans. These spaces shall be allocated as follows:

 

a)   45 are to be allocated to the residential units.

b)   9 are to be allocated as visitor parking spaces.

 

52.         Condition 50 - Residential Car Parking Spaces

A minimum of one (1) unrestricted car parking space shall be allocated to each residential unit.

 

During the original assessment of the application, the applicant demonstrated the car parking provided was in accordance with the provisions of the RMS Guide to Traffic Generating Developments’, the Panel accepted the parking provided. It is acknowledged this application is seeking an additional unit; however the parking provided exceeded the RMS requirements, therefore the additional 0.6 of a space required by the proposed 1 bedroom unit can be accommodated within the development without the need for changes to the basement.

 

PROVISIONS OF REGULATIONS

53.         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.

 

SUBMISSIONS AND THE PUBLIC INTEREST

54.         The proposal was notified to ­­adjoining neighbours for a period of 14 days between 25 July 2018 to 8 August 2018. No submissions were received.

 

IMPACTS

 

Likely Impacts of Development

55.         The application as proposed results in a scale and form being acceptable and consistent with the future character of the locality. The application is therefore recommended for approval.

 

Suitability of the site

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

 

Public Interest

57.         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 proposal satisfies the design criteria for this form of development. The proposal as presented will have minimal impacts surrounding properties.  Therefore, the proposal as modified is in the public interest.

 

REFERRALS

 

Council Referrals

58.         No internal referrals were required.

 

CONCLUSION

59.         The proposal is an application under Section 4.55(2) to modify consent DA2016/0212, which was granted on 19 April 2018.

 

60.         The DA consent was for the demolition of existing dwellings and the construction of a 5 storey residential flat building comprising 40 units and basement parking.

 

61.         The modification is to provide an additional one bedroom apartment (Unit 4.02) on the fourth floor of the residential flat building, which is in the location of the approved roof and BBQ area.

 

62.         The main issue of concern is the exceedance of the height control. The original proposal for the Development Application, which was greater in scale to the proposal, was supported by the Design Review Panel.

 

63.         The proposed unit is considered to be acceptable now as the only a slight portion of the roof of the residential unit exceeds the height control by 275mm or 1.8% in front of the lift overrun, instead of where it was previously proposed adjoining the lift overrun.

 

64.         A clause 4.6 variation to the KLEP has been provided and is supported in this case.

 

65.         Furthermore the proposed unit is acceptable as it reinstates an element of the original design of the residential flat building, as it and adjoins an approved unit on the fourth floor.

 

66.         Having regard to the matters for considered under Part 4.15, and 4.55(2) Modification of Consents of the Environmental Planning and Assessment Act 1979, Modification Application No. MOD2018/0085 is recommended for approval subject to the original conditions as modified by this proposal.

 

DETERMINATION AND STATEMENT OF REASONS

67.         Statement of Reasons

 

1.   The proposed development is permissible within the zoning of the site under the Kogarah LEP 2012.

 

2.   The proposal is consistent with the objectives of the applicable environmental planning instruments, being Kogarah Local Environmental Plan 2012, and State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development.

 

3.   The proposed development is considered to be of an appropriate scale for the site and character of the locality, and will not adversely impact on the amenity of the surrounding residential area.

 

4.   In consideration of the aforementioned reasons, the proposed development is a suitable response to the site and its approval is in the public interest.   

 

68.         Determination

THAT pursuant to Section 4.55(2) of the Environmental Planning and Assessment Act, 1979, as amended, the Council approve Development Application MOD2018/0085 for Modification of Development Consent DA2016/0212 - to provide an additional one (1) bedroom apartment on the fourth level of a residential flat building at Lots 23 – 26 in DP 5452 and known as 27 - 33 Nielson Avenue, Carlton, in accordance with the following conditions:

 

SECTION A - General Conditions

 

The conditions that follow in this Section A of the Notice of Determination are general conditions which are imposed to ensure that the development is carried out in accordance with the development consent.

 

1.         Approved Plans of Consent

 

The development must be implemented in accordance with the approved plans, specifications and details listed below and any supporting information submitted with the Development Application except as amended by any conditions attached to the Development Consent:

 

(i)         Architectural plans- Prepared by Architecture and Building Works Project No PN-16005 Drawing numbers DA-0800 (J), DA-0900 (J), DA-1000 (M), DA-1100 (G), DA-1200 (G), DA-1300 (F), DA-1400 (H), DA-1500 (H), DA-2000 (F), DA-2100 (F), DA-2200 (F), DA-3000 (F), DA-3100 (D), DA-3200 (E) and DA-3300 (D) received by Council on 31 November 2017.

 

And as amended by architectural plans prepared by Architecture and Building Works, No. S96-1400, S96-1500, S96-2000, S96-2100, S96-2200, S96-3000, dated 19/06/18.

 

(This condition is modified as part of MOD2018/0085 (DA2016/0212))

 

(ii)        Landscape plans- Prepared by Isthmus- Drawing numbers ISO213DA1 and DA2 Issue D dated 10 October 2017

 

And as amended by landscape plan prepared by Isthmus, number ISO213DA2, dated 4.6.18.

 

(This condition is modified as part of MOD2018/0085 (DA2016/0212))

 

(iii)       Stormwater plans- Australian Consulting Engineers- Job No 1606380 Drawing numbers D00 (A), D01 (C), D02 (C), D03 (E), D05 (C), D06 (A), D07 (A),

 

SECTION B – Prior to the Issue of a Construction Certificate or Demolition Conditions

 

The conditions that follow in this Section B of the Notice of Determination relate to the payment of fees, amendments being made to the proposal, further investigation being undertaken or the preparation of documentation that must be complied with prior to the issue of a Construction Certificate or Demolition.

 

Note:  A copy of the Construction Certificate shall be forwarded to Council prior to commencement of construction where Council is not the certifier who issued the Construction Certificate.

 

2.         Asset & Building Fees

 

Payment of the following amounts as detailed below:

 

·    *Builders Long Service Levy of                                           $107,786.69

·    Driveway Design and Inspection Fee (Dwelling) of $ 1,000.00

·    Driveway and Restoration Works Design Inspection
Fee of                                                                                     $ 36,400.00

·    Asset Inspection Fee of                                                       $ 110.00

 

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

 

3.         Restoration Deposit

 

A deposit of $36,400.00 shall be lodged with Council to ensure the completion of the following works to be completed at the applicant's expense

 

·... Construction of 1.2 metre wide concrete footpath along Nielsen Avenue.

·    All associated road pavement restorations.

·    Installation of turf as required across full street frontage along Nielsen Avenue.

 

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

 

4.         Section 94 Index

 

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

 

5.         Section 94 Contributions

 

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

 

No.1 – Roads and Traffic Management – Residential

$   5,154.19

No.5 – Open Space 2007

$   331.977.04

No.9 – Kogarah Libraries – Buildings

$   7,412.58

No.9 – Kogarah Libraries – Books

$   5,285.03

TOTAL

$349,828.84

 

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

 

(This condition is modified as part of MOD2018/0085 (DA2016/0212))

 

6.         Dilapidation Report

 

Prior to issue of any construction certificate or commencement of any demolition or earth works on site, the applicant shall submit, for acceptance by the Principal Certifying Authority (PCA), with a copy forwarded to Council where Council is not the PCA, a full dilapidation report on the visible and structural condition of the following properties;

 

(i)      All neighbouring buildings likely to be affected by the excavation as determined by the consulting engineer.

 

The report must be completed by a suitably qualified consulting structural/ geotechnical engineer as determined necessary by that professional based on the excavations for the proposal, the subsoil conditions and any recommendations of a geotechnical report for the site. The report shall have regard to protecting the applicant from spurious claims for structural damage and shall be verified by all stakeholders as far as practicable.”

 

Reports relating to properties that refuse access to carry out inspections to complete the dilapidation report, after being given reasonable written notice to request access (at least 14 days) at a reasonable time (8.00am-6.00pm), are not to hold up the release of the Construction Certificate.

 

7.         Soil and Water Management

 

A Soil and Water Management Control Plan, incorporating contour levels and prepared in accordance with Environmental Site Management Policy shall be submitted to Council detailing all measures to control soil erosion and sedimentation runoff from the site during excavation and construction activities.

 

8.         SEPP No 65 Certification

 

A design verification statement from a qualified designer shall be submitted that verifying that the plans and specifications achieve the design quality of the development for which consent was granted having regard to the design quality principles of State Environmental Planning Policy No. 65.

 

9.         Adaptable Housing Compliance

 

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

 

10.       Ausgrid Sub Station

 

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

 

11.       Clearances to Overhead Mains

 

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

 

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

 

12.       Sydney Water (DA Only)

 

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

 

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

 

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

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

 

13.       Certification of Detailed Plan

 

The detailed stormwater plan is to be certified by a Chartered Professional Engineer.  A statement, that the stormwater system has been designed in accordance with Council’s Water Management Policy and satisfies the provisions and objectives of that policy, must be included in the Stormwater Detailed Plan.

 

14.       Stormwater Plan

 

The submitted stormwater plan has been assessed and approved as a concept plan only. No detailed assessment of the design has been undertaken. A Detailed Stormwater Plan and supporting information of the proposed on-site stormwater management system is to be submitted. The required details in this Plan and the relevant checklist are presented in the document ‘Water Management Policy. Kogarah Council. August 2006’

 

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

 

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

 

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

 

15.        Ingress Points

 

All possible ingress points such as vehicle entrances and exits, ventilation ducts, windows, light wells, lift shaft openings, risers and stairwells to the basement car parking levels are to be built at or protected up to the 1 in 100 year flood levels. The applicant will need to liaise with the flood consultant with respect to the required levels at each possible ingress location.

 

SECTION C – Prior to Commencement of Construction Conditions

 

The conditions that follow in this Section C of the Notice of Determination are specific to the proposed development and must be complied with prior to the commencement of construction on the site.

 

16.       Geotechnical Report

 

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site.  In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot.

 

No rock breaking or other machinery for the excavation, drilling, cutting or removal of rock shall be used on the site prior to the acceptance by the principal certifying authority of the following documentation:

 

(i)         A report by a geotechnical engineer detailing the measures recommended in undertaking the works so as to prevent damage to any adjoining or nearby buildings.

(ii)        The type and size of machinery proposed.

(iii)       The routes of all trucks to convey material to and from the site.

 

17.       On-Site Detention

 

A 49.6m3 On-Site Detention system with a Maximum Site Discharge of 25 Litres per Second is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow is to be directed to the site drainage system.

 

18.       Certification by Mechanical Engineer

 

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

 

a)   The Building Code of Australia;

b)   Australian Standard AS 1668 Part 1 - 1998;

c)   Australian Standard AS 1668 Part 2 - 2002;

d)   The Public Health Act 2010;

e)   The Public Health Regulation 2012;

f)    Australian Standard 3666.1 - 2002;

g)   Australian Standard 3666.2 - 2002;

h)   Australian Standard 3666.3 - 2000.

 

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

 

19.       Structural Engineer’s Details

 

Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns & other structural members.  The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works.

 

A copy shall be forwarded to Council where Council is not the PCA.

 

20.       Tree Protection

 

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

 

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

 

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

 

21.       Tree Retention – Arborist Report

 

            The trees identified for retention in the Arboricultural Development Assessment Report dated September 2016 by Paul Vegzoff of Moore Trees listed below shall be protected in accordance with the above report and the requirements of Section 4 - Australian Standard AS 4970-2009 - Protection of trees on development sites.

 

Tree Numbers

Location on site

TPZ

1,2,3, 9 -11 26 – 29, 30, 31

 

27 – 33 Nielsen Avenue, Carlton

Refer to Arborist report

 

22.       Protection of Site – Hoarding

 

A hoarding or fence must be erected between the work site and the public place if:

 

·    the work involved in the erection or demolition of a building is likely to cause obstruction or inconvenience to pedestrian or vehicular traffic in a public place; or

·    if it involves the enclosure of a public place.

 

If necessary an awning is to be erected which is sufficient to prevent any substance from or in connection with the work from falling into a public place.

 

Any such hoarding, fence or awning is to be removed when the work has been completed.

 

If the work site is likely to be hazardous to persons in a public place, it must be kept lit between sunset and sunrise.

 

23.       Ground Anchors

 

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

 

·    The appropriate Roads Act 1993 approvals shall be obtained.

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

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

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

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

 

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

 

24.       Driveway

 

In respect to vehicular access to the proposed development the gutter crossing and driveway are to be reconstructed between the kerb and street alignment to Council’s specifications.

 

In this regard a separate driveway application is to be lodged with Council for works outside the property boundary.  Furthermore the design boundary level is to be received from Council prior to construction of the internal driveway.

 

25.       Council Infrastructure Inspection

 

Prior to the commencement of any works an authorised representative of the applicant is to organise and attend a meeting on site with Council’s Infrastructure Compliance Co-ordinator to discuss protection of Council’s infrastructure. To organise this meeting contact Council’s Customer Service Centre on 9330 6400.

 

26.       Public Liability Insurance

 

All nominated contractors / applicants carrying out driveway and/or restoration works on Council property must carry public liability insurance with a minimum cover of twenty million dollars ($20,000,000.00). In this regard, prior to commencement of works, the principal contractor is to lodge an “Application for the Construction of Work by Private Contractor” to Council, which includes submitting evidence of their current insurance. The principal contractor must ensure that sub-contractors are also adequately insured.

 

27.       Soil Erosion Controls

      

Prior to commencement of any site works, erosion and sediment controls are to be installed in accordance with Environmental Site Management Policy and any approved Soil & Water Management Plan and shall incorporate:

 

·    Measures to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways;

 

·    Controls to prevent tracking of sand, soil, aggregates, etc, by vehicles onto adjoining roadways.

 

SECTION D – Construction and Operational Conditions

 

The conditions that follow in this Section D of the Notice of Determination are imposed to ensure the development is constructed and operates having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment during the construction phase or the operation of the use.

 

28.       Inspections - Multi Unit

 

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

 

(a)      at the commencement of building works

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

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

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

 

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

 

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

 

·          Erosion Control

·          Earthworks/Excavation

·          Building setout

·          Concrete reinforcement

·          Timber and/or steel framework

·          Mechanical/Hydraulic work

·          Driveways

·          Landscaping

·          External Finishes

 

29.       Storage of materials on Public Road

 

All building materials or waste containers must be stored within the confines of the site.  The storage of such building materials, waste containers or equipment associated with the project upon the public roadway, including the pedestrian footway or unpaved verge, is prohibited.

 

30.       Use of Crane on Public Road

 

Prior approval must be obtained from Council a minimum of 24 hours before the use on any site of a crane, hoist or similar machinery that will be used to transfer materials across Council’s footpath.  This includes cranes that are situated on roadways, footpaths and road reserves.

 

Any application for approval must be accompanied by the following information:-

 

·    Site sketch indicating the proposed location of the crane, pedestrian controls and traffic controls;

·    A copy of current public liability insurance with minimum cover of twenty million dollars ($20,000,000) indemnifying Council in the event of an incident;

·    A copy of an RMS accredited traffic control plan;

·    Proof that the local area command of the NSW Police have been advised of the proposal.

 

The use of a crane, hoist or similar machinery on any site without prior approval is prohibited.

 

31.       Building Height - Surveyors Certificate

 

The proposed building is not to be erected at a height greater than that indicated on the approved plan.  A certificate from a Registered Surveyor verifying the correct Reduced Level of the ground floor slab and boundary clearances shall be submitted prior to inspection of the steel reinforcement.

 

32.       Excavation of Site

 

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans.  All excess excavated material shall be removed from the site.  In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot (details are available from Council).

 

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

 

All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

 

If the soil conditions require it, retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil shall be provided and adequate provision shall be made for drainage.

 

33.       Stormwater to Kerb

 

Any stormwater connections to the kerb and gutter are to be in accordance with Council's 'Specification for Construction by Private Contractors'.

 

34.       Redundant Driveway

 

All existing vehicular crossings adjacent to the subject premises that have become redundant shall be removed and the footway and kerb and gutter reinstated at the developer/applicants expense.

 

35.       Work within Road Reserve

 

A Development Consent or any related Construction Certificate does not allow for the erection of a structure or to carry out work in, on or over a public road.  Should a structure or work be required a separate approval under S138 of the Road Act 1993 must be granted by Council prior to the commencement of any works within the road reserve. Applications may be made at Council’s Customer Service Centre.

 

36.       Damage within Road Reserve & Council Assets

 

The owner shall bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.  This may include works by Public Utility Authorities in the course of providing services to the site.

 

37.       Public Utility & Telecommunication Assets

 

The owner shall bear the cost of any relocation or modification required to any Public Utility Authority assets including telecommunication lines & cables and restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.

 

38.       Stormwater Drainage

 

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

 

39.       Garbage Room

 

The proposed garbage room being provided with the following:-

 

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

 

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

 

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

 

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

 

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

 

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

 

40.       Hours of Construction

 

Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.

 

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

 

Despite the general hours of construction above,

 

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

 

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

 

41A.   Use of the rooftop common area

 

The rooftop common area shall be vacated and not used between the hours of 10.00pm and 8.00am the following day.              

 

(This condition is added as part of MOD2018/0085 (DA2016/0212))

 

42.       Provision of Amenities

 

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site or as specified by Workcover requirements .

 

·    each toilet provided must be a standard flushing toilet and must be connected:

·    to a public sewer; or

·    if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council; or

·    if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

 

The provision of toilet facilities must be completed before any other work is commenced.

 

43.       Letter Boxes

 

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

 

44.       Oil/Silt Separator

 

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

 

45.       Car Wash

 

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

 

46.       Basix Certificate Details – DA Only

 

Construction of building works given Development Consent must be carried out in accordance with a valid and current BASIX certificate and all required commitments must be satisfied.

 

47.       Air Conditioning / Offensive Noise

 

Air conditioning plant and equipment shall be installed and operated so as to not create an offensive noise as defined under the Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Noise Control) Regulation 2008.

 

48.       Building Finishes

 

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

 

49.       Allocation of Car Parking Spaces

 

A minimum of 54 off street car parking spaces shall be constructed, drained, marked and maintained at all times in accordance with the approved plans.  These spaces shall be allocated as follows:

 

a)         45 are to be allocated to the residential units.

b)         9 are to be allocated as visitor parking spaces.

 

50.       Residential Car Parking Spaces

 

A minimum of one (1) unrestricted car parking space shall be allocated to each residential unit.

 

51.       OSD Markers

 

All on-site stormwater storages that experience permanent or temporary ponding shall be indicated on the site by fixing a marker plate.

 

52.       Visitor Parking

 

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

 

53.       Planting or Walls

 

Planting or walls adjacent the driveway near the boundary shall comply with the requirements of “AS/NZS 2890.1:2004 - Off Street Car Parking, Section 3.2.4(b)”.

 

54.       Works Zone

 

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

 

55.       Road Closure Application

 

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

 

56.       Tree Protection - Excavation

 

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

 

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

 

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

 

SECTION E – Prior to Occupation or Subdivision Certificate Conditions

 

The conditions that follow in this Section E of the Notice of Determination relate to conditions that ensure that the development is completed in accordance with the requirements of the Development Consent prior to the issue of either an Occupation Certificate or a Subdivision Certificate.

 

57.       Adaptable Housing Certification

 

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

 

58.       SEPP No 65 Certification

 

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

 

59.       Completion of Landscaping

 

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

 

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

 

60.       Consolidation of Lots

 

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

 

61.       Section 73 Compliance Certificate

 

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

 

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

 

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

 

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

 

62.       Stormwater Compliance Certificate

 

A Stormwater Compliance Certificate is to be obtained for the constructed on-site stormwater management systems in conjunction with the works-as-executed drawings and the final inspection. This Certificate is to be signed by an accredited hydraulic engineer (preferably be the original design consultant) and submitted to the Principal Certifying Authority. Copy of the standard Stormwater Compliance Certificate is shown in Council’s Water Management Policy.

 

If the proposed works involve Council owned stormwater infrastructure (or infrastructure to be owned by Council), then the applicant should organise inspection with Council and pay Council the appropriate inspection fee. Inspection is to be carried out at the following specified stages:

 

·          Prior to backfilling of pipelines trenches.

·          Prior to backfilling of drainage connection to pipeline or channels.

·          Prior to casting pits and other concrete structures including kerb and gutter, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

 

63.       Positive Covenant

 

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

 

64.       Maintenance Schedule

 

A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.

 

65.       Verification of Levels

 

For flood affected properties, a registered surveyor shall verify the levels of the design overland runoff path and finished floor levels to AHD and according the approved plans.

 

66.       Fire Safety Schedule

 

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

 

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

 

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

 

67.       BASIX Completion Receipt

 

In accordance with clause 154C of the Environmental Planning and Assessment Regulation 2000, prior to issuing a final occupation certificate the certifying authority must apply to the Director-General for a BASIX completion receipt.

 

SECTION F – Prescribed Conditions

 

The following are prescribed conditions of development consent pursuant to s.80A(11) of the Environmental Planning and Assessment Act 1979 and cl.98 of the Environmental Planning and Assessment Regulation 2000.

 

68.       Compliance with the Building Code of Australia

 

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

 

69.       Insurance Requirements under Home Building Act 1989

 

The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act, 1989.  This means that a contract of insurance must be in force in accordance with Part 6 of that Act before any building work authorised to be carried out by the consent commences.

 

It is the responsibility of the builder or person who is to do the work to satisfy Council that they have complied with the applicable requirements of Part 6 of the Home Building Act, 1989.

 

If Council is the Principal Certifying Authority it will not carry out any inspections until a copy of the insurance certificate is received.

 

70.       Erection of Signs

 

A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

 

(a)       showing the name, address and telephone number of the principal certifying authority for the work, and

(b)       showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(c)        stating that unauthorised entry to the work site is prohibited.

 

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

 

71.       Notification of Home Building Act 1989 Requirements

 

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

 

(a)       in the case of work for which a principal contractor is required to be appointed:

(i)      the name and licence number of the principal contractor, and

(ii)     the name of the insurer by which the work is insured under Part 6 of that Act,

 

(b)       in the case of work to be done by an owner-builder:

(i)      the name of the owner-builder, and

(ii)     if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

 

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

 

72.       Shoring and Adequacy of Adjoining Property

 

If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

 

(a)       protect and support the adjoining premises from possible damage from the excavation, and

 

(b)       where necessary, underpin the adjoining premises to prevent any such damage.

 

The above condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

 

73.       Council Notification of Construction

 

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

 

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

 

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

 

·    appointed a Principal Certifying Authority (PCA),and

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

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

 

SECTION G – Demolition Conditions

 

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

 

74.       Demolition Conditions-Asbestos

 

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

 

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

 

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

 

Written notice is to include the following details:

·    Date the demolition will commence

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

 

Work must not commence prior to the nominated demolition date.

 

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

 

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

 

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

 

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

 

(f)         Demolition sites that involve the removal of asbestos must display a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ measuring not less than 400mm x 300mm is to be erected in a prominent visible position on the site to the satisfaction of Council’s officers. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos has been removed from the site to an approved waste facility.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(r)        A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

 

(a)       showing the name, address and telephone number of the principal certifying authority for the work, and

(b)       showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(c)        stating that unauthorised entry to the work site is prohibited.

 

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed

 

END CONDITIONS

 

NOTES/ADVICES

 

1.  Review of Determination

 

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

 

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

 

2.  Appeal Rights

 

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

 

3.  Lapsing of Consent

 

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

 

4.  Worksite Safety

 

It is usually the owner/applicant’s responsibility to ensure that the development site is a safe working environment.  This may be by the engagement of an appropriately competent principal contractor.  There are various legislative and WorkCover requirements with respect to maintaining a safe work-site.  Details of these requirements and legislation, as well as, guidance and advisory material, can be found on the WorkCover Website www.workcover.nsw.gov.au.

 

5.  Worksite Safety Scaffolding

 

Council is committed to worksite safety and requiring that all scaffolding is installed by competent and qualified professionals with the relative appropriate standards.  The applicable Australian Standards for the scaffolding is AS/NZS1576 in respect of the design of the scaffolding and AS/NZS4576 with respect to the erection of the scaffolding.  Also, you should ensure that those erecting scaffolding are appropriately qualified and have the appropriate qualifications to erect scaffolding.  For further information regarding this please see www.workcover.nsw.gov.au.

 

6.  Kid Safe NSW

 

Kidsafe NSW has produced Safer Homes for Children Design and Construction Guidelines for builders, renovators and home owners.  The guidelines identify common hazards for children and recommended practical design applications to improve child safety for all areas of the home.  Free copies of the Guidelines are available from Council’s Customer Service Centre, or contact Kidsafe on (02) 9845 0890 or their website http://www.kidsafensw.org/homesafety/index.htm for more information.

 

7.  Dial Before You Dig

 

Underground pipes and cables may exist in the area.  In your own interest and for safety, telephone 1100 before excavation or erection of structures.  Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.

 

8.  Disability Discrimination Act

 

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

 

9.  Demolition Waste

 

Sorting your construction and demolition waste will save you money.  For pricing and disposal options for sorted loads of tiles, bricks, timber concrete or asphalt call Waste Service NSW on 1300 651 116.

 

10.  Property Address

 

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

 

11.  Stormwater

 

The Flood Planning Level (FPL) of Lot 23 of DP5452 is identified at RL 23.11m (AHD). The Flood Planning Level (FPL) of Lot 24 of DP5452 is identified at RL 23.84m (AHD). Lots 25 and 26 of DP5452 are affected by the Probable Maximum Flood (PMF) but not the 1 in 100 year flood. The development has been approved with a Finished Floor Level upon submission and review of the document 27-33 Nielsen Avenue – Flood Level Summary by Cardno dated 9 June 2017.

 

 

ATTACHMENTS

Attachment 1

North West Elevation - 27-33 Nielsen Ave Carlton

Attachment 2

Roof Plan - 27-33 Nielsen Ave Carlton

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP059-18              27-33 Nielsen Avenue Carlton

[Appendix 1]           North West Elevation - 27-33 Nielsen Ave Carlton

 

 

Page 199

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP059-18              27-33 Nielsen Avenue Carlton

[Appendix 2]           Roof Plan - 27-33 Nielsen Ave Carlton

 

 

Page 200

 


Georges River Council – Local Planning Panel   Tuesday, 11 December  2018

Page 203

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Tuesday, 11 December 2018

 

LPP Report No

LPP060-18

Development Application No

DA2018/0111

Site Address & Ward Locality

37 Junction Road Beverly Hills

Hurstville Ward

Proposed Development

Demolition of existing dwelling and construction of an attached dual occupancy development including landscaping, fencing and site works

Owners

Katherine Dennis

Applicant

Cornerstone Design

Planner/Architect

Cornerstone Design

Date Of Lodgement

26/03/2018

Submissions

1

Cost of Works

$898,700.00

Local Planning Panel Criteria

Request for the Panel’s opinion on the merits of the application given the undersized lot width

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

Hurstville Local Environmental Plan 2012, Hurstville Development Control Plan No 1 - LGA Wide,

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 - Remediation of Land,

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

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

Architectural Plans

 

 

 

Report prepared by

Development Assessment Planner

 

 

Recommendation

To provide Council with an opinion on the merits of the application given the lot width is below the minimum of 15m as required by Council’s Development Control Plan.

 

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)?

 

No

Conditions

Have draft conditions been provided to the applicant for comment?

 

No – standard conditions imposed

 

Site Plan

Subject site outlined in Red

 

Executive Summary

 

Proposal

1.           Demolition of existing dwelling and construction of an attached dual occupancy development including landscaping, fencing and site works. Specifically the development includes:

 

·   Each dwelling contains an entry, sitting, bathroom, kitchen, laundry, dining, living, detached terrace, 4 bedrooms, master with ensuite and walk in robe, bathroom, balcony and 2 parking spaces.

 

·   The roof contains motorized clerestory windows to facilitate increased light penetration into the centre of the buildings.

 

·   The stormwater will be drained to Junction Road.

 

·   The proposal also involves a new driveway for each dwelling centrally located within the frontage and 

 

·   Landscaping of the front and rear of the dwellings including the planting of two (2) street trees to the eastern and western sides of the site frontage. 

 

Site and Locality

2.           The subject site is located at 37 Junction Road Beverly Hills, and is formally known as Lot 12 in DP20299.

 

3.           The area of the site is 668.9sqm, the length is 45.72m, and the width is 14.63m.

 

4.           The site has a north south orientation with the land falling approximately 1.1m to Junction Road.

 

Zoning and Permissibility

5.           The subject site is zoned R2 Residential and dual occupancies are a permissible form of development with Council’s consent. 

 

Submissions

6.           The original DA plans were notified in accordance with Council’s requirements under Hurstville Development Control Plan No 1 on 12 April 2018 to 27 April 2018 where adjoining property owners were notified in writing of the proposal and invited to comment.

 

7.           A total of one (1) submission was received objecting to the proposal.

 

Level of Determination

8.           The DA is referred to the Local Planning Panel for consideration and the Panel’s opinion on the merits of this application, as the application is proposed on a lot with a width of 14.63m when a minimum of 15m is required.

 

Conclusion

9.           That the Panel consider the application with respect to the relevant applicable planning controls, and provide Council with an opinion on the merits of the application given the lot width is below the minimum of 15m as required by Council’s Development Control Plan, 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 Development Application No. DA2018/0111.

 

Report in Full

 

Proposal

10.         Demolition of existing dwelling and construction of an attached dual occupancy development including landscaping, fencing and site works. Specifically the development includes:

 

·   Each dwelling contains an entry, sitting, bathroom, kitchen, laundry, dining, living, detached terrace, 4 bedrooms, master with ensuite and walk in robe, bathroom, balcony and 2 parking spaces.

 

·   The roof contains motorized clerestory windows to facilitate increased light penetration into the centre of the buildings.

 

·   The stormwater will be drained to Junction Road.

 

·   The proposal also involves a new driveway for each dwelling centrally located within the frontage and

 

·   Landscaping of the front and rear of the dwellings including the planting of two (2) street trees to the eastern and western sides of the site frontage. 

 

11.         The following is a plan of the proposed development.

 

Plan of proposed development

 

Photo Montage of the Proposed Development supplied by the Applicant

 

Site and Locality

12.         The subject site is located at 37 Junction Road Beverly Hills, and is formally known as Lot 12 in DP20299.

 

13.         The area of the site is 668.9sqm, the length is 45.72m, and the width is 14.63m.

 

14.         The site has a north south orientation with the land falling approximately 1.1m to Junction Road.

 

15.         The immediate vicinity of the subject site is shown in the following photo:

 

View of the site from Junction Road, Beverly Hills

 

Applicable Planning Controls

16.         The applicable planning controls relevant to the proposal are contained within:

 

·    Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment (Deemed SEPP);

·    State Environmental Planning Policy No 55 - Remediation of Land;

·    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; and,

·    Hurstville Development Control Plan 2013.

 

Planning Assessment

17.         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. 

 

Hurstville LEP 2012

 

Zoning

18.         The site is zoned R2 Low Density Residential under the Hurstville Local Environmental Plan 2012 (HLEP 2012). The proposed development is permissible with development consent and satisfies the zone objectives as the proposal will provide for the housing needs of the community within a low density residential environment. Further, the proposal will not impact on the ability of other land within the local area to provide facilities or services to meet the day to day needs of residents.

 

19.         The following is the Hurstville LEP 2012 zoning map which illustrates the subject property.

 

Hurstville LEP 2012 Zoning Map – Land outlined in Red and Zoned R2

 

Relevant Planning Controls in Hurstville LEP 2012

20.         The extent to which the proposal complies with the relevant standards of Hurstville Local Environmental Plan 2012 is outlined in the table below.

 

Clause

Standards

Proposal

Complies

4.1A Minimum Lot Size for dual occupancies

630sqm

668.9sqm

Yes

4.3 Height of Buildings

9m

 

8.4m

Yes

4.4 Floor Space Ratio

0.6:1

 

0.587:1

Yes

6.7 Essential Services

-     supply of water and electricity

-     disposal and management of sewage

-     stormwater drainage or on-site conservation

-     suitable road and vehicular access

 

The site is located within an existing residential area serviced by water and sewerage services.

 

The proposal is supported by Council’s Drainage Engineer subject to conditions. 

 

The site has suitable road and vehicular access.

Yes

 

State Environmental Planning Policies

21.    The development is subject to a number of State Environmental Planning Policies, and compliance is outlined in the table below.

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment

Yes

State Environmental Planning Policy No 55 - Remediation of Land

Yes

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

Yes

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

Not directly relevant to the proposal

Draft State Environmental Planning Policy (Environment)

 

Relevant consideration but not pertinent to the assessment due to status of the draft

 

Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment (Deemed SEPP)

22.         The Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment (deemed SEPP) applies to subject land.

 

23.         The policy aims to maintain and improve the water quality and river flows of the Georges River and its tributaries and ensure that development is managed in a manner that is in keeping with the national, state, regional and local significance of the catchment.

 

24.         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 aforementioned deemed SEPP.

 

25.         It is noted that the Department of Planning and Environment (DPE) is seeking to consolidate this SEPP along with several others and include relevant provisions within a new draft policy that was recently exhibited referred to as the new Draft State Environmental Planning Policy (Environment). Further details in relation to the new draft SEPP are provided under the relevant heading below.

 

State Environmental Planning Policy No 55 - Remediation of Land (SEPP 55)

26.         SEPP 55 aims to promote the remediation of contaminated land in order to reduce the risk of harm to human health or any other aspect of the environment.

 

27.         Clause 7 requires contamination and remediation to be considered in determining a development application. The consent authority must not consent to the carrying out of development on land unless it has considered whether or not the land is contaminated.

 

28.         The site has a history of residential uses and as such, site contamination is not suspected. In this regard, no further assessment is warranted with regards to site contamination.

 

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

29.         Compliant BASIX Certificates, numbered 884170S (Dwelling 1) and 884189S (Dwelling 2) dated 12 February 2018 have been issued for the proposed development. Conditions of consent have been included to ensure the commitments required under the certificates will been satisfied with the proposed development.

 

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

30.         The Vegetation SEPP applies to land in the Sydney and Newcastle metropolitan areas, and all land that is zoned for urban purposes or environmental conservation/management under the Standard Instrument - Principal Local Environmental Plan.

 

31.         The SEPP applies to clearing of:

 

(a)  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

 

(b)  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).

 

32.         The proposal does not involve any clearing and as such, and the provisions within the Vegetation SEPP are not directly relevant to the proposal.

 

Draft Environmental Planning Instruments

33.         Draft State Environmental Planning Policy (Environment) (Environment SEPP)

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.

 

Development Control Plans

Hurstville Development Control Plan No. 1 - LGA Wide

34.         The development has been assessed against the requirements of Section 4 – Dual Occupancy Development in Hurstville DCP No. 1, as indicated in the following table.

 

Applicable DCP Controls

DCP Provisions

Complies

Site Width

15m

No, 14.63m. Refer discussion below.

Setbacks

Front:

5.5m

 

Yes, 5.5m

 

Rear:

7m (ground)

 

9m (first)

 

Yes, 11m

 

Yes, 17.5m

 

Side:

900mm minimum (ground)

 

1.2 minimum (first)

 

Yes, 1200mm

 

Yes, 1200mm

Solar Access

3 hours of sunlight on windows of main living areas and private open space of adjoining properties between 9.00am and 3.00pm on 22 June

The site has a northerly aspect, and the shadow diagrams show that there is no adverse overshadowing.

 

Vehicular access and parking

 

-     1 dwelling and 1 driveway

-     300mm recess into façade

-     Driveway width 3m - 6m

-     Driveways 1.5m side boundary

-     Shared gutter crossing

Yes, subject to a condition that the driveway is shared at the gutter.

Streetscape

The proposal is to enhance the streetscape in terms of proportions, materials, colours, and textures

The front façade contains entry features and balconies to articulate its appearance, and is not symmetrical as there are timber blades on the first floor. The proposed colour scheme uses complementary colours, and the finishes are varied, which are acceptable.

Fencing

Fencing is to provide privacy, passive surveillance, and contribute to the streetscape

The proposed fence is 1.36m which is acceptable as it complements the style of the building, provides security and surveillance, and does not obstruct sight lines for vehicles.

Amount of Landscaping / Deep Spoil

 

20% of site

Yes, 27.6%

Open space

-     ground level

-     minimum dimensions 4m x 5m

-     not steeper than 1 in 20

-     accessed from living room

Yes

Stormwater drainage

 

Stormwater drainage is to provide for the functional  and efficient mitigation of stormwater impacts, does not adversely impact adjoining properties, and does not detract from the streetscape

The DA was referred to Council’s Drainage Engineer who advised that the proposal is acceptable subject to conditions.

 

Site Utilities

- electricity and phone lines

- garbage storage and not visible from street

- general storage 6 cubic meters

- mail box

- outdoor clothes drying

 

- garbage storage areas are shown on the Landscape Plan behind the side gates

- general storage is located underneath the internal stairs

- a condition of consent is required regarding mail boxes

- outdoor clothes drying is provided in the rear yards.

 

35.         The proposed development has some areas of non-compliance with DCP 2013, which are discussed as follows.

 

Site Width

36.         The site width is 14.63m which does not comply with the minimum requirement of 15m. However it is considered to be acceptable in the case as the proposal complies with other built form controls of the HLEP and HDCP, and there will be no adverse amenity impacts, subject to a condition of consent regarding screening of the rear first floor balconies. 

 

37.         In addition to the above, it is noted that the extent of the non-compliance is numerically very minor, being 370mm or approximately 4% below the required 15m width requirement.

 

38.         Further, it is noted that there has been a dual occupancy development approved at the immediately adjoining property to the west (35 Junction Road), which also had a non-compliance with the allotment width requirement. At that property, the allotment width (pre-development) was 14.93m which also failed to comply with the DCP requirement of 15m.

 

39.         A streetscape elevation is provided below which shows the proposed development at 37 Junction Road and the adjoining approved development at 35 Junction Road.

 

Streetscape elevation showing the proposed development 37 Junction Road and the approved development 35 Junction Road, Source: Applicant’s Architectural Drawings

 

40.         Although the extent of the non-compliance in this instance is slightly greater (14.63m), it is considered that the development is reasonable, as it fully complies with the DCP control in all other aspects and there will be no adverse impact on neighbouring properties.

 

41.         Overall, the proposal is considered to be acceptable despite the DCP non-compliance in terms of allotment width.

 

Privacy and Balconies

42.         The proposal includes first floor balconies at the front and rear of the dwellings. The elevations show that there are frosted glass privacy screens on the sides of the rear balconies, having height of 1600mm from the finished floor level.

 

43.         The east elevation below shows the subject balcony circled in red.

 

 

44.         It is recommended that a condition is imposed that the height of the screens is increased to 1800mm to prevent overlooking into adjoining properties, and that the screening applies to the whole outer side of the rear balconies (i.e. not only where the arrow is shown).

 

45.         The proposed rear first floor balconies are about 4.8m in depth which does not comply with the 2m maximum control. The balconies are considered to be acceptable in this case as they are setback from the ground floor rear building line of the adjoining building to the west, and the condition recommended above will prevent overlooking of the open space between the buildings located at 39 Junction Road Beverly Hills.

 

46.         The living rooms are located on the ground floor and bedrooms are located on the first floor. The boundary fence will provide a screen between living rooms of the proposed dwelling 1 and the living room of 35 Junction Road. The window of the proposed sitting room does not directly face living room windows of 35 Junction Road. 

 

Section 7.11 Contributions

47.         The proposed development requires the payment of developer contributions under Section 7.11 of the Environmental Planning and Assessment Act 1979. An appropriate condition of consent is contained in the recommendation below.

 

IMPACTS

 

Natural Environment

48.         The proposed development will not result in any significant adverse impacts to the natural environment. It is noted that no vegetation is proposed to be removed.

 

49.         A landscape plan prepared by a landscape architect has been submitted with the application. The plan shows that suitable planting will be introduced.

 

Built Environment

50.         The proposal is not considered to have any adverse impacts on the built environment. It complies with all key controls and will achieve a built form that is consistent with the applicable planning framework and the surrounding built form.

 

Social Impact

51.         The proposal will not give rise to adverse social impacts. It provides for the addition of one (1) dwelling within the Georges River LGA on the lot. As such, the development will provide more housing choice to meet the needs of the community, which is considered to be beneficial in terms of social impacts.

 

Economic Impact

52.         The proposed development is not considered to generate any adverse economic impacts.

 

Suitability of the Site

53.         The proposed development is of a scale and design that is suitable for the site having regard to its size, shape, topography, vegetation and relationship to adjoining developments. This is evidenced by the development’s ability to achieve a high level of compliance with the relevant planning controls.

 

SUBMISSIONS

54.         The original DA plans were notified in accordance with Council’s requirements under Hurstville Development Control Plan No. 1 on 12 April 2018 to 27 April 2018 where adjoining property owners were notified in writing of the proposal and invited to comment.

 

55.         A total of one (1) submission has been received in relation to this DA. The submission has been summarised and discussed below.

 

56.         Privacy

The height of the privacy screen should be increased to 1800mm.

 

57.         Officer Comment: Agreed, it is recommended that the privacy screens are increased to 1800mm as discussed in above in the assessment of the HDCP.

 

58.         The development is suitable in this regard. 

 

REFERRALS

59.         The DA has been referred to officers within Council for comment, as discussed below.

 

60.         Drainage Engineer

Has considered the proposal in terms of stormwater disposal and raised no objection subject to imposition of appropriate conditions of consent.

 

61.         Consultant Arborist

Has considered the proposal in terms of compliance with Council’s planning controls, and advised that the proposal is satisfactory subject to conditions of consent.

 

CONCLUSION

62.         The application has been assessed against having regard to the matters of consideration listed in Section 4.15 of the Environmental Planning and Assessment Act 1979, including the provisions of any environmental planning instrument, any proposed instrument and any development control plan.

 

63.         The application seeks approval for demolition of existing structures and construction of an attached two storey dual occupancy building.

 

64.         The likely impacts of the development, along with the suitability of the site, any submissions made in relation to the proposal and the public interest have been evaluated.

 

65.         The proposed development is generally consistent with all relevant requirements and the application is recommended for approval, subject to suitable conditions of development consent.

 

66.         The main non-compliance with the planning controls in Hurstville LEP 2012 and DCP No 1 relates to the allotment width (15m required, 14.63m proposed). Apart from this allotment width control, there are no other areas of non-compliance with the planning controls, except for those relating to privacy and balconies, and this matter is to be addressed via conditions of consent.

 

67.         The development is considered to be suitable for approval subject to conditions. It is noted that the allotment width requirement in Hurstville DCP No 1 is a fundamental control for dual occupancy development, and so it is considered to be prudent to seek a professional opinion from the Local Planning Panel of the merits of granting approval to this development that seeks a minor (370mm or 4%) variation to the allotment width control.

 

68.         DETERMINATION AND STATEMENT OF REASONS

 

Statement of Reasons

·    The proposed development is considered to be an appropriate scale and form for the site and the character of the locality;

·    The proposed development, subject to the recommended conditions, will have no unacceptable adverse impacts upon the natural or built environments;

·    In consideration of the aforementioned reasons, the proposed development is a suitable and planned use of the site and its approval is in the public interest.

 

Determination

69.         It is requested that the Panel consider the application with respect to the relevant applicable planning controls, and provide Council with an opinion on the merits of the application given the lot width is below the minimum of 15m as required by Council’s Development Control Plan, 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 Development Application No. DA2018/0111.

 

70.         A list of applicable conditions of consent for this type of development is provided below.

 

SECTION A – GENERAL CONDITIONS

 

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

Streetscape Elevation

DA01

2.12.17

A

Cornerstone Design

Site / Ground Floor Plan and First Floor Plan

DA02

2.12.17

A

Cornerstone Design

Roof Plan, Section A-A and Driveway Profiles

DA03

2.12.17

A

Cornerstone Design

Elevations

DA04

2.12.17

A

Cornerstone Design

Schedule of Finishes

-

-

-

-

Landscape Plan

17-3628 LO1

6.12.17

-

Zenith Landscape Design Pty Ltd

Stormwater Drainage

1869 – S1/2

30.11.17

A

John Romanous and Associates

Stormwater Drainage

1869 – S2/2

30.11.17

A

John Romanous and Associates

 

Section B        Separate Approvals Required Under Other Legislation

 

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 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath) 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 (eg Opening the road for the purpose of connections to utility providers);

 

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

 

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

 

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

 

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

 

4.         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

 

5.         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.

 

6.         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.

 

7.         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

 

8.         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

Driveway Design and Inspection Fee (Dwelling)

$ 546.00

DEVELOPMENT CONTRIBUTIONS

 

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

$ 2,478.00

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

$ 17,522.00

 

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.

 

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

 

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

 

(a) 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

 

(b) 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

 

(c) Submit to Council, before the commencement of work, a photographic record of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal.

 

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

 

11.       Required design changes - The following changes are required to be made and shown on the Construction Certificate plans:

 

Hydraulic Plan

The submitted concept hydraulic plan shall be amended to contain the point of discharge to directly in front of the subject development site.

Privacy Screen

The privacy screens located on all outer sides of the first floor rear balconies shall be increased to a minimum height of 1.8m high from the finished floor level of the balconies and comprise of a material that cannot be seen through, such as translucent glazing. 

Driveway width

The vehicular access driveways are to be combined so that the width at the gutter to be no more than 3m.  Any front fence or gate opening adjustments required as a result of this reduction must be illustrated on the plans lodged with the application for the Construction Certificate.

Encroachment of structures

No part of any structure (including gutters and eaves) may encroach or overhang any property boundary.

Front fence encroachment

No part of the front fence, including any footings or support work is permitted to encroach on Council’s public footway.

Front fence opening

The front fence vehicular access gate must not open onto Council’s public footway.  The access gate is to open inwards onto private property.

Mail Boxes

Suitably designed and located mail boxes are to be provided for each dwelling in the front fence.

 

12.       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 Council's kerb and gutter directly in front of the 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.

 

13.       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.

 

14.       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.

(c) 

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.

 

15.       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 (1987) and Council's drainage guidelines contained in Appendix 2 of the Georges River Council’s Hurstville Development Control Plan 1.

 

16.       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.

 

17.       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).

 

18.       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.

 

19.       Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Zenith Landscape Designs, reference numbers – 17 – 3628 LO1. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following –

 

The two trees nominated to be planted on the Councils nature strip shall be planted within the backyards of the proposed dwellings. Four (4) trees in total shall be planted upon the subject site

 

General Landscape Requirements

 

a)   The proposed plant species, pot/ bag size and quantities of plants shall be in accordance with the proposed plant schedule upon the landscape plan. If plant species, pot/ bag size and quantities cannot be sourced, Council shall be contacted for alternatives.

 

 

20.       Tree Protection and Retention - The following trees shall be retained and protected:

 

Tree Species

Location of Tree / Tree No.

Tree Protection Zone (metres)

Pittosporum tenuifolium

39 Junction Rd, backyard, side fence

3.0m

 

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 – Pittosporum tenuifolium within 39 Junction Rd

(h)  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.

(i)   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.

(j)   Tree Protection Zone around the trees to be retained (Pittosporum – Neighbours trees) 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.

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

 

Removal or pruning of any other tree (that would require consent of Council) on the site is not approved. All pruning must be undertaken by a qualified Arborist in accordance with AS4373 -2007 Pruning of Amenity Trees and Amenity Tree Industry, Code of Practice (SafeWork NSW August 1998).

 

21.       Tree Removal & Replacement - Tree removal - Permission is granted for the removal of the following trees:

 

Tree Species

Number of trees

Location

Leptospermum spp

X 1

Front yard, side boundary

 

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 and plant 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.

 

Street Tree Replacement by Council

 

Fee Type – Tree removal on public land

Amount

Administration Fee for Tree Removal

na

Replacement Tree Fee (per Tree) x 2

$185.40 each tree

Cost of tree removal

To be determined

Cost of Stump Grinding

To be determined

 

Tree Replacement within subject site

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.

 

Tree Species

Number of trees

Location

Pot Size

As per landscape plan provided by Zenith Landscape Designs, 4 x trees

 

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.

 

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

 

22.       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.

 

23.       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.

 

24.       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.

 

25.       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.

 

26.       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.

 

27.       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

 

28.       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.

 

29.       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.

 

30.       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.

 

31.       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 the kerb and gutter in Junction Road directly in front of the subject development site.

 

32.       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.

 

33.       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.

 

34.       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.

 

35.       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.

 

36.       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).

 

Section G        Prior to the issue of the Occupation Certificate

 

37.       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.

 

38.       Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate in accordance with approved landscape plans and specifications, drawn by Zenith Landscape Designs, reference numbers – 17 – 3628 LO1.                            

 

39.       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.

 

40.       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.

 

41.       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 (as applicable):

 

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

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

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

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

(e) The orifice size/s.        

 

42.       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.

(c)  Construct any new vehicle crossings required.

(d) Replace all redundant vehicle crossing laybacks with kerb and guttering, and replace redundant concrete with turf.

(e) A Section 73 (Sydney Water) Compliance Certificate for the Subdivision shall be issued and submitted to the PCA prior to the issue of the Occupation Certificate.

 

Work as Executed Plans prepared by a Chartered Professional Engineer or a Registered Surveyor when all the site engineering works are complete shall be submitted to the PCA prior to the issue of the Occupation Certificate

 

43.       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.

 

44.       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;

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

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

 

45.       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 (Ongoing)

 

46.       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.

 

47.       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.

 

48.       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

 

49.       Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued.

 

50.       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.

 

51.       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.

 

52.       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.

 

53.       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.

 

54.       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.

 

55.       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

 

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

 

57.       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.

 

58.       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.

 

59.       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.

 

60.       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.

 

61.       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.

 

END CONDITIONS

 

NOTES/ADVICES

 

62.       Review of Determination - Section 8.2 of the Environmental Planning and Assessment Act confers on an applicant who is dissatisfied with the determination of the application the right to lodge an application with Council for a review of such determination.  Any such review must however be completed within 6 months from its determination.  Should a review be contemplated sufficient time should be allowed for Council to undertake public notification and other processes involved in the review of the determination.

 

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

 

63.       Appeal Rights - Part 8 (Reviews and appeals) of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales.

 

64.       Lapsing of Consent - This consent will lapse unless the development is physically commenced within 5 years from the Date of Determination of this consent, in accordance with Section 4.53 of the Environmental Planning and Assessment Act 1979 as amended.

 

65.       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.

 

66.       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.

 

67.       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.

 

68.       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.

 

69.       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).

 

 

 

ATTACHMENTS

Attachment 1

Streetscape Elevations - 37 Junction Rd Beverly Hills

Attachment 2

Elevations - 37 Junction Rd Beverly Hills

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP060-18              37 Junction Road Beverly Hills

[Appendix 1]           Streetscape Elevations - 37 Junction Rd Beverly Hills

 

 

Page 232

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP060-18              37 Junction Road Beverly Hills

[Appendix 2]           Elevations - 37 Junction Rd Beverly Hills

 

 

Page 233

 


Georges River Council – Local Planning Panel   Tuesday, 11 December  2018

Page 235

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Tuesday, 11 December 2018

 

LPP Report No

LPP061-18

Development Application No

N/A

Site Address & Ward Locality

Delegation of Functions - Georges River Local Planning Panel to General Manager

SELECT A WARD

Proposed Development

Delegation of Functions from Georges River Local Planning Panel to General Manager for s4.55(1) and s4.55(1A) Applicatoins to Modify Development Consents under the Environmental Planning and Assessment Act 1979

 

 

Recommendation

THAT the Georges River Local Planning Panel delegate its consent authority functions under Section 2.20 (8) of the Environmental Planning and Assessment Act 1979 in relation to the determination of all modification applications, being made to Council under section 4.55 (1), 4.55(1A) and 4.56 applications under the Environmental Planning and Assessment Act 1979 to the General Manager of Georges River Council

 

Report

1.         Local Planning Panels in the Greater Sydney Region and Wollongong commenced operations from 1 March 2018

 

2.         Prior to the commencement of the Panels, the Minister for Planning issued a direction under section 9.1 of the Environmental Planning and Assessment Act 1979 which identifies the development applications that are to be determined by Local Planning Panels on behalf of councils in the Greater Sydney Region and Wollongong. The referral criteria for the Georges River Council are identified in Schedule 3 of the Direction. The Ministerial Direction can be found in Attachment 1.

 

3.         Primarily the referral criteria for development applications to the Georges River Local Planning Panel are triggered when:

 

·     Conflict of interest arise

·     The proposal is contentious

·     There is departure from development standards by more than 10%

·     The proposal is a sensitive land use / development

 

4.         It is noted that the Minsters Direction under section 9.1 – stipulates the type of Development Applications to be considered. It also contains a note that states that 'Councils can make arrangements for the determination of applications for the modification of development consents by either the Local Planning Panel or Council staff'.

 

5.         On 29 June 2018 the Environmental Planning and Assessment Regulation 2000 was amended to enable Council staff to determine Modification Applications under section 4.55(1) and 4.55(1A) of the Environmental Planning and Assessment Act 1979 that were previously required to be considered by Regional Planning Panels. The provision now stipulates:

 

“123BA  Functions exercisable by council on behalf of regional panel

 

The following consent authority functions of a Sydney district or regional planning panel are prescribed under section 4.7 (2) (h) of the Act as functions to be exercised on behalf of a panel by the council of the area concerned:

 

(a)  the determination of applications to modify a development consent under section 4.55 (1) of the Act,

(b)  the determination of applications to modify a development consent under section 4.55 (1A) of the Act.”

 

6.         Due to the detail contained in the section 9.1 Direction and the recent amendments to the Regulations, it is requested the Local Planning Panel delegate its consent authority functions under Section 2.20 (8) of the Environmental Planning and Assessment Act 1979 in relation to the determination of all modification applications, being made to Council under section 4.55 (1), 4.55(1A) and 4.56 of the Environmental Planning and Assessment Act 1979 to the General Manager in order to:

 

a.   Enable to the efficient resolution of Modifications involving minor error, mis-description or miscalculation or those involving minimal environmental impact;

b.   Provide clarity as to the relevant consent authority; and

c.   Have consistency in approach between Regional and Local Planning Panels.

 

RECOMMENDATION

THAT the Georges River Local Planning Panel delegate its consent authority functions under Section 2.20 (8) of the Environmental Planning and Assessment Act 1979 in relation to the determination of all modification applications, being made to Council under section 4.55 (1), 4.55(1A) and 4.56 applications under the Environmental Planning and Assessment Act 1979 to the General Manager of Georges River Council

 

ATTACHMENTS

Attachment 1

Local Planning Panels direction - Development Applications - Schedules 1 - 3 - 2018-02-23

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 11 December 2018

LPP061-18              Delegation of Functions - Georges River Local Planning Panel to General Manager

[Appendix 1]           Local Planning Panels direction - Development Applications - Schedules 1 - 3 - 2018-02-23

 

 

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