AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Thursday, 13 December 2018

Time:

4.00pm

Venue:

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

Panel Members:

Adam Seton (Chairperson)

Michael Leavey (Expert Panel Member)

John Brockhoff (Expert Panel Member)

Annette Ruhotas (Community Representative)

Council Staff:

Meryl Bishop (Director Environment and Planning)

Ryan Cole (Manager Development and Building)

Nicole Askew (Coordinator Development Assessment)

Cathy Mercer (PA to Manager Development and Building)

Monica Wernej (Admin Assistant)

 

  

1. On Site Inspections - 1.00pm – 3.30pm

a)    1-5 James Street Blakehurst

b)    121 Belmore Road Peakhurst

c)    67 Millett Street Hurstville

 

 

 

 

Break - 3.30pm

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

Public Meeting Session Closed - 6.00pm

(Break – Light Supper served to Panel Members)


Georges River Council – Local Planning Panel   Thursday, 13 December  2018

Page 4

 

 

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

 

LPP062-18        121 Belmore Road Peakhurst – DA2018/0039

(Report by Development Assessment Officer)

LPP063-18        67 Millett Street Hurstville – DA2018/0057

(Report by Development Assessment Planner)

LPP064-18        1-5 James Street Blakehurst – DA2018/0217

(Report by Team Leader Development Assessment)

 

 

 

 

4. Confirmation of Minutes

 


 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 13 December 2018

 

LPP Report No

LPP062-18

Development Application No

DA2018/0039

Site Address & Ward Locality

121 Belmore Road Peakhurst

Peakhurst Ward

Proposed Development

Temporary relocation of Penshurst Public School (staff and students) to Peakhurst Public School for a period of approximately 2 years

Owners

The Department of Education New South Wales

Applicant

New South Wales Department of Education c/- Root Partnerships

Planner/Architect

Don Fox Planning (Planner)

Date Of Lodgement

12/02/2018

Submissions

Fourteen (14) submissions

Cost of Works

Nil – for a use only, no works

Local Planning Panel Criteria

Number of submissions exceeds 10

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

State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Educational and Childcare Facilities) 2017, State Environmental Planning Policy Infrastructure 2007

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

Statement of Environmental Effects,

Survey, Acoustic Report,

Traffic Reports,

Submissions

Report prepared by

Development Assessment Officer

 

 

Recommendation

That the application be granted deferred commencement approval in accordance with the conditions included in the 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?

 

Yes – the applicant has reviewed the conditions as they are a Crown Authority

 

Site Plan

Site outlined in Red

 

Executive Summary

 

Proposal

1.           The application seeks development consent for the use of an outdoor play area to accommodate demountable buildings for the temporary relocation of Penshurst Public School, being 35 staff and 450 students, to Peakhurst West Public School. The land is known as 121 Belmore Road, Peakhurst and the temporary intensification of the site is for a period of approximately 2 years, to facilitate the construction of the new school and associated facilities on the Penshurst Public School site.

 

The application has been submitted by the Crown being the NSW Department of Education, under Section 4.33 “Determination of Crown development applications’ of the Environment Planning and Assessment Act 1979 there are specific provisions relating to the determination of Crown development applications. It states:

 

(1) A consent authority (other than the Minister) must not:

 

(a) Refuse its consent to a Crown development application, except with the approval of the Minister, or

 

(b) Impose a condition on its consent to a Crown development application, except with the approval of the applicant or the Minister.

 

This has been taken into consideration as part of this assessment and the recommended conditions to be imposed have been provided to the NSW Department of Education and acceptance received.

 

Site and Locality

2.           The subject site is known as 121 Belmore Road, Peakhurst. The site is occupied by Peakhurst West Primary School which contains school buildings, car parking and an indoor swimming pool. Peakhurst West has three hundred and twenty (320) students and twenty-one (21) teaching staff.

 

The allotment has 3 frontages being Belmore Road, Henry Lawson Drive and Ogilvy Street. The development surrounding the subject site is largely R2 zoned land being a mixture of development types and scales, with the exception of local shops opposite to the north west of the site being zoned B1- Neighbourhood Centre.

 

Zoning and Permissibility

3.           The majority of subject site which contains the school is zoned SP2 – Infrastructure which accommodates an Education Establishment, which is defined in the Hurstville Local Environmental Plan 2012 as:

 

a building or place used for education (including teaching), being:

 

(a)  a school, or

 

(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.

 

The proposal satisfies part (a) of this definition and is permissible with consent.

 

A small parcel of site at the north-west corner is zoned B2 – Local Centre. This currently accommodates a pedestrian ramp which provides pedestrian access from south to north over Henry Lawson Drive. This parcel is physically separated from the remainder of the school via a fence. It is noted that the proposal does not seek any changes to this portion of the site in relation to use.

 

Submissions

4.           The application was notified on two (2) separate occasions in accordance with the provisions of the Hurstville Development Control Plan No 1. In response, fourteen (14) submissions were received from both notification periods. The relevant issues raised within the submissions have been addressed in detail within this report.

 

Conclusion

5.           That the application be approved as a deferred commencement determination subject to conditions contained within this report which have been reviewed and agreed by the NSW Department of Education and relate to traffic management, namely Council adopting the minutes of the Traffic Committee relating to street signage amendments to Arcadia which is the pick-up and drop off zone for the transportation of the children from Penshurst to Peakhurst West Public Schools and return. 

 

Report in Full

 

Proposal

6.           The application seeks development consent for the use of an outdoor play area to accommodate demountable buildings for the temporary relocation of Penshurst Public School, being 35 staff and 450 students, to Peakhurst West Public School. The land is known as 121 Belmore Road, Peakhurst and the temporary intensification of the site is for a period of approximately 2 years, to facilitate the construction of the new school and associated facilities on the Penshurst Public School site.

 

It is noted that the placement of the demountables and associated service provision are being undertaken via the Exempt provisions of State Environmental Planning Policy (Educational Establishments and Childcare Centres) 2017, which is not the subject of this proposal. For clarity relating to what the use of the space will accommodate is as follows:

 

·    Relocation of four-hundred and fifty (450) students and thirty-five (35) teaching/support staff from Penshurst Public School to Peakhurst West Public School;

·    Temporary use for the intensification of the site for a period of approximately two (2) years whilst Penshurst Public School is being redeveloped;

·    The incorporation of a bus service facilitating the movement of staff and students from the Penshurst Public School site to the Peakhurst West Public School site in the morning and services from Peakhurst West Public School to Penshurst Public School in the afternoon.

·    Peakhurst West Public School and Penshurst Public School are to operate as two separate schools within the site, however sharing the library and amenity facilities;

·    Modifications to the street signage and functioning of the street network in the following manner:

o The extension of the kiss and ride area within Ogilvy Street;

o Extension of the bus zone by approximately 15m in Belmore Road;

o Relocation of the kiss and ride area in Belmore Road to the opposite side of the road; and

o Staggered start and finish times.

 

During the consolidation of Penshurst Public School and Peakhurst West Public School a total of seven hundred and seventy (770) students and fifty six (56) staff will be located on site.

 

Site and Locality

7.           The subject site is legally described as:

 

Lot 9, 13 and 14 in DP 9801;

Lot 1 in DP 1222495;

Lots A, B, C D and E in DP 307025;

Lot A in 314612;

Lot X and Y in DP 389865; and

Lots 1000 and 1001 in DP 813558.

 

Collectively the lots are known as 121 Belmore Road, Peakhurst.

 

The site is irregular in shape with a combined site area of 3.02ha.

 

Peakhurst West Public School comprises of a mixture of classrooms, amenities, sporting facilities, indoor swimming pool and on site car park of twenty three (23) car spaces. Peakhurst West Public School presently accommodates three hundred and twenty (320) students and twenty one (21) staff.

 

Fig 2: Location of proposed demountable classrooms within the open space looking east towards Belmore Road prior to the installation of the demountables.

 

Fig 3: The demountable classrooms as placed on site, looking east towards Belmore Road.

 

Fig 4: The demountable classrooms as placed on site as looking north east towards Belmore Road.

 

Henry Lawson Drive adjoins the site to the north. Commercial shops being a neighbourhood centre are located opposite along Ogilvy Street north-west of the site.

 

The surrounding area is zoned R2 Low Density Residential which is characterised by of a mixture of dwelling houses, dual occupancies and multi dwelling housing of varying architectural styles and designs.  A childcare centre is also located at 45 Ogilvy Road to the west.

 

BACKGROUND

8.          

12 Feb 18                              Crown application lodged for the temporary relocation of Penshurst Public School (staff and students) to Peakhurst Public School for a period of approximately 2 years.

 

28 Feb – 16 Mar 18              Notification period.

 

4 – 20 Apr 18                        Re-notification period due to documentation not being viewable on Council’s website.

 

29 Jun 18                               Email from applicant’s planner clarifying that physical works which include; walking paths, gates, shed structures, amenities building, storage shed, short-term portable classroom, demolition, building internal alterations, fences and offices-portable.

 

23 Jul 18                                Detail of submissions forwarded to applicant.

 

25 Jul 18                                Draft conditions forwarded to applicant for review and comment.

 

7 Aug 18                                Email from applicant’s planner requesting additional time to provide additional traffic management plan with an estimated timeframe of four (4) weeks.

 

11 Sep 18                              Construction works for demountables occurring on site.

 

20 Sep 18                              Revised Traffic Management Plan provided by applicant’s planner.

 

10 Oct 018                             Email to applicant’s planner requesting further details of bus shuttle plan as the proposed pick up and drop off location has changed to Penshurst Aquatic Centre, Penshurst.

 

21 Oct 18                               Meeting with applicant and their representatives to discuss issues with the location of the pick-up and drop off location.

 

2 Nov 18                                 Further meeting with the applicant and their representatives to discuss issues of pick up and drop off location. 

 

5 Nov 18                                 Email to applicant requesting additional information regarding permissibility of use, contractual details and recommendations regarding traffic management associated with the use of the Aquatic Centre location.

 

16 Nov 18                              Additional traffic information provided which nominated a change in pick-up and drop off location reverting back to Arcadia Street Penshurst.

 

16 Nov 18                              A revised traffic management proposal was submitted and forwarded to Council’s Traffic Engineer who listed the matter for consideration by the Traffic Committee as the proposal is requesting changes to the street signage and parking provisions within Arcadia Street Penshurst.

 

6 Nov 18                                 The proposed street signage changes for Belmore Road and Ogilvy Street, Peakhurst were endorsed by the Traffic Committee.

 

26 Nov 18                              Endorsement of Traffic committee recommendations for Belmore Road and Ogilvy Street, Peakhurst by Council.

 

4 Dec 18                                The proposed street signage changes for Arcadia Street, Penshurst were endorsed by the Traffic Committee. It is acknowledged the minutes from the Traffic Committee will need to be adopted by Council; as a result this will be a deferred commencement condition.

 

4 Dec 18                                Revised Draft conditions forwarded to applicant for review and acceptance. Email of acceptance received.

 

Contextual Detail

9.           As previously outlined this application is seeking the temporary intensification of the Peakhurst West Public School site to accommodate students and teachers from the Penshurst Public School site for a period of up to 2 years, whilst the Penshurst site is being redeveloped.

 

This application initially gave consideration to the impacts and affections of this intensification on the Peakhurst site, with minimal regard to the impacts and logistics of the movement of staff and students from Penshurst to Peakhurst and return.

 

Council Officers requested this information from the applicant on various occasions; however the Department of Education maintained that this information was not relevant to this application, resulting in the detail not being forthcoming.

 

Council Officers continued to press the request for this information as the Officers were concerned that insufficient consideration had been given to the creation of a bus zone/hub in Penshurst in relation to the impacts on the road network, safety of the students and teachers in the transfer from one site to the other.

 

The concerns raised with the NSW Department of Education largely related to the following:

 

·    Location of the drop off and pick up zones for the Penshurst site;

·    Availability of cover during inclement weather at the Penshurst drop off and pick up zone;

·    The availability of sanitary facilities at the Penshurst drop off and pick up area;

·    The availability of a safe space to marshal the children whilst waiting for the buses to arrive;

·    A safe place for the parents to park and stand whilst dropping off and pick up children;

·    The frequency of the bus movements and a strategy for a child to get to school of they miss a bus.

·    The location of the bus drop off and pick up zone would potentially require changes to the street signage to facilitate the morning and afternoon drop off and pick of children and teachers which would require assessment by Council’s Traffic Engineers and the review of the proposal by the Local Traffic Committee and if supported the recommendations of the Traffic Committee would need to be endorsed by Council.

 

The NSW Department of Education remained reluctant to provide this information and advised that they would provide this information at a later time when the logistics were finalised , again remaining adamant that this was not a matter for consideration for the use application.

 

Following the above discussions and correspondence with the Planner engaged by the NSW Department of Education a revised Traffic Study prepared by PTC was received on 20 September 2018.

 

This Traffic Study altered the drop off and pick up location from Arcadia Street to Cambridge Street Penshurst where the NSE Department of Education were proposing to use the Hurstville Aquatic Centre as the location of the proposed bus drop off and pick up zone. In addition this traffic study also raised further concerns with the statement:

 

“The bus study, currently being undertaken by PTC, will provide a comprehensive assessment of the location’s benefits, constraints and other relevant considerations. As part of this study, the bus entry and exit from the Centre and associated traffic management measures, Centre access and parents vehicles, swept path testing, on-street capacity analysis, and impact if the local traffic will be considered.” 

 

This was the first time Council Assessing Officers were presented with this proposal. Concern was raised with various elements of this proposal, namely:

 

·    The bus study for this site had not been completed to ascertain if this option was viable;

·    Had land owners consent from Georges River Council been obtained;

·    The construction programme for the aquatic centre site and cricket centre would potentially prevent this proposal from proceeding;

·    The permissibility of the site aquatic centre site to facilitate this use.

 

During discussions with the NSW Department of Education consultants, Council Officers were informed that a commercial agreement has been signed between the NSW Department of Education and a Bus Company to operate the bus drop off and pick up zone from the aquatic centre site.

 

Council assessing officers were advised by Council’s Project Delivery Manager that the request to use Penshurst Park for the temporary school and the aquatic centre for the bus pick up and drop off zone was not supported prior to this application being lodged with Council.

 

Various meetings with the NSW Department of Education and their consultants were held in an attempt to discuss the issues of the Council Officer and attempt to reach an option that was acceptable to both parties to facilitate to movement of the application t a point where it could be put before the Georges River Local Planning Panel to facilitate an outcome before the commencement of term 1 2019.

 

Following these meetings and discussions with the applicant and their consultants, further information was submitted to Council on 16 November 2018 whereby the applicant advised the current Penshurst site, namely Arcadia Street would be the drop off and pick zones whilst the NSW Department of Education research an alternate suitable off site location.

 

In order to facilitate the number of buses require to transport the students and teachers from the Penshurst Site to the Peakhurst site and return, required street signage changes to Arcadia Street.

 

The changes to the street signage was reviewed by Council’s Traffic Engineers, who prepared a report for the Traffic Committee on 4 December 2018 recommending support of the changes. As part of the preparation of the report to the Traffic Committee, Council’s Traffic Engineers notified residents on 29 November 2018 that a report was being considered by the Local Traffic Committee on 4 December 2018. This report was seeking endorsement of the proposed changes to the street signage, to accommodate the drop off and pick up zones associated with the movement of children and staff from Arcadia Street Penshurst to Peakhurst West Public School and return, during the temporary relocation of the Penshurst Public School whilst the site is redeveloped.

 

The Traffic Committee endorsed these recommendations, with the recommendations to be reported to Council for adoption on 17 December 2018, this being the reason for a determination of Deferred Commencement, to enable the adoption of the minutes to facilitate the NSW Department of Education operating the Penshurst Public School from the Peakhurst West Public School site from the commencement of Term 1 2019.    

 

ZONING

10.         The majority of the subject site is zoned SP2 – Infrastructure: Educational Establishment with the exception of a parcel of land at the north-east corner which is zoned B2 – Local Centre (contains the pedestrian access to the bridge over Henry Lawson Drive) under the Hurstville Local Environmental Plan 2012. Refer to extract below;

 

Figure 5: Zoning map – site outlined in red

 

PLANNING ASSESSMENT

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

 

APPLICABLE PLANNING CONTROLS

12.        

·     State Environmental Planning Policy No 55 – Remediation of Land

·     State Environmental Planning Policy (Educational Establishments and Childcare Centres) 2017

·     State Environmental Planning Policy Infrastructure 2007

·     Sydney Regional Environmental Plan No 2 – Georges River Catchment

·     Draft Environmental State Environmental Planning Policy 2017

·     Hurstville Local Environmental Plan 2012

·     Hurstville Development Control Plan No 1

 

Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

13.         The proposal has been assessed in consideration with the relevant provisions of the Hurstville Local Environmental Plan 2012 within the table below.

 

Clause

Standard

Proposed

Complies

Part 1 Preliminary 1.2 Aims of Plan

Aims of plan to be satisfied

The proposal reasonably satisfies the aims of the plan.

Yes

Part 2 – Permitted or Prohibited Development

SP2 Educational Establishment

 

Objectives:

 

• To provide for infrastructure and related uses.

 

• To prevent development that is not compatible with or that may detract from the provision of infrastructure.

 

A notation on the LEP make references “educational establishment”.

An Educational Establishment forms a permissible use subject to development consent. The proposal meets the definition of educational establishment as defined within the HLEP. The proposal seeks the use of the grounds of the Peakhurst West Public School to accommodate the temporary relocation of Penshurst Public School for approximately 2 years whilst the site is being redeveloped.

Yes

Part 4 Development Standards

 

 

 

Clause 4.3 – Height of Building

(Map tile HOB_002)

There is no control.

No increase in height of the existing buildings (as the demountables are not proposed under this application, they are being placed on the site under the provisions of State Environmental Planning Policy (Educational Establishments and Childcare Centres) 2017.

Yes

Clause 4.4 – Floor Space Ratio

(Map tile FSR_002)

There is no control.

No increase in floor space as the demountables to accommodate the students are not proposed as part of this application, they are being placed on the site under the provisions State Environmental Planning Policy (Educational Establishments and Childcare Centres) 2017.

Yes

Part 5 – Miscellaneous Provisions

 

 

 

Clause 5.10 – Heritage Consideration

(Map tile HER_002)

Heritage Considerations to be satisfied

The subject site is not identified as a Heritage Item or within close proximity as a Heritage Item within Schedule 5 – Environmental Heritage

Yes

Clause 6.1 – Acid Sulphate Soils

(Map tile ASS_002)

Objectives of clause to ensure development does not disturb, expose or drain acid sulphate soils and cause environmental damage.

The site is not identified as being affected by Acid Sulphate Soils

Yes

Clause 5.12 – Infrastructure development and use of existing building of the Crown

 

Development consent is sought for the use of the outdoor play area for the accommodation of demountable buildings to facilitate the temporary relocation of Penshurst Public School.

Yes

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

State Environmental Planning Policy No 55 – Remediation of Land

14.         Council records indicate that the subject site has been historically used for an educational establishment. Council records indicate that there has been no history of potentially contaminating activities within the immediate vicinity of the site. In this regard, the considerations of the SEPP have been satisfied.

 

State Environmental Planning Policy (Educational Establishments and Childcare Centres) 2017

15.         The proposed use has been considered to be acceptable in relation to the Design Quality Principles.

 

Design Quality Principle

Principle

Comment

 

Principle 1 - Context, built form and landscape

·    Schools should be designed to respond to and enhance the positive qualities of their setting, landscape and heritage, including Aboriginal cultural heritage. The design and spatial organisation of buildings and the spaces between them should be informed by site conditions such as topography, orientation and climate.

 

·    Landscape should be integrated into the design of school developments to enhance on-site amenity, contribute to the streetscape and mitigate negative impacts on neighbouring sites.

 

·    School buildings and their grounds on land that is identified in or under a local environmental plan as a scenic protection area should be designed to recognise and protect the special visual qualities and natural environment of the area, and located and designed to minimise the development’s visual impact on those qualities and that natural environment.

The proposed use of the outdoor play area to accommodate demountable buildings to facilitate the temporary relocation of the Penshurst Public School. It is acknowledged although play area is being reduced, a reasonable area for play remains within the grounds of the site. The proposal is considered to satisfy this objective.

Principle 2 – Sustainable, efficient and durable

·    Good design combines positive environmental, social and economic outcomes. Schools and school buildings should be designed to minimise the consumption of energy, water and natural resources and reduce waste and encourage recycling.

 

·    Schools should be designed to be durable, resilient and adaptable, enabling them to evolve over time to meet future requirements

The application is seeking use only and no built form.

Principle 3 – Accessible and Inclusive

·    School buildings and their grounds should provide good wayfinding and be welcoming, accessible and inclusive to people with differing needs and capabilities.

 

·    Note: Wayfinding refers to information systems that guide people through a physical environment and enhance their understanding and experience of the space.

 

·    Schools should actively seek opportunities for their facilities to be shared with the community and cater for activities outside of school hours.

The application is seeking use only and no built form.

Principle 4 – Health and Safety

·    Good school development optimises health, safety and security within its boundaries and the surrounding public domain, and balances this with the need to create a welcoming and accessible environment

The application is seeking use only and no built form.

Principle 5 – Amenity

·    Schools should provide pleasant and engaging spaces that are accessible for a wide range of educational, informal and community activities, while also considering the amenity of adjacent development and the local neighbourhood.

 

·    Schools located near busy roads or near rail corridors should incorporate appropriate noise mitigation measures to ensure a high level of amenity for occupants.

 

·    Schools should include appropriate, efficient, stage and age appropriate indoor and outdoor learning and play spaces, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage and service areas.

The application is seeking use only and no built form.

Principle 6 —whole of life, flexible and adaptive

·    School design should consider future needs and take a whole-of-life-cycle approach underpinned by site wide strategic and spatial planning. Good design for schools should deliver high environmental performance, ease of adaptation and maximise multi-use facilities.

The application is seeking use only and no built form.

Principle 7—aesthetics

·    School buildings and their landscape setting should be aesthetically pleasing by achieving a built form that has good proportions and a balanced composition of elements. Schools should respond to positive elements from the site and surrounding neighbourhood and have a positive impact on the quality and character of a neighbourhood.

 

·    The built form should respond to the existing or desired future context, particularly, positive elements from the site and surrounding neighbourhood, and have a positive impact on the quality and sense of identity of the neighbourhood

The application is seeking use only and no built form.

 

It is noted that the proposal seeks development consent for the use of a portion of an existing school site; previously an outdoor play area to accommodate demountable buildings for approximately 2 years to accommodate Penshurst Public School which while the Penshurst site is being redeveloped.

 

The applicant has stated that the physical works carried out have been undertaken pursuant to Clause 38 and Schedule 1 of State Environmental Planning Policy (Educational Establishments and Childcare Centres) 2017 which provides the criteria for a development to addressed in order for development to be undertaken as Exempt Development.

 

16.         State Environmental Planning Policy – Infrastructure 2007

 

Clause

Standard

Proposed

Complies

Clause 102 Impact of Road Noise or Vibration on non-road Development

(1) This clause applies to development for any of the following purposes that is on land in or adjacent to the road corridor for a freeway, a tollway or a transitway or any other road with an annual average daily traffic volume of more than 20,000 vehicles (based on the traffic volume data published on the website of RMS) and that the consent authority considers is likely to be adversely affected by road noise or vibration:

(a)  residential accommodation,

(b)  a place of public worship,

(c)  a hospital,

(d)  an educational establishment or centre-based child care facility.

The proposal seeks development consent for an educational Establishment. Peakhurst West’s northern boundary adjoins Henry Lawson Drive, with a vegetation buffer existing across the northern boundary.

An acoustic report prepared by Day Design supports the proposal; however this is not specifically relevant to this proposal as there is no built form proposed.

 

Yes

 

(2)  Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines that are issued by the Secretary for the purposes of this clause and published in the Gazette.

Guidelines considered as part of assessment however it is noted that the application does seek development consent for any physical works.

 

 

Yes

Clause 104 – Traffic Generating Development

(1) – (3) Referral to Roads and Maritime Services.

The application was referred to Roads and Maritime Services as the proposal forms an educational establishment with 50 or more students which is supported.

Yes

 

Sydney Regional Environmental Plan No 2 – Georges River Catchment

17.         The proposal seeks development consent for the of outdoor play space to accommodate demountable building to facilitate the relocation of Penshurst Public School to this site whilst the Penshurst site is being redeveloped. No physical works are proposed as part of this application as a result there is no impact on stormwater management and control.

 

Draft Environmental Planning Instruments

18.         The Draft Environment State Environmental Planning Policy 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 (DCP)

19.         The proposal has been considered in accordance with the applicable planning controls as per below.

 

Clause

Standard

Proposed

Complies

Section 3 – General Planning Considerations

 

3.1 Vehicular Access, Parking and Manoeuvring

 

 

 

 

 

One (1) parking space per two employees

 

 

 

 

 

Peakhurst West Public School has 23 existing onsite car parking spaces for 21 teaching staff. The proposal will result in a total of 56 teaching staff.

 

28 car parking spaces are required.

 

 

 

 

 

No (1) - The proposal does not seek to provide additional staff parking.  The proposal results in a deficiency of five (5) car parking spaces.

 

(1) Car parking

Clause 3.1 Vehicular Access, Parking and Manoeuvring of Hurstville DCP prescribes a car parking rate of one (1) car parking space per two (2) staff. Twenty three (23) car parking spaces are located on site. The proposal (being the temporary intensification of the site) results in a shortfall of five (5) car parking spaces for staff.

 

It is acknowledged that this will result in an increased demand for street car parking to satisfy the deficiency. This shortfall and non-compliance is only due to the temporary intensification of the Peakhurst West Public School site whilst the redevelopment of the Penshurst Public School is being undertaken. Council’s Senior Traffic Engineer has assessed and commented that the car parking is deficient and that compliant car parking should be provided on site.

 

Comment: The shortfall of five (5) on site car parking spaces for staff is supported in this instance for the following reasons;

 

·    The application seeks development consent for use only. It is noted that the existing on site staff car park accommodating twenty three (23) car spaces are located on the western side of the site. This staff car park is accessed from Ogilvy Street.

 

Consideration has been given to the ability to facilitate the required car parking on site in a temporary form. This is unable to be accommodated as various parts of the site boundaries are a vehicular access denied. In addition, the present location of buildings within the school site and the functionality and serviceability of the amenities and facilities on site do not lend themselves to additional vehicle movements without compromising pedestrian safety.

 

There is another vehicular crossing along Ogilvy Street; however this cannot accommodate parking as it is the access point for services relating the deliveries and the storage and removal of waste.

 

·    The proposal is for the temporary use associated with an intensification of the site as an educational facility for a period of two (2) years. The shortfall of car parking is considered to be acceptable as the existing road network can accommodate the additional vehicle for this temporary time.

 

Whilst the Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No 1 do not specifically prescribe development controls for educational establishments, with the exception of car parking. A merit based assessment has been undertaken as referenced below relating to key planning considerations.

 

General Planning Consideration

Comment

Privacy

This application is for the temporary intensification of the site to accommodate Penshurst Public School whilst the site is being redeveloped. The application was accompanied by an indicative location plan of the demountable classrooms to show the intended layout of the school. These demountables are currently on site and were installed under the exempt provisions of State Environmental Planning Policy (Educational Establishments and Childcare Centres) 2017.

 

The demountables are being placed on the northern side of the site adjacent to Henry Lawson Drive; there is no residential development adjacent.

Crime Prevention Through Environmental Design

No physical works form part of this development application.

Noise

As previously addressed within this report, an acoustic report was commissioned, however it is not relevant to this application as this application is not seeking any physical works.

 

All other applicable relevant planning controls have been considered as part of this assessment. The proposal is considered to reasonably satisfy the underlying intent of the objectives and relevant controls.

 

SUBMISSION

20.         The application was notified on two (2) separate occasions to one hundred and twelve (112) neighbouring owners and occupiers. In response, fourteen (14) submissions were received during the period, the concerns raised have been addressed below.

 

Key concerns raised related to traffic and car parking impacts generated by the intensification of the educational establishment use.

 

Additional traffic demand, traffic impact, safety and congestion

 

Comment: Concerns raised within the submissions primarily related to traffic impacts, traffic generation, shortfall of car parking, cumulative car parking impacts generated by nearby residential intensification and childcare centre. It is considered that the car parking, given the temporary nature of the use as an educational establishment is satisfactory. Traffic is discussed in further detail later in this report.

 

It is also noted that the applicant has commented on the issues raised within the submissions in further detail within the Penshurst Public School Relocation Traffic Management Plan (revised traffic report).

 

Council’s Senior Traffic Engineer has supported changes to the road network signage around the school to facilitate the use sought, however the Traffic Engineer does not support the onsite car parking shortfall of five (5) staff car parking spaces.

 

Traffic impact on shops

 

Comment: Concerns were raised in relation to traffic impacts on nearby shops. Council’s Senior Traffic Engineer and Traffic Committee support the proposed on street signage changes to facilitate the temporary use as an educational establishment. The proposal is not considered to result in an unreasonable adverse impact given the temporary use sought.

 

Concerns relating to data collection utilised by traffic report

 

Comment: Concerns were raised in relation to the collection of traffic data used as this recorded one day of traffic within the traffic report prepared by TTM Group. A subsequent report was prepared by PTC Consultants which undertook a revised traffic study. The revised Traffic Study reports for Peakhurst West Public School and Penshurst Public School were reviewed by Council’s Senior Traffic Engineer of which incorporate details of the; shuttle bus service and changes to pick up and drop off.

 

Concerns were raised in relation to the data utilised within the acoustic report.

 

Comment: The acoustic report was commissioned, however this report is not relevant to this application as there is no built form proposed under this application.

 

Illegal car parking on and blocking driveways

 

Comment: Concerns raised relate to double car parking and blocking of residents driveways surrounding the school.  Instances where this occurs are considered to be an individual regulatory matter. Council may at a later date undertake an audit of regulatory operations to ensure compliance.

 

Concerns relating to notification

 

Comment: The proposal was notified on two (2) separate occasions in accordance with Hurstville Council’s Development Control Plan No 1. In total, fourteen (14) submissions were received. All submissions received during the original notification and re-notification period have been considered within this report.

 

IMPACTS

 

Natural Environment

21.         The proposal is considered to not result in an adverse impact on the natural environment given no physical works are proposed.

 

Built Environment

22.       The proposal is not considered to result in an adverse impact on the built environment given no physical works are proposed as part of this application.

 

Social and Economic Impact

23.         Given the temporary nature of the educational establishment use intensification, the proposed development will not result in any unreasonable adverse social and/or economic impacts within the locality.

 

Suitability of the Site

24.         It is considered that the proposal intensification of the educational facility for a temporary period nature is suitable for the subject site. An educational facility is a permissible use.

 

REFERRALS

 

Council referrals

 

Senior Traffic Engineer

25.         Upon initial review of the application, Council’s Senior Traffic Engineer had raised concerns regarding the shortfall in five (5) on-site car parking spaces for staff. Council’s Senior Traffic Engineer has commented

 

Planners comment: In response to the above, whilst the proposal results in a deficient by five (5) staff car parking spaces. The shortfall of car parking for staff is considered to be acceptable given this is a temporary intensification of the site.

 

Coordinator Traffic and Transport

26.         Upon initial review of the applications, discussions were held with Council’s Coordinator Traffic and Transport who commented that on-site car parking is preferred to be located on site to accommodate staff of Penshurst Public School. Given the circumstances of the application, it was discussed that appropriate traffic measures should be in place as ongoing conditions which will include;

 

o A traffic management plan with appropriate management of traffic and pedestrian movement at Peakhurst West Public School and Penshurst Public School,

o Employment of qualified traffic marshals,

o Staggering of bus pick up and drop off for shuttle buses,

 

Planning comment: A subsequent revised Traffic report was prepared for both the Peakhurst West Public School and Penshurst Public School which incorporated the above requirements.

 

Coordinator Environmental Health

27.         An acoustic report prepared by Day Design was provide with this application, however it is of no relevance as there is no built form proposed. However comments were obtained and Council’s Coordinator Environmental Health reviewed the report and supports its findings.

 

Coordinator Waste Services

28.         There is no built form proposed, however this application was referred and commended on by Council’s Coordinator Waste Services who advised waste and recycling collection are undertaken under State Government Contract.

 

External referrals

 

Roads and Maritime Service

29.         The proposal was referred to the Roads and Traffic Authority. In response, comments supporting the proposal were received dated 10 April 2018. The comments provided supported the proposal which related to the minimisation of traffic to the Henry Lawson Drive. It is noted that the proposal does not seek development consent for any physical works. The application seeks development consent for the use only.

 

Traffic Committee

30.         As the proposal sought changes to on street signage at the Peakhurst West Public School, Peakhurst (site) and Penshurst Public School, Penshurst (shuttle bus hub). The proposal was referred to the Traffic committee for consideration and adoption.

 

The recommendation to the committee relating to the Peakhurst West site by Council’s Senior Traffic Engineer, which was adopted by the Traffic Committee on 2 November 2018 was as follows;

 

TAC241-18 Penshurst Public School – Temporary relocation to Peakhurst West Public School, traffic measures (Report by Senior Traffic Engineer)

 

(a) That 46m of the existing “No Stopping” restriction along the western side of Belmore Road, Peakhurst be converted to a “Bus Zone” to accommodate shuttle buses that will be transporting students from Penshurst to Peakhurst West.

 

(b) That 60m of “P5 min, 8.00am-9.30am, 2.30pm-4.00pm, School Days” be installed along the school frontage on Ogilvy Street, Peakhurst, south of the existing kiss and ride zone.

 

The recommendations of the Traffic Committee were referred to Council on Monday 26 November for endorsement. Council resolved to adopt the recommendations of the Traffic Committee which supported the changes in the street signage.

 

The signage amendments for Arcadia Street Penshurst were forwarded to the Traffic committee on 4 December 2018, as noted below:

 

TAC250-18 The recommendation to the committee from Council’s Senior Traffic Engineer was adopted by the Traffic Committee on 4 December 2018 is as follows;

 

(a) THAT a 50 metre “Bus Zone, 7.30am – 8.30am, 3.10pm - 4.10 pm School Days” be installed along the western side of Arcadia Street, Penshurst.

(b) THAT the existing No Parking restriction during the morning peak times along the eastern side and the western side of Arcadia Street, Penshurst be modified from “8.00am – 9.30am” to “7.30am – 8.30am”.

 

(c)  THAT the parking restrictions as shown in the attached plan prepared by PTC be approved for installation in Arcadia Street, Penshurst.

 

The above recommendation of the Traffic Committee is to be referred to Council for adoption on Monday 17 December 2018 and this matter forms the basis for the deferred commencement determination.

 

Section 94A Contributions

31.         Section 94A Contributions are not applicable to the proposal given the application is Crown development and a use only.

 

CONCLUSION

32.         The proposal has been considered against the provisions of Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979. The proposal meets the definition as an “educational establishment” and is a permissible use with consent. The proposal has been considered in accordance with the relevant planning considerations and submissions received. Following a detailed assessment it is considered that DA2018/0039 is worthy of approval and is subject to deferred and standard conditions of consent.

 

33.         Further that a recommendation of deferred commencement is to be imposed to allow Council to consider and endorse the recommendations of the Traffic Committee of the 4 December 2018 for the proposed signage changes to Arcadia Street, Penshurst to facilitate the pick-up and drop off zones to facilitate the movement of staff and students from the Penshurst site to the Peakhurst site and return from the first day of term 1 2019.

 

DETERMINATION AND STATEMENT OF REASONS

 

34.         Statement of Reasons

 

·    The proposed educational facility is of a temporary nature and is considered to service the locality.

·    The temporary traffic generation is not considered to be unreasonable subject to recommendations contained within the Traffic Management Plan.

·    The proposed intensification of an educational facility as a temporary nature is considered to be in the public interest.

 

35.         Determination

 

A.      That pursuant to 4.16(3) of the Environmental Planning and Assessment Act, as amended, the Development Application DA2018/0039 for the temporary relocation of Penshurst Public School (staff – 35 and students – 450) to Peakhurst Public School for a period of approximately 2 years to facilitate the redevelopment of the Penshurst Public School Site Lot A in 314612, at Lot 9, 13 and 14 in DP 9801, Lot 1 in DP 1222495, Lots A, B, C D and E in DP 307025, Lot X and Y in DP 389865, Lots 1000 and 1001 in DP 813558 collectively being 121 Belmore Road, Peakhurst, is determined by granting deferred commencement consent.

 

B.      This is a “Deferred Commencement” consent that is granted subject to conditions under Section 4.16(3) of the Environmental Planning and Assessment Act 1979 that the consent is not to operate until the person with the benefit of this consent satisfies Georges River Council (“Council”) as to the matters set out in SCHEDULE A below. The period within which the applicant must produce evidence to the Council sufficient enough to enable it to be satisfied as to the matters in SCHEDULE A is thirty six (36) months from the date this deferred consent is granted.

 

C.      If the person with the benefit of this consent produces evidence to the Council within the period specified is sufficient to enable the Council to be satisfied as to the matter set out in SCHEDULE A and the Council notifies the person in writing that it is satisfied as to the relevant matters, the development consent shall become operative subject to compliance with conditions outlined in SCHEDULE B.

 

D.      Should the required information not be provided in the time period nominated above, the deferred commencement consent shall lapse.

 

SPECIFIC DEVELOPMENT CONDITIONS

 

SCHEDULE A

 

Section A - Deferred Commencement

 

A.      That the minutes of the Traffic Committee of 4 December 2018 for the following changes to the signage in Arcadia Street Penshurst as referenced below be endorse by Council:

 

(a)     THAT a 50 metre “Bus Zone, 7.30am – 8.30am, 3.10pm - 4.10 pm School Days” be installed along the western side of Arcadia Street, Penshurst.

(b)     THAT the existing No Parking restriction during the morning peak times along the eastern side and the western side of Arcadia Street, Penshurst be modified from “8.00am – 9.30am” to “7.30am – 8.30am”.

(c)     THAT the parking restrictions as shown in the attached plan prepared by PTC be approved for installation in Arcadia Street, Penshurst.

 

SCHEDULE B

Subject to SCHEDULE A above being satisfied by Council in writing the conditions as follows apply:

 

Section B - Development Details

 

1.         Duration of Consent - The use of Penshurst Public School on land known as 121 Belmore Road, Peakhurst (Peakhurst West Public School) is limited to a maximum of two (2) years from Day 1 Term 1 2019 being 29 January 2019.

 

2.         Limitation on Number of Students - The maximum number of students on the site at any one time for the duration of the interim intensification of use is not to exceed seven hundred and seventy (770) to reduce and control traffic implications on the local network.

 

3.         Road and Maritime Service

 

a)    A strip of land has previously been dedicated as Public Road by private subdivision (DP813558), along the frontage of the subject property (Lot 1000 & 1001 DP 813558), as shown by yellow colour on the attached Aerial — "X"

 

RMS has previously resumed & dedicated a strip of land as road along the Henry Lawson Drive frontage of the subject property, as shown by grey colour on the attached Aerial — "X"

 

The subject property is affected by a road proposal as shown by pink colour on the attached Aerial — "Y"

 

However the Roads and Maritime Services would raise no objections on property grounds to the submitted application provided any new building or structures, together with any improvements integral to the future use of the site, are erected clear of the land required for road (unlimited in height or depth) and Henry Lawson Drive boundary.

 

b)    A Construction Pedestrian Traffic Management Plan (CPTMP) detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Council for approval.

 

c)    Construction works zone will not be permitted on Belmore Road.

 

d)    A Road Occupancy Licence should be obtained from Transport Management Centre for any works that may impact on traffic flows on Belmore Road during construction activities.

 

4.         Traffic Management Plan - A Traffic Management Plan is to be prepared and adhered to. The traffic management is to include adequate details regarding vehicular and pedestrian management and is include details relating to;

 

·    The employment of qualified marshals

·    Staggering shuttle bus pick up and drop offs

·    Details of shuttle bus routes

·    Possible extension of bus bays

·    Management of traffic and pedestrian movement

 

5.         Lighting - General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill or glare. Flashing, moving or intermittent lights or signs are prohibited.

 

 

 

ATTACHMENTS

Attachment 1

Crown DA Advice - 121 Belmore Rd Peakhurst

Attachment 2

Architectural Plans 01 - 121 Belmore Rd Peakhurst

Attachment 3

Architectural Plans 02 - 121 Belmore Rd Peakhurst

Attachment 4

Architectural Plans 03 - 121 Belmore Rd Peakhurst

Attachment 5

Statement of Environmental Effects - 121 Belmore Rd Peakhurst

Attachment 6

Acoustic Report - 121 Belmore Rd Peakhurst

Attachment 7

Originally Submitted Traffic Report - 121 Belmore Rd Peakhurst

Attachment 8

Cover Letter provided by applicant for relocation of Penshurst Bus Hub

Attachment 9

Penshurst Public School Relocation Traffic Management Plan

Attachment 10

Temporary Penshurst Public School Bus Hub Assessment

Attachment 11

Arcadia Street, Penshurst Signage Changes - Traffic Committee Attachment

Attachment 12

Ogilvy Street, Peakhurst signage changes - Traffic Committee Attachment

Attachment 13

Belmore Road, Peakhurst signage changes - Traffic Committee Attachment

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 2]           Architectural Plans 01 - 121 Belmore Rd Peakhurst

 

 

Page 27

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 3]           Architectural Plans 02 - 121 Belmore Rd Peakhurst

 

 

Page 28

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 4]           Architectural Plans 03 - 121 Belmore Rd Peakhurst

 

 

Page 29

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 5]           Statement of Environmental Effects - 121 Belmore Rd Peakhurst

 

 

Page 32

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 6]           Acoustic Report - 121 Belmore Rd Peakhurst

 

 

Page 55

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 6]           Acoustic Report - 121 Belmore Rd Peakhurst

 

 

Page 74

 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 6]           Acoustic Report - 121 Belmore Rd Peakhurst

 

 

Page 77

 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 7]           Originally Submitted Traffic Report - 121 Belmore Rd Peakhurst

 

 

Page 81

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 8]           Cover Letter provided by applicant for relocation of Penshurst Bus Hub

 

 

Page 113

 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 9]           Penshurst Public School Relocation Traffic Management Plan

 

 

Page 116

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 9]           Penshurst Public School Relocation Traffic Management Plan

 

 

Page 164

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 9]           Penshurst Public School Relocation Traffic Management Plan

 

 

Page 167

 


 


 


 


 


 


 


 

 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 10]         Temporary Penshurst Public School Bus Hub Assessment

 

 

Page 184

 


 


 


 


 


 


 


 


 


 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 11]         Arcadia Street, Penshurst Signage Changes - Traffic Committee Attachment

 

 

Page 193

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 12]         Ogilvy Street, Peakhurst signage changes - Traffic Committee Attachment

 

 

Page 194

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP062-18              121 Belmore Road Peakhurst

[Appendix 13]         Belmore Road, Peakhurst signage changes - Traffic Committee Attachment

 

 

Page 195

 


Georges River Council – Local Planning Panel   Thursday, 13 December  2018

Page 198

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 13 December 2018

 

LPP Report No

LPP063-18

Development Application No

DA2018/0057

Site Address & Ward Locality

67 Millett Street Hurstville

Hurstville Ward

Proposed Development

Partial demolition of elements of a heritage dwelling house, alterations and additions to the heritage listed dwelling and  conversion of part of the lower ground floor into a secondary dwelling, construction of a carport and fencing

Owners

Fiona and Andrew Moore

Applicant

Fiona Moore

Planner/Architect

MPD Architects

Date Of Lodgement

22/02/2018

Submissions

No submissions

Cost of Works

$525,500.00

Local Planning Panel Criteria

Application involves demolition works to a Heritage item

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

State Environmental Planning Policy No 55 - Remediation Of Land; State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004; State Environmental Planning Policy (Infrastructure) 2007; State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017                                                                                    Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment; Draft Environment State Environmental Planning Policy;

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

Statement of Environmental Effects

Heritage Impact Statement

 

Report prepared by

Development Assessment Planner

 

 

Recommendation

That the application be approved subject to conditions of consent.

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

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 minor design changes

 

Site Plan

Site outlined in red

 

Executive Summary

Proposal

1.           The application seeks approval for partial demolition of elements of the heritage dwelling house, and alterations and additions to an existing heritage listed residential dwelling, construction of a carport and fencing, and conversion of part of the lower ground floor to be used as a secondary dwelling at 67 Millett Street, Hurstville.

 

Site and Locality

2.           The subject site is legally identified as Lot 13, Section 2 in Deposited Plan 1769 and commonly known as 67 Millett Street, Hurstville.

 

The site is located on the western side of Millett Street, between Dudley Street to the north and Ruby Street to the south. The subject site falls from the south eastern corner at Millett Street towards the rear site boundary by approximately 3.03m. The site is regular in shape with a 15.24m frontage to Millett Street and a depth of 48.77m, and has a total site area of 743.3sqm (by survey plan prepared by Bee and Lethbridge).

 

The site currently accommodates a two storey heritage listed dwelling house of local significance, a modern addition is attached to the rear of the house. The existing dwelling known as “Overdale” being a two storey rendered brick and tiled roofed house with two storey timber framed addition to the rear. The site is served by an existing vehicular crossing at Millett Street and a concrete driveway along its north western side boundary.

 

The immediate area is dominated by residential uses containing a mix of one (1) and two (2) storey dwelling developments. The area is generally residential in character.

 

Zoning and Permissibility

3.           The site is zoned R2 – Low Density Residential, demolition, alterations and additions to a “dwelling house” are permissible. The proposed internal ‘secondary dwelling’ is also permissible in the zone with Council consent.

 

Submissions

4.           The application was notified to surrounding neighbours for a period of fourteen (14) days between 14 March 2018 and 30 March 2018 in accordance with this Section 2 of HDCP No. 1 2018. The application was also advertised on St George and Sutherland Shire Leader, no submissions were received.

 

Conclusion

5.           The application seeks approval for partial demolition, alterations and additions to an existing heritage listed residential dwelling, construction of a carport and conversion of part of the lower ground floor to a secondary dwelling located at 67 Millett Street Hurstville.

 

The proposal has been assessed against the relevant environmental regulations, planning instruments and Development Control Plans, the proposal is considered to be an appropriate form of development and is recommended for approval subject to the conditions listed at the end of this report.

 

Report in Full

Proposal

6.           The application seeks approval for partial demolition of elements of the heritage dwelling house, and alterations and additions to an existing heritage listed residential dwelling, construction of a carport and fencing, and conversion of part of the lower ground floor to be used as a secondary dwelling. The proposed works specifically include the following:

 

Lower Floor level

·    Demolition of existing timber-framed weatherboard and brick addition at the rear;

·    Demolition and reconstruction of a concrete slab at the lower level;

·    Construction of an ensuite bathroom adjacent to the existing storage area located on the lower level;

·    Construction of a timber-framed lower level addition located at the rear western side of the dwelling allowing for a new kitchen, laundry, WC, family and dining room, leading out onto a covered terrace area at the rear. The addition is proposed to be clad in acrylic rendered Insulclad sheeting with a hipped colorbond roof;

·    Partial conversion of the lower ground level to a 60sqm secondary dwelling comprising a bedroom, ensuite, living room and kitchen; and

·    Waterproofing and drainage works to the sub-floor storage areas.

 

Upper Floor level

·    Demolition of existing internal walls along the rear portion of the upper floor level;

·    Removal of boarding located over existing window along the western façade of bedroom 1;

·    Construction of a timber-framed first floor addition to the rear (eastern side) of the dwelling, comprising a bathroom, study and lounge. Addition to be clad in acrylic rendered Insulclad sheeting with a gable colorbond roof.

 

Mezzanine level:

·    Construction of a mezzanine level with timber floor located above the upper floor level.

 

External works:

·    Reconstruction of existing driveway with a reinforced concrete slab;

·    Construction of a colorbond skillion roofed carport (6.5m length x 3m width x 2.8m height) along the northern side boundary;

·    Addition of a 1.8m automated gate along the driveway inset from the front boundary.

·    Removal on one tree located along the southern side boundary and selective pruning of an existing Liquid Amber tree located in the middle of the rear yard.

 

Site and Locality

7.           The subject site is legally identified as Lot 13, Section 2 in Deposited Plan 1769 and commonly known as 67 Millett Street, Hurstville.

 

The site is located on the western side of Millett Street, between Dudley Street to the north and Ruby Street to the south. The subject site falls from the south eastern corner at Millett Street towards the rear site boundary by approximately 3.03m. The site is regular in shape with a 15.24m frontage to Millett Street and a depth of 48.77m, and has a total site area of 743.3sqm (by survey plan prepared by Bee and Lethbridge).

 

The site currently accommodates a two storey heritage listed dwelling house which has a modern addition to the rear of the house. The existing dwelling known as “Overdale” is a two storey rendered brick and tiled roofed dwelling with two storey timber framed addition to the rear.

 

The original Victorian Italianate house was constructed in the 1890's with the rear addition appearing to have been constructed in the 1970's. The house is listed local heritage item I39 “Victorian Cottage”.

 

The site is served by an existing vehicular crossing at Millett Street and a concrete driveway along its north western side boundary.

 

The immediate area is dominated by residential uses containing a mix of one (1) and two (2) storey dwelling developments. The area is generally residential in character.

 

It is noted that a Sydney Water sewer line runs through the rear yard of the site. No works are proposed to be located over the sewer. The works will be subject to a Sydney Water Tap in™ condition of consent.

 

Note: As the dwelling house will be above the secondary dwelling, the class of building will change under the Building Code of Australia (NCC) from Class 1a to a Class 2. The application has been assessed and endorsed by Council’s Building Surveyor and relevant conditions of consent have been imposed.

 

Below is a photo of the dwelling from Millett Street Husrtville.

 

 

Background

8.           The subject development application (DA2018/0057) was lodged on 22 February 2018.

 

PLANNING ASSESSMENT

9.           The site has been inspected and the proposed development has been assessed under the relevant Section 4.15(1) “Matters for consideration” of the Environmental Planning and Assessment Act 1979.

 

Environmental Planning Instruments

 

State Environmental Planning Instruments

10.         The following State Environmental Planning Policies are applicable to the subject site and have been addressed and satisfied.

 

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

11.         A BASIX Certificate is required to be lodged for any development application in NSW for a new home or for any alteration and addition of $50,000 or more to an existing home.

 

BASIX Certificates No. A302858 dated 20 February 2018 and certificate No. A302867 dated 20 February 2018 have been issued for the proposed development and the commitments required by the BASIX Certificate have been satisfied.

 

State Environmental Planning Policy No 55 – Remediation of Land

12.         The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

 

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 (Vegetation in Non-Rural Areas) 2017

13.         The objectives of the SEPP are to protect the biodiversity values of trees and other vegetation in non-rural areas and preserve the amenity of non-rural areas through the preservation of trees and other vegetation. This policy is applicable pursuant to Clause 5(1) of the SEPP as the site is within both Georges River Council and the R2 Low Density Residential zone.

 

Pursuant to Clause 8(1) of the SEPP, clearing does not require authority under the policy as it is a type of clearing that is authorised under Section 60O of the Local Land Services Act 2013 (specifically, that associated with a development consent issued under Part 4 of the Environmental Planning and Assessment Act 1979).

 

Hurstville Local Environmental Plan 2012

14.         The site is zoned R2 – Low Density Residential, the proposed demolition, alterations and additions are ancillary to a “dwelling house” and is permissible with consent. The proposed ‘secondary dwelling’ is also a permissible use in the zone.

 

The proposed development satisfies the objectives of the zone under HLEP 2012:

 

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

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

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

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

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

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

 

Land Zoning Map site outlined in red

 

2.7 – Demolition requires Development Consent

15.         Clause 2.7 of HLEP 2012 states ‘the demolition of a building or work may be carried out only with development consent’. The proposed demolition has been assessed as part of this application.

 

Part 4 – Principal Development Standards

 

Applicable LEP Clause

Development Standards

Development Proposal

Complies

4.3 Height of Buildings

9m as identified by the Height of building map

8.52m (maximum height of proposed rear addition).

 

It is noted that the existing heritage listed dwelling breaches the 9m height control of the HLEP.

 

The proposed rear extension is 8.52m complying with the 9m height control.

 

The proposal does not seek to alter the main façade or the roof structure of the front portion of the heritage listed dwelling.

Yes

4.4 Floor Space Ratio

0.6:1 as identified by the floor space ratio map

0.48:1 or 360sqm

Yes

 

Part 5 – Miscellaneous Provisions

5.10 Heritage Conservation

16.         The site contains a local heritage item (I39), being a ‘Victorian Cottage’. The Statement of Significance is as follows:

 

‘67 Millett Street in Hurstville is a Victorian Italianate house contributory to the streetscape. It features characteristic elements of the Victorian Italianate style including the asymmetrical facade with grouped openings, bracketed eaves and stucco wall finish. The house is a good representative example of Victorian Italianate houses of the Dalmorton Estate subdivision.’

 

The application was supported by a Heritage Impact Statement prepared by Sue Rosen Associates.

 

 Heritage map site outlined in red

 

17.         The application has been referred to Council’s Heritage Adviser; the proposal is supported subject to specific and standard conditions of consent, the specific conditions include the following:

 

(a) The driveway between the new automated vehicle gates and front boundary is to be limited to maximum 600mm wide concrete wheel strips separated by grass. The verge of the wheel strips is also to be grass.

 

(b) The height of the new automated vehicle gates is to be limited to 1.5m.

 

Part 6 – Additional Local Provisions

 

Applicable HLEP 2012 Clause

HLEP Provisions

Development Proposal

Complies

4.4 Floor Space Ratio

The floor space ratio map nominates an floor space ratio for this site of 0.6:1

The development has an FSR of 0.48:1

(Dwelling and Secondary Dwelling)

Yes

6.1 Acid Sulfate Soils

The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.

Site has not been identified as located in an area containing Acid Sulfate soils as per HLEP 2012 Acid Sulfate Soils Map.

Yes

6.2 Earthworks

The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

The earthworks proposed are ancillary to the proposed development and will have minimal impacts on the surrounding land and environment.

 

Yes

6.4 Foreshore Scenic Protection Area (FSPA).

The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.

Site is not located in a Foreshore Scenic Protection Area

Yes

6.5 Gross floor area of dwellings in residential zones

For a site area > 630 square metres but ≤ 1000 square metres the maximum gross floor area for a dwelling house is not to exceed:

(743.3 − 630) × 0.3 + 346.50 = 380.49sqm

305.3sqm (dwelling only excluding secondary dwelling floor area).

 

Including the secondary dwelling is

Yes

6.7 Essential services

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

 

(a), (b), (c) Supply of water, electricity and disposal and management of sewerage

 

(d) Stormwater drainage or on-site conservation

 

 

 

 

 

 

(e) Suitable vehicular access

 

 

 

 

 

 

 

 

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

 

Drainage is by a suitable stormwater system assessed and approved by Council’s stormwater engineer. Relevant stormwater conditions of consent have been imposed

 

Existing driveway is retained and upgraded in accordance with the Heritage Officers comments.

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

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

 

Draft Environmental Planning Instruments

18.         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.

 

Hurstville Development Control Plan 2018

19.         The proposed development is subject to the provisions of Hurstville Development Control Plan No 1 (Amendment No 6) 2018. The relevant clauses of the Development Control Plan which apply to the proposed development are detailed below.

 

Section 3.1 Vehicle Access, Parking & Manoeuvring

Design Solution DS9.1 of Section 4.4 Dwelling Houses on Standard Lots states:

 

Car parking is provided on site in accordance with the following minimum rates:

a.   for 1 and 2 bedroom dwellings, 1 car parking space

b.   for 3 or more bedroom dwellings, 2 car parking spaces.

 

The proposed principle dwelling has four (4) bedrooms, 2 car parking spaces are required. The proposal includes two (2) parking spaces: one (1) space in the proposed carport and one (1) tandem space on the driveway, complying with the DCP’s requirement.

 

No parking is required for the secondary dwelling.

 

Section 4.4 Dwelling Houses on Standard Lots

 

Section

Design Solution

Proposal

Complies

PC1. Neighbourhood Character

 

DS1.1 - The development application is supported by a Statement of Environmental Effects

The application is accompanied by an acceptable Statement of Environmental Effects.

Yes

 

 

PC2. Building Height

 

DS2.2 - Maximum ceiling height is 7.2m above the existing ground level vertically below that point

The proposed maximum building height is 8.52m complying with HLEP 2012 development standard of 9m.

The proposed maximum ceiling height is 6.6m complying with the DCP1 control of 7.2m.

Yes

 

 

PC3. Setbacks

 

DS3.1 - Minimum setback from the primary street boundary is: a. 4.5m to the main building face

b. 5.5m to the front wall of garage, carport roof or onsite parking space

 

DS3.4 - The minimum side setback outside the FSPA is 900mm (ground floor) and 1.2m (first floor).

 

 

 

 

 

 

 

 

 

 

 

 

 

S3.6 - Minimum rear boundary setbacks are:

a. 3m for any basement and ground floor level solid wall

b. 6m for first floor level solid walls

c. where a first floor balcony is proposed at the rear, 6m from the balustrade

Front setback

The existing front setback is 5.18m from Millett Street and is retained.

 

 

 

Side setback

The proposed minimum side setbacks of the new extension measured from the outermost face of the building are as follows:

 

·    North western side boundary: 3.6m

·    South eastern side boundary: 1.5m

 

It is noted that the carport measures 600mm from the boundary. This has been assessed in section 4.7 Outbuildings.

 

Rear setback: 18.489m

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

PC4. Façades

 

DS4.2 - The dwelling house incorporates at least two of the following building elements facing any street frontage:

a. entry feature or portico

b. awnings or other features over windows

c. eaves and sun shading

d. window planter box treatment

e. bay windows or similar features

f. wall offsets, balconies, verandas, pergolas or the like.

The existing dwelling’s entry door, verandah, and windows to bedrooms 2 and 3 are retained

Yes

PC6. Solar access

 

DS6.1 - Development allows for at least 3 hours of sunlight on the windows of main living areas and adjoining principal private open space of adjacent dwellings between 9.00am and 3.00pm on 21 June.

 

The proposed development will 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 21 June.

Yes

 

PC7. Visual Privacy

 

DS7.3 - Development applications are accompanied by a survey plan or site analysis plan (to AHD) of the proposed dwelling showing the location of adjoining property windows, floors levels, window sill levels and ridge and gutter line levels.

The application is accompanied by a site analysis plan to AHD of the proposed dwelling showing the location of adjoining property windows, floors levels, window sill levels and ridge and gutter line levels.

 

The proposed development will not result in adverse impacts relating to visual privacy by virtue of satisfactory side setbacks are proposed to provide required offset and visual privacy protection for neighbouring properties.

 

The proposal involves the following measures for main living rooms to protect the neighbouring properties’ visual privacy:

 

·    Lower level: family room and dining room are incorporated with high light windows along the north west and south east elevations.

Yes

PC8. Noise

 

DS8.1 - Noise generators such as plant and machinery including air conditioning units and pool pumps are located away from windows or other openings of habitable rooms and are screened to reduce noise or acoustically enclosed.

The proposed air conditioning unit is located within the eastern side setback area and is away from windows of bedrooms and main living rooms.

Yes

PC9. Vehicular access, parking and manoeuvring

 

DS9.1 - Car parking is provided on site in accordance with the following minimum rates: a. for 1 and 2 bedroom dwellings, 1 car parking space b. for 3 or more bedroom dwellings, 2 car parking spaces

 

DS9.2 - For all new dwellings, at least 1 car space must be located behind the front building setback

The proposal includes two (2) parking spaces: one (1) space in the proposed carport and one (1) tandem space on the driveway.

No parking is required for the secondary dwelling.

 

 

One car space in the proposed carport is located behind the front building setback.

Yes

 

 

 

 

 

 

 

 

 

Yes

PC10. Landscaped areas and private open space

 

DS10.1 - Where located outside the FSPA, a minimum of 20% of site area is landscaped open space.

 

DS10.3 - The minimum dimension of landscaped open space is 2m in any direction.

 

DS10.4 - A minimum of 15m2 of the landscaped open space is provided between the front setback and the street boundary in the form of a front yard

 

DS10.5 - An area of Principal Private Open Space is to be provided which: a. has a minimum area of 30sqm b. has a minimum dimension of 5m c. is located at ground level and behind the front wall of the dwelling d. is directly accessible from a main living area.

358.1sqm (48%) of the site will be landscaped open space, include the retained front yard.

 

 

All landscaped areas are 2m in any direction

 

 

 

Front yard is retained and will not be modified by the proposed development.

 

 

 

 

The proposed principal private open space is located at the rear of the site with a total area of 281.77sqm and has direct accesses from the family and dining rooms on the lower floor.

 

Yes

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

Yes

PC11. Stormwater

DS11.8 - Development applications are to be supported by a Stormwater Management Plan showing how surface and roof runoff will be discharged to the street or into an easement. This plan must show the size of all pipes.

The application has been referred to Council’s Drainage Engineer. Stormwater related consent conditions of consent have been imposed.

Yes (conditions of consent imposed)

 

PC14. Balconies and terraces

 

DS14.1 - Access to balconies and terraces is direct from a habitable room at the same floor level.

The proposed terrace on the lower floor is at the rear of the new addition which is not visible from Millett Street and accessed directly from the new family and dining rooms at the same floor level.

Yes

 

 

PC15. Alterations and additions

 

DS15.1 - Alterations and additions comply with the relevant requirements of this DCP for setbacks, car parking and landscaping.

 

DS15.2 - Alterations and additions do not intrude within the existing primary street setback.

 

 

 

 

 

 

 

 

 

 

 

 

 

DS15.4 - Existing significant vegetation is retained where not reasonably required to site development.

Proposed alteration and additions complies with DCP requirements for setbacks, car parking and landscaping.

 

The proposed addition is located to the rear of the existing dwelling house (the heritage listed item) and will not alter the existing primary street setback. The proposed addition adopts a pitched roof form with an equal height to that of the existing dwelling house. The proposed orb roof sheeting is compatible with the materials, colours of the existing rear addition.

 

A significant liquid amber tree is located within the rear yard. The proposed development involves pruning for construction of the rear addition. The application has been referred to Council’s Landscape Officer. Tree protection, retention, and landscape related conditions of consent have been imposed.

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

Section 4.6 Secondary Dwellings

 

Section      

Design Solution

Proposal

Complies

PC1. Site area

 

DS1.1 - Minimum site area is 450sqm

The subject site area is 743.3sqm

Yes

 

PC2. Floor area

 

DS2.1 - The maximum floor area is 60sqm, or 10% of the total floor area of the dwelling house, whichever is greater.

The proposed secondary dwelling has a floor space area of 54.7sqm

Yes

 

PC3. Building height:

 

DS3.1 - Maximum building height is 1 storey

The proposed secondary dwelling will be built within the existing building footprint. There are no changes to the existing overall building height or floor to ceiling heights.

Yes

 

PC4. Setbacks:

DS4.1 - The minimum setback to side and rear boundaries is 900mm.

The proposed secondary dwelling is contained with the existing lower ground floor. The proposal includes compliant side and rear setbacks.

Yes

 

PC5. Car parking

 

DS5.1 - Car parking is located behind the main building face to primary or secondary streets.

The proposed carport is located behind the main building face to Millett Street. The proposal includes two (2) parking spaces in total complying with the DCP parking rate for the principal dwelling.

Yes

 

PC6. Landscaped open space

 

DS6.1 - The landscaped area for a secondary dwelling is shared with the principal dwelling.

The proposed development will provide shared landscaped area for the principal and secondary dwelling. The landscaped area will occupy 48% of the total site area.

Yes

 

PC8. Stormwater

DS7.2 - Stormwater management is in accordance with the provisions contained in Section 4.4 Dwelling Houses on Standard Lots – PC.11.

The application has been referred to Council’s Drainage Engineer. Stormwater related consent conditions of consent have been imposed.

Yes

 

Section 4.7 Outbuildings

 

Section      

Design Solution

Proposal

Complies

PC3. Setbacks

 

 

DS3.2. An open carport, awning or similar structure may extend from the dwelling to the side or rear boundary providing Council is satisfied that:

 

a. engage with and activate the street

 

 

 

 

 

b. they are designed in accordance with the BCA.

 

 

 

c. no eaves or gutters overhang any boundary

 

 

d. two or more sides of the structure are open and at least one third of its perimeter is open (otherwise it is considered an enclosed garage).

 

 

 

 

 

 

 

e. the roof cladding of the carport must be at least 500mm clear of the allotment boundary or another building on the same allotment for a side to be considered open.

 

 

 

 

 

 

 

The proposed carport (6.5m length x 3m width x 2.8m height) is sympathetic to the street and located to satisfy the heritage controls.

 

A condition will be imposed to ensure that BCA (NCC) requirements are satisfactorily met.

 

No eaves or gutters overhang any of the boundaries.

 

Carport has three open sides (north eastern, north western, and south western).

A third of the permitter is open:

 

Full perimeter = 19m (third of the permitter = 6.3m)

 

Proposed carport = 12.5m of the perimeter is open.

 

Roof cladding is setback 600mm clear from the north western side boundary.

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

IMPACTS

 

Natural Environment

20.         The site includes a significant Liquid Amber tree located within the rear yard. The proposal does not seek to remove the tree merely prune the tree to allow for the addition to be undertaken. The application has been assessed and endorsed by Council’s Landscape Officer and relevant tree and landscaping conditions of consent are recommended.

 

Built Environment

21.         The proposed development will not result in any adverse impacts upon the built environment for reasons discussed throughout the report.

 

Social and Economic Impact

22.         The proposed development would not result in any adverse social and/or economic impacts within the locality.

 

Suitability of the Site

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

 

SUBMISSIONS AND THE PUBLIC INTEREST

24.         The application was notified to surrounding neighbours for a period of fourteen (14) days between 14 March 2018 and 30 March 2018 in accordance with this Section 2 of HDCP No. 1 2018. The application was also advertised on St George and Sutherland Shire Leader. No submissions received.

 

REFERRALS

 

Council Referrals

Landscape Officer

25.         The application has been assessed and endorsed by Council’s Landscape Officer and relevant tree and landscaping conditions have been recommended.

 

Building Surveyor

26.         The application has been assessed and endorsed by Council’s Building Surveyor and relevant building conditions of consent were imposed. As the building will change from a Class 1a to a Class 2, fire safety related conditions of consent have been imposed.

 

 Heritage Advisor

27.         The proposal is supported by Council’s Heritage advisor subject to standard and specific recommended conditions of consent. Council’s Heritage Advisor has specifically requested the automated vehicular gate to be reduced from 1.8m to 1.5m, and the driveway between the new automated vehicle gates and front boundary is to be limited to a maximum 600mm wide concrete wheel strips separated by grass.

 

Drainage Engineering

28.         The application has been referred to Council’s Drainage Engineer. Stormwater related consent conditions of consent have been imposed.

 

GIS

29.         The application has been referred to Council’s GIS team. A street address has been obtained for the secondary dwelling.

 

CONCLUSION

30.         The application seeks approval for partial demolition of elements of the dwelling house, and alterations and additions to an existing heritage listed residential dwelling, construction of a carport and fencing, and conversion of part of the lower ground floor to be used as a secondary dwelling at 67 Millett Street, Hurstville 2220.

 

The application was notified to surrounding neighbours for a period of fourteen (14) days between 14 March 2018 and 30 March 2018 in accordance with this Section 2 of HDCP No. 1 2018. The application was also advertised on St George and Sutherland Shire Leader. No submissions received.

 

The proposed development satisfies the planning controls and objectives within the Hurstville Local Environmental Plan 2012 and the Hurstville Development Control Plan No. 1 2018.

 

In view of the above, the application is recommended for approval subject to the imposed conditions of consent included in this report.

 

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

That pursuant to Section 4.16 (1) of the Environmental Planning and Assessment Act, 1979; as amended, Council grants development consent to Development Application DA2018/0057 for partial demolition of elements of the heritage dwelling house, and alterations and additions to an existing heritage listed residential dwelling, construction of a carport, and conversion of part of the lower ground floor to be used as a secondary dwelling at Lot 13, Sec 2, DP1769 and known as 67 Millett Street, Hurstville, subject to the conditions listed below.

 

SPECIFIC DEVELOPMENT CONDITIONS

 

Section A       Development Details

 

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

Prepared by

Site Plan

DA 01

14/12/2017

MPD Architects

Floor Plans

DA 02a

10/10/2018

MPD Architects

Elevations and Section Plans

DA 03

14/12/2017

MPD Architects

External Colours Schedule

DA 05

14/12/2017

MPD Architects

 

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.

 

Section C        Requirements of Concurrence, Integrated & Other Government Authorities

 

4.   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.

 

Section D        Prior to the Issue of a Construction Certificate

 

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

 

6.   General Heritage - In order to maintain the integrity of the Heritage Item, the following is required:

 

(a)           The proposed works are to be carried out in a manner that minimises demolition, alterations and new penetrations/fixings to the significant fabric of the existing building which is listed as a Heritage Item.

(b)           The fabric and features to be retained by the proposal must be properly protected during the process of demolition and construction.

(c)           All conservation and adaptation works are to be in accordance with the Articles of the Australian ICOMOS Burra Charter 1999.

(d)           The driveway between the new automated vehicle gates and front boundary is to be limited to maximum 600mm wide concrete wheel strips separated by grass. The verge of the wheel strips is also to be grass.

(e)           The height of the new automated vehicle gates is to be limited to 1.5m.

(f)            The new windows and doors on the existing building must match the original material, which is timber joinery.

 

Details demonstrating compliance with the above-mentioned requirements are to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

         

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

 

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).

 

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

Georges River Council Section 94A Development Contributions Plan 2017

$5,255.00

 

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

 

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.   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.

 

10. 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.

 

11. BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. A302858 dated 20 February 2018 and BASIX Certificate No. A302867 dated 20 February 2018 must be implemented on the plans lodged with the application for the Construction Certificate.

 

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

 

The following design changes are required and are to be incorporated into the plans to be lodged and approved with the Construction Certificate application.

 

The submitted concept hydraulic plan shall be amended to:

 

(a)        Indicate all outlet pipelines draining grated trench drains and surface inlet pits to be 150mm diameter (min.)/or equivalent;

(b)       Take advantage of the fall available across the street frontage such that the proposed silt arrestor pit is repositioned to the south-eastern side of the development site and a gravity outlet system installed in the nature strip, clear of Utility Authority footpath allocations, for discharge to the street kerb and gutter directly in front of the subject property with all changes of direction limited to forty-five degrees;

(c)        Incorporate a design for an absorption trench system to dispose of pavement runoff, that satisfies the requirements of the Georges River Council’s Hurstville Development Control Plan 1 (as amended) Appendix 2 - Section 9 Design Guidelines for Absorption Trenches.

 

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

 

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. 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 overflows of roof waters from any rainwater tank 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)       All surface water runoff such as driveway/footpath shall drain to a suitability designed absorption trench in the rear yard. Such trenches must be located at least 1.5m from any property boundary, and 3m from any on-site or neighbouring building and be constructed across the contour of the land.

 

The design of this proposed drainage system must be prepared by a professional engineer who specialises in Hydraulic Engineering. Certification of the adequacy of the absorption trench system for the surface area being drained and the soil’s hydraulic conductivity shall also be provided by the hydraulics engineer.

 

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

 

(c)        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.

 

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 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. 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.

 

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

Tree Species

Location of Tree / Tree No.

Tree Protection Zone (metres)

Liquidambar styraciflua

Backyard, middle of yard of subject site

10.0 metres radially from centre of trunk

Elaeocarpus reticulatus

Front grassed Council verge

3.6 metres radially from centre of trunk

3 / 4 trees

69a Millett St Hurstville

3.0 metres radially from centre of trunk

All existing trees surrounding back and side fence line

Backyard of subject site

3.0 metres radially from centre of trees

 

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

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

 

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

 

Pier and Beams

(k)  To preserve the Liquidambar styraciflua the footings of the proposed additions and covered terrace, shall be isolated pier and beam construction within a ten (10)             metre radius of the trunk. The piers shall be hand dug and located such that no roots of a diameter greater than 50mm are severed or injured in the process of any site works during the construction period. The beam shall be located on or above the existing soil levels.

 

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

 

19. Tree Pruning - Permission is granted for the formative / target pruning only of the following tree:

 

Tree Species

Number of trees

Location

Liquidambar styraciflua

1

Backyard, middle of yard of subject site

 

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 minimum Certificate 3, qualified Arborist in accordance with AS4373 -2007 Pruning of Amenity Trees and Amenity Tree Industry, Code of Practice (SafeWork NSW August 1998).

 

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.

 

20. Allocation of street addresses - In order to comply with AS/NZS 4819:2011 Rural and Urban Addressing & the NSW Addressing User Manual (Geographical Names Board of NSW) and Georges River Council’s requirements, the street addresses for the subject development must be allocated as follows:

         

Dwelling description on plans

Lot number

Secondary address allocated

Secondary Dwelling

Lot 13 Sec 2 DP 1769

67A Millett Street Hurstville  NSW  2220

 

The primary address of 67 Millett Street, Hurstville, will remain unchanged.

 

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

 

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

 

21. 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

 

22. 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.

 

23. 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.

 

24. 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.

 

25. 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 Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

 

(f) 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.

 

Section F        During Construction

 

26. Physical connection of Stormwater to site - No work is permitted to proceed above the ground floor slab level of the building until there is physical connection of the approved stormwater drainage system from the land the subject of this consent to Council’s kerb and gutter directly in front of the subject development site.

 

27. 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.

 

28. 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.

 

29. 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.

 

30. 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.

 

31. 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.

 

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

 

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

 

Section G        Prior to the issue of the Occupation Certificate

 

33. Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate, the PCA must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards. A works-as-executed drainage plan and certification must be forwarded to the PCA and Council, from a professional engineer specialising in hydraulic engineering.

 

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

 

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

 

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

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

(c)  Details of any infiltration/absorption systems.

 

34. 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) 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.

 

35. 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) Pipe invert levels and surface levels to Australian Height Datum.

 

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

 

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

 

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

 

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

 

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

 

38. BASIX Certificate - All energy efficiency measures as detailed in the approved BASIX Certificate in the plans approved with the Development Consent, must be implemented before issue of any Occupation Certificate.

 

39. Driveways and parking spaces - Minor Development - Internal driveways and parking spaces are to be adequately paved with concrete or bitumen, or interlocking pavers to provide a dust-free surface.

 

40. 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.

 

41. Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

 

42. 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.

 

Section H        Operational Conditions (Ongoing)

 

43. Annual Fire Safety Statement - The owner of the building premises must ensure the Council is given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:

 

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

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

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

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

 

44. 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.

 

45. 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

 

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

 

47. 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.

 

48. 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.

 

49. 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.

 

50. 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.

 

51. 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.

 

52. 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

 

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

 

54. 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.

 

55. 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.

 

56. 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.

 

57. 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.

 

58. 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.

 

END CONDITIONS

 

NOTES/ADVICES

 

59. 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.

 

60. 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.

 

61. 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 4.53 of the Environmental Planning and Assessment Act 1979 as amended.

 

62. Building - Energy Efficiency Provisions - Should Council be appointed as the Principal Certifying Authority, a report prepared and endorsed by an Energy Efficiency Engineer or other suitably qualified person must be submitted, detailing the measures that must be implemented in the building to comply with Section J of the BCA. The proposed measures and feature of the building that facilitate the efficient use of energy must be identified and detailed on the architectural plans. At completion of the building and before the issue of an Occupation Certificate, a certificate certifying that the building has been erected to comply with the energy efficiency provisions must be submitted to the Principal Certifying Authority.

 

63. Council as PCA - Total Conformity with BCA - Council Appointed as the PCA - Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

 

(a) Fire separation, compartmentation and fire protective covering requirements of building elements including walls, floors and doors.

(b) Protection of openings located within external walls standing closer than 1.5m of the fire source feature.

(c)  Sound transmission and insulation details.

 

In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the BCA must be submitted to the Principal Certifying Authority with the Construction Certificate Application.

 

Should there be any non-compliance, an alternative method of fire protection and structural capacity must be submitted, with all supporting documents prepared by a suitably qualified person.

 

In the event that full compliance with the BCA cannot be achieved and the services of a fire engineer are obtained to determine an alternative method of compliance with the BCA, such report must be submitted to and endorsed by the Principal Certifying Authority prior to issue of the Construction Certificate.

 

64. 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.

 

65. 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.

 

66. 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.

 

67. 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).

 

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. DA2018/0057 and reference this condition number.

 

(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.

 

If you need more information, please contact the Development Assessment Planner, on 9330-6400 between 9.00am -11.00am business days.

 

 

ATTACHMENTS

Attachment 1

Site Plan - 67 Millet Street Hurstville

Attachment 2

Elevations Plan - 67 Millet Street Hurstville

Attachment 3

External colours and finishes - 67 Millet Street Hurstville

Attachment 4

Heritage Impact Statement - 67 Millet Street Hurstville

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP063-18              67 Millett Street Hurstville

[Appendix 1]           Site Plan - 67 Millet Street Hurstville

 

 

Page 230

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP063-18              67 Millett Street Hurstville

[Appendix 2]           Elevations Plan - 67 Millet Street Hurstville

 

 

Page 231

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP063-18              67 Millett Street Hurstville

[Appendix 3]           External colours and finishes - 67 Millet Street Hurstville

 

 

Page 232

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 13 December 2018

LPP063-18              67 Millett Street Hurstville

[Appendix 4]           Heritage Impact Statement - 67 Millet Street Hurstville

 

 

Page 235

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council – Local Planning Panel   Thursday, 13 December  2018

Page 288

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 13 December 2018

 

LPP Report No

LPP064-18

Development Application No

DA2018/0217

Site Address & Ward Locality

1-5 James Street Blakehurst

Blakehurst Ward

Proposed Development

Lot consolidation, demolition of all buildings,  construction of a part 4 part/5 storey residential flat building containing twenty three units, basement parking, service provision, drainage and landscaping works

Owners

PD Roberts, GC Evans, J and D Hatzikalimnos

Applicant

Antoine Saouma

Planner/Architect

Planner – Think Planning; Architect – Antoine Saouma

Date Of Lodgement

1/06/2018

Submissions

No submissions received

Cost of Works

$6,950,000

Local Planning Panel Criteria

Development to which State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development applies

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

Kogarah Local Environmental Plan 2012; Kogarah Development Control Plan 2013

State Environmental Planning Policy No 65 – Residential Apartment Development; SEPP 55 – Remediation of Land; SEPP (Vegetation in Non-Rural Areas) 2017; SEPP (BASIX) 2004;

 Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment; Draft SEPP (Environment)

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

Architectural Plans

 

 

 

Report prepared by

Team Leader Development Assessment

 

 

Recommendation

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

 

Yes – the development proposes a variation to the 15m height control contained in Kogarah LEP 2012 

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 as standard conditions for a residential flat building have been imposed.

 

Site Plan

Subject Site 1-5 James Street Blakehurst

 

EXECUTIVE SUMMARY

 

Proposal

1.           The development application (“DA”) seeks approval for lot consolidation, demolition of all buildings, construction of a part 4/part 5 storey residential flat building containing twenty three units, basement parking, service provision, drainage and landscaping works on the sites known as 1-5 James Street, Blakehurst.

 

2.           The proposed development features 3 x 3 bedroom units, 16 x 2 bedroom units and 4 x 1 bedroom units and a rooftop communal open space area. Access to the basement carpark is proposed from the eastern end of the site’s frontage to James Street.

 

Site and Locality

3.           The subject site is legally identified as Lot 1 DP 124073 and Lots B and C DP 340256, with a street address being 1-5 James Street, Blakehurst. The site is located at the south eastern corner of James Street and Vaughan Street Blakehurst.

 

4.           The site rectangular in shape and has a total site area of 1,362.9sqm. The site has frontages of 48.77m to James Street and 25.605m to Vaughan Street (with a 2.155m splay at the corner). The site comprises three existing residential allotments, each containing a detached dwelling house and detached outbuildings, all to be demolished as part of this application. The site has a slight cross-fall from the western side towards the east.

 

5.           The frontages of the sites are no parking areas, with the area between 5 James Street and Vaughan Street being no stopping returning into Vaughan Street.

 

6.           The site is in an area undergoing a transition from low to medium density residential development due to the recent (2017) rezoning associated with the Kogarah New City Plan. The existing surrounding context is characterised by low-density residential development to the north, west and south, however to the north east there is one large residential flat development under construction. To the east is a three storey mixed use commercial and residential development fronting the Princes Highway (with the bitumen car park of that development immediately adjoining the subject site). It is anticipated that the surrounding land will redevelop as medium density residential given the recent rezoning.

 

7.           The immediately adjoining site to the south (6-8 Vaughan Street) includes a detached dwelling house, although it is noted this adjoining site is the subject of a current DA which is under assessment for a new part four / part five-storey residential flat building development.

 

Zoning and Permissibility

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

 

Clause 4.6 variation – height

9.           The development seeks a variation to Clause 4.3 Height of Buildings under the provisions of the Kogarah Local Environmental Plan (KLEP) for the lift overrun and a portion of the rooftop common open space area, by up to 580mm over the maximum 15m height limit. It is noted that no habitable floor space exceeds the maximum prescribed height limit. The applicant has submitted a written request seeking to justify the contravention of the height standard, and the request is supported. This is discussed in more detail in the body of the report.

 

Submissions

10.         The DA was advertised and notified to neighbours in accordance with Kogarah DCP 2013, no submissions were received.

 

Referrals

11.         The DA was referred to a number of officers within Council, and also externally to the Roads and Maritime Services (RMS). The referral responses were generally supportive of the application as discussed in the body of this report.

 

Level of Determination

12.         The DA is referred to the Local Planning Panel for consideration and determination because it involves a residential flat building affected by State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development.

 

Conclusion

13.         The proposed development has been assessed using the heads of consideration listed in Section 4.15 of the Environmental Planning and Assessment Act 1979, and in particular against the requirements of the relevant Kogarah Local Environmental Plan (LEP) 2012 and Kogarah Development Control Plan (DCP) 2013.  The proposal generally complies, with sufficient justification provided for any variations.

 

14.         The proposal is considered satisfactory when assessed against the applicable planning controls and it is recommended for approval subject to conditions.

 

FULL REPORT

 

Description of Proposal

15.         Development consent is sought for lots consolidation, demolition of three existing dwellings (one on each of the allotments known as 1, 3 and 5 James Street) and ancillary structures on those allotments, and erection of a residential flat building containing 23 units comprising 3 x 3 bedroom, 16 x 2 bedroom and 4 x 1 bedroom units.

 

16.         The development also comprises two levels of basement parking with 39 parking spaces (34 resident and 5 visitor), together with landscaping works to embellish the development upon completion.

 

17.         Vehicle access is proposed from the eastern end of the site, via James Street.

 

Description of the Site and Locality

18.         The site is in an area undergoing a transition from low to medium density residential development due to the recent (2017) rezoning associated with the Kogarah New City Plan.

 

19.         The existing surrounding context is characterised by low-density residential development to the north, west and south, however to the north east there is one large residential flat development under construction. To the east is a three storey mixed use commercial and residential development fronting Princes Highway, with the bitumen car park of that development immediately adjoining the subject site.

 

20.         The frontages of the sites are no parking areas, with the area between number 5 James Street and Vaughan Street being no stopping returning into Vaughan Street.

 

21.         It is anticipated that the surrounding land will redevelop as medium density residential given the recent rezoning (see zoning map below).

 

22.         The immediately adjoining site to the south (6-8 Vaughan Street) includes a detached dwelling house, although it is noted that this adjoining site also has a current DA under assessment for a new part four/part five storey residential flat development.

 

23.         The following is a photo of the existing development on the subject site:

 

Existing Development on 1-5 James Street, viewed from James Street. Source: Site Inspection Photo.

 

PLANNING ASSESSMENT

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

 

Environmental Planning Instruments

 

Kogarah Local Environmental Plan 2012

 

Assessment Table – Kogarah LEP 2012 Development Standards

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

 

Clause

Standard

Proposed

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

The development is consistent with the aims of the plan

Yes

1.4 - Definitions

“Residential flat building”

The proposed development meets definitions

Yes

2.3 - Zone objectives and Land Use Table

Site is zoned R3 Medium Density Residential (see zoning map elsewhere in this report).

Meets objectives of R3 Medium Density zone.

Development must be permissible with consent.

The development meets the objectives and is permissible development with consent

Yes

2.7 - Demolition

Demolition is permissible with consent

Demolition is proposed as part of this application

Yes

4.1A – Minimum lot sizes for multi dwelling housing, residential flat buildings and seniors housing

1000sqm in R3 – Medium Density Housing zone

1362.9sqm

Yes

4.3 – Height of Buildings

15m as identified on Height of Buildings Map

Height (at highest points) are:

·    15.58m (at the top of the lift over-run)

·    15.2m (at the top of the parapet at 2 points of building)

No – refer to the CL4.6 discussion below

4.4 – Floor Space Ratio

1.5:1 (max 2044.35sqm) as identified on Floor Space Ratio Map

Total gross floor area 2017sqm or 1.48:1

Yes

4.6 Exceptions to development standards

Written request for variation must be considered

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

Yes

5.9 – Preservation of Trees or Vegetation

Trees proposed for removal are specified in DCP 2013

The DA seeks approval for removal of eight trees which has been considered and supported by Council’s Landscape Officer. Appropriate replacement planting is provided in the landscape plans which will be reinforced via conditions.

Yes

5.10 (5) – Heritage Assessment

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

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

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

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

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

Yes

6.1 – Acid Sulphate Soils

The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.

The site is identified as being affected by Class 5 Acid Sulphate Soils. The proposal is located within 100m of adjacent Class 1-4 Acid Sulphate Soils.

It is considered that the development will not lower the water table to an extent that would require detailed assessment in terms of Acid Sulphate Soils.

Yes

6.2 – Earthworks

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

Though the development involves construction of a basement car park, the level of excavation is satisfactory and commensurate with what would be expected for a development of this type and scale.

Yes

6.3 – Flood Planning

Requires assessment to minimise the flood risk to life and property associated with the use of land; to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change; and to avoid significant adverse impacts on flood behaviour and the environment.

 

The subject land is not flood affected

Yes

6.4 – Limited development on foreshore area

To ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area

The subject land is not located in a foreshore area

Yes

 

26.         The subject land is zoned R3 – Medium Density Residential under Kogarah LEP 2012. The proposed development is permissible with Council’s Development Consent under the provisions of Kogarah LEP 2012. The zoning map for the subject property and its surrounds is provided below.

 

Zoning map – site outlined in red

 

Clause 4.6 – Exceptions to Development Standards

 

Detailed assessment of variation to Clause 4.3 Height of Buildings

27.         The Height of Buildings Map (Map No 7) under Kogarah LEP 2012 prescribes a maximum building height of 15m.

 

28.         The development proposes a height of 15.58m (measured at the lift over-run) and 15.2m (measured at the top of the uppermost parapet), which does not comply with the 15m height control of the Kogarah LEP 2012. The extent of the non-compliance, at the highest point being the top of the lift over-run, is 580mm (0.58m) or 3.86% above the 15m height limit.

 

29.         The location and extent of the non-compliance is illustrated in the following drawings (north west elevation and the building height blanket drawing):

 

North west elevation, showing location of height non-compliances.

Source: Applicant’s DA plans, marked up.

 

Building height blanket drawing, showing location of the height non-compliances. Source: Applicant’s Statement of Environmental Effects, marked up.

 

30.         To support the non-compliance, the applicant has provided a request for a variation to Clause 4.3 in accordance with Clause 4.6 of KLEP 2012. This Clause 4.6 request for variation is assessed as follows:

 

Is the planning control in question a development standard?

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

 

What are the underlying objectives of the development standard?

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

 

(a)  to establish the maximum height for buildings,

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

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

 

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

 

Applicant’s Comments: The current development proposal seeks to depart from the height control for the top of the lift core and the fire stairs. Despite this, the proposal remaining consistent with the objectives of the clause and is a more appropriate outcome on the site because of the following:

 

·    The overall height of the development presents as a compatible form of development with only the top of the lift core exceeding the height limit. This upper level of the building is recessed in so that the top of the building will be less visually prominent when viewed from the street level and the height protrusion will not be visible from the adjoining properties which aligns with the intent of the planning controls contained within Kogarah LEP 2012.

 

·    The subject site has a significant fall from the west to the east with a drop of natural landform of approximately 3m. Although the building platform and basement areas are cut into the natural slope there is a balance required between excessive cutting into the natural land to form a level building platform that still appropriately address its street frontages.

 

·    The portion of the building that exceeds the height control does not contain any habitable floors space and accordingly does not represent an overdevelopment of the site. It is also noted that the development complies with the maximum FSR that applies to the site;

 

·    The additional height provides appropriate access for all to the roof top common open space areas.

 

·    It is also noted that the proposal will not obstruct existing view corridors as compared to a compliant built form.

 

·    The extent of variation does not contribute to any increase in overshadowing (hence the extent of impact is as per the impact generated by the permitted building envelope).

 

·    The minor non-compliance to the height control has no unacceptable impact on the setting of any items of environmental heritage or view corridors.

 

As outlined above the proposal remains consistent with the underlying objectives of the control and as such compliance is considered unnecessary or unreasonable in the circumstances. The above discussion demonstrates that there are sufficient environmental planning grounds to justify the minor departure from the control.

 

The unique circumstances of the case that warrant support of the departure are the need to provide a development that meets accessibility standards while at the same time developing in a site responsive manner, so the building platform does not necessitate excess cutting of the natural slope of the land.

 

Comment: The applicant’s justification is supported. As shown on the building height blanket drawing (above), most of the non-compliant portion is located towards the centre of the building and is set well back from the edges of the built form, and as such it will not be visible or discernible when viewed from street level.

 

Importantly, none of the non-compliant portion of the building relates to habitable space, rather it is only the lift over-run and the roof over the communal open space amenities.

 

The height of the building (as proposed) would result in minimal additional impacts of overshadowing or visual bulk, when compared to that of a compliant building, the addition shadowing will fall on the subject development, given it is located within the centre of the building.

 

The development is considered to be consistent with the objectives of Clause 4.3, and is acceptable despite the numerical non-compliance.

 

What are the underlying objectives of the zone?

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

 

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

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

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

 

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

 

The proposal ensures that the nature of the zone is retained and there is not a significant change to the character of the locality. In addition, the proposal complements and enhances the local streetscape by virtue of the careful siting of the development.

 

It is understood that the concurrence of the Secretary can be assumed in the current circumstances.

 

As addressed it is understood the concurrence of the Secretary may be assumed in this circumstance, however the following points are made in relation to this clause:

 

a)   The contravention of the building height control does not raise any matter of significance for State or regional environmental planning given the nature of the development proposal; and

b)   There is no public benefit in maintaining the development standard as it relates to the current proposal. The departure from the building height control is acceptable in the circumstances given the underlying objectives are achieved and it will not set an undesirable precedent for future development within the locality based on the observed building forms in the locality.

 

Strict compliance with the prescriptive building height requirement is unreasonable and unnecessary in the context of the proposal and its particular circumstances.

 

The proposed development meets the underlying intent of the control and is a compatible form of development that does not result in unreasonable environmental amenity impacts.

 

The proposal will not have any adverse effect on the surrounding locality, which has been earmarked for future development by virtue of its B1 zoning. The proposal promotes the economic use and development of the land consistent with its zone and purpose. Council is requested to invoke its powers under Clause 4.6 to permit the variation proposed.

 

Comment: The applicant’s commentary in relation to consistency with the zone objectives is supported. The development will contribute to broadening of the variety of housing types within this location, and will be consistent with the overarching intent of increased density and range of housing as a result of the recent (2017) up-zoning of this location.

 

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

34.         Clause 4.6(1):

The objectives of this clause are as follows:

 

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

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

 

Comment: Flexibility in applying the standard is appropriate in this case. The site has a cross-fall of between 2-3m from west to east, and as a result some small portions of the building exceed the maximum height, otherwise the development is compliant.

 

The variation (at the highest point of the building being the lift over-run) is proposed to ensure equitable access is available to the rooftop area. Such a height variation for a lift over-run is also a common feature of residential flat developments.

 

35.         Clause 4.6(2):

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

 

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

 

36.         Clause 4.6(3):

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

 

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

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

 

Comment: The applicant has provided a written variation request prepared by Think Planning Consultants. A copy of this Clause 4.6 request for variation is provided for the Panel’s consideration.

 

37.         Clause 4.6(4):

Development consent must not be granted for development that contravenes a development standard unless:

 

(a)  the consent authority is satisfied that:

 

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

 

Comment: The written request prepared by Think Planning adequately addresses the matters in subclause (3). Strict compliance with the standard is unreasonable and unnecessary because the development remains consistent with the objectives of the R3 zone and height of building standard as described above. There are sufficient environmental planning grounds to justify contravening the standard given that the non-compliance provides for an improved amenity outcome while resulting in no adverse environmental impacts. The lift overrun allows for equitable access to the rooftop communal open space area.

 

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

 

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

 

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

 

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

 

Conclusion – Assessment of Clause 4.6 Request for Variation

40.         The variation is considered minor in extent, being 580mm (0.58m) or 3.86% above the 15m height limit.

 

41.         In a recent Court decision Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ further clarified the correct approach in the consideration of clause 4.6 requests. This advice further confirms that clause 4.6 does not require that a development that contravenes a development standard must have a neutral or better environmental planning outcome than one that does not.

 

42.         As held in Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 at [39], Preston CJ confirmed (at[25]) that the test in 4.6 (4)(a)(i) does not require the consent authority to directly form the opinion of satisfaction regarding the matters specified. Rather, it needs to do so only indirectly in forming its opinion of satisfaction that the applicant’s written request has adequately addressed the matters required to be demonstrated.

 

43.         By contrast, the test in cl4.6(4)(a)(ii) requires that the consent authority must be directly satisfied about the matter in that clause (at[26]); namely that the development will be in the public interest because it is consistent with the objectives of the development standard and the objectives for development of the zone in which the development is proposed to be carried out.

 

44.         The Clause 4.6 request has been considered as shown in the above assessment. Overall, the non-compliance in this instance is acceptable and the applicant’s request is well founded. The variation will satisfy the objectives of both the zone and development standard and will be in the public interest.

 

State Environmental Planning Policies

 

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

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

 

46.         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.

 

47.         All stormwater from the proposed development can be treated in accordance with Council’s Water Management Policy and will satisfy the relevant provisions of the aforementioned deemed SEPP.

 

48.         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)

49.         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.

 

50.         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.

 

51.         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 regard to site contamination.

 

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

52.         Compliant BASIX certificates and BASIX-stamped plans have been submitted with the DA. Conditions of consent have been included to ensure the commitments required under the certificates will been satisfied with the proposed development.

 

53.         Note: Although amended plans were submitted, these were largely related to design of the basement carpark (car space dimensions, aisle widths, vehicle swept paths and sight triangles – as indicated in the Referral comments from Council’s Traffic Engineer – see Referral Comments later in this report). These amended plans did not alter the design of the building in a way that would require a new BASIX Certificate to be provided.

 

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

54.         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.

 

55.         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).

 

56.         The proposal involves the removal of vegetation; the proposal has been assessed in accordance with this SEPP. The application is considered acceptable in this regard.

 

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

57.         The Department of Planning and Environment have been working to develop a new SEPP for the protection and management of our natural environment. The policy will replace seven (7) existing SEPPs including the Greater Metropolitan Regional Environmental Plan No. 2 - Georges River Catchment by updating and consolidating relevant provisions.

 

58.         The new Draft Environment SEPP was exhibited from 31 October 2017 until the 31 January 2018. Engagement is now closed and feedback is currently being considered.

 

59.         As such, the draft plan is a consideration in the assessment of this application however given the timeframe for adoption is not yet imminent or certain, no further assessment is required. Irrespective of this, the proposed development has been assessed as not inconsistent with provisions of the Environmental SEPP.

 

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

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

 

61.         A design verification statement has been provided by the applicant Antoine J Saouma, Registered Architect (Registration No. 7412) in accordance with Clause 50 of the Environmental Planning and Assessment Regulation 2000.

 

62.         The application was referred to the Design Review Panel (DRP) for comment at the Pre-Lodgment stage for this development. The comments of the DRP have been considered and the plans have been amended for lodgment with the DA.  An assessment of the Design Quality Principles and the comments of the DRP are provided below.

 

Context and Neighbourhood Character

63.         Panel’s comment: The site is located close to the Princes Highway which has been up-zoned to R3 medium density. It has two (2) frontages to Vaughan Street and James Street and adjoins the car park of the hotel/bottle shop to the eastern side. To the south it adjoins an area also up-zoned to R3 but currently still occupied by single dwelling houses. To the north the sites on the opposite side of James Street have also been zoned R3 and appear very likely to be redeveloped to a similar density in the near future.

 

64.         Applicant’s response: The proposal is for a new residential development at the site described as Lots B and C DP 340256 and Lot 1 DP 124073 known as 1, 3, 5 James Street Blakehurst and is considered to be appropriate. The area is in a state of undergoing transition with low density residential being developed and replaced with medium density residential development. The proposal is consistent with the desired character of the locality and will not result in any unreasonable impacts on the surrounding properties. The site is a consolidation of 3 detached housing lots.  The development bulk and scale is offset by quality articulation and modulation so as to promote an aesthetically pleasing form when viewed from the street and surrounding properties. Overall the proposal will nicely integrate into the existing context.

 

65.         Assessing Officer’s comment: It is evident that the Panel’s comment, and the applicant’s response, correctly relate to the intended future character of this location. As shown in the Kogarah LEP 2012 zoning map (provided earlier in this report), the subject and immediately adjoining land is now zoned R3 Medium Density Residential with a 15m height limit.

 

66.         As one of the first residential flat developments in this immediate location, it is important that this development should comply with the key planning controls (eg height, floor space ratio and setbacks). The development fully complies except for a minor departure to the height control as discussed earlier in this report.

 

67.         The development is considered to be satisfactory in terms of its context and neighbourhood character.

 

Built form and scale

68.         Panel’s comment: The basic form of the building as proposed is acceptable in principle and complies with ADG setback requirements to the adjoining properties and approximates Council’s height and floor space controls. The following detailed issues were of concern and discussed with the applicant:

 

·    Refinement of the lobby area and the entrance space. This desirably should include seating and a covered entrance canopy.

·    Compliance with floor to floor height requirements, whilst achieving necessary accommodation of structure and services. The 2.9m floor to floor height as indicated is highly problematic.

·    Additional communal open space on an expanded roof garden with small enclosed room with amenities.

 

69.         Applicant’s response: The Design Review Panel has raised concerns in relation to specific matters. In response, the Applicant has provided the following comments:

 

70.         Lobby/entrance: The entry sequence to the building has been refined and a generous lobby has been incorporated into the revised proposal. The revised lobby provides adequate opportunities for causal surveillance from the street and to the street.

 

71.         Floor to floor heights: The floor to floor heights of the development have been increased to 3m. Detailed sections accompany the application demonstrates that this facilitates the provision of 2.7m floor to ceiling heights within habitable rooms. It is noted that fixed lights are intended to be provided to units (rather than down lights and further that ducted air-conditioning is not proposed). Given this, there is more certainty that 2.7m floor to ceiling heights are able to be achieved within the development.

 

72.         Rooftop Communal Open Space: The plans have been refined and additional rooftop communal open space has been provided.

 

73.         Assessing Officer’s comment: The DA plans represent a significant improvement from the pre-lodgment plans in relation to the three design issues of concern raised above. As a result, the proposal is considered to be acceptable in terms of built form and scale.

 

74.         In relation to the lobby entrance, the DA plans now show a considerably larger lobby (5.75m x 5.5m = 31.6sqm) with glazed entry doors to provide opportunities for casual surveillance, together with an entry canopy to the front. The enlargement of the lobby has been achieved through a revised layout of the lobby and the fire stairs immediately adjoining.

 

75.         In terms of the floor to floor heights, the applicant has increased these to 3m, and also provided detailed sections which confirm that 2.7m floor to ceiling heights can be achieved throughout the development.

 

76.         The rooftop communal open space has been significantly increased, as indicated in the following diagrams which show how the communal open space has been increased from the pre-lodgment to the DA plans.

 

Communal Open Space – Pre-DA Lodgment Plans

Source: Applicant’s Pre-Lodgment Plans, marked up

 

Communal Open Space – DA Plans. Source: Applicant’s DA plans, marked up.

 

Density

77.         Panel’s comment: The proposal complies with Council’s floor space ratio but applicant’s calculations to be verified.

 

78.         Applicant’s response: The proposal complies with the maximum FSR of 1.5:1 which is permitted under Kogarah City Council Local Environmental Plan. The density of dwellings and floor space yield proposed is considered appropriate for the site and its location. The area is in a state of transition with higher demand for housing. The availability and capacity of local infrastructure, public transport and recreational opportunities supports the density of the proposal. The site is located close to a bus stop on Princes Highway. The proposed FSR = 1.47:1.

 

79.         Assessing Officer’s comment: The Design Review Panel has raised no specific issues of concern in relation to density. The Floor Space Ratio of the development has been reviewed and calculated to be 1.47:1, which complies with the maximum of 1.5:1 prescribed in Kogarah LEP 2012. Overall the proposal is considered to be satisfactory in terms of density considerations.

 

Sustainability

80.         Panel’s comment: Subject to BASIX. Greening of roof top would be highly desirable.

 

81.         Natural ventilation to car park should be provided if at all possible.

 

82.         This is a location where it should be expected the 3hrs solar access should be achieved in mid winter rather than the 2hrs proposed in the submission.

 

83.         Applicant’s response: The proposal provides good opportunities for solar access and cross ventilation. Each unit floor plate is relatively small and cross ventilated while more than 70% of units receive 2 or more hours a day of direct solar access.

 

84.         All units have good size balconies with shade devices on the west and eastern façade. Insulation will be installed in between units. The proposal meets the NSW government BASIX requirements for water, energy and thermal efficiency. The building will be provided with natural gas, dual flush toilet system.

 

85.         Assessing Officer’s comment: As shown previously, the rooftop communal open space has been provided with perimeter planter boxes to improve amenity, as recommended by the Design Review Panel.

 

86.         In terms of basement car park ventilation, it is not possible to naturally ventilate the lower basement level as it is completely below ground, however the upper level provides sufficient ventilation.

 

87.         In terms of solar access, the orientation of the allotment is mostly east-west, and the building shape follows the shape of the allotment. Accordingly, most of the units face towards the east/west or north, and the design of individual units are such that they receive good solar access. This is discussed in more detail in the following assessment in terms of the Apartment Design Guide (below).

 

88.         Overall, the proposal is satisfactory in terms of Sustainability considerations.

 

Landscape

89.         Panel’s comment: Care must be taken to protect trees growing on adjacent properties which have Tree Protection Zones extending on to the subject site. The applicant should appoint an arborist to identify these Tree Protection Zones and the zones must be shown on all drawings.

 

90.         Ground floor open space where indicated is not desirable as a communal space. It is preferred to expand the area of roof garden for this purpose.

 

91.         Every endeavour should be made to conserve any significant trees on the site (and adjacent to the site).

 

92.         Provide direct pedestrian access to street fronting ground floor units.

 

93.         The applicant should attempt to provide deep soil along the boundary with the car park and ensure medium/large canopy tree planting (for environmental, microclimate and screening purposes).

 

94.         Desirably the roof top communal open space should be expanded to include the “gravel ballast” area and provision of a small enclosed amenities and common room.

 

95.         Ensure that adequate screening to roof garden is provided to prevent overlooking of neighbouring properties and ensure that structure does not overshadow neighbours.

 

96.         Provide arborists report regarding existing trees on site and adjacent and methods proposed for conservation.

 

97.         Applicant’s response: The landscape plan proposes the planting of good landscaping species in accordance with Council guidance DCP that directs applicants to provide appropriate species that will survive in this hot, dry climate. The proposal has a significant amount of landscaped amenities, 30% = 415sqm of the site is deep soil planting.

 

98.         Assessing Officer’s comment: The Design Review Panel has reviewed the plans presented at the Pre-lodgment stage, and the Panel has raised a number of issues in relation to landscaping.

 

99.         These have been substantially addressed in the applicant’s DA submission. In particular:

 

·    Council’s Landscape Officer has reviewed the proposal and advised that it is satisfactory both in terms of impacts on neighbouring trees as well as the quality of the landscape scheme proposed within the development site.

·    The communal open space on the rooftop has been significantly enlarged from what was presented on the Pre-lodgment plans.

·    Deep soil planting is available around the perimeter of the site, which includes space for planting of substantial trees.

 

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

 

Amenity

101.       Panel’s comment: Generally appears to be satisfactory.

 

102.       Applicant’s response: The internal layout of the units maximise the opportunity for the balconies to be an extension of the living areas through wide openings. A high level of privacy is ensured, living spaces and open spaces face north east and west.

 

103.       The units will access 2 hours of sun daily.

 

104.       The apartment sizes comply with the ADG.

 

105.       The privacy is well maintained with privacy louvre proposed on balconies and windows facing the neighbours.

 

106.       Passive surveillance is maximise on James and Vaughan Street.

 

107.       Assessing Officer’s comment: The orientation of the site assists to ensure that the majority of units achieve good solar access. Overall it is considered that the development demonstrates a high level of amenity in terms of room dimensions and layout, sunlight access, natural ventilation, outlook, visual and acoustic privacy, storage and private open space.

 

Safety

108.       Panel’s comment: Satisfactory.

 

109.       Applicant’s response: The development will be lit throughout with use of low level lighting facilities along pedestrian access points into the building from the street.

 

110.       The basement parking will be lit avoiding dark spots.

 

111.       One clear entry is proposed to residents.

 

112.       Car entry is secure and independent from the pedestrian entry.

 

113.       Assessing Officer’s comment: The proposal is considered to be satisfactory in terms of safety. There was some concern raised during the Pre-lodgment assessment in terms of the main front entry to the building, however this has been significantly improved in the DA plans and is considered to be satisfactory.

 

Housing Diversity and Social Interaction

114.       Panel’s comment: The mix of units appears to be acceptable.

 

115.       See comments above under ‘Landscape’ regarding communal area.

 

116.       Applicant’s response: The proposal is for 23 units over part 4 and part 5 storeys.

 

117.       There are 4x1 bedroom units and 16 x 2 and 3 x 3 bedroom units including 3 adaptable units.

 

118.       A central lobby with a vertical circulation will connect all levels.

 

119.       The privacy is well addressed.

 

120.       Assessing Officer’s comment: The proposal is considered to be acceptable in terms of Housing Diversity and Social Interaction. The development provides a good mix of units which will contribute to housing diversity and choice available to the community. Further, the development provides opportunity for shared communal open space with generous communal areas at the rooftop level of the development.

 

Aesthetics

121.       Panel’s comment: The proposal requires further design development before any comments can be made, particularly in relation to the expression of the main entrance area. The elevational treatment to both streets requires significant improvement particularly at street level.

 

122.       Applicant’s response: The building has been designed in a contemporary style in materials.

 

123.       A variety of materials, textures are used to create a building with a consistent theme.

 

124.       The development will provide a positive contribution to the streetscape of James and Vaughan Street.

 

125.       Assessing Officer’s comment: The proposed development is one of the first residential flat developments in this location of Blakehurst on the western side of the Princes Highway. Previously, the character was a low-density residential area with single detached dwelling houses one to two storeys in height, and the expected future character is now one of residential flat developments up to the 15m height limit.

 

126.       Therefore, it is considered to be important that as one of the first residential flat developments in this up-zoned area, this development provides a high quality in terms of design, built form and external appearance.

 

127.       The building is designed in contemporary materials and external finishes. There will be a mixture of face brick with rendered external walls, with the use of privacy screens and shade structures (over windows) to provide a wide range of colours and external finishes.

 

128.       Further, there will be minimal use of ancillary structures (such as ramps, hydrants etc) within front setback area (to James Street), which often detracts from the external appearance of new residential flat developments. Overall, the proposal is considered to be satisfactory in terms of aesthetics.

 

Clause 28 – Consideration of Apartment Design Guide

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

 

Clause

Standard

Proposal

Complies

Objective 3D-1

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

Communal open space (on the rooftop) = total 315.29sqm or 23.1% of site area

No – refer to discussion below

 

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

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

Yes

Objective 3E-1

Minimum 7% deep soil zone

415sqm or 30.4%

Yes

 

Deep soil zone to have minimum 3m dimension

The 3m dimension is met.

Yes

Objective 3F-1

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

·    Habitable rooms: 6m

·    Non-habitable: 3m

 

5-8 storeys:

·    Habitable rooms: 9m

·    Non-habitable: 4.5m

 

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

Site does not adjoin a low-density residential zone.

 

Site only has adjoining boundaries to the south and east.

 

Development setbacks are 6m to southern boundary; and 6.3m to eastern boundary.

Yes

Objective 3J-1

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

 

This results in a requirement of 39 spaces (34 residential and 5 visitor) as per DCP 2013.

(See detailed discussion under KDCP 2013 assessment below).

Total of 39 spaces

34 – resident

5 - visitor

Yes

 

Objective 4A-1

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

19 of the 23 dwellings received the 2 hours of sunlight equating to 82.6%

Yes

 

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

4 of the 23 dwellings being 17.4% receive no direct sunlight between 9am and 3pm at mid-winter

No – refer to discussion below

Objective 4B-3

60% of apartments to be naturally cross ventilated

19 of the 23 dwellings being 82.6% are cross ventilated

Yes

Objective 4C-1

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

2.7m for all rooms

Yes

Objective 4D-1

Apartments to have the following minimum internal areas:

·    1-bed: 50sqm

·    2-bed: 70sqm

·    3-bed: 90sqm

Additional bathrooms increase the requirement by 5sqm.

1 bedroom dwellings are min 62sqm

 

2 bedroom dwellings are min 76sqm

 

3 bedroom dwellings are min 97sqm

 

Yes

 

 

Objective 4D-2

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

Within range

Yes

 

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

Within range

Yes

Objective 4D-3

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

All bedrooms comply

Yes

 

Bedrooms have a minimum dimension of 3m excluding wardrobe space

All bedrooms comply

Yes

 

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

All living rooms comply

Yes

Objective 4E-1

All apartments are required to have primary balconies as follows:

·    2-bed: 8sqm area and 2m depth

·    3-bed: 12sqm area and 2.4m depth

All balconies comply in terms of minimum area and depth requirements

Yes

 

 

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

All ground level dwellings units have private open space area and width that comply with these requirements

Yes

Objective 4F-1

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

Ground floor = 6

Levels 1 and 2 = 6

Level 3 = 5

Level 4 = 1

Yes

Objective 4G-1

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

· 1-bed: 6 cubic metres

· 2-bed: 8 cubic metres

· 3-bed: 10 cubic metres

Each unit has the required amount of storage either in the unit itself or the basement

Yes

 

Communal Open Space

130.       The ADG recommends communal open space of 25% of the site area, or 340.72sqm (site area of 1362.9sqm). The combined area of the rooftop communal open space is 315.29sqm or 23.1% which does not comply with the ADG.

 

131.       The location of the communal open space is provided in a diagram earlier in this report.

 

132.       Despite the non-compliance, the proposal is considered to be acceptable in terms of communal open space for the following reasons:

·    The extent of the non-compliance is numerically minor being approximately 7% less than the minimum required.

·    The private open space areas for the ground floor units are extremely generous in size. These could possibly present an opportunity for additional communal open space, however such space if provided at ground floor level would be relatively small as communal areas. Accordingly, they would be better used as private open space rather than communal space.

·    The communal open space at the rooftop area is provided in two separate areas (148.73sqm and 166.56sqm) which will provide good opportunities for social interaction and recreation with good solar access and privacy for neighbouring properties.

 

133.       Overall it is considered that the rooftop communal open space area satisfies the applicable objectives and is acceptable despite the numerical non-compliance.

 

Solar Access

134.       The ADG recommends that a maximum of 15% of units receive no direct sunlight between 9am and 3pm mid winter.

 

135.       The development proposes 4 of the 23 units (units 3, 8, 14, 19) (ie 17%) which receive no direct sunlight between 9am and 3pm mid winter, which does not comply with the ADG criterion.

 

136.       The location of these units is generally on the southern side of the central lobby and it is not possible to provide the required amount of direct sunlight to these units. The position of these units within the floor plan is consistent with the plan below.

 

Floor plan of levels 1-2 showing the general position of units that do not receive direct sunlight

Source: Applicant DA floor plans (edited and blocked for privacy reasons).

 

137.       Despite the non-compliance with the ADG criterion, the proposal is considered to be acceptable for the following reasons:

 

·    The land has a shape and orientation which results in the building being long/narrow in an east/west orientation. As a result, with the design of the building, it is inevitable that one of the units on each floor will be on the southern side and unable to receive direct sunlight.

·    The building is designed so that most of the units are on the northern side, with others on the east and west side. Therefore, overall, the units in the development will receive an excellent level of solar access.

 

Draft Environmental Planning Instruments

138.       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.

 

Any other matters prescribed by the Regulations

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

 

Development Control Plans

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

 

Control

Provision

Proposal

Complies

PART B – GENERAL CONTROLS

B2 Tree Management and Greenweb

Compliance with provisions of Clause 5.9 Preservation of Trees or

Vegetation of KLEP 2012 must be achieved.

Consent sought for removal of 8 trees/shrubs over the three properties forming the subject site.

 

Tree removal has been assessed by Council’s Landscape Officer and considered satisfactory subject to conditions of consent for replacement planting.

 

The Landscape Plan nominated replacement planting.

 

Note: An appropriate condition is imposed for landscaping in accordance with the submitted Landscape Plan

Yes

B3 – Development near busy roads and rail corridors

Acoustic assessment for noise sensitive development may be required if located in the vicinity of a rail corridor or busy roads

Subject site is approx. 50m from Princes Highway.

 

Acoustic report by Acoustic, Vibration & Noise Pty Ltd has been submitted with the DA.

 

This has been assessed as satisfactory by Council’s Environmental Health Officer subject to conditions.

 

Note: An appropriate condition has been imposed for compliance with the Acoustic Report.

Yes

B4 Parking and Traffic

4 x 1 bedroom units = 1 space per unit required.

4 spaces required.

 

16 x 2 bedroom units

= 1.5 spaces per unit.

24 spaces required.

 

3 x 3 bedroom units = 2 space per unit

6 spaces required.

 

1 visitor space per 5 units.

23 units require 4.6 spaces equating to 5 visitor spaces.

 

Total required = 34 resident and 5 visitor = 39 spaces required.

34 resident spaces and 5 visitor spaces provided.

 

A total of 39 car spaces provided.

 

The DCP also requires 1 designated wash bay which can be a visitor space.

 

This will be required as a condition.

Yes

 

1 space per 3 dwellings (8 spaces required)

+

1 space per 10 dwellings for visitors (3 spaces required)

Required bicycle parking shown on upper level basement plan

Yes

 

Car park access and layout to comply with relevant Australian Standards

Complies with relevant Australian Standard. The design of the parking area has been assessed by Council’s Traffic Engineers as satisfactory

Yes

B5 – Waste Management and Minimisation

Submit waste management plan

WMP submitted and considered satisfactory.

Yes

B6 – Water Management

All developments require consideration of Council’s Water Management Policy

A Concept Stormwater Plan has been submitted with the application. The plan has been assessed by Council’s Development Engineers as satisfactory subject to conditions

Yes

B7 Environmental Management

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

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

 

Development is BASIX-compliant.

 

Note: Although amended plans were submitted, a BASIX Certificate was not required, because the changes were largely related to the basement car park and did not change the design of the building.

Yes

PART C2 – MEDIUM DENSITY HOUSING

1. Site isolation and amalgamation for medium density development

Adjoining sites not to be left isolated.

 

Site amalgamation requirements apply for specific sites.

Development does not cause any site isolation.

 

Site is not subject to any amalgamation requirement.

Yes

2. Specific precinct controls – residential flat buildings

Specific precinct controls apply to various sites and locations

Site is noted located in a special precinct

NA

4. Medium site and density requirements. Contains frontage and site area per dwelling requirement.

20m minimum frontage for residential flat building

48.77m to James Street, 25.605m to Vaughan Street.

Yes

 

1.1sqm of site area per sqm of dwelling.

 

NOTE: The above DCP control is over-ridden by KLEP 2012 minimum lot size requirement which is 1000m2.

Site Area 1362.9sqm, which complies with the LEP requirement. Satisfactory.

Yes

5. Height and building envelope requirements

4 storey RFBs have a “H1” height control of 12m; and a “H2” height control of 14m.

 

(method for calculating these heights are discussed in detail in KDCP 2013)

Development has maximum height as follows:

·    15.58m (at top of lift over-run)

·    15.2m (at top of parapet at 2 points of building)

No – refer to discussion below

6. Building setbacks

Front setbacks:

Maximum 75% of width of bldg. to be setback minimum 5m, remainder 25% being setback minimum 7m

Front setback to James Street ranges from 5m to 8.232m.

 

Secondary front setbacks to Vaughan Street ranges from 5m to 7.788m.

 

The portion at 5m (from both street frontages) is less than 75% of the building width.

 

Front setbacks are satisfactory.

Yes

 

Side/rear setbacks: 3m + one quarter of the amount that the wall height exceeds 3m.

 

[3m = (¼ x 12m)] = 6m required.

The development provides a minimum 6m setbacks from the eastern and southern sides. Complies with DCP.

Yes

7. Site coverage

Maximum 45%

615sqm or 45%

Yes

8. Open space

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

Ground Floor POS: minimum size is unit 5 with 43sqm. All units have 3m minimum dimension.

 

All other units have balconies exceeding 12sqm with a minimum dimension 3m.

Yes

 

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

 

COS requirement under DCP 2013 is 30sqm x 23 units = 690sqm

 

NOTE: This is over-ridden by the ADG, as discussed earlier in this report.

The development has combined common open space at the rooftop of 315.29sqm

 

 

No – refer to discussion below

 

Maximum 55% impervious area

Impervious area is 947.9sqm or 69.5%

No – refer to discussion below

9. Vehicular access, parking and circulation

Car parking to be provided in accordance with Part B4

Calculations provided above. DCP requirement is 39 spaces, development provides 39 spaces which complies.

Yes

 

Garages to be accessed from rear lane where available

Access off James Street, no rear lane available

Yes

 

All residential flat buildings to provide car wash bay

No car wash bay provided designated on plans. Address via condition

Yes (to be conditioned)

11. Solar access

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

This DCP control is over-ridden by the ADG control.

 

The development is satisfactory in terms of the solar access provisions of the ADG.

Yes (ADG)

 

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

Adjoining dwelling at 6 Vaughan Street is due south of the subject site and will be affected by overshadowing

No – refer to discussion below

12. Views and view sharing

Provide for reasonable sharing of views

The location does not have significant views. Development generally complies with height requirements and is reasonable in terms of view sharing.

Yes

13. Adaptable and accessible housing

3 adaptable units required for developments with 21-30 units

3 adaptable dwellings nominated

Yes

 

Height and Building Envelope

141.       Kogarah DCP 2013 contains height and building envelope controls for residential flat building developments. These state that a 4 storey residential flat buildings are to have a “H1” height control of 12m; and a “H2” height control of 14m, where the “H2” height control is at a 45o angle from the H1 control. This is explained in the following diagrams.

 

Height and Building Envelope controls in Kogarah DCP 2013

 

142.       The development proposes a height of 15.58m (top of lift over-run) and 15.2m (top of parapet at 2 points of the building) which does not comply with the height control in Kogarah DCP 2013. Despite the numerical non-compliance, the proposal is considered to be acceptable for the following reasons:

 

·    The non-compliance has resulted from the recent (May 2017) gazettal of the “New City Plan” as an amendment to Kogarah LEP 2012, which prescribed a new 15m height control for the subject land under the Kogarah LEP 2012.

 

·    The height controls in KDCP 2013 are inconsistent with those in the LEP. In the hierarchy of planning controls, LEP provisions take precedence over those in the DCP.

 

·    The development is consistent with the intended outcome as per the recently gazetted New City Plan, which is to increase building heights and densities in the Kogarah area.

 

·    The development substantially complies with the 15m height control prescribed in KLEP 2012, except for minor breaches as previously discussed. A clause 4.6 request for a variation has been submitted to the minor height breach, as discussed earlier in this report.

 

·    This development is consistent with recent judgements in the NSW Land and Environment Court. In particular, in Michael Murr v Georges River Council [2017] NSWLEC1369,

 

…The parties agreed that there was a conflict between the provisions applying to the site under the DCP and those contemplated under LEP Amendment 2, in particular with regard to the height and density, and therefore the height, bulk and scale, of any development in the R3 Precinct…

 

The Council had initiated amendments to the DCP to align with LEP Amendment 2. However, in November 2013, the Council resolved not to progress these amendments pending a forthcoming Housing Strategy review.

 

There are therefore no current or draft site specific DCP provisions that apply to the site or to the R3 Precinct in which it is located which reflect or respond to the development standards contained in LEP Amendment 2.

 

143.       Accordingly, the development is considered to be acceptable in terms of height despite the numerical non-compliance with Kogarah DCP 2013.

 

Communal Open Space

144.       Kogarah DCP 2013 contains a common open space requirement of 30sqm per dwelling, which equates to 690sqm for this development (of 23 units). The development proposes two common open space areas on the rooftop with a total area of 315.29sqm is substantially less than the DCP requirement.

 

145.       It is noted that the ADG also prescribes a communal open space requirement of 25% of the site area, which equates to 340sqm. The extent of the departure from the ADG recommendation is very minor (24.71sqm or 7%). The recommendation of the ADG prevails over the requirement of DCP 2013.

 

146.       As discussed in the previous assessment regarding ADG compliance, the proposal is considered to be acceptable in terms of communal open space, the area provided is generous, and will provide good opportunities for social interaction and recreation with good solar access and privacy for neighbouring properties.

 

147.       Overall it is considered that the rooftop communal open space area satisfies the applicable objectives and is acceptable despite the numerical non-compliance.

 

Impervious Area

148.       Kogarah DCP 2013 prescribes a maximum impervious area requirement of 55%. The development has been calculated to have an impervious area of some 947.9 or 69.5%, which does not comply with the DCP requirement.

 

149.       Despite the non-compliance with the DCP control, the proposal is considered to be acceptable for the following reasons:

 

·    The development provides substantial deep soil areas which comply with the DCP controls.

 

·    The objectives of this control in the DCP include provision of open space for planting of trees as well as landscape amenity to the dwellings. In this regard, the DA documentation has included a landscape plan which includes a mix of shrub and tree planting to enhance the appearance of the development in a landscaped setting.

 

·    The objectives of the DCP control also relate to reducing stormwater runoff and the potential for local flooding. In this regard, the submitted stormwater plan shows that water from the development’s hard surface areas will be captured and disposed of into Council’s stormwater drainage system. In this regard, the proposed stormwater plan has been assessed as satisfactory by Council’s Development Engineer.

 

150.       Overall, the proposal is considered to be satisfactory in terms of impervious area, despite the numerical non-compliance with the DCP control.

 

Solar Access

151.       Kogarah DCP 2013 contains controls relating to solar access. The controls in relation to overshadowing of neighbouring properties state that neighbour’s private open space and living areas to maintain 3 hours of sunlight mid-winter.

 

152.       The affected adjoining property in this instance is 6 Vaughan Street, located directly to the south of the subject site. This property presently contains a 2 storey detached dwelling with rear yard that will be significantly overshadowed by the proposed development, and would not comply with the above DCP requirement.

 

153.       However it is noted that the adjoining property is the subject of a DA for a residential flat building currently under assessment with Council.

 

154.       Despite the DCP non-compliance, the proposal is considered to be acceptable for the following reasons:

 

·    As mentioned previously, the subject land is part of an area that has been recently up-zoned from R2 Low Density Residential to R3 Medium Density Residential, to allow residential flat developments similar to that which is proposed under the current DA.

 

·    The resulting increase in zoning potential will result in an increase in overshadowing impacts compared to the existing situation.

 

·    The shape and orientation of the land results in a development site which is relatively shallow in depth (27.125m) with the land running in an east-west orientation. With these allotment characteristics, it is inevitable that the development will result in a built form that has a significant overshadowing impact on the neighbouring property to the south.

 

·    The development substantially complies with the height requirement of Kogarah LEP 2012, except for a minor variation at the lift over-run and top of the parapet. Neither of these design components of the development will cause significant overshadowing of the neighbouring property.

 

155.       Accordingly, the proposal is considered to be acceptable in terms of overshadowing of neighbouring properties.

 

IMPACTS

 

Natural Environment

156.       The development is unlikely to have adverse impacts on the natural environment. Basement excavation is proposed, however the extent of the excavation is consistent with what would be expected for a residential flat development, and the development is unlikely to adversely impact on existing drainage patterns and soil stability in the locality. The proposed tree removal has been assessed as satisfactory by Council’s Landscape Officer subject to planting of replacement trees.

 

Built Environment

157.       The proposed development is unlikely to have adverse impacts on the built environment. The development achieves a bulk and scale suitable to the existing and desired future character of the locality, and provides a form with visual interest that responds to the slope of the land. Though the development varies from a number of controls in Kogarah LEP 2012 and DCP 2013, the extent of the variations are acceptable as discussed throughout this report.

 

Social Impacts

158.       The development would contribute additional housing stock to the area and cater to the needs of families by providing a range of dwelling sizes through a mix of one bedroom, two bedroom and three bedroom units. There will be minimal adverse social impacts associated with this development.

 

Economic Impacts

159.       The development will have positive short term economic benefit associated with construction employment and minimal adverse economic impacts over the longer term.

 

Suitability of the Site

160.       Council’s mapping system has been reviewed in terms of possible site constraints (such as flooding, land subsidence etc), and there are no constraints that would render the land as unsuitable for the proposed development.

 

SUBMISSIONS

161.       The DA was advertised and notified to neighbours in accordance with Kogarah DCP 2013, for a period from 25 June to 11 July 2018. No submissions were received from Council as a result of this process. Note: Although amended plans were received during processing of this DA, as mentioned previously, these were largely related to the design of the basement car park and did not alter the design of the building. Accordingly, re-notification to neighbours was not required.

 

REFERRALS

162.       The DA was referred to a number of officers within and outside Council. The comments of these officers are outlined as follows.

 

Council Referrals

 

Waste Management Officer

163.       Council’s Waste Management Officer has provided the following comments in relation to the proposed development:

 

The property requires 12 garbage bins collected once and week and 12 recycling bins collected once a week. Bin rooms on each floor are acceptable all bins need to be transported to the bin room.

 

All bins need to be taken from the bin room to kerbside for collection.

 

The waste room will contain the following to minimise odours, deter vermin, protect surrounding areas, and make it a user-friendly and safe area:

·    waste room floor to be sealed;

·    waste room walls and floor surface is flat and even;

·    all walls painted with light colour and washable paint;

·    equipment electric outlets to be installed 1700mm above floor levels;

·    The bin storage rooms will be mechanically exhausted as required by AS 1668.2;

·    light switch installed at height of 1.6m;

·    waste rooms must be well lit (sensor lighting recommended);

·    optional automatic odour and pest control system installed to eliminate all pest

·    types and assist with odour reduction - this process generally takes place at

·    building handover - building management make the decision to install;

·    all personnel doors are hinged and self-closing;

·    waste collection area must hold all bins - bin movements should be with ease of access;

·    conform to the Building Code of Australia, Australian Standards and local laws; and childproofing and public/operator safety shall be assessed and ensured.

·    Occupational Health and Safety issues such as slippery floors in waste rooms and the weight of the waste and recycling receptacles will need to be monitored.

·    Cleaners will monitor the bin storage area and all spills will be attended to immediately by cleaners.

 

164.       Assessment Officer’s Comment: It is evident that the Waste Management Officer raises no objection to the proposal and that the above matters will be addressed as conditions of consent.

 

Environmental Health Officer

165.       Council’s Environmental Health Officer has reviewed the proposal and provided the following comments:

 

The Preliminary Site Investigation report found that the site has only ever been residential and is unlikely to pose a risk of contamination.

 

However the geotechnical consultant’s report states:

 

The site can be made suitable for the proposed development in its current state, subject to the following recommendations.

·    Site investigation by DD post demolition, to identify and potential areas of contamination;

·    Preparation of a clearance certificate is asbestos is identified;

·    Contamination sampling to confirm the absence of lead paint contamination;

·    Undertake council, work cover searches and address data gaps including council searches.

 

These recommendations will be included in the conditions below.

 

The Environmental Health Section has assessed the proposed subject development in accordance with the Protection of the Environment Operations Act.  The assessment also includes the review of:

·    The Stage 1 Environmental Investigation report (DDE-240_1) prepared by The Dirt Doctors dated 7 June 2018.

·    The acoustic report prepared by Acoustic, Vibration & Noise Pty Ltd dated 23 may 2018.

 

The Environmental Health Section has no objection to the development subject to the following conditions.

 

166.       Assessment Officer’s Comment: Appropriate conditions of consent will be included to address the comments of the Environmental Health Officer.

 

Landscape Officer

167.       Council’s Landscape Officer has reviewed the proposal in terms of both tree removal and replacement landscaping in the landscape plan. No objections were raised, appropriate conditions of consent provided.

 

Traffic Engineer

168.       Council’s Traffic Engineer had initially raised the following issues of concern in relation to the proposal:

 

·    A Traffic Generation Report will need to be provided along with a SIDRA analysis of the nearby intersections. The traffic report will also need to highlight Councils’ DCP requirements.

·    Car Spaces 1, 14, 22, 34 are not compliant. The aisle shall be extended a minimum of 1m beyond the last car space. The last car space should be 3.4m with the 1m included allowance. This is evident in the swept paths provided. The wider parking space does not compensate for the lack of a blind aisle extension.

·    Swept path for car space 33 shows the vehicle encroaching onto the storage spaces. Allowances to be provided to ensure a clear swept path.

·    Swept paths to be re submitted with the adjustments.

·    Minimum sight triangles on the left-hand side of the driveway to be provided, in accordance with Fig 3.3 of AS2890.1

 

169.       The applicant was requested to provide this information prior to determination, and did so on 21 September 2018. The additional information was referred back to the Traffic Engineers for comment.

 

170.       In response, the Traffic Engineer advised that they reviewed the amended submitted plans and are satisfied. An intersection model was requested, however as RMS have stated that they are happy with the traffic generation from the development this won’t be required.

 

Stormwater

171.       Council’s Drainage Engineer has advised that in the Pre-Lodgment meeting a connection into the existing pipe/pit in the street was requested, however the applicant’s consultant drainage engineer has spoken/discussed with Council’s Asset engineer who permitted the connection to the street kerb, with a maximum discharge of 25l/s to the street kerb as per the former Kogarah Council’s practice.

 

172.       On this basis, no objections were raised subject to conditions to be imposed.

 

External referrals

 

Roads and Maritime Services

173.       The DA was referred to the NSW Roads and Maritime Services for its proximity to Princes Highway. In response, by letter dated 7 August, the NSW RMS have advised that they have reviewed the application and raise no objection as it is unlikely to have a significant impact on the local road network.

 

CONCLUSION

174.       The proposal has been assessed using the matters for consideration listed in Section 4.15 and 4.16(1) (a) of the Environmental Planning and Assessment Act 1979.

 

175.       Based on this assessment, the proposal is generally considered to be satisfactory for approval subject to appropriate conditions.

 

176.       There are some areas of non-compliance with the applicable planning controls contained in Kogarah LEP 2012, Kogarah DCP 2013, as well as the Apartment Design Guide (ADG). However these areas of non-compliance are minor and justifiable as discussed throughout this report.

 

DETERMINATION AND STATEMENT OF REASONS

 

177.       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

 

178.       Determination

THAT Georges River Council supports the request for variation under Clause 4.6 of Kogarah LEP 2012, in relation to the height controls contained in Clause 4.3 of Kogarah LEP 2012.

 

FURTHER THAT pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act, 1979, Georges River Council grant development consent to Development Application DA2018/0217 for lot consolidation, demolition of all buildings, construction of a part 4/part 5 storey residential flat building containing twenty three units, basement parking, service provision, drainage and landscaping works at Lot 1 DP 124073 and Lots B and C DP 340256 and known as 1-5 James Street, Blakehurst, subject to the following conditions of consent:

 

Section A    Development Details

 

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

 

Description

Reference No.

Date

Revision

Prepared By

Site Analysis

2117 DA 00

Jan 2018

A

Antoine Saouma

Lower Basement

2117 DA 01

19 Sept 2018

B

Antoine Saouma

Upper Basement

2117 DA 02

19 Sept 2018

B

Antoine Saouma

Ground Floor

2117 DA 03

19 Sept 2018

B

Antoine Saouma

Level 1&2 Floor Plan

2117 DA 04

Jan 2018

A

Antoine Saouma

Level 3 Floor Plan

2117 DA 05

Jan 2018

A

Antoine Saouma

Level 4 Floor Plan

2117 DA 06

Jan 2018

A

Antoine Saouma

Roof & Site Plan

2117 DA 07

19 Sept 2018

B

Antoine Saouma

Section AA-BB

2117 DA 08

19 Sept 2018

B

Antoine Saouma

Section CC-DD-EE

2117 DA 09

Jan 2018

A

Antoine Saouma

Elevations

2117 DA 10

Jan 2018

A

Antoine Saouma

Elevations

2117 DA 11

Jan 2018

A

Antoine Saouma

Site Management & Demolition Plan

2117 DA 20

Jan 2018

A

Antoine Saouma

Stormwater Drainage/Sediment Control Details

1925 S1/5

31 May 2018

B

John Romanous and Associates

Stormwater Drainage/Sediment Control Details

1925 S2/5

31 May 2018

B

John Romanous and Associates

Stormwater Drainage/Sediment Control Details

1925 S3/5

31 May 2018

B

John Romanous and Associates

Stormwater Drainage/Sediment Control Details

1925 S4/5

31 May 2018

B

John Romanous and Associates

Stormwater Drainage/Sediment Control Details

1925 S5/5

31 May 2018

B

John Romanous and Associates

Landscape Concept Plan

18100 DA1-2

30 May 2018

A

Vision Dynamics

Landscape Concept Plan

18100 DA2-2

30 May 2018

A

Vision Dynamics

 

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 (e.g. Opening the road for the purpose of connections to utility providers);

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

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

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

 

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

 

The relevant Application Forms for these activities can be downloaded from Council’s website www.georgesriver.nsw.gov.au.  For further information, please contact Council’s Customer Service Centre on (02) 9330 6222.

 

3.          Below ground anchors - Information to be submitted with S68 Application under LGA 1993 and S138 Application under Roads Act 1993 - In the event that the excavation associated with the basement carpark is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways, an application must be lodged with Council under Section 68 of the Local Government Act 1993 and the Roads Act 1993 for approval, prior to commencement of those works.

 

The following details must be submitted:

 

(i)      That cable anchors will be stressed released when the building extends above ground level to the satisfaction of Council;

 

(ii)     The applicant has indemnified council from all public liability claims arising from the proposed works, and provide adequate insurance cover to the satisfaction of Council.

 

(iii)    Documentary evidence of such insurance cover to the value of $20 million;

 

(iv)    The applicant must register a non-terminating bank guarantee in favour of Council. An amount will be determined when the application is lodged;

 

(v)     The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released.

 

(vi)    In the event of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors will be borne by the applicant.

 

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

 

(a)           Construct a 1.2 metre wide footpath for the full length of the frontage of the site on James Street and on Vaugh Street up to including the entry to Unit 4 of the building in accordance with Council’s Specifications applying at the time construction approval is sought.

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

(c)            Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the applicant.  The work shall be carried out in accordance with Council’s specification, applying at the time construction approval is sought.

 

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the commencement of those works. 

 

5.          Road Opening Permit - A Road Opening Permit must be obtained from Council 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 other Government Authorities

 

6.          Sydney Water – Tap in TM - The approved plans must be submitted to a Sydney Water Tap inTM 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 inTM agent has appropriately stamped the plans prior to the issue of the Construction Certificate.

 

7.          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.

 

8.          Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be submitted to the Principal Certifier prior to the issue of the Occupation Certificate.

 

9.          Electricity Supply - An application is required to be made to Ausgrid for a network connection. This may require the network to be extended or its capacity augmented. Evidence of this application being lodged with Ausgrid is required to be provided to the Certifying Authority prior to the issue of a Construction Certificate. For further details, you are advised to contact Ausgrid on 13 13 65 or www.ausgrid.com.au (Business and Commercial Services).

 

Section D     Prior to the Issue of a Construction Certificate

 

10.       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

$94,591.08

Inspection Fee for Refund of Damage Deposit

$310.00

DEVELOPMENT CONTRIBUTIONS

Kogarah Section 94 Development Contributions Plan No.1 - Roads and Traffic Management - Residential

$417.30

Kogarah Section 94 Development Contributions Plan No.5 - Open Space 2007

$211,405.64

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Buildings

$4,638.64

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Books

$3,307.28

TOTAL CONTRIBUTIONS

$219,768.92

 

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.

 

11.       Damage Deposit - Major 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: $94,591.08.

 

(b)        Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee (for two inspections) to enable assessment of any damage and repairs where required: $310.00.

 

(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.

 

12.       Acoustic Requirements - Road traffic noise criteria for sensitive developments - The building must be designed and constructed so that the road traffic noise levels inside the building comply with the noise criteria specified in Development Near Rail Corridors and Busy Roads – Interim Guideline (Department of Planning, 2008).

 

13.       Compliance with submitted Acoustic Report - The Construction Certificate plans shall demonstrate compliance with the Acoustic Report submitted and approved by Council, titled Acoustic Report prepared by Acoustic, Vibration & Noise Pty Ltd and dated 23 May 2018.

 

14.       Car Wash Bays - The proposed car wash bay shall be contained within a roofed and bunded area. The water from the car wash bay must be graded to a drainage point and connected to sewer.    

 

15.       Landscape Plan - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Vision Dynamics Landscape Design, reference numbers – 18100 DA1-2. The landscaping shall be maintained in accordance with the approved plans in perpetuity.

 

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.

b)   Tree/s proposed upon the approved landscape plan shall comply with NATSPEC Specifying Trees: A guide to assessment of tree quality (2003), and be planted and maintained in accordance with Councils standard specification.

 

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

 

(a)         location of protective site fencing;

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

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

(d)         provisions for public safety;

(e)         dust control measures;

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

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

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

(i)          provisions for temporary sanitary facilities;

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

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

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

(m)        construction and demolition traffic management details.

 

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

 

17.       Pre-Construction Dilapidation Report – Private Land - A professional engineer specialising in structural or geotechnical engineering shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises.

 

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

 

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

 

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

 

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

 

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

 

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

 

(iii)    Any existing vehicular crossing and/or laybacks which are redundant must be removed.  The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the applicant.  The work shall be carried out in accordance with Council’s specification, applying at the time construction approval is sought.

 

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the commencement of those works.

 

19.       Driveway Construction Plan Details - Detailed engineering plans for the driveway shall be submitted with the Construction Certificate application that shows:

 

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

 

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

 

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

 

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

 

Tree Species

Location of Tree / Tree No.

Tree Protection Zone (metres)

Fencing distance from trunk

T1 – Syzigium Spp

Front yard of 6 Vaughan Street

3.0 metres

T2 – Callistemon viminalis “Hannah Ray”

Council street tree on Vaughan Street

4.5 metres

T5 – Syagrus romanzoffiana

637A Princes Highway, back fence

2.0 metres

T6 X 4 Leptospermum petersonii

637A Princes Highway, back fence

3.5 metres

 

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

 

General Tree Protection Measures

 

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

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

(c)  Details of the tree protection measures to be implemented must be provided with the application for a Construction Certificate by a suitably qualified Arborist (AQF Level 5 or above in Arboriculture).

(d)  The Project Arborist must be present on-site during the stages of excavation, demolition and construction when works are being undertaken that could impact on the tree canopy or root zone within the tree protection zone of each tree.

(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/s 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

 

(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 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.

 

21.       Compliance with submitted Arborist Report - The recommendations outlined in the Arborist’s Report titled Arboricultural Impact Assessment prepared by Redgum Horticultural, dated 23 May, 2018, must be implemented throughout the relevant stages of construction.  Details of tree protection measures to be implemented must be detailed and lodged with the Construction Certificate application for approval and shall be in accordance with Section 4 - Australian Standard AS 4970-2009: Protection of trees on development sites.

 

The tree/s to be retained and protected are listed in the table below.

 

Tree Species

Location of Tree / Tree No.

Tree Protection Zone (metres)

Fencing distance from trunk

T1 – Syzigium Spp

Front yard of 6 Vaughan Street

3.0 metres

T2 – Callistemon viminalis “Hannah Ray”

Council street tree on Vaughan Street

4.5 metres

T5 – Syagrus romanzoffiana

637A Princes Highway, back fence

2.0 metres

T6 X 4 Leptospermum petersonii

637A Princes Highway, back fence

3.5 metres

 

22.       Tree Removal & Replacement

 

Tree removal - Permission is granted for the removal of the following trees:

 

Tree Species

Number of trees

Location

T3 – Corymbia ficifolia

X1

Front yard of 1 James Street

T4 – Tecoma stans

X3

Side western fence of 5 Vaughan Street

T7 – Persea americana

X1

Backyard of 1 James Street

T8 – Juniperus sabina

X1

Backyard of 1 James Street

T9 – Melaleuca linarifolia

X1

Backyard of 3 James Street

T10 – Camellia japonica

X1

Backyard of 5  James Street, back fence

 

General Tree Removal Requirements

(a) All tree removal shall be carried out by a minimum certificate Level 3, Licenced and insured 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.

 

Street Tree Removal / Replacement by Council –