AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Thursday, 07 March 2019

Time:

4.00pm

Venue:

Council Chambers, Civic Centre, Hurstville

Panel Members:

Adam Seton (Chairperson)

Juliet Grant (Expert Panel Member)

Michael Leavey (Expert Panel Member)

Annette Ruhotas (Community Representative)

Council Staff:

Meryl Bishop (Director Environment and Planning)

Michael Alexander (Acting Manager Development and Building)

Nicole Askew (Coordinator Development Assessment)

Cathy Mercer (PA to Manager Development Assessment)

Monica Wernej (Admin Assistant)

 

  

1. On Site Inspections - 2.00pm – 3.30pm

a) 32-38 Judd Street Oatley

b) 324-330 Railway Parade Carlton

 

 

 

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, 7 March  2019

Page 2

 

 

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

 

LPP008-19        32-38 Judd Street Oatley - DA2017/99 (18/765)

(Report by Senior Development Assessment Planner)

LPP009-19        324-330 Railway Parade Carlton - DA2017/0464

(Report by Senior Development Assessment Planner)

 

 

 

 

4. Confirmation of Minutes


 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 07 March 2019

 

LPP Report No

LPP008-19

Development Application No

DA2017/99

Site Address & Ward Locality

32-38 Judd Street Oatley

Mortdale Ward

Proposed Development

Amended proposal which seeks to demolish the existing structures on site and construct a two (2) storey boarding house containing sixteen (16) single rooms, common areas and seven (7) car parking spaces

Owners

Watsong Pty Ltd

Applicant

Russell Green

Planner/Architect

Planner - Don Fox Planning, Architect - Stephen Bowers Architects

Date Of Lodgement

24/05/2017

Submissions

21 submissions, 1 letter in support

Cost of Works

 $2,190,614.00

Local Planning Panel Criteria

Original application went before the LPP on 20 September 2018 as the number of submissions exceeded ten (10) “unique” submissions as referenced in 9.1 Ministerial direction of 23 February 2018. The application was deferred and the Amended proposal was to be determined electronically but since the number of submissions in response to the amended proposal exceeded ten (10), the application is being referred to a Panel meeting for formal LPP for determination.

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

State Environmental Planning Policy (Affordable Rental Housing) 2009, State Environmental Planning Policy 55 – Remediation of Land,

State Environmental Planning Policy – (Infrastructure) 2007, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013

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

Amended Plans received 18 October 2018

Amended Statement prepared by Don Fox Planning

 

 

Report prepared by

Senior Development Assessment Planner

 

 

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?

 

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, however will be available once the report is published.

 

Site Plan

Subject site outlined in red

 

Executive Summary

1.           This report is supplementary to the Local Planning Panel Report No. LPP038-18 which was considered at the 20 September 2018 meeting. This report should be considered in conjunction with this original report.

 

2.           This report has been prepared following the deferral of development application DA2017/0099 for the demolition of structures and buildings on site and the construction of a two storey boarding house over basement car parking by the Georges River Local Planning Panel (Panel) on 20 September 2018. The boarding house proposed accommodation in the form of 24 boarding rooms and a managers/caretakers room associated parking, site and landscaping works at 32-38 Judd Street, Oatley.

 

3.           The Panel resolved to defer consideration of the application to enable the applicant to submit amended plans which seek to improve the overall amenity and visual appearance of the development when viewed from the street and immediately adjoining properties, and to consider reducing the density of the development.

 

4.           Amended plans were formally lodged on 18 October 2018. These were renotified for a period of 14 days in accordance with the provisions of the Kogarah Development Control Plan 2013. A total of 21 submissions have been received with 1 letter in support of the proposal. The issues raised in the submissions have been addressed in more detail within the body of this report.

 

5.           This report has undertaken an assessment of the amended plans provided by the applicant which seeks to address the reasons for deferral identified as part of the Panel’s final recommendation. It is considered that the proposal, as amended, has satisfied the Panel’s requirements, and that the proposal is now satisfactory from a planning and design perspective.

 

6.           Having regard to the Matters for Consideration under Part 4.15 of the Environmental Planning and Assessment Act 1979, Development Application No. DA2017/0099 is recommended for approval subject to conditions.

 

REPORT IN FULL

 

BACKGROUND

 

7.           At its meeting on 20 September 2018, the Local Planning Panel (LPP) considered the subject development application and resolved the following:

 

Deferral

Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2017/99 for the demolition works and construction of two storey boarding house at 32-38 Judd Street, Oatley, be deferred and invites the applicant to submit amended plans to address the following;

 

1.  Consideration to reduce the front setback with a view to improving the amenity to the rear of the development.

 

2.  Provision of a communal room on the ground floor in addition to that on the first floor, together with a reduction in the number of rooms proposed.

 

3.  In reducing the density consideration should be had to enhance internal amenity as well as increased setback/relationship to side boundaries.

 

4.  In relation to car parking with reduced density the demand on parking spaces will be reduced and consideration should be had to the necessity to provide more parking on site given the proximity of the site to public transport.

 

5.  A detailed plan of management is to accompany the amended plans.

 

6.  Review the building design to Judd Street, which may include finishes and materials.

 

Amended plans shall be submitted to Council within four (4) weeks and a supplementary report shall be submitted to the Panel within six (6) weeks and the matter may be handled by electronic means subject to determination of the Chairperson. 

 

Statement of Reasons

1.  The Panel considers the site suitable for the type of development proposed.

2.  The Panel believes with minor amendment of the proposal adverse impacts can be satisfactorily addressed.

3.  Given the time frame the matter has been under consideration the Panel believes a deferral to allow for amendments to occur is reasonable.

 

AMENDED PLANS

8.           Formal amended plans were submitted to Council and the following changes have been made in response to the Panel’s recommendations;

 

·   Reduction in the number of rooms from 24 to 16.

·   Provision of increased setbacks to adjoining properties.

·   Removal of the basement car park and the provision of two (2) double garages capable of accommodating a total of seven (7) car parking spaces through the provision of two (2) double independent stackers; and

·   Removal of the originally proposed flat roof and a pitched roof being incorporated.

 

9.           The proposed form, scale and design of the original proposal and amended proposal are provided in the figures below showing the modified elevations.

 

Figure 1: Front (north) elevation of the original proposal

 

Figure 2: The building elevations of the amended proposal

 

The following is an assessment of the information provided in response to the deferral matters.

 

Deferral Reason No.1

10.         Consideration to reduce the front setback with a view to improving the amenity to the rear of the development.

 

11.         Officer Comment: The original proposal included a 6m front setback along the northern and western side. There were some small balcony encroachments along the northern side but these were minor in nature. The Panel requested that the front setback be reduced and more generous areas of communal open space be provided at the rear. This would result in an increase in the rear setback and improve the physical separation of the development to its neighbours at the rear (30 and 40 Judd Street).

 

12.         Parts of the building at the rear were originally setback only 1.5m from the boundary. The applicant has modified the design and reduced the front setback to 4.5m at the closest point to the front boundary. The building is staggered so there are sections of the building setback over 5m and 6m as can be seen in Figure 3 below. Given the corner location of the site, the front setback is considered satisfactory as the front of the site also incorporates a generous public verge.

 

13.         The modified design has increased the area of communal open space at the rear, and although some parts of the building are still setback only 1.5m from the rear boundary this only affects a small portion of the southern garage structure. This element of the building will not create any adverse amenity impact in terms of overlooking. It is a one and a half storey structure and as a result will not create any adverse shadowing impacts. The provision of more substantial landscaping and planting on the boundary (by way of a condition) will assist in screening and softening the appearance of this part of the development when viewed from the allotments adjoining and the public domain.

 

14.         The amended plans have achieved the aims and intentions of the Panel’s recommendation in terms of the siting of the building. It should also be remembered that the proposed building will provide a much better level of separation between it and the adjoining properties to the rear as the current buildings are sited on the rear boundary with nil rear setback at many points and no landscaping to soften the non-conforming use. Refer to the survey plan for the siting of the building at Figure 4.

 

Figure 3: Ground floor layout of the amended design showing a reduced front setback

 

Figure 4: First floor layout of the amended design showing the updated setbacks

 

Figure 5: Survey Plan showing the siting of the existing structures on site.

 

Deferral Reason No.2

15.         Provision of a communal room on the ground floor in addition to that on the first floor, together with a reduction in the number of rooms proposed.

 

16.         Officer Comment: The density of the development has been reduced and a total of 16 rooms are now proposed. The original application proposed 24 rooms including a separate caretakers unit. As the number of rooms is below twenty (20) a Caretakers/Managers accommodation is not required in accordance with Clause 30(e) of the ARH SEPP 2009.

 

17.         The Panel requested that two communal rooms be provided and that the density of the development be reduced. The originally proposed 24 rooms have been reduced down to 16 rooms which is a 30% reduction in the density of the development. This is a substantial decrease in the number of occupants (from 25 persons to 16 persons and a full-time Manager is also not required) that will reside at the premises. Clause 30 of the ARH SEPP requires the provision of a communal room if the development exceeds 5 rooms.

 

18.         As per the Panel’s recommendation two communal rooms have been provided one on the ground floor level and one on the first floor. Both these spaces are functional and include a kitchenette and adjoin the laundry.

 

19.         The amended design satisfies the Panel’s recommendation.

 

Deferral Reason No.3

20.         In reducing the density consideration should be had to enhance internal amenity as well as increased setback/relationship to side boundaries.

 

21.         Officer Comment: The rear setback of the development as amended has been increased with the building wall being setback between 1.5m (to the garage) to over 8m along the north eastern side and between 1.5m (to the garage wall) to around 10m along the south eastern side. The rear setback has been increased which improves the physical separation of the building to its neighbours (30 and 40 Judd Street).

 

22.         In terms of internal amenity, all rooms have an area of greater than 12sqm. This is in accordance with the provisions Clause 29 which requires a minimum area of 12sqm for a single room. Every room has at least one window with some rooms having more windows. Windows to rooms 11, 12, 13 and 14 on the first floor are highlight windows and these are the only windows to these spaces. In terms of amenity, it would be better to have full height windows with the lower part of the window pane (up to 1.6m from the floor level) being constructed of obscure glazing. This would improve the solar access to these spaces whilst still preserving the privacy to adjoining residences. All ground floor rooms should have standard sized windows as there is no issue with overlooking at this level. This has been recommended as a condition of consent.

 

23.         Originally the rooms averaged areas of 2.65m by 4.5m which amounts to an internal area of just under 12sqm. The original development also included an open accessway on the first floor level which is a poor design response for the building. The amended design encloses all areas of the building which is a better design outcome and will reduce amenity impacts such as noise and overlooking.

 

24.         The amended plans have not included any updated landscape plans. A clever and attractive landscape design will also improve the visual appearance and amenity of the development when viewed externally and internally. As there is no longer a basement level proposed,  the perimeter of the building now comprises of deep soil areas which can be vegetated and include mature planting and trees along the common boundaries. A condition will require the provision of an updated Landscape Plan which will address the issue of increased screening and vegetation along all boundaries as well as integrating a drying area, BBQ area including seating within the area of common open space. 

 

Deferral Reason No.4

25.         In relation to car parking with reduced density the demand on parking spaces will be reduced and consideration should be had to the necessity to provide more parking on site given the proximity of the site to public transport.

 

26.         Officer Comment: The Panel felt that due to the accessible location of the site a dispensation in the number of on-site car parking spaces should be considered. Originally the development included a basement level that catered for 6 off street car parking spaces (refer to Figure 5 below for the layout) which complied with the ARH SEPP 2009 at the time of lodgment.

 

27.         The layout and configuration of the basement level was awkward and the arrangement not ideal from both an access and maneuverability perspective. The entry driveway was very close to the boundary and access to some spaces was difficult. The original 24 rooms generated the need for 6 car parking spaces based on the parking requirement within the State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP ARH) which required the “provision of at least 0.2 parking spaces are provided for each boarding house room” in the case the development is in an “accessible” area and an additional space for a caretaker was included. This generated the need for 6 off street car parking spaces in total (5 for the Boarding house residents and 1 space for a Caretaker) and as such the car parking as originally proposed was compliant. The original application was lodged on the 24 May 2017.

 

28.         On 1 June 2018 car parking standards were increased for boarding houses delivered under SEPP ARH 2009. The car parking standards for boarding houses, where not provided by a Social Housing Provider were required to be calculated at 0.5 spaces per room in all locations (Clause 29(2)(e) of the ARH SEPP). There were no savings provisions provided in respect to this new provision, so when the application was reviewed by the Local Planning Panel on 20 September 2018 the new provisions were applicable, which required 12 off street car parking spaces. The development did not comply with the new provisions.

 

Figure 6: Original basement car parking level layout

 

29.         The Department of Planning and Environment have stated that the changes to the car parking provisions, remains a ‘standard which cannot be used to refuse consent’. This means Council’s cannot refuse a boarding house proposal if it meets this standard, but that they may consider a lower parking rate if appropriate.

 

30.         The amended scheme provides for 16 boarding house rooms which generates a need for 8 car parking spaces. No caretaker accommodation or parking is required. The amended scheme provides for a double garage along the eastern side of the site which incorporates stackers, so a total of 4 spaces are accommodated in this location. An additional garage is proposed along the southern side of the Site which accommodates an accessible space which is also contains a stacker, so 2 car parking spaces can be housed in this area. The plans nominate a “shared zone” which the applicant has nominated as an additional space; however this area needs to remain free and unobstructed at all times so a stacker is not appropriate in the location.

 

31.         The amended design provides for six (6) off street car parking spaces, whilst a total of 8 are required. Given the accessible location of the site the shortfall of two (2) spaces is considered to be minor and acceptable in this instance. The design does allow for some additional tandem parking in front of the shared zone given the 5.5m setback from the front boundary. This location can accommodate a car parking space without an impact on accessibility to the shared zone or to the accessible space. The shortfall of parking equates to one (1) space which is considered to be a minor non-compliance and supportable.

 

32.         The parking arrangement and degree of non-compliance is substantially lessened given the reduction in the overall density.

 

Deferral Reason No.5

33.         A detailed Plan of Management (POM) is to accompany the amended plans.

 

34.         Officer Comment: A Plan of Management was submitted with the amended application and this document addresses many operational issues with respect to the use. The POM is very general in nature and there are some additional requirements that should be addressed and considered in the POM including but not limited to:

 

·    the hours of the use of internal and external communal areas;

·    strict provisions regarding the number of people in any communal area at one time;

·    noise and restrictions to hours where music is played etc to 10pm not midnight;

·    additional requirements including the provision of security cameras for additional surveillance; and

·    a notice on the front door providing both residents and members of the public a direct point of contact if any issues arise should be included.

 

35.         The development accommodates 16 rooms as a result there is no requirement for caretakers accommodation, so clearer rules need to apply to the residents/occupants and good lines of communication for neighbours to air any concerns if they arise shall be provided.

 

36.         A condition has been recommended which will require a more detailed POM to be prepared and for some additional operational processes to be outlined and included prior to the Construction Certificate being issued.

 

Deferral Reason No.6

37.         Review the building design to Judd Street, which may include finishes and materials.

 

38.         Officer Comment: The design of the building has been altered. Originally the design of the building was very modern incorporating contemporary materials and finishes. The amended design has included a pitched roof form and more traditional design elements and finishes. The built form and design is simple in its form but is more residential in its appearance and this will be more in character and keeping with the nature of adjoining developments in the street and immediate locality.

 

39.         The original design included an emphasis on a modern finish with rendered elements and light coloured materials. The proposed amended finishes include a standard brick finish, aluminum windows and light grey colourbond roof and fencing details. These colours and materials are considered to be acceptable and consistent with the character of development in the street (refer to Photo 1 below).

 

Photo 1: Existing residential properties to the west on the other side of Judd Street (27, 29 and 31 Judd Street), the colour pallet chosen is reflective of that represented in this streetscape

 

Site and Locality

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

 

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

 

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

 

Submissions

43.         The amended application was renotified for a 14 day period with twenty (20) submissions objective to the proposal received. One (1) submission was received in support of the application.

 

44.         A summary of the submissions objecting to the development are summarised as follows:

 

·    Compatibility with streetscape;

·    Inconsistent development type;

·    Size and scale of development;

·    Parking issues (traffic generation, insufficient on site car parking provided);

·    Waste management;

·    Size and scale of development;

·    Traffic volume and generation;

·    Overshadowing and Privacy Impacts; and

·    Potential increase in crime and social issues generated by the development.

 

PLANNING ASSESSMENT

 

Zoning and Permissibility

 

45.         The site is zoned R2 – Low Density Residential under Kogarah Local Environmental Plan 2012.

 

Figure 7: Subject site outlined in red

 

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

 

Kogarah LEP 2012 Controls

 

Clause 1.8A – Savings Provisions Relating to Development Applications

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

 

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

 

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

 

50.         Accordingly, the development standards for height and floor space ratio in relation to KLEP 2012 (Amendment 2) are not applicable to this application as Kogarah LEP 2012 did not specify a height or FSR control for a boarding house use in this zone, it was controlled via clauses in the Development Control Plan.

 

51.         Despite the KLEP 1998 being the prevalent legislation at the time the application was lodged, it is important to consider the provisions of the KLEP 2012 in order to make a comparison. Assessment against the provisions of KLEP 2012 is provided in the following table.

 

KLEP 2012 Assessment

Clause

Standard

Proposed

Complies

2.3 – Zone objectives and Land Use Table

Meets objectives of R2 – Low Density Residential zone

 

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

 

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

Yes

4.3 – Height of Buildings

Not applicable

The provision of this standard is technically not relevant to this application however the max height for residential accommodation (which includes boarding houses) in accordance with the LEP is 9m.

 

The proposed development now incorporates a hipped roof and will be below 9m in height which is consistent with the height control specified for residential accommodation namely dwelling houses.

N/A

4.4 – Floor Space Ratio

Not applicable

The provision of this standard is not relevant to this application however the maximum FSR for residential accommodation (which includes Boarding Houses) in accordance with the LEP is 0.524:1

 

Notwithstanding, the proposal achieves an FSR of 0.524:1 or a gross floor area of approximately 378sqm. The proposal has been designed to satisfy the floor space control and would be commensurate to other residential accommodation in the precinct such as dwelling houses.

N/A

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

Not applicable

See comment above.

N/A

5.10 Heritage Conservation

 

The objectives of this clause are as follows:

 

·     to conserve the environmental heritage of Kogarah,

(b)

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

 

·     to conserve archaeological sites,

 

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

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

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

 

Neither Building A nor B can be viewed from the subject site and vice versa. In this regard, the proposed development will have no adverse impact on the heritage significance of this item.

Yes

6.2 – Earthworks

 

 

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

Minor excavation to accommodate footings and a slab is required as a basement is no longer proposed.

Yes

 

Figure 8: Heritage Item location relative to the site

 

Environmental Planning and Assessment Regulations

 

Clause 92(1)(b): Demolition

52.         Clause 92(1)(b) of the Environmental Planning and Assessment Regulation, 2000 (the Regulations) prescribes that the provisions of Australian Standard AS2601:2001 - The Demolition of Structures are to be taken into consideration, pursuant to Section 4.15(1A)(iv) of the Act, in the case of a development application for the demolition of a building.

 

53.         The application seeks consent for the demolition of all existing structures on site. Council has recommended conditions to be imposed to ensure compliance with the provisions of Australian Standard AS2601:2001 - The Demolition of Structures.

State Environmental Planning Policies

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

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

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

N/A as the rooms are not capable of being separate domiciles

State Environmental Planning Policy No 55 - Remediation of Land

Yes

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

Yes

 

State Environmental Planning Policy – (Affordable Rental Housing) 2009

 

Partial non-compliance, refer to detailed discussion above.

 

Deemed State Environmental Planning Policy – Georges River Catchment

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

 

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

56.         All of the 16 rooms are not considered to be dwellings because although each room includes small scale kitchenettes, the provision of two formal communal rooms with kitchens and laundry facilities adjoining means that the future residents will need to access communal kitchen facilities for food and meal preparation, separate to their rooms. Given the definition of ‘BASIX affected building’, these 16 rooms do not constitute a separate domicile and thus the development is not considered to be a ‘BASIX affected development’, therefore a BASIX certificate is not required for this development.

 

State Environmental Planning Policy No 55 - Remediation of Land

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

 

58.         The original planning assessment stated that:

 

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

 

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

 

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

 

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

 

59.         As requested by Council a Detailed Environmental Site Investigation (DESI) was conducted by LG Consulting (Land and Groundwater Consulting) and dated 30 October 2017 to assess the possibility of contamination pursuant to the provisions of SEPP 55 and further to provide a more detailed assessment in line with the recommendations of the Phase 1 report. The detailed assessment concluded that;

 

Based on the findings of this DESI the following conclusions are provided:

 

·   The surface fill materials comprised sand, gravel and clay at the locations investigated. This fill was underlain by natural clay and shale;

·   The soils at the locations sampled and analysed did not contain concentrations of TRHs, BTEX, PAHs, OCPs, OPPs, PCBs and heavy metals that were greater than the Residential A land use criteria, at the time tested;

·   Asbestos fibres were detected above the HIL A criteria as follows:

-  Chrysotile asbestos fibre bundles (approximately 6 - 10 x 2 mm length) was found loose in sample BH4/0.2-0.5.

·   Concentrations of arsenic, cadmium, chromium and copper were above the adopted groundwater assessment criteria in samples MW1 and MW2. However, it is noted that these concentrations are considered to be typical of the local background conditions in the natural clayey soils and shale rocks in the Sydney metropolitan area and are not considered to be significant for the proposed residential land use; and

·   The assessment results indicate that the site subject to this DESI can be made suitable for Residential A land use, consistent with a Zone R2 Low Density Residential, provided that soils contaminated with asbestos are removed and disposed off-site appropriately during bulk excavation works for the proposed development.”

 

60.         This advice was also confirmed by way of a memo to the Panel dated 19 September 2018.

 

61.         As such the site is considered to be suitable for the intended use and appropriate conditions will be included as per the recommendations by Council’s Environmental Health division and an unexpected finds condition should contamination be encountered during the demolition and foundation works.

 

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

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

 

63.         The Vegetation 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). 

 

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

 

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

 

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

66.         The ARH SEPP came into force on 31 July 2009 and, in accordance with Clauses 25-28, the SEPP applies to the proposed development and the subject site. The ARH SEPP contains a number of standards that apply to boarding houses, as well as matters that cannot be used as reasons for refusal – if the development satisfies those requirements.

 

67.         It is noted that the ARH SEPP relies on Standard Instrument template zonings and that the R2-Low Density Residential is a general residential zoning where boarding houses are a permissible form of development with consent.

 

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

 

accessible area” means land that is within;

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

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

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

 

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

 

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

 

boarding house means a building that:

 

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

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

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

(d)     has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers, but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.

 

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

 

72.         Division 3 of the policy notably Clauses 29, 30 and 30A are applicable. Car parking standards pursuant to Clause 29(2)(e) have been increased and this has been addressed in detail earlier in this report. Currently the Department of Planning and Environment is in the process of further amending the policy to limit the amount of Boarding House rooms to a maximum of 12 in the R2 zone. This amendment has been proposed, formally notified and feedback from the consultation is currently being reviewed by the Department, so at this point in time the change to this policy has not been formally adopted.

 

73.         The following table assesses the changes against the provisions of the SEPP.

 

Compliance with the ARH SEPP

Relevant provision

Proposed

Complies

Clause 29 – Standards that cannot be used to refuse consent

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

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

(b)

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

 

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

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

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

The site area is 724.4sqm.

 

Kogarah LEP 2012 provides an FSR requirement for residential accommodation of:

(site area – 650sqm) x 0.3 + 357.5/site area

 

This equates to a maximum allowable FSR for the site of 0.524:1 or gross floor area of 379.82sqm. The original proposal presented an FSR of 0.667:1 which exceeded the FSR control.

 

The amended proposal has reduced the GFA to 379.82sqm which equates to an FSR of 0.524:1 which now complies with the KLEP 2012 control.

 

Although the KLEP 2012 is not applicable as KLEP 1998 was the EPI at the time of lodgement which included a savings provision for DA’s, the development nevertheless complies with the control.

 

The site is not located on land that permits RFB’s and the existing site does not comprise of any state or local heritage items.

 

 

 

 

 

 

 

 

 

 

N/A

 

 

N/A

 

Yes

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

(a)  building height

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

(b)  landscaped area

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

(c)   solar access

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

(2) 

(d)  private open space

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

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

(ii)  if accommodation is provided on site for a boarding house manager—one area of at least 8sqm with a minimum dimension of 2.5m is provided adjacent to that accommodation,

 

 

 

 

 

 

(e)  parking if:

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

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

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

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

f)  

 

 

 

 

 

 

 

 

 

Accommodation size

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

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

(ii) 16sqm in any other case.

 

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

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

 

 

 

 

 

The KLEP 2012 specifies that a maximum height for the development at the site is 9m.

 

The proposal, as amended has been designed to comply with the 9m height limit despite this EPI not being relevant.

 

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

Both communal rooms are located so they are orientated towards the north and will receive good solar access and comply with the SEPP requirements.

 

The development provides a suitably dimensioned area of open space within the south eastern corner of the site exceeding the minimum requirements.

The front setback area allows for some greater deep soil area and can include landscaping that will soften the appearance of the development whilst also allowing for passive recreation. The unencumbered area at the front exceeds 20sqm and complies with the ARH SEPP.

The rear yard area which is private and allows for a spacious area of communal open space has an area of over 100sqm which will provide for a well-proportioned area that will be softly landscaped. A condition will require an updated Landscape Plan that will encourage the provision of a soft landscaped area at the rear including trees at the rear which will provide shade and additional screening.

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The issue of car parking compliance has been addressed in more detail earlier in this report. The proposal is deficient of car parking in accordance with the recent amendments to the SEPP.

The requirement for parking generates the need for 8 off street car parking spaces based on the density of 16 rooms. Six (6) car parking spaces have been provided with an additional tandem space being considered in front of the shared zone. This space would be compliant with the car parking requirements and ensures the shared zone remains unencumbered.

So on that basis the development is short of 1 space. This is considered acceptable given the “accessible” location of the site and its proximity to Mortdale Train Station (which is located some 600m away).

 

 

 

 

 

 

 

 

The proposed 16 rooms are single rooms and therefore a minimum area of 12sqm applies. Each room slightly exceeds the minimum 12sqm area requirement.

 

It seems the plans aim to include cooking facilities within the common rooms however a condition will ensure this is catered for.

 

The development generally complies with all of the provisions outlined in Clause 29 apart from the car parking provisions; however it is considered that the non-compliance is minor and acceptable in this case.

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes – subject to conditions

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No – however considered a minor non-compliance and given the location of the site is acceptable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

Clause 30 – Standards for Boarding Houses

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

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

 

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

 

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

 

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

(a)

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

(f)    

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

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

 

 

 

 

 

The amended proposal caters for two (2) common rooms, one on the ground floor and one on the first floor.

 

 

The maximum room size is just over 12sqm.

 

 

 

 

 

 

Each room has been designed to cater for 1 adult lodger

 

 

Each boarding room includes an ensuite and a small kitchenette. The common rooms also include a kitchen facility, which has been reinforced by a condition of consent.

 

The density of the boarding house has been reduced from the original 24 rooms and a caretakers/manager room to 16 rooms so there is now no need to cater for a caretakers accommodation  

 

 

Subject site is not zoned commercial so this provision is not applicable.

 

 

 

 

 

 

 

 

 

3 bicycle parking spaces and 3 motor bike spaces are required given the number of rooms.

The development provides 4 bicycle spaces and 4 motor bike spaces.

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

Yes

Clause 30A – Character assessment

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

The development has been amended so that the design of the building is more sympathetic with the character of development in the street and adjoining residences. The addition of a traditional pitched roof form and the inclusion of a simple brick finish will ensure the building is more in keeping with the residential character of the locality. The street includes a series of single and two storey dwelling houses most with pitched roof forms and varying scales but predominantly single and two storey dwellings.

The form and design of the boarding house will be consistent with the character of the area and will replace a redundant, disused and derelict petrol station which is currently an eyesore in the street; the development will make a positive contribution to the street.

Yes

 

74.         The original assessment considered the character of the proposal was inconsistent with the character of the development in the street and immediate locality. The original report stated that;

 

Character of Local Area (Clause 30A)

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

82.         Given the redesign of the building to be more consistent with the scale, form and design of development in the street, the amended design has a more residential sense of form and scale. The floor space now complies, the density and bulk has been reduced. The proposed materials and finishes have been modified to be reflective of the type and style of development in the street. Therefore the amended scheme is now considered to satisfy the Part 30A character test, with the form consistent with the quality of buildings in the street and immediate locality.

 

Draft Environmental Planning Instruments

 

Draft Environment SEPP

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

 

84.         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.

 

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

 

Remediation of Land SEPP

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

 

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

 

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

 

89.         The proposal while not inconsistent with the intended Draft SEPP provisions is considered to be acceptable in this regard.

 

Development Control Plans

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

 

Kogarah Development Control Plan 2013

Part B General Controls

Controls

Required

Proposed

Comply

Part B5 – Waste Management and Minimisation

Submit a Waste Management Plan with DAs involving:

·      demolition;

·      construction of a new building(s); or

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

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

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

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

The proposal is accompanied by an acceptable Waste Management Plan.

Originally a waste storage area was provided within the basement area. Given the basement has been removed the Site Analysis does not designate a space for the garbage bins. There is ample space behind the garages and at the rear to create 1 or 2 waste storage areas that will accommodate the required bins. A condition is included which stipulates that a space/s is/are to be designated on the amended landscape plan and to be appropriately screened and sensitively located away from immediately adjoining properties.

Yes

Part B6 – Water management

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

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

Originally a detailed stormwater management plan was prepared by Jones Nicholson Consulting Engineers Australian Consulting Engineers which accompanied the application. Council’s Engineers raised no objection to the conceptual stormwater design however an amended stormwater design has not been provided with the amended plans.

Given that the basement has been removed from the proposal, the stormwater/drainage plan will be substantially simplified and stormwater drainage will now be able to drain to the street via gravity. There is amply space for an on-site stormwater detention basin to be accommodated at the front or rear of the site.

Conditions have been included that will require an updated stormwater drainage plan to be provided to Council as part of the Construction Certificate design/construction documents designed to satisfy the Kogarah DCP.

Yes

 

IMPACTS

 

Natural and Built Environment, Social and Economic Impacts

91.         The assessment of the amended proposal demonstrates that this is an improved design and the proposal will be in keeping with the nature and character of development in the street and immediate locality. Residents are concerned about the potential of social impacts that may be generated by this Boarding House use however with appropriate management structures in place, such as a robust Plan of management, it is anticipated that there will be no unreasonable social impacts generated by the development.

 

92.         The benefit in the longer term for the community is another additional affordable housing development option in the locality that will provide lower cost accommodation for students, singles, elderly or retired persons.

 

93.         The short term economic benefit comes from the construction of the development which will engage trades and associated building professionals.

 

Suitability of the site

94.         The site is zoned R2 – Low Density Residential. The proposal is a permissible form of development in this zone and with its reduced density and modified form will have a positive contribution in the street and will remove a derelict and disused Service Station which is a non-conforming use and is a visual eyesore.

 

REFERRALS

 

Council Referrals

 

Consultant Arborist

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

 

Waste Management Officer

96.         Council’s Waste Management Officer has reviewed the original proposal and advised that the proposal is acceptable in terms of bin storage for both waste and recycling.

 

Stormwater Engineer

97.         Council’s Stormwater Engineer reviewed the documentation accompanying the application and raised no objection subject to the imposition of conditions. This issue has been detailed further above and is covered by the imposition of appropriate recommended conditions of consent.

 

Environmental Health Officer

98.         Council’s Environmental Health Officer raised no objection to the proposed development subject to the imposition of conditions.

 

Traffic Officer

99.         The basement car parking level has been removed and parking is provided on grade in the form of two garages which are setback over 5.5m from the front boundary. The size of the spaces is in accordance with Australian standards 2890. A condition will also ensure the structures and spaces are built to comply with these provisions. The use of stackers is now a common element in many developments. Given this is a relatively small scale residential use which can accommodate 7 off street car parking spaces the design and arrangement is considered to be satisfactory.

 

SUBMISSIONS AND THE PUBLIC INTEREST

100.       In accordance with the provisions of the KDCP 2012, the amended plans were re-notified to neighbours for a period of 14 days from 9 November 2018 until 23 November 2018. A total of twenty one (21) submissions were received in response to the amendments with one (1) letter in support of the application. A summary of the primary issues raised are detailed below.

 

Inconsistent height, scale and form of development

 

101.       Officer Comment: The proposed two storey scale of the development is in keeping with the nature of dwellings in the street and development in the immediate locality. The height of the building is below the 9m statutory height control and incorporates a more traditional roof form, which is therefore compliant.

 

The development will comprise of transient residents which is undesirable

 

102.       Officer Comment: The rental of these rooms is not dissimilar to any private rental property; as a result these rooms will be on lease arrangements.

 

Increase in anti-social behaviour from residents

 

103.       Officer Comment: The applicant has lodged a Plan of Management (POM) which is simple and includes some basic operational rules and regulations. A condition will require this POM to be updated and more detailed to ensure procedures and processes are clearly and coherently expressed, so that any potential issues that may arise are dealt with in an efficient manner. This is aimed to provide greater safety and security for occupants and adjoining residents. It is also acknowledged these rooms will be on the rental market whereby leases will be negotiated with each occupant. As a result a lease can be terminated if the occupant does not conform with the leave provisions.

 

Parking is inadequate and no updated traffic assessment provided

 

104.       Officer Comment: An updated Traffic and Parking assessment is not required given the density of the development has been significantly reduced (30% decrease in the number of rooms than originally proposed). The reduction in the number of rooms has retained the same amount of car parking as originally proposed. Although the development creates a shortfall of essentially one space (as one space on site can be accommodated behind the “shared zone” in a tandem arrangement) this variation and non-compliance is considered minor and given the site’s proximity to Mortdale Train Station and its general accessibility, the variation is considered to be minor and acceptable in this instance.

 

No parking provision for service vehicles

 

105.       Officer Comment: This low scale residential development does not generate the need to provide space for service vehicles.

 

Plan of Management not provided

 

106.       Officer Comment: The applicant submitted a Plan of Management (POM) with the amended plans. The POM is simple and not adequately detailed. A condition has been included to update this report and make it more robust so that there should be a greater level of confidence provided for residents and occupants within the building as to how to deal with any issues that may arise.

 

The development is commercial in nature not affordable

 

107.       Officer Comment: This form of development, a boarding house by its nature is classified as “affordable” housing as its layout (being a small self-contained room) caters for students, single people, retired people or those on lower incomes that cannot afford rental of units or houses.

 

Incompatible with the streetscape

 

108.       Officer Comment: The originally contemporary design of the development which incorporated a flat roof and modern materials and finishes has been amended to be more traditional in form to harmonize with the existing housing styles in the street. The development has included a pitched roof form, the materials are more traditional in form. The development is now considered to be more in keeping with the character and form of residential development reminiscent of the locality.

 

Doesn’t satisfy aims of the ARH SEPP

 

109.       Officer Comment: The proposal satisfies the aims and objectives of the ARH SEPP which include  to employ a balanced approach between obligations for retaining and mitigating the loss of existing affordable rental housing, and incentives for the development of new affordable rental housing”.

 

110.       The proposal complies with the provisions of Clause 29, 30 and 31 of the SEPP apart from the minor non-compliance with the car parking provision which has been discussed in greater detail earlier in this report, the variation is considered acceptable.

 

Overlooking, overshadowing and noise impacts

 

111.       Officer Comment: The amended design has taken into consideration the positioning of windows with most first floor windows being designed as highlight windows to minimise the potential for overlooking to the rear. A condition will require these windows to be standard sized windows but for the lower parts of the window panes (up to 1.6m from the finished floor level) to be fixed obscure glazed which still reduces any potential for overlooking but improves the internal amenity of some of the boarding house rooms providing greater solar access to these spaces.

 

112.       In terms of overshadowing, the building has been relocated closer to the street so there will be a greater physical setback and separation at the rear between properties reducing the impact of overshadowing. The amended shadow diagrams (refer to Figure 5 below) indicate that the immediately adjoining properties (30 and 40 Judd Street) will receive greater than 3 hours of solar access to their rear yards and key habitable spaces during midwinter in accordance with the provisions of KDCP 2012.

 

Figure 9: Proposed shadowing created by the amended scheme

 

Excessive bulk and an overdevelopment

 

113.       Officer Comment: Bulk is largely governed and determined by the amount of gross floor area of the development, its compliance with the permitted Floor Space Ratio and how this GFA is distributed across the site. The proposal complies with the maximum FSR permitted for the Site and its overall distribution is evenly divided at the ground and first floor level to resemble a standard two storey residential building.

 

114.       The setbacks satisfy the Council’s provisions and there is ample landscaping and deep soil areas provided. The layout of the building, its design and form, is considered to be generally compliant with the expected desired future character for development of this nature in the street and immediate area. The proposal is not considered an overdevelopment of the site.

 

Submission in support

115.       The submission in support of the application believes the existing/current use has been an eyesore in the street since 1990 and the proposal will improve the visual appearance of the streetscape.

 

Development Contributions

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

 

CONCLUSION

117.       The proposal has been assessed using the heads of consideration listed in Section 4.15 of the Environmental Planning & Assessment Act 1979. The proposal is considered to be satisfactory as outlined throughout this report.

 

118.       The proposed development satisfies the objectives of the KLEP and zone objectives and is a permissible use. The proposal in its amended form has created a smaller scale development with a reduced density and resultant lesser bulk that now generally satisfies the objectives and controls of the primary development standards reflected in the KLEP, KDCP and SEPP (Affordable Rental Housing).

 

119.       The development has been redesigned to include a pitched roof form is now more commensurate with development in the street and immediate locality. The proposal is now sympathetic and consistent with lower scale residential development in the street and reflects and appears as a more traditional residential building.

 

120.       Accordingly, the proposal is now recommended for approval as outlined below.

 

STATEMENT OF REASONS

 

·    The proposed development is considered to be an appropriate scale and form for the site and integrates into the established and desired future character of the locality.

 

·    The proposal satisfies and generally complies with the key planning and design controls.

 

·    The proposed development will not generate any unacceptable adverse impacts upon the natural or built environments or to immediately adjoining residences in terms of overshadowing or overlooking.

 

·    In consideration of the aforementioned reasons, the proposed development is now a suitable and planned use of the site and its approval is considered to be a satisfactory planning and design response for the site.

 

DETERMINATION

THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979 (as amended) the Georges River Local Planning Panel approve Development Application DA2017/0099 for the demolition of existing building and ancillary structures and the construction of a two (2) storey boarding house containing 16 rooms with associated car parking and site works at Lots 1, 2, 3, 4 DP519681 and known as 32-38 Judd Street, Oatley, subject to the below conditions of consent.

 

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:

 

Reference No.

Date

Description

Revision

Prepared by

DA-1828 ap01

11.09.18

Site  Plan

A

AJT Architects

DA-1828 ap04

11.09.18

Sections

A

AJT Architects

DA-1828 ap02

11.09.18

Floor Plans

A

AJT Architects

DA-1828 ap03

11.09.18

Elevations

A

AJT Architects

DA-1828 ap05

11.09.18

Shadow Diagrams 21 June

A

AJT Architects

-

11.09.18

Boarding House Management Plan

-

AJT Architects

-

undated

Schedule of Finishes

-

AJT Architects

07_13/018’B’

February 2013

Landscape Plan

-

Iscape Landscape Architecture

-

6.11.2010

Survey Plan

-

Gary Edwards and Associates

 

SECTION B    SEPARATE APPROVALS REQUIRED UNDER OTHER LEGISLATION

 

2.         Ausgrid – The following requirements need to be satisfied in accordance with Ausgrid;

 

Proximity to Existing Network Assets – Overhead Powerlines

There are existing overhead electricity network assets in Judd Street. Safework NSW Document – Work Near Overhead Powerlines: Code of Practice, outlines the minimum safety separation requirements between these mains/poles to structures within the development throughout the construction process. It is a statutory requirement that these distances be maintained throughout construction. Special consideration should be given to the positioning and operating of cranes and the location of any scaffolding.

 

The “as constructed” minimum clearances to the mains should also be considered. These distances are outlined in the Ausgrid Network Standard, NS220 Overhead Design Manual. This document can be sourced from Ausgrid’s website, www.ausgrid.com.au

 

Should the existing overhead overhead mains require relocating due to the minimum safety clearances being comprised in either of the above scenarios, this relocation work is generally at the developers cost.

 

It is also the responsibility of the developer to ensure that the existing overhead mains have sufficient clearance from all tyes of vehicles that are expected be entering and leaving the Site.

 

Underground cables

There are existing underground electricity network assets in Judd Street.

 

Special care should also be taken to ensure that driveways and any other construction activities within the footpath area do not interfere with the existing cables in the footpath. Ausgrid cannot guarantee the depth of cables due to possible changes in ground levels from previous activities after the cables were installed. Hence it is recommended that the developer locate and record the depth of all known underground services prior to any excavation in the area.

 

Safework Australia – Excavation Code of Practice, and Ausgrid’s Network Standard NS156 outlines the minimum requirements for working around Ausgrid’s underground cables.

 

3.         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.

 

4.         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.

 

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

 

SECTION C    REQUIREMENTS FOR CONCURRENCE, INTEGRATED & OTHER GOVERNMENT AUTHORITIES

 

6.         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.

 

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.

 

SECTION D  PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

8.         Landscape design – Prior to the issuing of the Construction Certificate an updated detailed Landscape Plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted prior to the issue of the Construction Certificate. The plan must include the following:

 

·    The existing Landscape Plan shall be updated to reflect the amended siting of the building include the garage structures and area designated for bicycle parking and motorbike parking.

·    The ground floor communal area of open space at the rear shall comprise of lawn apart from an area of 4m by 5m which can be a patio area immediately adjacent to the access point to this space and include seating.

·    Three (4) Lilli Pilli (Syzygium austral ‘Resilience’) minimum 45L Pot shall be planted along the eastern boundary of the Site between the garage and the rear boundary to provide additional screening and greenery.

·    Five (5) Lilli Pilli (Syzygium austral ‘Resilience’) minimum 45L Pot shall be planted along the southern boundary of the Site between the garage and the rear boundary to provide additional screening and greenery.

·    The front yard shall be softly landscaped in accordance with the original Landscape Plan design.

·    Additional planting and vegetation shall be included along the eastern side of the garage structure to provide screening along this boundary.

·    One additional Melaleuca Linarifolia (Prickley Leafed) shall be included at the rear of the Site in the communal area of open space.

·    The motorbike parking area shall be included on the plan and include some lower scale planting around the periphery of this area.

·    The area designated for bins and waste shall be provided on the plan and waste bins shall be located at the rear of the Site and this area is not to be visible from the public domain and shall be sited away from the rear yards of immediately adjoining properties. Location of existing and proposed structures, services and  existing trees;

·    Details of earthworks including mounding and retaining walls and planter boxes;

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

·    Details of planting procedure and maintenance;

·    Landscape specification;

·    Details of drainage and watering systems;

·    Details of garden edging and turf; and

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

·    Two street trees shall be provided and these shall be designed in accordance with Council’s requirements.

 

The amended Landscape Plan shall include the details noted above to the satisfaction of the Manager of Development and Building, Georges River Council.

 

9.         Design - Prior to the issuing of the Construction Certificate an updated Elevations plan shall be provided which includes the following details;

 

·    The highlight windows proposed to rooms No.11, 12, 13 and 14 shall be replaced with standard sized windows. The bottom part of these windows (up to 1.6m from the finished floor level of the room) shall be of obscure glazing to reduce the opportunity for overlooking whilst improving solar access to these spaces. The windows will be designed to be double hung windows to be openable from the top.

·    The ground floor windows to rooms No.4, 5, 6 and 7 shall be standard sized windows not highlight to improve the internal amenity of these spaces.

·    The front fencing along Judd Street shall have a maximum height of 1.2m with 50% of the fence being transparent.

·    A designated bin storage area/s shall be incorporated and shown on the plans. This area shall be appropriately screened and shall not be visible from the public domain and shall respect the siting of adjoining residences.

·    A designated drying area shall be provided at the rear of the premises.

·    Updated, detailed stormwater and drainage design plans will need to be prepared. 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 to Council satisfying the criterion within Council’s controls.

 

The amended window designs, fencing and waste details shall satisfy the details noted above and be to the satisfaction of the Manager Development and Building, Georges River Council.

 

10.       Plan of Management (POM) – Prior to the issuing of the Construction Certificate the Plan of Management dated October 2018 shall be further refined and updated to provide more certainty in the operation of the premises. The following operational procedures are to be included in the  amended POM and shall be to the satisfaction of the Manager, Development and Building, Georges River Council;

 

·    The POM will include the type and form of Monitoring or Security System that will installed. Surveillance cameras shall be installed at the front entry and rear of the Site and any other vantage points.

·    The POM shall clearly include the details of the Managing Agent who will be managing the property and a 24 hour point of contact provided.

·    Contact details of the Managing Agent shall be included and clearly displayed on the entry door to the premises so that occupants and residents have a point of contact if any issues arise.

·    The hours of use of the outdoor area of communal open space at the rear shall be restricted to 6am – 10pm daily.

·    Occupants will be responsible for keeping common areas clean and tidy at all times.

·    A copy of the POM shall be provided to every occupant and a copy included in all rooms.

·    Every occupant will need to sign the POM to ensure they understand the terms and conditions and house rules. The Managing Agent shall be responsible in formally briefing each new occupant.

 

The updated POM shall satisfy the details noted above and be to the satisfaction of the Certifying Authority.

 

11.       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.

 

12.       Development Assessment - Construction Site Management Plan - A Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

 

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction, e.g. stockpiles

·    provisions for public safety;

·    dust control measures;

·    method used to provide site access location and materials used;

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation.  The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity.  A copy of the Site Management Plan must be retained on site and is to be made available upon request.

 

13.       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

$1900.00

Inspection Fee for Refund of Damage Deposit

$155.00

DEVELOPMENT CONTRIBUTIONS

Georges River Council Section 94A Development Contributions Plan 2017

$21,906.14

 

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 or Section 7.12 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 GRC 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 any Construction Certificate.

 

Further Information

A copy of the all current Development Contributions Plans may be inspected or a copy purchased at Council’s offices (Civic Centre, MacMahon Street, Hurstville and 2 Belgrave Street, Kogarah) or viewed on Council’s website www.georgesriver.nsw.gov.au.

 

14.       Low reflectivity roof - Roofing materials must be low glare and non-reflective. Details of finished external materials including colours and texture must be provided to the Certifying Authority and be consistent with those approved pursuant to Condition 1.

 

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

 

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development $1,900.00.

 

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $155.00.

 

(c)  At the completion of work Council will:

 

(i)         review the dilapidation report prepared prior to the commencement works

(ii)        review the dilapidation report prepared after the completion of works;

(iii)       review the Works –As-Executed Drawings (if applicable); and

(iv)       inspect the public works.

 

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works.

 

Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

 

(d) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

 

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

 

17.       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 including but not limited to:

 

(a) All neighbouring buildings likely to be affected by the development.

 

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.       Access for Persons with a Disability - Access for persons with disabilities must be provided to a car parking space and to at least one room, including to the rear common area of open space and to the internal common room in accordance with the requirements of the Premises Standards, the Building Code of Australia and AS 1428.1. Details must be submitted with the Construction Certificate Application.

 

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

 

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

 

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

 

a)   The current design for the On-Site Detention System does not meet the minimum volume requirements as per the submitted web calculator.

b)   Details of the OSD System including its locations, dimensions, invert levels, top water levels, surface levels and orifice details and size will need to be provided on an amended Stormwater Plan, which is to be prepared by a suitably qualified engineer. The amended Stormwater Plan will also need to show that the OSD systems can be discharged to the street gutter by gravity flow.

c)   No orifice detail has been provided. Orifice details and size will need to be provided on an amended Stormwater Plan, including location and invert levels. Detail is to be provided showing that the orifice plate is to be permanently fixed and manufactured in minimum 3mm thick stainless steel. The design is to also allow for the orifice to be readily accessed for inspection and cleaning. The installation is to ensure that there is minimal risk of the system being tampered with.

d)   The design of the On-Site Detention is to allow for and ensure the ease of maintenance and cleansing of the system via pits located at each end of the pipe system.

e)   The stormwater connection to the kerb is to be made within the frontage of the property.

 

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

 

An on-site detention (OSD) facility designed by a professional engineer who specialises in Hydraulic Engineering must be designed, approved and installed.  The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

 

a)   peak flow rates from the site are to be restricted to a permissible site discharge (PSD) equivalent to the discharge when assuming the site contained a single dwelling, garage, lawn and garden,

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

c)   Volume of the tank being 5.7 cubic metres with a discharge of 12.7sec.

 

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

 

The OSD facility shall be designed to meet all legislated safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm. A durable metal plate or similar sign is to be placed at the OSD facility and must bear the words:

 

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

 

Full details shall accompany the application for the Construction Certificate.

 

21.       Parking Plan of Management - A Management plan is be prepared addressing the means of managing car parking spaces that are allocated to different residents of different apartments within the same double level mechanical stacker space.

 

22.       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.

 

23.       Rainwater Tank – A rainwater tank having a total volume of 2500L shall be installed as part of the development and shall be appropriately screened and not visible from the public domain. The location of the tank shall be shown on the Construction Certificate Plans.

 

24.       Levels - The submitted architectural plans are to be amended to clearly specify the boundary levels at each edge of the driveway. This level is to be consistently 100mm higher than the existing front (road side) of footpath. This is to prevent stormwater gutter flows from entering the property in large events.

 

25.       Engineering – Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a qualified and practising structural engineer must detail how Council’s property shall be supported at all times.   

 

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

 

26.       Engineering – Traffic Management – Construction Traffic Management Plan - A Construction Traffic Management Plan detailing:

 

(a) construction vehicle routes;

(b) anticipated number of trucks per day;

(c)  hours of construction;

(d) Access arrangements; and

(e) Proposed traffic measures to minimise impacts of construction vehicles

 

must be submitted to the satisfaction of Council’s Engineers prior to the issue of the Construction Certificate.  Council’s Engineers must specify in writing that they are satisfied with the Traffic Management Plan prior to the issue of the Construction Certificate.

 

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

 

28.       Building - Structural details - Structural plans, specifications and design statement prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

 

(a)  piers

(b)  footings

(c)   slabs

(d)  columns

(e)  structural steel

(f)   reinforced building elements

(g)  swimming pool design

(h)  retaining walls

(i)    stabilizing works

(j)    structural framework

 

SECTION E  PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION & EXCAVATION)

 

29.       Contamination – Prior to demolition a detailed plan outlining the process of how the structures will be demolished shall be provided to the Certifying Authority. The Plan shall outline the process and stages of removing existing buildings and also how any disused existing pumps and tanks are to be removed. If any asbestos or contamination is found a process of how to dispose of these materials shall be provided to the Certifying Authority and all methods of disposal will need to be in accordance with EPA requirements.

 

If contamination is encountered, all work is to cease, the site made safe, Council informed and an Environmental Consultant engaged to inspect the site and provide recommendations for remediation.

 

If any unexpected contamination occurs the preparation of a Remediation Action Plan prepared by a suitably qualified consultant in accordance with the Department of Environment and Conservation (DEC) and NSW Environmental Protection Authority (EPA) Guidelines and shall document the remedial works to be undertaken at the site and also contain an environmental management plan and occupational health and safety plan for the remedial works. This is to be lodged with Council and assessed accordingly. No work is to commence until Council as satisfied with the remediation proposed.

 

Upon the approval of the Remediation Action Plan, the following will be required during the works: 

 

Remediation Works

All remediation work must be carried out in accordance with:-

 

·    The Managing Land Contamination: Planning Guidelines SEPP 55 Remediation of Land; and,

·    The EPA Guidelines made under the Contaminated Land Management Act, 1997;

 

And in accordance with the proposed Remediation Action Plan.

 

Validation Report

After completion of all Remediation works a copy of the Validation and Monitoring Report prepared by suitably qualified contaminated land consultant shall be submitted to Council. The Validation report shall be prepared in accordance with the Office Environment and Heritage Guidelines, Consultants Reporting on Contaminated Sites, and shall certify the suitability of the site for the proposed development.

 

·    Describe and document all works performed;

·    Include results of validation and testing and monitoring;

·    Include validation results of any fill imported on the site;

·    Show how the objectives of the Remedial Action Plan have been met;

·    Show how all agreed clean-up criteria and relevant regulations have been complied with; and

·    Include clear justification as to the suitability of the site for the proposed development and the potential for off-site migration

 

30.       Detailed investigations - The recommendations of the Detailed Site Investigation Report prepared by LG Consulting dated 30 October 2018 shall be implemented.

 

31.       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.

 

32.       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 Principal Certifier 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.

 

33.       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.

 

34.       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.

 

35.       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.

 

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

 

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

 

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

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

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

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

 

37.       Dilapidation Report on Public Land - Prior to the commencement of works (including demolition and excavation), a dilapidation report must be prepared for the Council infrastructure adjoining the development site, including:

 

The report must include the following:

 

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

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

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

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

(e) Closed circuit television/video inspection (in DVD format) of public stormwater drainage systems fronting, adjoining or within the site, and

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

(g) The Dilapidation Report must be prepared by a qualified structural engineer.  The report must be provided to the PCA and a copy provided to the Council. 

 

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

 

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

 

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

 

38.       Existing drainage easement, drainage reserve or stormwater drainage system benefiting Council - Council drainage easement(s) drainage reserve(s) or stormwater system either pass through or are adjacent to the site.  No building or other structure must be placed over the drainage easement or stormwater system or within the zone of influence taken from the invert of any pipe.

 

The applicant must determine the exact location, size and level details of the potentially affected stormwater drainage systems and without causing any damage to the public system ensure its protection. The owner, principal contractor or owner builder must not obstruct or otherwise remove, disconnect or render inoperable the Stormwater Drainage System.

 

Works such as fences must not obstruct the natural stormwater flowpath or alter the flowpath in such a way as to direct or concentrate stormwater on to neighbouring properties.

 

Where the relocation or reconstruction of Council’s drainage system is approved then all work carried out on Council’s assets will revert to the ownership, care, control or management of Council. Therefore, upon handover to Council, the asset must comply with Council’s Construction of drainage and associated works specification.

 

The applicant must meet all costs associated with such works.

 

Note: This condition does not set aside the need to obtain relevant approvals under the Roads Act 1993 or Local Government Act 1993 for works within Roads and other public places.

 

39.       Registered Surveyors Report - During Development Work - A report must be submitted to the Certifying at each of the following applicable stages of construction:

 

(a) Set out before commencing excavation.

 

(b) Floor slabs or foundation wall, before formwork or commencing brickwork.

 

(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.

 

(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.  In multi-storey buildings a further survey must be provided at each subsequent storey.

 

(e) Completion of any Pool Formwork - Before concreting of pool shell, detailing the location of the pool relative to the adjacent boundaries and its height relative to the datum shown on the approved plans.

 

(f) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

 

(g) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans.  A final Check Survey must indicate the reduced level of the main ridge.

 

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

 

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

 

SECTION F                DURING CONSTRUCTION

 

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

 

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

 

43.       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.

 

44.       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.

 

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

 

46.       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.

 

47.       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.

 

48.       All roof water and surface water from paved or concreted areas are to be disposed of in accordance with the Stormwater Plan by means of a sealed pipeline constructed in accordance with AS/NZS 3500.3:2015.

 

49.       Hazardous Waste - Hazardous or intractable waste arising from the demolition or construction process shall be removed and disposed of in accordance with the requirements of SafeWork NSW and the NSW Environment Protection Authority and with the provision of:

·    Work Health and Safety Act 2011 (NSW) (as amended);

·    Work Health and Safety Regulation 2011 (as amended);

·    Protection Of the Environment Operations Act 1997 (NSW) (as amended); and

·    Protection of the Environment Operations (Waste) Regulation 2014 (as amended)

 

SECTION G                PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

 

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

 

51.       Development Assessment - Completion of Landscape Works – All landscaping works shall be implemented in accordance with the Landscape Plan and signed off by a fully qualified Landscape Architect.

 

52.       Development Engineering - Consolidation of Site - The sites shall be consolidated into one allotment and by a Plan of Consolidation being prepared by a Registered Surveyor. This Plan shall be registered at the NSW Department of Lands prior to the issue of a final occupation certificate.

 

53.       Development Engineering - Requirements prior to the issue of the Occupation Certificate - The following shall be completed and or submitted to the Certifying Authority (CA) 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) Construct any new vehicle crossings if required.

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

(d) 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.

 

54.       Restriction to User and Positive Covenant for On-Site Detention Facility - A Restriction on Use of the Land and Positive Covenant may need to be created and registered on the title of the property, which places the responsibility for the maintenance of the on-site stormwater management system on the owners of the land.  The terms of the instrument are to be in accordance with Council’s standard terms and restrictions which are as follows;

 

Restrictions on Use of Land

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

 

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

 

Positive Covenants

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

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

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

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

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

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

(e) The orifice size/s (if applicable);

(f)  Details of any infiltration/absorption systems; and (if applicable);

(g) Details of any pumping systems installed (including wet well volumes) (if applicable).

 

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

 

(a) Construct a 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

(b) Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.  The work shall be carried out by a private contractor, subject to Council approval.

 

A private contractor shall carry out the above work, at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

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

 

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

 

(a)    Stormwater pipes, pits and connections to public stormwater systems within the road related area;

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

(c)    Removal of redundant driveways and vehicular crossings.

 

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

 

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

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

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

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

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

 

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

 

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

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

 

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

 

61.       Building - Slip Resistance      - Floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in wet rooms are to comply with the slip resistant requirements of AS1428.1 (general requirements for access/new building work) and AS1428.4 (tactile ground surface indicators) and AS2890.6 (off-street parking). Materials must comply with testing requirements of AS/NZS4663:2002.

 

SECTION H                OPERATIONAL CONDITIONS (ONGOING)

 

62.       Noise Control - The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997 (as amended).

 

63.       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.

 

64.       Outdoor Lighting - To avoid annoyance to the occupants of adjoining premises or glare to motorist on nearby roads, outdoor lighting must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting.

 

65.       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.

 

66.       Activities and storage of goods outside buildings - There shall be no activities including storing or depositing of any goods or maintenance to any machinery external to the building with the exception of waste receptacles.

 

67.       Development Assessment - Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained on an ongoing basis. Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control and any other operations required to maintain healthy trees, plants and turfed areas.

 

68.       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.

 

(e) 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.

 

69.       Smoking - The premises must comply with the Smoke Free Environment Act 2000 (as amended).

 

70.       Boarding House Operation - The following restrictions apply to the approved development:

 

a)   The development approved under this consent constitutes a ‘Boarding House’ as defined under State Environmental Planning Policy (Affordable Rental Housing) 2009 and shall not be used for the purposes of permanent residential accommodation nor hotel, motel, serviced apartments, private hotel, tourist accommodation or the like.

b)   Not more than one lodger shall occupy boarding rooms No.1 to 16 which are to contain no more than one bed.

c)   The total number of lodgers residing in the boarding house at any one time shall not exceed sixteen (16) lodgers.

d)   The lodgers must be subject to an occupancy agreement for a term of no less than three months.

e)   The boarding house must always be operated and managed in accordance with the provisions contained within the Plan of Management which is updated by the requirements of previous condition/s.

f)    The use and operation of the premises must comply with the requirements of Schedule 2 (Standards for Places of Shared Accommodation) of the Local Government (General) Regulation, 2005 under the Local Government Act 1993, the Public Health Act, 2010 and Regulations thereunder.

g)   The operation of the Boarding House shall be in accordance with the Boarding Houses Act 2012 at all times. This includes the registration of the Boarding House, as required by the Act.

h)  Subdivision of the boarding house is not permitted in accordance with the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

71.       Parking – The car parking design and arrangement shall satisfy the provisions of AS 2890. The proposed “shared zone” shall not be a “stacker” and shall remain free and unencumbered at all times. The disabled space and shared zone shall be appropriately sign posted.

 

72.       Boarding house – The proposed building shall operate in accordance with the definition of a “Boarding House” pursuant to the provisions of Kogarah Local Environmental Plan 2012 and the SEPP Affordable Rental Housing 2009.

 

73.       Occupants – A maximum of one (1) person shall occupy each room at any one time within the premises with the common room being accessible to all occupants at all times. The common room shall include a TV, seating and kitchen facilities including a fridge.

 

74.       Development Assessment - Plan of Management - The ongoing use must be carried out in strict accordance with the approved Operational Plan of Management.

 

75.       Development Engineering – Ongoing maintenance of the on-site detention system - The Owner(s) must in accordance with this condition and any positive covenant:

 

(a) Permit stormwater to be temporarily detained by the system;

 

(b) Keep the system clean and free of silt rubbish and debris;

 

(c) If the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain;

 

(d) Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

 

(e) Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;

 

(f)  Not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;

 

(g) Permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;

 

(h) Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

 

(i)   Where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

 

(j)   Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

 

76.       Building - Noise levels emitted from any plant, machinery, mechanical exhaust system or any outdoor air conditioning unit must not exceed the background noise level in any octave band when measured at any point on the boundary of the site.

 

77.       Building - Annual Fire Safety Statement - In accordance with Clause 177 of the Environmental Planning and Assessment Regulation, 2000 the owner of the building premises must cause the Council to be given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:

 

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

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

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

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

 

78.       Responsibility of Owners Corporation - The Owner and/or Managing Agent shall be responsible for presenting all approved waste and recycling receptacles for collection, and returning all receptacles to the Main Waste Collection Room, as soon as practicable after they have been serviced.

 

The Owner/Managing Agent shall also be responsible for maintaining all equipment, systems, facilities and storage areas used in conjunction with the provision of waste management services in accordance with all applicable regulatory requirements, relevant health and environmental standards, and to the satisfaction of Council.

 

79.       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 advised by Georges River Council.

         

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

 

SECTION I                  OPERATIONAL REQUIREMENTS UNDER THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

 

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

 

81.       Appointment of a Principal Certifying Authority - The erection of a building must not commence until the beneficiary of the development consent has:

 

(a) appointed a Principal Certifying Authority (PCA) for the building work; and

(b) if relevant, advised the PCA that the work will be undertaken as an Owner-Builder.

 

If the work is not going to be undertaken by an Owner-Builder, then the beneficiary of the consent must:

(a) appoint a Principal Contractor to undertake the building work. If residential building work (within the meaning of the Home Building Act 1989) is to be undertaken, the Principal Contractor must be a holder of a contractor licence; and

(b) notify the PCA of the details of any such appointment; and

(c)  notify the Principal Contractor of any critical stage inspections or other inspections that are required to be carried out in respect of the building work.

 

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

 

82.       Notification Requirements of PCA - No later than two (2) days before the building work commences, the PCA must notify:

 

(a) the consent authority and the Council (if not the consent authority) of his or her appointment; and

(b) the beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

 

83.       Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the erection of a building.

 

A Notice of Commencement Form is attached for your convenience.

 

84.       Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifying Authority.  The critical stage inspections required to be carried out vary according to Building Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.

 

85.       Notice to be given prior to critical stage inspections - The principal contractor for a building site, or the owner-builder, must notify the principal certifying authority at least 48 hours before each required inspection needs to be carried out.

 

Where Georges River Council has been appointed PCA, forty eight (48) hours notice in writing, or alternatively twenty four (24) hours notice by facsimile or telephone, must be given to when specified work requiring inspection has been completed.

 

86.       Occupation Certificate - A person must not commence occupation or use of the whole or any part of a new building unless an Occupation Certificate has been issued in relation to the building or part.

 

Only the Principal Certifying Authority appointed for the building work can issue the Occupation Certificate.

 

SECTION J                 PRESCRIBED CONDITIONS

 

87.       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.

 

88.       Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign.  The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifying Authority and the Principal Contractor.

 

89.       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.

 

90.       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.

 

END CONDITIONS

 

NOTES/ADVICES

 

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

 

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

 

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

 

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

 

94.       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.

 

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

 

It is to be noted that there are design deficiencies with the existing and proposed buildings in regards to travel distances, egress, operation of exit doors, fire separation and the protection of openings. 

 

96.       Building - Council as PCA - Total Conformity with BCA - Should Council be appointed as the Principal Certifying Authority, the following matters prepared and certified by an appropriately qualified person, must be specifically detailed on the plans to be submitted with the Construction Certificate application, but is not necessarily be limited to include the following:

 

a)Disabled access and sanitary facilities to comply with the Premises Standards, the BCA and with AS 1428.-2009.

b) Mechanical ventilation details of any system to be installed.

c) Natural light and ventilation to habitable rooms.

d) Fire-fighting services and equipment including hydrant systems, hose reels, mechanical air handling system, portable fire extinguishers, emergency lights, exit signs, smoke hazard management and warning systems, etc.

e) Energy efficiency report demonstrating compliance with the BCA.

f)  Fire resistance levels of all building elements including walls, floors, columns, doors and windows openings, etc.

g) Protection to wall openings in the building that stand less than 3 metres from the boundary or fire source feature.

h) Access and egress that demonstrate compliance with the BCA

i)  A certified Fire Engineered Building Report prepared by an accredited fire engineer, where an alternative solution is proposed to be implemented in the building.

 

97.       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.

 

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

 

99.       Electricity Supply - This development may need a connection to the Ausgrid network which may require the network to be extended or its capacity augmented. You are advised to contact Ausgrid on 13 13 65 or www.ausgrid.com.au (Business and Commercial Services) for further details and information on lodging your application to connect to the network.

 

100.    Disability Discrimination Act - This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979.  No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant is responsible to ensure compliance with this and other anti-discrimination legislation.  The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which refers to AS1428.1-Design for Access and Mobility. 

 

101.    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. (DA2018/0038) and reference the relevant 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.

 

The developer must meet all costs of the extension, relocation or reconstruction of any part of Council’s drainage system (including design drawings and easements) required to carry out the approved development. 

 

The preparation of all engineering drawings (site layout plans, cross sections, longitudinal sections, elevation views together with a hydraulic grade analysis) and specifications for the new storm water drainage system to be arranged by the applicant.  The design plans must be lodged and approved by Council prior to the issue of a Construction Certificate. 

 

NOTE: A minimum of four weeks should be allowed for assessment.

 

.

 

ATTACHMENTS

Attachment 1

Revised site plan - 32-38 Judd St Oatley

Attachment 2

Elevations - 32-38 Judd St Oatley

Attachment 3

Revised shadows - 32-38 Judd St Oatley

Attachment 4

Revised finishes - 32-38 Judd St Oatley

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 7 March 2019

LPP008-19              32-38 Judd Street Oatley

[Appendix 1]          Revised site plan - 32-38 Judd St Oatley

 

 

Page 62

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 7 March 2019

LPP008-19              32-38 Judd Street Oatley

[Appendix 2]          Elevations - 32-38 Judd St Oatley

 

 

Page 63

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 7 March 2019

LPP008-19              32-38 Judd Street Oatley

[Appendix 3]          Revised shadows - 32-38 Judd St Oatley

 

 

Page 64

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 7 March 2019

LPP008-19              32-38 Judd Street Oatley

[Appendix 4]          Revised finishes - 32-38 Judd St Oatley

 

 

Page 66

 


 


Georges River Council – Local Planning Panel   Thursday, 7 March  2019

Page 67

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 07 March 2019

 

LPP Report No

LPP009-19

Development Application No

DA2017/0464

Site Address & Ward Locality

324-330 Railway Parade Carlton

Kogarah Bay Ward

Proposed Development

Demolition of existing structures and construction of a 6 storey mixed use development containing 23 residential units, a ground floor commercial tenancy and 2 levels of basement parking

Owners

P Singh

Applicant

AB Works

Planner/Architect

Planner – Plan Urban Services Pty Ltd, Architect – AB Works

Date Of Lodgement

6/10/2017

Submissions

2

Cost of Works

$8,460,000.00

Local Planning Panel Criteria

Local Planning Panels Direction - State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development applies to the proposed development

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

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy (Infrastructure) 2007,  State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development,  State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004,  State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Draft Environment State Environmental Planning Policy,

Apartment Design Guide,

Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013

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

Architectural plans, statement of environmental effects, design verification statement

Arboricultural impact assessment, Traffic and parking impact assessment report, Heritage Report, Acoustics Report

Landscape plan, Stormwater Plans, Survey plan

Carpark certification report and swept paths

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

That the application be granted a deferred commencement consent 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?

 

No, however the applicant will be able to review the conditions when the report is published.

 

Site Plan

Figure 1: Subject Site outlined in red

 

Executive Summary

 

Proposal

1.   The development application DA2017/0464 seeks consent for the demolition of all existing structures on the subject sites, which includes the demolition of half a semi-detached building known as 332 Railway Parade Carlton. Construction of a six (6) storey mixed use development comprising a ground floor commercial tenancy, two (2) ground floor residential units, twenty-one (21) residential units above, including two levels of basement parking, together with site works, provision of services, works to the other half of the semi-detached building in the form of underpinning, structural stabilisation of the building, weatherproofing, external wall and roof reconstruction to the building known as 332 Railway Parade Carlton, formally referred to as Lot 1 in Deposited Plan 229203, and shoring of the northern, eastern and western boundaries the allotment. The subject development site is located at 324-330 Railway Parade Carlton, formally referred to as Lot C in Deposited Plan 413978, Lot D in Deposited Plan 413978 and Lot 2 in Deposited Plan 229203, and 332 Railway Parade Carlton, formally referred to as Lot 1 in Deposited Plan 229203.

 

2.   The residential component of the development includes twenty three (23) units, comprising six (6) x one bedroom and seventeen (17) x two bedroom units, with roof top communal open space and ground floor courtyards for each of the ground floor units. Four (4) x two (2) bedroom units are nominated as adaptable.

 

3.   The proposal will include one (1) commercial premise on the ground floor with an area of 70sqm, which has frontage to Railway Parade.

 

4.   Pedestrian and vehicular access to the site is provided off Railway Parade. The two parking levels of the building will accommodate twenty seven (27) car spaces, seven (7) bicycle spaces and two (2) motorbike spaces. Twenty (20) car spaces are allocated to the residential units, two (2) car spaces for the commercial premise, and five (5) visitor spaces. Twenty-three (23) storage spaces are provided, twenty-one (21) within the 2 basement levels, and two (2) located near the units on the ground floor. The applicant has not included a loading bay in the proposal. Council’s Traffic Engineers have advised a loading bay is not required if the floor areas of the commercial space where it is below 1000m². The Traffic Engineers have advised that a loading bay would be required if this commercial tenancy is used as retail. The LEP definitions detail that a commercial premise includes business, office or retail premises. The application cannot be conditioned to restricted retail premises; as a result a loading bay is required. The applicant has been advised of the loading bay requirement. The requirement for a loading bay will be conditioned. Given the constrained nature of the basement area, this will need to be amended through a design amendment and as such is included as a deferred commencement condition.

 

Site and Locality

5.      The subject site is located on the southern side of Railway Parade, Carlton opposite Carlton railway station being the T4 Eastern Suburbs and Illawarra Rail Line. Adjoining land to the east and west are commercial tenancies zoned B2 Local Centre under the provisions of the Kogarah Local Environmental Plan 2012 (KLEP2012).

 

6.      The proposed development at 324 to 330 Railway Parade, Carlton and 332 Railway Parade Carlton (other side of the semi-detached building), is in the vicinity of the Royal Hotel Carlton and opposite Carlton Railway Station, both are listed in Schedule 5 - Environmental Heritage of the Kogarah Local Environmental Plan 2012 (KLEP), and are identified as being of Local significance.

 

Figure 2: Royal Hotel Carlton in the vicinity of the subject site

 

file1-25

Figure 3: Carlton Railway Station opposite subject site

 

7.      To the rear of the development site is land zoned R3 Medium Density Residential under the provisions of the KLEP2012.

 

Existing development on the subject site and adjoining in the B2 zoned land is commercial with some shop top housing.

 

Zoning and Permissibility

8.      The site is zoned B2 Local Centre under Kogarah Local Environmental Plan 2012 and the proposal being a mixed use development is a permissible form of development with consent. The proposed development satisfies the relevant objectives of the KLEP 2012 and generally satisfies the relevant requirements. The application seeks a variation to the minimum building separation requirements as referenced in the Unit Design Guide (ADG) for the side setbacks. This variation is discussed in detail within the main body of the report and is recommended to be supported in this instance.

 

Submissions

9.      The proposal was notified in accordance with the provisions of the Kogarah Development Control Plan 2013 (KDCP2013) for a period of 14 days on 2 separate occasions, in response two (2) submissions were received objecting to the proposal.

 

10.    The following is a summary of the key points of objection raised in the submissions, which are discussed in detail within the body of this report:

·    Decrease in property value;

·    Obstruction of sunlight and elimination of open view;

·    Impeding the privacy of adjoining neighbours;

·    Increased noise from traffic entering and leaving the complex, street parking will be scarcer than at present; and

·    At 6 storeys in height this is twice the height of our unit block and will be hugely detrimental to the quality of life we should be entitled to.

 

Reason for Referral to the Local Planning Panel

11.    The DA is referred to the Local Planning Panel for determination, as the DA is subject to State Environmental Planning Policy No 65 - Design Quality of Residential Unit Development as referenced in the 9.1 Ministerial direction of 23 February 2018.

 

Issues of Concern

12.    The statement of heritage significance as referenced within the State Heritage Inventory prepared by The Office of Environment and Heritage, details the following:

 

13.    “The Royal Hotel Carlton is historically significant as it represents the grand development that occurred c1920 with the consolidation of the commercial centres (Carlton) as the residential sector expanded”.

 

14.    The Illawarra Railway (Carlton Railway Station) also has historical significance as “Carlton Railway Station - including its platforms, platform buildings and steel footbridge and stair structure - is of Local heritage significance. Carlton Railway Station is of historical significance as its intact 1890s platform buildings and brick-faced platforms demonstrate the development of the Illawarra line from the 1890s and the rapid suburban development at Carlton in the late Victorian period.

 

15.    Carlton Railway Station is of aesthetic significance as a whole, as a collection of structures representative of NSW Railways station architecture of this period”.

 

16.    There are no tree species located within the boundaries of the subject site. The adjoining site at 332 Railway Parade contains a Persea americana tree (Avocado tree) located along the rear boundary. There are a total of two (2) tree species located less than 4.0m from the rear boundary within the adjoining neighbour’s property at 2-4 Winchester Street Carlton. These three (3) trees are to be retained and protected as part of the proposed development. The rear setback of 6m to the basement and upper floor levels provide sufficient distance outside of the tree protection zones for the retention of all three trees.

 

Conclusion

17.    The application has been assessed having regard to the Matters for Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, Local Environmental Plans and Development Control Plans.

 

18.    The application is considered to have addressed the design intent for development within the B2 zone. The proposal with the exception of the building separation non-compliance as referenced by the Apartment Design Guideline to the side boundaries, the application is considered to be acceptable and is recommended for approval subject to a deferred commencement determination to address the Sydney Trains conditions referenced in their concurrence, conditions relating to structural stability and rectification works to the adjoining allotments and the redesign of the basement to accommodate a loading bay whilst not compromising carparking and manoeuvrability, together with standard conditions of consent.

 

19.    Development Application DA2017/0464 is recommended for approval via Clause 4.16(3) as a deferred commencement determination demolition of half a semi-detached building known as 332 Railway Parade Carlton. Construction of a six (6) storey mixed use development comprising a ground floor commercial tenancy, two (2) ground floor residential units, twenty-one (21) residential units above, including two levels of basement parking, together with site works, provision of services, works to the other half of the semi-detached building in the form of underpinning, structural stabilisation of the building, weatherproofing, external wall and roof reconstruction to the building known as 332 Railway Parade Carlton, formally referred to as Lot 1 in Deposited Plan 229203, and shoring of the northern, eastern and western boundaries the allotment. The subject development site is located at 324-330 Railway Parade Carlton, formally referred to as Lot C in Deposited Plan 413978, Lot D in Deposited Plan 413978 and Lot 2 in Deposited Plan 229203, and 332 Railway Parade Carlton, formally referred to as Lot 1 in Deposited Plan 229203.

 

Report in Full

DESCRIPTION OF THE PROPOSAL

20.    The development application DA2017/0464 seeks consent for demolition of half a semi-detached building known as 332 Railway Parade Carlton. Construction of a six (6) storey mixed use development comprising a ground floor commercial tenancy, two (2) ground floor residential units, twenty-one (21) residential units above, including two levels of basement parking, together with site works, provision of services, works to the other half of the semi-detached building in the form of underpinning, structural stabilisation of the building, weatherproofing, external wall and roof reconstruction to the building known as 332 Railway Parade Carlton, formally referred to as Lot 1 in Deposited Plan 229203, and shoring of the northern, eastern and western boundaries the allotment. The subject development site is located at 324-330 Railway Parade Carlton, formally referred to as Lot C in Deposited Plan 413978, Lot D in Deposited Plan 413978 and Lot 2 in Deposited Plan 229203, and 332 Railway Parade Carlton, formally referred to as Lot 1 in Deposited Plan 229203.

 

21.    Demolition

The proposal involves the demolition of all existing structures. The existing structures to be demolished include the four (4) neighbourhood shops, and demolition of half a semi-detached building, being 330 and 332 Railway Parade Carlton.

 

22.    Commercial Component

The proposed mixed use development contains a commercial tenancy on the ground floor with an area of 70sqm. The commercial floor space extends for approximately half the width of the Railway Parade frontage. A continuous awning extending across the Railway Parade frontage of the development site will provide weather protection for pedestrians.

 

Plant, services areas and the bin collection bay associated with both the commercial and residential components of the development are located at ground level. There is a second bin storage area located on basement level 1.

 

The ground level also contains egress from the basement levels and the upper residential levels via fire stairs.

 

23.    Residential Component

The residential component of the development includes twenty three (23) units, comprising six (6) x one bedroom and seventeen (17) x two bedroom units, with roof top communal open-space and ground floor courtyards for each of the ground floor units. Four (4) x two (2) bedroom units are nominated as adaptable units.

 

24.    Access and Parking

Vehicular access is from Railway Parade, to the north-eastern corner of the development site. The car park comprises two basement levels accommodating 27 car parking spaces. Of these 27 spaces 20 are nominated as residential, 2 commercial car spaces, and 5 visitor spaces.

 

25.    Bicycle parking is also included within the basement levels for 7 bicycles.

 

26.    Motorbike parking is also included within the basement levels for 2 motorbikes

 

27.    Pedestrian access throughout the building is via a passenger lift, supported via stairwells for egress.

 

28.    The ground and basement levels accommodate 21 storage areas for the units, along with a waste room on basement level 1, and a bin collection bay on the ground floor.

 

29.    A loading bay is required for this development. The applicant has not included a loading bay in the proposal. Council’s Traffic Engineers have advised a loading bay is not required if the floor areas of the commercial space where it is below 1000sqm. The Traffic Engineers have advised that a loading bay would be required if this commercial tenancy is used as retail. The LEP definitions detail that a commercial premise includes business, office or retail premises. The application cannot be conditioned to restricted retail premises; as a result a loading bay is required. The applicant has been advised of the loading bay requirement. The requirement for a loading bay will be conditioned. Given the constrained nature of the basement area, this will need to be amended through a design amendment and as such is included as a deferred commencement condition.

 

30.    Landscaping

The proposal includes a deep soil zone to the rear of the site; this area will be divided to be used as courtyards for units AG01 and AG02. The landscaping proposal also includes some screen planting adjacent to terraces located on the north eastern and south western terraces on the first floor.

 

31.    The communal open space for the development is located on the roof top. The roof top communal open space incorporates outdoor furniture, kitchenette and raised planter beds at its edges to limit the trafficable area of the roof top. An accessible WC will be required for the roof-top communal area; this has been recommended via a condition of consent ensuring the communal open space area is not reduced.

 

Figure 4 – Perspective of the proposed development as viewed from Railway Parade.

 

DESCRIPTION OF THE SITE AND LOCALITY

32.    The subject site has a street address of 324, 328, 328a and 330 Railway Parade Carlton, and is formally referred to as Lot C in Deposited Plan 413978, Lot D in Deposited Plan 413978 (for 328 and 328a Railway Parade) and Lot 2 in Deposited Plan 229203 respectfully. The semi-detached building that adjoins 330 Railway Parade Carlton has a street address of 332 Railway Parade Carlton, and is formally referred to as Lot 1 in Deposited Plan 229203.

 

33.    The combined area and dimensions of the subject site are as follows:

 

Site Area

748.3sqm

Frontage to Railway Parade (north western boundary)

19.745m

Rear south eastern boundary

18.285m

Side south western boundary

44.575m

Side north eastern boundary

37.280m

 

34.    The subject site is located on the southern side of Railway Parade being approximately 50m south and south-west of the Carlton railway station and T4 Eastern Suburbs and Illawarra Rail Line. The site is less than 45m from the corner of Railway Parade and Jubilee Avenue Carlton, where the heritage listed Royal Hotel Carlton is located.

 

35.    There is a total of four (4) neighbourhood shops across a frontage of the development site being:

·    324 Railway Parade Carlton - remedial massage business

·    328 Railway Parade Carlton - tattoo parlour

·    328a Railway Parade Carlton - computer hardware business

·    330 Railway Parade Carlton - massage business

·    332 Railway Parade Carlton (semi-detached relating to 330 Railway Parade) - take-away fish shop.

 

 

Figure 5 – Existing commercial tenancies as viewed from Railway Parade

 

36.    Adjoining the subject site at 322 Railway Parade Carlton is a commercial tenancy occupied by a newsagency business with a first floor residential unit. Conditions are recommended in the Deferred Commencement part of the determination for shoring details of this site when demolition and excavation is to be undertaken.

 

37.    Adjoining the subject site at 332 Railway Parade Carlton is a commercial tenancy occupied by a take-away fish shop. This tenancy is the adjoining semi-detached building associated with 330 Railway Parade Carlton. The owner of this site has signed an indemnity agreement providing owners consent for the demolition of the semi-detached structure at no 330 Railway Parade, underpinning, weatherproofing, external and roof reconstruction, and shoring of the allotment.

 

Zoning and Permissibility

38.    The subject site is zoned Zone B2 Local Centre under the provisions of the Kogarah Local Environmental Plan 2012 (KLEP2012).

 

Figure 6 – Zoning map – the site is outlined in red.

 

Figure 7 - Heritage Map showing the Hotel and the Railway Line

 

39.    The objectives of the B2 zone are as follows:

·    To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

·    To encourage employment opportunities in accessible locations.

·    To maximise public transport patronage and encourage walking and cycling

 

40.    The proposed development is generally consistent with the objectives of the B2 zone, as the development will provide for both commercial and residential land uses within an accessible location to the nearby Carlton Railway Station. Employment opportunities arise from the proposed commercial area on the ground floor of the building and the employment of contractors during the construction of the development.

 

41.    This area was up-zoned in 2017 under the Kogarah LEP 2012 Amendment No. 2 (New City Plan) which permitted the height and FSR the subject of this assessment. The up-zoning failed to provide controls relating to the requirements for the number or size of commercial tenancies/space to be provide in future developments. This application will result in the removal of 4 existing commercial tenancies, with the development seeking to include one commercial space on the ground floor of the development. It is acknowledged Carlton is a centre opposite the rail corridor and could support increased commercial tenancies. In this regard given the site is zoned B2, Council would welcome the future use of the residential components of the development as SOHO units (small office/home office) or the potential conversion of the residential units to commercial suites.

 

HISTORY

42.    The following provides a brief outline as to the history of the subject DA:

 

6 Oct 17         Subject DA, being DA2017/0464 lodged with Georges River Council (GRC).

17 Oct 17       Application notified for a 14-day period from 19 October 2017 until 2 November 2017. Two (2) submissions were received, both in objection of the proposal.

10 Nov 17      Design Review Panel (DRP) meeting held. The recommendation from the meeting was that the application be supported, subject to a number of issues being resolved – refer to detailed discussion later in this report.

6 Apr 18         Request for additional information sent to the applicant raising the following issues:

-   The proposed bin room will need to be amended to provide sufficient room for a minimum of 12 garbage bins and 12 recycling bins.

-   The proposed stormwater system is not acceptable and should be investigated further given the development could not establish connection to the existing stormwater easement as there is no existing pipe. Further investigation is required to determine which properties benefit from the easement and potential installation of a pipe within the easement.

-   Further investigation is required regarding the noise level referenced in the acoustics assessment.

-   DRP minutes were also attached for review.

-   Confirmation was also made that the application attracted 2 submissions.

30 Apr 18       A subsequent request for information was sent to the applicant raising the following issues:

-   A heritage management document is to be prepared by a qualified heritage consultant to assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage items concerned. Furthermore the report is to include recommendation for the treatment of the façade of the development in accordance with the issues raised by the Design Review Panel.

-   Redacted submissions attached for review/comment

19 Jun 18      Amended plans, Arborist and heritage reports received

28 Aug 18      Application notified for a 14-day period from 30 August 2018 until 13 September 2018. There were no submissions received as a result of the second notification.

                        Pursuant to Clause 86 of State Environmental Planning Policy (Infrastructure) 2007, a referral was made to Sydney Trains.

Internal referrals re-issued for review of amended plans

30 Aug 18     Meeting with applicant re status of referrals and requirement for payment of integrated referral. Owner provided cheque for payment made to Sydney Trains, recorded and forwarded to Sydney Trains.

3 Sep 18        A subsequent request for information was sent to the applicant for a traffic impact study to address the entrance and exit location and grades and parking layout. Email advice was also sent for confirmation of lodgement of the Sydney Trains referral.

5 Sep 18        Amended stormwater plans received and forwarded to development engineers

11 Sep 18      Comments received from Council’s heritage consultant.

19 Sep 18      Traffic impact assessment / certification received and forwarded to council’s traffic engineer for assessment.

21 Sep 18      Email received from applicant regarding preliminary assessment carried out by Ausgrid suggesting connection to existing substation

27 Sep 18      Revised acoustics report received and forwarded to council’s Environmental Health Officer

10 Oct 18       Advice given that Sydney Trains have not received the referral, reissued plans to Sydney Trains for review and assessment

17 Oct 18       Concurrence letter received from Sydney Trains providing recommended conditions for a deferred commencement determination

7 Nov 18        Comments received from Council’s traffic engineer with recommended conditions

7 Nov 18        Comments received from Council’s strategic planner with concerns in relation to the proposal offering 1 commercial suite in place of removing 4 commercial suites.

26 Nov 18      Revised BASIX certificate received

18 Feb 19      Indemnity Agreement with consent from owner of 332 Railway Parade Carlton received

 

STATUTORY CONSIDERATIONS

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

 

PLANNING ASSESSMENT

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

 

44.    Section 4.15(1): Matters for consideration—general

In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a)  the provisions of:

(i)  any environmental planning instrument

 

45.    The following Environmental Planning Instruments are relevant to this application:

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

State Environmental Planning Policy (Infrastructure) 2007

Yes

State Environmental Planning Policy No 55 - Remediation of Land

Yes

State Environmental Planning Policy No 65 – Design Quality of Residential Unit Development and the Unit Design Guide

Yes

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

Yes

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

Yes

Draft Environment State Environmental Planning Policy

Yes

Kogarah Local Environmental Plan 2012

Yes

Hurstville Local Environmental Plan 2012

Yes

Kogarah Development Control Plan 2013

Yes

 

          (ii)     any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent

 

46.    There are no applicable Proposed Environmental Planning Instruments

 

(iii)    any development control plan, and

 

47.    The applicable Development Control Plans to the proposed development are:

·        Kogarah Development Control Plan 2013.

·        Kogarah Section 94 Contribution Plan.

 

(iiia) any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4, and,

 

48.    There is no planning agreement proposed.

 

(iv)    the regulations (to the extent that they prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates,

 

49.    There are no further prescribed matters under the Regulations apart from compliance with the National Construction Code (BCA).

 

(b)     the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

 

50.    Natural Environment

The proposed development is unlikely to result in adverse impacts to the natural environment. There are no street trees located in the nature strip however there are 2 new street trees proposed to be planted.

 

A landscape plan prepared by a qualified landscape architect shows appropriate deep soil planting to the rear of the site. Planting is also nominated adjacent to terraces located on the north eastern and south western terraces on the first floor, and to the perimeter of the roof top communal open space. An updated landscape plan has been recommended as a condition of consent prior to the issue of a Construction Certificate to align with the proposal for street tree planting as depicted on the amended site plan.

 

The proposed excavation is for the purposes of providing two basement levels for car parking and associated facilities. The excavation is consistent with that required for most new developments and has generally been supported by Council’s development engineers.

 

The stormwater management system is to include an underground basement pump out system to facilitate drainage to council’s kerb and gutter, with excess stormwater to be drained by gravity to the OSD system. An updated stormwater drainage plan has been recommended as a condition of consent prior to the issue of a Construction Certificate, so as to align with these requirements.

 

In order to demonstrate the demolition and excavation will not result in the undermining of the adjoining development and the public domain, recommended deferred commencement conditions will be imposed. Conditions have been recommended for the submission of a geotechnical engineer investigation (for the subject site and adjoining sites), shoring details, underpinning, detailed demolition methodology, proposed rectification works for the adjoining semi-detached building, timeline for demolition and rectification of the adjoining semi-detached building, dilapidation report for the adjoining semi-detached building and public land, with certification by the investigating geotechnical and structural engineer for all associated works.

 

51.    Built Environment

The proposed development is unlikely to result in adverse impacts to the built environment. The proposed development complies with the relevant envelope and density requirements, and the proposed design has provided significant articulation to the rear of the development to reduce the overshadowing to the southern neighbours.

 

The height, bulk, scale and form of the development are consistent with the respective controls of the Kogarah LEP Amendment No 2 (New City Plan).

 

Consideration has been given the impact on the adjoining buildings and their foundations and conditions about their protection and rectification are provided as recommended deferred commencement conditions.

 

52.    Social Impact

No adverse social impacts are expected resulting from this development.

 

The proposal will provide for 23 new dwellings with a mix of typology in the Georges River Local Government Area and will assist in meeting the housing needs of the community. The units being a combination of 1 and 2 bedrooms including adaptable units contributes to the providing for the needs of the community.

 

The development is therefore considered to be respectful of the social impact of development in this location.

 

53.    Economic Impact

The proposed development has a positive impact on the economy through the provision of housing, including adaptable housing and the provision of a commercial tenancy.

 

It is acknowledged this development involves the removal of 4 traditional narrow commercial tenancies and their replacement with a modern development whereby only one commercial space is provided which is consistent with the controls provided post the zoning up-lift.

 

Given the location of this development’s close proximity to the rail station, Council would welcome any future occupant of the development proposing to use the residential units as SOHO units (small office/home office) or the conversion of a residential unit to commercial floor space.

 

The proposal is considered acceptable in this regard.

 

(c)   the suitability of the site for the development,

 

The proposed development is of a scale and design that is suitable for the site. Having regard to its size, shape, topography, vegetation and relationship to adjoining developments. The subject site does not contain any impediments that would preclude it or compromise its suitability for the intended land use as proposed.

 

(d)  any submissions made in accordance with this Act or the regulations,

 

54.    The proposal has been notified and all submissions received are discussed in detail under the submissions and referral section of this report.

 

(e) the public interest.

 

55.    The proposal satisfies the applicable EPI’s and objectives of the Act and is not contrary to the Public interest.

 

Environmental Planning and Assessment Regulations 2000 (EP&A) Regulation 2000

56.    The proposed development satisfies the relevant matters for consideration under the Regulations.

 

State Environmental Planning Policies

57.    Compliance with the relevant State Environmental Planning Policies is detailed and discussed below.

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

58.    The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 — Georges River Catchment. The proposal, including the disposal of stormwater, is considered to be consistent with Council's requirements for the disposal of stormwater within the catchment.

 

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

 

60.    Disposal of the on-site stormwater is proposed to the street kerb and gutter system, through a pump out system located in the under-ground basement, with excess stormwater to drain by gravity to the OSD system.

 

State Environmental Planning Policy (Infrastructure) 2007

61.    The proposed development is subject to Clause 85, Clause 86 and Clause 87 of the SEPP (Infrastructure) as the subject site is located adjacent to Eastern Suburbs and Illawarra Railway Line.

 

62.    Sydney Trains have issued their concurrence in the form of deferred commencement conditions which have been included in the recommendation of this this report.

 

State Environmental Planning Policy No 55 - Remediation of Land

63.    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.

 

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.

 

A review of the site history suggests that the site has been used for residential and commercial purposes for extended periods of time, and such uses and/or development are not typically associated with activities that would result in the contamination of the site.  Further to the site review, submitted information and site inspections did not identify evidence of contamination. The proposal is therefore considered to satisfy the criteria of SEPP 55.

 

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

64.    BASIX Certificate No. 857711M_02 prepared by Max Brightwell dated 23 November 2018 has been issued for the proposed development.

 

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

65.    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 applies pursuant to Clause 5(1) of the SEPP as the site is within both Georges River Council and the B2 Local Centre 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).

 

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

66.    Clause 28(2) of SEPP65 requires that the consent authority take into consideration the following as part of the determination of DAs to which SEPP 65 applies:

 

a) the advice (if any) obtained from the design review panel, and

b) the design quality of the development when evaluated in accordance with the design quality principles, and

c)  the Unit Design Guide.

 

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

 

Application of SEPP 65

 

Compliance with SEPP 65

Clause

Standard

Proposal

Complies

Clause 3 - Definitions

SEPP 65 applies to residential unit development

The application is a mixed use development with residential units which complies with the definition.

Yes

Clause 4 - Application of Policy

Development involves the erection of a new RFB.

 

The definition of an RFB in the SEPP includes mixed use developments and shop top housing developments.

Construction of a “mixed use” development being ground floor commercial and residential units above satisfies the SEPP’s definition of mixed use.

Yes

Clause 50 (1a) – Development Applications

Design verification statement provided by qualified designer

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

Yes

 

Environmental Planning and Assessment Regulations 2000

67.    The proposed development satisfies the relevant matters for consideration under the Regulations.

 

The advice (if any) obtained from the design review panel

 

68.    The DA was reviewed by the Design Review Panel (DRP) at a meeting held on 10 November 2017 having regard to each of the nine (9) Design Quality Principles.

 

The minutes of the DRP recommends support of the application, subject to the issues raised being resolved. It is noted that the DRP indicates that the application satisfied the design quality principles contained within SEPP65.

 

The issues raised by the DRP are outlined below, and commentary on how the application was amended accordingly.

 

Compliance with the principles of the ADG

SEPP 65 – Design Quality of Residential Flat Buildings 

DRP Comment

Planner Comment

Context and Neighbouring Character 

Good design responds and contributes to its context. Context is the key natural and built features of an area, their relationship and the character they create when combined. It also includes social, economic, health and environmental conditions. 

Responding to context involves identifying the desirable elements of an area’s existing or future character. Well designed buildings respond to and enhance the qualities and identity of the area including the adjacent sites, streetscape and neighbourhood. 

Consideration of local context is important for all sites, including sites in established areas, those undergoing change or identified for change. 

The proposal is the first in the immediate area that will almost certainly change substantially with recent changes to the planning controls to permit greater height and density. The existing context is one (1) and two (2) storey retail premises built to the street alignment with generally no off-street parking or servicing capacity. To the immediate west of the site is a very attractive widened footpath landscape treatment with mature deciduous trees (Pyrus sp.), public seating and outdoor dining areas. To the east of the site on the corner of Railway Parade and Jubilee Avenue is a heritage listed hotel, the form and character of which needs to be acknowledged in the facade treatment of the subject site and others to be developed in future in the block.

The comments of DRP are noted.

 

Built Form and Scale 

Good design achieves a scale, bulk and height appropriate to the existing or desired future character of the street and surrounding buildings. 

Good design also achieves an appropriate built form for a site and the building’s purpose in terms of building alignments, proportions, building type, articulation and the manipulation of building elements. 

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook. 

The built form proposed is much higher than existing development in its context but complies with Council LEP controls and will set a precedent in relation to the future height and character.

 

The required parking access is currently at 6m wide to permit passing vehicles. A better solution from a street activation perspective would be for a 3m wide access way and some form of traffic control.

 

 

 

 

 

 

 

 

 

 

 

 

 

An awning over the footpath should be provided desirably with cutouts to allow street tree planting to complement the existing trees on the adjacent sites to the west.

 

 

 

The retention of deep soil area on the rear part of the property is commendable. It would be preferable for this area to be in common ownership and maintained by body corporate in order to facilitate good order and management of the trees and landscaped area, including those on the immediate adjoining sites which rely for their survival on the quality and maintenance of this area. It is suggested there be direct access and visual link from the entrance lobby into this space, as well as casual observation from the street.

 

The design of the street façade should be reconsidered to ensure that the detail and form of the heritage item and adjacent streetscape character is respected in its detailed articulation and character

Noted.

 

 

 

 

 

 

The comments are noted, and from an urban design interface this would be a desirable design outcome, however the width of the vehicle access is being retained to ensure there is no vehicle conflict especially with vehicles accessing the site, providing adequate sightlines for pedestrian movement within the public domain which was reinforced by Council’s Traffic Engineers.

 

An awning has been provide across the entire frontage of the development site, street trees have been nominated on the site plan.

 

Whilst it is ideal to provide the rear deep soil area to be in common ownership, the current proposal has the 2 residential units discharging directly to these areas with no design provision for resident access to this part of the development, given they are private spaces.

 

 

 

 

The design of the development does not provide linkage from the front of the site to the rear, and providing this would compromise the internal functioning of the development. The design of the proposal has been reviewed by Council’s Heritage Consultant. The design is considered to respect the location of the development and the heritage item in proximity of the site.

Density 

Good design achieves a high level of amenity for residents and each unit, resulting in a density appropriate to the site and its context. 

Appropriate densities are consistent with the area’s existing or projected population. Appropriate densities can be sustained by existing or proposed infrastructure, public transport, access to jobs, community facilities and the environment.

Compliant and acceptable 

Noted.

Sustainability 

Good design combines positive environmental, social and economic outcomes. 

Good sustainable design includes use of natural cross ventilation and sunlight for the amenity and liveability of residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation.

Subject to BASIX.

 

See below under ‘Landscape’ regarding additional initiatives.

Noted. A revised BASIX certificate has been provided.

Landscape 

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A positive image and contextual fit of well designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood. 

Good landscape design enhances the development’s environmental performance by retaining positive natural features which contribute to the local context, co-ordinating water and soil management, solar access, micro-climate, tree canopy, habitat values and preserving green networks. 

Good landscape design optimises useability, privacy and opportunities for social interaction, equitable access, respect for neighbours’ amenity and provides for practical establishment and long term management. 

As this development will set a precedent for other developments along this strip, the streetscape elements are of importance. Street trees, paving and street furniture should all be included in the development in collaboration with Council.

 

A tree survey for the subject and adjacent sites should be undertaken to correctly identify the species present, their locations and tree protection zones.

 

The common roof garden space should be optimized for communal function at the expense of the large roof lights to units below.

The revised plans have proposed the introduction of two new street trees that will enhance the existing streetscape character along Railway Parade.  The revised plans have been used as the basis of this assessment report.

 

Council has received an arboricultural assessment that has identified and located the adjoining tree species along the southern boundary. The existing species are proposed to be retained and protected as part of the development proposal. The development does not propose to encroach the tree protection zone for the trees, and therefore retention and protection will not be impeded as a result of the excavation works.

 

The proposed communal area offers sufficient landscaping by way of planter boxes with species that will enhance the amenity of the locality.

Amenity 

Good design positively influences internal and external amenity for residents and neighbours. Achieving good amenity contributes to positive living environments and resident well being. 

Good amenity combines appropriate room dimensions and shapes, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas and ease of access for all age groups and degrees of mobility. 

The following issues should be addressed:-

 

·   The awning should be designed to ensure adequate protection from sunlight in summer, as well as accommodating street trees

 

 

 

 

 

 

 

 

·   Lighting and ventilation should be provided to internal bathrooms on the top floor by way of roof lights/vents

 

 

 

The communal space should be developed to ensure that there is adequate sunlight during winter months, taking into account future overshadowing by the potential development of adjoining sites to the same height and form.

 

 

 

The amended plans have included an awning for the full width of the frontage of the development site. A condition has been included in the recommended conditions for the inclusion of under awning lighting.

 

The applicants have not addressed this suggestion; they have retained the mechanical ventilation proposed.

 

The development complies given there is no redevelopment adjoining.

Safety 

Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose. Opportunities to maximise passive surveillance of public and communal areas promote safety.

A positive relationship between public and private spaces is achieved through clearly defined secure access points and well lit and visible areas that are easily maintained and appropriate to the location and purpose.

Satisfactory 

Noted.

Housing Diversity and Social Interaction 

Good design achieves a mix of unit sizes, providing housing choice for different demographics, living needs and household budgets. 

Well designed unit developments respond to social context by providing housing and facilities to suit the existing and future social mix. 

Good design involves practical and flexible features, including different types of communal spaces for a broad range of people and providing opportunities for social interaction among residents. 

Generally satisfactory.

 

The communal space as proposed is commendable in principle but should be refined to provide a small enclosed space with kitchenette facilities, and to ensure that it receives adequate sunlight. The option of an additional communal level accessed from the floor above might be explored as one way of ensuring that there is sunlight to at least part of the communal space.

Noted.

 

The plans as amended have provided a communal kitchenette located adjacent to the outdoor communal area on the top floor of the development. This space is covered by an awning and has a table and 6 chairs nominated. An accessible WC will be conditioned to be provided in this location.

 

The proposed articulation towards the rear of the top floor has been proposed to enable sunlight to the communal area.

Aesthetics 

Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure. Good design uses a variety of materials, colours and textures. 

The visual appearance of a well-designed unit development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape. 

See above for recommendations on three (3) storey contextual building base. The design of the façade will need to be reconfigured to address this issue.

The revised plans have not incorporated any further changes to the façade. The façade offers vertical and horizontal articulation, as with a variety of materials to reduce the perceived dominance of the built form presented to the street.

 

 

 

DESIGN REVIEW PANEL RECOMMENDATION

69.    The final comments from the Design Review Panel were in support of the application subject to the issues raised above being resolved. The DRP noted that the application satisfies the design quality principles contained in SEPP 65.

 

The design quality of the development when evaluated in accordance with the design quality principles

 

70.    Clause 28 of SEPP65 requires the consent authority to take into consideration the provisions of the ADG. A compliance table assessment has been provided below to detail how the proposed development, performs against the relevant provisions of the ADG.

 

71.    As demonstrated within the ADG compliance table, the proposal is generally satisfactory when considered against the relevant objectives, design criteria and design guidance for residential flat buildings.

 

Clause 30 – Consideration of Unit Design Guide

 

Compliance with the ADG standards

Clause

Standard

Proposal

Complies

2G – Street setbacks

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

The proposal being a mixed use development has a zero lot boundary setback to Railway Parade.

Yes

3D-Communal and Public Open Space

 

 

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

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

 

 

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

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

 

 

 

• provide larger balconies or increased private open space for units

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

 

2. Developments achieve a minimum of 50% direct

sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid winter)

The development requires a minimum of 187.075sqm. The proposal offers 150sqm of communal open space on the rooftop of the fifth floor to the rear of the site. This is considered acceptable given the size of the balconies and the courtyard provided to the ground floor units.

 

 

 

 

 

 

 

 

The rooftop communal area incorporates an outdoor landscaped area, kitchenette and a table and 6 chairs under an awning. It is recommended that an accessible WC be imposed for the rooftop communal area.

 

The ground floor rear units each have a minimum of 50sqm of private open space. The rear facing units on subsequent levels have   balconies in excess of the minimum required.

 

 

 

 

The rooftop communal open space achieves the  minimum 2 hours of unobstructed solar access to at least 50% of the area

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

3E-Deep Soil zones

 

 

1. Deep soil zones are to meet the following minimum

requirements:

 

-  7% minimum area

-  3m minimum dimension but Where the site is less than 650sqm there is no minimum dimension

The proposed development provides 103sqm (13.76%) of deep soil zone across the rear of the site with a minimum dimension of 4.7m in depth and 18m in length.

 

Yes

3F-Visual Privacy

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

 

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

 

Up to four storeys (approximately 12m):

• 12m between habitable rooms/balconies (6m setback to the boundary)

• 9m between habitable and non-habitable rooms (4.5m setback to the boundary)

• 6m between non-habitable rooms (3m to the boundary)

 

Five to eight storeys (approximately 25m):

• 18m between habitable rooms/balconies (9m to the boundary)

• 12m between habitable and non-habitable rooms (6m to the boundary)

• 9m between non-habitable rooms (4.5m to the boundary)

The proposal includes blade walls between balconies, privacy screening to a selection of windows, increased wall separation between front and rear units, and windows that do not directly align with each other.

 

The residential components of the development incorporate ‘cut outs’ within the building in order to provide a separation between the openings in the units and the allotment boundary, with elements of the external walls being built to the boundary containing no openings.

 

The windows within the eastern side of the residential flat building are located 5.01m from the common boundary.

 

The western side of the residential flat building has a setback to the allotment boundary of 4.57m.

 

The openings in the eastern and western elevations have been fitted with privacy screening to protect the visual outlook to the future development adjoining in order to satisfy the objectives of these controls where the numerics have not been achieved.

 

The proposal has units looking towards each other, these openings have also been fitted with screens angled in a manner to stop direct overlooking from one unit into another protect the privacy and amenity of future occupants.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

3G-Pedestrian access and entries

Building entries and pedestrian access connects to and

addresses the public domain

 

Multiple entries (including communal building entries

and individual ground floor entries) should be provided to activate the street edge

The proposal is directly accessible from Railway Parade to the residential lobby and the commercial tenancy.

 

 

 

 

Yes

3H-Vehicle Access

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

Basement access and egress is via the vehicular crossing located on the northern eastern corner of Railway Parade frontage, and designed to be sufficient in width to facilitate 2 vehicles to reduce pedestrian and vehicle conflict.

 

It is acknowledged this area may require amending to provide the loading bay that is required and has not been provided by the applicant in the design which is being addressed via deferred commencement condition.

Yes

3J- Bicycle and car parking

For development in the following locations:

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

 

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

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

 

RMS requirements for medium density developments (RFB between 2-20 dwellings)

1 space for each unit

1 additional space per each 5 x 2bedroom unit

1 additional space per 2 x 3 bedroom

1 space per 5 units for visitor car parking

 

Office/commercial

1 space per 40sqm of GFA

 

Retail 6.1 spaces per 100sqm of GFA

The proposed development is within 50m of Carlton Railway station. As such the minimum car parking requirements are compliant with respect to the RMS Guide to Traffic Generating Developments.

 

 

Yes

 

 

 

 

 

 

 

 

 

 

4A- Solar Access

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

 

 

 

 

 

 

 

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

 

Daylight access is maximised where sunlight is limited.

The proposal offers unobstructed solar access to the units that front Railway parade, being a total of 14 units.

 

The residential flat building has been designed so that the units are physically separated through the centre of the site whereby the development has been recessed from the side boundaries.

 

This has an effect of allowing natural light and solar access to penetrate the units in the location and will therefore receive sunlight from a northerly aspect. It is acknowledged that this is not full access, but it will facilitate the 2hrs required by the AGD to an additional 4 units.

 

As a result 22% of the units do not receive the required sunlight, with 2 of these units being oriented due south.

 

Whilst the wester facing units will not receive the required sunlight they have available natural light to their internals

 

Given the orientation of the allotment and the B2 zoning which encourages zero setbacks, this design has achieved the objectives of this clause. 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

4B-Natural Ventilation

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

 

Overall depth of a cross-over or cross-through unit does not exceed 18m, measured glass  line to glass line

 

The building should include dual aspect units, cross through units and corner units and limit unit depths

The proposal offers natural cross ventilation to 16 of the 23 residential units. Therefore a total of 69.57% of the development offers natural cross ventilation to the residential units.

 

Yes

4C-Ceiling Heights

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

 

If located in mixed use areas = 3.3m for ground and first floor to promote future flexibility of use.

Habitable rooms  = 2.7m

Non-habitable rooms = 2.4m.

Residential floor to floor height of 3.1m

 

 

 

 

 

Ground floor/first floor is 3.6m.

 

 

 

The residential areas have a floor to ceiling height of 2.8m and a floor to floor height of 3.1m.

 

 

 

 

 

Yes

 

 

 

Yes

 

4D-Unit size and layout

Units are required to have the following

minimum internal areas:

 

1 bedroom = 50sqm

2 bedroom = 70sqm

3 bedroom = 90sqm

 

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

 

Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms

 

 

 

 

The 1-bedroom units range from 54sqm to 63sqm.

The 2 bedroom units range from 75sqm to 77sqm.

 

 

 

 

 

 

 

The plans show windows that meet and exceed the 10% of the floor area of the respective habitable room for each residential unit.

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

 

4D- Unit rooms, location and sizes

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

 

 

 

 

In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window

The ceiling heights for the residential units are proposed to be 2.8m for all habitable rooms, as such the depth of the habitable rooms are no greater than 7.0m.

 

The residential units adopt an open plan layout incorporating living, dining and kitchen as a single room. The depths, not inclusive of the kitchen cabinetry are less than 8.0m.

Yes

 

 

 

 

 

 

Yes

4D- Unit rooms, location and sizes

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

 

Bedrooms have a minimum dimension of 3m (excluding wardrobe space)

 

Living rooms or combined living/dining rooms have a minimum width of:

 

- 3.6m for studio and 1 bedroom

- 4m for 2 and 3 bedroom units

 

The width of cross-over or cross-through units

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

The master bedrooms are a minimum of 10sqm and all subsequent bedrooms are a minimum 9sqm excluding robe/storage spaces.

Yes

4E-Private Open space and balconies 

All units are required to have primary balconies as follows:

1 bedroom = 8sqm/2m depth

2 bedroom = 10sqm/2m depth

3+ bedroom = 12sqm/2.4m

 

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

For units at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15sqm and a minimum depth of 3m

 

 

 

The proposed 1 bedroom units have balconies minimum of 10sqm with an average depth of 2m.

 

The proposed 2 bedroom units have balconies that are at least 10sqm and an average depth of at least 2m.



 

 

 

Yes

 

 

 

 

Yes

4F- Circulation spaces

The maximum number of units off a circulation core on a single level is eight

The maximum proposed for each floor is 5 units per level.

Yes

4G- Storage

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

 

-1 bedroom = 6m³

-2 bedroom – 8m³

3 bedroom – 10m³

A minimum of 8m³ is provided for each unit in the form of, linens and storage within the basement levels.

Yes

4K- Unit mix

A variety of unit types is provided

The development proposes 6 x 1 bedroom and 17 x 2 bedroom units, with 4 nominated as adaptable.

Yes

4M-Facades

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

The proposed façade offers a range of materials, finishes and articulation and the public domain is interface is relative to the human scale.

Yes

4N-Roof design

Roof treatments are integrated into the building design and positively respond to the street. Opportunities to use roof space for residential accommodation and open space are maximised. Incorporates sustainability features.

The roof treatment for the balconies along Railway Parade are integrated into the elements of the façade.

Yes

4O-Landscape design

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

The proposed landscaping offers 2 new street trees within the nature strip of Railway Parade.

Yes

4P- Planting on structures

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

The proposed landscaping offers deep soil landscaping to the rear of the site, and planter boxes around the communal open space area located on the top floor, screen planning to the side/rear facing units on the first floor, and 2 new street trees within the nature strip.

Yes

4Q-Universal design

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

The development proposes 1 and 2 bedroom units, with 4 being nominated as adaptable.

Yes

4R- Adaptive reuse

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

N/A – the development is a new building.

N/A

4S-Mixed Use

Mixed use developments are provided in appropriate locations, provide active street frontages, residential levels of the building are integrated within the development and safety and amenity is maximised for residents

The proposed commercial tenancy is accessed directly from Railway Parade.

Yes

4T- Awnings

Awnings and signage – awnings are well located and compliment and integrate with the building design, signage responds to the context and desired streetscape character

An awning has been proposed across the entire frontage of the development site and has been conditioned to contain under awning lighting.

Yes

4U- Energy Efficiency

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

A compliant BASIX certificate has been provided. Given that the development is built to the front and side boundaries mechanical ventilation has been proposed throughout the building.

 

Yes

4V

Water management and conservation

Potable water use is minimised

Urban stormwater is treated on site before being discharged to receiving waters

Flood management systems are integrated into site design

A compliant BASIX certificate has been provided addressing the potable water usage and the stormwater has been controlled via an underground pump out system and OSD disposal.

Yes

4W

Waste management

Waste storage facilities are designed to minimise impacts on the streetscape, building entry and amenity of residents

Domestic waste is minimised by providing safe and convenient source separation and recycling

A garbage room has been nominated in the basement level and a bin collection bay on the ground floor of the development.

The space combined is considered to be acceptable by Council’s Waste Officer.

Yes

4X

Building maintenance

Building design detail provides protection from weathering

Systems and access enable ease of maintenance

Material selection reduces ongoing maintenance costs

There are a number of access points and maintenance areas including the lift service shaft, maintenance room, switch room and pump room which are available from within the building. Access to the OSD basin is located between A1.03 and A1.04 on the first floor.

Access to most windows of the development is via the balconies for their respective units.

Yes

 

Draft Environmental Planning Instruments

 

Draft Environment SEPP

72.    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.

 

73.    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.

 

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

 

Environmental Planning Instruments

 

Kogarah Local Environmental Plan 2012

75.    The extent to which the proposal complies with the relevant standards of Kogarah Local Environmental Plan 2012 (KLEP2012) is outlined in the table below.

 

Clause

Standard

Proposed

Complies

Part 2 – Permitted or Prohibited Development

B2 Local Centre

The proposal being a mixed use development is permissible with Council's consent.

Yes

 

Objectives of the Zone

Consistent with zone objectives

Yes.

4.3 – Height of Buildings

21m as identified on Height of Buildings Map

Proposal measures a maximum of 20.75m at the lift overrun and 19.98m at the rear building line.

Yes

4.4 – Floor Space Ratio

2.5:1 as identified on Floor Space Ratio Map

2.5:1.

Site area 748.3sqm per survey plan.

Maximum permitted FSR =1870.75sqm.

Proposed FSR is 1870.0sqm

Yes

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

FSR calculated in accordance with this clause.

Yes

5.10 – Heritage Conservation

The objectives of

this clause are;

(i) to conserve the environmental heritage of Kogarah,

(ii) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views.

The site is within the vicinity of the Carlton Railway Station and the Royal Hotel Carlton which are listed as items I28 and I29 of Local significance within the Kogarah Local Environmental Plan 2012 respectively

 

Council’s heritage planner has reviewed the proposal and considers that application to be acceptable in this regard.

Yes

6.2 Earthworks

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

The proposed earthworks are considered acceptable having regard to the provisions of this clause. The works are not likely to have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

 

In order to demonstrate the demolition and excavation will not result in the undermining of the east and west adjoining developments, and the public domain, the proposed works will incorporate shoring and underpinning. Conditions have been recommended to ensure there will be no detrimental impact as a result of the development.

Yes

 

Development Control Plans

 

KOGARAH DEVELOPMENT CONTROL PLAN NO 2013 (KDCP)

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

 

77.    Below is a discussion on the key non-compliances/issues with the KDCP2013.

 

Active Frontages

78.    Part 3.6.2 of D1 outlines requirements for active frontages within the B1 and B2 zones. The objectives of the controls are provided as follows:

 

a)   Achieve a well designed streetscape that engages and activates the commercial locality and contributes to its economic viability.

b)   Ensure streetscapes enhance pedestrian safety and provide adequate lighting and opportunities for passive surveillance.

c)   Provide shopfronts and openings that relate in scale and proportion to the new and existing neighbouring buildings.

d)   Preserve the surviving heritage character of whole shop frontages and their elements.

e)   Ensure that non-retail uses and their entries do not detract from the retail streetscape.

f)    Design buildings with active frontages that engage and activate the centre.

 

79.    The proposal provides a 70sqm commercial tenancy at street level integrating with the public domain.

 

80.    The commercial area comprises over half of the frontage to Railway Parade, with the remainder occupied by a residential lobby, basement vehicular access, and services (i.e. emergency egress, fire hydrant pump room, and fire booster). Given these services cannot be located elsewhere, it is considered that the active frontage on Railway Parade is maximised, noting that the residential lobby will also generate pedestrian traffic, and will be visible from the street.

 

Parking

81.    Part B4 and Clause 3.7 of Part D1 outlines car parking requirements for the subject development.

 

82.    The table below indicates the required residential parking:

 

Type

Required Parking & Dwelling Mix

Number of Dwellings

Total Required Parking

  1 Bed

0.6

6

3.6 (4)

  2 Bed

0.9

17

15.3 (16)

Total Parking

18.9 (20)

  Visitor

1/5

23

4.6 (5)

Total Residential Parking

 

25

Commercial

1/40m²

(70m²) 2

2

 

83.    The proposal provides a total of 25 residential parking spaces including the visitors which is compliant.

 

The proposal also complies with the minimum requirements for accessible parking, although does not comply with the minimum requirements for carwash bays. A carwash bay is to be provided for the development; and a recommended condition has been provided within the deferred commencement conditions.

 

84.    In relation to non-residential parking, Part B4 outlines the following relevant parking rates:

·    1 space per 25sqm for retail – 3 spaces required

·    1 space per 40sqm for commercial – 2 spaces required

 

85.    The calculations on the plan show that parking has been provided in accordance with the commercial parking rates, despite the use of this tenancy not being proposed as part of the application. This is considered compliant, although this will restrict the business to commercial and thus will eliminate any opportunity for future retail uses. The proposal provides 2 parking spaces (rounded up) required for the 70sqm of commercial floor space proposed.

86.    A loading bay is required for this development. The applicant has not included a loading bay in the proposal. Council’s Traffic Engineers have advised a loading bay is not required if the floor areas of the commercial space where it is below 1000m². The Traffic Engineers have advised that a loading bay would be required if this commercial tenancy is used as retail. The LEP definitions detail that a commercial premise includes business, office or retail premises. The application cannot be conditioned to restricted retail premises; as a result a loading bay is required. The applicant has been advised of the loading bay requirement. The requirement for a loading bay will be conditioned. Given the constrained nature of the basement area, this will need to be amended through a design amendment and as such is included as a deferred commencement condition.

 

87.    Bicycle parking is required in accordance with the following:

 

Type

Required

Proposed

Total Required

Bicycle - Residents

1/3

7

7.7

Bicycle - Visitors

1/10

0

2.3

Bicycle Commercial

1/5

0

1

Total Bicycle

7

11

 

88.    The proposal does not comply with this requirement. An  additional 4 bicycle spaces will be required for the development, and this will be imposed in the form of a deferred commencement condition

 

Design and Layout of Car Parking Areas

89.    Part B4 and Clause 3.7 of Part D1 also provides further guidance on the design of car parking areas. The proposal complies with respect to the basement car parking to be located within the building footprint. The proposal does not comply with the following specific requirements:

·    Separate driveways should be provided for the use of residents and service/ customer vehicles accessing non-residential development.

·    Include natural ventilation to basement and semi basement car parking.

 

90.    Each of these non-compliances is considered acceptable as discussed below:

·    The site is not wide enough to accommodate two independent driveways, and to do so would be to the detriment of the streetscape, the location of the commercial unit, site access and egress and landscaping within the public domain.

·    Natural ventilation is not provided. The basement levels and upper floor levels are built to the front and side boundaries, natural ventilation is not achievable in this instance. The basement is proposed to be mechanically ventilated with the mechanical exhaust expelled to above the roof to satisfy AS1668.

 

B5 – Waste Management and Minimisation

91.    A Waste Management Plan has been submitted with the application which is acceptable. Council’s Coordinator – Environmental Sustainability has examined the application the 2 bin locations in combination satisfy Council’s requirements. Conditions of consent requiring the provision of appropriate waste facilities for the ongoing use of the development have been recommended.

 

B6 – Water Management

92.    The stormwater management system is to include an underground basement pump out system to facilitate drainage to council’s kerb and gutter, with excess stormwater to be drained by gravity to the OSD system.

 

B7 – Environmental Management

93.    This section primarily relates to the building materials used in the development and their sustainability qualities. The proposed material and finishes are considered appropriate and do not result in adverse environmental issues as they are considered to be low maintenance for a mixed use development.

 

D – Commercial and Industrial

D1 – Development in the B1 and B2 Zones

D1

Relevant Requirements

Proposed

Complies

3.1 Streetscape

(3) Facades are to be ordered and articulated to visually break up the building massing, for example through materials, colour and the design of openings. Large areas of glass curtain walling and blank walls are to be avoided.

 

(4) Enhance pedestrian amenity through the provision of continuous awnings for weather protection.

 

(5) Promote safety and security by providing a high level of activation to the street, employing clear and direct lines of sight between the street and building entries, and using appropriate signage and lighting to enhance the amenity of the public domain.

 

(6) Site and design vehicular access (driveways, parking facilities, service access and garages) away from the main street frontage, from rear lanes or secondary streets

The development complies with these requirements given the form and materiality.

 

 

 

 

 

 

An awning has been proposed for this development across the frontage of the site.

 

 

The building entries for both the commercial and residential components are visible from the street. The existing street lighting remains unaltered, and the development proposes an awning which is conditioned to include under awning lighting.

 

 

Site access is proposed from Railway Parade for the carpark, commercial tenancy and the entry lobby for the residential units. The roller shutter for the basement is recessed well into the driveway access. The entry doors to the residential lobby are also recessed into the development as it provides an area for the mailboxes between the entry and the public domain to be accessed by Australia Post.

The commercial tenancy is accessed directly from Railway Parade. The entry doors are to be re-swung to ensure they do not open out onto the public domain. A condition will be included in the recommended conditions.

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

3.4 Building Heights

(2) Buildings are massed towards the street frontage and step down towards the rear, to be in keeping with the existing retail/commercial built form pattern and compatible with the scale and character of adjacent residential areas.

The proposal is consistent with the future character as envisaged regarding bulk, scale, height and form.

Yes

 

(3) Where allotments adjoins a low density residential area, buildings should be:

(i) reduced in height in accordance with the locality controls;

(ii) setback from the adjoining property boundary

 

The entire block fronting Railway Parade is zoned B2. This is the first of the development following the up zoning of this location. The streetscape is presently undergoing change from single and 2 storey forms to the 21m height standard with an FSR of 2.5:1.

Yes

 

(5) Floor to ceiling heights should be a minimum of 3m at ground floor level, to allow for a range of uses including retail, commercial offices and home offices.

Ground floor commercial floor to ceiling height is 3.6m.

Yes

 

(6) Floor to ceiling should be a minimum of 2.7m at the upper storeys of the building, to allow for a range of uses, and to improve the environmental performance and amenity of the building.

Residential component floor to ceiling height is a min of 3.1m, being slab to slab height, the floor to ceiling height is 2.8m.

Yes

3.5 Setbacks

(1) Buildings adjacent to public roads are generally to align with and be built to the street frontage to provide continuity in the streetscape and encourage active frontages to ground level.

The development has frontage to Railway Parade. The building form has a zero setback in this location to provide continuity of the streetscape presentation.

Yes

(2) Street setbacks at ground level are permitted only:

(i) Where the existing footpath is narrow and the provision of additional pedestrian space is desirable

(ii) Where the established pattern is setback (for example where there are residential buildings within the locality)

(iii) Where the setback enables or enhances visual appreciations of adjacent heritage items.

The development does not propose any street setbacks to the ground level.

Yes

 

 

(3) Side setbacks are generally not permitted in order to maintain the continuity of active frontages, unless specified in the locality controls.

The development does not propose any side setbacks providing built form continuity and active frontages.

Yes

(4) Where the locality abuts a residential zone and/or a residential allotment, the side setbacks are generally to be a minimum 3m, except where the locality character is established by the existing footprints and the allotment capacity of the locality would be unreasonably constrained. Refer to the Locality Controls of Part D2 for specific side setback requirements.

 

(5) Rear setbacks are determined by the context including the amenity of neighbouring residential uses and the amenity of any rear lanes. Refer to Locality Controls within Part D2 for specific rear setback requirements.

The subject site is not immediately adjoining any residential allotment to either side, given the eastern and western neighbours are also within the B2 zoned area.

 

 

 

 

 

 

 

 

The rear setback being 6m from the rear boundary to the closest rear wall complies with the ADG.

Yes

(6) Setbacks on corner blocks are to enable sufficient sightlines for traffic in accordance with the relevant Australian Standard.

The subject site is not a corner block.

Yes

(7) Upper level street setbacks are required to any residential component above retail/ commercial uses together with building design and unit layout that satisfactorily mitigates the impacts of noise, fumes and vibration on major roads

The development proposes increased setbacks and upper floor balconies to all street-facing residential units, offering a buffer for noise, fumes and vibration that would typically be affectations for a site facing a major road. The recommendation within the acoustics report identified that ventilation is required for all units facing Railway Parade as the openings will ordinarily be in a closed position.

Yes

 

3.6 Building Design

3.6.1 Building Facades

3.6.2 Active Frontages

(1) Provide direct visual connections between footpaths and shops

 

 

 

 

(2) Wrap shop fronts around corners into side streets to increase the area of active frontage.

 

(3) Design building openings at the ground floor to be in keeping with the overall building and bay scale and proportions.

(5) For commercial uses, avoid blank walls, dark or obscure glass to the street frontage.

(6) Incorporate continuous, independent and barrier free access to ground floor commercial entries, including effective signage, sufficient illumination, tactile ground surface indicators and pathways with limited cross-falls, sufficient width, comfortable seating and slip-resistant floor surfaces.

 

(7) Open grilles or see-through security screens are preferred to shutters, to optimise the openness of windows and any spill lighting of the footpath. Shutters, if provided, must be minimum 65% visually permeable.

 

(8) Pedestrian access to upper level uses is preferred from the side street or rear lane. If provided from the main street, openings for access are to be between 1.5m and 3m wide.

 

(9) Recessed shop frontages are not permitted except in the cases of heritage buildings where the recess is sympathetic to the building character.

 

 

3.6.3 Awnings

(1) Awnings should retain any original awning features present that contribute to the desired locality character.

(2) Provide under awning lighting to improve public safety.

(3) Wrap awnings around the corners of the main commercial street onto side streets.

(4) Design awnings in the high range 3.6m – 4m and no higher or lower than adjoining awnings.

(5) Provide awnings flat or near-flat in shape (not tilted upwards away from the facade), and opaque in finish.

 

3.6.4 Balconies

(1) Each unit is to have at least one primary balcony.

(2) Primary balconies are to have a minimum depth of 2.5m and a minimum size of 10sqm.

(3) Design balconies that are recessed into the wall or enclosed with walls, columns or roofs to provide sufficient enclosure and visual firmness.

(4) Design balustrades that allow for views into, and along the street.

(5) Employ juliet balconies and French windows to articulate facades with architectural detail and vertically proportioned windows.

(6) Locate balconies adjacent to main living areas to expand the living space of units, where possible.

(7) Balconies are to be designed to respond to the local context. In this regard, special attention should be paid to the design of balconies for buildings situated on busy roads and/or adjacent to railway lines. This may be achieved by:

(i) layering and recessing balconies to increase noise buffering from busy roads and railway lines;

(ii) grouping balcony openings;

(iii) providing balconies with operable screens, windows, or operable walls/sliding doors with a balustrade;

(iv) recessing balconies in response to acoustic and visual privacy issues; and

(v) ensure the privacy of occupants, neighbours, and public is taken into account by careful design and balustrades with a balance of transparent and solid materials.

 

3.6.5 Materials & Finishes

(1) Utilise high quality and durable materials and finishes.

(2) Combine different materials and finishes to assist building articulation and modulation.

(3) Where the Locality includes a significant facade or streetscape, materials and finishes are to complement the existing streetscape.

(4) Avoid large unarticulated expanses of any single material to facades.

 

3.6.6 Mobility and Access

(1) New development and refurbishments are to comply with the requirements of the Building Code of Australia (BCA) and the Australian Standards.

(2) All buildings with a residential component that have access to more than two storeys are required to have lift access.

 

3.6.7 Public Art

(1) Development on sites over 1000sqm should, where possible include the provision of high quality artwork within development in a publicly accessible location.

(2) The artwork should be prepared having regard to links between the locality and details of such artwork and the proposed location are to be submitted with the development application.

 

3.6.8 Roof Forms and Parapets

(1) Variation to the existing pattern of roof forms may only occur where the parapet line is not disrupted and where the new roof is not visible from the street below or adjacent public areas.

(2) Minimise the bulk and mass of roofs and their potential for overshadowing.

(3) Design roofs to generate a visually interesting skyline and minimise apparent bulk.

(4) Conceal lift over runs and plant equipment within well designed roofs.

(5) Roof fixtures (such as roof vents, chimneys, aerials, solar collectors, mobile phone transmitters, satellite dishes) are to be inconspicuously located so as not to be visible from the street (including side streets).

(6) Television antennae are to be located within the roof space.

 

 

The proposal provides a direct visual connection by way of unobstructed access from the footpath to the commercial premises and to the residential lobby.

 

The subject site is a mid-block development.

 

 

 

The proposal is considered to offer sufficient articulation by way of the front entries being distinct and unique. The entry for the residential lobby has been recessed into the building, offering articulation in depth at the front building line.

 

 

 

 

 

 

 

 

 

 

 

The development does not propose shutters to the windows.

 

 

 

 

 

 

 

Pedestrian access to the upper level is proposed via the lobby to the lift.

 

 

 

 

 

The commercial premises does not propose a recessed frontage, however a condition is required to re-swing the doors so they do not swing within the public domain.

 

 

The proposed awning to the footpath will be adequately lit by way of under-awning lighting. The surface below the awning is not sloped; the vertical clearance of the awning is 3.6m above the footpath.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Each unit has a primary balcony with a minimum area of 10sqm and compliant depths. A number of street facing and rear facing balconies well exceed the minimum requirements.

The building has been recessed with the balconies forward, to the street elevation providing a good sense of privacy and enclosure to the development.

 

 

 

 

 

 

The development proposes street-facing residential units to be well recessed into the façade, offering deep balconies that contribute to noise buffering and visual privacy screening. The recommendation within the acoustics report identified that ventilation is required for all units facing Railway Parade as the openings would ordinarily be in a closed position from an acoustic perspective.

 

Furthermore, the design provides a satisfactory balance between transparent balustrading and vertical screening in order to ensure privacy to the future occupants is preserved without compromising neighbouring amenity and the public domain appearance.

 

 

 

 

 

 

 

 

The selection of materials and finishes contributes to the articulated façade by way of contrast in the colour palette, and varying textures and finishes therefore enhancing the existing streetscape.

 

 

 

 

 

 

 

 

 

The proposal provides a lift accessed via the residential lobby which serves all levels of the development.

 

 

 

 

 

 

 

 

 

The subject site is less than 1000sqm, this control is therefore not relevant.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The parapet line is continuous and is not disrupted providing a visual consistency along the street frontage.

 

 

 

Yes

3.7 Vehicular Access and Parking

Refer to controls in Section B4 of this table.

 

An assessment has been undertaken above; the development is not compliant with the DCP criterion.

It is acknowledged the RMS criterion is the assessment criteria for a development which relates to SPP65 and the AGD, the proposal is complaint with this criterion.

Complies with the ADG

3.8 Dwelling Design, Unit Mix and Dwelling Size

(1) Provide a mix of studios, 1, 2 and 3 or more bedroom units in varying layouts.

 

(2) Dwellings within the residential component of a mixed development must have the minimum internal floor areas (IFA):

• Studios - minimum IFA of 40sqm

• 1 bedroom unit - minimum IFA of 60sqm

• 2 bedroom unit - minimum IFA of 85sqm

• 3 bedroom unit - minimum IFA of 100sqm

(3) In all instances the first bedroom is to maintain an internal floor area of 15sqm and the second bedroom is to maintain a minimum internal floor area of 12sqm

The provisions of the Unit Design Guide prevail in relation to unit mix and sizes.

 

 

 

 

 

 

 

1 bedroom units range from 54sqm to 63sqm.

2 bedroom units range from 75sqm to 77sqm.

 

 

Complies with the ADG

3.10 Storage

(1) All developments must provide a designated secure storage space (in addition to any areas set aside for off street parking) to a minimum floor area of 4sqm for each dwelling or unit.

The development provides 4sqm storage compartments within the basement levels for each unit independent of the parking spaces, and additional storage spaces are provided within the units. It is noted that 2 storage spaces are provided above their respective residential car spaces, and this is deemed generally acceptable, given the storage spaces within the units.

Yes

3.11 Clothes Drying

(1) Wherever possible, provide dedicated external clothes drying areas for all units that will be utilised by the residents, while being screened from the public view.

Each unit has an internal laundry accommodating a washer and dryer.

No external drying facilities are provided.

Yes

3.12 Amenity

3.12.1 Visual and Acoustic Privacy

(1) Design building separation for parallel ranges of buildings to at least the following standards for the residential component:

-12m between habitable rooms/the edge of their balconies

-9m between habitable rooms/the edge of their balconies and non-habitable rooms

-6m between non-habitable rooms

 

(2) Offset facade openings from existing openings in adjacent development to minimise direct overlooking of rooms and private open spaces.

 

(3) For street wall buildings, design zero side setbacks to result in zero building separation, providing dual aspect commercial or residential uses with openings to the front (street) and the rear.

The DCP and the ADG requirements are consistent with one another numerically.

 

The proposal generally complies with the exception of having a nil boundary separation along the majority of the side boundaries. This has been designed so as to integrate with the future redevelopment of the adjoining B2 zoned sites along Railway Parade; given this is the first proposal under the up-zoned assessment criteria.

Separation assessment has been provided in the ADG assessment table above.

 

This design solution has been commended by the DRP given the site’s constraint and its context.

 

Acceptable

 

(4) For ground floor retail/commercial uses, provide appropriate rear and side setbacks to adjacent residential uses, and design building layout to avoid overlooking of private spaces.

 

(5) Utilise design elements to increase levels of privacy such as landscaping, screening, offset windows, recessed balconies, louvres, planter boxes, pergolas or shading devices.

Ground floor commercial is well positioned in a manner that it is separated and protrudes from the adjoining residential lobby entry.

 

Similarly, all balconies have been designed not only to capture the northern aspect but also away from the adjoining southern development in order to reduce the impact of overshadowing.

Yes

 

(6) Development adjacent to the Railway Line or adjacent to road corridor with annual average daily traffic volume of more than 40,000 vehicles.

 

(7) Design and site buildings adjacent to noise generating land uses to minimise noise impacts, for example through building layout and location and size of openings.

 

(8) Where appropriate locate individual buildings and groups of buildings to act as barriers to the noise.

 

(9) Utilise the site and building layout to maximise the potential for acoustic privacy by providing adequate building separation within the development and from neighbouring buildings.

 

(10) Locate and design all noise generating equipment such as mechanical plant rooms, mechanical ventilation from car parks, driveway entry shutters, garbage collection areas or similar to protect the acoustic privacy of workers, residents and neighbours. The noise level generated by any equipment must not exceed an Laeq of 5dBA above background noise at the property boundary.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Air conditioning units are proposed to be contained within a louvered acoustic enclosure.

 

All other noise generating equipment/services are located within the ground floor centrally located and the basement level to minimise any noise.

 

The recommendation within the acoustics report identified that ventilation is required for the basement levels, and all units facing Railway Parade.

Yes

 

(11) Development is to meet or exceed the sound insulation requirements between separating walls and floors of adjoining dwellings of the Building Code of Australia.

 

(13) Where development is proposed adjacent to the railway line or a classified road corridor compliance with the requirements of the SEPP.

Relevant conditions of consent have been imposed to ensure adherence with the BCA requirements for sound insulation.

Yes

3.13 Open Space and Landscaping

(1) Retain existing, and incorporate new indigenous trees, shrubs and ground cover where appropriate.

 

(2) Maximise deep soil zones to provide for substantial landscaping and mature trees.

 

(3) Submit a landscape plan prepared by a qualified landscape architect.

 

(4) Where development is proposed adjacent to low density residential development, an appropriate landscape buffer is to be planted to provide separation and screening between the proposed development and the existing low density development (Refer to Locality Controls). These areas should be deep soil areas so as to allow for the planting of large/medium trees.

A landscape plan was prepared by a qualified landscape architect to depict the deep soil zones, tree protection and tree planting.

 

The proposed development provides 103sqm (13.76%) of deep soil zone across the rear of the site with a minimum dimension of 4.7m in depth and 18m in length.

 

The communal open space provided on the ground floor acts as a green zone within the development.

The proposal seeks to retain and protect the trees located within and adjacent properties to the rear boundary and seeks to plant 2 street trees within the footpath.

Yes

 

D2 - Commercial Locality Guides

9 Carlton South

Relevant requirements

Proposed

Complies

9.3 Design Solutions

Height

(2) Maximum number of levels is 3.

(3) Maximum overall height (to the uppermost habitable part of the building) is 10.2m

(4) The total overall building height (including roofs and any projections such as plant, lift overruns, blades or the like) shall not exceed 2 metres above the habitable part of the building.

(5) No development is permitted in the roof void.

 

 

Vehicle Access

To be obtained from side streets and rear laneways.

 

 

 

Car parking

(1) Off-street parking to be provided for any new development underground or at the rear of the properties.

(3) Where a basement is provided this is not to protrude more than 1m above natural ground level.

The requirement relating to storeys has been superseded by the new height standard under the Kogarah Local Environmental Plan which identifies a maximum height of 21m.

The development is 6 storeys.

The development complies with the other relevant requirements of this clause.

 

 

 

Vehicular access is via a 2 way crossing off Railway Parade located to the eastern side of the frontage.

 

 

Off-street parking is provided within 2 basement levels.

LEP compliant

 

Section 7.11 Contributions

94.    The proposed development requires payment of $193,560.65 of developer contributions based on the provisions of the number and type of residential units on the subject site. The contribution amount is based on the following.

 

DEVELOPMENT CONTRIBUTIONS

Kogarah Section 94 Development Contributions Plan No.1 - Roads and Traffic Management - Residential

$2,657.14

Kogarah Section 94 Development Contributions Plan No.5 - Open Space 2007

$183,796.49

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Buildings

$4,148.90

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Books

$2,958.12

TOTAL for Section 7.11 contributions

$193,560.65

 

SUBMISSIONS AND THE PUBLIC INTEREST

95.    As part of the assessment of the subject DA, notification of the proposal was undertaken in accordance with the provisions of the Kogarah Development Control Plan 2013 (KDCP2013) on 19 October 2017. In response to the notification of the DA, two (2) submissions were received objecting to the proposal.

 

96.    On 13 July 2018 re-notification of amended plans was undertaken in accordance with the provisions of the KDCP2013. In response no submissions were received.

 

97.    The issues raised in the submissions are addressed below:

 

Decrease in property value

 

98.    Planner Comment: This is not a matter for consideration under the provisions of the Environmental Planning and Assessment Act 1979.

 

Obstruction of sunlight and elimination of open view

 

99.    Planner Comment: The development will result in additional bulk, scale and height when compared to the existing built form on site. The development is compliant with the 21m height control of the LEP.

 

100.  The plans the subject of this report demonstrate the building will facilitate the required solar access as referenced in Part C1 of the Kogarah DCP 2013, the minimum solar access for neighbouring properties will be 50% of their existing primary private open space or windows to main living areas receive the minimum 3 hours sunlight between 9am–3pm on 21 June.

 

101.  .Having regard to the above, the overshadowing impacts of the proposed development are considered reasonable given the density of the development permitted.

 

Impeding the privacy of adjoining neighbours

 

102.  Planner Comment: It is noted that this submission is in respect of the original submission, which had proposed a development closer to the side and rear boundaries than the revised proposal the subject of this report. The plans as amended have proposed increased setbacks to the sides and rear of the development, with the communal open space area located to the top floor, relocating the residential units closer to Railway Parade.

 

103.  No additional submissions were received during the second notification.

 

104.  Having regard to the above the proposed development is considered generally acceptable with respect to privacy for the adjoining neighbours.

 

Increased noise from traffic entering and leaving the complex, street parking will be scarcer than at present.

 

105.  Planner Comment: The application proposes car parking within a basement that satisfies the RMS requirements. The pedestrian and vehicle access is compliant with the relevant Australian Standard to ensure safety of the public and the future users/occupiers of the building. There is currently no off street parking associated with the existing commercial tenancies. The new access driveway will result in reduced on street parking in this location. A traffic impact assessment was carried out by the applicant’s consultant traffic engineer, with the report reviewed and the recommendations supported by council’s traffic engineers.

 

106.  An acoustic assessment was also undertaken, and the report and recommendations were reviewed by council’s Environmental Health officers who determined the development will be acoustically acceptable subject to the implementation of the acoustic consultant’s recommendations.

 

107.  Having regard to the above, the change in level of noise and increased traffic flow is considered generally acceptable.

 

At 6 storeys in height this is twice the height of our unit block and will be hugely detrimental to the quality of life we should be entitled to.

 

108.  Planner Comment: The proposed development will have a maximum building height of 21m which is consistent with the permitted height as referenced in the KLEP2012.

 

109.  It is noted that these concerns were raised during the initial notification of the application, the applicant has since made changes to increase the rear setbacks, thus reducing the bulk and scale of the building presented to the side and rear lots

 

Having regard to the above, the building height of the proposed development is considered satisfactory.

 

REFERRALS

 

Council Referrals

 

Tree Management/Landscaping

110.  Council’s Tree and Landscape Officer has reviewed the proposal and recommended the retention of all mature species along and adjacent to the rear boundary. It is acknowledged that the new street trees within the nature strip, the rear yard deep soil zones and the retention of the existing species adjacent to the subject site provide sufficient landscaping for the development. The planter boxes at the roof top communal area and the first floor screen planting further contribute to landscaping for the development and softening the building form.

 

Building Surveyor

111.  The application has been reviewed by Council’s Building Surveyor whom consider the application to be generally satisfactory, but acknowledged that alternate solutions under the provisions of the BCA will be required for this development, which have been acknowledge by the Architect. Conditions have been recommended.

 

Environmental Health Officer

112.  The application has been reviewed by Council’s Environmental Health Officer who considers the application to be generally satisfactory, subject to recommended conditions.

 

Traffic Engineer

113.  The application has been reviewed by Council’s traffic engineer whom has advised the application must incorporate a median strip along Railway Parade to restrict access and egress to a left-turn in and left-turn out.

 

The traffic committee deliberated that a median strip was not necessary and therefore will not be required as part of this application. Council’s traffic engineer confirmed that all other aspects of the application to be generally satisfactory, subject to conditions to be attached to the determination.

 

114.  A loading bay is required for this development. The applicant has not included a loading bay in the proposal. Council’s Traffic Engineers have advised a loading bay is not required if the floor areas of the commercial space where it is below 1000sqm. The Traffic Engineers have advised that a loading bay would be required if this commercial tenancy is used as retail. The LEP definitions detail that a commercial premise includes business, office or retail premises. The application cannot be conditioned to restricted retail premises; as a result a loading bay is required. The applicant has been advised of the loading bay requirement. The requirement for a loading bay will be conditioned. Given the constrained nature of the basement area, this will need to be amended through a design amendment and as such is included as a deferred commencement condition.

 

Drainage Engineer

115.  The application has been reviewed by Council’s Development Engineer who considers the application to be generally satisfactory, subject to required design changes prior to the issue of the construction certificate, and other conditions. The DA stormwater plans proposed a basic stormwater management system, and conditions have been imposed for the inclusion of a pump out system for stormwater to be drained to the council’s kerb and gutter, with the excess stormwater to be drained by gravity to an OSD system.

 

Heritage

116.  The application has been reviewed by Council’s Heritage Consultant who has commented as follows:

 

a)   The proposed development will have minimal impact on the identified historic and aesthetic values of the Carlton Railway Station.

 

b)   The proposed development will have minimal impact on the identified historic and aesthetic (streetscape) values of the Royal Hotel. There will be relatively minor overshadowing which should not adversely impact the amenity of the place.

 

c)   The buildings proposed for demolition are considered common and of little aesthetic value.

 

CONCLUSION and RECOMMENDATIONS:-

 

The proposed development would have minimal adverse impact on identified heritage values of Schedule 5 KLEP items located in the vicinity of the subject site including Carlton Railway Station (I28) and the Royal Hotel (I29). There is no objection to proposed demolition of the existing shops at 324 to 330 Railway Parade, Carlton. The development proposal is considered acceptable from a heritage point of view.

 

There are no heritage-related consent conditions.

 

Waste/Environmental Services

117.  The application has been reviewed by Council’s Coordinator – Environmental Sustainability Officer who has made the following comments:

 

118.  The waste room and bin collection bay is of sufficient size to accommodate the required bins for the development, a condition will be imposed to satisfy 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.

 

Strategic Planning

119.  The application has been reviewed by Council’s Strategic Planning department whom have made comments as follows

 

There is significant concern regarding the loss of commercial floor space in the Carlton Railway Local Centre as a result of the proposed development. The subject site currently accommodates 4 commercial premises with an estimated total GFA of 280sqm (approx. 0.37:1 FSR). The proposal only features 70sqm of commercial floor space (approx. 0.09:1 FSR), which will result in a reduction of approx. 210sqm of employment floor space.

 

The proposal reduces the number of premises provided on the subject site from 4 individual shopfronts to 1, which is a significant reduction (75%) in the availability of commercial premises.

 

The preparation of the Kogarah LEP was informed by a number of strategies and studies, including the Kogarah Employment Lands and Economic Development Strategy (“ELEDS”). The ELEDS was also utilised in the preparation of the Kogarah LEP Amendment No.2 (known as the New City Plan, gazetted 26 May 2017).

 

The Carlton Railway Local Centre is identified as the Carlton study area in the ELEDS. The ELEDS forecasts that the centre will have a demand for an additional 1,499sqm of employment floor space by 2036 with an annual growth rate of 0.8%.

 

The Kogarah LEP is characterised by the ‘open’ nature of the land use table of its business zones to promote the growth of its centres by removing restrictive controls on non-residential land uses. Unlike the Hurstville LEP (Clause 4.4A), the Kogarah LEP does not specify any development standards requiring a minimum non-residential FSR in the B2 zone.

 

In light of the ELEDS findings, it is reasonable to expect that all proposed redevelopments in the Carlton Railway Local Centre should demonstrate an increase in the non-residential floor space provided if the centre is to achieve the forecasted 2036 growth target in response to the projected employment demand.

 

The overall reduction of employment floor space on the subject site is considered to be inconsistent with Objectives 1 and 2 of the B2 Local Centre zone [bolded for emphasis]:

·    To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

·    To encourage employment opportunities in accessible locations.

 

The loss of employment floor space raises a concern that an undesirable precedent will be established by this development within the Carlton Railway Local Centre as well as all other B1 and B2 zones in the Kogarah LEP. The knock-on effects of this development will result in the overall depletion of meaningful commercial floor space and the number of premises available for local businesses, subsequently undermining the ability of the business zone to provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area. In this sense, the proposal undermines the integrity of the B2 zoning.

 

The reduction in the overall employment floor space provided on site is also inconsistent with the 2nd Objective of the zone in that the proposal discourages employment opportunities. It is also worthwhile noting that a reduced supply of available commercial tenancies is likely to lead to increases in rental costs and decreased financial sustainability and viability for small local businesses to stay in the centre.

 

Furthermore, the South District Plan provides a set of principles for place-based planning that must be used by councils to support the role of centres as a focus for connected neighbourhoods (refer Action 21 of Planning Priority S6). The following principles are applicable to the strategic consideration of this proposal [bolded for emphasis]:

·    protect or expand retail and/or commercial floor space

·    protect and expand employment opportunities

·    increase residential development in, or within a walkable distance of, the centre

 

The provision of additional housing through shop top housing is encouraged, as demonstrated by the land use table of the B2 zone under the Kogarah LEP. However, this should not compromise and/or replace the provision of employment floor space nor hinder the future growth of the Carlton Railway Local Centre.

 

It is recommended that the ground floor units be converted to commercial premises in keeping with the Objectives of the B2 zone, the growth forecasted by the ELEDS and the place-based planning principles of the South District Plan.

 

There is also concern regarding the potential creation of an isolated site at 332 Railway Parade due to the restrictive subdivision pattern. Whilst no. 332 could be redeveloped with no. 334-338, this amalgamation pattern will result in an undesirable ‘handle’ measuring approx. 27.2m in length and 6m in width being sandwiched between the proposed 6 storey development at no.324-330 (subject site) and the existing RFB at 2A Winchester Street.

 

This is not a desirable amalgamation pattern as it severely compromises the future development capacity of no. 332. No building form could be provided in this space due to ADG requirements for building separation. The southerly orientation of this ‘handle’ will also restrict solar access and hinder the provision of viable deep soil landscaping in this area.

 

The inclusion of no. 332 in the proposed development is the most preferable outcome. The applicant should demonstrate that reasonable efforts were undertaken to facilitate amalgamation of this isolated property, and that no resolution was reached between the parties.

 

Urban Design Considerations

The proposal is the first site in the Carlton Railway Local Centre to be redeveloped under the uplift granted by the Kogarah New City Plan. The proposed development is deemed to be a future-shaping proposal which will establish the future character of the centre, especially in terms of the bulk and scale of its building envelope.

 

The proposal presents an assertive streetscape presence of a 6 storey street wall, flush with the front boundary. The modulated front façade treatment with the bevelled edge framing and angled louvres is welcomed in providing visual interest and breaking up the podium and tower elements.

 

However, there is a significant discrepancy in the depth of the profile of the façade treatment presented in the 3D visualisation and the plans / section. The plans and section do not show the location of the louvres or the depth of the bevelled edged. Additional information is requested to illustrate the placement of this critical façade treatment as the proposal relies on this treatment to create modulation and visual interest.

 

Whilst a 3 storey street wall is preferred to retain the village aesthetic of the Carlton Railway Local Centre, it is understood that the majority of the building bulk has been shifted to the front portion of the site to reduce amenity impacts to the existing RFBs located to the south of the site, as well as maximising the number of units with a northerly aspect on the subject site. The 6 storey street wall is henceforth considered to be acceptable in this circumstance.

 

For future reference, it is advised that any future development located on land adjoining the Royal Hotel (local heritage item I29) must provide a transition to the 3 storey heritage item at the streetscape.

 

The use of a glazed awning is discouraged as clear glazing offers no shading from the harsh, northern sun. A solid awning structure with timber-finish soffit is preferred to reflect the natural palette of the proposal. The provision of lighting on the underside of the awning is also recommended.

 

A physical material sample board is requested to demonstrate the proposed external finishes.

 

The Material Sample drawing dated September 2017 is unclear with regards to:

 

a)   The material and design of the ‘louvres’ that technically should be perforated screening;

b)   Different labels have been tagged for the ‘louvres’ of the same appearance;

c)   No specifications have been provided for what appears to be a solid roller garage door; &

d)   No specifications have been provided for the shopfront glazing or frames and mullions (likewise with other windows in the development).

 

120.  Planner comment: The comments of the Strategic Planning Officer is acknowledged and noted. The information relating to the commercial component of the development is also noted, but so to are the comments that there are currently no controls relating to size, number or area of commercial to be provided within the development applications following the up-zoning of the land.

 

121.  The commentary relating to the objectives of the zone requiring:

 

·    To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

·    To encourage employment opportunities in accessible locations.

 

122.  Is a zoning wide requirement not a site specific control for each mixed use development.

 

123.  It is acknowledged the B2 zone necessitates the requirement for commercial floor space and the applicant has provided this. It is further acknowledged that Council would support the conversion of residential space to commercial should this be request via a development application to accommodate SOHO units (small office/home offices).

 

124.  In light of no numeric controls with respect to the number and size of the required commercial floor space the application is considered to have addressed the criteria of the controls.

 

125.  In relation to the Urban Design advice, the development has been designed to address the Design Review Panel recommendations and the scale and form is acceptable when reviewed by Council’s Heritage Consultant.

 

External Referrals

 

Sydney Trains

126.  A formal referral was made to Sydney Trains on 28 August 2018 pursuant to Clause 86 (Excavation in, above, below or adjacent to rail corridors) of State Environmental Planning Policy (Infrastructure) 2007. A concurrence letter was received by Sydney Trains on the 17th August 2018 providing deferred commencement conditions which has been included in the recommendation at the end of this report.

 

CONCLUSION

127.  The application has been assessed having regard to the Matter for Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, Local Environmental Plans and Development Control Plans. The application DA2017/0464 for the demolition of all existing structures on the subject sites, which includes the demolition of half a semi-detached building known as 332 Railway Parade Carlton. Construction of a six (6) storey mixed use development comprising a ground floor commercial tenancy, two (2) ground floor residential units, twenty one (21) residential units above, including two levels of basement parking, together with site works, provision of services, works to the other half of the semi-detached building in the form of underpinning, structural stabilisation of the building, weatherproofing, external wall and roof reconstruction to the building known as 332 Railway Parade Carlton, formally referred to as Lot 1 in Deposited Plan 229203, and shoring of the northern, eastern and western boundaries the allotment. The subject development site is located at 324-330 Railway Parade Carlton, formally referred to as Lot C in Deposited Plan 413978, Lot D in Deposited Plan 413978 and Lot 2 in Deposited Plan 229203, and 332 Railway Parade Carlton, formally referred to as Lot 1 in Deposited Plan 229203 be determined as a deferred commencement under the provisions of Section 4.16(3) of the Environmental Planning and Assessment Act 1979.

 

DETERMINATION AND STATEMENT OF REASONS

 

128.  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

·    The proposal is consistent with the desired future character of this Local Centre.

 

129.  Determination

A.      Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, as amended, the Georges River Local Planning Panel determine DA2017/0464 the application by way of a deferred commencement determination for the demolition of all existing structures on the subject sites, which includes the demolition of half a semi-detached building known as 332 Railway Parade Carlton. Construction of a six (6) storey mixed use development comprising a ground floor commercial tenancy, two (2) ground floor residential units, twenty-one (21) residential units above, including two levels of basement parking, together with site works, provision of services, works to the other half of the semi-detached building in the form of underpinning, structural stabilisation of the building, weatherproofing, external wall and roof reconstruction to the building known as 332 Railway Parade Carlton, formally referred to as Lot 1 in Deposited Plan 229203, and shoring of the northern, eastern and western boundaries the allotment. The subject development site is located at 324-330 Railway Parade Carlton, formally referred to as Lot C in Deposited Plan 413978, Lot D in Deposited Plan 413978 and Lot 2 in Deposited Plan 229203, and 332 Railway Parade Carlton, formally referred to as Lot 1 in Deposited Plan 229203.

 

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.

 

SECTION A – DEFERRED COMMENCEMENT CONDITIONS

 

A.        Deferred Commencement Condition 1 - The applicant shall prepare and provide to Sydney Trains for approval/certification the following final version items in compliance with relevant ASA Standards (https://www.transport.nsw.gov.au/industry/standards-and-accreditation/standards):

 

1.   Geotechnical and Structural report/drawings that meet Sydney Trains requirements. The Geotechnical Report must be based on actual borehole testing conducted on the site closest to the rail corridor, and include a rail specific section detailing any potential impact to the rail corridor.

 

2.   Construction methodology with construction details pertaining to structural support during excavation. The Applicant is to be aware that Sydney Trains will not permit any rock anchors/bolts (whether temporary or permanent) within its land or easements.

 

3.   Cross sectional drawings showing the rail corridor boundary, centre of the nearest track, sub soil profile, proposed basement excavation and structural design of sub ground support adjacent to the rail corridor. All RL and horizontal measurements are to be verified by a Registered Surveyor.

 

4.   Detailed Survey Plan showing the relationship of the proposed developed with respect to Sydney Trains easement and rail corridor land. 

 

Note: Any conditions issued as part of Sydney Trains approval/certification of any documentation for compliance with the Sydney Trains conditions of consent, those approval/certification conditions will also form part of the consent conditions that the Applicant is required to comply with.

 

B.        Deferred Commencement Condition 2 - The excavation of the 2 basement levels including the structural slabs and footings is proposed to the Railway Parade frontage and to the eastern and western boundaries of the site. The existing development adjoining is a 2 storey commercial building to the east and the other half of the semi-detached commercial building to the west.

 

In order to demonstrate the demolition and excavation will not result in the undermining of the adjoining development and the public domain the following plans, details and structural design is to be forwarded to Council accompanied by Geotechnical and Structural Engineering Certification for the following:

 

·   A Geotechnical Engineering investigation of the foundation material of the site is to be prepared, The findings of this report is to include recommendations as to how the demolition and excavation is to be executed to ensure that the development adjoining and the public domain is not undermined during the process.

·   A detail of the method of shoring the adjoining properties is to be provided. If the shoring is required to be placed on land in a separate ownership, land owners consent is to be obtained.

·   Details of any underpinning proposed to support the adjoining development, particularly in relation to the other half of the semi-detached commercial building to the west. Should the engineering investigations result in the need to underpin the commercial building to the east, land owners consent is to be obtained.

·   A detailed methodology of the demolition process of half of the semi-detached commercial building, including design details as to the how the other side of the semi is to be protected and structurally supported during the demolition.

·   Design details as to the rectification works proposed to remaining semi-detached commercial building is to be provide demonstrating how the building will be weatherproofed, made structurally sound including the materials and finishes proposed to be incorporated in the construction.

·   A timeline for the demolition and rectification works of the other half of the semi-detached to remain.

·   An engineering dilapidation report accompanied by photos of the semi-detached building to remain is to be prepared by the supervising engineers. Evidence is to be provided that a copy has been forwarded to the landowner and forwarded to Council with a copy of the report.

 

C.        Deferred Commencement Condition 3 – Plans are to be amended to include the location of a commercial loading bay to service the commercial tenancy within the development. The loading bay is to be designed to be compliant with the dimensions referenced in the Kogarah Development Control Plan 2013 and is not to compromise the car parking required for the development or the public domain interface.

 

One (1) carwash bay and four (4) additional bicycle spaces are to be incorporated within the revised basement plan.

 

D         Deferred Commencement Condition 4 - That the Georges River Planning Panel grant delegation to the Manager of Development and Building of Georges River Council to amend, delete o add additional conditions following the documentation and approvals issued by Sydney Train in relation to Deferred Commencement Condition 1 above.

         

SECTION B - GENERAL CONDITIONS

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

 

1.         Approved Plans - The development will 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:

 

Plans

Description

Reference No.

Date

Revision

Prepared by

Site Plan

DA 1000

14/06/2018

B

AB Works

Basement 2 Floor Plan

DA 1020

14/06/2018

B

AB Works

Basement 1 Floor Plan

DA 1030

14/06/2018

B

AB Works

Ground Floor Plan

DA 1040

14/06/2018

B

AB Works

First Floor Plan

DA 1050

14/06/2018

B

AB Works

Second Floor Plan

DA 1060

14/06/2018

B

AB Works

Third Floor Plan

DA 1070

14/06/2018

B

AB Works

Fourth Floor Plan

DA 1080

14/06/2018

B

AB Works

Fifth Floor Plan

DA 1090

14/06/2018

B

AB Works

Section A-A Plan

DA 1200

14/06/2018

B

AB Works

North Western Elevation

DA 1300

14/06/2018

B

AB Works

South Western Elevation

DA 1301

14/06/2018

B

AB Works

South Eastern Elevation

DA 1302

14/06/2018

B

AB Works

North Eastern Elevation

DA 1303

14/06/2018

B

AB Works

Material Sample

A-00002

01/09/2017

-

AB Works

 

Reports and Documents

 

Description

Reference No.

Date

Revision

Prepared by

Survey Plan

30285

18/09/2013

-

Ballenden Surveyors

Landscape Plan

ISO235DA1

03/10/2017

B

Isthmus Landscape Design

Stormwater Plan

171054

03/07/2018

D

Australian Consultant Engineers

BASIX Certificate No. 852364M_02

852364M_02

23/11/2018

-

Max Brightwell

Access Report

7688

03/10/2017

2.0

AED Group

DA Acoustic Assessment

2017-551

29/09/2017

-

Acoustic Noise and Vibration Solutions P/L

Arboricultural Impact Assessment

ABW 1A

23/05/2018

01-00

Paul Shearer Consulting

Waste Management Plan

-

-

 

AB Works

 

SECTION C - SEPARATE APPROVALS 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.  If separate activity approvals are required under other legislation, these approvals will be obtained and evidence of the approval(s) provided to the Certifier prior to the issue of the Construction Certificate.

  

Separate approval is required under the Roads Act 1993 and/or 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.

 

(a)       Placing or storing materials or equipment;

(b)       Placing or storing waste containers or skip bins;

(c)        Erecting a structure or carrying out work

(d)       Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e)       Pumping concrete from a public road;

(f)        Pumping water from the site into the public road;

(g)       Constructing a vehicular crossing or footpath;

(h)       Establishing a “works zone”;

(i)         Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

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

(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 will 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 - 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 footpath for the full length of the frontage(s) of the site in accordance with Council’s Specifications applying at the time construction approval is sought.

(b)       All associated road pavement restorations.

(c)        Installation of turf as required across all street frontages. 

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

(e)       Construct a new 150mm high concrete kerb with 450mm wide gutter for the full frontage(s) of the site in in accordance with Council’s Specifications for kerb and guttering, applying at the time construction approval is sought.

(f)        Any existing vehicular crossing and/or laybacks which are redundant will be removed. The kerb and gutter, any other footpath and turf areas will be restored at the expense of the applicant. The work will 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 the Roads Act 1993, prior to the commencement of those works. 

 

4.         Road Opening Permit - A Road Opening Permit will be obtained from Council, in the case of local or regional roads, or from the RMS, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

 

5.         Building - Hoarding Application - Prior to demolition of the buildings on the site, or the commencement of work above ground level, a separate application for the erection of an ‘A class’ (fence type) or a ‘B class’ (overhead type) hoarding or ‘C type’ scaffold, in accordance with the requirements of SafeWork NSW, must be erected along that portion of the footways/roadway where the building is within 3 metres of the street boundary.

 

An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

 

The following information is to be submitted with a Hoarding Application under Section 68 of the Local Government Act 1993 and Section 138 of the Roads Act 1993:

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

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

c)   The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available at www.georgesriver.nsw.gov.au) before the commencement of work; and

d)   A Public Risk Insurance Policy with a minimum cover of $20 million in relation to the occupation of and works within Council's road reserve, for the full duration of the proposed works, must be obtained a copy provided to Council. The Policy is to note Council as an interested party.

 

6.         Below ground anchors – 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:

a)   That cable anchors will be stressed released when the building extends above ground level to the satisfaction of Council.

 

b)   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.

 

c)   Documentary evidence of such insurance cover to the value of $20 million.

 

d)   The applicant must register a non-terminating bank guarantee in favour of Council for the amount of $50,000.

 

e)   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.

 

f)    That 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.

 

SECTION D - REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

 

7.         Sydney Water – Tap inTM – 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.

 

8.         Notice of Requirements for a Section 73 Certificate - A Notice of Requirements for a Section 73 Compliance Certificate under the Sydney Water Act 1994 that relates specifically to this development consent must be obtained from Sydney Water Corporation.  An application will be made through an authorised Water Servicing Co-ordinator. The Notice of Requirements will be submitted prior to the commencement of work.  The Section 73 Compliance Certificate must be submitted to the Principal Certifier prior to the issue of the Occupation Certificate.

 

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

 

10.       Electricity Supply - An application will be made to Ausgrid for a network connection. This may require the network to be extended or its capacity augmented. Evidence of this application to Ausgrid will be provided to the Certifier prior to the issue of a Construction Certificate.

 

SECTION E - PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

 

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

 

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

 

13.     Sydney Trains - The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of Sydney Trains. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

 

14.     Sydney Trains - A Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on rail corridor. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

 

15.     Sydney Trains - A track monitoring plan (including instrumentation and the monitoring regime during excavation and construction phases) is to be submitted to Sydney Trains for review and endorsement prior to the issuing of a Construction Certificate. The Principal Certifying Authority is not to issue a Construction Certificate until written confirmation has been received from Sydney Trains advising of the need to undertake the track monitoring plan, and if required, that it has been endorsed.

 

16.     Sydney Trains - All excavation, shoring and piling works within 25m of the rail corridor are to be supervised by a geotechnical engineer experienced with such excavation projects.

 

17.     Sydney Trains - No rock anchors/bolts are to be installed into Sydney Trains property or easements.

 

18.     Sydney Trains - Prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Engineering Management Interfaces to determine the need for public liability insurance cover. If insurance cover is deemed necessary this insurance be for sum as determined by Sydney Trains and shall not contain any exclusion in relation to works on or near the rail corridor, rail infrastructure. The Applicant is to contact Sydney Trains Engineering Management Interfaces to obtain the level of insurance required for this particular proposal. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written proof of this insurance in conjunction with Sydney Trains written advice to the Applicant on the level of insurance required.

 

19.     Sydney Trains - Prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Engineering Management Interfaces to determine the need for the lodgement of a Bond or Bank Guarantee for the duration of the works. The Bond/Bank Guarantee shall be for the sum determined by Sydney Trains. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written advice from Sydney Trains confirming the lodgement of this Bond/Bank Guarantee.

 

20.     Sydney Trains - Sydney Trains or Transport for NSW (TfNSW), and persons authorised by those entities for the purpose of this condition, are entitled to inspect the site of the development and all structures to enable it to consider whether those structures have been or are being constructed and maintained in accordance with the approved plans and these conditions of consent, on giving reasonable notice to the principal contractor for the development or the owner or occupier of the part of the site to which access is sought.

 

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

 

22.     Sydney Trains - Copies of any certificates, drawings, approvals/certification or documents endorsed by, given to or issued by Sydney Trains must be submitted to Council for its records prior to the issuing of a Construction Certificate.

 

23.     Sydney Trains - Where a condition of consent requires Sydney Trains or Transport for NSW endorsement the Principal Certifying Authority is not to issue a Construction Certificate or Occupancy Certificate, as the case may be, until written confirmation has been received from those entities that the particular condition has been complied with. The issuing of staged Construction Certificates dealing with specific works and compliance conditions can be issued subject to written agreement from those entities to which the relevant conditions applies.

 

24.       Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent authority, the Council (if the Council is not the consent authority) or an accredited Certifier.

 

25.       Fees to be paid - The fees listed in the table below will 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 will 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 will 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

$24,404.82

 

Inspection Fee for Refund of Damage Deposit

$371.00

 

Ground Anchor Deposit

$19,745.00

 

DEVELOPMENT CONTRIBUTIONS

 

Kogarah Section 94 Development Contributions Plan No.1 - Roads and Traffic Management - Residential

$2,657.14

 

Kogarah Section 94 Development Contributions Plan No.5 - Open Space 2007

$183,796.49

 

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Buildings

$4,148.90

 

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Books

$2,958.12

 

TOTAL for Section 7.11 contributions

$193,560.65

 

 

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

 

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 will be paid and receipted by Council prior to the release of the Construction Certificate.

 

Further Information

A copy of all current Development Contributions Plans may be inspected at Council’s offices or viewed on Council’s website www.georgesriver.nsw.gov.au.

 

26.       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 and to ensure the construction of the civil works to be complete at the applicant’s expense: $24,404.82

 

(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: $371.00

 

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

 

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

 

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

 

27.       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 will be kept on site and is to be made available upon request.

 

28.       SEPP 65 Design Verification Statement - A design verification statement, prepared by a qualified designer, must be submitted to the Certifier verifying that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out under Schedule 1 of State Environmental Planning Policy No 65 —Design Quality of Residential Flat Development.

 

29.       Design Quality Excellence (Major Development) - In order to ensure the design quality excellence of the development is retained:

 

a)   The design architect is to have direct involvement in the design documentation, contract documentation and construct stages of the project;

 

b)   The design architect is to have full access to the site and is to be authorised by the applicant to respond directly to the consent authority where information or clarification is required in the resolution of the design issues throughout the life of the project;

 

c)   Evidence of the design architect’s commission is to be provided to the Council prior to the issue of the Construction Certificate.

 

30.       BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate no. 857711M_02 must be implemented on the plans lodged with the application for the Construction Certificate.

 

31.       Required design changes

 

a)   Referring to the architectural plans Pn-16013 dated 14 June 2018 prepared by AB Works, plans shall be revised satisfying the following and shown on the Construction Certificate plans:

i.    Garbage room located on the basement level 1 and ground floor bin collection bay to collectively store a minimum of 12 garbage bins and 12 recycle bins

ii.   Amend plans to provide an accessible WC located on the fifth floor, adjacent to the roof top communal area. The WC is to be located outside of the allocated communal area.

 

b)   Referring to the Stormwater Drawings Job Number 171054 dated 3 July 2018, Rev C and prepared by Australian Consulting Engineers, plans shall be revised satisfying the following and shown on the Construction Certificate plans:

 

i.    Raingarden and a minor bund system to capture surface runoff from the rear gardens and slow down the overland flow rate to the downstream property.

 

ii.   Please note that all new commercial and industrial developments should incorporate water efficiency measures, and where possible should aim to harvest and reuse rainwater. It is recommended that at least 5 cubic meter of rainwater tank shall be designed and installed. When a rainwater tank is used on the property and is connected to supply toilet flushing and laundry demands,1/3 of the provided storage volume can be used to offset the required volume for OSD.

 

32.       Erosion & Sedimentation Control - Erosion and sediment controls must be in place prior to commencement of any work on the site.  These measures include:

 

(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 will remain until works are completed and all exposed surfaces are landscaped/sealed.

 

33.       Pre-Construction Dilapidation Report - Private Land - A professional engineer specialising in structural or geotechnical engineering will prepare a Pre-Construction Dilapidation Report detailing the current structural condition of all neighbouring buildings likely to be affected by the excavation as determined by the consulting engineer.

 

The report will be prepared at the expense of the applicant and submitted to the satisfaction of the Certifier prior to the issue of the Construction Certificate.

 

A copy of the pre-construction dilapidation report is to be provided to the properties that are the 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 Certifier prior to the commencement of any work on the site.

 

Should the owners of properties (or their agents) refuse access to carry out inspections, after being given reasonable written notice, this will 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.

 

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

 

a)   All stormwater shall drain by gravity to Council's kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).

b)   Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineer who specialises in Hydraulic Engineering in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (2005 or 2016) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

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

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

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

 

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

 

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

 

Full details shall accompany the application for the Construction Certificate.

 

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

 

a)   The pump system shall consist of two pumps, connected in parallel, with each pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one-hour duration storm. The holding tank shall be capable of holding one hour’s runoff from a one-hour duration storm of the 1 in 20 year storm. Minimum storage volume shall be 3 m3;

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

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

 

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

 

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

 

These plans shall be prepared in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (2005 or 2016) and Council's Water Management Policy (Kogarah Council), August 2006.

 

38.       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 must be submitted to the Certifier prior to the issue of any Construction Certificate.

 

39.       Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Isthmus Landscape Design, reference numbers – ISO235DA1 - DA3. The landscaping shall be maintained in accordance with the approved plans in perpetuity.

 

General Landscape Requirements

 

a)   The proposed tree and 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.

 

40.       Tree pruning prior to issue of Construction Certificate - Tree pruning required at to  T1 and T3  – Any necessary pruning of overhanging branches relating to Tree 1 and Tree 3, located within the back yard of 2-4 Winchester St Carlton, are subject to a separate tree pruning approval application prior to any works commencing and shall be conducted In accordance with - AS 4373 - 2007, Pruning of amenity trees, Pruning class – “S” – Selective pruning – clause 7.2.4 and completed by a minimum, AQF Level 3 Arborist and in accordance with the Arborist report – Arboricultural Impact Assessment Report , Paul Shearer Consulting, Pg. 15.

 

41.       Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate in accordance with approved landscape plans and specifications, drawn by Isthmus Landscape Design, reference numbers – ISO235DA1 - DA3. The landscaping shall be maintained in accordance with the approved plans in perpetuity.

 

42.       Compliance with submitted Arborist Report - The recommendations outlined in the Arborist’s Report titled Arboricultural Impact Assessment Report, prepared by Paul Shearer Consulting, dated 23rd May, 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, and all three trees,  – T1, T2 and T3 shall be retained and protected.

 

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 - Pinus radiata

2-4 Winchester St Carlton, backyard

6.48 metres radially around trunk, within subject site

T2 – Cupressus Spp

2-4 Winchester St Carlton, side yard

3.00 metres

T3 – Persea americana

332 Railway Pde Carlton

4.33 metres

 

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 - Pinus radiata

2-4 Winchester St Carlton, backyard

6.48 metres radially around trunk, within subject site

T2 – Cupressus Spp

2-4 Winchester St Carlton, side yard

3.00 metres

T3 – Persea americana

332 Railway Pde Carlton

4.33 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 and regularly to minimise the effects of construction works.

g)   No building products/ materials or 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 – T1, T2 and T3

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

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

c)   Tree Protection Zone around the trees to be retained are not to have soil level changes, building product / materials stored 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.

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