AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Thursday, 20 February 2020

Time:

4.00pm

Venue:

Council Chambers, Civic Centre, Hurstville

Panel Members:

Paul Vergotis (Chairperson)

Helen Deegan (Expert Panel Member)

Michael Leavey (Expert Panel Member)

George Vardas (Community Representative)

 

  

1. On Site Inspections - 1.00pm – 3.30pm

a) 248 Railway Parade Kogarah

b) 18-24 Victoria Street Kogarah

c) 87a Jubilee Avenue Beverley Park

d) 33 Waterview Street Carlton

e) 65 Mulga Road Oatley

 

 

 

 

Break - 3.30pm

 

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

 

Public Meeting Session Closed - 6.00pm

(Break – Light Supper served to Panel Members)

 


Georges River Council – Local Planning Panel   Thursday, 20 February 2020

Page 32

 

 

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

 

LPP002-20        87a Jubilee Avenue Beverley Park (Beverley Park Golf Club) - DA2017/0472

(Report by Independent Assessment)

LPP003-20        248 Railway Parade Kogarah - DA2019/0232

(Report by Senior Development Assessment Officer)

LPP004-20        33 Waterview Street Carlton - DA2019/0417

(Report by Senior Development Assessment Planner)

LPP005-20        18-24 Victoria Street Kogarah - DA2017/0597

(Report by Senior Development Assessment Officer)

LPP006-20        66 Mulga Road Oatley - MOD2019/0214

(Report by Consultant Planner)

 

 

 

 

4. Confirmation of Minutes

 


 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 20 February 2020

 

LPP Report No

LPP002-20

Development Application No

DA2017/0472

Site Address & Ward Locality

87a Jubilee Avenue Beverley Park (Beverley Park Golf Club)

Kogarah Bay Ward

Proposed Development

Demolition work and the construction of a new maintenance and staff amenities building, on-grade car parking, bin store area, tree removal and landscaping works (further report following submission of amended plans)

Owners

Georges River Council

Applicant

Frank Bates, on behalf of Beverly Park Golf Club

Planner/Architect

Planner – MJB Planning, Architect – Dickson Designs

Date Of Lodgement

9/10/2017

Submissions

A total of 31 unique submissions have been received regarding this DA. 20 unique submissions (19 objection and 1 in support) to the original DA and amended plans (as considered by at the previous Local Planning Panel meeting on 18 July 2019); and a further 11 unique submissions (10 objections and 1 in support) to the latest amended plans received 18 October 2019.

Cost of Works

$990,000.00

Local Planning Panel Criteria

Georges River Council is the landowner of the subject site and the development application is the subject of ten (10) or more submissions by way of objection

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

Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation,

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, State Environmental Planning Policy No 55 – Remediation of Land, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, Draft State Environmental Planning Policy (Environment),

Kogarah Local Environmental Plan 2012; Kogarah Development Control Plan 2013

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

Location Map, Site Plan,

Floor Plans, Elevations,

Landscape Plan,

Shadow Diagrams

Report prepared by

Independent Assessment

 

 

Recommendation

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

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

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 conditions will be available when the report is published.

 

Site Plan

The location of the proposed development is outlined in red

 

EXECUTIVE SUMMARY

 

DESCRIPTION OF THE PROPOSAL

1.       The subject DA seeks consent for demolition work and the construction of a new maintenance building and staff amenities building, on grade car parking, bin store area, tree removal and landscaping works within the Beverley Park Golf Course.

 

2.      The existing staff amenities building, which covers an area of approximately 150sqm, is to be demolished and replaced by a new maintenance and staff amenities building covering an area of approximately 616sqm.

 

3.      The upgraded building will contain the following:

 

·     Staff lunchroom/kitchen;

·     Toilets and showers

·     Supervisors Office;

·     Workshop and Machinery Store;

·     Maintenance Garage (including a fuelling bay and wash down bay);

·     Fuel Storage Area;

·     Store Room;

·     Cart Storage Area; and

·     Various openings to service the various uses within the maintenance shed.

 

4.      External works will consist of a verandah along the northern façade of the building, bitumen paving to the area surrounding the new building, a bin storage area to the south western side of the maintenance shed, a number of small garden beds scattered around the building with a landscaped buffer separating the maintenance shed from the residential allotments to the east. The site will be provided with ten (10) formal car parking spaces, one (1) being an accessible space. Fifteen (15) trees are proposed to be removed as part of this application.

 

Deferral from Local Planning Panel 18 July 2019

5.      The previous assessment report to the Local Planning Panel on 18 July 2019 provides full details on the assessment of the DA proposal previously reported to the Panel. At this meeting the application was deferred, to enable the applicant to submit additional information in relation to the following:

 

1.    Information to meet the provisions of State Environmental Planning Policy No 55 – Remediation of Land, as there is reasonable evidence to suggest that the land may be contaminated and a preliminary site investigation has not been provided.

 

2.    Information to meet the provisions of Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, as it has not been demonstrated that acid sulphate soils would not be disturbed by the proposed.

 

3.    Acid Sulphate Soil Assessment and Management Plan as the proposal seeks to undertake works below the natural ground surface within Class 2 acid sulphate soils land, but has not been accompanied by an acid sulphate soils management plan as required by clause 6.1 of the Kogarah Local Environmental Plan 2012 (Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979).

 

4.    Waste Management Plan to meet the requirements of Part B5 - Waste Management and Minimisation of the Kogarah Development Control Plan 2013.

 

5.    Acoustic Report prepared by an appropriately qualified acoustic consultant, demonstrating that the acoustic impacts of the proposed development will not interfere with the amenity of the nearby residential properties and identify any measures required to mitigate the acoustic impact such as hours of operation, acoustic treatment, location of openings.

 

6.    A report from an appropriately qualified consultant dealing with the proposed storage of any chemical waste, fuel and any other hazardous materials either from within or outside the building.

 

7.    Full details of the planned wash down area including specific dimensions of the area and details of how the wash down area would capture pollutants from the soil and water run-off.

 

8.    Demonstrate the parking proposed to be provided is warranted to service the operation needs of the proposed maintenance and staff amenities building.

 

9.    A Plan of Management which includes consideration of operating hours, storage of chemicals and hazardous materials, vehicle movements, number of staff and other relevant operational matters.

 

10.  A revised design that incorporates the following:

 

·      Openings in the structure for heavy vehicles and machinery to face west (towards the golf course) and not adjoining residential premises to the east;

·      No vehicle movements between the proposed building and residential properties;

·      Relocate the proposed Bin 1 and Bin 2 area to the western side of the building; and

·      All windows on the eastern elevation to be provided with fixed obscured glazing.

 

6.      Additional information and amended plans were submitted addressing the deferral reasons on 18 October 2019, this information is the subject of this report and is outlined as follows:

 

a)    Preliminary Site Investigation Report (regarding matters of Potential Site Contamination);

b)    Environmental Noise Impact Assessment Report;

c)    Preliminary Acid Sulphate Soils Assessment;

d)    Details on Sydney Water permit to discharge waste water;

e)    Operational Plan of Management;

f)     Addendum to the Statement of Environmental Effects;

g)    Technical drawings regarding the Oil/Water Separator

h)    Amended architectural plans for the proposed maintenance shed/amenities building, including the following:

·     Site Plan

·     Ground Floor Plan

·     Roof Plan

·     Elevations and Sections

·     Window and Door Schedules

·     Fuel Storage and

·     3D representation

 

7.      The amended plans included three (3) options for Council’s consideration, and these are summarised below (all three options are provided as attachments to this report):

 

·     Option 1: Relocation of the maintenance/amenities building further away (16.089m setback) from the residential properties to the east, but with the sand/soil bins next to the north eastern corner of the building (contrary to Deferral Reason No 10 above);

 

·     Option 2: Relocation of the maintenance/amenities building further away (16.089m setback) from the residential properties to the east, but with the sand/soil bins located on the western side of the building

 

·     Option 3: Relocation of the maintenance/amenities building further away (9.0m setback) from the residential properties to the east, with the sand/soil bins located on the western side of the building. The applicant has advised that this option was presented because it would minimise impact on the golf course proper (eg fairway alignment etc)

 

Although Option 1 was the option that the applicant intended to proceed with, this is not acceptable from an assessment perspective because it conflicts with the resolution of the Local Planning Panel (in particular Deferral Reason No 10 above). As a result Option 2 was the option to be pursued and forms the basis of this assessment report.

 

8.      Figure 1 below is the site plan of the amended proposal

 

          Figure 1: Previous site plan considered by Local Planning Panel 18 July 2019

 

Figure 2: Current site plan (Option 2) submitted as part of the additional information documentation.

 

9.      The applicant has provided the following commentary in relation to the three design options presented.

 

10.    Applicant’s comments: The proposed soil and sand storage bins have been relocated to eliminate vehicular movements between the building and the adjoining residential properties. However, they still remain on the eastern side of the building. In order to move the bins to the western side of the building and locate them so that they did not encroach onto the golf course fairway, the building would need to be moved from its current 16m setback from the adjoining residential properties to a setback of only 9m. This brings the building much closer to the residential properties and substantially reduces the ability to provide a landscaped buffer between the building and the adjoining residential properties. To demonstrate this issue, a series of three (3) Site Layout Plan options has been prepared by Dickson Designs Pty Ltd, copies of which are provided as part of this additional information package.

 

·     Option 1 – Is the proposed location of the bins next to the north-eastern corner of the building.

·     Option 2 – Shows the bins located on the western side of the building. However, this locates the bins within the existing fairway and would impact on the current design of this part of the course and would be contrary to the Master Plan for the Course approved by Council on 11 November 2011 and referenced in Section 4.36 of the current lease.

·     Option 3 - Shows the bins located on the western side of the building, but not within the existing fairway. However, this option requires the building to be relocated closer to the adjoining residential properties (reduced setback from 16m to 9m) and therefore reduces the buffer between the building and the residential properties and limits the available area for landscaping.

 

As such, the proposed location of the storage bins is preferable from an operation point of view, as well having least impact on the adjoining residential properties. These bulk storage bins are used for the storage of sand and soil used for the ongoing maintenance of the course. The bins are required to be refilled up to three (3) times a year and the delivery of the sand and soil does not take place prior to 7am or after 5pm. Deliveries are undertaken using either a B-Double (truck and trailer) or a single dump truck. Due to the infrequency of these deliveries, the impacts associated with the refilling of the bins is considered to be minimal and would not have an unreasonable impact on the amenity of the adjoining residential properties. The bins are proposed to be located on an angle, with the closest point being 5.095m from the closest residential property and will be adjacent to the existing solid brick wall at the rear of No. 8 Weeney Street and surrounded by landscaping.

 

All windows on the eastern side of the proposed building are to be fixed and fitted with 6.38mm opaque glazing, as per the recommendations of the Environmental Noise Impact Assessment report prepared by Day Design Pty Ltd.

 

11.    This additional information has been referred to a number of departments within Council, and also re-notified to neighbours for a period from 13 November to 27 November 2019, the outcomes of these processes are discussed later in this report.

 

12.    A further eleven (11) submissions (ten (10) objections and one (1) in support) were received in response to the amended plan/additional information submission. These are discussed in the body of this report.

 

13.    Overall, it is considered that the applicant’s submission of amended plans and additional information has addressed the issues of concern raised in the previous assessment report to the Local Planning Panel (which recommended refusal), and also the reasons for the Panel’s deferral of the application. It is considered that the proposed development is satisfactory for approval subject to conditions to address particular issues arising from the amended plans and additional information. This is discussed in further detail later in this report.

 

DESCRIPTION OF THE SITE AND LOCALITY

14.    The subject application is located in a portion of the Beverley Park Golf Club (BPGC) and will replace and enhance the existing facilities. The site has the following description, and known as 87a Jubilee Avenue, Beverley Park. The subject allotment being Lot 1, DP1115160, is located within the eastern portion of BPGC where it borders Battye Avenue and Weeney Street. Five (5) residential properties adjoin to the east of the allotment, being 8 Weeney and 43-49 Burgess Street, Beverley Park.

 

15.    The BPGC consists of some 34 allotments of land generally bounded by Jubilee Ave (northern side), Battye Avenue, Weeney Street, Burgess Street and Targo Road (eastern side), Ramsgate Road (southern side), and a drainage channel adjacent to Harslett Crescent, and Ferry Road (western side).

 

16.    The subject site comprises 34 irregularly-shaped allotments, which are listed and shown as follows:

 

·   Lot 161, DP 19098

·   Lot 1, DP 1115160

·   Lot 2, DP 723730

·   Lot 1, DP 1115657

·   Lot 1, DP 1122814

·   Lot 3, DP 723730

·   Lot 2, DP 1115657

·   Lot 1, DP 1127867

·   Lot 4, DP 723730

·   Lot 1, DP 1115465

·   Lot 1, DP 724240

·   Lot 5, DP 723730

·   Lot 1, DP 457030

·   Lot 1, DP 1148376

·   Lot 6, DP 723730

·   Lot 1, DP 669359

·   Lot 2, DP 1148376

·   Lot 7, DP 723730

·   Lot 1, DP 669358

·   Lot 9, DP12389

·   Lot 55, DP 3097

·   Lot 1, DP 1115626

·   Lot 10, DP12389

·   Lot 56, DP 3097

·   Lot 1, DP1114452

·   Lot 2, DP 230426

·   Lot 57, DP 3097

·   Lot 2, DP 1114452

·   Lot 7031, DP 93155

·   Lot 58, DP 3097

·   Lot 2, DP 1115160

·   Lot 4, DP 230427

 

·   Lot 1, DP 1122814

·   Lot 1, DP 723730

 

 

Figure 3 - Details of the lot and DP’s across the site

 

17.    The entire golf course has an area of approx. 23,300sqm (excluding encroachments on public road reserves).  The topography of the site is mostly level, with some undulating sections where the site has been modified to incorporate certain features (eg topographical features, golfing hazards, etc).  Development on the site includes features and structures associated with the BPGC, and includes (but is not limited to) the following:

 

·     A small staff amenities building;

·     Site maintenance facilities in the form of landscape material storage;

·     Informal car parking facilities;

·     Club house;

·     Golfing fairways, tee-off areas, putting greens and associated features (i.e. sand bunkers); and

·     Pathways and associated site infrastructure.

 

18.    Areas of the site where golfing facilitates are located either contain structures and/or are cleared, though areas between the fairways are heavily vegetated with predominantly mature vegetation. The portion of the site containing the proposed works is also largely cleared with the exception of mature vegetation lining the boundary of this ‘portion’. A low ‘copper log’ fence traverses the boundary of the site where it adjoins Weeney Street and Battye Avenue.

 

19.    The subject allotment is affected by flooding and Class 2 acid sulfate soils; however, the LEP does not identify other significant environmental considerations and/or hazards.  The site does not contain a heritage item and is not within a heritage conservation area; there are also no other heritage items within the surrounding area. 

 

ZONING

20.    The site is located within an RE1 Public Recreation zone, whilst the area directly surrounding the site is zoned R2 Low Density Residential.

 

Figure 4 - Development area outlined in red 

 

REASONS FOR DEFERRAL

21.    The reasons for deferral by the Local Planning Panel at the meeting on 18 July 2019 are itemised below, together with the applicant’s commentary response, as well as an Independent assessment (by the external consultant engaged by Council in regard to this DA).

 

22.    Deferral Reason No 1: Information to meet the provisions of State Environmental Planning Policy No 55 Remediation of Land, as there is reasonable evidence to suggest that the land may be contaminated and a preliminary site investigation has not been provided.

 

23.    Applicant’s Comments: A Preliminary Site Investigation (PSI) has been prepared by TRACE Environmental and concludes that there is considered to be a low potential for widespread contamination to have occurred at the site as a result of the current and historical site uses. However, localised impacts associated with current petroleum and chemical storage areas may exist, and hazardous building materials may be present in the fabric of the on-site building. As such, TRACE Environmental makes a number of recommendations as to how these localized impacts can be appropriately managed during demolition and construction works through the implementation of a number of precautionary measures. Refer to the Preliminary Site Investigation report and the Addendum to the Statement of Environmental Effects submitted as part of this additional information package for further details.

 

(Note: The PSI report and Addendum to the Statement of Environmental Effects are held as Attachments to this report).

 

24.    Comments from Independent Assessment Officer: The previous Assessment Report had indicated that the site was likely to contain localised contamination due to the existing diesel tank on the land, and that a Preliminary Site Investigation (PSI) was required to be submitted with the application.

 

25.    A PSI was provided with the amended application package. The PSI indicates that the risk of widespread contamination is low, but that further investigations of inaccessible areas (i.e. those under the existing building and storage areas) are required during the proposed works. Conditions are recommended requiring such investigation to take place.

 

26.    Further to the above, it is noted that the applicant’s additional information submission has been referred to Council’s Environmental Health Officers for assessment. Their assessment has concluded that the development is satisfactory subject to appropriate conditions.

 

27.    Deferral Reason No 2: Information to meet the provisions of Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, as it has not been demonstrated that acid sulphate soils would not be disturbed by the proposed development.

 

28.    Applicant’s Comments: A Preliminary Acid Sulfate Soils Assessment has been prepared by TRACE Environmental and based on the findings of desktop investigations and site observations, concludes that it is unlikely that Acid Sulfate Soils (ASS) will be disturbed during the proposed works associated with the demolition of the existing structure and construction of the new Maintenance and Staff Amenities Building. Refer to the Preliminary Acid Sulfate Soils Assessment and the Addendum to the Statement of Environmental Effects submitted as part of this additional information package for further details.

 

29.    Comments from Independent Assessment Officer: The site is affected by Class 2 acid sulfate soils, which pursuant to cl. 6.1(2) requires that an Acid Sulfate Soils Management Plan be undertaken for “any works below natural ground surface”. The documentation submitted with the application indicates that the following works would occur below natural ground level:

 

·     Excavation for the footings, which based on submitted information would extend to approximately 600mm;

·     Excavation (to an unknown depth) to enable the planting of trees.

 

30.    Neither an ASSMP nor a preliminary assessment had been submitted prior to the Local Planning Panel’s previous consideration of the DA. A Preliminary ASSMP was now been provided which indicates that the risk of encountering acid sulfate soils is low. Recommendations were provided within the Preliminary ASSMP to manage the risk, and these recommendations are reflected within the recommended conditions of consent.

 

31.    The Preliminary ASSMP was also considered by Council’s Environmental Health Officer as part of their assessment of the amended plans submitted with the proposal, where it was concluded that the development is satisfactory subject to appropriate conditions.

 

32.    Deferral Reason No 3: Acid Sulphate Soil Assessment and Management Plan as the proposal seeks to undertake works below the natural ground surface within Class 2 acid sulphate soils land, but has not been accompanied by an acid sulphate soils management plan as required by clause 6.1 of the Kogarah Local Environmental Plan 2012 (Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979).

 

33.    Applicant’s Comments: As discussed above, TRACE Environmental have carried out a Preliminary Acid Sulfate Soils Assessment and have concluded that it is unlikely that Acid Sulfate Soils (ASS) will be disturbed during the proposed works associated with the demolition of the existing structure and construction of the new Maintenance and Staff Amenities Building. Refer to the Preliminary Acid Sulfate Soils Assessment and the Addendum to the Statement of Environmental Effects submitted as part of this additional information package for further details.

 

34.    Comments from Independent Assessment Officer: As indicated in relation to Deferral Reason No 2, neither an ASSMP nor a preliminary assessment had been submitted prior to the panel determination. The submission of the Preliminary ASSMP has satisfied clause 6.1 of KLEP 2012, and has also been assessed as satisfactory by Council’s Environmental Health Officer.

 

35.    Deferral Reason No 4: Waste Management Plan to meet the requirements of Part B5 - Waste Management and Minimisation of the Kogarah Development Control Plan 2013.

 

36.    Applicant’s Comments: Although the application was accompanied by a written Waste Management Plan, as well as a ‘Soil and Waste Management Plan’ provided as part of the architectural drawing package, insufficient information was submitted in relation to chemical and liquid storage. Details of the management of demolition, construction and ongoing waste and recycling are provided on Drawing DA12 A of the architectural drawing package prepared by Dickson Designs Pty Ltd and in the Waste Management Plan prepared by Waste Spec and submitted previously.

 

37.    However, other than the new self bunded petrol and diesel tanks that are to be located in the fuel storage room (tank chamber) to be built in accordance with AS 1940-2017 Section 9.6, no chemicals or hazardous materials are to be stored within the building. All chemicals and hazardous materials used in the maintenance of the course are now being stored in a purpose built and secure storage facility centrally located on the course. As such, there will no longer be any storage of chemicals or hazardous materials (other than fuel) at the proposed building. Details of the management of the wash down bay/Oil Water Separator and the fuel storage room and refuelling area are provided below at items 7 and 8.

 

38.    In relation to waste bins, it appears that there may have been some prior confusion in relation to the designation of the proposed storage bins (i.e. that these were to be used for the storage of waste prior to collection. These storage bins are to be used for the storage of sand and soil used for maintenance of the course and are discussed in further detail in item 10 below. The general waste bin is a 3m3 General Waste Bin that is to be located on the western side of the building and will not have an adverse impact on the amenity of the adjoining residential properties as the storage and subsequent collection of the waste (by private contractor Veolia) will occur on the western side of the building, well away from the residential properties. Collection of the general waste bin occurs once a week on a Tuesday, generally between the hours of 9am and 5pm, utilising a front lift MRV/HRV waste collection vehicle.

 

39.    Comments from Independent Assessment Officer: Although a Waste Management Plan was submitted with the previous application, it had failed to properly describe the following waste management arrangements:

 

·     Storage of chemical and liquid wastes (such as waste oil from maintenance of lawn mowers, as well as empty chemical drums, etc). The WMP contains only details on the ‘removal of the grease sludge from tank adjacent to clubhouse’, which is undertaken every 6 weeks, but the WMP does not describe how this will be stored prior to collection.

·     The methodology for managing fuel spills on the fuel filling pad.

·     Details of how the wash down area will capture pollutants in the soil and water run-off.

 

40.    The amended proposal has provided additional drawings which details methods for the management of demolition, construction and ongoing waste. Aside from fuel, the application does not seek to store any chemicals or hazardous materials within the proposed building, and further detail has been provided on management of fuel waste. Further information is contained in relation to Deferral Reasons 6 and 7 (below).

 

41.    As above, it is also noted that Council’s Environmental Health Officer has also assessed this aspect of the development in terms of the additional information and amended plans submitted, and advised that the development is satisfactory.

 

42.    Deferral Reason No 5: Acoustic Report prepared by an appropriately qualified acoustic consultant, demonstrating that the acoustic impacts of the proposed development will not interfere with the amenity of the nearby residential properties and identify any measures required to mitigate the acoustic impact such as hours of operation, acoustic treatment, location of openings.

 

43.    Applicant’s Comments: An Environmental Noise Impact Assessment has been prepared by Day Design Pty Ltd and concludes that “measurements and calculations show that the level of noise emitted by the Amenities Building will meet the acceptable noise level requirements of Council and The NSW Environment Protection Authority’s Noise Policy for Industry, as detailed in Section 3.0 of this report and will therefore be acceptable”. Refer to the Environmental Noise Impact Assessment and the Addendum to the Statement of Environmental Effects submitted as part of this additional information package for further details.

 

44.    Comments from Independent Assessment Officer: The submitted acoustic report indicates that the proposal will satisfy relevant noise criteria contained within the NSW Noise Policy for Industry. The findings of this report and the recommendations form the hours of operation of this maintenance shed as detailed in the recommended conditions. As with the preceding matters, this Acoustic Report was reviewed by Council’s Environmental Health Officer and the conclusions are supported. It is noted that several issues with the report have been raised within the submissions and these are discussed later in this report.

 

45.    Deferral Reason No 6: A report from an appropriately qualified consultant dealing with the proposed storage of any chemical waste, fuel and any other hazardous materials either from within or outside the building.

 

46.    Applicant’s Comments: As described above, other than the petrol and diesel tanks that are to be located in the fuel storage room (tank chamber) to be built in accordance with AS 1940-2017 Section 9.6, no chemicals or hazardous materials are to be stored within the building. All chemicals and hazardous materials used in the maintenance of the course are now being stored in a purpose built and secure storage facility centrally located on the course and therefore, no longer form part of this application.

 

47.    In relation to fuel storage, the existing aboveground petrol storage tank is to be removed and replaced by a 2000 litre diesel and a 1000 litre unleaded petrol heavy duty self bunded fuel storage tank supplied by Equipco Pty Ltd, to be located within a designated fuel storage area (tank chamber), that has been designed and will be constructed, in accordance with Section 8.6 of AS 1940-2017 – The storage and handling of flammable and combustible liquids. As such, the potential for ongoing localised contamination will be eliminated. A fire extinguisher (Class B) will be installed inside the fuel storage area.

 

48.    All refuelling of machinery/vehicles is to be undertaken in the bunded fuel dispensing area located next to the fuel storage area. The floor of the refuelling area is graded to a centrally located sealed pit where any spilled fuel will drain. The pit will be pumped out as necessary and spilled fuel will be collected and disposed of by a licensed contractor on an ‘as needed’ basis.

 

49.    Comments from Independent Assessment Officer: This Deferral Reason expands upon Deferral Reason No 4 (above) relating to information that was omitted from the Waste Management Plan.

 

50.    Although a formal report was not submitted in regard to storage of any chemical waste, fuel and any other hazardous materials. The explanation from the applicant is sufficient to enable assessment to be made.

 

51.    It is noted that this issue was also considered by Council’s Environmental Health Officers in their assessment of the amended plans submitted with the application, and the assessment concluded that the development is satisfactory, subject to conditions of consent.

 

52.    Deferral Reason No 7: Full details of the planned wash down area including specific dimensions of the area and details of how the wash down area would capture pollutants from the soil and water run- off.

 

53.    Applicant’s Comments: Details of the wash down bay are provided on Drawing DA11 A of the architectural drawing package prepared by Dickson Designs Pty Ltd and indicates a 5m x 6m bunded (to a depth of 100mm) concrete wash down bay with a 50mm fall to a centrally located 1100mm x 1100mm (750 litre) fiberglass pit fitted with a galvanized grate and silt trap. The collection pit will be connected to a free standing VGS Oil Water Separator with a flow rate of 1000 litres per hour, installed to manufacturer’s specifications and located in the rear, right hand corner of the wash down bay. A differential type float switch located within the collection pit will control the pump operation and all waste water from the wash down bay will pass through the oil water separator, effectively removing free oil, grease and low density suspended solids from the waste water prior to discharge of water to the sewer.

 

54.    The Vertical Gravity Separator (VGS) is a flooded system that operates through the control of both fluid velocity and pressure. These forces gently coax non-emulsified impurities from water by allowing high density contaminants to fall into a sludge retaining area at the bottom of the vessel and oil droplets and low density suspended solids to rise to the top of the vessel. The oil and suspended solids then drain off into a waste tank for disposal.

 

55.    A ‘Tap In’ application for a Trade Waste Agreement (Discharge trade wastewater application) with Sydney Water has been made (Application No. 730256) and was approved on 16 October 2019. A copy of the Permit to Discharge Trade Wastewater is provided with this additional information package.

 

56.    Waste Oil and sludge from the sludge outlet and waste drum will be collected on an ‘as needed’ basis by Waste Oil Collection, ABN: 72 619 195 765 (www.wasteoilcollection.com.au). This is the same company who currently collect waste oil from the Golf Course.

 

57.    Further details of the VGS Oil Water Separator are provided in the specification drawings and Installation and Operation Manual provided as part of this additional information package.

 

58.    Comments from Independent Assessment Officer: This matter also expands upon Deferral Reasons No 1 and 4. New drawings were provided with the application which details how pollutants will be removed from the building. An extract from an explanation of the system was provided from the applicant (as discussed in their comments above).

 

59.    It is noted that Council’s Environmental Health Officer has made an assessment of the application and advised that the development is satisfactory subject to appropriate conditions of consent.

 

60.    Deferral Reason No 8: Demonstrate the parking proposed to be provided is warranted to service the operation needs of the proposed maintenance and staff amenities building.

 

61.    Applicant’s Comments: The revised Site Layout Plan (DA05 A) prepared by Dickson Design Pty Ltd indicates a total of ten (10) on-site parking spaces, including an accessible space. The on-site parking is to accommodate six (6) full time staff and four (4) volunteers who regularly assist the full time staff with course preparation and maintenance.

 

62.    Currently the staff and volunteers park their vehicles within the site in a somewhat ad-hoc fashion. However, it is proposed that the on-site parking for staff be formalized with sealed and line-marked parking spaces. Table 1 in Part B4 of Kogarah Development Control Plan 2013 does not specify parking rates for a golf course. However, the proposed number of parking spaces has been based purely on the operational/parking needs of the golf course green keeping staff and volunteers and means that a parking space will be available for the full capacity of green keeping staff and volunteers. It is also noted that the parking spaces have been oriented to face Weeney Street and as such, will assist in minimising the impacts of vehicles parking close to the eastern boundary, adjacent to the residential properties.

 

63.    Comments from Independent Assessment Officer: Limited information was provided in the original application to outline whether the proposed parking was sufficient to meet the needs of the proposed development, so as to minimise the impacts to the availability of on-street parking to surrounding streets.

 

64.    Notwithstanding, the matter was referred to Council’s Traffic Engineer who concluded that the number of parking spaces was adequate. At the request of Council’s Traffic Engineer, swept path diagrams were also provided to demonstrate that the carpark could operate efficiently. The applicant has provided swept-path diagrams to ensure that all required vehicles can manoeuvre adequately within the site and in particular can enter and leave in a forward direction.

 

65.    Deferral Reason No 9: A Plan of Management which includes consideration of operating hours, storage of chemicals and hazardous materials, vehicle movements, number of staff and other relevant operational matters.

 

66.    Applicant’s Comments: An Operational Plan of Management that provides details of the above operational matters has been prepared. As indicated earlier, please note that with the exception of petrol and diesel fuel to be stored in self bunded tanks located within the purpose built fuel storage area, no other chemicals or hazardous materials are proposed to be stored in the Maintenance and Staff Amenities Building. All chemicals and hazardous materials are now being stored in a separate secure location in the centre of the golf course.

 

67.    Comments from Independent Assessment Officer: Aside from the Beverley Park Plan of Management 2006, which relates to the entire course, a Plan of Management was not submitted with the original DA. The items in this Deferral Reason relate broadly to a number of the other deferral reasons. A Plan of Management (PoM) has now been submitted for the maintenance shed and the responses within the PoM, to each of the specific items listed by the Panel, are summarised below:

 

68.    Operating hours - The hours of operation are:

 

·     4:00am (arrival of staff) to 2.30pm Monday to Friday; and

·     3:30am (arrival of staff) to 8am Saturdays and Sundays

 

69.    This is generally consistent with the hours contained within the original application, which indicated that hours were to commence at 3:30am.

 

70.    Storage of chemicals and hazardous materials - Consistent with the response provided in relation to Deferral Reason No 6, the PoM states that:

 

“With the exception of diesel and unleaded petrol stored in the self bunded storage tanks, no chemicals or hazardous materials are to be stored within the premises. (N.B. all chemicals and hazardous materials are to be stored in the secure storage facility located in the centre of the course)”.

 

71.    As noted previously throughout this report, Council’s Environmental Health Officer has made an assessment in terms of storage of chemicals and hazardous materials as part of their assessment, which concludes that the development is satisfactory subject to appropriate conditions of consent.

 

72.    Vehicle movements - Measures to manage vehicular movements are outlined within various parts of the PoM, including:

 

·     All vehicular ingress/egress to the building is to occur from the western side of the building only. This also applies to pedestrian movements to and from the building prior to 7am

·     All staff arriving at the site prior to 7am are to utilise any available parking space that is furthest from the residential premises that adjoin the eastern boundary adjacent to the building

·     Where green keeping equipment/vehicles leave the building prior to 7am, they are to commence work at a point furthest from any residential premises.

·     All truck deliveries to the site are to occur between the hours of 7am and 6pm Monday to Friday and between 8am and 6pm Saturdays, Sundays and Public Holidays.

 

73.    The movement of vehicles is generally consistent with the operation of the golf course and is considered to be satisfactory.

 

74.    Number of staff - The PoM outlines the following:

 

There are currently six (6) full time staff, including the Course Superintendent, as well as four (4) volunteers, who generally assist on Mondays, but may attend the course on other days as well.

 

75.    Other relevant operational matters - The PoM also contains information on:

 

·     Noise management measures

·     General cleanliness and waste management

·     Wash down bay

·     Fuel storage area and fuelling bay

·     Course maintenance and material storage bins.

 

76.    The majority of this information is consistent with information contained elsewhere within the submission (ie acoustic report, waste management plan).

 

77.    Overall, the Plan of Management is considered to satisfactorily address the on-going operation of the development to ensure that this can occur in a manner which minimises the impacts on the amenity of adjoining properties. Compliance with the Plan of Management is required via a condition of consent.

 

78.    Deferral Reason No 10: A revised design that incorporates the following:

 

·      Openings in the structure for heavy vehicles and machinery to face west (towards the golf course) and not adjoining residential premises to the east;

·      No vehicle movements between the proposed building and residential properties;

·      Relocate the proposed Bin 1 and Bin 2 area to the western side of the building; and

·      All windows on the eastern elevation to be provided with fixed obscured glazing.

 

 

79.    Applicant’s Comments: As indicated in the architectural drawings prepared by Dickson Designs Pty Ltd, the following amendments have been incorporated into the design:

 

·     All openings for heavy vehicles are now restricted to the western side of the building. The two rollers doors on the eastern side of the building are necessary for emergency egress only.

 

·     There will be no vehicle movements between the proposed building and the adjoining residential properties and this area is to be extensively landscaped with a screening hedge of Acmena smithii (Lilli Pilli), together with an additional three (3) Eucalyptus albens (White Box) to match the existing row of trees along the eastern boundary. With the exception of a concrete footpath adjacent to the building, the remainder of the area between the building and the adjoining residential properties will be grassed and landscaped (series of planter boxes containing small native plants.

 

·     The proposed soil and sand storage bins have been relocated to eliminate vehicular movements between the building and the adjoining residential properties. However, they still remain on the eastern side of the building. In order to move the bins to the western side of the building and locate them so that they did not encroach onto the golf course fairway, the building would need to be moved from its current 16m setback from the adjoining residential properties to a setback of only 9m. This brings the building much closer to the residential properties and substantially reduces the ability to provide a landscaped buffer between the building and the adjoining residential properties. To demonstrate this issue, a series of three (3) Site Layout Plan options has been prepared by Dickson Designs Pty Ltd, copies of which are provided as part of this additional information package.

 

o   Option 1 – Is the (applicants preferred) proposed location of the bins next to the north eastern corner of the building.

 

o   Option 2 – Shows the bins located on the western side of the building. However, this locates the bins within the existing fairway and would impact on the current design of this part of the course and would be contrary to the Master Plan for the Course approved by Council on 11 November 2011 and referenced in Section 4.36 of the current lease.

 

o   Option 3 - Shows the bins located on the western side of the building, but not within the existing fairway. However, this option requires the building to be relocated closer to the adjoining residential properties (reduced setback from 16m to 9m) and therefore reduces the buffer between the building and the residential properties and limits the available area for landscaping.

 

·     As such, the proposed location of the storage bins is preferable from an operation point of view, as well having least impact on the adjoining residential properties.

 

·     These bulk storage bins are used for the storage of sand and soil used for the ongoing maintenance of the course. The bins are required to be refilled up to three (3) times a year and the delivery of the sand and soil does not take place prior to 7am or after 5pm. Deliveries are undertaken using either a B-Double (truck and trailer) or a single dump truck. Due to the infrequency of these deliveries, the impacts associated with the refilling of the bins is considered to be minimal and would not have an unreasonable impact on the amenity of the adjoining residential properties. The bins are proposed to be located on an angle, with the closest point being 5.095m from the closest residential property and will be adjacent to the existing solid brick wall at the rear of 8 Weeney Street and surrounded by landscaping.

 

·     All windows on the eastern side of the proposed building are to be fixed and fitted with 6.38mm opaque glazing, as per the recommendations of the Environmental Noise Impact Assessment report prepared by Day Design Pty Ltd.

 

80.    Comments from Independent Assessment Officer: Comments are provided in regard to each of the design requirements included in Deferral Reason No 10, and these are discussed as follows.

 

A revised design that incorporates the following:

 

·     Openings in the structure for heavy vehicles and machinery to face west (towards the golf course) and not adjoining residential premises to the east;

 

81.    The location of openings has not changed; however, there is no longer a road proposed surrounding the building. Notwithstanding, golf carts could still be driven into the eastern side of the building over the grass. Information provided with the application indicates that it is necessary for evacuation purposes to retain openings to the east; however, despite Council’s request, no information was provided to demonstrate why the roller doors were required at all, or why they were required to be large enough to accommodate a golf cart. Subsequently, a condition is recommended to reduce the size of the openings on the eastern side.

 

·     No vehicle movements between the proposed building and residential properties;

 

82.    As discussed above, the driveway to the rear has been deleted; however, it is still possible for carts to be stored at the rear and moved through the roller doors. Design amendments are recommended to reduce the likelihood of this occurrence. In addition, the restrictions on the use of the area is to be reinforced by condition.

 

·     Relocate the proposed Bin 1 and Bin 2 area to the western side of the building; and

 

83.    The proposed soil and sand storage bins have been relocated to eliminate vehicular movements between the building and the adjoining residential properties. However – in the applicant’s preferred option (option 1), they still remain on the eastern side of the building. The applicant provided three alternative options for the layout of the maintenance building. One of these options, being Option 2, considers the relocation of the sand and soil storage bins to the western side of the building. This option was discounted by the applicant on the basis that it would require additional tree removal.

 

84.    However, Council’s Tree Management Officer indicated that the trees proposed for removal are of no particular significance, and that the tree removal should not present an impediment to the delivery of Option 2. Council’s Tree Management Officer suggested that there was ample space for new planting and that a condition could be imposed requiring trees to be replaced at a rate of 2:1, in accordance with Council’s Tree Management Policy.

 

85.    It is therefore recommended that the plan shown in Option 2 be included as part of the approval documentation (elevations plans of the actual building will be unchanged, because the delivery of this option will not affect the actual building).

 

·     All windows on the eastern elevation to be provided with fixed obscured glazing.

 

86.    The windows to the eastern elevation are obscure sit 2.5m above the finished floor level and the windows will create limited privacy impacts. Therefore, it is recommended that the application be approved without this design amendment.

 

APPLICABLE PLANNING CONTROLS

·     Environmental Planning and Assessment Act 1979 (the Act)

·     Environmental Planning and Assessment Regulation 2000 (the Regulation)

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

·     State Environmental Planning Policy No 55 - Remediation of Land

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

·     Kogarah Local Environmental Plan (KLEP) 2012

·     Kogarah Development Control Plan (KDCP) 2013

 

PLANNING ASSESSMENT

87.    The site has been inspected and the amended plans and additional information for the proposed development (received 18 October 2019) have been assessed under the relevant Section 4.15(1) "Matters for Consideration" of the Act. 

 

Environmental Planning Instruments

 

State Environmental Planning Policies

88.    Compliance with the relevant state environmental planning policies is detailed and discussed below.

 

Discussion on the SEPPs relevant to the development

 

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

89.    A review of the site history indicates that the subject site was vacant until the 1940s, after which time it was developed into (and continually operated as) a golf club with associated development.  This review also suggests that land surrounding the subject site has also been continually used for predominantly residential development during that period of time. However, given there is an existing diesel tank on the land as well of small areas of chemical storage, a Preliminary Site Investigation (PSI) was requested as part of the application deferral.

 

90.    The submitted PSI, prepared by TRACE Environmental, concludes that there is considered to be a low potential for widespread contamination to have occurred at the site as a result of the current and historical site uses. However, localised impacts associated with current petroleum and chemical storage areas may exist, and hazardous building materials may be present in the fabric of the on-site building. As such, conditions are recommended requiring the preparation of a further Detailed Site Investigation following the demolition of the building.

 

State Environmental Planning Policy No 19 — Bushland in Urban Areas

91.    While the former Kogarah Local Government Area (LGA) is subject to the provisions of this SEPP, and the concerns about large-scale tree clearing by objectors is noted, ‘Bushland’ is defined by the SEPP as follows:

 

bushland means land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.

 

92.    The vegetation that is proposed to be removed from the site is not a remainder of natural vegetation of the land, nor is it considered to be representative of the native structure and floristics of the locality.  As such, the SEPP is not considered to be applicable to the subject DA. 

 

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

93.    As part of the application, 15 trees are proposed to be removed from the site to accommodate the proposed development.

 

94.    Council’s Tree Management Officer has reviewed the application and raised no objection to the proposed tree removal, subject to conditions requiring amendments to the landscape plan, including thirty (30) additional tree plantings. Tree management conditions are recommended to protect trees that are to be retained, and subject to conditions, the proposal is able to satisfy this SEPP.

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

95.    The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 — Georges River Catchment. The proposed Concept Stormwater Plan is considered to be consistent with Council's requirements for the disposal of stormwater in the catchment. However, it is noted that recommended conditions of consent require the submission of a Detailed Stormwater Plan and supporting information of the proposed on-site stormwater management system in accordance with ‘Water Management Policy, Kogarah Council, August 2006’ prior to the issue of a Construction Certificate.

 

96.    The proposal would not have a foreseeable impact on river bank disturbance, flooding, urban stormwater runoff and/or local water quality (subject to conditions to the imposition of the aforementioned conditions). Further, a Preliminary Acid Sulfate Soils Assessment has been prepared by TRACE Environmental and based on the findings of desktop investigations and site observations, concludes that it is unlikely that Acid Sulfate Soils (ASS) will be disturbed during the proposed works.

 

Draft Environmental Planning Instruments

 

Draft Remediation of Land SEPP

97.    The Department of Planning and Environment has announced a Draft Remediation of Land SEPP, which will repeal and replace the current State Environmental Planning Policy No 55 — Remediation of Land.

 

98.    The main changes proposed include the expansion of categories of remediation work which requires development consent, a greater involvement of principal certifying authorities particularly in relation to remediation works that can be carried out without development consent, more comprehensive guidelines for Councils and certifiers and the clarification of the contamination information to be included on Section 10.7 Planning Certificates.

 

99.    The proposal satisfies SEPP 55, and the conclusions drawn from the assessment against that policy, are equally applicable to the Draft Remediation of Land SEPP.

 

Draft Environment SEPP

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

 

101.  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.

 

102.  The proposal is consistent with the provisions of Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment, and similar conclusions are able to be drawn in relation to this Draft Instrument.

 

Local Environmental Plans

 

Kogarah Local Environmental Plan 2013

103.  The table below is an assessment of Option 2 of the amended plans submitted following the deferral of the application by the Panel on 18 July 2019, extent to which the proposal complies with the relevant standards of Local Environmental Plan is outlined in the table below.

 

Clause

Standard

Proposed

Complies

Part 2 – Permitted or Prohibited Development

RE1 Public Recreation zone

The proposal does not seek to change the existing use of the site, maintaining the existing arrangements which provide for a staff amenities and maintenance building which are already ancillary to the Beverley Park Golf Club.

 

A golf club is a type of recreation facility (outdoor) which is permissible with consent within the RE1 Zone.

Yes

RE1 zone Objectives

Objectives of the Zone

·    To enable land to be used for public open space or recreational purposes.

·    To provide a range of recreational settings and activities and compatible land uses.

·    To protect and enhance the natural environment for recreational purposes.

The proposal is considered to meet the first two objectives of the RE1 zone by providing services and facilities that support the operation of the golf club, which provides recreational facilities.

 

The additional information provided in response to the deferral has now also satisfied the third objective, and the proposal is not deemed to create an undue adverse impact on the natural environment.

Yes

4.3 Height of Buildings

No standard applies.

 

However, adjoining sites have a maximum building height of 9m.

The proposed building will have a maximum height of 5m where the north eastern most portion of the roof ridge at 7.30 AHD is located above the existing ground level of 2.30 AHD. This is unchanged from the previous proposal.

Yes

4.4 Floor Space Ratio

No standard applies.

The proposed building contains a gross floor area of approximately 550sqm, resulting in a floor space ratio of approximately 0.02:1 over the 23,300sqm lot.  This is unchanged from the previous proposal.

Yes

4.5 Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

Noted

N/A

5.10 Heritage conservation

 

The site does not contain a heritage item and is not within a heritage conservation area; there are no heritage items within the immediate vicinity of the subject site.

 

Further, the National Trust no longer identifies the site and/or surrounding area as being part of a heritage conservation area.  Heritage provisions therefore do not apply to the site.

 

The site is highly modified, and it is unlikely that items of indigenous heritage would be present.

 

An ‘Extensive Search’ has also been undertaken using the AHIMS database and identified no Aboriginal sites or places being located at the subject site.

 

A condition is recommended requiring that works cease if items are uncovered, until the relevant authorities have been consulted.

Yes

6.1 Acid sulfate soils

(3)  Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.

The site is affected by Class 2 acid sulfate soils, which pursuant to cl. 6.1(2) requires that an Acid Sulfate Soils Management Plan be undertaken for “any works below natural ground surface”. 

 

A Preliminary Acid Sulfate Soils Assessment has been prepared by TRACE Environmental and based on the findings of desktop investigations and site observations, concludes that it is unlikely that Acid Sulfate Soils (ASS) will be disturbed during the proposed works associated with the demolition of the existing structure and construction of the new Maintenance and Staff Amenities Building. Conditions are recommended requiring a qualified environmental consultant to inspect the site should unexpected potential ASS conditions be identified.

Yes

6.2 Earthworks

(3)  Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters:

(a)  the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,

(b)  the effect of the development on the likely future use or redevelopment of the land,

(c)  the quality of the fill or the soil to be excavated, or both,

(d)  the effect of the development on the existing and likely amenity of adjoining properties,

(e)  the source of any fill material and the destination of any excavated material,

(f)  the likelihood of disturbing relics,

(g)  the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,

(h)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

According to the submitted information, excavation for the footings will reach a depth of approximately 600mm for the proposed building.

 

Having regard to the information that has been provided on environmental site conditions, the extent of earthworks is not unreasonable.

 

Yes

6.3 Flood planning

(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a)  is compatible with the flood hazard of the land, and

(b)  is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c)  incorporates appropriate measures to manage risk to life from flood, and

(d)  is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e)  is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

The proposed development has been assessed as being compatible with the flood hazard of the land and is not likely to significantly affect flood behaviour.

 

The site is affected by a 1 in 100 year ARI flood level of 1.80 AHD and a flood planning level of 2.30 AHD. The proposed maintenance and staff amenities complex have a minimum floor level above both these levels at 2.50 AHD, whilst the entire portion of the site to be redeveloped is currently located above the 1 in 100 year ARI flood level at 2.24 AHD. 

 

The proposal is not expected to significantly affect the environment or cause avoidable erosion or siltation. It is not likely to result in any unsustainable social and economic costs to the community as a consequence of flooding.

Yes

 

Development Control Plans

 

Kogarah Development Control Plan 2013

104.  The following is an assessment of the relevant controls relating to the plans submitted following the deferral of the application by the Panel on 18 July 2019 of Kogarah Development Control Plan 2013. A detailed assessment of any notable issues and/or non-compliances is contained within the main body of the report.

 

KDCP 2014

Proposed

Complies

Part B – General Controls

B2 Tree Management & Green Web

1 Preservation of Trees and Vegetation

1.1 Tree Management

(1) Compliance with provisions of Clause 5.9 Preservation of Trees or Vegetation of KLEP 2012 must be achieved.

(2) Development consent or a Council permit is required to ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree, whether on private or public land, which has:

(i.)  A height greater than 3.5m, or

(ii.) A branch spread exceeding 3 metres in diameter

(3) An application to ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree shall contain the following information:

(i.)  An application on the prescribed form.

(ii.) The written consent of the land owner unless the application is for pruning a tree over the applicant’s property from a tree on the neighbouring property.

(iii.)   Details as to the reasons for the pruning/removal of the tree.

(iv.)   A description of trees to be removed/pruned which includes:

·    A site plan showing trees and existing structures.

·    The species type – common and full scientific names if known.

·    Approximate height, trunk and canopy spread.

(4) Irrespective of Clause (2) above, the following tree works do not require Council approval when undertaken in accordance with relevant Australian Standards for the pruning of amenity trees.

(i.)  Trees that have been declared an undesirable species and identified in List 1 below may be removed or pruned without the need for development consent or a Council permit, provided the tree has not been identified as possessing heritage significance.

(ii.) Works undertaken in response to an emergency by the State Emergency Service, Rural Fire Service or another Authority.

(iii.)   Trees that require pruning in accordance with the Electricity Supply Act 1995.

(5) Council will be satisfied that a tree is dead and/or a risk to life or property when:

(i.)  The tree is not within the Green Web habitat corridor or habitat reinforcement corridor and a report by a qualified Arborist (minimum AQF Level 5 Arboriculture), including photographs of the tree, is submitted which concludes that the tree is dead or dying; or

(ii.) It can be proven that the pruning or removal work is the only reasonable option to avoid an immediate threat of injury or damage to life or property and the works were undertaken to the minimum extent necessary to manage that threat; and

(iii.)   Recorded proof of that threat, in the form of a report (Tree Hazard Assessment (THA)) by a qualified Arborist (minimum AQF Level 5 Arboriculture) including photographs of the tree and detailing the cause of danger. Where a trunk or limb defect assessment is undertaken, strength loss calculations and cross section mapping must be included in the THA.

(iv.)   In the event of tree removal, the arborist report is forwarded to Council immediately following the removal.

(v.) In the event of pruning, the arborist report is made available to Council on request within three (3) months after the pruning works.

Although tree removal is proposed, conditions are recommended requiring replacement plantings. For those trees to be retained, tree protection and retention conditions are recommended.

 

Refer to discussion of the Vegetation SEPP for further information on tree removal.

Yes, subject to conditions.

2. Green Web Requirements

Subject to conditions, the proposal will not be inconsistent with the Green Web Requirements.

Yes

B5 – Waste Management & Minimisation

1. Waste Management Plan

(1) 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).

(2) Illustrate on the DA plans/ drawings:

·    the location and space allocated for the storage of demolition and construction waste or materials;

·    waste collection point(s) for the site; and

·    path of access for collection vehicles.

(3) Prepare the Waste Management Plan in accordance with the requirements in Kogarah Waste Not Plan 2012.

(4) Demonstrate in the Waste Management Plan the use of second hand building materials and recycled building products during building design and construction.

(5) Retain records (including receipts) on site demonstrating recycling and lawful disposal of waste.

A waste management plan has been submitted with the application. However, a condition is also recommended requiring further information to be provided in an updated waste management plan.

Yes, subject to conditions.

2. Waste and Recycling Requirements

(1) All development applications should have regard to the provisions of the Kogarah Waste Not Plan 2012.

(2) Door widths to waste/recycling storage rooms shall be a minimum of 1100mm and must be wide enough to accommodate the largest chosen bin size for that development, with a gap on either side of the bin of no less than 100mm.

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

(8) 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.

(10)  Waste/recycling storage areas must be designed and located to avoid adverse impacts on the amenity of adjoining sites.

The sand and soil storage area is not supported in its current location, and conditions are recommended requiring this to be relocated to the western side of the building, away from neighbouring residents.

 

The waste collection area is also located on the western side of the building, and conditions are recommended to require the ongoing satisfactory management of this area.

Yes, subject to conditions.

B6 – Water Management

1. On site Water Management & Stormwater Controls

To be in accordance with Council’s Water Management Policy.

The stormwater design is supported by Council’s Development Engineer, subject to conditions.

Yes, subject to conditions.

2. Flooding and drainage

(1) Detention storage is to be provided that is equal to or greater than the specified Site Storage Requirements (SSR).

(2) Rainwater tank installed to meet BASIX water conservation requirements will be given credit for SSR purpose.

(3) Floor levels, carparks, driveways and basements are to be designed to meet the set guidelines.

(4) Drainage easements servicing stormwater pipes and/or overland runoff from catchments upstream of the development site are to be managed according to the guidelines presented in the design practice note – Site Drainage and Flood Management.

(5) Discharge of stormwater runoff from a development site is to be undertaken in accordance with the design practice note, Site Drainage and Flood Management regarding direct discharge to kerb, discharge to a Council owned stormwater conduit, discharge to natural areas, discharge through private property and discharge within the development site.

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

(7) Garage levels are to be at or above the 100 year ARI flood level.

(8) Basements are to be protected up to and including the 100 year ARI flood level.

(9) Driveways and carports shall not be sited where the product of velocity and depth of the overland flow exceeds 0.4sqm/s or the flow depth is above 300mm for the 100 year ARI flood.

(10)   Alterations and additions to existing buildings are permitted in flood affected areas provided they substantially reduce the flood risk levels in relation to property damage and personal safety.

(11)   Developments affected by flooding from main stream or channel bank overflows shall address site evacuation, structural soundness of affected buildings and other risk related issues as required by the NSW Floodplain Development Manual 2005. Any alteration to existing surface levels for a designated overland flow path/floodway is subject to written Council approval.

(12)   Overland flow paths/ floodways that are located outside the drainage easement for a Council pipe should have easements or restrictions created for them.

The proposed floor levels of 2.50 AHD are above the flood planning level of 2.30 AHD. The entire portion of the site to be redeveloped is also located above the flood planning level at 2.24 AHD and the car park is able to sit above this level.

Yes

B7 – Environmental Management

1. Orientation: Building siting and design

(1) Orient the building, as far as possible, so that the longest side is on the east-west axis.

(2) The main facades of a building should be orientated towards the north, preferably within a range of 30 degrees east and 20 degrees west of true north.

(3) Maximise the number of windows on the northern face of the building.

(4) The use of dark coloured roofing is discouraged unless solar cells are integrated into the roof.

(5) If development is of a commercial or industrial nature, design buildings to ensure that as much of the floor area as possible is within 4 to 6 metres of an external window. Office areas should, as a minimum be within 10 metres of an external window to provide access to natural lighting.

(6) Minimise glazing on the southern and western sides of the building.

The development is intended to be provided within an area that currently is aligned in a north-south axis. The proposed building maintains that orientation and this is appropriate in this instance.

 

The high occupancy areas (staff room etc) are located along the northern and western sides of the building which are provided with openings.

Yes

2. Energy efficiency in non residential developments

(1) Development is to be designed and constructed to reduce the need for active heating and cooling by incorporating passive design measures including design, location and thermal properties of glazing, natural ventilation, and appropriate use of thermal mass and external shading, including vegetation.

(2) Lighting provided as part of a development should be energy efficient, such as LED lighting.

(3) Car parking areas are to be designed and constructed so that electric vehicle charging points can be installed at a later time.

A condition is recommended requiring compliance with the energy efficiency requirements contained within Section J of the Building Code of Australia

 

Conditions are also are also able to require energy efficient lighting as well as requiring that the car parking area be constructed so as to accommodate electric vehicle charging at a later time.

Yes, subject to conditions.

3. Water efficiency in non residential developments

(1) All new water fittings and fixtures such as showerheads, water tap outlets, urinals and toilet cisterns, in all non-residential development, the public domain, and public and private parks are to be the highest Water Efficiency Labelling Scheme (WELS) star rating available at the time of development.

(2) Generally, rainwater tanks are to be installed for all non-residential developments, including major alterations and additions that have access to a roof form from which rainwater can be feasibly collected and plumbed to appropriate end uses.

(3) Generally, water used for irrigation of public and private open space is to be drawn from reclaimed water or harvested rainwater sources. Possible sources include harvested stormwater, treated grey-water and wastewater and water from a decentralised local network.

Conditions are recommended requiring the use of efficient water fittings in accordance with the WELS star rating.

 

Rainwater tanks are proposed as part of the development.

 

No changes are proposed to any existing irrigation arrangements.

Yes, subject to conditions.

 

SUBMISSIONS AND THE PUBLIC INTEREST

105.  In addition to the notification periods that occurred during the original assessment for this DA, the amended plans and additional information received in response to the Local Planning Panel’s previous deferral of the application was re-notified to adjoining owners and previous submitters from 13 November to 27 November 2019.

 

106.  All of the amended plans (3 options) and the professional reports submitted by the applicant on 18 October 2019 were made available during and subsequent to the notification period on the DA tracking system of Council’s website (www.georgesriver.nsw.gov.au).

 

107.  In response to the notification of the amended plans/additional information, a further eleven (11) unique submissions were received. Ten (10) of these submissions were by way of objection, with one (1) submission in support. Some of these submissions were sent to Council officers on multiple occasions.

 

108.  The issues of concern are summarised and discussed as follows.

 

109.  Issue: The proposed development would have an impact on the lifestyle, ambience, amenity, landscape setting, etc, of neighbouring properties, as well as property values.

 

110.  Comment: Consideration of these broad matters are captured in the assessment of specific potential impacts outlined within the report. In relation to specific visual amenity issues, the following was noted within the previous report prepared for the Panel’s consideration:

 

“The significant setbacks in conjunction with the reduced RL of the building are considered to appropriately reduce the view impacts to the rear adjoining neighbours, noting the views will largely remain of the open green space and established vegetation.  It should also be noted that while the adjoining residences have an outlook onto the golf course, they do not enjoy what Land and Environment Court Planning Principles would consider to be significant views (ie water views, foreshore areas, water/land interface, views of iconic structures etc.).  As such, view-sharing principles (and any associated planning controls) would therefore not be applicable to this planning assessment.

 

It is not considered that there would be any significant impact to privacy of the rear adjoining dwellings, noting the single storey nature of the proposal, lack of habitable spaces from the eastern façade, and existing vegetation and boundary fences which would largely screen views to the residential properties”.

 

111.  The points remain applicable in relation to visual amenity impacts. Overall, it is considered that the proposal as amended would result in an improved outcome in terms of amenity for neighbouring properties, both compared to the original proposal for a new maintenance shed/amenities building – as well as the existing maintenance building in the same location. In particular, it is noted that the existing open/unsealed vehicle access will be replaced with sealed vehicle accessways and also an improved landscape buffer between the new building and adjoining residential properties.

 

112.  In response to potential impacts on property value, such impacts are not a valid consideration for assessment under Section 4.15 of the Act. Finally, conditions are recommended to require tree retention and replacement.

 

113.  Issue: The size of the development is unnecessarily excessive for its purpose, noting that the proposal is significantly larger than the existing building it is to replace; and the potential intention to host events, noting the balcony, number of toilets, showers, and size of lunch room and offices, and proposed relocation of chemical storage.

 

114.  Comment: It is recognised that the proposed building is significantly larger than the existing building. Although this represents a significant increase, it is noted that the application will be setback approximately 16m from the rear of adjoining residential properties, and will be limited to a single storey height, with ground levels increasing, towards the adjoining dwellings, further minimising the apparent height of the building. It should also be noted that the closest points between the building and nearest affected dwellings are approximately 34.5m to 41.5m away.

 

115.  The proposal provides separated male and female toilets and showers, as well as an accessible WC. There is one office space provided within the building. The provision of amenities and office space is not considered to be excessive. The proposal does not seek any “events” as part of the proposal, and there is no reason to consider that this is likely, particularly given the alternative facilities already available to the golf club (ie in the Clubhouse on Jubilee Ave).

 

116.  Issue: The amendments to the application do not adequately address issues regarding potential site contamination, including:

 

·     That the possibility of contamination is acknowledged within the submitted Preliminary Site Investigation (PSI).

·     That demolition may create soil contamination issues.

·     Lack of ground testing within Preliminary Site Investigation.

·     Lack of consideration of fertiliser and pesticide contamination.

·     Limited testing underneath mulch and storage tank.

·     Limited further investigation of traces of potential contaminants referred to within acid sulphate soils report.

 

117.  Comment: The Managing Land Contamination Planning Guidelines, issued under Schedule 6 of the EPAA Act, stipulates that the purpose of a PSI is to “identify any past or present potentially contaminating activities, provide a preliminary assessment of any site contamination and, if required, provide a basis for a more detailed investigation”.

 

118.  The PSI aims to identify all potential contaminants that may be located at the site. The list of potential contaminants is intended to be exhaustive, with some potential contaminants listed based on a relatively limited evidence of their presence at the site.

 

119.  The Managing Land Contamination Planning Guidelines also states that a Detailed Investigation is “only necessary when a preliminary investigation indicates that the land is contaminated or that it is, or was formally used for (a contaminating use)”.

 

120.  A PSI does not typically require that empirical testing be undertaken at the site, whereas a Detailed Investigation would be expected to involve testing of soil samples for contamination.

 

121.  Based on the review of the site history (including extensive registered groundwater bores) and a visual site inspection, the PSI concludes that the areas of contamination risk are primarily located in the vicinity of the above ground storage tank and stored waste oil drums, as well as underneath the existing building slab. The report recommends that a further inspection be undertaken upon removal of these items to determine any potential contamination impacts.

 

122.  Conditions of consent are recommended to manage contamination risks during demolition and construction works. This includes conditions relating to asbestos removal, and the requirement for additional testing following the demolition of the building.

 

123.  Issue: The proposal has not properly addressed Deferral Reason No 10 particularly in relation to the location of the sand and soil bins (the Local Planning Panel resolution required these to be located to the western side of the building). A submission notes that the alternate layout options are not desired by the applicant or the residents and so should not be considered.

 

124.  Comment: The applicant has submitted three design options for the amended maintenance/amenities building. The applicant’s preferred design option is for the sand/soil bins to remain on the eastern side of the new maintenance/amenities building, contrary to the resolution of the Local Planning Panel.

 

125.  As discussed previously, it is recommended that approval be granted to Option 2, which requires the sand and soil bins to be stored on the western side of the building, with replacement trees provided at a ratio of 2:1 to replace those removed under this option.

 

126.  This is considered to be the most desirable of the three options presented by the applicant, because it results in the sand/soil bin storage areas being relocated furthest away from residential properties, with a wide landscaped buffer between the building and the boundary with residential properties, and – subject to conditions – an increase in trees on the site.

 

127.  Issue: Concerns with the use of chemicals and fuels within close proximity to residential properties, and associated health and safety impacts (e.g. chemical leakage, fire). It has been suggested that Council does not judge the fumes to be dangerous when located further than 70m from residential properties. Concerns also raised in relation to delivery trucks. Queries made in relation to Government body responsible for regulating contamination risks.

 

128.  Comment: Additional information submitted with the application indicates that only fuel (petrol and diesel) fuel will be stored in self bunded tanks within the purpose built fuel storage area, no other chemicals or hazardous materials are proposed to be stored in the Maintenance and Staff Amenities Building. All chemicals and hazardous materials are now being stored in a separate secure location in the centre of the golf course.

 

129.  Issue: Air quality impacts, particularly in relation to airborne sand and soil for demolition and ongoing use. References made to existing air quality impacts.

 

130.  Comment: These issues of concern appear to be mostly related to the location of the sand/soil storage bins. As discussed throughout this report, there have been three options presented to Council for amendments to the design of the maintenance/amenities building. The option preferred for approval (ie option 2) has the sand/soil storage bins located the furthest away from the adjoining residential properties. Also, appropriate conditions of consent are recommended to ensure that any potential impacts are minimised.

 

131.  Issue: Additional waste generation and associated impacts including odour and vermin. References made to existing waste impacts.

 

132.  Comment: A Waste Management Plan was provided with the original application, which details how the waste will be managed. Conditions requiring ongoing management of the waste area are anticipated to manage impacts associated with waste storage.

 

133.  Issue: Acoustic impacts of the development, including in relation to the use of mowers, the wash bay and vehicular and employee movements associated with a 3:30am start time.

 

134.  Comment: The submitted acoustic report indicates that the proposal will satisfy relevant noise criteria contained within the NSW Noise Policy for Industry. The report provides a thorough consideration of noise emanating from machinery and employees at the times proposed for the use of the building. This report was reviewed by Council’s Environmental Health Officer and the conclusions are supported.

 

135.  In addition, the orientation of the development has improved with noise sources oriented generally towards the west. Additional conditions are recommended to further improve this arrangement, through the reduction in the size of openings to the east and the relocation of the sand and soil bins to the western side of the building.

 

136.  Issue: Concerns in relation to the accuracy and independence of the Environmental Noise Impact Assessment report, including:

 

·     Sensitive receivers labelled, despite no agreement from property owners.

·     Questions in relation to the accuracy of the sleep disturbance criteria.

·     Noise levels in 4.1.2 and 4.1.3 at nearest residents seems wrong with the Sound Power Levels SPLs of 80 at 12.5m away being 27dBA and 30dBA respectively.

·     Residents not invited to witness noise impact tests.

·     Absence of independent verification.

·     Noise logger placed only at one property along Burgess Street - which is not the closest property - with assumptions made for other properties.

·     Concerns regarding figures obtained from the “EPA’s Noise Policy for Industry”.

·     Reliance on predictions both generally, and in relation to potentially false assumptions.

·     Sand and soil bins not properly accounted for within noise predictions.

·     Potential for time limitations on use of balcony.

 

137.  Comment: As mentioned previously in this report, an Environmental Noise Impact Assessment has been prepared by Day Design Pty Ltd and submitted with the amended plan/additional information submission. The Acoustic Report concludes that “measurements and calculations show that the level of noise emitted by the Amenities Building will meet the acceptable noise level requirements of Council and The NSW Environment Protection Authority’s Noise Policy for Industry, as detailed in Section 3.0 of this report and will therefore be acceptable”.

 

138.  The submitted acoustic report indicates that the proposal will satisfy relevant noise criteria contained within the NSW Noise Policy for Industry. The submitted Acoustic Report was reviewed by Council’s Environmental Health Officer and the conclusions are supported.

 

139.  In regard to the specific issues of concern raised by the neighbours, it is noted that the procedures described within the submitted acoustic report represent standard practice, including the reference to the EPA’s Noise Policy for Industry, the nominated sleep disturbance criteria, and reliance on predictions to determine likely noise levels. Provided the acoustic report provides a thorough summary of the report methodology, neither the witnessing of noise testing, nor independent verification, are necessary for the acoustic engineer to establish their findings.

 

140.  Further, it is noted that the covered entry area is not elevated and is not an unreasonable component for this development. The noise impact from this area is similar from surrounding outdoor spaces, and shall be subject to the same restrictions that are to be placed on other outdoor areas.

 

141.  Conditions are recommended to relocate the sand and soil storage areas well away from residential properties.

 

142.  Issue: Reliance on an “Early Morning Starting Policy” to manage noise impacts

 

143.  Comment: The existing and future operations of the maintenance shed requires that operations commence early in the morning. This is not an unusual requirement for golf courses. The Early Morning Starting Policy is intended to reduce existing and future impacts associated with the early commencement.

 

144.  Issue: Lack of acid sulphate soil mitigation with the report noting that soils would be unlikely to be disturbed.

 

145.  Comment: The Preliminary ASSMP identified that the likelihood of encountering acid sulfate soils is low. In the unlikely event that the acid sulfate soils are uncovered, the report recommends that a qualified environmental consultant be engaged to provide further recommendations. Conditions have been recommended to reflect this recommendation.

 

146.  Issue: The (sandstone) rocks stored onsite are a danger to the community.

 

147.  Comment: The sandstone rocks stored on site are proposed to be subject to removal as part of the proposed works.

 

REFERRALS

Council Referrals

148.  The amended plans and additional information has been referred to the following officers within Council.

 

Environmental Health Officer

149.  The proposal aims to replace an old brick maintenance and staff building with a new complex providing larger maintenance and storage area for machinery, improved amenities for staff, a wash down bay and trade waste removal system for course equipment, storage unit for fertilisers, self bunded fuel tank, a course cart storage, and storm water retention tanks.

 

150.  The Environmental Health Section (EHS) has assessed the proposed subject development in accordance with the Protection of the Environment Operations Act.

 

151.  The assessment included a review of the “Statement of Environmental Effects Addendum” prepared by Andrew Robinson Planning Services Pty Ltd dated October 2019 as well as a review of the Environmental Noise Impact Assessment by Day Design Pty Ltd, report No. 6816-1.1R Rev B, dated 16 October 2019 was also undertaken.

 

152.  Trace Environmental’s “Preliminary Acid Sulphate Soils Assessment”, dated 16 October 2019, was also reviewed along with their “Preliminary Site Investigation” also dated 16 October 2019.

 

153.  In conclusion, the EHS is in favour of this development proceeding, provided it is subject to the following conditions.

 

154.  Assessment Officer’s Comment: Appropriate conditions of consent are included in the draft conditions below.

 

Traffic Engineer

155.  Further to concerns regarding potential manoeuvring issues relating to the various vehicles utilising the new maintenance/amenities building, Council’s Senior Traffic Engineer was requested to provide comment on the car parking plan. This car parking plan included details on vehicle swept paths suitable for assessment.

 

156.  Council’s Senior Traffic Engineer has given consideration to the various options presented by the applicant, and has advised that the car parking (as proposed on the northern side of the site) complies with the applicable Australian Standard (AS2899.1) in all options presented.

 

Development Engineer

157.  Council’s Development Engineer raised no objection to the proposal, subject to the imposition of appropriate conditions. It was also suggested that the following advisory note be added to any development consent issued for this development:

 

158.  The property is identified as flood liable in the Beverley Park Overland Flow Risk Management Study and Plan 2007 and as such Flood Related Development Controls apply. The Flood Planning Level (FPL) is identified at 2.3m (AHD) and this includes a freeboard of 500 mm. The 1 in 100 flood year level is identified at 1.8m (AHD). The floor levels of the development are above the FPL and the development is not within the defined 1 in 100 year flood extents.

 

Consultant Arborist

159.  Council’s Consultant Arborist has reviewed the options presented with this DA, and provided the following comments:

 

160.  I have been to the Golf Course previously to view this proposal. I have the most current proposal with three (3) options available.

 

161.  I tend to favour option 2  for several reasons:

·     The landscape space allocated between the building itself and neighbours back fence provides good opportunity for future tree planting to protect neighbours sight lines and protection of existing trees along the side fence backing to the neighbours.

·     The waste bin storage area is not encroaching upon the existing trees lining the back fence of the neighbours.

·     Within option 2, it shows several trees to be removed to make way for the two (2) waste bins. The trees shown as removed; I believe are several populous Spp trees in poor - fair condition. It would be a good opportunity under Councils 2:1 Policy to get more trees planted in this western area for greenery, privacy from golfers and protection from golf balls?

·     In addition the eastern landscape space allows more opportunity for trees to be planted.

 

162.  A proper landscape plan needs to be provided by a Landscape Architect or AQF 5 Landscape Designer, once the lay out has been decided upon.

 

163.  Assessment Officer’s Comment: The comments from Council’s Consultant Arborist are supported in relation to Option 2 of the amended plans.

 

164.  Although an amended landscape plan was submitted with the amended plan/additional information submission, the amended landscape plan reflected Option 1. In this regard, an amended plan reflecting Option 2 (being the Option recommended for approval in this report) is recommended as a condition of consent.

 

External Referrals

165.  There were no external referrals required for this application.

 

CONCLUSION

166.  The proposal has been assessed using the Heads of Consideration listed in Section 4.15 of the Environmental Planning and Assessment Act 1979 and is considered acceptable for approval subject to conditions. The reasons for deferral by the Local Planning Panel at its meeting on 18 July 2019 have been resolved by the amended plans and additional information.

 

DETERMINATION AND STATEMENT OF REASONS

 

Statement of Reasons

167.  The additional information and amended plans submitted by the applicant have substantially addressed the reasons why the development application was deferred from the Local Planning Panel at its meeting on 18 July 2019.

 

168.  The proposal represents orderly and economic development of the land and is thus consistent with the objectives of the Environmental Planning & Assessment Act 1979.

 

169.  The issues of concern raised in the neighbour’s submissions do not warrant refusal of the development application, and can be ameliorated by conditions of consent.

 

170.  The application has been assessed having regard to the matters for consideration under Section 4.15 of the Act, the provisions of the relevant State Environmental Planning Policies, Local Environmental Plans and Development Control Plans and having regard to that assessment; the proposal is satisfactory for approval subject to conditions.

 

Determination

171.  That pursuant to Section 4.16(1) of the Environmental Planning & Assessment Act 1979 (as amended), the Georges River Local Planning Panel approve Development Application DA2017/0472 for demolition work and the construction of a new maintenance and staff amenities building, on-grade car parking, bin store area, tree removal and landscaping works at 87A Jubilee Avenue, Beverley Park (known as the Beverley Park Golf Club), subject to the following conditions:

 

GENERAL CONDITIONS

 

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

Cover Page, Drawing Schedule & Location Map

2485/DA01

15 October 2019

A

Dickson Designs

W.H.S Notes

2485/DA02

15 October 2019

A

Dickson Designs

Specifications & Construction Notes

2485/DA03

15 October 2019

A

Dickson Designs

Site Evaluation

2485/DA04

15 October 2019

A

Dickson Designs

Site Layout Plan (Bin Option 2)

2485/DA05

15 October 2019

A

Dickson Designs

Ground Floor Plan

2485/DA06

15 October 2019

A

Dickson Designs

Roof Plan & Notes

2485/DA07

15 October 2019

A

Dickson Designs

Elevations & Sections

2485/DA08

15 October 2019

A

Dickson Designs

Window & Door Schedules

2485/DA09

15 October 2019

A

Dickson Designs

Fuel Storage & Delivery Area

2485/DA10

15 October 2019

A

Dickson Designs

Wash Down Area Details

2485/DA11

15 October 2019

A

Dickson Designs

Soil & Waste Management Plan

2485/DA12

15 October 2019

A

Dickson Designs

Landscape Plan

2485/DA13

15 October 2019

A

Dickson Designs

3D Representation

2485/DA15

15 October 2019

A

Dickson Designs

VGS Oily Water Separator Installation with 750L Fibreglass Pit and UG Sewer

ISS-VGS-014

23 August 2006

A

Industrial Separation Systems

750L Fibreglass Collection Well

ISS-ACC-006

7 February 2007

B

Industrial Separation Systems

 

Reports and Documents

Description

Reference No.

Date

Prepared by

Waste Management Report

---

29 January 2019

WasteSpec Pty Ltd

VGS Oily Water Separator Installation & Operation Manual

-

April 2013

ISS

Environmental Noise Impact Assessment

6816-1.1R Rev B

16 October 2019

Day Design Pty Ltd

Operational Plan of Management

-

October 2019

Beverley Park Golf Club

Preliminary Acid Sulfate Soils Assessment

99.57

16 October 2019

Trace Environmental

Preliminary Site Investigation

99.57

16 October 2019

Trace Environmental

 

The plan listed in this condition requires the soil and sand bins to be relocated to the west of the maintenance shed / workshop / staff amenities building. All plans listed in Condition 1 must be amended as part of approval of the Construction Certificate as required to achieve consistency with the plan listed in this condition. No approval is granted to sand and soil bins other than in the location shown on the plan listed above (ie to the west of the maintenance shed / workshop / staff amenities building).

 

2.      Required Design Changes – In addition to the changes required by Condition 1, the following changes are required to be made and shown on the Construction Certificate plans:

 

(a)     The two eastern roller doors are to be replaced with smaller doors with dimensions that match that of the door labelled on the eastern elevation as the ‘hinged egress door’.

 

3.      A sign is to be erected at the entry to the car park which contains the following information:

 

·        A notice that access to this part of the site is for authorised personnel only;

·        The hours during which the car park is accessible;

·        The address of the main access point to the site by members of the public (i.e. 87A Jubilee Avenue, Beverley Park).

 

4.      This consent does not authorise the erection of any signage. Separate consent shall be sought for the erection of any signage, unless it can be done as ‘exempt development’ under the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

 

5.      A separate application shall be submitted to Council prior to the erection of any signage unless the proposed signage is ‘exempt development’ under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 or any other applicable environmental planning instrument.

 

6.      All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Dicksons Designs, Dwg 2485/ DA13 A and dated 15/10/19, subject to the inclusion of the following design amendments to the satisfaction of Council’s Landscape Architect or Tree Management Officer:

 

(a)     The proposed eastern concrete driveway be a minimum 8.5m away from the boundary fence facing the neighbours. This is to ensure the driveway is no closer than the drip line of the outer canopy of the existing trees.

(b)     An additional thirty (30) trees shall be planted. Four (4) of these trees are to be of a species, Lophostemon confertus at 75 litre pot/ bag size along the eastern fence line to fill the voids of where there are no trees, with one different tree being planted within the front of the proposed building, lawn area, north. The remainder is to be

(c)     The one (1) tree is to be planted within the lawn area, species selection from Georges River Tree Management Policy, Appendix 1 – Tree Planting, and be able, be of minimum 75 litre pot/ bag size and be able to reach a height at maturity of nine (9) metres.

(d)     The remaining twenty five (25) replacement trees are to be planted to the perimeter of the development and be of species that are referenced in the Georges River Tree Management Policy, Appendix 1 – Tree Planting.

(e)     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.

(f)      All trees proposed upon the approved landscape plan shall comply with AS 2303 – 2018, Tree Stock for Landscape use and NATSPEC Specifying Trees: a guide to assessment of tree quality (2003), and be planted and maintained in accordance with Councils standard specification.

(g)     If the planted trees and plants are found to be faulty, damaged, dying or dead within twelve (12) months of planting then they must be replaced with the same species. If the trees are found dead before they reach a height where they are protected by Councils Tree Management Controls, they must be replaced with the same species and pot/bag size.

(h)     A certificate of compliance for the planting of all trees and shrubs proposed for the site. An AQF 5 Horticulturist shall be engaged and in writing certify that all trees have been planted as per landscape plan and specifications and forwarded to the PCA – Principal Certifying Authority.

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

 

7.      Section 138 Roads Act 1993 and Section 68 Local Government Act 1993 - Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

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

 

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

(a)     Placing or storing materials or equipment;

(b)     Placing or storing waste containers or skip bins;

(c)     Erecting a structure or carrying out work

(d)     Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e)     Pumping concrete from a public road;

(f)      Pumping water from the site into the public road;

(g)     Constructing a vehicular crossing or footpath;

(h)     Establishing a “works zone”;

(i)      Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

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

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

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

 

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

 

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

 

8.      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.

 

9.      Building - Hoarding Application – In the event that any hoarding is to be erected, then 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) hoarding, in accordance with the requirements of Work Cover Authority of NSW, must be erected along that portion of the property boundaries adjoining the footway.  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 1993 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.

 

An application for this work (Hoarding Application) under Section 68 of the Local Government Act 1993 and the Roads Act 1993 will be submitted for approval to Council.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

 

10.    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.

 

11.    Appointment of a Principal Certifier - The erection of a building must not commence until the beneficiary of the development consent has appointed a Certifier for the building work.

 

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

 

Please contact Council prior to the payment of Section 7.11 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council.

 

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

 

A summary of the fees to be paid are listed below:

 

Fee Type

Fee

GENERAL FEES

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

Builders Damage Deposit

$1,900.00

Inspection Fee for Refund of Damage Deposit

$155.00

Driveway Design and Inspection Fee (Dwelling)

$TBA

Georges River Council Section 94A Development Contributions Plan 2017

$9,900.00

 

General Fees

 

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

 

Development Contributions

 

The Section 7.11 contribution is imposed to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

 

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

 

Indexation

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

 

Timing of Payment

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

 

Further Information

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

 

13.    Sydney Water – Tap in – The approved plans must be submitted to a Sydney Water Tap 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 agent has appropriately stamped the plans prior to the issue of the Construction Certificate.

 

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

 

A copy will be forwarded to Council where Council is not the Principal Certifier.

 

15.    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: $1,900.00.

 

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

 

(c)     Submit to Council, before the commencement of work, a dilapidation report of the condition of the 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.

 

16.    Site Management Plan - 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.

 

17.    Construction Traffic Management Plan - A Construction Traffic Management Plan detailing:

 

(a)     construction vehicle routes;

(b)     anticipated number of trucks per day;

(c)     hours of construction;

(d)     Access arrangements; and

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

 

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

 

18.    Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site clearing, extraction, and, or demolition works and the designated Waste Management Facility must be submitted to the Certifier prior to the issue of any Construction Certificate.

 

19.    Pre-Construction Dilapidation Report – A professional engineer specialising in structural or geotechnical engineering shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises that shall be affected by the excavation as determined by the consulting engineer. The report shall be prepared at the expense of the applicant and submitted to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate

 

A copy of the pre-construction dilapidation report is to be provided to the adjoining properties (subject of the dilapidation report), a minimum of 5 working days prior to the commencement of work. Evidence confirming that a copy of the pre-construction dilapidation report was delivered to the adjoining properties must be provided to the PCA.  Should the owners of properties (or their agents) refuse access to carry out inspections, after being given reasonable written notice, this shall be reported to Council to obtain Council’s agreement to complete the report without access. Reasonable notice is a request for access in no sooner than 14 days between 8.00am-6.00pm

 

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

 

The report must include the following:

 

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

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

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

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

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

 

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

 

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

 

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

 

21.    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.

 

22.    Trade Waste Agreements - A Trade Waste Agreement with Sydney Water may be required. Details of any work required to comply with the agreement must be detailed on the plans lodged with the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water to this effect must be submitted with the application for the Construction Certificate.

 

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

 

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

 

24.    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

Lophostemon confertus x 7

Along the eastern boundary fence line

5.0 metres radially out to drip line

Tree protection fencing shall be one continuous fencing zone out to the drip line of all trees

 

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

-        The client shall engage a qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current financial member of Arboriculture Australia – AA and or Institute of Australian Consulting Arboriculturists – IACA

-        A certificate of compliance for tree protection measures shall be completed and forwarded to the PCA – Principal Certifying Authority, before works, during works and once all building works have been completed, that tree protection measures have been installed and maintained during the building process.

 

General Tree Protection Measures

(a)     All trees on Council property, subject site and adjacent sites, 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 who holds an AQF Level 5 or above in Arboriculture and who is a current financial member of Arboriculture  Australia – AA and or Institute of Australian Consulting Arboriculturists – IACA.

(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 2.4 x 1.8 metres high, fully supported chainmesh fence shall be used. 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

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

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

(j)      Tree Protection Zone around the trees to be retained are not to have soil level changes, 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.

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

 

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

 

25.    Tree Replacement - Replacement trees are to be planted prior to the issue of either an Occupation Certificate or Subdivision Certificate (whichever is first) at a ratio of 2:1. All replacement trees must be replanted a minimum of 3m away from any driveway, building or structure.

 

Replacement Tree Species

Number of trees

Location

Pot Size

Lophostemon confertus

4

Along the eastern fence line to fill the voids where there are no trees.

75 litre pot/ bag size

Species selection from Georges River Tree Management Policy, Appendix 1 - species for Landscaping, Indigenous trees, all wards

1

Within the front of the proposed building

Minimum 75 litre pot/ bag size and be able to reach a height at maturity of 9m

Georges River Tree Management Policy, Appendix 1 – Tree Planting

25

To the perimeter of the development site

75 litre pot/ bag size.

 

A copy of the Kogarah City Council, Street Tree Management Strategy and Masterplan together with the Georges River Tree Management Policy, Appendix 1 – Tree Planting, can be downloaded from Council’s website www.georgesriver.nsw.gov.au.

 

26.    Energy Efficiency Report - 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.

 

27.    Electric Vehicle Charging - The car parking area is to be constructed so as to accommodate electric vehicle charging at a later time. A power source, as well as space for one future potential charging station, must be provided within the car park. This shall not impact on tree planting or tree protection measures that are required by this development consent.

 

28.    Water Efficiency – Details are to be provided to indicate that the following fixtures and fittings will meet the below specified star ratings in accordance with the Water Efficiency Labelling and Standards (WELS) given by AS/NZS 6400:2016:

 

(a)     Wash down bay - 3 star WELS

(b)     Showers - 4 star WELS

(c)     Toilets - 4 star WELS

(d)     Urinals - 6 star WELS

(e)     General taps - 5 star WELS

 

29.    Roof materials – Roof material selection is to avoid the use of dark coloured or highly reflective external roofing materials.

 

30.    Acoustic Report - The Construction Certificate plans must incorporate the recommendations contained within section 5.2 of the Acoustic Report submitted in support of the proposal titled Environmental Noise Impact Assessment prepared by Day Design Pty Limited, dated 16 October 2019 (Report No: 6816-1.1R Rev B) was based.  Should the plans vary significantly from this original design then a further Acoustic Assessment must be submitted to Council, and acoustic treatment completed, if necessary, prior to an Occupation Certificate being granted.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

 

31.    Demolition & Asbestos - The demolition work will 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 will 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 will be submitted to the Certifier prior to the commencement of works.

 

32.    Removal of asbestos – For demolition work which involves the removal of asbestos, the asbestos removal work will 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 and the Demolition Code of Practice (NSW Wok Cover July 2015).

 

33.    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 the Principal Certifying Authority (PCA) and Council for their records.

 

34.    Registered Surveyor's Report - During Development Work - A report will be submitted to the Certifier at each of the following applicable stages of construction:

 

(a)     Set out before commencing excavation.

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

 

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

 

35.    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.

 

36.    Demolition Notification Requirements - The following notification requirements apply to this consent:

 

(a)     The developer/builder will 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.

 

37.    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.

 

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

 

39.    Notification of Critical Stage Inspections - No later than two (2) days before the building work commences, the Principal Certifier 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.

 

DURING WORK

 

40.    Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifier.  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.

 

41.    Site sign - A sign must be erected in a prominent position onsite only showing:

 

(a)     the name, address and telephone number of the Principal Certifying Authority for the work, and 

(b)     the name of the principal contractor or the person responsible for the works and a telephone number on which that person may be contacted outside working hours, and 

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

 

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

 

42.    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, will 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 will remain in a prominent location on site up until the completion of all site and building works.

 

43.    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.

 

44.    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.

 

45.    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 must 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.

 

46.    Hazardous or Intractable Waste – Removal and DisposalHazardous or intractable waste arising from the demolition or construction process must be removed and disposed of in accordance with the requirements of SafeWork NSW and the NSW Environment Protection Authority and all applicable legislation.

 

47.    Damage within Road Reserve & Council Assets - The owner will bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site. This may include works by Public Utility Authorities in the course of providing services to the site.

 

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

 

49.    Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation will be disposed of at a suitable Waste Management Facility. No vegetation, article, building material, waste or the like will be ignited or burnt.

 

Copies of all receipts for the disposal, or processing of all such materials will be submitted to the Principal Certifier and Council, where Council is not the Principal Certifier.

 

50.    Site Safety Fencing - Site fencing will be erected in accordance with SafeWork Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing will be erected before the commencement of any work and maintained throughout any demolition and construction work.

A demolition licence and/or a high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).

 

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

 

There are Council stormwater assets to the south and west of the site of the development. The applicant is required to locate and protect these assets at all times during the works. Any damage to Council’s Stormwater assets is to be immediately reported to Council’s stormwater section.

 

52.    Archaeological Discovery During Excavation

(a)     Should any relics be unexpectedly discovered on the site during excavation, all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW should be informed in accordance with section 146 of the Heritage Act 1977.

(b)     Should any Aboriginal objects be unexpectedly discovered then all excavation or disturbance of the area is to stop immediately and NSW Government Office of Environment and Heritage is to be informed in accordance with Section 89A of the National Parks and Wildlife Act 1974.

(c)     Should any archaeological remains or Aboriginal objects be discovered, a copy of recording of the finds and the final archaeological summary report is to be submitted to Council prior to the Occupational Certificate;

(d)     If the discovery is on Council’s land, Council must be informed.

 

53.    Further Detailed Site Investigation – Following demolition of the existing structures, an amended detailed site investigation (DSI) report shall be carried out by a certified contaminated land consultant and be submitted to Council for review.

 

Should the amended DSI report find that the contamination makes the land currently unsuitable for the proposed development and remediation is required, a Remedial Action Plan (RAP) must be prepared by a certified contaminated land consultant and submitted to Council as per required under State Environmental Planning Policy No. 55 – Remediation of Land.

 

Works on site must not recommence until such time Council has reviewed the amended DSI and RAP (if required) and has accepted the recommendations of these reports in writing to the applicant.

 

Notice of remediation work – written notice must be submitted to Council 30 days prior to the commencement of remediation works, in accordance with clause 16 of the State Environmental Planning Policy No. 55 – Remediation of land.

 

A validation report prepared by the certified contaminated land consultant verifying that the land is suitable to be used for this development consent must be submitted to Council prior to an Occupation Certificate being issued.

 

Should the recommendation in the amended DSI report require monitoring of the site, then an Environmental Monitoring Program (EMP) must be submitted to Council prior to an Occupation Certificate being issued. 

 

Council may require a site audit of the DSI, RAP, EMP and or Validation report.  A site audit statement and a site audit summary report from an accredited site auditor under the Contaminated Land Management Act 1997, verifying the information contained in the reports must be submitted to Council.

 

54.    New Contamination Information - Any new information that comes to light during demolition, excavation or construction which has the potential to alter previous conclusions about site contamination and remediation, requires the applicant to notify Council immediately (within 24 hours of discovery) along with the accredited certifier and all works on site must cease.

 

55.    Acid sulfate soils - During site excavation works, inspections should be conducted by site personnel for unexpected acid sulfate soils (ASS) occurrence. Signs of unexpected potential ASS conditions include:

 

(a)     Unusual odours, including strong organic or sulfurous smells (i.e., rotten eggs);

(b)     Soil jarosite (yellow) mottling, darker coloured waterlogged soils, estuarine silty sands or dark colored bottom sediments;

(c)     Rust coloured deposits indicating iron precipitates;

(d)     Blue-green, blue-white or clarified surface water, which can indicate high concentrations of aluminium; and

(e)     Areas of unexplained corrosion or degradation of steel equipment or concrete paved surfaces.

 

In the event that unexpected potential ASS conditions are identified, a qualified environmental consultant should be contacted to inspect the site conditions and provide recommendations for appropriate actions.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

 

56.    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.  Only the Principal Certifier appointed for the building work can issue the Occupation Certificate.

 

57.    Completion of Major Works - Prior to the issue of the Occupation Certificate, if/where applicable, the following works will 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)     Relocation of existing power/light pole if/where required;

(c)     Relocation/provision of street signs if/where required;

(d)     New or replacement street trees if/where required;

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

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

 

Council’s Engineering Services Section will advise in writing that the works have been completed to their satisfaction prior to the issue of the Occupation Certificate.

 

[Note: The damage deposit paid to Council will not be released until any applicable works have been completed to Council’s satisfaction].

 

58.    Dilapidation Report on Public Land - Upon completion of works, a follow up dilapidation report will be prepared for the items of Council infrastructure adjoining the development site.  The dilapidation report will be prepared by a professional engineer specialising in structural engineering, and include: 

 

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

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

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

(d)     The full name and signature of the professional engineer.

 

The report will be provided to the Principal Certifier and a copy provided to the Council. The reports are to be supplied in electronic format in Word or PDF. Photographs are to be in colour, digital and date stamped.

 

Council will use this report to determine whether or not to refund the damage deposit.

 

Council’s Engineering Services Division will advise in writing that the works have been completed to their satisfaction prior to the issue of an Occupation Certificate.

 

59.    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.

 

Payment of the required Long Service Levy payment must be made and proof of payment provided to the Principal Certifier prior to the issue of an Occupation Certificate.

 

60.    Completion of Landscape Works – All landscape works must be completed before the issue an Occupation Certificate in accordance with approved landscape plans and specifications, drawn by Dicksons Designs, Dwg 2485/ DA13 A and dated 15/10/19 and as amended by conditions of consent. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following –

 

(a)     The proposed eastern concrete driveway be a minimum 8.5 metres away from the boundary fence facing the neighbours. This is to ensure the driveway is no closer than the drip line of the outer canopy of the existing trees.

(b)     An additional five (5) trees shall be planted. Four trees of species, Lophostemon confertus at 75 litre pot/ bag size along the eastern fence line to fill the voids of where there are no trees, with one different  tree being planted within the front of the proposed building, lawn area, north.

(c)     The one tree planted within the lawn area, species selection from Georges River Tree Management Policy, Appendix 1 – Tree Planting, all wards and be able, be of minimum 75 litre pot/ bag size and be able to reach a height at maturity of nine (9) metres.

(d)     The remaining twenty five (25) replacement trees are to be planted to the perimeter of the development and be of species that are referenced in the Georges River Tree Management Policy, Appendix 1 – Tree Planting.

(e)     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.

(f)      All trees proposed upon the approved landscape plan shall comply with AS 2303 – 2018, Tree Stock for Landscape use and NATSPEC Specifying Trees: a guide to assessment of tree quality (2003), and be planted and maintained in accordance with Councils standard specification.

(g)     If the planted trees and plants are found to be faulty, damaged, dying or dead within twelve (12) months of planting then they must be replaced with the same species. If the trees are found dead before they reach a height where they are protected by Councils Tree Management Controls, they must be replaced with the same species and pot/bag size.

(h)     A certificate of compliance for the planting of all trees and shrubs proposed for the site. An AQF 5 Horticulturist shall be engaged and in writing certify that all trees have been planted as per landscape plan and specifications and forwarded to the PCA – Principal Certifying Authority.

 

61.    Completion of Major Works – Prior to the issue of an Occupation Certificate, the following works (if/where required) must be completed at the applicant’s expense to the satisfaction of Council’s Engineering Services section:

 

(a)     New footpaths within the road related area;

(b)     Relocation of any existing above ground utility services

(c)     Relocation/provision of street signs

(d)     New or replacement street trees;

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

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

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

 

Council’s Engineering Services Section must advise in writing that any applicable works have been completed to their satisfaction prior to the issue of the Occupation Certificate.

 

Note: The damage deposit paid to Council will not be released until the works have been completed to Council’s satisfaction

 

62.    Energy Efficient Lighting – Energy efficient LED lighting must be used throughout the development.

 

63.    Energy Efficiency Report - 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 required by this development consent must be submitted to the PCA.

 

64.    Acoustic Certification - Prior to the issue of any Occupation Certificate, a report prepared by a suitably qualified acoustic consultant must be submitted to the PCA certifying that the construction has incorporated the recommendations in the DA Acoustic Report titled Environmental Noise Impact Assessment, prepared by Day Design Pty Limited, dated 16 October 2019 (Report No: 6816-1.1R Rev B).

 

65.    Validation Report - A validation report prepared by the certified contaminated land consultant verifying that the land is suitable to be used for this development consent must be submitted to Council prior to an Occupation Certificate being issued.

 

Should the recommendation in the amended DSI report require monitoring of the site, then an Environmental Monitoring Program (EMP) must be submitted to Council prior to an Occupation Certificate being issued. 

 

ONGOING CONDITIONS

 

66.    Maintenance of Landscaping - All trees and plants forming part of the landscaping will be maintained.  Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilising, pest and disease control, replacement of dead or dying plants and any other operations required to maintain healthy trees, plants and turfed areas.

 

The maintenance of the landscaping shall be undertaken in perpetuity.  Should any plants or trees die, then they shall be replaced with the same species (i.e. like for like).

 

67.    Graffiti removal - Any graffiti on the building is to be removed within forty-eight (48) hours.

 

68.    Equipment maintenance - All mechanical plant associated with the maintenance of the golf course must be kept in good repair and serviced in accordance with manufacturers’ specifications.  Records of the ongoing maintenance of machinery used on the golf course must be kept onsite and made available to Council’s Environmental Health Officer on request.

 

69.    Sand and soil holding bays - Provide a hose connected to the Sydney water supply within close proximity to the sand and soil holding bays to allow wetting down of the sand if disturbing it during unfavourable conditions.

 

70.    Sand and soil cover - The sand and soil storage bins are to be covered with a suitable soft cover at all times other than when in use, in order to minimise the potential for dispersion of the material through wind and water erosion.

 

71.    Bunding, Liquids (chemical, paint solvent) - All liquids onsite are to be stored within a bunded area. The size of the area is to be bunded and shall be calculated as follows (as a minimum):

 

(a)     in the case of tanks, 110% of the volume of the largest sized tank.

(b)     in the case of small containers and drums, 25% of the total volume of liquid to be stored, with a minimum of 400L capacity.

 

The bund is to be roofed and constructed of a material, which is impervious to the liquid being stored.  After completion, the bund shall be maintained in such a condition, that all spillages or leaks will be retained within the bund, until disposed of by means that do not pollute waters.

 

72.    Storage of Waste Oil - Waste oil shall be stored in a covered and bunded area prior to offsite recycling/disposal. Copies of receipts for the recycling of oil shall be kept onsite and made available to Council officers on request.

 

73.    Industrial Premises – Spill Clean up - Sufficient supplies of appropriate absorbent materials shall be kept on site to recover any liquid spillage. Liquid spills shall be cleaned up using dry methods, by placing absorbent material on the spill, and sweeping or shovelling the material into a secure bin. Absorbent materials used to clean up spills shall be disposed of to an appropriately licensed waste facility.

 

74.    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).

 

75.    Maintenance of Sound Attenuation - Sound attenuation must be maintained in accordance with the Noise Control Recommendations specified under section 5 of the Acoustic Report titled Environmental Noise Impact Assessment, prepared by Day Design Pty Limited, dated 16 October 2019 (Report No: 6816-1.1R Rev B).

 

76.    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.

 

77.    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.

 

78.    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.

 

79.    No activities on eastern side of building No operational activities are to be undertaken on the eastern side approved building. The doors on the eastern façade are should not be left open while operational activities are being undertaken inside the building.

 

80.    Waste Collection and Storage - The operators shall 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.

 

81.    Hours of operation - The approved hours of operation shall be restricted to the following:

 

(a)     Monday to Friday :               6:00am - 2.30pm

(b)     Wednesday:                         5.00am - 11.00am

(c)     Saturday and Sunday:       3.30am – 8.00am

 

OPERATIONAL REQUIREMENTS UNDER THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979

 

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

 

Should Council be appointed as the Principal Certifying Authority, the Construction Certificate Application must be accompanied by details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA.

 

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

 

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

 

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

 

83.    Appointment of a PCA - The erection of a building must not commence until the applicant has:

 

(a)     appointed a PCA for the building work; and

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

 

If the work is not going to be undertaken by an Owner - Builder, the applicant must:

 

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

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

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

 

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

 

84.    Notification Requirements of Principal Certifier - No later than two days before the building work commences, the Principal Certifier must notify:

 

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

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

 

85.    Notice of Commencement - The applicant must give at least two days notice to the Council and the Principal Certifier of their intention to commence the erection of a building.

 

86.    Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifier.  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.

 

87.    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 Certifier appointed for the building work can issue the Occupation Certificate.

 

PRESCRIBED CONDITIONS

 

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

 

89.    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.

 

90.    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 Certifier and the Principal Contractor.

 

91.    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.

 

92.    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.

 

93.    Clause 98E - Site Excavation - Excavation of the site is to extend only to that area required for building works depicted upon the approved plans.  All excess excavated material shall be removed from the site.

 

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

 

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

 

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

 

END CONDITIONS

 

NOTES/ADVICES

 

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

 

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

 

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

 

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

 

97.    Access to NSW Legislations (Acts, Regulations and Planning Instruments) - NSW legislation can be accessed free of charge at www.legislation.nsw.gov.au

 

98.    Principal Certifier - Should the Council be appointed as the Principal Certifier 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 justifying the non-compliances with a detailed report, suitable evidence and expert judgement. Council will also require if deemed necessary, for the alternative solution to undergo an independent peer review by either the CSIRO or other accredited organisation.  In these circumstances, the applicant must pay all costs for the independent review.

 

99.    Land Contamination - Note: A Certified Contaminated Land Consultant is a Certified Environmental Practitioner (Site Contamination) (CENVP(SC)) or certified Professional Soil Scientist Contaminated Site Assessment and Management (CPSS CSAM)

 

Information relating to certified contaminated land consultant or accredited site auditors can be found in EPA webpage: https://www.epa.nsw.gov.au/your-environment/contaminated-land/

 

100.  Noise - Noise related conditions - Council will generally enforce noise related conditions in accordance with the Noise Guide for Local Government (http://www.environment.nsw.gov.au/noise/nglg.htm) and the Industrial Noise Guidelines (http://www.environment.nsw.gov.au/noise/industrial.htm) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.

 

Useful links relating to Noise:

 

(a)     Community Justice Centres - free mediation service provided by the NSW Government (www.cjc.nsw.gov.au).

(b)     Department of Environment and Conservation NSW, Noise Policy Section web page (www.environment.nsw.gov.au/noise).

(c)     New South Wales Government Legislation home page for access to all NSW legislation, including the Protection of the Environment Operations Act 1997 and the Protection of the Environment Noise Control Regulation 2000 (www.legislation.nsw.gov.au).

(d)     Australian Acoustical Society - professional society of noise-related professionals (www.acoustics.asn.au/index.php).

(e)     Association of Australian Acoustical Consultants - professional society of noise related professionals (www.aaac.org.au).

(f)      Department of Gaming and Racing - (www.dgr.nsw.gov.au).

 

101.  Acoustical Engineer Contacts & Reference Material - Further information including lists of Acoustic Engineers can be obtained from:

 

(a)     Australian Acoustical Society - professional society of noise-related professionals (www.acoustics.asn.au)

(b)     Association of Australian Acoustical Consultants - professional society of noise related professionals (www.aaac.org.au)

(c)     NSW Industrial Noise Policy - Office of Environment & Heritage (www.environment.nsw.gov.au)

 

163.  Sydney Water Section 73 Certificates - The Section 73 Certificate must be a separate certificate that relates specifically to this development consent. For example, if the development consent relates to the subdivision of the land, a Section 73 Certificate for the construction of the building that is subject to a different development consent will not suffice.

 

102.  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.

 

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

 

104.  Council as PCA - Total Conformity with BCA - Accompanying Information - Should the Council be appointed as the Principal Certifier, the Construction Certificate Application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

 

a)    Mechanical ventilation to bathroom, laundry and basement areas not afforded natural ventilation.

b)    Fire-fighting services and equipment including hydrant systems and booster assembly location, sprinkler and valve room systems, hose reels, portable fire extinguishers, smoke hazard management systems, sound and warning systems.

c)    Emergency lighting and exit signs throughout, including communal open space areas, lobby/foyer and basement areas.

d)    Construction of all fire doors including warning and operational signage to required exit and exit door areas.

e)    Egress travel distances to exits and the discharge from fire isolated exits including the swing of exit doors.

f)     The spandrel protection of openings in external walls

g)    The protection of paths of travel from a fire isolated exit when passing within 6m of an opening within the external wall of the building.  

h)   Fire compartmentation and fire wall separation details including all stairway, lift and service shaft areas.

i)     The location and construction of an electricity substation, including the location and smoke separation of electrical distribution boards.

j)     Sound transmission and insulation details.

k)    Window schedule is to include the protection of openable windows.

 

In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the BCA must be submitted to the Principal Certifier with the Construction Certificate Application. Should there be any non-compliance, an alternative method of fire protection and structural capacity must be submitted, with all supporting documents prepared by a suitably qualified person.

 

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

 

105.  Long Service Levy - The Long Service Corporation administers a scheme which provides a portable long service benefit for eligible workers in the building and construction industry in NSW. All benefits and requirements are determined by the Building and Construction Industry Long Service Payments Act 1986. More information about the scheme and the levy amount you are required to pay to satisfy a condition of your consent can be found at http://www.longservice.nsw.gov.au.

 

The required Long Service Levy payment can be direct to the Long Service Corporation via their web site https://online.longservice.nsw.gov.au/bci/levy.  Payments can only be processed on-line for the full levy owing and where the value of work is between $25,000 and $6,000,000. Payments will be accepted for amounts up to $21,000, using either MasterCard or Visa.

 

106.  Security deposit administration & compliance fee - Under Section 97 (5) of the Local Government Act 1993, a security deposit (or part) if repaid to the person who provided it is to be repaid with any interest accrued on the deposit (or part) as a consequence of its investment.

 

Council must cover administration and other costs incurred in the investment of these monies. The current charge is $50.00 plus 2% of the bond amount per annum.

 

The interest rate applied to bonds is set at Council's business banking facility rate as at 1 July each year.  Council will accept a bank guarantee in lieu of a deposit.

 

All interest earned on security deposits will be used to offset the Security Deposit Administration and Compliance fee. Where interest earned on a deposit is not sufficient to meet the fee, it will be accepted in full satisfaction of the fee.

 

107.  Site Safety Fencing - Site fencing must be erected in accordance with SafeWork Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

A demolition licence and/or a high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).

 

108.  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:

 

(i)    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

(ii)   In the Application Form, quote the Development Consent No. (eg. DA2018/0580)

(iii)  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 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.

 

109.  Council as PCA - Compliance with the 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 justifying the non-compliances with a detailed report, suitable evidence and expert judgement. Council will also require if deemed necessary, for the alternative solution to undergo an independent peer review by either the CSIRO or other accredited organisation.  In these circumstances, the applicant must pay all costs for the independent review.

 

 

 

ATTACHMENTS

Attachment 1

SITE LAYOUT PLAN - OPTION No 1 - 10-10-19 - 87a Jubilee Ave Beverley Park

Attachment 2

SITE LAYOUT PLAN - OPTION No 2 - 10-10-19 - 87a Jubilee Ave Beverley Park

Attachment 3

SITE LAYOUT PLAN - OPTION No 3 - 10-10-19 - 87a Jubilee Ave Beverley Park

Attachment 4

ELEVATIONS & SECTIONS - 87a Jubilee Ave Beverley Park

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 February 2020

LPP002-20              87a Jubilee Avenue Beverley Park (Beverley Park Golf Club)

[Appendix 1]          SITE LAYOUT PLAN - OPTION No 1 - 10-10-19 - 87a Jubilee Ave Beverley Park

 

 

Page 68

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 February 2020

LPP002-20              87a Jubilee Avenue Beverley Park (Beverley Park Golf Club)

[Appendix 2]          SITE LAYOUT PLAN - OPTION No 2 - 10-10-19 - 87a Jubilee Ave Beverley Park

 

 

Page 69

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 February 2020

LPP002-20              87a Jubilee Avenue Beverley Park (Beverley Park Golf Club)

[Appendix 3]          SITE LAYOUT PLAN - OPTION No 3 - 10-10-19 - 87a Jubilee Ave Beverley Park

 

 

Page 70

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 February 2020

LPP002-20              87a Jubilee Avenue Beverley Park (Beverley Park Golf Club)

[Appendix 4]          ELEVATIONS & SECTIONS - 87a Jubilee Ave Beverley Park

 

 

Page 71

 


Georges River Council – Local Planning Panel   Thursday, 20 February 2020

Page 146

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 20 February 2020

 

LPP Report No

LPP003-20

Development Application No

DA2019/0232

Site Address & Ward Locality

248 Railway Parade Kogarah

Kogarah Bay Ward

Proposed Development

Demolition of existing structures, remediation of the site, construction of an eight (8) storey mixed use building comprising of one (1) commercial tenancy at ground level, seven (7) levels of boarding rooms totalling forty nine (49), one (1) manager’s room  over four (4) levels of basement parking accessed via a vehicle lift from Blake Street

Owners

Mr Tim Toskas and Mrs Dianne Toskas

Applicant

Moderinn Pty Ltd

Planner/Architect

Planner: Planning Direction, Architect: Moderin

Date Of Lodgement

14/06/2019

Submissions

Sixty (60) submissions one (1) within one hundred and fifty three (153) signatures received in total

Cost of Works

 $8,253,831.00

Local Planning Panel Criteria

More than ten unique (10) submissions

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

Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000,  State Environmental Planning Policy No 55 – Remediation of Land,  State Environmental Planning Policy (Affordable Rental Housing) 2009, State Environmental Planning Policy (Building and Sustainability Index: 2004,

State Environmental Planning Policy (Infrastructure) 2007, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment, Draft State Environmental Planning Policy – Environment,

Draft State Environmental Planning Policy – Remediation of Land, Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013

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

Registered Survey, Statement of Environmental Effects,

Architectural Plans, Landscape Plan,

Stormwater Details and Plans, Traffic Impact Assessment Report,      

Preliminary Investigation Report, Applicant justification and additional information.

Report prepared by

Senior Development Assessment Officer

 

 

Recommendation

That the application be refused 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, as the application is recommended for refusal – the refusal reasons can be viewed when the report is published.

 

Site Plan

Figure 1 Aerial photo showing the site outlined in blue

Executive Summary

Proposal

1.      Council is in receipt of a development application (DA2019/0232) which seeks consent for the demolition of existing structures, remediation of the site, construction of an eight (8) storey mixed use building comprising of one (1) commercial tenancy at ground level, seven (7) levels of boarding rooms totalling forty nine (49) double rooms, one (1) manager’s room  over four (4) levels of basement parking accessed via a vehicle lift from Blake Street on land known as 248 Railway Parade, Kogarah.

                                          

2.      In total, the proposal accommodates a total of twenty-seven (27) car spaces (including four accessible spaces), (10) ten motorcycle and ten (10) bicycle spaces.

 

3.      A preliminary assessment was undertaken and the applicant was advised the application was not supported in its current form by Council Officers. The applicant as a result was provided with an opportunity to withdraw the development application on 21 October 2019.

 

4.      The applicant requested Council proceed with the processing of the development application, and has been made aware the Assessing Officer would be recommending refusal. As a result no further amendments were requested.

 

5.      On 10 January 2020, the applicant provided an amended concept stormwater plan, traffic study, revised architectural plans relating to car parking and justification which has been included in the assessment of this application.

 

Figure 2 Photomontage of the proposed development when viewed from Railway Parade, Kogarah – the development is outlined in red (Source: Moderinn, 2018).

 

Site and locality

6.      The subject site is legally described as Lot 48 in DP2013 and is known as 248 Railway Parade, Kogarah. The site forms a rectangular shaped corner allotment dimensioned and described as follows; 11.35m along the north primary frontage to Railway Parade, 35.2m along the eastern secondary frontage to Blake Street, 11.27m along the southern rear boundary and 38.02m along the western side boundary. The site contains a site area of 411sqm. The site slopes from the front north-western corner RL 29.24 to the rear north-eastern corner RL 29.83 with a level change of 590mm.

 

7.      A sewer main traverses the site toward the rear portion of the site. A single storey masonry building with a pitched roof currently occupies the site. Vehicular access is via Blake Street. The site is currently an automotive repair business trading as “Toskas Automotive”.

 

8.      The site is zoned B4 - Mixed Use under the Kogarah Local Environmental Plan 2012 (KLEP 2012). Commercial and boarding houses are permissible land uses within the zone.

 

Figure 3 Aerial photo showing the site (248 Railway Parade, Kogarah) outlined in red (Source: GRC Intramaps, 2020).

 

9.      The surrounding area comprises generally of mixed use developments. A shop top housing development at 250 - 258 Railway Parade, Kogarah known as “Veridian” adjoins the site directly to the west and south. This building contains the Kogarah RSL with a podium level and two (2) residential towers above, communal open space on the podium level and roof top communal open space. This is referred to in the report as the “Kogarah RSL site’. A four (4) storey shop top housing development is located on the opposite side of Blake Street to the east. In a greater context, 2 – 3 storey residential flat buildings are located also to the east along Blake Street. Wesley Hospital is located to the south and an electrical substation to the west on the corner of Railway Parade and English Street.

 

10.    The Illawarra Railway line is located to the north of the site. Carlton Railway Station is approximately 411m to the west; Kogarah Railway Station is located 671sqm to the east. An underpass which connects Railway Parade to Railway Street is opposite, however accessed west of the site.

 

State Environmental Planning Policies (SEPP’s)

11.    The proposal has been considered having regard to the following policies:

·        State Environmental Planning Policy (Affordable Rental Housing) 2009

·        State Environmental Planning Policy No 55 – Remediation of Land.

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

·        State Environmental Planning Policy (Infrastructure) 2007.

·        State Regional Environmental Plan No 2 – Georges River Catchment.

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

·        Draft State Environmental Planning Policy – Remediation of Land.

·        Draft Environment State Environmental Planning Policy.

 

 

Zoning and Kogarah LEP 2012 (KLEP) Compliance

12.    The site is zoned B4 - Mixed Use pursuant to the provisions of the Kogarah Local Environmental Plan 2012.

 

13.    The proposal meets the definition of “commercial premises” which means “(a) business premises, (b) office premises and (c) retail premises” and “shop top housing” which means “one or more dwellings located above ground floor retail premises or business premises”.

 a “boarding house” is defined as “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”.

 

14.      A boarding house is also a permissible use within the zone.

 

15.      The site has a permitted building height limit of 39m in accordance with the provisions of Clause 4.3 of the KLEP 2012. The proposal seeks a maximum height of 27.7m to the top of the lift overrun at (RL57.50).

 

16.      The permitted floor space ratio (FSR) for the site is 4:1 under Clause 4.4 of the KLEP 2012. It is acknowledged the application has been lodged under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 in which the application benefits from additional floor space. The proposal seeks a floor space of 4.78:1 under the additional floor space provisions as referenced under Clause 29(c)(ii) (Standard that cannot be used to refuse consent) under State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

Kogarah Development Control Plan 2013

17.    The provisions of Part B - General Controls and Part - E1 Kogarah Town Centre are the key applicable controls associated with the proposed development. A detailed assessment of the proposal against these controls is addressed within this report.

 

18.    The proposal is considered to be an unacceptable urban design and planning outcome for the site as it has deficiencies relating to car parking and manoeuvring, vehicular and pedestrian safety, amenity and drainage.

 

Submissions

19.    The application was notified and advertised in accordance with the provisions of the Kogarah Development Control Plan. In response, sixty (60) submissions including one (1) submission containing hundred and fifty three (153) signatures were received.

 

Level of Determination

20.    More than ten (10) submissions were received. Therefore the consent authority is the Georges River Local Planning Panel (LPP).

 

Conclusion

21.    Having regards to the Matters for Consideration Section 4.15 and Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposed application, DA2019/0232 for the demolition of existing structures, remediation of the site, construction of an eight (8) storey mixed use building comprising of one (1) commercial tenancy at ground level, seven (7) levels of boarding rooms totalling forty-nine (49) double rooms, one (1) manager’s room over four (4) levels of basement parking accessed via a vehicle lift from Blake Street on land known as 248 Railway Parade, Kogarah is recommended for refusal for the reasons contained within this assessment report which include; streetscape, character, traffic, stormwater, remediation, amenity impacts and insufficient and inconsistent information.

 

Full Report

Site and Locality

22.    The subject site is legally described as Lot 48 in DP2013 and is known as 248 Railway Parade, Kogarah. The site forms a rectangular shaped corner allotment dimensioned and described as follows; 11.34m along the north primary frontage to Railway Parade, 35.2m along the eastern secondary frontage to Blake Street, 11.27m along the southern rear boundary and 38.02m along the western side boundary. The site contains a site area of 411sqm. The site slopes from the front north western corner RL 29.24 to the rear north eastern corner RL 29.83 with a level change of 590mm.

 

23.    A sewer main traverses the site toward the rear portion of the site. A single storey masonry building with a pitched roof currently occupies the site. Vehicular access is via Blake Street. The site is currently an automotive repair business trading as “Toscas Automotive”.

Refer to the survey plan at Figure 4 below which shows the siting and location of the existing structures on the development site.

 

Figure 4 Extract from the Survey Plan of the subject (248 Railway Parade, Kogarah) (Source: Chase Burke and Harvey, 2018).

 

24.    The site is zoned B4 - Mixed Use under the Kogarah Local Environmental Plan 2012. Shop top housing, commercial and boarding houses form permissible uses within the zone.

 

Figure 5 Photograph of primary frontage of subject site (248 Railway Parade, Kogarah) viewed from the intersection of Railway Parade and Blake Street, Kogarah (Source: GRC, 2020). 

 

Figure 6 Photograph of primary frontage of subject site (248 Railway Parade, Kogarah) viewed from Railway Parade, Kogarah (Source: GRC, 2020). 

 

Figure 7 Photograph of subject site (248 Railway Parade, Kogarah) viewed secondary frontage from Blake Street, Kogarah (Source: GRC, 2019).

 

Figure 8 Photograph with an western aspect of subject site (248 Railway Parade, Kogarah)  viewed from level 1 podium level Kogarah RSL site (Source: GRC, 2020).

 

Figure 9 Photograph of Railway Parade, Kogarah opposite the site to the north (source: GRC, 2020).

 

Figure 10 Photograph viewed from the Rooftop of the Viridian, Kogarah of the subject site (248 Railway Parade, Kogarah) (Source: GRC, 2020).

 

Figure 11 Photograph of Blake Street, Kogarah looking north. Subject site located to left (Source: GRC, 2019).

 

Figure 12 Photograph of Kogarah RSL site 5 Blake Street and adjoining Wesley Hospital (Source: GRC, 2020).

 

Figure 13 Photograph of nearby residential flat buildings to the south-east (Source: GRC, 2020).

 

25.    The surrounding area comprises generally of mixed use developments. A shop top housing development at 250-258 Railway Parade, Kogarah known as “Veridian” adjoins the site directly to the west and south. This building contains the Kogarah RSL with a podium level and two (2) residential towers above with communal open space on the podium level and roof top communal open space. This is referred to in the report as the “Kogarah RSL site’. A four (4) storey shop top housing development is located on the opposite side of Blake Street to the east. In a greater context, 2–3 storey residential flat buildings are located also to the east along Blake Street. Wesley Hospital is located to the south and an electrical substation to the west on the corner of Railway Parade and English Street, Kogarah.

 

26.    The Illawarra Railway line is located to the north of the site. Carlton Railway Station is approximately 411m to the west; Kogarah Railway Station is located 671sqm to the east. An underpass which connects Railway Parade to Railway Street is opposite, however accessed west of the site.

 

Proposal

27.    The proposal seeks development consent for the demolition of existing structures, remediation of the site, construction of an eight (8) storey mixed use building comprising one (1) commercial tenancy at ground level, seven (7) levels of boarding rooms totalling forty nine (49) double rooms, one (1) manager’s room over four (4) levels of basement parking accessed via a vehicle lift from Blake Street on land known as 248 Railway Parade, Kogarah.

 

28.    The proposal sought minor internal amendments from the original application. The amended plans did not require re-notification as the extent of the changes were internal and did not result in any change in any external appearance, reduction of setbacks or increase in height. This amendment did not result in a greater impact than the original proposal.

 

29.    In summary, the assessed proposal comprises of the following:

·        Demolition of the existing building,

·        Remediation of the site,

·        One (1) 80sqm ground floor retail tenancy with a unisex accessible sanitary facility;

·        Forty nine (49) double lodger suites all with ensuites, kitchens and balconies levels 1-7;

·        One (1) double lodger manager’s suite (one (1) employee proposed) with ensuite, kitchen and balcony located on level 5;

·        Twenty seven (27) car spaces which includes four (4) accessible car spaces; twenty five (25) car spaces are to service the boarding house and boarding manager and two (2) car parking spaces to service the retail tenancy.

·        One (1) loading bay;

·        Ten (10) motorcycle spaces;

·        Ten (10) bicycle spaces

·        One (1) vehicle lift which provides access to and from ground level to basement levels 1 – 4;

·        Landscaping works;

·        Driveway crossing and engineering works.

 

30.    Further details of the proposal are as follows;

 

Basement level 4

·        Three (3)  car parking spaces, one (1) being an accessible space),

·        Ten (10) bicycle spaces,

·        Turning bay,

·        Storage,

·        Vehicle lift,

·        Lift, lobby and access stairs, and

·        Service areas.

 

Basement level 3:

·        Eight (8) car parking spaces (one (1) being an accessible space),

·        Four (4) motorcycle spaces,

·        Services,

·        Vehicle lift,

·        Lift, lobby and access stairs, and

·        Service areas.

 

Basement level 2:

·        Eight (8) car parking spaces (one (1) being an accessible space),

·        Three (3) motorcycle spaces

·        Services,

·        Vehicle lift,

·        Lift, lobby and access stairs, and

·        Service areas.

 

Basement level 1:

·        Eight (8) car parking spaces (one (1) being an accessible space)

·        Three (3) motorcycle spaces,

·        Services,

·        Vehicle lift,

·        Lift, lobby and access stairs, and

·        Service areas.

 

Ground Floor:

·        One (1) 80sqm commercial retail tenancy with a unisex accessible sanitary facility,

·        Residential main lobby,

·        Lift and lobby,

·        Wrap around entry forecourt along the Railway Parade frontage and half the Blake Street frontage,

·        Landscaping, drainage works and driveway crossing to Blake Street

·        Two (2) temporary car waiting  bays,

·        One(1) car lift and loading dock,

·        Bin room and

·        Two (2) street trees along Blake Street and one (1) street tree along Railway Parade

 

Levels 1 - 4:

·        Nine (9) x 2 boarder lodging rooms all with ensuites, kitchens and balconies (of which one (1) room on each level is nominated as an accessible room),

·        Central lobby,

·        Lift,

·        Access stairs.

 

Level 5:

·        Three (3) x 2 boarder lodging rooms all with ensuites, kitchens and balconies (of which one (1) room on each level is nominated as an accessible room),

·        Common room and communal open space,

·        One (1) manager’s suite with ensuite, kitchen and terrace,

·        Central lobby, lift and access stairs.

·        Green wall along southern rear wall.

 

Levels 6 and 7

·        Five (5) x 2 boarder lodging rooms all with ensuites, kitchens and balconies (of which one (1) room on each level is nominated as  an accessible room),

·        Central lobby,

·        Lift,

·        Access stairs.

 

31.    It is noted that proposed boarding house will not be used for the purposes of “affordable housing” within State Environmental Planning Policy (Affordable Rental Housing) 2009 which is defined as;

 

“6   Affordable housing

Note.

The Act defines affordable housing as follows —

affordable housing means housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.

(1)  In this Policy, a household is taken to be a very low income household, low income household or moderate income household if the household—

(a)  has a gross income that is less than 120 per cent of the median household income for the time being for the Greater Sydney (Greater Capital City Statistical Area) (according to the Australian Bureau of Statistics) and pays no more than 30 per cent of that gross income in rent, or

(b)  is eligible to occupy rental accommodation under the National Rental Affordability Scheme and pays no more rent than that which would be charged if the household were to occupy rental accommodation under that scheme.

(2) In this Policy, residential development is taken to be for the purposes of affordable housing if the development is on land owned by the Land and Housing Corporation”.

 

Background

32.   

Table 1: Background

Date

Event

21 December 2015

97/2015 (2015SYE078) – Development consent granted to adjoining property at 250-258 Railway Parade, Kogarah (Former Kogarah RSL site) for demolition of existing structures and construction of a mixed use development incorporating an RSL club, training facilities, residential flat building and basement parking. This application was approved by the Joint Regional Planning Panel (JRPP).

In noting the determination of this application;

·   Valuation offers were made to consolidate the subject site (248 Railway Parade, Kogarah) into the proposed scheme however were not accepted by 248 Railway Parade, Kogarah.

·   A concept indicative diagram was provided to demonstrate development potential on this adjoining property was provided and considered.

13 April 2018

PRE2018/0009 – A pre development application was held for a hotel comprising of 58 rooms over 11 storeys with one level of basement with turntable, car lift and car stacker for 20 vehicles – not supported by Council.

7 December 2018

PRE2018/0046 – A pre development application was held for an eight (8) Storey boarding house comprising 50 rooms and a basement, lift and shuttle car parking arrangement for 25 car parking spaces – not supported by Council

The design of this proposal adopts similar elements to the current application.

The pre-lodgement application proposal was not supported by Council. It is noted that several issues raised within the pre-lodgement meeting have not been adequately resolved as part of this development application which include;

-    Lack of continuous awning along Blake Street, Façade;

-    No laundry, clothes drying and internal storage areas;

-    Significant overshadowing impacts to communal open space to the Viridian

-    Levels 5-7 should not obstruct the Kogarah RSL building to the north-west. the Blake Street, Façade;

-    No laundry, clothes drying and internal storage areas;

The above matters are addressed in further detail within the assessment report.

14 June 2019

DA2019/0232 Demolition of existing structures, remediation of the site, construction of an eight (8) storey mixed use building comprising of one (1) commercial tenancy at ground level, seven (7) levels of boarding rooms totalling forty nine (49) double rooms and one (1) manager’s room over four (4) levels of basement parking accessed via a vehicle lift from Blake Street.

10 – 26 July 2019

Notification period.

6 August 2018

Site inspection undertaken.

4 – 20 September 2019

Re-notification and advertisement of application.

21 October 2019

Applicant advised that application is not supported and advised to withdraw application. The applicant was also advised that a revised Quantity Surveyors Report would be required which exclude the commercial component of the proposal.

7 November 2019

Revised Quantity Surveyors Report provided.

10 January 2020

Second site inspection undertaken.

11 January 2020

Applicant submitted additional information including; planning justification, revised shadow diagrams, basement parking, drainage plans and traffic report.

The extent of the design changes primarily related to a new basement level 4, reconfiguration of car parking, provision of two (2) on site temporary car waiting bay, relocation of bicycle storage.

5 February 2020

The application was lodged as affordable housing and exceeded the threshold of $5 million dollars resulting in the application being considered Regional Development under State Environmental Planning Policy (State and Regional Development) 2011, with the Sydney South Planning  Panel being the consent authority.

When the application was uploaded to the Sydney South Planning Panel’s portal, the Panel Chair requested further clarification in relation to the application being proposed having regard to the definition of ‘affordable housing’ as referenced by State Environmental Planning Policy (Affordable Rental Housing) 2009.

Clarification was once again sought from the applicant, stating that proposed boarding house has been designed as an affordable housing typology, but will not be used for the purposes of ‘affordable housing’ as defined within State Environmental Planning Policy (Affordable Rental Housing) 2009.

As a result the development is no longer regional development and the Sydney South Planning Panel is therefore not the consent authority.

The application was returned to Council on 6 February 2020 for the matter to be referred to the Georges River Local Planning Panel for determination.

 

Statutory Framework

Environmental Planning and Assessment Act 1979 (EP&A) Act 1979

33.    The proposal has been assessed and considered against the provisions of Section 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act), the objects of the EP&A Act, and the principles of ecologically sustainable development as follows:

 

Objects of the EP&A Act

34.    Consent authority is required to consider the objects in Section 1.3 of the EP&A Act when making decisions under the Act. The proposal has been considered in accordance with the Objects as per below.

 

Table 2: Object of the Act Compliance Table

Objects of the EP&A Act

Proposal

Complies

(a) to promote the social and economic welfare of the community and a better environment by the proper management, development and conservation of the State’s natural and other resources

The proposed development type is not considered to be inconsistent with this clause. However the development form proposed does not satisfy the objectives of this clause as currently proposed.

No

(b) to facilitate ecologically sustainable development by integrating relevant economic, environmental, and social considerations in decision-making about environmental planning and assessment

 

The design considers the principles of ESD. The proposal satisfies BASIX commitments.

Yes

(c)  to promote the orderly and economic use and development of land

The design of the proposal is not considered an orderly and economical use and development built form outcome of the land due to the poor amenity for future residents on site in regards to; car parking, pedestrian and vehicular safety, view loss, outlook and streetscape.

The development in its current form also results in an unacceptable impact on the adjoining development.

No

(d) to promote the delivery and maintenance of affordable housing.

The proposal is not considered to be inconsistent with this clause. 

Yes

(e) to protect the environment, including the conservation of threatened and other species of native animals and plants, ecological communities and their habitats

The proposal does not seek the removal of any trees and is unlikely to result in any known ecological impact.

Yes

(f)   to promote the sustainable management of built and cultural heritage

The site is not a Heritage Item nor is it located within a Heritage Conservation Area.

Yes

(g) to promote good design and amenity of the built environment

The proposal in its current from is considered to result in a poor built form outcome which does not sufficiently respond to the context and constraints of the site.

No

(h) to promote the proper construction and maintenance of buildings, including the protection of the health and safety of their occupants

If the application was to be supported, appropriate construction requirements could be conditioned.

Yes

(i)   to promote the sharing of the responsibility for environmental planning and assessment between the different levels of government in the State

The proposal falls within the delegations for the Local Planning Panel (LPP).

Yes

(j)   to provide increased opportunity for community participation in environmental planning and assessment

The application was notified and to surrounding owners and occupiers, in response a total of sixty (60) submissions with one (1) submission containing one hundred and fifty three (153) signatures were received.

Yes

 

Environmental Planning Instruments

State Planning Policies

35.    The proposal has been considered under the relevant statutory provisions as per below:

·        Environmental Planning and Assessment Act 1979;

·        Environmental Planning and Assessment Regulation 2000;

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

·        State Environmental Planning Policy (Affordable Rental Housing) 2009;

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

·        State Environmental Planning Policy (Infrastructure) 2007;

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

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

·        Draft State Environmental Planning Policy – Remediation of Land;

·        Draft Environment State Environmental Planning Policy;

·        Kogarah Local Environmental Plan 2012;

·        Kogarah Development Control Plan 2013.

 

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

36.    The proposed development has been considered under the relevant matters for consideration for development under the Regulations.

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

37.    The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment.

 

38.    The proposed disposal of stormwater has been assessed by Council’s Development Engineer and is considered to be inconsistent with the Council’s requirements for the disposal of stormwater in the catchment. There is inadequate and insufficient information in relation to details of inlet and outlet pipes, levels, cross sections through the OSD system and the absence of a web calculator for Council to undertake an assessment of potential impacts of the development.

 

State Environmental Planning Policy No. 55 – Contamination of Land (SEPP 55)

39.    SEPP 55 applies to the land and Clause 7 stipulates that a consent authority must not consent to the carrying out of any development on land unless it has considered matters for consideration contained in Clause 7.

 

40.    The application is accompanied by a Preliminary Environmental Site Assessment prepared by Broadcrest Consulting Pty Ltd dated January 2019. The report recommends the following;

 

a)      Existing workshop building to be inspected by licensed builder inspectors for hazardous materials (HAZMAT) prior to any demolition work.

b)      All removal / demolition works must comply with the requirements of SafeWork NSW and those provided within the HAZMAT report.

c)      If hazardous materials are confirmed, SafeWork NSW Licenced Contractors are to be commissioned to safely remove and dispose of them as necessary at a suitably licenced waste disposal facility. A Clearance Certificate must be provided.

d)      The residual surface should be scraped by licenced contractors till there are no remaining foreign materials (bricks, builder’s rubble, etc).

e)      Scraped soil materials should be classified using the NSW EPA Waste Classification System and removed from site by licenced contractors.

f)       Residual soil surface should be assessed by a suitably qualified and experienced Environmental Scientist (or equivalent) for the applicable contaminants of concern by way of a Phase 2 Detailed ESA.  The Phase 2 Detailed ESA should also assess the depth and if deemed necessary, the quality of ground water. 

g)      If additional remediation information is deemed necessary, A Remediation Action Plans will need to be prepared for the site”.

 

41.    Given the above recommendations by the applicant’s submitted consultant report it is considered that to ensure certainty that the site is suitable for such purpose a Phase 2 detailed site investigation which may also trigger the need for a remedial action plan is required prior to consent being granted. No Phase 2 detailed site investigation has been submitted for Council’s consideration; in this regard the proposal has not reasonably satisfied the requirements of the SEPP.

 

State Environmental Planning Policy (Affordable Rental Housing) 2009

42.    The proposal has been considered in accordance with the following applicable provisions as per below.

 

Table 3: SEPP (Affordable Rental Housing) 2009 Compliance Table

Clause

Standard

Proposal

Complies

26   Land to which Division applies

This Division applies to land within any of the following land use zones or within a land use zone that is equivalent to any of those zones

 

(g)  Zone B4 Mixed Use

The site is zoned B4 Mixed Use pursuant to the provisions contained within the Kogarah Local Environmental Plan 2012. 

Yes

27   Development to which Division applies

(1)  This Division applies to development, on land to which this Division applies, for the purposes of boarding houses.

The proposal meets the definition of a “boarding house” under the Standard Instrument.

Yes

28   Development may be carried out with consent

Development to which this Division applies may be carried out with consent.

Development consent sought under Part 4 of the Act.

Yes

29   Standards that cannot be used to refuse consent

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

 

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

(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:

 

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

 

 

 

 

 

 

 

 

 

 

A “boarding house ” is a subcategory of “residential accommodation”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The proposal seeks to utilise the additional 20% floor space bonus as the KLEP 2012 prescribes a maximum floor space of 4.1:1.  Under this clause the maximum floor space permissible is 4.8:1. The proposal seeks a floor space of 4.78:1 which complies.

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

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,

The maximum building height which applies to the site is 39m. The proposal seeks a maximum building height of 27.7m to the top of the lift overrun.

Yes

 

(b)  landscaped area

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

The site is zoned B4 Mixed Use, there is no setbacks at street level to facilitate landscaping. Notwithstanding, the proposal seeks to provide three (3) street trees within the Council reserve. Council’s consulting arborist supports the proposal subject to the planting of a total of four (4) street trees.

Yes

 

(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,

The communal living room receives more than 3 hours solar access between 9am – 3pm given the north-facing orientation and spatial separation provided by Blake Street and Railway Parade to surrounding built forms.

Yes

 

(d)  private open space

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

 

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

 

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

 

 

 

 

 

 

 

67sqm of common open space is provided on level 5 (RL 67.7) adjacent to Railway Parade.

 

Boarding house manager room (room 37) is located on level 5. This contains a dual aspect terrace with an area of 38sqm which wraps around this unit (south and east aspects). This exceeds the criteria for minimum area and dimension.

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

(e)  parking

if:

 

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

= 24.5 car spaces required based on 49 boarding rooms

 

 

(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,

= 1 space required  per employee

 

 

 

A total of twenty four (24) car parking spaces are provided to service the boarding rooms which are located on basement levels 1-4. The proposal is deficient by one (1) car space.

 

The Managers suite (No.37) nominated on level 5 details a double bed, two seats and desks.

 

On this basis one (1) car parking space is required which has been provided as the plan of management makes reference of “an on-site manager” meaning singular.

 

It is noted that two (2) car spaces are provided to service the commercial tenancy.

 

 

 

No

 

 

 

 

 

 

 

 

 

 

Yes

 

(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:

 

(ii)  16sqm in any other case (2 boarders)

All boarding rooms which can accommodate two (2) persons range in size from 17sqm – 25sqm.

Yes

 

 

 

 

 

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

Each boarding room including the manager’s suite includes a private kitchen and bathroom.

Yes

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 25sqm,

 

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

 

 

 

 

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

 

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

 

 

 

 

(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 proposal comprises forty nine (49) boarding rooms and one (1) manager’s suite. One (1) communal living room of 33sqm is provided on level 5.

 

No boarding rooms exceed 25sqm in accordance with this clause which excludes private bathrooms and kitchen facilities.

 

A maximum of 2 boarders per room as indicated on the plans and within the submitted plan of management.

 

Each boarding room is self-contained with kitchen facilities.

 

 

The proposal provides forty nine (49) boarding rooms with 2 lodgers in each room. This totals ninety eight (98) lodgers excluding the

boarding house manager.

 

The site is zoned B4 Mixed Use pursuant to the Kogarah Local Environmental Plan 2012.

 

 

 

 

 

 

The proposal comprises of forty nine (49) boarding rooms. Ten (10) motorcycle spaces have been provided on Basement Levels 1-3.

Ten (10) bicycle spaces are located on basement level 4.

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

30A   Character of local area

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

The proposal seeks a built form which is not considered to be compatible with the character of the local area.

No - refer to detailed discussion below.

 

Clause 30A – Character of local area

43.    The applicant has provided justification in relation to the local character contained within the applicant’s submitted statement of environmental effects and additional information received on 10 January 2020.

 

44.    Clause 30A states that Council cannot grant consent to a boarding house unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

 

45.    Case law has held that the test in Clause 30A is “one of compatibility not sameness” (Gow v Warringah Council [2013] NSWLEC 1093 (15 March 2013)). Compatibility is widely accepted to mean “capable of existing together in harmony” (Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191.

 

46.    It has also been held that in assessing ‘compatibility’ both the existing and future character of the local area needs to be taken into account (Sales Search Pty Ltd v The Hills Shire Council [2013] NSWLEC 1052 (2 April 2013) and Revelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029).

 

Relationship to the Existing and Future Character of the Local Area

47.    In Revelop Projects Pty Ltd v Parramatta City Council [2013] NSW LEC 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.

 

48.    The ‘local area’ in this case is taken to include both sides of Railway Parade and Blake Street and the immediate surrounding streets. Within this local area, development is primarily characterised by the ‘Kogarah RSL site’ which comprises of a podium level with eleven (11) storeys of residential units above. The opposite side of Blake Street comprises of a four (4) storey mixed use development. Three (3) storey residential flat buildings are located further to the east along Blake Street.

 

49.    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 Land and Environment 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.

 

50.    Comment: It is acknowledged this development typology is permissible in this zone, and the transition of this location from lower and medium densities is being increased in the form of larger built forms is evident within the visual catchment.

 

51.    The proposal has been designed in a scale and form with an attempt for this development to integrate with the adjoining built form existing on the RSL site so as to reinforce the corner element along Railway Parade and Blake Street. The location and form being the balconies and a similar ‘bayed’ form horizontally and verticality assists in the integration of the development with the adjoining built form.

 

52.    However given the development form of the RSL site being close to the boundaries, this proposal in its current form is considered to adversely impacts the residential forms of the development on the RSL site above level 4.

 

53.    It is acknowledged this site is permitted with the benefit of similar scale, height and density as the adjoining RSL site. View loss and outlook is unlikely to unaffected to that of the existing condition, however the development in its current form does result in amenity impacts that need resolution in particular along the western and southern elevations.

 

54.    It is noted that prior to determination of (2015SYE078) at 250-258 Railway Parade, Kogarah negotiations had taken place between both parties with respect to acquiring the subject site.

 

55.    An extract of the assessment report stated the following;    

 

“Between July and October 2015 the applicant and Council had a number of meetings and discussions relating to the potential acquisition of the corner site at No.248 Railway Parade and ensuring suitable design amendments that reduce density to an acceptable level whilst ensuring adequate building separation to its neighbours.

 

Negotiations for acquisition with the neighbouring property failed to reach agreement on a purchase price”

 

and;

 

“Amalgamation

The site is identified as part of an amalgamation with the corner property at 248 Railway Parade.

 

Extensive negotiations have been undertaken between the applicant and the owners of No. 248 Railway Parade with valuations being submitted. Council commissioned an independent valuation as there was no agreement reached between the applicant and No.248 Railway Parade.

 

The final offer by the applicant was in excess of the higher value in the range given in the independent valuation and was based on a total development FSR of 4.5:1”.

 

56.    It is noted that reasonable attempts were sought prior to determination of the above application. The subject site at 248 Railway Parade is currently isolated.

 

View loss assessment

57.    Concerns were raised in relation to levels 5 - 7 of the proposed development and the adverse impacts on the City skyline and water views of Botany Bay. Several submissions were received from multiple residences from the Kogarah RSL site in particular from Building A. A site inspection was undertaken on 10 January 2020 from units 507 and 807 which directly adjoins the site to the south. Whilst multiple submissions raised concerns regarding view loss, the most likely impacted units were inspected. Due to smokey bushfire conditions during Council’s site inspection, views to the city skyline and Botany Bay were not clearly visible. Photographs from submitters have been used in the assessment report as they are considered representative of the outlook experienced during the site inspection. The viewing angles align with that undertaken during Council’s site inspection which has been taken from a standing position on the balconies.

 

Figure 15 Standing position view from Balcony Unit 507 (Building A) northern aspect towards city (Source: submitter, 2019).

 

Figure 16 Standing position view from Balcony of Unit 507 (Building A) eastern aspect towards Botany Bay (Source: submitter, 2019).

 

58.    In considering view loss, the following considerations have been undertaken in accordance with View Sharing principal established by Tenacity Consulting v Waringah [2004] NSWLEC 140 whereby;

 

59.    Para

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

 

60.    Comment: The ‘Veridian’ is located approximately 13km from the Centre of the City i.e. in this report Centre Point Tower is the reference point. Distant city views are obtained due north. Distant views to Botany Bay are located to the east which is approximately 2.6km away. Further water views and partial interface views of Kurnell and La Perouse are approximately 9.5km to the east. The views to the City are described as full views whereas the view to Botany Bay is described as a partial view due to canopy trees and buildings in the foreground.

 

61.    Para

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

 

62.    Comment: The views in question are taken from the adjoining property within the Kogarah RSL site from level 5 and above. The views are from both standing and sitting positions. These contain viewing aspects to the north and east. These views are located along a side boundary which adjoins the subject site. The proposal seeks an external wall with a nil boundary setback along the western side elevation which contains recesses tapering towards the northern front elevation and rear southern elevation of the site.

 

63.    This site has the benefit of the same height control as the development on the RSL site. Whilst the development in its current form is unacceptable given the setbacks to the boundary, a revised design may result in view impacts and the loss of solar access given the lot orientation. It is unlikely the RSL site will retain its current outlook and solar access with a revised design given the views are across a side boundary.

 

64.    Para

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

 

65.    Comment: Currently views can be obtained from both sitting and standing viewing positions. This proposal results in a severe to devastating impact from level 5 and above. This is generated by the siting of built form and setbacks of levels 5 – 7 along the western side boundary.

 

66.    The development in its current form is considered to result in amenity impacts with respect to the distances of the built form to the boundary given the location of the built form on the RSL site. It is acknowledged that this development will result in considerable solar access, outlook and view impacts. However, it needs to be acknowledged a revised development on the subject site is necessary it may not result in the retention of the solar access, outlook and views presently obtained from the development currently existing on the RSL site.

 

67.    Para

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

 

68.    Comment: Whilst it is acknowledged that the proposal complies with height and floor space permitted for this development type, however the proposed design in its current form, given the relationship of the subject development on the RSL site does result in the need for a revised to address amenity impacts. However it needs to be acknowledged that a revised design on the subject site may not result in the complete retention of the current levels of solar access, outlook and views from the development on the RSL site as any development above level 4 will result in view loss.

 

Floor space ratio

69.    It is noted this site is isolated, as a result achieving the maximum floor space under the KLEP 2012 being 4:1 may be difficult to achieve.  Further, the floor space control is considered to be a maximum not a development right as acknowledged in the decision of Regent Land Pty Ltd ATF Regent Land Unit Trust v Georges River Council [2018] NSWLEC 1370 where Commissioner Smithson stated:

 

70.    Para

“However, the FSR standard sets a maximum permissible FSR not one as of right nor necessarily desirable in all instances given requirements to minimise adverse impacts for future occupants and neighbours and, of specific relevance to this site, subject to a DCP requirement to amalgamate sites to optimise yield. As the site could not be amalgamated, the onus is on the applicant to demonstrate why even the maximum permissible height and FSR are justified on the site”.

 

71.    The proposal seeks to use the bonus floor space available to a boarding house development via the provisions of SEPP (ARH) 2009. Whilst the site benefits from a height control of 39m, the floor space of 4:1 permitted on an allotment of 411sqm would result in a development lower than that proposed. The use of the bonus FSR has result in this floor space being in the form of additional levels given the sites relative constrained nature of the site being its area and dimensions. This additional floor space has resulted in additional verticality which does not appropriately address the residential interface to the south and west.

 

Height

72.    The proposal is below the maximum permitted height of 39m, having a height of 27.7m.

 

73.    The constrained nature of the subject site and it being isolated, the permitted floor space (including the bonus) does not enable the maximum permitted height to be achieved.

 

74.    The constrained nature of the site given its width, depth and having an area of 411sqm results in the attainment of the floor space in a vertical form. The location and design of the development on the RSL site is impacted by any development form greater than the 4 storey podium. It is noted this development results in amenity impacts on the development within the RSL site and needs to be redesigned. It is acknowledged that a revised design may not result in the retention of the solar access, outlook and views presently available.

 

Solar access

75.    The proposal results in a poor outlook and interface to the adjoining western units which is generated by levels 5 – 7 as the proposal seeks an upper element comprising of a 15.33m wall with a nil boundary setback. These levels result in a poor design outcome for adjoining occupants within the RSL site. The design is not considered to be an appropriate response to the immediate surrounding area. Whilst is it acknowledged that solar access impacts maybe unavoidable due to the orientation of the site and height controls however increased side setbacks may result a reduction of impacts. A redesign is considered necessary in this regard.

 

76.    The proposed development type being a boarding house in a shop top housing form is characteristic of the locality, however the built form and its impact on the adjoining development is considered to result in an unacceptable impact.

 

77.    The proposed development would cause adverse physical impacts upon surrounding residential development at the Kogarah RSL. The following concerns are raised:

 

·        The development in its current form presents unreasonable visual bulk and scale impacts to the neighbouring properties along the southern elevation which results in view loss. It is also noted that an increase in setbacks could result in the possible reduction of the extent such impacts in relation to solar access and outlook. A view loss assessment has been undertaken within this report based on the current form as per below;

 

·        The design of the proposed development in its current form above level 4, in relation to setbacks and siting is not considered to be appropriate and is inconsistent with of the streetscape character when viewed from both Railway Parade and Blake Street as development has a podium up to level 4 and setback upper levels. It is noted that this is ordinarily to satisfy the Apartment Design Guide setbacks for a development subject to SEPP 65. A boarding house is exempt from the provisions of SEPP.

 

·        The proposal in its current form results in adverse amenity impacts due to poor spatial separation, sitting and massing above level 4. Resulting in poor outlook, solar access and view loss impacts which detrimentally affects units adjoining to the west. It is noted that that impacts regarding the above are unavoidable due to the orientation of the site however could be potentially reduced by a skilful design.

 

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

 

78.    Comment: The block is characterised by the existing built form of the Kogarah RSL site which includes a 5 storey podium element with residential units above. The subject site is located to the eastern side of the site. The proposal seeks to adopt a masonry lower element and tones which are generally compatible with the visual catchment, however elements associated with levels 5 - 7 do not contextually relate to the adjoining properties due to its siting, setbacks and massing as there is no building relief above the podium level. In this regard, the proposal in its current form will adversely disrupt on the built form in the streetscape along Railway Parade and Blake Street.

 

79.    The proposal, in particular levels 5 - 7 results in a built form in its current form which is not harmonious with the adjoining development. Due to the orientation of the site and height of building control which prescribes a maximum height of building of 39m, the elements above result in adverse impacts regarding view loss, outlook and solar access however such impact could be potentially reduced with a skilful design.

 

80.    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 Revelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029). It is acknowledged that there are sites within the immediate streetscape that are yet to reach their development potential to the east and south. However, given the proposed development has been designed in contrast to what may be considered an acceptable  siting, setback and massing  from neighbouring development to the west and south, the design and streetscape presentation of future development on adjoining sites is unlikely to resemble that of the design of the proposed development.

 

81.    Given the above, it is considered that the proposal satisfies the character test however results in a built form which provides poor occupant amenity and an unresolved interface to adjoining residential development to the east and south.

 

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

82.    The objectives of this Policy ensure that the performance of the development satisfies the requirements to achieve water and thermal comfort standards that will promote a more sustainable development.

 

83.    A valid BASIX (Building Sustainability Index) certificate No. 1009898M was prepared on 16 May 2019 and assessed the proposal against the provisions of BASIX and found the proposal to be compliant. The BASIX commitments are shown on the architectural plans. The amended proposal did not require an amended BASIX Certificate given that no external changes were sought. In this regard, the requirements of the SEPP have been fulfilled.

 

State Environmental Planning Policy (Infrastructure) 2007

84.    The site is located more than 25m away from Sydney Trains Infrastructure. The proposal has been considered in accordance with the applicable provisions of the SEPP. The proposal was referred to Ausgrid (Clause 45 – Determination of development applications – other development) and Sydney Trains with twenty-one (21) days to respond. In response, no comments were received upon finalisation of this assessment report. An acoustic report has been prepared by Broadcrest Consulting Pty Ltd which has been assessed by Council’s Environmental Health Officer in accordance with (Clause 87 - Impact of rail noise or vibration on non-rail development and ) which satisfies the requirements under Clause 102).

 

Given the above, appropriate considerations within this SEPP have been satisfied.

 

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

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

 

86.    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). 

 

87.    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.

 

88.    There are no existing trees on site or within the Council’s reserves along Railway Parade and Blake Street, Kogarah.

 

89.    The proposal seeks landscaping works as identified within the submitted Landscape Plan prepared by Zenith Landscape Designs dated 16 April 2018. Within the scheme the proposal seeks the following:

 

·        2 x Trisaniopsis Laurina ‘Liscious’ (TL) with a maturity height of 6m located on the Council reserve on Blake Street;

·        1 x  Cupaniopsis anacardioides (CA) with a maturity height of 6m located on the Council reserve on Railway Parade;

·        Terrace planting ranging in maturity height from 150mm – 2.0m for common open space, suite No. 40 balcony, managers suite No.37, green wall and along northern elevation adjacent to common room.

 

Figure 17 Landscape Plan (Source: Zenith: Landscape Designs).

 

90.    Council’s consulting arborist supports the proposal subject to suitable tree replacement planting. In this regard, the proposal adequately satisfies the provisions of the SEPP.

 

Draft State Environmental Planning Policies

Draft State Environmental Planning Policy – Remediation of Land

91.    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‘).

 

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

 

93.    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.

 

94.    The subject site has been historically used and is currently used as an automotive repair. Similarly addressed earlier this this report under SEPP No. 55 – Remediation of Land. The application is accompanied by a Preliminary Environmental Site Assessment dated January 2019. It is considered that a Phase 2 Intrusive site investigation and possible Remediation Action Plan is required for further consideration. In this regard, the proposal is not considered to adequately satisfy the intention of the draft SEPP.

 

Draft Environment SEPP

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

 

96.    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.

 

97.    Council’s Landscape Officer has reviewed all the relevant documentation and plans and has concurred with the proposed landscaping on level 5 and street tree planting.

 

Local Environmental Plan

Kogarah Local Environmental Plan 2012

Zoning

98.    The subject site is zoned B4 - Mixed Use under the provisions of the Kogarah Local Environmental Plan (KLEP) 2012.

 

99.    The zone objectives are listed per below;

·        To provide a mixture of compatible land uses.

·        To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

·        To encourage development that contributes to economic growth and employment opportunities.

·        To encourage development that contributes to an active, vibrant and sustainable town centre.

·        To provide opportunities for residential development, where appropriate.

 

100.  The proposed development is inconsistent with the objectives of the B4 zone as follows:

·        The proposal is not considered to result in a suitable layout and functionality to service future residential and commercial occupants in relation to car parking and amenity.

·        The proposal provides for residential development in the form of a boarding house however the design and sitting does not appropriately relate to the immediate context which results in adverse, view loss solar access outlook and built form impacts.

·        The proposal is not considered to result in a compatible land use with the adjoining development.

 

Figure 18 Zoning map extract from KLEP 2012 (site edged red) (Source: GRC Intramaps, 2020).

 

101.  The extent to which the proposal complies with the relevant standards of the KLEP 2012 is outlined in the table below.

 

Table 4: KLEP 2012 Compliance Table

Clause

Standard

Proposal

Complies

2.2 Zoning of Land to which Plan applies

B4 Mixed Use Zone

The shop top housing development in the form of a ground floor commercial tenancy and upper level boarding house is permissible with consent.

Yes

2.3 Zone objectives and Land use table

‘Commercial’ and ‘boarding house’ are permissible land uses in the zone.

 

Objectives of zone to be satisfied

 

 

 

 

 

However the proposal is not considered to satisfy the objectives of the zone as previously discussed within this report.

Yes

 

 

 

 

No - refer to discussion below.

2.7 Demolition

Demolition requires development consent.

Consent for demolition of existing structure sought.

Yes

4.3

Height of Buildings

“Maximum permitted height of 39m

27.7m

RL37.50 (lift overrun)

Yes

4.4

Floor Space Ratio

“M maximum FSR of 4:1

Site area: 411sqm

 

Maximum of 1,644sqm of Gross Floor Area permitted

(FSR bonus of 0.8 permitted under SEPP (Affordable Rental Housing) 2009

4.78:1

Yes, given that additional floor space permitted under SEPP (ARH) 2009.

4.5

Calculations of Floor space and Site area

Floor space to be calculated in accordance with Clause.

Floor space calculated in accordance with clause.

Yes

4.6

Exceptions to Development Standards

Not applicable.

N/A

N/A

 

5.10

Heritage Conservation

 

Not identified as a heritage item and not located within a Heritage Conservation Area.

Satisfactory - no local heritage items or conservation areas are within the vicinity of the Site.

Yes

6.1

Acid Sulfate Soils (ASS)

The site is not affected by acid sulfate soils.

N/A

N/A

6.2

Earthworks

Development consent sought for excavation requires development consent. Considerations to apply include impact on drainage patterns, fill, effect on land and fill, impact to waterways.

A geotechnical report was submitted as part of this development application. The original proposal sought excavation to accommodate three (3) levels of basement. An amended geotechnical report has not been provided in support of the amended proposal which seeks four (4) levels of basement.

No

6.5 Airspace Operations

 

Development Consent must not be granted to controlled activity within Division 4 Part 12 of the Airports Act 1996.

Referrals sent. No objections raised by CASA. No comments received from Sydney Airports.

Yes

6.6 Development in Areas subject to aircraft noise

Acoustic considerations to be satisfied.

An acoustic report was submitted with the application which is supported by Council’s Environmental Health Officer.

Yes

 

Development Control Plan

Kogarah Development Control Plan 2013

102.  A detailed assessment of the development against the relevant sections of KDCP 2013 have been considered as per below.

 

Section B1 Heritage Items and Heritage Conservation Areas

103.  The subject site is or properties within the immediate vicinity are not affected by an interim heritage order, or listed on a Local or State Heritage Register. In this regard, considerations within this subsection have been reasonably satisfied.

 

Section B2 – Tree Management and Green Web Tree Management

104.  There are no trees located on the site or within the Council street reserves. Council’s consulting arborist supports the proposal subject to an increase in street planting and change in species types for the elevated courtyards and planters on level 5. In this regard, the proposal satisfies the intent of this subsection and could be conditioned if the application was to be supported.

 

Section B3 – Developments near busy roads and corridors

105.  The proposal has been supported by an acoustic report which satisfies the requirements under SEPP (Infrastructure) 2007. In this regard, the proposal adequately satisfies the intent of this subsection and could be conditioned for the design elements to be incorporated into the development if the proposal was to be supported.

 

Section B4 – Parking

106.  The proposal is deficient one (1) on site car space under SEPP (ARH) 2009. The proposal complies motorcycle and bicycle requirements under SEPP (ARH) 2009, which prevails over Council’s DCP controls. However, it is noted that the proposal has not provided adequate on site vehicle parking, swept paths, sight lines and vehicular movement. This also impacts the location and manoeuvrability to and from the vehicle lift. In this regard, the proposal has not satisfied the intent of this subsection.

 

Section B5 – Waste Management

107.  The proposal has provided waste storage on site which is considered to be acceptable. Council’s Coordinator of Environment Sustainability and Waste raised no objection to the proposal. Conditions would be imposed if the application was to be supported.

 

Section B7 – Environmental Management

108.  The proposal is not considered to be inconsistent with the provisions contained within this subsection.

 

Kogarah Town Centre

109.  The increase in floor space and height of  development within Kogarah Local Environmental Plan 2012 (amendment), certain built form controls relating to height, floor space and lower streetscape massing prescribed in Part E: Town Centres within the KDCP 2013 do not correlate with the uplift. Given this, a merit based assessment has been undertaken under the applicable controls.

 

Table 5: Part E Town Centres Kogarah Development Control Plan 2013 Compliance Table

Clause

Standard

Proposal

Complies

2.9 Railway Parade

Local Precinct Character Streetscapes: South Precinct

 

2.9.2 Desired Future Character Principles

Land Uses

 

 

 

 

 

(a) Increase the diversity of uses to include residential uses.

 

 

(b) Provide for commercial uses such as small offices and specialist retail on the ground floor fronting Railway Parade.

 

 

 

(c) Encourage the continuation of the RSL use and the provision of community related uses within the block between Blake Street and English Street.

 

 

 

 

 

 

 

The proposal incorporates a residential “boarding house component”.

 

One (1) retail commercial tenancy of 80sqm is proposed fronting Railway Parade and extending around into Blake Street.

 

The subject allotment is an isolated site. In the determination of the DA2015/97 at 250-258 Railway Parade, Kogarah offers were made to acquire the subject site prior to determination.

These efforts we unsuccessful.

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

N/A

 

 

 

 

 

Street Frontage

 

(d) Address Railway Parade with active street frontages, awnings and street trees to increase pedestrian amenity.

 

 

 

 

 

 

 

 

(e) Set buildings back from Railway Parade to allow for widened footpath areas and improved public domain.

 

The proposal activates Railway Parade with the provision of a commercial tenancy fronting Railway Parade and extending around into Blake Street, this includes an awning and street planting.

 

The ground floor of the proposal along Railway Parade aligns with the adjoining building being the Kogarah RSL.

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

Built Form

 

(f) Reinforce the two-storey street wall height by setting back upper levels of the buildings.

 

 

 

 

 

 

 

 

 

 

(g) Introduce breaks in the building massing at upper levels to reduce the buildings’ apparent scale.

 

 

 

 

 

 

 

 

 

 

(h) Establish a consistent ‘build to’ line along a 2m front setback on Railway Parade to create a consistent edge to the street.

 

(i) Emphasise the block between Blake Street and English Street with taller buildings that create a landmark entry to the Kogarah Centre.

 

Due to the uplift following the KLEP 2012 amendment, the two storey control is not considered relevant. However the podium level proposed aligns with the adjoining Kogarah RSL which has a podium of 5 storeys. This is considered to be acceptable.

 

The proposal seeks recessed levels 5 - 7 however these elements are not considered to be appropriate sited, setback and adopts massing  which does not provide an appropriate design interface to the adjoining Kogarah RSL.

 

The proposal provides a 2m front building line setback along Railway Parade.

 

 

The proposed design does not appropriately address this block given the design which is poorly integrated with the Kogarah RSL regarding levels 5 and above.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

No

 

 

Pedestrian Movement

 

(l) Enhance the pedestrian amenity of Railway Parade with awnings, street tree planting and upgraded footpaths.

The proposal provides awnings, street tree plantings and upgraded footpaths.

Yes

3.4 Building Heights

(1) Maximum building heights are shown in Figure 1 – Building Heights Plan.

 

The proposal does not exceed the 39m Height of building control as prescribed within the KLEP 2012. The proposal seeks a maximum height of 27.7m which complies.

Yes

3.4.2 Roof Top Development

(1) Roof top developments are permitted in some circumstances. Roof top developments are only permitted on 18.0m high buildings or in the case of a fully commercial building on 21.6m buildings and on those sites nominated in Figure 3.0 – Building Heights Plan by “R”.

 

Similarly addressed in relation to building height regarding the KLEP 2012. However the proposal results in an adverse impact regarding the proposed communal open space on level 5 which directly adjoins Level 5 Terraces of the Kogarah RSL. The two are proposed to be separated by a 1.8m high privacy screen and landscape planting on site. The design and siting and spatial separation of the communal open space to the adjoining terraces of the Kogarah RSL is considered to be inadequate.

Yes

 

(2) For those sites where roof top development is permitted, the following maximum height requirements apply (inclusive of any roof top development):.

Roof top development permitted.

Yes

 

(3) Roof top development, with the exception of attics, will setback habitable space 2.5m (from external walls) from the street and rear facades.

 

The proposal has a nil setback extending to 3m from the western side boundary on level 5 and above. This is considered to result in a poor interface and design outcome with respect to the adjoining western residential interface acoustically, potential for overlooking and solar access.

Yes

 

(4) Council will only permit roof top development where it is satisfied that a sufficient attempt has been made to create interesting and diverse roof forms.

 

Given the immediate context of the Kogarah RSL the levels proposed above level 5 are not considered to be acceptable in terms of sitting and design.

Yes

 

(5) Roof top development includes attics, penthouses and mansard style developments.

The proposal does not seek these elements as part of this proposal.

N/A

 

(6) Where a mixed development is proposed, the roof top development may be two storeys measuring a maximum 8.1m from floor level to the highest point on the roof.

The permitted height control is now within the KLEP 2012.

N/A

3.4.5 Building Height and Articulation

(1) Where buildings are greater than four storeys, strong articulation should be provided in the form of a setback at the 5th and 6th storey, a strongly marked balcony cornice line (projection) and modulation in roof form.

The proposal is eight storeys in height. The proposed podium element aligns with the Kogarah RSL which is 5 storeys in height.

No

3.5 Building Density

(1) The maximum floor space ratios for the Kogarah Centre are specified in the Floor Space Ratio Plan (Figure 4 below).

 

Note: no prescribed floor space indicated within figure.

No prescribed floor space within diagram however the proposal complies with the KLEP 2012. Additional floor space is sought under the provisions of State Environmental Planning Policy (ARH) 2009.

Yes

3.6 Building Alignment

(2) Buildings require highly articulated facades with many projections such as stepped facades, entry porches, bay windows and balconies to provide vertical subdivisions and visual interest in the streetscape.

The proposal is not considered to be appropriately designed to address setbacks and amenity impacts to adjoining built form to the west and south.

Yes

3.7 Building Depth

(1) New buildings are to provide operable windows to all living and working environments.

 

The proposal incorporates streetscape outlook to the north being Railway Parade and the east being Blake Street.

Yes

 

(2) Articulate buildings using courtyards, atria and the like to achieve substantial day lighting, cross ventilation and/or stack ventilation.

The proposal uses balconies as recesses to provide lighting and ventilation along the street facades.

Yes

3.8 Floor to Ceiling Heights

(1) 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.

The plans show 3.1m for residential and 5.6m for the commercial level.

Yes

 

(2) Floor to ceiling heights should be a minimum of 2.7m at upper storeys of buildings, to all habitable rooms to allow for a range of uses, and to improve the environmental performance and amenity of the building.

The proposal has not indicated a floor to ceiling height on the plans however a floor to floor height of 3.1m is proposed between levels 1 – 7.

Yes

3.9.1 Car parking

(4) For commercial/retail development and other land uses parking is to be provided at the following rate:

 

(i) 1 space per 40sqm for any floor space at ground floor level.

 

In total, the proposal provides twenty seven (27) car spaces. Two (2) car spaces have been provided for the commercial tenancy. It is noted that allocated commercial car parking spaces have not been nominated on the plans The plans should be amended to nominate spaces for commercial use.

  Yes

 

(5) 1% of all car parking spaces are to be designated “accessible” spaces for people with mobility impairments, with a minimum of 1 space for facilities such as medical suites.

 

The proposal provides 4/27 accessible spaces which equates to 14.8% accessible spaces. It is noted that twenty eight (28) car parking spaces are required to service the proposal. The proposal is deficient by one (1) on site car space.

Yes

 

(6) For car parks between 10 to 99 spaces at least one “accessible” space must be provided.

Four (4) accessible spaces provided on basement levels 1-4.

Yes

 

(7) Designated “accessible” car spaces are to be treated as resident car spaces in the calculation of the parking requirement.

Accessible spaces align with the number of accessible boarding rooms.

Yes

3.9.2 Bicycle Parking

(1) Bicycle storage is to be provided at the rate of:

 

(i) 1 secure bicycle storage facility per 2 residential units

(ii) 1 bike space per 10 car spaces for the first 200 spaces then 1 space per 20 car spaces thereafter, for commercial and retail land uses.

The proposal has provided bicycle storage under SEPP (ARH) 2009 which overrides Council’s DCP. Ten (10) bicycle spaces are proposed which complies.

Yes

 

(2) Bicycle parking and facilities should be designed in accordance with the relevant Australian Standards.

 

Bicycle spaces provided in accordance with Australian Standards. Bicycle spaces are provided on basement level 4.

Yes

 

(3) Showers and lockers should be incorporated into developments for bicycle users.

 

No showers or lockers have been provided however this is considered to be acceptable given that each boarding room contains showers and storage.

No

3.9.3 Loading Bay Facilities

(1) Loading bay facilities are to be provided at the following rates: Retail

·  floor area 15sqm to 500sqm - 1 bay required

 

One (1) loading bay provided on the ground floor to service the single 80sqm commercial tenancy.

Yes

 

(2) Loading bay facilities are to be designed as follows

·  minimum bay width - 3.5m

·  minimum bay length for Bay 1 - 9.5m

Loading bay does not meet minimum dimensions for a bay length of 9.5m.

No

3.9.4 Specific Requirements for the Railway Parade South Precinct

All residential parking must be provided on site. Where a commercial development is proposed, all the parking should be provided on site. Where there is a deficit with respect to the provision of commercial parking on site, the residual may be provided by the way of contribution under the section 94 plan.

The proposal results in a shortfall of one (1) car parking space associated with the boarding rooms.

No

4. Urban Design

4.1 Address and Active Street Frontages

(1) Buildings on the street frontage are to provide pedestrian amenity in the form of active street frontages, building entrances and awnings.

The proposal provides a street frontage to Railway Parade and part of Blake Street where there are pedestrian entry points to the development.

Yes

 

(2) Buildings setback from the street frontage, are to address the street with major facades, entrances, stairs, low fences, substantial planting and other streetscapes.

The proposal addresses both street frontages.

Yes

 

(3) In predominantly residential areas, strengthen the interaction between the public and private domain by providing multiple entrances for large developments, locate shops where they will be most visible and minimise the vehicular entrance width.

The proposal provides a residential lobby from Blake Street, with the commercial tenancy having access from both the Blake Street and Railway Parade frontages.

Yes

4.2 Corners

(1) Buildings are to be sited on the street frontages at corners, addressing the corner.

 

The proposal is generally proposed to be built boundary to boundary up to level 4 however levels 5 - 7 are centrally sited and do not appropriately reinforce the street corner of Railway Parade and Blake Street due to the absence of the built form in this location

No

 

(2) The street intersection is to be addressed with splays, curves, building entries and other special architectural elements.

 

Similar to the above, the proposal is adequate from the ground floor through to level 4, however elements above this level are not considered to appropriately address the corner due to the lack of siting and  massing proposed which is absent in emphasising this element .

Yes

 

(3) Architectural corner elements may be slightly higher than the rest of the building. They must not exceed 4.0m above the average street wall height. The floor space they contain will be part of the total gross floor area of the building.

 

Whilst this control relates to elements above the building height under the previous DCP controls, the intention of this control is to reinforce the street corner of which the siting and whereby design of the elements above level 4 have achieved reinforcement of the corner.

Yes

4.3 Architectural articulation

(1) Large areas of flat facade are to be avoided. Facades should be articulated into separate sections, using steps in the facade, expressed entries, panels, bay windows, balconies, pergolas and other architectural elements.

 

The proposal provides two (2) blank walls on either side of the basement roller door access along Blake Street. Whilst the proposal seeks a face brick wall, this results in a poor inactive street interface.

Yes

 

(2) Articulation elements must be integral with the building design and should consider the whole building - not just the street facade.

 

The proposed upper elements above level 4 are not considered to be well integrated into the overall design due to poor siting, setbacks and massing.

Yes

 

(3) Changes of texture and colour should complement facade articulation.

 

The proposal nominates a mixture of contemporary finishes and tones.

Yes

 

(4) Appropriate security (if required) can be provided through security grilles on the inside of the shop windows that are retractable to create an open shopfront/window display area. Roller shutter doors facing onto the street are not permitted.

No grilles proposed.

Yes

 

(5) Provide solar protection elements as integral with the building design and massing.

Eaves and awnings are integrated into the design.

Yes

4.4 Façade Composition

(1) Provide a balance of horizontal and vertical facade elements to relate to adjacent facades in the streetscape. Avoid simple facade designs containing only horizontal or vertical elements.

 

The proposal incorporates horizontal and vertical elements however, elements above level 4 are not considered to be well integrated into the remainder of the design due to siting, setbacks and massing which provides a poor interface to the adjoining residential development.

Yes

 

(2) Subdivide long facades with columns, windows and other vertical elements to provide a vertical emphasis.

Vertical elements incorporated within the design.

Yes

 

(3) Provide substantial cornices, balconies and other horizontal elements to subdivide the facade into a base, middle and top.

Recesses, and balconies provided on each level.

Yes

4.5 private open space and balconies

(1) Every apartment is to have at least one balcony directly accessible from the main living area, of minimum size 10sqm.

 

Each boarding room provides a balcony with areas between 3.3 sqm – 13.2sqm for additional amenity. A balcony is however not required for boarding rooms as per SEPP (ARH) 2009 which is the higher order instrument, thereby the development is compliant in this regard.

No

 

(2) The minimum dimension in any direction is to be 2.5m.

 

Dimensions less than 2.5m in dimension. A balcony is however not required for boarding rooms as per SEPP (ARH) 2009 which is the higher order instrument, thereby the development is compliant in this regard.

No

 

(3) There is no minimum size for a bedroom balcony (e.g.: Juliet balconies).

 

Each boarding room balcony functions similar to that of a bedroom balcony with a minimum dimension area ranging from 3.3sqm – 13.3sqm.

Yes

 

(4) Design balconies which are recessed into the wall or enclosed with walls, columns or roofs to provide sufficient enclosure and visual firmness.

Balconies are recessed into the elevations and are generally roofed.

Yes

 

(5) Design balustrades which allow for views into, and along the street but, avoid all-glass and all-brick balustrades.

Balconies allow for outlook onto the street frontages of which form translucent glazed balconies

Yes

 

(7) Include sunscreens, pergolas, shutters, operable walls to control sunlight, wind and harsh environmental effects.

Pergolas are proposed for suite 40 on level 5. Reasonable levels of protection provided for other units.

Yes

4.6 Awnings

(1) Step awnings and other weather protection devices in relation to street level changes and building entrances.

 

Entries to the residential lobby and commercial tenancy are provided with weather protection.

Yes

 

 

(2) Avoid steeply pitched awnings which break the general alignment of awnings in the street.

Flat awning proposed which aligns with the Kogarah RSL development.

Yes

 

(3) Provide architectural detail in the form of:

(i) Posts

(ii) exposed structures and joints

(iii) fascia motifs, patterns

The proposal provides columns along Railway Parade and Blake Street.

Yes

 

(4) Provide under-awning lighting to enhance safety.

Lighting can be accommodated below awnings.

Yes

4.7 Roof Designs

(1) Articulate roofs to provide a varied and interesting roof-scape.

Flat roofing proposed.

Yes

 

(2) Design large projections, shade structures and pavilions to enhance the appearance of flat roofed buildings.

Flat roof proposed.

Yes

 

(3) Conceal lift over-runs and plant equipment (incl. satellite dishes) within well designed roof forms.

Lift overrun integrated into the building.

Yes

 

(4) Design steep pitched roofs with strong roof forms. Roofs should be integral part of the design of the building.

Flat roofing proposed.

Yes

 

(5) Penthouses are encouraged in residential developments, to create interesting skylines using set back upper storeys, special fenestration and roof decks.

No penthouses proposed.

Yes

4.8 Visual and Acoustic Privacy

(1) Buildings are to be sited so that walls containing windows to habitable rooms are a minimum of 6m from a side or rear boundary. This will ensure a minimum distance of 12m is achieved between windows of habitable rooms.

Western elevation windows on levels 5 - 7 are located 3m from the site boundary.

No

 

(2) Separation for balconies and terraces is to be a minimum 8m balcony to another balcony, or 7m balcony to a window of a non-habitable room. (This assumes that only habitable rooms will have balconies).

 

(3) Overlooking should be minimised by:

 

(i) building on the perimeter of the block and building to the side boundaries of sites, with blank walls, to avoid overlooking;

 

(ii) locating habitable rooms within buildings away from privacy sensitive areas.

 

The proposal seeks a nil boundary setback on level 5 for a portion of suite 40.

 

 

 

 

 

 

 

 

Landscaping and privacy screens proposed between the subject site and Kogarah RSL site.

 

Habitable rooms are generally offset from privacy sensitive areas.

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

(4) Screen views from windows and balconies by:

 

(i) using screens in front of windows and balconies to cut out direct views;

 

 

(ii) offsetting windows opposite each other in neighbouring walls;

 

 

 

 

 

(iii) using horizontal and vertical projecting screens above, below and to the side of windows, to reduce overlooking;

 

 

 

Highlight windows are proposed along western side elevation.

 

The proposal provides offsets and blank walls to address the adjoining residential units along the western and southern elevations.

 

The proposal does not propose to utilise these measures.

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

(5) Development is to meet or exceed the sound insulation requirements for separating walls and floors of adjoining dwellings of the Building Code of Australia.

 

Development is to meet BCA requirements. If the application as to be supported this would be a condition of consent.

Yes

 

(6) With particular regard to timber flooring in residential developments, appropriate insulation between floors is to achieve minimum sound attenuation of (50Rw).

This would be a matter for consideration at the Construction Certificate stage.

Yes

 

 

(7) Submit an acoustic report demonstrating the method and acoustic rating achieved for the development with the Development Application. Issues to address include, but are not limited to, party walls, storeys, different uses and traffic noise.

 

An acoustic report was submitted for consideration with the application. This is supported by Council’s Environmental Health Officer and the recommendations of the report would be conditioned to be included in the development if the application was to be supported.

Yes

 

(8) Site buildings and design internal layouts of rooms, courtyards, terraces, to minimise acoustic problems. The use of openings, screens and blade walls can reduce acoustic problems.

 

The proposed siting and layout of the proposal is not considered to be appropriate in relation to the interface with the adjoining Kogarah RSL site, especially on level 5.

No

 

(10) Blank walls are not desirable however blank walls may be built on the property boundary in certain circumstances. They should be articulated, patterned or contain appropriate public art.

 

The proposal in its current form includes a blank wall along the western side boundary for levels 5 - 7. This results in a poor outlook and potential view loss impacts for units on the Kogarah RSL site. Whilst it is acknowledged that the proposal complies with floor space and height and that view loss is considered to be unavoidable. It is noted that increase setbacks and resign of the upper levels may reduce the extent of impact generated.

No

 

(11) For development adjacent to the railway line or with frontage to a classified road, the requirements of the ISEPP apply. Developments are to be designed to take into account the requirements of the ISEPP and any other applicable policies or guidelines.

 

An acoustic report was submitted with the development application. ISEPP requirements have been satisfied and supported by Council’s Environmental Health Officer. If the application was to be supported the recommendations of the report would be conditioned.

Yes

4.9 Landscape and Deep Soil Planting

(1) Deep soil landscaping areas are to be provided where possible within the side boundary setback area and to the front and rear setback areas, where more than one building is located on the site, landscaping and deep soil planting should be provided to assist in privacy screening.

No deep soil planting proposed. Landscape planting provided within level 5 for landscape privacy screening.

N/A

 

(2) Landscaping should be of native species and should include species that are drought resistant and require minimal watering once established, or plants that match the rainfall and drainage conditions.

The proposal seeks a range of native species of which are supported by Council’s consulting arborist subject to some alternative planting species.

Yes

 

(3) Limit turf to usable outdoor spaces.

Not proposed.

N/A

4.0 Location of Car Parking Areas

(1) Car parking should be provided below ground.

Car parking located below ground however there are 2 waiting bays on the ground level together with a loading bay.

No

 

(3) Like other buildings, above ground car parks should fit within and complement the existing streetscape.

 

The parking configuration is not considered to appropriately fit within the existing streetscape and results in two blank walls along Blake Street to accommodate the vehicle lift and waiting bays.

No

 

(4) Carpark entrances should:

·   be shared with adjoining properties where possible;

·   incorporate other facade elements such as overhanging balconies or side planter boxes in the composition of the façade;

·   contain doors with a minimum recess into the wall of 300mm;

·   contain doors of a minimum width to allow the passage of vehicles.

 

 

The proposal seeks a car parking entrance from Blake street. The car park entrance is 5.8m in width which allows two vehicles to pass simultaneously.

 

 

Yes

4.11 Safety and Security

(1) Orient buildings towards the street, such that building frontages and entries overlook and are clearly visible from the street and provide a sense of address and visual interest.

The proposal is orientated to both Railway Parade and Blake Street.

Yes

 

(2) Avoid blank walls addressing streets and any other public spaces.

 

The proposal seeks two (2) blank walls along Blake Street. Behind these walls is the vehicle lift and waiting bay.

No

 

(3) Clearly design buildings and spaces, and the entries to buildings, delineate public, semi public and private space through the use of symbolic or actual barriers, such as low fences or landscaping, post boxes, lighting and signage.

The proposal delineates public, semi private and private spaces through the entry forecourt.

Yes

 

(4) Avoid building recess, alcoves or dense landscaping in places where concealment is possible.

 

The proposal results in a recess at the entry forecourt in front of the main lobby which concealment is possible due to the sitting of ground floor car park.

No

 

(5) Design and place lighting to ensure visibility of streets, public places and entrances while not intruding on the amenity of residents.

Lighting maybe reasonably incorporated within the design. If the application was supportable this could be achieved by conditions.

Yes

 

(6) Where developments have a car park or access laneway to a car park, provide windows, lighting or secondary access doors that address the car park.

No secondary access doors are provided to the car park at ground level.

No

 

(8) Solid roller shutters are not permitted as security devices on shop fronts (windows and doors). Open grille security devices may be used on shop fronts if such devices are necessary but should be unobtrusive and sympathetic to the character of the building and the streetscape, with minimum transparency of 65% to provide light spill to the pavement and create a sense of openness to the street.

No solid roller shutters proposed.

Yes

4.13 Housing Choice and Ancillary Requirements

(1) To achieve a mix of living styles, sizes and layouts, all residential development (or residential component within a mixed development must provide a mix of one bedroom, two bedroom and three bedroom apartments.

 

Whilst the proposal comprises of a boarding house and not a residential flat building, the proposal provides a mixture of boarding room layouts, orientation and sizes which adds to the variety of housing stock.

Yes

 

(3) External clothes drying facilities are encouraged. These should be provided in the form of a screened balcony or terrace area.

No external outdoor clothes drying facilities provided. No screening provided on either balcony or terrace areas

No

 

(4) 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 storage space could be incorporated as part of the garage.

No storage provided in accordance with the clause as a boarding room is defined as a “dwelling” within the Standard Instrument.

No

5. Specific Precinct Requirements

 

(5.6 Railway Parade South)

 

 

 

5.1.7 Performance Criteria and Design Solutions

Land Use

(1) Encourage mixed-use developments with active uses at the ground floor (commercial, specialist retail, community facilities), commercial at the first floor and residential above.

 

(2) Commercial uses only are permitted on the ground floor of buildings fronting Railway Parade and in the building return to side streets.

 

(3) Residential uses at the ground floor on Railway Parade or in the building return to side streets are not permitted.

 

(4) Residential uses are permitted at the ground floor of side streets in the residue of the study area where there is a minimum 3m setback.

 

 

(5) Promote the expansion and development of community facilities.

 

The proposal comprises of a commercial tenancy and a boarding house 

 

 

 

 

One commercial tenancy proposed along Railway Parade which also presents to Blake Street.

 

 

No residential uses proposed on ground floor fronting Railway Parade.

 

 

All boarding rooms are located on the first floor and above with the exception of the residential lobby which is accessed from Blake Street.

 

The proposal does not seek consent for a community facility.

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

N/A

Building Heights

 

(6) Establish a two (2) storey street wall height that relates to the scale of the traditional strip retail buildings in the retail precinct of Railway Parade, with the third and fourth storey set back from the Railway Parade frontage.

 

 

(7) Provide an appropriate transition to existing lower scale residential development adjacent on side streets and to the rear by permitting a maximum building height of three (3) storeys.

The uplift of the KLEP 2012 results in this clause no longer being relevant however; the proposed podium built form aligns with the adjacent Kogarah RSL.

 

Similar to the above, the proposal adopts a lower podium built form which aligns with the Kogarah RSL

No

 

 

 

 

 

 

 

 

 

No

Floor to Ceiling Heights

 

(9) Allow for a range of uses including retail, commercial and home offices, at ground level.

 

(10) Increase the sense of space in apartments and provide well proportioned rooms.

 

 

(11) Promote the penetration of day lighting into interior spaces.

 

 

(12) At ground level, floor to ceiling heights should be not less than 3m and not greater than 4m.

 

(13) At upper levels, floor to ceiling heights should be not less than 2.7m and not greater than 3m to all habitable rooms.

 

The proposal seeks commercial/retail use on the ground floor.

 

 

The proposed boarding rooms meet the minimum size requirements under SEPP (ARH) 2009.

 

Reasonable levels of solar penetration achieved for the development.

 

To match Kogarah RSL which exceeds 4m in height. The ground floor is 5.6m

 

Floor to floor height at 3.1m for levels 1 - 7, therefore a floor to ceiling height of 2.7m could be reasonably achieved taking into account slab thickness and services.

Yes

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

Yes

Building Setbacks

 

(14) Create a consistent street edge to Railway Parade by aligning all new development to the same front building line, with the exception of heritage items and the significant façade

 

 

.

(15) Provide a 2m front building line setback to visually extend and enhance the public domain and building setting.

 

(16) Provide a 3m setback on side streets to enable landscaping in front gardens consistent with residential character.

 

(17) Provide a minimum 3m setback from rear boundaries to protect the amenity of neighbouring residential uses.

Consistent street edge provided on levels 1 - 4 with the exception of levels 5 - 7 which to not appropriately address the corner of Railway Parade and Blake Street.

 

2m front setback provided from Railway parade

 

 

 

No residential proposed on ground floor.

 

 

 

Nil boundary setback to the southern rear boundary.

No

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

No

Densities

 

(18) Provide appropriate densities for development whose bulk and scale is consistent with the desired future character of the precinct.

 

 

 

 

 

 

(20) Facilitate appropriate development through encouraging amalgamation of lots to achieve the floor space ratios.

 

(21) Where sites are not amalgamated as per the preferred amalgamation pattern (refer to Figure 2) the maximum allowable FSR is reduced by 0.5:1.

As previously discussed within this report, levels 5 – 7 are not considered to be contextually appropriate given the siting, setback and massing to the immediate residential interface to the west and south.

 

The site is an isolated site.

 

 

 

 

The amalgamation pattern has not been followed in this location.

No

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

Façade Composition

 

(22) Break down the scale of large buildings.

 

 

 

 

 

 

(23) Reinforce a desired pattern characterised by simple, rectilinear building forms, a consistent street wall height, and a balance of horizontal elements (parapet, central area, below-awning area) and vertical elements (subdivision patterns, building bays).

 

 

 

 

(24) Create harmonious, well balanced facades that reflect building uses and activities.

 

(25) Retain the pedestrian scale and give continuity to the ‘base’ of the built form.

 

(26) Optimise environmental sustainability and minimise energy consumption through the placement and design of openings and shade systems.

 

(27) On Railway Parade, the building mass should be broken up both vertically and horizontally, for example with building bays, openings and entries.

 

 

 

 

 

 

 

(28) Strongly model the facades using recessed balconies, projecting bay windows, deeply recessed windows and projecting panels.

 

(29) Design building facades to optimise environmental amenity through sun shading devices, privacy screens and noise barriers combined with useable outdoor areas.

 

(30) Avoid large expanses of blank walls or glass curtain walls.

 

(31) Conceal meter boxes, fire hydrant boosters, sprinkler valves and the like so that they are not visible from the street.

The proposal is not considered to be contextually appropriate for the subject site as discussed earlier within this report.

 

The proposal above level 4 seeks a recessed built form which does not provide an adequate balance to the streetscape and adjoining built forms due to siting, setbacks and massing proposed to the adjoining RSL site.

 

 

As above.

 

 

 

As above.

 

 

 

The proposal seeks the utilisation of openings and shading devices.

 

 

 

The proposal in its current form incorporates reasonable building mass below level 4, levels 5 - 7 are not considered appropriate given the poor relationship to adjoining residential due to siting, setbacks and massing.

 

The proposal incorporates balcony recesses.

 

 

 

 

The proposal incorporates eaves and recesses.

 

 

 

 

Two (2) blank walls proposed along Blake Street

 

No location for meters or services indicated on the plans.

No

 

 

 

 

 

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

No

 

 

 

No

 

 

 

Yes

 

 

 

 

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

No

 

 

 

No

Awnings and Verandahs

 

(32) Enhance pedestrian amenity by providing shade and weather protection.

 

 

 

(33) Contribute to a sense of safety and security in the public domain.

 

(34) Provide awnings along Railway Parade, projecting beyond the front setback over the public footpath where possible.

 

(35) Step awnings and other weather protection devices in relation to street level changes and building entrances, and to achieve an appropriate transition to the awnings of any heritage facades.

 

 (36) Design awnings in the range of 3.6 - 4m and no higher or lower by 600mm than adjoining awnings.

 

 

(37) Provide awnings flat or near-flat in shape, with traditional fascia and profile.

 

(38) Provide under awning lighting to enhance safety.

 

The proposal provides a wrap around awning from Railway Parade to halfway along the Blake Street frontage.

 

The proposal provides an outlook to the public domain.

 

Continuous awning provided to Railway Parade and returns along Blake Street.

 

 

Proposed awning provides continuation of the awning from the Kogarah RSL site.

 

 

 

 

 

The awning has been designed to align with that of the Kogarah RSL which exceeds 4m in height.

 

Awning design is flat.

 

 

 

Under awning lighting can be provided. If the proposal was to be supported a condition could be imposed.

Yes

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

No

 

 

 

 

 

Yes

 

 

 

Yes

Built Form

 

(39) Break down the bulk and scale of buildings fronting Railway Parade South by introducing breaks in the building massing.

 

 

 

 

 

 

 

(40) Optimise residential amenity for new development and existing neighbours through building orientation, setbacks and apartment design.

 

 

 

 

 

 

 

(42) Design building depths to optimise natural ventilation and daylight, solar penetration, and visual and acoustic amenity, and to enable buildings to be adapted to different uses over time.

The proposal incorporates a lower podium element with levels 5 - 7 above. The upper levels are not considered  to provide an appropriate interface to the adjoining residential to the west and south

 

The proposed levels 5 - 7 result in a diminished outlook and view loss to residential units adjoining to the west due to the orientation of the site. It is noted that a more skilful design could potentially reduce such impacts.

 

The proposal provides acceptable levels of amenity to future residential occupants of the building.

No

 

 

 

 

 

 

 

 

 

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

Yes

Commercial and Retail Frontages

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Roofs

(51) Enable active street frontages.

 

 

 

 

 

 

 

 

(52) Ensure buildings are of high visual quality, by providing shopfronts and openings that relate in scale and proportion to the overall building massing and height.

 

(55) Design building fronts and entries to be readily apparent from the street and to convey a sense of address.

 

(56) Recess entries to commercial uses a minimum 450mm from the main façade of the building.

 

 

(57) Roller shutters are not permitted on the exterior of the building.

 

(58) Security screens, grilles and bars are to provide a minimum 60% transparency.

 

(59) Shop fronts must be provided with windows that have a sill a minimum of 600mm above finished ground level.

 

(60) Ensure that new development contributes positively to the streetscape.

 

 

 

(62) Ensure that roof fixtures for new development do not detract from appreciation of significant features of existing heritage buildings.

 

 

 

 

(63) Design upper level residential storeys to create interesting roof lines and interesting silhouettes. Penthouses are encouraged, using set back upper levels with special fenestration, balconies and pergolas and roof terraces.

 

(64) Roof fixtures are not permitted where they are visible from the street. Fixtures include aerials, vents, chimneys, solar collectors and mobile phone transmitters.

 

(65) Conceal lift over-runs and plant equipment, including satellite dishes, within well designed roof forms.

 

(67) No development will be permitted within the roof void.

The proposal provides an active street frontage to Railway Parade and along Blake Street where the commercial component and the residential entry to the development.

 

The proposal provides a shopfront which is considered to be reasonable.

 

 

 

Shop front entry is accessed from Railway Parade and Blake Street.

 

 

The commercial tenancy is recessed into the façade with a pedestrian pathway in front.

 

No roller shutters proposed.

 

 

No security devices proposed.

 

 

The proposal provides windows in accordance with this clause.

 

 

The proposal seeks a flat roof which is not considered to positively contribute to the streetscape.

 

No details of exhaust or plant machinery have been indicated on the plans however the site is not within the visual catchment of any heritage buildings.

 

The upper levels being levels 5 - 7 are not appropriately well designed resulting in an incompatible built form particularly to the adjoining residential to the west and south.

 

 

No details provided.

 

 

 

 

 

 

 

No details of plant machinery shown on plans. The lift overrun is shown.

 

No roof void proposed.

No

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

No

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

No

 

 

 

 

 

 

 

 

 

No

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

Parking

 

(68) Encourage the use of public transport, to reduce reliance on private cars for transportation.

 

(69) Provide adequate facilities for parking for building users and residents.

 

 

(70) Minimise the environmental and visual impacts of parking and driveways by integrating them with the building design.

 

 

 

 

 

(71) Minimise the potential for vehicle/pedestrian conflict.

 

 

 

 

(72) Provide bicycle access and bicycle parking facilities which are consistent with the requirements of Part 3.9.2.

 

 

 

(73) Where possible, parking is to be located below ground.

 

 

 

 

 

(74) Car parking may project above ground level where car park ventilation and ground floor privacy are adequate and must be screened with landscaping

 

 

 

(75) Car parking may not project above ground on Railway Parade.

 

(76) Parking is to be provided in accordance with the requirements the DCP

 

The proposal is deficient one (1) car space to service  the boarding rooms

 

Car parking provided on site is not in accordance with the applicable controls.

 

The car park is not considered to be reasonably integrated into the remainder of the proposal as the proposal seeks two (2) blank walls on ground level on either side of the garage door.

 

The proposal has not provided adequate sight lines at the garage door interface and the Road Reserve.

 

The proposal has provided bicycle car parking in accordance with SEPP (ARH) 2009. 10 spaces in basement 4.

 

All car parking spaces are located below ground with the exception of vehicular access lift, loading bay and two waiting bays.

 

The proposal seeks waiting bays and a loading bay on the ground level which is on the Blake Street alignment with a mesh style roller door to provide ventilation.

 

No car parking above ground level fronting Railway Parade.

 

Car parking has not been provided in accordance with sight lines, aisle width and loading bay size under the Australian Standards.

No

 

 

 

 

No

 

 

 

 

No

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

No

Vehicular Access and Driveways

 

(77) Driveways from Railway Parade are discouraged. Access to car parking is to be from secondary streets or right of ways/access ways.

 

(78) Where vehicular access is proposed from Railway Parade, this must be a temporary vehicular access.

 

(79) Crossings are to be positioned so that on-street parking and landscaping on the site are maximised and removal or damage to existing street trees is avoided.

 

(80) Front entrances and front porches to residential buildings should take advantage of the 1m change of level, with well-designed front steps, handrails, balustrades and ramps.

Two-way driveway access proposed from Blake Street.

 

 

 

Not proposed to Railway Parade.

 

 

 

The proposed vehicular crossing does not result in the removal of any street trees as none exist within the Council reserves.

 

The proposal incorporates a ramped entry into the residential lobby which is accessed from Blake Street.

Yes

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

Traffic Movement

 

(83) Provide vehicular access to parking and service areas from side streets or rear lanes where possible. Where rear laneway access cannot be achieved in the short term, temporary vehicular access may be provided from Railway Parade but should be consolidated and minimised.

 

(84) Provide easements for ‘rights of access to sites that could be isolated. These easements are to take the form of laneways of minimum width 6m to accommodate vehicle passing.

 

(85) Provide an appropriate level of parking facilities, both public and private, within new developments.

 

The proposal provides vehicular access from Blake Street which forms a secondary frontage to the site.

 

 

 

 

 

 

 

 

The applicant has sought a right of carriageway from the Kogarah RSL however it was not granted.

 

 

 

The proposal is deficient one (1) car space on and has not provided adequate vehicular and pedestrian safety.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

No

Private Open Space and Balconies

 

(88) Provide a high standard of outdoor living to residential apartments.

 

 

 

 (89) Design building facades and apartment layout so that balconies are functional and responsive to environmental conditions.

 

(90) Integrate balconies into the overall building form and to enhance the articulation of facades.

 

(91) Balconies on the floor above ground level should appear as recessed spaces behind ‘holes’ in the façade, with solid balustrades provided, to strengthen the consistent two (2) storey street edge.

 

 

 

 

 

 

 

 

(92) Balustrades above the 1st floor (Level 3 and above) can be a combination of solid and transparent materials.

 

(93) Create an active interface between the public and private domain, to encourage casual overlooking and surveillance. of the street.

 

 

 

(94) Provide opportunities for external clothes drying facilities.

 

 

 

 

 

 

 

(95) Design balconies fronting Railway Parade which are recessed into the façade or enclosed with walls, columns or roofs, to provide sufficient enclosure to protect the amenity of their users.

 

(96) Rooftop terraces are permitted where they are the primary open space areas associated with a rooftop development (for example a penthouse apartment). Where proposed, they must have direct access to a living area and be level with that living area.

 

The proposal provides a separate balcony for each boarding room and terrace for the manager’s suite.

 

The balconies are generally orientated towards the north and west.

 

 

Balconies are recessed into the building façade.

 

 

Balconies are proposed to be recessed into the elevations or the proposal. It is noted that a two (2) storey street edge is not considered to be consistent with the uplift of the KLEP 2012 whereby the proposal complies with the Georges River Interim Policy DCP 2020

 

Balconies above the ground floor comprise of translucent glass.

 

 

The proposal has an outlook to Railway Parade and Blake Street and the adjoining podium level communal open space of 254 Railway Parade.

 

The proposal has provided balconies for each boarding room which could potentially be used for drying of clothes but not details have been shown in relation to drying facilities.

 

Balconies fronting Railway Parade are recessed into the main façade and are roofed.

 

 

 

 

The proposal seeks a communal open terrace fronting Railway Parade being the northern elevation with the manager’s terrace orientated to the south and part eastern aspect. Direct access is provided for each.

Yes

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes