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Determination
Approval
The Panel, had
regard to the assessment report and supplementary memo dated 5 February 2019
and was satisfied that:
Pursuant to
Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as
amended, Development Application No. REV2018/0019 for the Review Application
- Demolition of existing structures, tree removal, lot consolidation and
construction of four (4) dwellings, installation of swimming pools and
Torrens title subdivision into four (4) allotments with associated site works
and provision of services at 954-956 Forest Road, Lugarno, is determined by granting
consent to the application subject to the conditions recommended in the
report submitted to the LPP meeting of 5 February 2019 except;
Additional Condition
1(a) to read as follows:
1(a) Prior to the issuing of the
Construction Certificate for the new dwellings a Construction Certificate for
all subdivision works will be required and include but not limited to road
works, utilities, stormwater/drainage and associated easements and the
Subdivision Certificate will need to be approved and formally registered.
Amend Condition
2(a) to read as follows:
2(a) Stormwater - Referring
to Stormwater Plan (not titled) dated 10 October 2018 and prepared by B
Ghtrayche, design changes are required and shown on the Subdivision
Construction Certificate plans.
Amend Condition 2(c)
to read as follows:
2(c) Where an inter allotment
drainage easement is required, the details shall be shown on the stormwater
plans. The Subdivision Certificate cannot be issued until the easement has
been prepared by a registered surveyor and has been lodged with the Land
Titles Office for registration.
Amend Condition 3
to read as follows:
3. Landscaping
– An updated Landscape Plan shall be prepared and include the
following features and details prior to the issuing of the Construction
Certificate;
-
The north eastern section of the front yard to DW1 shall include lawn
and soft landscaped area as well as include one (1) mature tree being an Angophora
costata at minimum 75 litre pot/bag size to be planted along this side.
-
The landscape plan shall include some more formal shrubs and planting
along the southern and northern boundary along all dwellings.
-
The south western section of the rear yard at DW1 shall include more
substantial planting along this boundary south of the drying area to ensure
that the proposed landscaping screens the pool and entertaining area at the
rear. Plants like Lilli Pillis should be considered which reach a height of
2m.
-
Along the southern boundary at the rear yard of DW2 shall include
plants that reach a maximum mature height of 2m. The intention of this
condition is to soften the appearance of this space.
-
The swimming pool to DW2 shall be setback 1m from the rear boundary.
-
The rear yard of DW2 shall include lawn and grass.
-
Along the south eastern side of the site, adjoining the drying line to
DW3 along the southern boundary shall include a row of taller trees and
shrubs that reach an overall maximum height of 2m to assist in screening the
garage structure and associated elevated walkway.
-
The landscape plan shall incorporate more planting along the northern
side of DW4 now that the building has been moved further from the north to
assist with screening and softening this side.
-
Landscaping shall be retained and enhanced along the right of
carriageway.
Amend Condition 4
to read as follows:
4. Lighting –
The development shall be designed so that it is well lit especially at night
for residents and visitors. Low level lighting along the right of carriageway
should be installed to improve safety and comprise of solar powered
lights. Consideration should be given to provide lighting (preferably
solar powered or via sensors) along the right of carriageway to improve
safety. Details of the lighting design shall be provided to the CERTIFYING
AUTHORITY prior to the issue of the Construction Certificate. The design
shall ensure there is no light spill to adjoining properties.
Amend Condition
7(b) to read as follows:
7(b) An easement or covenant shall
be included for the rear most allotment to ensure that the IPA is maintained
in perpetuity and is maintained on title.
Amend Condition 30
to read as follows:
30. Structural details -
Engineer's details prepared by a practising Structural Engineer being used to
construct all reinforced concrete work in addition to retaining walls and
structures, structural beams, columns & other structural members.
The details are to be submitted to the Certifying Authority for approval
prior to construction of the specified works.
A copy shall be forwarded to
Council where Council is not the CERTIFYING AUTHORITY.
Amend Condition 32
to read as follows:
32. Geotechnical report -
The applicant must submit a Geotechnical Report, prepared by a professional
engineer specialising in geotechnical engineering who holds the relevant
Certificate of accreditation as required under the Building Professionals
Act 2005 in relation to dilapidation reports, all site works and
construction. This is to be submitted to the Certifying Authority before the
issue of the Construction Certificate and is to include:
(a)
Investigations certifying the stability of the site
and specifying the design constraints to be placed on the foundation, any
earthworks/stabilization works and any excavations.
(b)
Dilapidation Reports on the adjoining properties
including, but not limited to 954, 958 and 960 Forest Road and 1 Belmore Road
prior to any excavation of site works. The Dilapidation Report is to
include assessments on, but not limited to, the dwellings at those addresses
and any external paths, grounds etc. This must be submitted to the
CERTIFYING AUTHORITY and the adjoining residents as part of the application
for the Construction Certificate. Adjoining residents are to be
provided with the report five (5) working days prior to any works on the
site.
(c)
On-site guidance by a vibration specialist during the
early part of excavation.
(d)
Measures to minimise vibration damage and loss of
support to other buildings. Where possible any excavation into rock is to be
carried out with tools such as rock saws which reduce vibration to adjoining
buildings and associated structures. Where a hydraulic hammer is to be used
within 30m of any building (other than a path or a fence) the report shall
detail the maximum size of hammer to be used and provide all reasonable
recommendations to manage impacts.
(e)
Sides of the excavation are to be piered prior to any
excavation occurring to reinforce the walls of the excavation to prevent any
subsidence to the required setbacks and neighbouring sites.
Statement of
Reasons
·
The applicant has amended the
proposal from that originally submitted to address the reasons for refusal to
achieve a better planning and design outcome.
·
The Panel noted that there were no objections to the amended
proposal.
·
The proposed development complies with the requirements of the
relevant environmental planning instruments and any non-compliances with the
development control plan are minor and acceptable.
·
The proposed subdivision pattern complies with the minimum lot
size and is consistent with the subdivision pattern in the wider area.
·
The proposed development is
considered to be an appropriate scale and form for the site and the character
of the locality. Subject to the implementation of the recommended conditions,
the development will have no unacceptable adverse impacts upon the natural or
built environment.
· In consideration of the aforementioned reasons, the
proposed development is a suitable and planned use of the site and its
approval is in the public interest.
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