Determination
Approval
Pursuant to Section 4.16(1) of the
Environmental Planning and Assessment Act 1979, as amended, Development
Application No. DA2019/0431 for the demolition of existing structures and
construction of six multi-unit dwellings, associated vehicle accommodation,
an in-ground swimming pool, landscaping and site works at 799 Forest Road,
Peakhurst, is determined by granting deferred commencement consent to
the application subject to the conditions recommended in the report submitted
to the LPP meeting of 17 September 2020 except;
1. Add the
additional condition to Deferred Commencement in Schedule 1:-
c) Submission on
an internal elevation of the western façade to Dwellings 3-6 to
Council for review and approval which is consistent with the floor plans and
colours and finishes contained within the referenced plans.
2. Amend Condition
1 in Schedule 2 to include the following:-

3. To amend the
waste storage requirement in Condition 25 in Schedule 2 to read as follows:-
Waste storage - The waste storage area for Dwelling 1 is to
be relocated 1m behind the front alignment of the garage of that
dwelling. The proposal is to be amended to incorporate waste storage
area for Dwelling 3 within the common waste storage areas for Dwellings 2 - 4
at the centre of the site. This waste storage area maybe increased to
accommodate the required capacity.
4. To amend
Condition 25 in Schedule 2 to include the following additional required
design change:-
Landscaping
– The landscaping plan is to be amended to provide screen landscaping,
to achieve a minimum height of 4m, along the northern side of the garage to Dwelling
1.
5. Amend
Condition 34 in Schedule to add:
d) the provision
of additional screen landscaping as required in Condition 25.
Statement of Reasons
·
The proposed multi dwelling
housing development formed a permissible use within the R2 Low Density
Residential Zone within the Hurstville Local Environmental Plan 2012 at the
time the application was lodged and is covered by the savings provision of
the Hurstville Local Environmental Plan 2012.
·
The amended design is
suitable for the subject site as the objectives of the controls have been
reasonably satisfied and conforms with the objectives of the applicable planning
controls.
·
The amended proposal
provides good levels of amenity for future occupants and results in minimal
adverse material impacts on adjoining properties and surrounding development.
·
The Panel notes that an easement to drain water has been
registered over 4 Dawn Street Peakhurst and that the development requires the
provision of an On Site Detention system that will reduce the overland flow
of water off the site. And that Condition 3 of Schedule 2 requires the
upgrading of existing Council infrastructure within Dawn Street with all cost
to be borne by the developer.
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