AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Thursday, 05 November 2020

Time:

4.00pm

Venue:

Council Chambers, Civic Centre, Hurstville

Panel Members:

Adam Seton (Chairperson)

Helen Deegan (Expert Panel Member)

John Brockhoff (Expert Panel Member)

Fiona Prodromou (Community Representative)

 

  

1. On Site Inspections - 1.00pm – 3.30pm

a)    32 Montgomery Street Kogarah

b)    591-611 Princes Highway Blakhurst

c)    3 Cross Street Kyle Bay

d)    14-16 George Street Mortalde

 

 

 

 

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, 5 November 2020

Page 63

 

 

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

 

LPP056-20        3 Cross Street Kyle Bay – DA2020/0145

(Report by Senior Development Assessment Officer)

LPP057-20        32 Montgomery Street Kogarah – MOD2020/0148

(Report by Development Assessment Planner)

LPP058-20        14-16 George Street Mortdale – DA2019/0199

(Report by Senior Development Assessment Planner)

LPP059-20        591-611 Princes Highway Blakehurst – DA2020/0065

(Report by Independent Assessment)

 

 

 

 

4. Confirmation of Minutes

 


 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 05 November 2020

 

LPP Report No

LPP056-20

Development Application No

DA2020/0145

Site Address & Ward Locality

3 Cross Street Kyle Bay

Blakehurst Ward

Proposed Development

Demolition, pool removal and construction of new three storey dwelling house with swimming pool, landscaping and site works

Owners

Anastasi Christofi and Selma Harrison

Applicant

Anastasi Christofi and Selma Harrison

Planner/Architect

Planner: Planning Ingenuity, Architect: David Dechiara

Date Of Lodgement

17/04/2020

Submissions

Five (5) submissions received

Cost of Works

$861,850.00

Local Planning Panel Criteria

Five (5) submissions received for a dwelling house under Council Delegation requires the application to be determined by the Georges River Local Planning Panel.

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

Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Act 2000, State Environmental Planning Policy No. 55 Remediation of Land,

State Environmental Planning Policy (Building and Sustainability Index: 2004), State Environmental Planning Policy – Infrastructure, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2007, Greater Regional Environmental Planning Policy No 2 – Georges River Catchment, Draft Environmental State Environmental Planning Policy, Draft Remediation State Environmental Planning Policy,

Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013, Draft Georges River Local Environmental Plan 2020, Georges River Council Interim Policy

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

Architectural Plans

 

 

 

Report prepared by

Senior Development Assessment Officer

 

 

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, conditions viewable upon publishing of this report

 

Site Plan

Figure 1: Aerial Extract of subject site (3 Cross Street, Kyle Bay) outlined in blue (Source: GRC Intramaps 2020)

 

EXECUTIVE SUMMARY

Proposal

1.         The development application seeks development consent for demolition, pool removal and construction of new three (3) storey dwelling house with swimming pool, landscaping and site works on the land known as 3 Cross Street, Kyle Bay.

 

2.         Council raised concerns with the proposal and requested the applicant amend the proposal. The amended plans are the subject of this assessment report in which the proposal was reduced in height, incorporated increased setbacks and additional information was provided for Council’s consideration.

 

3.         The amended proposal seeks variations to the Kogarah Development Control Plan 2013 relating to:

 

·      first floor 60% rear setback;

·      maximum upper ceiling height;

·      maximum dwelling flat roof height; and

·      façade articulation.

 

4.         It is noted that the applicant has subsequently amended the proposal to comply with the 9m height limit under Clause 4.3 Height of Building under the Kogarah Local Environmental Plan 2012.

 

5.         The variations sought are considered to be acceptable in this instance and are supported on planning merit.

 

6.         The proposal complies with the key design aspects of the planning controls regarding; floor space, height of the buildings, onsite car parking, landscaping, private open space, tree protection and engineering.

 

7.         The proposal is supported by Council’s Consulting Arborist and Development Engineer.

 

8.         The proposal was referred to Ausgrid and is supported subject to conditions of consent.

 

Site and Locality

9.         The site is legally described as Lot A DP 375896 and is known as 3 Cross Street, Kyle Bay. The site forms a regular shaped corner allotment. The dwelling faces Cross Street with the driveway access being off Boronia Street.

 

10.      The site has dimensions of 26.54m along the southern front boundary to Cross Street, a splay to Boronia Street of 4.43m, 26.02m along the eastern side boundary, 29.56m along the northern rear boundary, 21.41m along the western secondary frontage to Boronia Street, Kyle Bay with a total site area of 741.2sqm (DP 733.5sqm). The site falls from rear north east corner (RL28.28) to the south western corner (RL24.98) resulting in a change in level of 3.3m.

 

11.      A two (2) storey masonry “U” shaped dwelling is presently located on site, with an in-ground swimming pool located within the rear setback. A concrete driveway provides vehicular access from Boronia Street.

 

12.      Infrastructure pits and poles exist within the Council road reserve.

 

13.      The immediate surrounding area comprises residential uses comprising of dwelling houses and dual occupancies of varying architectural styles and designs. The streetscape is undergoing transitional change from established dwellings to contemporary infill development. 

 

Zoning and Permissibility

14.      The site is zoned R2 Low Density Residential pursuant to the Kogarah Local Environmental Plan 2012 (LEP). The proposal seeks consent for a dwelling house and ancillary swimming pool.

 

Submissions

15.      The proposal was notified and renotified following the receipt of the amended proposal in accordance with the provisions of Council’s notification policy. The amended plans which form the part of the assessment report generate a lesser impact than the previous notified proposals. The assessed proposal has been reduced in height and reduced in building footprint. As a result re-notification was not required.

 

16.      In total, five (5) submissions were received of which raised concerns relating to bulk and scale, privacy, inconsistent information, overshadowing, privacy and amenity impacts generated by the proposed works. The concerns raised have been considered and are addressed in detail within the body of this report.

 

Conclusion

17.      That the development application be supported subject to conditions of consent.

 

REPORT IN FULL

Proposal

18.      The development application seeks development consent for demolition, pool removal and construction of new three storey dwelling house with swimming pool, landscaping and site works on land known as 3 Cross Street, Kyle Bay.

 

Figure 2: Extract Southern front elevation fronting Cross Street, Kyle Bay (Source: David Dechiara, 2020).

 

19.      In detail, the particulars of the development application are described as follows;

 

Demolition

·      Demolition works, pool removal and the removal of four (4) trees on site.

 

Lower ground floor

·      Double garage, internal stairs, storage room and internal lift;

 

Ground floor

·   Porch, entry, guest, study, bathroom, lounge, dining, living, kitchen, walk in pantry, laundry, internal stairs, rear alfresco area and a ‘wrap around’ verandah to the northern and western facades;

 

First floor

·      Four (4) bedrooms each with walk in robe and ensuite, front balcony fronting Cross Street, a ‘wrap around’ terrace and planter to the northern and western facades, void above entry and the ground floor lounge room.

 

Ancillary works

·      In-ground swimming pool within rear setback dimensioned 8m in length and 4m in width;

·      Driveway to Boronia Street; and

·      Associated landscaping, retaining walls, building and engineering works.

 

Figure 3: Extract of site plan (Source: David Dechiara, 2020).

 

The Site and Locality

20.      The site is legally described as Lot A, DP 375896 and is known as 3 Cross Street, Kyle Bay. The site forms an irregular rectangular shaped corner allotment fronting Cross Street with a secondary frontage to Boronia Street, both are local roads.

 

21.      The site is dimensioned as follows; 26.54m along the southern front boundary to Cross Street, Kyle Bay, 26.02m along the eastern side boundary, 29.56m along the northern rear boundary, 21.41m along the western secondary frontage to Boronia Street, Kyle Bay, 4.43m along the south west corner splay with a total site area of 741.2sqm (DP 733.5sqm). The site falls from rear north east corner (RL28.28 high) to the south west corner splay frontage to (RL24.98 low) resulting in a fall of 3.3m.

 

22.      A part two (2) storey masonry “U” shaped dwelling is currently located centrally on site. An in ground swimming pool is located within the rear setback. A concrete driveway provides vehicular access along the secondary frontage to Boronia Street.

 

23.      Three (3) Telstra pits are located within the road reserve.

 

24.      The immediate surrounding area comprises residential uses comprising of dwelling houses and dual occupancies of varying architectural styles and designs. The streetscape is undergoing transitional change from established dwellings to contemporary infill development. 

 

Figure 4: Photograph of subject site (3 Cross Street, Kyle Bay) viewed from Boronia Street, Kyle Bay   (Source: GRC, 2020).

 

Figure 5: Photograph of subject site (3 Cross Street, Kyle Bay) viewed from Boronia Street, Kyle Bay (Source: GRC, 2020).

 

Figure 6: Photograph of adjoining northern property, 52 Boronia Street, Kyle Bay (Source: GRC, 2020).

 

25.      The immediate surrounding area is zoned R2 Low Density Residential under the Kogarah Local Environmental Plan 2012. Adjoining the site comprises of a mixture of dwelling houses, dual occupancies of varying architectural styles and designs.

 

Figure 7: Extract of KLEP 2012 with subject site outlined in blue (3 Cross Street, Kyle Bay) (Source: GRC Intramaps, 2020).

 

26.      The streetscape is undergoing transitional change from established dwellings to contemporary infill development. 

 

Background

27.      Council records indicate that the subject site has been used for residential purposes, with a dwelling house currently occupying the site.

 

28.      This development application was lodged on 17 April 2020 for demolition, pool removal and construction of new three (3) storey dwelling house with swimming pool, landscaping and site works. 

 

29.      A request for additional information letter was sent to the applicant advising that the application in its lodged form was not supported, and the applicant was provided an opportunity to amend the plans to better address Council’s controls.

 

30.      Amended plans and documentation were received by Council and have been accepted under Clause 55(2) Amendment of Development Application under The Environmental Planning and Assessment Regulations 2000.

 

31.      On 26 June 2020 Council advised the applicant’s architect that the height is measured in accordance with the definition of “Height” within the Standard Instrument and therefore would be taken from the existing garage slab.

 

32.      The applicant provided amended plans on 6 July 2020, justification and a Clause 4.6 Exception to Development Standard for the Height of Building.

 

33.      On 22 July 2020 the applicant’s architect was advised to explore reducing the slab thickness and floor to ceiling heights to comply with the height of building and that a variation to the height of building was unlikely to be supported.

 

34.      On 23 July 2020 the applicant’s architect provided amended plans and an accompanying letter from the applicant’s town planner stating the design changes required to comply with the 9m height of building has been achieved and that the Clause 4.6 Exception to Development Standard was no longer required.

 

35.      Council sent a request to the applicant to cloud the proposed changes on 23 July 2020.

 

36.      Amended plans were received from the applicant’s architect on 27 July 2020.

 

37.      The applicant was advised on 7 October 2020 to provide amended architectural plans to correctly reflect a maximum 9m height of building, increased front setbacks to Cross Street and revised BASIX Certificate.

 

38.      Revised documentation was received on 13 October 2020. The assessment report is based on these revised plans.

 

Compliance and Assessment

39.      The development has been assessed having regarding to Matters for Consideration under Section 4.15(1) of the Environmental Planning and Assessment Act 1979.

 

Section 4.15 Evaluation

40.      The following is an assessment of the application with regard to Section 4.15(1) Evaluation of the Environmental Planning and Assessment Act 1979.

 

(1)  Matters for consideration - general

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

 

The provision of:

(i)    Any environmental planning instrument,

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

41.      Compliance with the relevant State Environmental Planning Policies (SEPP) is detailed below.

 

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

42.      SEPP 55 aims to promote the remediation of contaminated land in order to reduce the risk of harm to human health or any other aspect of the environment. Clause 7 requires contamination and remediation to be considered in determining a development application. The consent authority must not consent to the carrying out of development on land unless it has considered whether or not the land is contaminated.

 

43.      A review of the site history indicates that the site has been used for residential purposes for extended periods of time, and such uses and/or development are not typically associated with activities that would result in the contamination of the site. The proposed works do not include any change to the use of the land that would result in any concerns with respect to contamination. There is no indication of previous uses that would cause contamination. In this regard the SEPP has been satisfied.

 

STATE ENVIRONMENTAL PLANNING POLICY (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

44.      The trigger for BASIX Certification is when the estimated cost of works for residential development (new dwelling(s)/alterations and additions) is equal to or above $50,000. The proposal results in a cost of works of $862,850.00. A BASIX Certification is also triggered when proposing a swimming pool with a volume of 40,000 litres. A BASIX Certificate referenced 1088001S_03 dated 9 October 2020 prepared by Sustainability-Z Pty Ltd has been submitted with the Development Application satisfying the minimum requirements of SEPP (Building Sustainability Index: BASIX) 2004. The DA requirements of the BASIX Certificate have been detailed on the plans. In this regard, the proposal has adequately satisfied the requirements of the SEPP.

 

STATE ENVIRONMENTAL PLANNING POLICY (VEGETATION IN NON-RURAL AREAS) 2017

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

 

46.      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). 

 

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

 

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

 

49.      An arborist report prepared by The Ents Tree Consultancy was provided in support of the proposal. 

 

50.      The proposal has been assessed and is supported by Council’s consulting arborist whom supports the following; to protect three (3) trees, prune one (1) tree and remove four (4) trees on site subject to conditions of consent which include suitable replacement landscaping and eight (8) trees to embellish the site.

 

51.      In addition, to minimise privacy between the subject site and adjoining property to the north the following landscaped condition has been imposed prior to issue of the Construction Certificate.

 

·    A row of Syzyguim Cascade - Lilly Pilly’s are to be indicated on the landscape plan parallel with the northern rear boundary with a minimum 25 Litre pot size and spacing of 1m.

 

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 — GEORGES RIVER CATCHMENT

52.      The main aims and objectives of this plan include but are not limited to the following:

 

·      To maintain and improve the water quality and river flows of the Georges River and its tributaries and ensure that development is managed in a manner that is in keeping with the national, State, regional and local significance of the Catchment,

 

·      To protect and enhance the environmental quality of the Catchment for the benefit of all users through the management and use of the resources in the Catchment in an ecologically sustainable manner,

 

·      To ensure consistency with local environmental plans and also in the delivery of the principles of ecologically sustainable development in the assessment of development within the Catchment where there is potential to impact adversely on groundwater and on the water quality and river flows within the Georges River or its tributaries,

 

·      To establish a consistent and coordinated approach to environmental planning and assessment for land along the Georges River and its tributaries and to promote integrated catchment management policies and programs in the planning and management of the Catchment,

 

53.      The proposed stormwater drainage system which seeks to drain to Boronia Street, Kyle Bay has been assessed by Council’s Development Engineer and is satisfactory subject to conditions of consent.

 

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

DRAFT ENVIRONMENTAL SEPP

54.      The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018. This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland and Willandra Lakes World Heritage Property. Changes proposed include consolidating the following seven existing SEPPs:

 

·      State Environmental Planning Policy No. 19 – Bushland in Urban Areas;

·      State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011;

·      State Environmental Planning Policy No. 50 – Canal Estate Development;

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

·      Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997);

·      Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005;

·      Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property.

 

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

 

DRAFT REMEDIATION OF LAND SEPP

56.      The Draft Remediation of Land SEPP was exhibited from 31 January 2018 to 13 April 2018. The proposed remediation of land SEPP will:

 

·      Provide a state-wide planning framework for the remediation of land;

·      Maintain the objectives and reinforce those aspects of the existing framework that have worked well;

·      Require planning authorities to consider the potential for land to be contaminated when determining development applications and rezoning land;

·      Clearly list the remediation works that require development consent;

·      Introduce certification and operational requirements for remediation works that can be undertaken without development consent.

 

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

 

KOGARAH LOCAL ENVIRONMENTAL PLAN 2012

58.      The provisions of this Local Environmental Plan are relevant to the proposal. The extent to which the proposal complies with the relevant standards of Kogarah Local Environmental Plan 2012 (LEP2012) is outlined in the table below.

 

Part 2 – Permitted or Prohibited Development

59.      The proposal seeks development consent for a “dwelling house” which is a permissible form of development with consent.

 

Clause 2.1 – Land Use Zones

60.      The subject site is zoned R2 Low Density Residential. The proposal is consistent with the objectives of the zone as per below;

 

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

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

 

61.      Comment: The proposal is considered is not considered to be inconsistent with the objectives of the zone by virtue of the design of the proposal.

 

Applicable LEP Clause

Standards

Proposal

Complies

1.2 Aims of the Plan

Aims of the Plan to be satisfied

Aims reasonably satisfied given the design of the proposal.

Yes

2.7 Demolition

Demolition requires consent.

Consent sought for demolition of the existing dwelling and swimming pool.

Yes

4.3 Height of Buildings

9m as identified on Height of Buildings Map

9m (RL34.15 along  south- western corner fronting Boronia Street, Kyle Bay)

Yes

4.4 Floor Space Ratio

0.55:1 as identified on the Floor Space Ratio Map (733.5sqm)

Maximum permitted: 382.55sqm under Clause 4.4A below

358sqm (0.488:1)

 

 

 

Yes

 

 

 

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

Site area = 733.5sqm

less than 800 square metres but not less than 650 square metres

[(lot area − 650) × 0.3 + 357.5] ÷ lot area:1

Site Area: 733.5sqm

= 382.55sqm

0.521:1

As above.

As above.

Yes

 

Part 5 - Miscellaneous Provisions

Applicable LEP Clause

Standards

Proposal

Complies

5.10 Heritage Conservation

(1) Objectives: The objectives of this clause are as follows:

(a)  to conserve the environmental heritage of Kogarah,

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

(c) to conserve archaeological sites,

(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.

The site has not been identified as a heritage item nor located in a heritage conservation area as per the KLEP 2012 Heritage Map.

 

Yes

 

Part 6 - Additional Local Provisions

Applicable LEP Clause

Standards

Proposal

Complies

6.1 Acid Sulfate Soils

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

The site has been identified as being located in an Acid Sulfate Area Class 5 as per the KLEP 2012 Acid Sulfate Soils Map. The proposed works are not considered to be inconsistent with the objectives of this clause given that the extent of excavation is above 5m AHD.

Yes

6.2 Earthworks

Earthworks objectives to be satisfied.

Consent for earthworks is commensurate with other developments within the locality.

Yes

 

Aims of Plan

62.      The particular aims of the Kogarah Local Environmental Plan 2012 in relation to Clause 1.2 (2) are as listed below:

 

(2)  The particular aims of this Plan are as follows—

(a)  to guide the orderly and sustainable development of Kogarah,

(b)  to encourage a diversity of housing choice suited to meet the needs of the current and future residents of Kogarah,

(c)  to promote economic development and facilitate the continued growth of commercial, medical-related and industrial employment-generating opportunities,

(d)  to protect and enhance Kogarah’s natural environment, foreshores and waterways,

(e)  to provide high quality open space and a range of recreational areas and facilities suited to meet the needs of the residents of Kogarah and its visitors,

(f)  to conserve Kogarah’s environmental heritage.

 

63.      The proposal satisfies the aims of the plan. The proposal is a permissible use and complies with the development standards and zone objectives within the KLEP2012.

 

DRAFT GEORGES RIVER LOCAL ENVIRONMENTAL PLAN 2020

64.      Consideration is given to the provisions of Draft Georges River Local Environmental Plan 2020 in the assessment this application.

 

65.      In this regard, the provisions have no determining weight as a result of proposed operation of Clause “1.8A Savings provisions relating to development applications” of the Draft Plan which provides “If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this plan had not commenced.”

 

DEVELOPMENT CONTROL PLANS

Kogarah Development Control Plan 2013

66.      The proposed development is subject to the provisions of the Kogarah Development Control Plan 2013 (KDCP 2013). The following comments are made with respect to the proposal satisfying the objectives and controls contained within the DCP. The proposal has been considered in accordance with the following subsections.

 

Part B KDCP 2013

Applicable DCP Controls

DCP Provisions

Development Provisions

Complies

 

B2 – Tree Management and Green Web

Requirements of subsection to be satisfied

The proposal is supported by Council’s Consulting Arborist subject conditions of consent including replacement plantings. 

Yes

B4 – Parking and Traffic

2 car spaces

 

2 car spaces proposed within a double garage accessed from Boronia Street, Kyle Bay. 

Yes

B5 – Waste Management and Minimisation

Requirements to of subsection to be satisfied

 

A satisfactory waste management plan has been provided which forms part of the conditions of consent.

Yes

B6 – Water Management

Requirements of subsection to be satisfied

 

The criterion in relation to water management has been satisfied. The stormwater management system is considered acceptable by Council’s Development Engineer subject to conditions of consent.

Yes

B7– Environmental Management

Requirements of subsection to be satisfied

The criterion of this clause has been satisfied.

Yes

 

C – Residential

C1 – Low Density Housing

67.      The key controls relating to dwelling houses have been considered as per below.

 

1. Design Requirements

Control

Requirement

Proposal

Complies

1.1 Streetscape Character

1. A Streetscape Character Analysis (SCA) must be submitted as part of any Development Application for the new dwelling.

 

2. The SCA should comprise an analysis of both the existing streetscape and the future desirable streetscape.

An appropriate Streetscape Character Analysis has been submitted with the DA.

 

 

 

The analysis plan has considered both the existing and future streetscape.

 

Yes

 

 

 

 

 

 

Yes

1.2 Building Scale and Height

1.2.1 Floor space Requirements

 

(1) The floor space ratio for dwelling houses must comply with the requirements in the table below:

 

Site Area: 733.5sqm

 

Site Area:

Maximum FSR: 0.521:1

 

(3) Notwithstanding compliance with the numerical requirements in Table 1, applicants must demonstrate that the bulk and relative mass of the proposed development is acceptable in the street and on adjoining dwellings, in terms of the following impacts:

 

(i) streetscape considerations (bulk and scale);

(ii) building setbacks;

(iii) landscape requirements;

 

 

 

 

 

 

(iv) the existence of significant trees/vegetation on site;

 

 

(v) the size and shape of the allotment; and

 

 

 

(vi) topography of the site.

 

 

 

 

 

(5) Blank walls and flat facades should be avoided. Walls longer than 10m should be articulated by a minimum 300mm projection or indentation in the façade.

 

 

(6) The overall building should present a building mass that is in proportion with the allotment size, provides opportunities for modulation and articulation of the building and does not detract from the satisfaction of any other applicable design principle.

 

(7) Where proposed development includes a two (2) residential level element, then the second level should not extend beyond 60% of the depth of the allotment measured from the street boundary. Where side boundaries are of varying length, the second level is limited to a line across the block between the points on both boundaries.

Control: 60% x26.02m = 15.61m

 

 

 

 

 

 

0.488:1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The bulk and relative mass of the proposed development is considered reasonable given the site dimensions, context and topography of site whereby the dwelling is also stepped with the site and contains modulation along the vertical and horizontal planes.

 

The proposal is supported by Council’s Consulting Arborist subject to conditions.

 

The allotment is rectangular; the proposal is reasonably sited and appropriate for the site.

 

The site falls from rear north east corner (RL28.28) to the south west corner splay frontage to (RL24.98) resulting in a fall of 3.3m.

 

All facades are not greater than 10m without any articulation. The design incorporates balconies and formwork to provide perceived depth when viewed from the public domain.

 

The overall building presents a building mass that is proportionate with the allotment size and provides opportunities for modulation through balconies, planters and terraces.

 

 

 

 

Proposed:

Ground floor verandah maximum encroachment 19.1m (73.4%), with the ground floor, first floor and rear first floor verandah also encroaching the 60%.

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

No (1), refer to discussion below.

 

 

 

 

 

 

 

 

 

 

 

 

(1) Rear 60% first floor maximum depth

Council controls prescribe a maximum 60% rear maximum depth of the site equating to 15.61m. The proposal results in the following variations as follows: Due to the cross slope of the site the garage level by definition is a storey. The ground floor plan is effectively the first floor for assessment purposes. This level has an elevated verandah seeks a balcony at RL28.0 with the northern edge of this balcony having a rear setback of 5.447m – 6,002m. Due to the elevated nature of this verandah angled privacy louvers have been conditioned to be installed along the northern edge of the verandah to provide amenity between properties.

 

The proposal results in the ground floor verandah having a maximum depth of 19.1m (73.4%), with the ground floor, ground floor alfresco, first floor and rear first floor verandah also encroaching beyond the 60% depth of the site.

 

Figure 8: Extract of site plan (Source: David Dechiara, 2020).

 

·    The subject site is considered to form a relatively narrow allotment with a site depth of 26.02m with the existing dwelling orientated to Cross Street. The proposed new dwelling house seeks to retain the dwelling orientation to Cross Street. The additional massing along the secondary frontage to Boronia Street, Kyle Bay reinforces this street edge with appropriate massing, setbacks and articulation.

 

·    The extent of the variation is not considered to be unreasonable and does not result in any unacceptable amenity impacts in relation to solar access given that additional overshadowing impacts fall onto the street and within the subject site.

 

·    The extent of the variation does not result in any unacceptable privacy impacts.

 

·    The extent of the variation does not result in unreasonable bulk and scale impacts given the proposed setbacks, modulation and architectural elements providing an articulated built form to the public domain and neighbouring properties. The proposed built form is considered to reinforce the street corner and secondary frontage to Boronia Street, Kyle Bay without unreasonably detracting from the existing streetscape.

 

The proposed extent of the variation is considered to be reasonable given the objectives of the controls and is supported on planning merit.

 

Note: The ground floor alfresco area is located on natural ground level as a result there are no privacy impacts.

 

The first floor terrace has planter boxes to its perimeter to minimise the walkable area and to provide a landscaping buffer to reduce the extent of overlooking.

 

The ground floor veranda impacts have been mitigated through the imposition of a condition requiring fixed angled louvers along the northern edge of this balcony.

 

Additional tree planting conditioned along the rear boundary.

 

Also a condition has been imposed that the larger upper planter not be converted to be an extension of the terrace area.

1.2.2 Building Heights

 

(1) The maximum building height must comply with the requirements specified in table below:

 

7.2m to the underside of the upper ceiling;

 

 

 

 

7.8m to the top of the parapet;

 

 

 

 (2) The maximum number of residential levels is two (2), except where the site has a slope exceeding 1:8 (12.5%), where the maximum number of residential levels is three (3).

 

(3) Regardless of the number of levels, the maximum height of the building must be consistent with the maximum height requirements.

 

(10) Rooftop terraces are prohibited in dwelling houses, dual occupancy development and secondary dwellings.

 

 

 

 

 

 

Range: 6.0m - 8.65m (RL33.8)

 

 

 

 

Range: 6.9 - 9m (RL34.15)

 

 

 

 

The slope is greater than 1:8. The proposed application seeks approval for a predominantly two storey dwelling with a minor three storey element due to the topography of the site.

 

 

The proposed development complies with the maximum height requirement of 9m.

 

 

 

 

 

No rooftop terrace is proposed.

 

 

 

 

 

 

 

 

 

No (2) refer to discussion below.

 

 

No (3) refer to discussion below.

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

N/A

(2) Maximum height underside of ceiling

Council’s controls prescribe a maximum height to the underside of the ceiling being 7.2m. The proposal seeks a variation to this control which ranges from 6.0m to 8.65m. The proposed variation is considered to be acceptable for the following reasons:

 

Figure 9: Extract of the cross section of the proposed dwelling fronting Boronia Street, Kyle Bay (Source: David Dechiara, 2020).

 

·   The extent of the variation is due to the existing lower garage of the dwelling house being excavated into the slope of the land.

·   The extent of the variation incorporates modulation along the vertical and horizontal planes which does not result in any unreasonable bulk and scale visual impacts and is considered to be commensurate with other infill development.

·   The extent of the variation does not result in any unacceptable impacts in relation to solar access as this additional overshadowing impact falls onto the street and within the subject allotment.

·   The extent of the variation does not result in unacceptable privacy impacts given that the additional ceiling height comprises the void area which does not result in additional privacy impacts to the adjoining northern neighbouring property.

·   The extent of the variation complies with the 9m Height of Building as prescribed within the Kogarah Local Environmental Plan 2013.

 

For the above reasons, the proposed variation is supported as the objectives of the control has been reasonably satisfied as no adverse material bulk and scale impacts arise from this variation, and further that no unreasonable amenity impacts are generated by this variation.

(3) Maximum the top of the parapet (flat roof)

Council’s controls prescribe a maximum top of parapet height for dwellings with flat roofs of 7.8m.

 

Figure 10: Extract northern rear elevation (Source: David Dechiara, 2020).

 

The proposal seeks a variation to this control which ranges from 6.8m to 9m (RL 34.15) due to the slope of the site. The applicant has demonstrated that the height of building does not to exceed 9m. The proposed variation is considered to be acceptable for the following reasons:

 

·    The extent of the variation is due to the existing lower garage of the dwelling house being excavated into the slope of the land which does not result in any unreasonable visual impacts when viewed from the public domain.

·    The extent of the variation does not result in an breach of the 9m Height of Building control as prescribed within the Kogarah Local Environmental Plan 2013.

·    Further to the above, the extent of the variation does not result in any unacceptable impacts in relation to solar access as this additional overshadowing impact falls on the street and within the subject site.

 

For the above reasons, the proposed variation is supported as the objectives of the controls have been reasonably satisfied in relation to bulk and scale, and further that no unreasonable amenity impacts are generated by this variation.

1.2.3 Rhythm of the Built Elements in the Streetscape

 

(1) The primary building façade should not exceed 40% of the overall width of the total frontage.

 

 

 

 

 

 

 

 

(3) Where the dominant built form in the streetscape provides for a pitched hip or gable ended presentation to the street, the new buildings and/or additions should reflect that roof form.

Primary building façade does not exceed 40% which is taken to be that of the first floor wall which is setback 5.5m from Cross Street. The proposal provides sufficient contemporary articulation, modulation along the horizontal and vertical planes.

 

The proposed development incorporates skillion roofs behind parapets which is compatible with the existing streetscape and is consistent with modern contemporary construction.

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

1.2.4 Building Setbacks

 

 

 

1.2.4.2 Front Setbacks

 

(1) Where the setback of an adjacent building is greater than 5m, an appropriate setback may be achieved by ensuring development is set back:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2) The secondary front façade should be setback a minimum 1.5m from the primary building façade.

 

 

 

 

 

 

 

 

 

 

 

 

(3) Where a development has two (2) streets, then the setback to the secondary street shall be 1.2m, with the exception of dual occupancy (detached), where the setback to the secondary shall be 4.5m.

 

Figure 12 Setbacks for single dwellings two street frontages illustrates a front setback of 5.5m to the primary road and 1.2m to the secondary road.

 

 

1.2.4.3 Side and Rear Setbacks

 

(1) The side and rear boundary setbacks should comply with the table below.

 

Dwelling Type

Single dwelling

 

Rear Setback

Buildings are to have a minimum rear setback of

15% x 26.95m = 4.04m (not applicable – 6m rear setback is greater)

 

 

 

Where the existing pattern of development displays an established rear setback, development should recognise and respond to site features and cross views of neighbouring properties.

 

Side Setbacks

For buildings having a wall height of 3.5m or less, the minimum side boundary setback is 900mm.

 

For buildings having a wall height of greater than 3.5m, the minimum side boundary setback is 1200mm.

 

 

Proposed Front Setback: Ground floor: 5,700mm – 6,000mm for the dwelling façade and 5,000mm for front porch (articulation).

 

First floor: 5,500mm – 7,000mm.

 

It is noted that the site forms a corner site whereby a setback of 5.5m is prescribed.  The adjoining property to the east at 1 Cross Street, Kyle Bay, contains a front setback of 5,930mm to the solid wall and 5,300mm from the eave.

 

The proposal seeks a 1.2m recess for the façade of the dwelling at the first floor as the wall is behind a 1.2m wide balcony. There is an additional indentation of from the façade of the dwelling to the fixed glazing to the void area.

This is considered to be acceptable as the proposal adopts a contemporary modulation similar to that of other dwelling houses approved within the locality.

 

The proposal forms a dwelling house with a secondary frontage to Boronia Street, Kyle Bay with the planter extending to within 2.4m to the western street boundary.

 

 

 

The proposal complies as the front setback, with the exception of the porch, has a setback of a minimum of 5.7m with a secondary setback of 2.2m to the verandah.

 

 

 

 

 

 

 

 

 

 

 

 

 

The application is for a single dwelling.

 

Proposed Rear Setback: 9.5m (ground floor solid wall), 5.44m to the rear verandah

 

No apparent established rear setback alignment, however the rear setback alignment is similar to that of the adjoining eastern property at 1 Cross Street, Kyle Bay.

 

 

 

1,039mm to eastern side boundary.

 

 

 

 

2,444mm to eastern side boundary.

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

1.2.5 Fenestration and External Materials

(1) New buildings and alterations and additions should present a primary building façade and roofing that is constructed of materials, and within a colour range, that is complementary to the dominant character of buildings in the streetscape.

 

(2) Garage doors should not dominate the street front elevation (Figure 16).

 

 

 

(3) The roof should be similar to the angle of pitch, materials and colour of roofs in the streetscape (Figure 14).

 

 

(4) The colours of garages, window frames, and balustrading on main facades and elevations are to be integrated with the external design of the building.

 

(5) Glazing shall be limited to a maximum 35% of the total area of the overall street front façade. This includes both primary and secondary façade bays (Figure 15).

 

(6) Where garaging is in the front façade it should be limited to a maximum of two garage bays, with separate garage door openings of a maximum width of 3 metres.

The proposed development is considered to be consistent with modern contemporary development in the locality.

 

 

 

 

 

 

 

The garage door is located in the elevation of the secondary street frontage being Boronia Street, Kyle Bay.

 

This is considered to be consistent with the emerging streetscape and not inconsistent with similar infill developments recently constructed.

 

A materials and colours schedule has been provided which is considered comparable with recently constructed contemporary development.

 

Glazing to the front façade is 33.59% (52.17sqm) along Cross Street, Kyle Bay.

 

 

 

 

The dwelling contains a double garage with a single double width door opening being 5m in width accessed from Boronia Street.

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

1.2.6 Street Edge

(3) Existing vegetation in the front building line setback or on the street verge that contributes to the character of the streetscape should be preserved.

 

 

 

(4) The driveway location should not result in the removal of any street trees or removal of substantial trees on the site.

The proposal seeks to retain the trees on site and replace trees to embellish the streetscape. The proposal does not result in the removal of any street tree on the road reserve to accommodate the driveway crossing.

 

The proposed removal of insignificant shrubs less than 1.5m in height is supported by Council’s Consulting Arborist to accommodate the driveway crossing.

Yes

 

 

 

 

 

 

 

 

 

Yes

 

1.3 Open Space

 

(1) 15% of the site area must be deep soil landscaped area.

Site Area: 733.5sqm

15% x 733.5sqm = 110.02sqm.

 

(2) Private open space should be adjacent to and visible from the main living and/or dining rooms and be accessible from those areas.

 

(3) Development should take advantage of opportunities to provide north facing private open space to achieve comfortable year round use.

 

(4) Where soil and drainage conditions are suitable, unpaved or unsealed landscaped areas should be maximised and designed to facilitate on site infiltration of stormwater.

 

(5) Existing significant trees and vegetation must be incorporated into proposed landscape treatment.

 

Proposed: 292sqm equating to 39.80%

 

 

 

 

 

The private open space is adjacent to the main living areas on the ground floor.

 

 

 

 

The site is north-south orientated whereby the rear of the site is located to the north.

 

 

 

 

The proposal provides soft landscaping around the building footprint which assists in the filtration of water.

 

 

 

 

The proposed removal of four (4) trees and retention of three (3) trees are supported by Council’s Consultant Arborist subject to conditions of consent.

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

1.4 Vehicular access, parking and circulation

 

(1) Car parking is to be provided in accordance with the requirements in Section B4.

 

(2) On corner sites with two street frontages vehicular access should be provided to the secondary frontage.

 

 

(4) 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.

 

(5) Garaging should be setback behind the primary façade.

 

 

 

 

 

 

 

(6) The maximum driveway width between the street boundary and the primary building façade is 4m.

 

(11) Storage areas within basements or garages must not exceed 10sqm per dwelling (with a minimum width of 500mm).

 

(12) Car parking layout and vehicular access requirements and design are to be in accordance with the Australian Standards, in particular AS 2890.1-2004.

Complies. Two (2) car spaces proposed within the garage level.

 

 

Vehicular access is via the secondary street frontage of Boronia Street, Kyle Bay and is sufficiently located away from the tangent point.

 

The proposal does not result in the removal of any trees on the road reserve. There is a tree within the site boundary that is being removed to accommodate the driveway.

 

 

The proposed garage is located fronting Boronia Street being the secondary street frontage with the ground floor verandah which is cantilevered appearing recessed when viewed from Boronia Street.

 

The proposed driveway of Boronia Street has a width of 4m.

 

 

 

A storage area is proposed within the lower ground floor level.

 

 

 

 

A condition of consent will ensure compliance with this control. Two (2) garage spaces are contained within the lower ground floor level to service the dwelling house.

Yes

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

1.5 Privacy

1.5.2 Acoustic Privacy

(1) Windows from active rooms are to be offset between adjacent dwellings so as to avoid direct overlooking onto neighbouring windows.

 

(2) Where terraces and balconies are proposed and are elevated more than 1.5m above ground level (finished) and are located behind the street front façade, they are restricted to a maximum width of 2.5m and must be setback a minimum 3m from any adjoining property boundary

 

 

 

 

(3) The area of balconies or terraces greater than 1.5m above ground level is limited to a cumulative total of 40sqm per dwelling.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(4) Council may consider a variation to the above requirements where it is considered that the terrace or balcony will not result in a loss of privacy to neighbouring properties.

 

(5) For active rooms or balconies on an upper level, the design should incorporate placement of room windows or screening devices to only allow oblique views to adjoining properties (Figures 18 and 19).

 

(6) Loss of privacy to neighbouring properties, as a result of a proposed development, will only be considered where a variation is sought to the objective or the design solution for floorspace ratio, building height, building envelope, side boundary setbacks, extent of second level development or size of balcony/terrace.

 

(7) In these circumstances, Council will undertake an assessment of the impact of the proposed development on the neighbouring properties having regard to: (i) The types of rooms that are located on the upper levels; (ii) Whether the rooms are “active” or “non-active” (iii) The size and location of proposed upper level windows, balconies, terraces and any other area (elevated more than 1500mm above ground level). (iv) The extent of overlooking onto neighbouring properties. (v) Notwithstanding the above, where rooms on the upper levels are “non-active”,

 

Residential development adjacent to a rail corridor or a busy road should be designed and sited to minimise noise impacts Refer to requirements in State Environmental Planning Policy – Infrastructure and the NSW Department of Planning’s Development near Rail Corridors and Busy Roads – Interim Guidelines.

Windows are appropriately offset from adjoining properties.

 

 

 

 

The proposal seeks a variation to this clause whereby the ground floor terrace seeks a width greater than 2.5m and is located above 1.5m due to the slope of the site and sitting of the existing dwelling.  The proposal seeks balconies which are located forward of the front façade however are located more than 3m away from any adjoining residential property boundary.

 

The proposal results in the following;

 

Front balcony: 6.3sqm

First floor verandah: 15.20sqm

 

Elevated ground floor veranda: 45.39sqm

 

However it is noted that technically part of the proposed elevated ground floor verandah (being an area between the driveway and the proposed swimming pool) is situated within the two storey building footprint of the existing dwelling. The existing dwelling has been excavated into the natural ground level into the slope of the site whereby the existing lower ground floor is assessed as the slab for the existing ground level. This is not considered to result in any unacceptable impact.

 

This equates to a cumulative total of 66.89sqm

 

The proposed variation is considered to be reasonable given that appropriate conditions have been imposed to ensure that the amenity between properties can be protected.

 

The proposal incorporates privacy elements in the form of louvers, planter boxes and additional landscaping to protect the amenity between properties.

 

 

 

As above appropriate conditions have been imposed.

 

 

 

 

 

 

 

 

 

 

 

 

Council has taken into consideration the adjoining context and has imposed design conditions to minimise impacts between properties.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The subject allotment is not located near or adjoining a rail corridor; therefore this control does not apply.

Yes

 

 

 

 

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

1.6 Solar Access

 

(1) At least 50% of the primary private open space of the proposed development should have access to a minimum of four hours of sunlight between 9am–3pm on 21 June.

 

(3) Where the neighbouring properties are affected by overshadowing, at least 50% of the neighbouring existing primary private open space or windows to main living areas must receive a minimum of 3 hours sunlight between 9am–3pm on 21 June (Figure 21).

 

(4) Shadow diagrams are to be submitted for the winter solstice (21 June) and the spring equinox (22 September).

 

(5) Shadow diagrams are required to show the impact of the proposal on solar access to the open space of neighbouring properties. Existing overshadowing by fences, roof overhangs and changes in level should also be reflected in the diagrams.

Due to the orientation of the allotment; (being north to south). The proposed development will receive in excess of three (3) hours of sunlight during the winter equinox.

 

 

The neighbouring properties are not unreasonably impacted by the proposal in relation to the criterion of this clause.

 

 

 

 

 

 

 

 

Shadow diagrams have been submitted and assessed as a part of this application.

 

 

Shadow diagrams have been submitted and assessed as a part of this application. The shadows also include the adjoining allotments, which are also indicated on the submitted survey plan.

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

1.7 Views and view sharing

 

(1) Development shall provide for the reasonable sharing of views. Note: Assessment of applications will refer to the Planning Principle established by the Land and Environment Court in Tenacity Consulting vs Warringah Council (2004) NSWLEC140

A site inspection revealed that the outlook from Boronia Street contains distant filtered water views to the Georges River to the west. Surrounding dwelling houses have been designed with windows and balconies to take advantage of this aspect.

It is acknowledged that there will be built form in a location where there has not been given the existing structure on site is a part single-double storey dwelling. The sitting of the proposal is unlikely to unreasonable detract from the view and outlook given the immediate surrounding topography.

Yes

 

68.      Section 4 KDCP 2013

Section 4 Ancillary Structures

Clause

Control

Proposed

Complies

4.2.2 Side and Rear Fences

(1) Side and rear boundary fences must not be higher than 1.8m on level sites, or 1.8m as measured from the low side where there is a difference in level either side of the boundary. An additional 300mm of lattice is permitted for privacy screening.

The proposal does not seek to change the existing boundary fencing.

Yes

4.2.3 Retaining walls

(1) Retaining walls over 600mm in height must be designed by a suitably qualified structural engineer.

Standard conditions to ensure appropriate structural design and construction.

Yes

 

(2) Construction of retaining walls or associated drainage work along common boundaries must not compromise the structural integrity of any existing retaining walls or structures. All components, including footings and aggregate lines, must be wholly contained within the property.

All works are proposed to be contained within the subject site.  Standard conditions to ensure appropriate structural design and construction have been recommended.

Yes

 

(4) No part of any retaining wall or its footings can encroach onto a drainage easement or transmission line easement unless approval from the appropriate consent authority is obtained.

No easements impacted.

Yes

 

(5) Any retaining walls required as part of the dwelling construction to control potential land stability and/or the structural integrity of adjoining properties, must be completed prior to occupation of the structure.

Standard condition recommended.

Yes

 

(6) Excavation or filling requiring retaining shall be shored or retained immediately to protect neighbouring properties from loss of support and to prevent soil erosion.

A geotechnical report has been submitted with this development application and is to form part of the conditions of consent.

Yes

 

 

Sect4.6 Swimming PoolsSwimming Pool and Spa

 

69.      The proposal seeks the consent for a rectangular shaped swimming pool located within the rear setback. The swimming pool is dimensioned 8m in length and 4m in width with a capacity of 48KL.

 

Section 4.6 – Swimming Pools - KDCP 2013

Clause

Control

Proposed

Complies

 

(1) Swimming pools/ spas should be located at the rear of properties.

The swimming pool is located within the rear northern setback behind dwelling.

Yes

 

(3) Swimming pools/spas must be positioned a minimum of 900mm from the property boundary with the water line being a minimum of 1500mm from the property boundary.

1629mm from the northern side boundary.

Yes

 

(4) In-ground swimming pools shall be built so that the top of the swimming pool is as close to the existing ground level as possible. On sloping sites this will often require excavation of the site on the high side to obtain the minimum out of ground exposure of the swimming pool at the low side.

The swimming pool is proposed at natural ground level within the rear of the site.

Yes 

 

(8) Filling is not permitted between the swimming pool and the property boundary. The position of the swimming pool, in relation to neighbours and other residents, must be considered to minimise noise associated with activities carried out in the swimming pool or from the swimming pool equipment, such as cleaning equipment.

No filling is proposed or shown on the plans.

Yes

 

(9) Council may require mechanical equipment to be suitably acoustically treated so that noise to adjoining properties is reduced.

Standard conditions imposed.

Yes

 

(10) A pool fence complying with the legislation should separate access from the residential dwelling on the site to the pool.

Standard conditions imposed. The swimming pool has separate access from the dwelling.

Yes

 

(11) Safety and security measures for swimming pools must comply with the relevant requirements of the Swimming Pools Act and any relevant Australian Standards.

As above.

Yes

 

 

 

 

 

 

 

INTERIM POLICY GEORGES RIVER DEVELOPMENT CONTROL PLAN 2019

70.      The proposed development is subject to the provisions of the Interim Policy Georges River DCP 2020. Only the applicable aspects have been assessed with respect to the Interim DCP. All other aspects have been thoroughly assessed under the Kogarah DCP 2013. The aim of an Interim Policy is to set a consistent approach for the assessment of residential development within the Georges River Local Government Area, until such a time as a comprehensive DCP is prepared and implemented. Comments are made with respect to the proposal satisfying the objectives and controls contained within the DCP.

 

Control

Standard

Proposed

Complies

Dwelling House

Landscaping

Site area = 733.5sqm

20% or 146.7sqm (min)

Proposed: 292sqm equating to  39.80%

 

Yes

 

71.      The Interim Policy is a supplementary document, meaning that current DCP controls continue to apply if a particular control is not specified in the Interim Policy, or if it is still considered best practice. All operative DCPs still legally apply.

 

72.      Whilst the Interim Policy has no statutory recognition in the assessment of a Development Applications pursuant to the Environmental Planning and Assessment Act 1979, the policy will be used as a guide as it is an endorsed position of the Council.

The proposal is considered to be consistent with the interim policy.

 

IMPACTS

Natural Environment

73.      The subject site and immediate surrounding area has been historically used for residential purposes. The proposal seeks cut and fill commensurate to other dwelling houses within the locality. The proposal will result in the protection of the street tree at the south west corner and adequate stormwater disposal along the northern rear boundary of the property which drains to Boronia Street with appropriate conditions imposed. In this regard, the proposed works will not materially impact the natural environment.

 

Built Environment

74.      The built form of the proposed development is of a bulk and scale that is compatible with the immediate surrounding context. The proposed design is considered to be responsive to the allotments shape, dimensions, trees and drainage on site. The proposal for the most part complies with the prescribed planning controls. As previously discussed within this report, the proposal seeks variations to the controls relating to external wall height and articulation of which are not considered to result in any unreasonable material impacts. Additional design conditions have been imposed to minimise privacy impacts between properties. An additional landscaping condition is imposed along the northern rear boundary for planting which can reach a maturity height of 3m. Further details of retaining walls to be constructed in accordance with the Australian Standards. Given the above, the proposal is not considered to result in any adverse material impacts to the built environment.

 

Social Impact

75.      The assessment demonstrates that the proposal in its current form will not have an adverse impact on the character of the locality and the amenity of neighbouring residential properties. The environmental impacts on the social environment are considered to be not unreasonable and therefore the application is supported.

 

Economic Impact

76.      The proposal is not considered to result in unreasonable material economic impact given the residential use of the proposal.

 

Suitability of the Site

77.      The site is zoned R2 Low Density Residential pursuant to the provisions contained within the Kogarah Local Environmental Plan 2012. The amended proposal results in a reasonable planning outcome which is considered to be compatible with the dimensions and sloping topography of the site. It is considered that the proposal will not have any unreasonable impacts on adjoining properties, the streetscape or locality beyond in its current form subject to conditions of consent.

 

SUBMISSIONS, REFERRALS AND THE PUBLIC INTEREST

78.      The application was notified and renotified to adjoining owners, occupiers for fourteen (14) days. The amended plans which form the basis of this assessment report has generated a lesser impact than the previous notified proposals whereby the proposal has been reduced in height and reduced in building footprint. Therefore re-notification was not required. In response, five (5) submissions were received to the proposal. A summary of the key concerns raised within the submissions have been addressed below.

 

Bulk and scale impacts which is not in context with the surrounding area

79.      Comment: The amended proposal better conforms to Council’s planning controls whereby the extent of the variations has been reduced from the originally proposed design. The amended proposal has resulted in the reduction of the impacts which now results in variations to the external wall height, maximum ceiling height, rear first floor setback and articulation of which have been previously addressed within this assessment report. The extent of the variations has been considered in relation to the objectives of the controls and material impacts and is supported on planning merit.

 

Garage level does not form a basement

80.      Comment: The proposal contains a slope greater than 12.5 degrees from east to west. Given that the proposal seeks to utilise the location of the existing dwelling, the proposed garage level forms a lower ground floor level and not a basement. Though due to the cross slope of the site being (west) low and (east) high, the rear of the lower ground floor level is fully contained within the natural ground level.

 

Encroachment of front verandah along Boronia Street. Encroachment into front setbacks.

81.      Comment: As previously stated within this report, the proposal complies with the 2m front setback requirement for secondary frontages. The proposal results in appropriate front setbacks to both Cross Street and Boronia Street, Kyle Bay which allows for the retention of a large tree within the front corner splay of the site and embellishment of the site. Small shrubs within front setback to Boronia Street are of low arboriculture value and are supported to be removed by Council’s Consulting Arborist.

 

Non-complaint height of building

82.      Comment: Concerns were raised regarding the height of building as the original proposal breached the 9m. The amended proposal has been reduced in height and does not exceed the 9m Height of Building control within the Kogarah Local Environmental Plan 2012 which applies to this site. The proposal seeks a variation to the Kogarah Development Control Plan 2013 in relation to the maximum ceiling height and maximum ceiling height for flat roofs as detailed within this assessment report.

 

Three storey dwelling and slab thickness

83.      Comment: The proposal seeks a part three storey component along the western side elevation fronting Boronia Street, Kyle Bay due to the cross fall of the site. It is noted that the majority and remainder of the dwelling house adopts a two storey built form. Concerns were raised regarding proposed slab thickness and floor to ceiling heights which could be reduced however in this instance the reduction of such elements would result in minimal material benefit in relation to amenity impacts. The amended plans were subsequently amended to comply with the 9m height of building which involved the reduction of the slab thickness between floors.

 

60% maximum first floor depth

84.      Comment: The proposal in part exceeds 60% depth on the ground floor due to the cross slope of the site above the garage. The remainder of the 60% depth relates to the first floor above. This variation has been addressed earlier within the report and is supported on planning merit.

 

No details of boundary fence (retaining wall between the subject site and 52 Boronia Street or retaining walls.

85.      Comment:  The application does not seek to change the existing fence or change levels along the northern side boundary. The existing stairs are proposed to remain. The new dwelling will seek a greater setback than the existing dwelling to the northern rear boundary. The proposal seeks backfill (RL 27.85) in the location of the existing dwelling to the rear edge of the ground floor veranda comprising of 21sqm. This aligns with the existing ground levels within the centre rear setback which ranges from RL28.31- RL28.32). The proposal incorporates a top of wall for the retaining walls at RL28.0 with balustrade above. The closest proposed retaining wall is located 2m away from the northern boundary.

 

86.      To address the change in levels along the rear boundary and how it transitions to the dwelling there is a batter of the land levels proposed.

 

Excavation impacts generated by the proposal

87.      Comment: A geotechnical report accompanies this development application which is conditioned for the recommendations of the report to be addressed/implemented during the build. A dilapidation report is also conditioned to be undertaken on all adjoining properties prior to the issue of the construction certificate.

 

Floor space ratio and future conversion of additional habitable space given the existing building footprint

88.      Comment: The proposal complies with the floor space ratio controls. The application is for a new dwelling house with the lower ground floor proposing two (2) car spaces, storage areas and access to the levels above via a lift and stairs. The proposal incorporates two (2) void areas on the first floor with one (1) void above the entry and the other above the lounge room on the ground floor. It is also noted that the proposal is well below the permitted maximum floor space ratio for the site. In addition, if the void areas in the development were to be converted to floor space this would be the subject of a separate application.

 

Impacts to tree 2 (‘Thuja plicata’ red cedar) located within 52 Boronia Street during the construction and excavation process

89.      Comment: The proposal is supported by Council’s Consulting Arborist subject to conditions of consent which protects the adjoining tree at 52 Boronia Street, Kyle Bay. Fill has been proposed as referenced in the landscape plans whereby levels shown on the submitted landscape indicate that levels within the TPZ of this tree are to be retained. No changes to levels are proposed along the northern side boundary. Additional fill is proposed to backfill in part the location of the existing dwelling to the northern edge of the rear northern boundary which are outside of the TPZ and however this does not adversely affect this tree. The land will be battered up from the rear boundary toward the dwelling to address the change in levels.

 

No basement or floor plans provided making the assessment of the application difficult

90.      Comment: Basement and floor plans are not for public viewing given the proposal is a residential dwelling for privacy reasons. The site plan, elevations and supporting documentation have been made available for public viewing. Notwithstanding Council has undertaken an assessment based on the information available which included floor plans. It is noted that the proposal complies with the maximum floor space control and is compliant with the LEP height control.

 

Montage is incorrect

91.      Comment: The assessment of application has been based on the submitted architectural plans which are scaled and dimensioned and not the conceptual montage.

 

  Front setback and articulation

92.      Comment: The amended proposal better aligns with the adjoining eastern dwelling at 1 Cross Street, Kyle Bay. The amended proposal seeks a minimum front setback ranging from 5.5m – 6.0m with appropriate modulation and articulation which is considered to be compatible with the streetscape.

 

Privacy impacts along rear northern elevation from setbacks and verandah

93.      Comment: The amended proposal has lowered the ground floor closer to natural ground level. Key habitable rooms are located on the ground floor. The first floor comprises of bedrooms and bathrooms only. The first floor wrap around verandah fronting Boronia Street, Kyle Bay contains substantial planter boxes within the internal face of this balcony to reduce outlook and privacy impacts to the adjoining northern neighbour. As previously stated within this report the design conditions;

 

Prior to issue of Construction Certificate:

·    A fixed angled privacy louver must be erected along the northern edge of the elevated ground floor verandah to minimise overlooking impacts between the subject site and No. 52 Boronia Street, Kyle Bay.

·    A row of Syzyguim Cascade Lilly Pilly’s are to be indicated on the landscape plan parallel with the northern rear boundary with a minimum 25 Litre pot size and spacing of 1m

·    Details of watering system are to be provided for the planter box adjacent to the first floor terrace.

 

Ongoing Condition:

·    The planter box adjacent to the first floor terrace must be retained in perpetuity.

 

Swimming pool not setback 1,500mm from boundary

94.      Comment: The amended proposal has sought to relocate the swimming pool to the centre of the rear yard with a setback of 1,629mm from the northern rear boundary which is complaint.

 

Noise impacts generated by use given location of dwelling in relation to setbacks

95.      Comment: An additional design condition has been imposed for angled louvers to be added along the elevated rear verandah (ground floor) to minimise impacts upon 52 Boronia Street, Kyle Bay. Subject to the above condition, the proposal design is not considered to be unreasonable in relation to amenity impacts given the residential nature of the development.

 

Flat roof is inconsistent with the streetscape

96.      Comment: The proposal seeks to incorporate a flat roof behind the parapet which is considered to be compatible with the emerging streetscape. The design of flat roofs is considered to form a contemporary design which is commensurate of new infill housing within the locality.

 

No pool fence on the plans

97.      Comment: The original design of the swimming pool proposed an infinity pool fronting Boronia Street, Kyle Bay. The amended proposal seeks a swimming pool centrally located within the rear setback with a swimming pool fence indicated on the plans. Conditions will be imposed to reinforce this criterion.

 

Inconsistent information on the plans and within the submitted documentation

98.      Comment: Council has undertaken an assessment based on an amended application which is considered to be satisfactory subject to conditions of consent.

 

Dividing fence between subject site and 52 Boronia Street, Kyle Bay

99.      Comment: The proposal does not seek to change the dividing fence between the two properties. The proposal seeks to provide additional landscaping along the rear boundary of the subject site to provide landscaping embellishment between the properties. A condition of consent has been imposed for a row of landscaping along the rear northern boundary.

 

Inconsistent and inaccurate information provided within the Submitted Statement of Environmental Effects

100.    Comment: An assessment has been undertaken in consideration with the amended proposal and accompanying documentation which is considered to be satisfactory subject to conditions of consent.

 

Balconies and verandas over 40sqm

101.    Comment: An assessment has been undertaken in consideration with the amended proposal. The amended proposal has reduced the extent of the verandas over 1m in height above natural ground level. The extent of the verandahs proposed are not considered to be unreasonable and do not result in any unacceptable amenity impacts given the nature of the design subject to conditions to reduce amenity impacts between the subject site and the northern adjoining property.

 

No updated excavation plan

102.    Comment: An excavation plan has been provided within the latest amended architectural plans which is considered to represent the works proposed.

 

No measurements for swimming pool showing distances to the boundary on site plan

103.    Comment: Whilst no dimensions have been shown on the site plan indicating the proposed swimming pool setback. A dimension of 1629mm has been shown on the amended ground floor plan which indicates the setback of the proposed swimming pool from the northern side boundary.

 

Not in the public interest

104.    Comment: The proposal is considered to be in the public interest given that the amended proposal has reduced the extent of impacts than that of the original design. The amended proposal results in non-compliances which do not result in any unreasonable material impact and therefore are supported on planning merit. As previously discussed additional design conditions have been imposed in relation to screening of the northern edge of the elevated ground floor verandah and ongoing retention of the first floor planter box adjacent to the first floor terrace to protect the amenity between properties.

 

Amended/Detailed landscape plan

105.    Comment: An amended detailed landscape plan is to be prepared by a suitably qualified professional. This forms a condition of consent.

 

Council Referrals  

Development Engineer

106.    The proposal seeks to drain to Boronia Street, Kyle Bay via gravity. This is supported by Council’s Development Engineer subject to conditions of consent.

 

Consultant Arborist

107.    Council’s Consulting Arborist has reviewed the proposal and has supported the retention and protection of trees subject to conditions of consent. The proposal is supported subject to appropriate tree replacement on site to replenish the tree canopy.

 

Infrastructure

108.    Council’s Design Engineer supports the proposal subject to conditions of consent.

 

External Referrals

Ausgrid

109.    The application was referred to Ausgrid as per Clause 45(2) of the State Environmental Planning Policy (Infrastructure) 2007 for consideration. In response, the proposal is supported subject to compliance with Ausgrid Network Standards and Safe Work NSW Codes of Practice for Construction Work near existing electrical assets. A condition of consent has been imposed to this effect.

 

Contributions

110.    In accordance with Council’s Section 7.12 are applicable to multi dwelling housing developments. A condition of consent requiring payment of the contribution has been imposed.

 

Contributions

Fee Type

Fee

Georges River Council Section 94A Development Contributions Plan 2017

$8,618.50

 

CONCLUSION

111.    Development consent is sought for the demolition of existing and construction of dwelling house and swimming pool on land known as 3 Cross Street, Kyle Bay. The proposal has been assessed with regard to the matters for consideration listed in Section 4.15 of the Environmental Planning and Assessment Act 1979. The proposal is considered to be an appropriate response to the context of the site and will result in a reasonable planning and urban design outcome.

 

112.    The proposal has been assessed against the provisions of the relevant State Environmental Planning Policies Kogarah Local Environmental Plan 2012 and Kogarah Development Control Plan 2013 and complies with the development standards of the Local Environmental Plan and meets the underlying objectives of Development Control Plan is worthy of support subject to appropriate conditions of consent imposed.

 

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

113.   

·      The proposed dwelling housing house forms a permissible use within the R2 Low Density Residential Zone within the Kogarah 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.

 

Determination

114.    THAT Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, the Georges River Local Planning Panel grant approval to to DA2020/0145 for the demolition, pool removal and construction of new three (3) storey dwelling house with swimming pool, landscaping and site works on Lot A DP 375896 and known as 3 Cross Street, Kyle Bay subject to the following conditions.

 

Development Details

 

1.         Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

 

Description

Reference No.

Date

Revision

Prepared by

Lower Ground Floor Plan

2

October 21, 2020

F

David Dechiara

Ground Floor Plan

3

October 21, 2020

F

David Dechiara

First Floor Plan

4

October 21, 2020

F

David Dechiara

First Floor Plan

6

October 21, 2020

F

David Dechiara

Southern Elevation

7

October 21, 2020

F

David Dechiara

Northern Elevation

8

October 21, 2020

F

David Dechiara

Western Elevation

9

October 21, 2020

F

David Dechiara

Eastern Elevation

10

October 21, 2020

F

David Dechiara

Section AA and BB

11

October 21, 2020

F

David Dechiara

Demolition Plan

12

October 21, 2020

F

David Dechiara

Excavation Plan

13

October 21, 2020

F

David Dechiara

Site Analysis

14

October 13, 2020

F

David Dechiara

Environmental Site Management Plan

15

October 21, 2020

F

David Dechiara

Landscape Plan

16

October 21, 2020

F

David Dechiara

Floor Space Ratio Areas

17

October 21, 2020

F

David Dechiara

Streetscape Plan/Driveway

21

October 21, 2020

F

David Dechiara

BASIX Commitments

22

October 21, 2020

F

David Dechiara

CC Section

26

October 21, 2020

F

David Dechiara

DD Section

27

October 21, 2020

F

David Dechiara

EE Section

28

October 21, 2020

F

David Dechiara

Concept Drainage Plan

SW03CR055

Sheet 1 of 1

06-04-2020

-

M.M Farah Civil/ Structural

Geotechnical Report

G2040-1

30th January 2020

-

Geotechnical Consultants Australia

Colour Schedule

-

-

-

-

Waste Management Plan

-

02-02-20

-

David Dechiara

BASIX Certificate

1088001S_03

9 October 2020

-

Sustainability-Z

 

Separate Approvals Required Under Other Legislation

 

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

 

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

 

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

 

(a)     Placing or storing materials or equipment;

 

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

 

(c)     Erecting a structure or carrying out work

 

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

 

(e)     Pumping concrete from a public road;

 

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

 

(g)     Constructing a vehicular crossing or footpath;

 

(h)     Establishing a “works zone”;

 

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

 

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

 

(k)     Stormwater and ancillary to public infrastructure on private land; and

 

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

 

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

 

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

 

3.         Driveway Crossing - Minor Development - Constructing a driveway crossing and/or footpath requires a separate approval under Section 138 of the Roads Act 1993 prior to the commencement of those works.

 

To apply for approval, complete the “Application for Driveway Crossing and Associated Works on Council Road Reserve” issued under Section 138 Roads Act.” which can be downloaded from Georges River Council’s Website at www.georgesriver.nsw.gov.au. Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours.  Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Driveway Crossing applications.

 

An approval for a new or modified driveway crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath.   Once approved, all work shall be carried out in accordance with Council’s specifications applicable at the time, prior to the issue of an Occupation Certificate.

 

The design boundary level is to be received from Council prior to construction of the internal driveway

 

4.         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.

 

Requirements of Concurrence, Integrated & Other Government Authorities

 

5.         Electricity Supply - An application is required to be made to Ausgrid for a network connection. This may require the network to be extended or its capacity augmented. Evidence of this application being lodged with Ausgrid is required to be provided to the Certifying Authority prior to the issue of a Construction Certificate. For further details, you are advised to contact Ausgrid on 13 13 65 or www.ausgrid.com.au (Business and Commercial Services).

 

6.         Sydney Water - Tap in TM - The approved plans must be submitted to a Sydney Water Tap inTM to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  The approved plans will be appropriately endorsed.  For details please refer to ‘Plumbing, building and developing’ section of Sydney Water’s web site at www.sydneywater.com.au then see ‘Building’, or telephone 13000 TAP IN (1300 082 746).  The Certifying Authority must ensure that a Tap inTM agent has appropriately stamped the plans prior to the issue of the Construction Certificate.

 

Prior to the Issue of a Construction Certificate

 

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

 

8.         Geotechnical report - Geotechnical Reports: The applicant must submit an updated 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 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 all adjoining properties 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 PCA 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 30 metres 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.

 

9.         Fees to be paid - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment (available at www.georgesriver.nsw.gov.au).

 

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

 

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

 

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

 

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

 

Fee Type

Fee

GENERAL FEES

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

Builders Damage Deposit

$1,900.00

Inspection Fee for Refund of Damage Deposit

$155.00

Georges River Council Section 94A Development Contributions Plan 2017

$8,618.50

 

General Fees

 

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

 

Development Contributions

A Section 7.12 contribution has been levied on the subject development pursuant to the Georges River Council Section 94A Contributions Plan 2017.

 

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.

 

10.       Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

 

a)      Pay Council, before the issue of the Construction Certificate, a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,900.00

 

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

 

c)      Submit to Council, before the commencement of work, a photographic record of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal.

 

At the completion of work Council will inspect the public works, and the damage deposit will be refunded in full upon completion of work where no damage occurs. Otherwise the amount will be either forfeited or partly refunded according to the amount of damage.

 

11.       Site Management Plan - Minor Development - A Site Management Plan detailing all weather access control points, sedimentation controls, fencing, builder’s site sheds office, amenities, materials storage and unloading arrangements must be submitted with the application for the Construction Certificate.

 

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

 

12.       BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 1088001S_03 dated 9 October 2020 prepared by Sustainability-Z must be implemented on the plans lodged with the application for the Construction Certificate.

 

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

           

Retaining walls

Details of retaining walls must be indicated on the site and landscape plans prior to issue of construction certificate. Details, specifications and design must be in accordance with the Australian Standards.

Excavation plan, stormwater plan and geotechnical report

The excavation plan, stormwater plan and geotechnical report is to be amended to be consistent with the approved architectural plans as specified within Condition 1 – Approved Plans. The location of stormwater works must comply with the TPZ requirements of Condition 22 - Trees.

Landscaping

A row of Syzyguim Cascade Lilly Pilly’s are to be indicated on the landscape plan parallel with the northern rear boundary with a minimum 25 Litre pot size and spacing of 1m for the width of the allotment.

Privacy Louver

A fixed angled louvered privacy screen must be erected along the northern edge of the elevated ground floor verandah to minimise overlooking impacts between the subject site and 52 Boronia Street, Kyle Bay. The colour is to be consistent with the colour scheme of the dwelling and be non-reflective.

Details of planter watering system

The first floor planter adjacent to the terrace area is to be equipped with an irrigation system to facilitate the survival of the plantings in this space. Details and specifications of the watering system are to be provided with the Construction Certificate.

 

14.       Erosion & Sedimentation Control - Erosion and sediment controls must be provided to ensure:

 

(a)     Compliance with the approved Erosion & Sediment Control Plan

 

(b)     Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)

 

(c)     All clean water runoff is diverted around cleared or exposed areas

 

(d)     Silt fences, stabilised entry/exit points or other devices are installed to prevent sediment from entering drainage systems or waterways

 

(e)     All erosion and sediment controls are fully maintained for the duration of demolition, excavation and/or development works

 

(f)      Controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway

 

(g)     All disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar

 

(h)     Compliance with Managing Urban Stormwater - Soils and Construction (Blue Book) produced by Landcom 2004.

 

These measures are to be implemented prior to the commencement of work (including demolition and excavation) and must remain until works are completed and all exposed surfaces are landscaped/sealed.

 

15.       Stormwater Drainage Plan Details - The submitted stormwater plan has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

 

(a) The PCA shall ensure that an amended drainage plan shall be prepared to reflect the updated architectural plans with the provision of a (RWT) with a capacity 5000 litres as per the submitted calculation sheet.    

(b) All stormwater shall drain by gravity to Council's kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).

(c)  All roof waters and all overflows from any rainwater tank shall drain to Council’s kerb and gutter directly in front of the development site by a suitably designed stormwater system.

 

16.       Compliance with Swimming Pool Act 1992 - The alterations and additions to the dwelling house and/or the construction of the new dwelling house subject of this consent must not generate any non-compliances with the Swimming Pools Act 1992, Swimming Pool Regulation 2008, Building Code of Australia and/or AS 1926.1-2007 - Swimming Pool Safety.  Details of compliance to be illustrated on the plans lodged with the application for the Construction Certificate.

 

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

 

A copy shall be forwarded to Council where Council is not the PCA.

 

18.       Swimming Pools - Use and Maintenance - The following apply to the construction, use and maintenance of swimming pools and spas:

           

(a)     no ground level may be raised or filled except where shown specifically on the approved plans;

 

(b)     all pool/spa waste water is to be discharged to the sewer according to the requirements of Sydney Water;

 

(c)     the swimming pool must not be used for commercial or professional purposes;

 

(d)     drain paved areas to the landscaped areas or a suitable lawful drainage system; and

 

(e)     arrange any external pool/spa lighting to minimise glare nuisance to adjoining owners.

 

19.       Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

 

20.       Driveway Construction Plan Details - Detailed engineering plans for the driveway shall be submitted with the Construction Certificate application for approval that show:

(a)     Longitudinal and cross sections, gradients, access onto the proposed lots, type of construction materials designed in accordance with Council's Subdivision standards and AS/NZS2890.1-2004.

(b)     Suitable underground provision for the supply of all relevant services to the proposed lots (proposed position of pipes and conduits).

(c)     The full length of the driveway designed with a minimum 150mm thick reinforced concrete and minimum of 2.7m wide pavement/kerb face to kerb face width, and a non-slip surface.

 

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

 

22.       Landscape Plan - A detailed landscape plan, drawn to scale, A3 size and coloured, by a qualified landscape architect or an AQF Level 5 landscape designer, must be submitted prior to the issue of the Construction Certificate to the nominated PCA. The plan must include:

 

(a)       Location of existing and proposed structures, services and existing trees to be retained and /or removed

(b)       Reference Georges River Councils, Tree Management Policy, 2019, 2:1 tree replacement. Councils Policy requires that for every tree removed from the site, two (2) trees shall be planted to replace those lost.

(c)        For the removal of four (4) trees, eight (8) trees need to be planted upon the site and shown upon the landscape plan.

(d)       Details of earthworks including mounding and retaining walls, Reduced Levels and planter boxes;

(e)       Location of proposed eight (8) trees and plants proposed as well as a plant schedule showing the plant symbol, botanical name/ common name; quantity; pot size/; and mature height x width.

(f)        A higher proportionate mix of natives than exotics plantings, with all trees proposed, able to reach a height at maturity of nine (9) metres.

(g)       Tree species selection from - Georges River Councils, Tree Management Policy, April 2019, Appendix 1 - Tree Planting.

(h)       Details of planting specifications, procedures and a maintenance schedule for twelve (12) months;

(i)         Landscape ratios - pervious to impervious surfaces / deep soil zones

(j)         Details of drainage and watering systems;

(k)        Details of garden edging and turf; and

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

(m)      The contact details and website of the landscape architect or AQF Level 5 landscape designer, as well as qualifications.

(n)       Associations and / or Memberships of Affiliation within the landscape industry.

 

Reference that a certificate of compliance for the planting of all eight (8) trees and shrubs proposed for the site. An AQF 5 Horticulturist shall be engaged and in writing certify that all eight (8) trees have been planted as per landscape plan and specifications and forwarded to the PCA - Principal Certifying Authority.

 

23.       Trees - The following trees shall be retained and protected:

 

Tree Species

Location of Tree / Tree No.

Tree Protection Zone (metres) TPZ as per AS4970 -2009 Fencing distance from trunk

Camellia japonica

Rear side yard of No 1 Cross Street

3.6 metres

Thuja plicata

No 52 Boronia Street , front side yard

3.5 metres

Angophora costata

Within site, on corner of Cross and Boronia Streets

6.0 metres radially out from its trunk

 

(a)   The client shall engage a qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current practicing and financial member of an Arboricultural Association or Affiliation.

 

(b)   A certificate of compliance letter for tree protection measures shall be completed and forwarded to the PCA - Principal Certifying Authority, at three (3) stages being 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.

 

Tree Protection Measures

(a)   All trees on Council property, subject site and adjacent sites, to be retained shall be protected before site set up and maintained during demolition, excavation and construction of the site.

 

(b)   The proposed stormwater lines referenced within the Hydraulic and sediment control plan, that encroach within the tree protection zone of the retained Angophora costata, must be kept outside the TPZ and must only be placed against the basement wall/ footprint of the proposed dwelling. REASON - To minimise impacts to the Angophora costata.

 

(c)   Although trees may be on adjacent sites, the tree protection fencing must be placed on the nominated distances as per table above, out from the trees trunk, within the subject site to minimise impacts to neighbours trees and kept for the entirety of the project.

 

(d)   The tree protection measures must be in undertaken in accordance AS4970 -2009 Protection of trees on development sites. 

 

(e)   Details of the tree protection measures to be implemented must be provided with the application for a Construction Certificate by a qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current practicing and financial member of an Arboricultural Association or Affiliation.

 

(f)    The engaged AQF 5 Consulting Project Arborist must be present on-site during the stages of site set up, 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.

 

(g)   In accordance with 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.

 

(h)  The Tree Protection Zone of each tree, to be protected, shall be watered thoroughly and regularly to minimise the effects of construction works.

 

(i)    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

(j)    Excavations around the trees to be retained on site or the adjoining properties shall be supervised by the AQF 5 Project Arborist to ensure that the root system will not adversely be affected.

 

(k)   The engaged AQF 5 Arborist must be in attendance during excavations for the proposed stormwater within the TPZ of the retained Angophora costata and in writing, certify of their findings whilst guiding the proposed stormwater works, to the nominated PCA, for compliance.

 

(l)    Where the Tree Protection Zone (TPZ) of trees on site or adjoining sites become compromised by any excavation works, the AQF 5 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.

 

(m)  The Tree Protection Zone around the Angophora costata and neighbours trees, 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.

 

24.       Tree pruningApproval is given for the following works to be undertaken to trees on the site:

 

Tree Species / Number of trees

Location of trees

Approved Works

Angophora costata

Corner of Cross and Boronia Streets

Removal of dead co-dominant leader north west facing

Pruning shall only be conducted in accordance with AS4373 - 2007, Pruning classes, 7.2.2

 

a)   Removal or pruning of any other tree (that would require consent of Council) on the site is not approved. All pruning must be undertaken by a minimum certificate Level 3, Licenced and insured Tree surgeon / Arborist in accordance with AS4373 -2007 Pruning of Amenity Trees and Amenity Tree Industry, Code of Practice (SafeWork NSW August 1998).

 

25.       Tree Removal & Replacement - Tree removal - In accordance with Georges River Tree Management Policy 2019, a 2:1 Policy is to be implemented. For every one (1) tree to be removed, eight (8) trees shall be planted on the subject site to compensate for the loss of each tree, with exempt Species replacement being 1:1. If Council finds that locations within the site cannot be found for the trees viability, an offset fee shall be forwarded to Council to plant the tree/s elsewhere, within the municipality.

 

Permission is granted for the removal of the following trees:

 

Tree Species

Number of trees

Location

Waterhousia floribunda

X1

Eastern side fence

Archontophoenix cunninghamiana

X2

Front yard of Cross Street

Phoenix roebelenii

X1

Front yard of Cross Street

Syagrus romanzoffiana

X3

Front corner of site

 

General Tree Removal Requirements

a)   All tree removal shall be carried out by a minimum certificate Level 3, Licenced and insured Tree Surgeon/Arborist to ensure that removal is undertaken in a safe manner and complies with the AS 4373-2007 - Pruning of Amenity Trees and Tree Works Industry Code of Practice (Work Cover NSW 1.8.98).

 

b)   No trees are to be removed on the site or neighbouring properties without the prior written approval of Council.

 

26.       Street Tree Removal / Replacement by Council - One (1) street tree of species to be determined must be provided in the road reserve fronting the site, Boronia Street.

 

Council shall be appointed to remove and plant all trees on public land. All costs associated with the removal of the trees and the planting of replacement trees shall be met by the applicant. Fees and charges outlined in the table below are subject to change and are set out in the current version of Council's ‘Schedule of Fees and Charges’, applicable at the time of payment.

 

The fees must be paid in accordance with the conditions of this consent. The fee payable is to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

 

The fees payable 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 conditions set out in this consent.

 

Fee Type - Tree planting on public land

Number of trees

Amount per tree

Administration Fee, tree planting and maintenance

X1

$452.00

Cost of tree removal

-

N/A

Cost of Stump Grinding

-

N/A

 

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

 

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

The report must include the following:

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

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

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

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

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

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

 

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

 

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

 

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

 

28.       Demolition & Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2001 - Demolition of Structures, NSW Work Health & Safety Act 2011 and the NSW Work Health & Safety Regulation 2011.  The work plans required by AS2601:2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the PCA prior to the commencement of works.

 

For demolition work which involves the removal of asbestos, the asbestos removal work must be carried out by a licensed asbestos removalist who is licensed to carry out the work in accordance with the NSW Work Health & Safety Act 2011 and the NSW Work Health & Safety Regulation 2011 unless specified in the Act and/or Regulation that a license is not required.

 

All demolition work including the removal of asbestos, shall be undertaken in accordance with the Demolition Code of Practice (NSW Work Cover July 2015).

 

Note: Copies of the Act, Regulation and Code of Practice can be downloaded free of charge from the SafeWork NSW website: www.SafeWork.nsw.gov.au.

 

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

 

(a)     The developer /builder must notify adjoining residents five (5) working days prior to demolition.  Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority. Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

 

(b)     Five (5) working days prior to demolition, the developer/builder is to provide written notification to Council advising of the demolition date, details of the SafeWork licensed asbestos demolisher and the list of residents advised of the demolition.

 

(c)     On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

 

30.       Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

 

31.       Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate.  The sequence number obtained from “Dial Before You Dig” shall be forwarded to the Principal Certifying Authority (PCA) and Council for their records.

 

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

 

a)      Set out before commencing excavation.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

33.       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.

 

During Construction

 

34.       Site sign - Soil & Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), a durable site sign, issued by Council in conjunction with this consent, must be erected in a prominent location on site. The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls. The sign must remain in a prominent location on site up until the completion of all site and building works.

 

35.       Hours of construction for demolition and building work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity is permitted on Sundays, or Public Holidays.

 

Note: A penalty infringement notice may be issued for any offence.

 

36.       Ground levels and retaining walls - The ground levels of the site shall not be excavated, raised or filled, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved by Council.

 

37.       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.

 

38.       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.

 

39.       Swimming Pools - Filling with water - The pool/spa shall not filled until the safety fences have been completed in accordance with the approved plans and specifications and inspected by the PCA.

 

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

 

Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the PCA and Council, where Council is not the Principal Certifying Authority.

 

41.       Tree Removal on Private Land - The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 and the Amenity Tree Industry Code of Practice (SafeWork NSW, August 1998).

 

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

 

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

 

Prior to the issue of the Occupation Certificate

 

43.       Stormwater drainage works - Works As Executed - Prior to the issue of the Occupation Certificate, stormwater drainage works are to be certified by a professional engineer specialising in hydraulic engineering, with Works-As-Executed drawings supplied to Council detailing:

 

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

 

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

 

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

 

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

 

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

 

Council must advise in writing that they are satisfied with the Works-As-Executed prior to the issue of an Occupation Certificate.

 

44.       BASIX Certificate - All energy efficiency measures as detailed in the approved BASIX Certificate No. 1088001S_03 dated 9 October 2020 prepared by Sustainability-Z in the plans approved with the Development Consent, must be implemented before issue of any Occupation Certificate.

 

45.       Electricity Supply - Evidence shall be provided demonstrating that the development has been connected to the Ausgrid, if required.

 

46.       Post Construction Dilapidation report - Private Land - At the completion of the construction works, a suitably qualified person is to be engaged to prepare a post-construction dilapidation report.  This report is to ascertain whether the construction works associated with the subject development created any structural damage to the following adjoining premises:

 

a)      all adjoining properties identified in the dilapidation condition prior to Construction Certificate.

 

The report is to be prepared at the expense of the applicant and submitted to the PCA prior to the issue of the Occupation Certificate.  In ascertaining whether adverse structural damaged has occurred to the adjoining premises, the PCA must compare the post-construction dilapidation report with the pre-construction dilapidation report required by conditions in this consent.

 

Evidence confirming that a copy of the post-construction dilapidation report was delivered to the adjoining properties subject of the dilapidation report must be provided to the PCA prior to the issue of any Occupation Certificate.

 

47.       Dilapidation Report on Public Land – Upon completion of works, a follow up dilapidation report must be prepared for the items of Council infrastructure adjoining the development site.

The dilapidation report must 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

(d)  Photographs showing the condition of retaining walls within the footway or road

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

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

 

The report must be provided to the PCA 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.

 

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

 

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

 

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

 

49.       BASIX Compliance Certificate - A Compliance Certificate must be provided to the PCA regarding the implementation of all energy efficiency measures as detailed in the approved BASIX Certificate before any Occupation Certificate is issued.

 

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

 

51.       Completion of Landscape Works - All landscape works, the planting of eight (8) trees on the site and the street tree payment to Council, must be completed before the issue of the Final Occupation Certificate and to the satisfaction of Councils Tree Management Officers, In accordance with approved submitted landscape plans and specifications that were required before the issue of the Construction Certificate to the nominated PCA.

  

52.       Tree Protection Measures - A final certificate of compliance letter, once all building and landscape works have been completed, from the engaged AQF 5 Consulting Arborist, that tree protection measures have been installed and maintained for the entirety of the project and report on the condition of the trees that as part of this Consent, were to be protected and retained.

 

53.       Tree Replacement within subject site - A minimum of eight (8) x 45 litre size trees, which will attain a minimum mature height of nine (9) metres, shall be planted within the property. The trees are to conform to AS2303 - 2018 - Tree stock for landscape use.

 

Tree species selected shall be from Georges River Council’s Tree Management Policy, April 2019 - Appendix 1 - Tree Planting.

 

If the replacement eight (8) trees 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.

 

A copy of the Hurstville City Council’s Tree Removal and Pruning Guidelines and Kogarah City Council, Street Tree Management Strategy, Masterplan, and Tree Management Policy 2019, can be downloaded from Council’s website www.georgesriver.nsw.gov.au.

 

54.       Vehicular crossing - Minor development - The vehicular crossing and/or footpath works shall be constructed by a private contractor at the expense of the applicant, in accordance with the ‘Application for Driveway Crossing and Associated Works on Council Road Reserve’ approval issued by Council’s Assets and Infrastructure Division. 

 

Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

NOTE:  No stencilled or coloured concrete may be used outside the boundary of the property.

 

The work must be completed before the issue of an Occupation Certificate.

 

Operational Conditions (Ongoing)

 

55.       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.

 

56.       Swimming Pools - Resuscitation Notice - An expired air resuscitation warning notice complying with the Swimming Pools Act 1992 must be affixed in a prominent position adjacent to the pool.

 

57.       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.

 

58.       Private Swimming Pools & Spas - Pump Noise - The swimming pool/spa pump and associated equipment must be located so that the noise emitted does not exceed 5dB(A) above the background level. If this cannot be achieved, a ventilated and sound-proofed enclosure must enclose the pump to achieve the required noise levels.

 

Swimming pool is to be installed with a timer that limits the recirculation and filtration systems operation such that it does not emit noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):

 

(a)     before 8 am or after 8 pm on any Sunday or public holiday, or

 

(b)     before 7 am or after 8 pm on any other day.

 

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

 

60.       Swimming Pools - Resuscitation Notice - An expired air resuscitation warning notice complying with the Swimming Pools Act 1992 must be affixed in a prominent position adjacent to the pool.

 

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

 

62.       Privacy - The planter box adjacent to the first floor terrace must be retained in perpetuity and not converted to floor space, entertaining space or be walkable.

 

63.       Private Swimming Pools & Spas - Pump Noise - The swimming pool/spa pump and associated equipment must be located so that the noise emitted does not exceed 5dB(A) above the background level. If this cannot be achieved, a ventilated and sound-proofed enclosure must enclose the pump to achieve the required noise levels.

 

Swimming pool is to be installed with a timer that limits the recirculation and filtration systems operation such that it does not emit noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):

 

(a)     before 8 am or after 8 pm on any Sunday or public holiday, or

 

(b)     before 7 am or after 8 pm on any other day.

 

Operational Requirements Under the Environmental Planning & Assessment Act 1979

 

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

 

65.       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:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

A Notice of Commencement Form is attached for your convenience.

 

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

 

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

 

Where Georges River Council has been appointed as the PCA, 48 hours notice in writing, or alternatively 24 hours notice by facsimile or telephone, must be given when specified work requiring inspection has been completed.

 

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

 

Only the PCA appointed for the building work can issue the Occupation Certificate.

 

An Occupation Certificate Application Form is attached for your convenience.

 

Prescribed Conditions

 

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

 

72.       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.

 

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

 

74.       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.

 

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

 

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

 

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

 

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

 

Advice

 

76.       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.

 

77.       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.

 

78.       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.

 

79.       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.

 

80.       Register your Swimming Pool - All swimming pools in NSW are required to be registered. Fines apply for pools that are not registered. To register please visit: www.swimmingpoolregister.nsw.gov.au

 

81.       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.

 

82.       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 and/or Section 68 Local Government Act 1993:

 

(a)     Complete the Stormwater Drainage Application Form which can be downloaded from Georges River Council’s website at www.georgesriver.nsw.gov.au

 

(b)     In the Application Form, quote the Development Consent No. (eg. DA2018/0***) and reference this condition number (e.g. Condition 23)

 

(c)     Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours.  Refer to Council’s adopted Fees and Charges for the administrative and inspection charges associated with stormwater applications.

 

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 stormwater 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.

 

83.       Council as PCA - Deemed to Satisfy Provisions of BCA - Should the Council be appointed as the PCA in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the BCA.  However, if an alternative fire solution is proposed it must comply with the performance requirements of the BCA, in which case, the alternative solution, prepared by an appropriately qualified fire consultant, accredited and having specialist qualifications in fire engineering, must justifying the non-compliances with a detailed report, suitable evidence and expert judgement. Council will also require if deemed necessary, for the alternative solution to undergo an independent peer review by either the CSIRO or other accredited organisation.  In these circumstances, the applicant must pay all costs for the independent review.

 

84.       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).

 

 

 

ATTACHMENTS

Attachment 1

Site Plan - 3 Cross Street Kyle Bay

Attachment 2

Southern Elevation - 3 Cross Street Kyle Bay

Attachment 3

Eastern Elevation - 3 Cross Street Kyle Bay

Attachment 4

Western Elevation - 3 Cross Street Kyle Bay

Attachment 5

Northern Elevation - 3 Cross Street Kyle Bay

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 5 November 2020

LPP056-20              3 Cross Street Kyle Bay

[Appendix 1]          Site Plan - 3 Cross Street Kyle Bay

 

 

Page 64

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 5 November 2020

LPP056-20              3 Cross Street Kyle Bay

[Appendix 2]          Southern Elevation - 3 Cross Street Kyle Bay

 

 

Page 65

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 5 November 2020

LPP056-20              3 Cross Street Kyle Bay

[Appendix 3]          Eastern Elevation - 3 Cross Street Kyle Bay

 

 

Page 66

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 5 November 2020

LPP056-20              3 Cross Street Kyle Bay

[Appendix 4]          Western Elevation - 3 Cross Street Kyle Bay

 

 

Page 67

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 5 November 2020

LPP056-20              3 Cross Street Kyle Bay

[Appendix 5]          Northern Elevation - 3 Cross Street Kyle Bay

 

 

Page 68

 


Georges River Council – Local Planning Panel   Thursday, 5 November 2020

Page 152

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 05 November 2020

 

LPP Report No

LPP057-20

Development Application No

MOD2020/0148

Site Address & Ward Locality

32 Montgomery Street Kogarah

Kogarah Bay Ward

Proposed Development

Modification of Consent No: DA2018/0139 for the demolition and construction of a thirteen (13) storey mixed use residential flat building. The modifications include various internal and external design changes.

Owners

NGA Pyrmont Pty Ltd

Applicant

Lateral Estate Pty Ltd

Planner/Architect

Planner: Planning Ingenuity Pty Ltd / Architect: Stanisic Architects

Date Of Lodgement

10/08/2020

Submissions

One submission

Cost of Works

$31,599,223.00 (cost of works of initial development)

Local Planning Panel Criteria

Determination of Section 4.56 applications (Modification by consent authorities of consents granted by the Court)

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

State Environmental Planning Policy No 65 Design Quality of Residential Apartment Development, State Environmental Planning Policy BASIX 2004, State Environmental Planning Policy (Infrastructure) 2007; State Environmental Planning Policy No 55 - Remediation Of Land; State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017;

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment; Draft Environment State Environmental Planning Policy; Draft Remediation of Land SEPP; Draft Georges River Local Environmental Plan 2020;

Kogarah Local Environmental Plan 2012; Kogarah Development Control Plan 2013.

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

Architectural Plans, Statement of Environmental Effects, BASIX Certificate, Design Verification Statement, SEPP 65 Compliance Statement, Apartment Design Guide Compliance Table

 

 

 

Report prepared by

Development Assessment Planner

 

 

Recommendation

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

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

 

Yes

Clause 4.6 Exceptions to development standards

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

 

Not Applicable

 

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (under s7.24)?

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, the conditions can be reviewed when the report is published.

 

Site Plan

Figure 1: Aerial view of subject site outlined in blue

 

EXECUTIVE SUMMARY

Proposal

1.         The Section 4.56 Modification Application is sought to modify the original development consent under DA2018/0139 (as modified), approved by the NSW Land and Environment Court on 6 August 2019, the amendments seek the following:

 

a.    Various internal changes and reconfiguration of the layout between basement 3 and level 2 of the building;

b.    Extending the footprint of basement 3 to create structural uniformity with levels above and provide additional parking for three vehicles (residential) within this level;

c.    Minor reduction in size of commercial tenancies 101, 102, and 104 within the ground floor level (level 1);

d.    Deletion of commercial tenancy 105 within the ground floor (level 1) and conversion of residential apartments 203 and 204 within level 2 to three (3) x two (2) storey residential apartments partially utilising the space of commercial tenancy 105; and

e.    External façade changes accommodating the proposed modifications including materials and finishes as referenced in the Court approved conditions of consent.

 

Site and Locality

2.         The site is located on the north eastern side of Montgomery Street, Kogarah and forms part of the Kogarah Town Centre. The rectangular site has an area of approximately 1,347sqm with a frontage of 30.48m to Montgomery Street and a rear boundary of 30.48m to Moorefield Lane with an allotment depth of 44.4m. The site falls from Montgomery Street to Moorefield Lane, within the change in level being approximately 2.76m.

 

3.         Situated on the site is an existing three storey mixed use building with commercial tenancies located on the ground floor fronting Montgomery Street and residential apartments located on the two (2) levels above. The building occupies the entire site. Vehicular access to the site is currently via Moorefield Lane.

 

Zoning and Permissibility

4.         The site is zoned B4 – Mixed Use under the Kogarah Local Environmental Plan 2012 (KLEP 2012) and the proposed development is permissible with development consent.

 

Submissions

5.         The application was notified for a period of fourteen (14) days in accordance with the Kogarah Development Control Plan 2013. One (1) submission objecting to the development was received

 

Conclusion

6.         Having regard to the matters for consideration under Section 4.15(1) and the applicable assessment criteria under Section 4.56 of the Environmental Planning and Assessment Act 1979 and following a detailed assessment, the proposed modification application (MOD2020/0148) is recommended for approval subject to the conditions referenced at the end of this report.

 

REPORT IN FULL

Proposal

7.         The Section 4.56 Modification Application is sought to modify the original development consent under DA2018/0139 (as modified by MOD2019/0245), approved by the NSW Land and Environment Court on 6 August 2019. Development consent (DA2018/0139) granted consent for the demolition of existing structures and construction of a thirteen storey mixed use development comprising a residential flat building with 61 apartments over 1,110sqm of retail and commercial space on the ground and first floor at 32-38 Montgomery Street, Kogarah (site is now known as 32 Montgomery Street as detailed in paragraph 28).

 

8.         The amendments proposed as part of this modification application are further described for each level as follows:

 

Basement Levels 1 to 3

-      Amendments to column locations;

-      Plant room, fire egress, and residential storage reconfiguration;

-      Parking layout reconfigured to accommodate car spaces for modified retail/commercial floor area and additional residential apartment;

-      Extension of the footprint of basement three (3) to create structural uniformity with the levels above and provide additional parking for three (3) vehicles (residential) within this level.

 

Level 0 (Lower ground floor)

-      Amendments to column locations;

-      Reconfiguration of the plant room, residential storage areas, waste room, fire egress and the substation location.

 

Level 1 (Ground floor)

-      Amendments to column locations;

-      Deletion of commercial tenancy 105 fronting Moorefield Lane;

-      Creation of 3 x 2 storey apartments with lower level bedrooms occupying a portion of the now deleted commercial tenancy 105;

-      A reduction in size of commercial tenancies 101, 102, and 104 within the ground floor;

-      Reconfiguration of the internal layout and floor level changes; and

-      Rear façade changes to accommodate the amendments as well as incorporate the required changes as referenced in the conditions of consent.

 

Level 2

-      Conversion of residential apartments 203 and 204 to three (3) x two (2) storey residential apartments; and

-      Reconfiguration of the internal layout and floor level changes.

 

9.         No changes are proposed to levels 3 and above. The height and FSR of the building will remain as approved by MOD2019/0245. However there is a reduction on the commercial floor space and an increase in the residential floor space of the development.

 

10.      The application also proposes to delete condition 2 entitled ‘Building Design Amendments’ as its requirements have been satisfied within the current modification, and a previously approved modification. This content of this condition is referenced below.

 

11.      Condition 2 reads as follows:

 

2. Building design amendments

 

The following design changes are to be incorporated into the construction certificate plans which are to be submitted to the satisfaction of Council as part of the relevant construction certificate application:

 

(a)   The locations of the basement columns adjacent to the Montgomery St boundary and the Moorefield Lane boundary on Basement Levels 0, B3, B2, and B1 are to be amended so that the column locations align between levels.  A transfer beam is to be installed at level 0 to facilitate the changes in column location.

(b)   Basement Levels 3, 2, 1 and 0 are to be modified in accordance with the plans at Appendix D of the Joint Traffic Report of Ross Nettle and Paul Croft filed 1 July 2019.

(c)   Fixed screens shown on the bedroom windows of level 12 are to be deleted.

(d)   The extent of the painted areas on the facades of the building is to be reduced or changed to a colour pigmented render and an external finishes board showing a more varied colour palette is to be prepared.

 

12.      The following is how the applicant has demonstrated this condition has been satisfied:

 

-      Condition 2(a) has been satisfied as per the amendments to the basement whereby all the structural columns align vertically. Although no transfer beam was shown on the amended plans, it is considered that from a design perspective the building showcases structural uniformity between levels B3 and 0. Details in relation to the structural elements of the building will be required to be submitted to the PCA as part of the construction certificate.

 

-      Condition 2(b) has been deleted as per MOD2019/0245.

 

-      Condition 2(c) has been satisfied as per MOD2019/0245. The window was previously relocated further south east to prevent overlooking to the adjoining aged care building. The window also included screening to prevent overlooking from the common circulation area.

 

Figure 2: Originally approved window to apartment 1203 (left). Approved window amendment under MOD2019/0245 (right)

 

-      Condition 2(d) has been satisfied with the lodgement of an amended schedule of colours and finishes. As part of the amended schedule of finishes, the designer introduced a grey coloured exterior with a dusty green coating in addition to a range of different colours proposed along the exterior. It is also considered that the amended schedule of colours remains consistent with the design intent of the urban design and planning joint report for the court case regarding the base building resolution which stated:

 

“2.1. The experts agree expansion of the proposed use of patterned concrete (currently shown on the drawings before the court on the fire stair) could be expanded to the blank walls of both sides of the building and this would resolve this contention.”

 

13.      The requirements of this condition are considered satisfied by this application.

 

Numerical Summary of Amendments

14.      The proposed amendments have been summarised below. A comparison has been included against the most recently approved modification (MOD2019/0245).

 

Matrices

Approved development figures as per MOD2019/0245

Proposed development figures as per MOD2020/0148

Car Parking

Residential

61 (including 7 accessible)

64 (including 7 accessible)

Residential Visitor

9

9

Commercial
/retail

26 (including 2 accessible)

23 (including 2 accessible)

 

Total

96

96

Residential apartments

61

62

Commercial tenancies

8

7

 

15.      Note: Although the development proposes a reduction in commercial floor space, and an increase in residential floor space, the parking rates are still compliant with clause 3J of RMS Guide for Traffic Generating Development (GTTGD) - Metropolitan car parking rates. An additional accessible visitor car spaces will be required. This is discussed in detail below.

 

The Site and Locality

16.      The subject site is known as 32 Montgomery Street, Kogarah and is formally referred to as Lot 1 and Lot 2 DP 1257940 (formerly known as Lot B in DP 332533 and Lot 47 Section E DP 1397).

 

17.      The site is bounded to the north east by Moorefield Lane and situated between Kensington Street to the south east and Post Office Lane to the north west. It is located on the eastern side of the rail corridor and within 250m of Kogarah Railway Station. The development site is located on the north eastern side of Montgomery Street, Kogarah and forms part of the Kogarah Town Centre.

 

18.      The rectangular site has an area of approximately 1,347sqm with a frontage of 30.48m to Montgomery Street and a rear boundary of 30.48m to Moorefield Lane with an allotment depth of 44.4m. The site falls from Montgomery Street to Moorefield Lane, within the change in level being approximately 2.76m.

 

19.      Situated on the site is an existing three (3) storey mixed use building with commercial tenancies located on the ground floor fronting Montgomery Street and residential apartments located on the two (2) levels above. The building occupies the entire site. Vehicular access to the site is currently via Moorefield Lane.

 

Figure 3: Site photo showing existing building along Montgomery Street

 

Figure 4: Site photo showing existing building along Moorefield Lane

 

20.      Adjoining the site to the north west is a two storey brick commercial building (30 Montgomery Street), the building is known as Bethlehem House (aged care facility) containing a commercial building which also provides parking from Moorefield Lane.

 

21.      Adjoining the site to the south is a 2 storey commercial building (40-42 Montgomery Street) known as the Kogarah Specialist Centre.

 

22.      To the west on the opposite side of Montgomery Street is a commercial building being the Department of Technical Education (29-39 Montgomery Street).

 

23.      Further to the north of the site at 22-26 Montgomery Street is a set of heritage listed terraces. Development consent has been provided to enable the partial restoration of the terraces in conjunction with a multi storey commercial building currently under construction.

 

24.      Montgomery Street contains a mixture of single storey to multi storey buildings which are predominantly commercial in nature including the St George Bank building, the Kogarah Police Station, the heritage listed Kogarah Court House and St George TAFE.

 

25.      The precinct is a combination of low, medium and high scale commercial development, the site being in close proximity to the rail line, St George Public and Private Hospitals and the St George Technical College.

 

Background

26.      Development application (DA2018/0139) was lodged with Council on 11 April 2018. Applicant sought to appeal the application in the LEC against the deemed refusal of the development application on 24 August 2018.

 

27.      Development consent (DA2018/0139) was granted by the LEC on 6 August 2019 for the demolition of existing structures and construction of a thirteen storey mixed use development comprising a residential flat building with 61 apartments over 1110sqm of retail and commercial space on the ground and first floor at 32-38 Montgomery Street, Kogarah.

 

28.      New land and properties details were created for the subject site on 1 November 2019. The subject site is now known as Lot 1 and Lot 2 DP 1257940, 32 Montgomery Street, Kogarah.

 

29.      Modification application (MOD2019/0245) lodged to modify the plans including internal and external modifications. The modification was approved on 5 June 2020.

 

PLANNING ASSESSMENT

30.      The site has been inspected and the proposed development has been assessed under the provisions of Section 4.15(1) of the Environmental Planning and Assessment Act 1979. 

 

ENVIRONMENTAL PLANNING INSTRUMENTS

Environmental Planning and Assessment Act 1979

31.      The proposal is considered to be consistent with the Objectives of the Act.

 

Section 4.56 Modification under Environmental Planning and Assessment Act, 1979

32.      The proposal has been considered against relevant statutory provisions of Section 4.56 as follows:

 

(1)  A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the Court and subject to and in accordance with the regulations, modify the development consent if—

 

(a)     it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

 

33.      Comment: Applications under Section 4.56 of the Act cannot be granted if the modified development is not substantially the same as that which the consent was originally granted. In this regard, the modification should not be so substantial as to cause the application to lose its original identity.

 

34.      The proposed development as modified would represent substantially the same development for which consent was originally granted. The modification relates to internal and external reconfigurations and the addition of one residential apartment within the approved envelope. In addition, some of the proposed modifications relate to design change conditions referenced in the parent DA consent.

 

(b)     it has notified the application in accordance with—

(i)   the regulations, if the regulations so require, and

(ii)  a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(c)     it has notified, or made reasonable attempts to notify, each person who made a submission in respect of the relevant development application of the proposed modification by sending written notice to the last address known to the consent authority of the objector or other person, and

 

35.      Comment:  In accordance with the provisions of Council’s Public Notification process, the application was placed on neighbour notification for 14 days between 17 August 2020 and 31 August 2020. During this time one (1) submission was received by Council.  This has been discussed in detail later in this report.

 

36.      As per clause 4.56 (1)(c) it is required that all original objectors be notified of the Section 4.56 Modification Application.  A reasonable attempt has been made to notify all persons who have previously objected to DA2018/0139.

 

(d)     it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

 

37.      Comment: One (1) submission was received by Council. The issues raised included concern with regards to the height and the traffic impacts generated by the development. This has been discussed in detail later in this report.

 

(1A)  In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

 

38.      CommentThe proposal has been assessed under Section 4.15 which is detailed later in this report.

 

Environmental Planning and Assessment Regulation 2000

39.      The proposal is considered to have met the statutory requirements under Schedule 1 of the Regulation.

 

40.      The application has been accompanied by a design verification statement prepared by the appointed qualified designer pursuant to clause 115 (3) and (3A).

 

STATE ENVIRONMENTAL PLANNING POLICIES

41.      Compliance with the relevant State Environmental Planning Policies (SEPP) is detailed below.

 

State Environmental Planning Policy

Complies

State Environmental Planning Policy No. 65 Design Quality of Residential Apartment Development

Yes

State Environmental Planning Policy No 55 - Remediation of Land

Yes

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

Yes

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

Yes

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

 

State Environmental Planning Policy (Infrastructure) 2007

Yes

 

State Environmental Planning Policy No 55 - Remediation of Land

42.      SEPP 55 aims to promote the remediation of contaminated land in order to reduce the risk of harm to human health or any other aspect of the environment.

 

43.      Clause 7 requires contamination and remediation to be considered in determining a development application. The consent authority must not consent to the carrying out of development on land unless it has considered whether or not the land is contaminated.

 

44.      The proposed modifications primarily relate internal and external changes. Although additional excavation is proposed to basement 3, the extent of excavation is not considered to be excessive given the approved works under DA2018/0139. The application as approved already includes specific conditions in relation to contamination which will ensure that any contamination found is adequately remediated. In this regard, no further assessment is warranted with regards to site contamination and the objectives of SEPP 55 are considered to be satisfied.

 

Deemed State Environmental Planning Policy – Georges River Catchment

45.      The main aims and objectives of this plan include but are not limited to the following:

 

·      To maintain and improve the water quality and river flows of the Georges River and its tributaries and ensure that development is managed in a manner that is in keeping with the national, State, regional and local significance of the Catchment,

·      To protect and enhance the environmental quality of the Catchment for the benefit of all users through the management and use of the resources in the Catchment in an ecologically sustainable manner,

·      To ensure consistency with local environmental plans and also in the delivery of the principles of ecologically sustainable development in the assessment of development within the Catchment where there is potential to impact adversely on groundwater and on the water quality and river flows within the Georges River or its tributaries,

·      To establish a consistent and coordinated approach to environmental planning and assessment for land along the Georges River and its tributaries and to promote integrated catchment management policies and programs in the planning and management of the Catchment,

 

46.      The modifications do not adversely impact on the existing stormwater management of the site.

 

State Environmental Planning Policy (Infrastructure) 2007

47.      The aim of this Policy is to facilitate the effective delivery of infrastructure across the State by:

 

(a)  improving regulatory certainty and efficiency through a consistent planning regime for infrastructure and the provision of services, and

(b)  providing greater flexibility in the location of infrastructure and service facilities, and

(c)   allowing for the efficient development, redevelopment or disposal of surplus government owned land, and

(d)  identifying the environmental assessment category into which different types of infrastructure and services development fall (including identifying certain development of minimal environmental impact as exempt development), and

(e)  identifying matters to be considered in the assessment of development adjacent to particular types of infrastructure development, and

(f)    providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing, and

(g)  providing opportunities for infrastructure to demonstrate good design outcomes.

 

48.      The DA was referred to Ausgrid on 10 August 2020 in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Ausgrid advised on 5 September 2020 that they have no objection to the proposal and no conditions were recommended.

 

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

49.      BASIX Certificate No. 913143M_10  dated 29 July 2020 prepared by Efficient Living Pty Ltd  was lodged with the 4.56 modification application and indicates that the proposal meets the provisions and minimum requirements of BASIX in terms of water, thermal comfort and energy efficiency.

 

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

50.      State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings (State Environmental Planning Policy 65) was gazetted on 26 July 2002 and applies to the assessment of DAs for residential flat developments of three (3) or more storeys in height and containing at least four (4) dwellings. Amendment 3 to State Environmental Planning Policy 65 commenced on 17 July 2015 and implemented various changes including the introduction of the Apartment Design Guide (ADG) to replace the Residential Flat Design Code. Given the nature of the development proposed, State Environmental Planning Policy 65 applies.

 

Application of SEPP 65

Clause

Standard

Proposal

Complies

3 - Definitions

Complies with definition of “Residential Apartment Development”

The proposal complies with this definition.

Yes

4 - Application of Policy

Development involves the erection of a new RFB, substantial redevelopment or refurbishment of a RFB or conversion of an existing building into a RFB

This is a modification of an approval for the erection of a mixed use shop top housing development.

Yes

 

51.      Clause 29(2) of State Environmental Planning Policy 65 requires that the consent authority take into consideration the following as part of the determination of DAs to which State Environmental Planning Policy 65 applies:

 

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

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

(c)   the Apartment Design Guide.

 

52.      The modification application was not referred to the DRP given the application did not substantially change and still retains largely the same external finishes, footprint, and internal layout. The application has been reviewed having regard to the criterion of the ADG.

 

53.      The proposal satisfactorily satisfies the Design Quality Principles and provisions of the ADG. The tables below provide a comprehensive assessment against the principles, objectives and controls of State Environmental Planning Policy 65 and the ADG.

 

SEPP 65 - Schedule 1 Design quality principles

Clause

Council’s comments

Complies

1 – Context and neighbourhood character

The proposed additional apartment will not significantly alter the overall design of the approved building which was previously assessed as being in context with the surrounding area.

 

The building still provides an active street frontage towards Montgomery Street. The proposed removal of commercial tenancy 105 will not result in adverse visual impact as the tenancies approved location is above the street level and along the rear lane.

Yes

2 – Built form and scale

The approved mixed use/shop top housing building is located in an area undergoing change and therefore is compatible with the future character of the area given the uplift presently being experienced.

Yes

3 – Density

The proposal complies with the Floor Space Ratio control as per Kogarah LEP 2012.

Yes

4 – Sustainability

The development as modified makes efficient use of natural resources, energy and water throughout its full life cycle. It will meet the benchmarks of 25% energy reduction and 40% water reduction set out in the Building and Sustainability Index (BASIX).

 

The development as modified is designed to incorporate ESD principles. This is achieved by a central open space, effectively a breezeway that functions as a sink of cool air to create a refreshing environment for residents.

Yes

5 – Landscape

The landscaped area remains as approved.

Yes

6 – Amenity

The amended proposal to remove a commercial tenancy and add a residential apartment still achieves the amenity objectives and controls as per the AGD.

Yes

7 – Safety

The main entrances to the building will remain as approved. The new layout retains apartments with a frontage to Moorefield Lane which aids in providing further opportunities for street surveillance.

Yes

8 – Housing diversity and social interaction

The proposal will increase the number of 2 bedroom and 3 bedroom apartments, and reduce the number of 1 bedroom apartments. The proposed apartment mix is as follows:

 

62 apartments in total

3 x 1 bedroom (4.8%) 

55 x 2 bedroom (88.7%)

4 x 3 bedroom (6.45%)

 

The approved apartment mix is as follows:

 

61 apartments in total

4 x 1 bedroom (6.5%) 

54 x 2 bedroom (88.5%)

3 x 3 bedroom (4.9%)

 

The proposal involves reducing the commercial floor area by removing commercial tenancy 105 having an area of 168sqm. The resultant non-residential floor space accounts for 531sqm for retail, and 407sqm for commercial representing 938sqm.

 

The parking layout has been adjusted accordingly. Whilst the overall number of car parking spaces remain as approved, the car parking allocations have been adjusted in light of the proposed layout changes. The applicant will be required to allocate an additional accessible visitor car space in order to achieve compliance.

Yes

9 – Aesthetics

It is considered that the proposed addition is consistent with that of the approved mixed use building.

Yes

 

Clause 29 (2)(c) – Consideration of Apartment Design Guide

54.      An assessment has been undertaken based on the amended proposal being a studio apartment.

 

Objective

Standard

Proposal

Complies

Part 3 Siting the development

3D – Communal and Public Open Space

 

 

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

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

 

The communal open space is to be a minimum of 25% of the site, which equates to 513.6sqm for the subject site.

 

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

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

• provide larger balconies or increased private open space for apartments

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

 

2. Developments achieve a minimum of 50% direct

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

The proposal does not involve amending the communal open space as approved.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The communal open space is located on the rooftop which receives adequate levels of solar access given its unobstructed location.

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

3E – Deep Soil Zones

 

 

1. Deep soil zones are to meet the following minimum

requirements:

 Where site area is between 650sqm and 1500sqm = 3m minimum dimension

 

Deep soil = 7%

The proposal does not change the location of deep soil landscaping approved under the DA as the extent of modification works are located within the approved building footprint.

Yes

 

 

 

 

 

 

 

3F – Visual Privacy

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

 

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

 

Up to 12m (4 storeys)

Habitable rooms and balconies = 6m

 

 

 

 

 

 

 

 

 

 

 

 

 

The distance between the proposed apartments and the adjoining buildings will remain as existing. The new apartments adopt the footprint of approved apartments 203 and 204. The apartments are proposed to be 2 storeys in design by utilizing the space of commercial tenancy 105 which is being deleted. The blank boundary wall between the subject site and 40-42 Montgomery Street will remain as approved.

 

The proposal also involves amendments to the external colours and finishes schedule required by condition 2(d) of the consent introducing a varied colour palette to the exterior facades of the building. 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

3G – Pedestrian access and entries

Building entries and pedestrian access connects to and addresses the public domain

The main building pedestrian entry points will not be modified by this application and will remain as approved.

Yes

3H – Vehicle Access

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

This element remains unaltered by this proposal.

Yes

3J – Bicycle and car parking

1. For development in the following locations:

 

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

 

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

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

 

The car parking needs for a development must be provided off street

The proposal refers to the RMS Guide for Traffic Generating Development (GTTGD) given the site’s location less than 800m from a Kogarah Station. Given the subject site is located within Kogarah which is designated as a Strategic Centre under Sydney: A Plan for Growing Sydney, the technical note titled "Car parking requirements in SEPP 65" by the Department of Planning and Environment details that rates for Metropolitan Regional (CBD) Centre apply to the subject site.

 

Residential

 

Metropolitan regional centres (CBD):

0.4 spaces per 1 bedroom apartment

0.7 spaces per 2 bedroom apartment

1.2 spaces per 3 bedroom apartment

+1 space per 7 apartments (visitor parking)

 

As per the above, the proposal will require 45 car parking spaces for the residential apartment.

 

The proposal provides 64 residential car spaces therefore satisfying the residential component for car parking.

 

In relation to the visitor spaces, for a 62 apartment development, 8.85 car spaces (rounded to 9) are required. The development provides 9 visitor car spaces which is identical to the original approval. An accessible visitor car space will be required to be provided as per the requirements of Kogarah DCP. A condition will be imposed requiring that one residential car space be removed in order to create a shared space for one residential visitor space. This is discussed in detail below.

 

Note: Although the proposal provides in excess of the metropolitan car parking requirements, the additional car parking is not considered to utilize floor space given that the Kogarah DCP requires 75 car spaces (62 residential and 12.4 visitor spaces).

 

Commercial

In relation to the commercial component, the rates are prescribed in part E1- Kogarah Town Centre of Kogarah DCP as follows:

 

(i) 1 space per 40sqm for any floor space at ground floor level.

(ii) 1 space per 50sqm for all other floor space above ground floor level.

 

Note: Although the RMS GTTGD provides a rate of 1 car space/40sqm for commercial space, Kogarah DCP includes a specific rate for above ground floor rates which has been utilised in this case.

 

-     Ground floor retail space: 531sqm

 

Car spaces required: 13.2(rounded to 14).

 

-     First floor commercial space: 407sqm

 

Car spaces required: 8.14(rounded to 9).

 

Based on the above, 23 commercial car spaces are required and have been provided.

 

In relation to accessibility, 1% of all car spaces are required to be accessible as per Kogarah DCP.

 

-     Residential: (64 car spaces provided) 7 accessible spaces are provided which is compliant. 

 

-     Residential visitor: (9 car spaces provided) 0.09 accessible spaces (rounded to 1) is required and will be required to be provided by way of a condition of consent.

 

-     Commercial: (23 car spaces provided) the development provides for 2 accessible car spaces which is compliant.

 

This is further discussed in the DCP section of this report.

Yes

 

A condition of consent will be imposed requiring one residential car space to be converted to a shared space in order to allow for one accessible residential visitor car space.

 

Part 4 Designing the building

4A – Solar Access

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

 

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

The private open space areas of proposed apartments 203, 204 and 205 will received the same amount of sunlight as per the original approval. It is noted that the amount of private open space for the three (3) amended apartments (203, 204 and 205) will increased if compared to that of the original application given each apartment will have access to a balcony on each of their respective storeys.

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

4B – Natural Ventilation

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

 

Overall depth of a cross-over or cross-through

apartment does not exceed 18m, measured glass line to glass line

The amended apartments 203, 204 and 205 include windows on the north eastern and south western aspects to allow for cross ventilation. The location of the apartments will not change, rather the layout and the size of the apartments is the only variable.

Yes

 

 

 

 

 

 

 

 

4C – Ceiling Heights

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

Habitable rooms  = 2.7m

Non-habitable rooms = 2.4m

Apartments 203, 204 and 205:

Habitable rooms = minimum 2.8m

Non-habitable rooms = minimum 2.8m

Yes

4D 1 –Apartment size and layout

Apartments are required to have the following

minimum internal areas:

 

1 bedroom: 50sqm

2 bedrooms: 70sqm

3 bedrooms: 90sqm

 

 

 

 

 

 

 

 

 

 

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

 

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

 

 

 

 

 

 

Apartment 203 (2 bedrooms): 115sqm

 

Apartment 204 (2 bedrooms): 103sqm

 

Apartment 205 (3 bedrooms): 117sqm

 

The remainder of the apartments remain unchanged.

 

Size takes into consideration additional bathrooms.

 

 

 

 

 

All habitable rooms include a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room.

 

Concern is raised with regards to a room along the ground level of apartment 203 (figure 5 below). The room appears to be a habitable room with no external window. A condition will be imposed to prohibit the use of that space for habitable purposes.

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes, a condition will be imposed to prevent the use of the room labelled as ‘ST’ in apartment 203 for habitable purposes.

 

Figure 5: Identified room with no external windows shown with the annotation ‘ST’

4D 2 –Apartment rooms, location and sizes

Habitable room depths are limited to a maximum of

2.5 x the ceiling height

 

In open plan layouts (where the living, dining and

kitchen are combined) the maximum habitable room depth is 8m from a window

The combined depth of the habitable rooms for apartments 203, 204, and 205 is in accordance with objective 4D.

 

The living, dining, and kitchen area combined have a depth of 8.0m (excluding the kitchen stove space).

Yes

4D 3 –Apartment rooms, location and sizes

Living rooms or combined living/dining rooms have a

minimum width of:

 

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

 

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

 

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

• 3.6m for studio and 1 bedroom apartments

• 4m for 2 and 3 bedroom apartments

The minimum width of the studio living/dining room is 4.96m.

 

 

Master bedrooms (including ensuite) are greater than 10sqm. All bedrooms are 9sqm or greater (as per scaled calculations).

 

 

All proposed bedrooms have dimensions 3.0m or greater (as per scaled calculations).

 

 

Apartments 203, 204, and 205 have living/dining area width of at least 4.0m (as per scaled calculations).

Yes 

4E – Private Open Space and balconies

All apartments are required to have primary balconies as follows:

 

2 bedroom apartments: 10sqm and 2m

 

3+ bedroom apartments: 12sqm 2.4m

 

 

 

 

 

Apartments 203, 204, and 205 have balconies being 12sqm in size with minimum dimensions of 3.0m (as per scaled calculations).

 

 

 

 

 

Yes

4F – Circulation spaces

The maximum number of apartments off a circulation

core on a single level is eight

Five (5) apartments have been provided on level 2 which share two (2) separate lifts. The commercial component includes a separate lift core.

Yes

 

4G – Storage

In addition to storage in kitchens, bathrooms and

bedrooms, the following storage is provided:

 

2 bedrooms - 8m³

 

 

 

 

 

3+ bedrooms - 10m³

 

 

 

 

 

50% of storage to be located within basement

 

 

 

 

 

 

 

At least 4 of storage within each of the two (2) bedroom apartments (under stairs and within wardrobes). The additional storage is within the basement.

At least 5 of storage within each of the 3 bedroom apartment (under stairs and within wardrobes). The additional storage is within the basement.

The amended basement layout shows sufficient amounts of storage areas within all basement level which will be utilized by the residents of the building.

Yes

4K – Apartment Mix

A variety of apartment types is provided

The proposal will contribute to the diversity of the apartment composition as follows:

 

62 apartments in total

3 x 1 bedroom (4.8%) 

55 x 2 bedroom (88.7%)

4 x 3 bedroom (6.45%)

 

4M – Facades

Facades should be well resolved with an appropriate scale and proportion to the streetscape and human scale.

The façade is well articulated and varied through the use of different materials and finishes, as approved which will be continued and incorporated into the additional apartment.

 

It is noted that the subject apartments as amended will not include a planter box along the outer façade of their associated balconies, in contrast to the previous approval. As per the approved north-east elevation plans, the planter boxes are not visible from the public domain and thus their exclusion will not result in a significantly different outer façade.

 

The proposal also involves amendments to the external colours and finishes schedule required by condition 2(d) by introducing a varied colour palette to the exterior facades of the building. 

Yes

4N – Roof Design

Roof treatments are integrated into the building design and positively respond to the street.

 

Opportunities to use roof space for residential accommodation and open space are maximised. Incorporates sustainability features.

No proposed changes to the roof.

 

 

Yes

4O – Landscape Design

Landscape design is viable and sustainable, contributes to the streetscape and amenity

The amended proposal does not result in changes to the landscape areas provided.

Yes

4P – Planting on structures

Planting on structures – appropriate soil profiles are provided, plant growth is optimised with appropriate selection and maintenance, contributes to the quality and amenity of communal and public open spaces.

The landscape design approved as per the original DA and subsequent modification remains unaltered by this modification.

Yes

4Q – Universal Design

Universal design – design of apartments allow for flexible housing, adaptable designs, accommodate a range of lifestyle needs

Design and mix of apartments allows for different occupants with a range of lifestyle needs. Lift access is provided to all apartments.

Yes

4R – Adaptive Reuse

Adaptive reuse as apartment of existing buildings- new additions are contemporary and complementary, provide residential amenity while not precluding future adaptive reuse

The proposal is a new development and not an adaptive reuse of a building.

 

Yes

4U – Energy Efficiency

Development incorporates passive environmental design, passive solar design to optimise heat storage in winter and reduce heat transfer in summer, natural ventilation minimises need for mechanical ventilation

The proposal incorporates a compliant BASIX Certificate, with the commitments in the design to provide appropriate energy efficiency features.

Yes

4W – Waste Management

Waste management – storage facilities are appropriately designed, domestic waste is minimised by convenient source separation and recycling

Waste facilities are provided which are accessible to all residents. There is a bin storage room on level 0 which can cater for the additional apartment.

Yes

4X – Building Maintenance

Building maintenance – building design provides protection form weathering, enables ease of maintenance, material selection reduces ongoing maintenance cost

The apartment will comprise the same materials as approved in the original DA.

Yes

 

55.      As demonstrated above, the proposal generally complies with State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development. All minor matters can be resolved through conditions of consent as highlighted above which include converting 1 residential car spaces to a an accessible car space in favour of a residential visitor space and limiting the use of a room that receives inadequate solar amenity as per objective 4D.

 

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

Draft Environmental State Environmental Planning Policy

56.      The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018. This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland and Willandra Lakes World Heritage Property. Changes proposed include consolidating the following seven existing SEPPs:

 

·      State Environmental Planning Policy No. 19 – Bushland in Urban Areas;

·      State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011;

·      State Environmental Planning Policy No. 50 – Canal Estate Development;

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

·      Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2 1997);

·      Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005;

·      Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property.

 

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

 

Draft Remediation of Land State Environmental Planning Policy

58.      The Draft Remediation of Land SEPP was exhibited from 31 January 2018 to 13 April 2018. The proposed remediation of land SEPP will:

 

·      Provide a state-wide planning framework for the remediation of land;

·      Maintain the objectives and reinforce those aspects of the existing framework that have worked well;

·      Require planning authorities to consider the potential for land to be contaminated when determining development applications and rezoning land;

·      Clearly list the remediation works that require development consent;

·      Introduce certification and operational requirements for remediation works that can be undertaken without development consent.

 

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

 

Kogarah Local Environmental Plan 2012 (KLEP 2012)

60.      The subject site is zoned B4 Mixed Use under the provisions of the Kogarah Local Environmental Plan 2012 (KLEP 2012). The approved use as a mixed use development comprising commercial premises and a residential flat building is a permissible form of development with Council’s consent.

 

61.      The objectives of the B4 Mixed Use zone as per clause 2.3 under the KLEP 2012 are:

 

·      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.

 

  Figure 6: Zoning map as per KLEP 2012 with the site highlighted in blue (Source: Intramaps 2020).

 

62.      The modification of the proposed development is not inconsistent with the objectives of the zone as the approved development typology is not changing and will continue to be a mixed use development comprising of residential apartments and commercial/retail premises.

 

63.      The modified proposal will not impact upon the ability of the development to meet the objectives of the B4 zone.

 

64.      The site is within 250m of the Kogarah Railway Station and contained within the Kogarah Town Centre which makes the location highly accessible. The development will create employment opportunities in an accessible location with the ability to utilise more sustainable methods of transport given the close proximity of the site to the railway station and town centre.

 

65.         An assessment with the KLEP 2012 provisions relevant to the amended plans is detailed within the following table.

 

KLEP 2012 Compliance Table

Clause

Standard

Comment

Complies

Part 2 Permitted or prohibited development

2.2 Zone

B4 Mixed Use

The proposal is for a mixed use development comprising retail, commercial, and residential uses.

Yes

2.7 Demolition

Demolition requires development consent

No consent for demolition is sought under this modification.

Yes

Part 4 Principal development standards

4.3 Height of Buildings

39m as identified on Height of Buildings Map

The height of building will remain as approved.

Yes

4.4 Floor space ratio

4.5:1 (as identified on Floor Space Ratio Map)

The FSR will remain as approved; it is merely a change from commercial to residential floor space in this application.

Yes

Part 5 Miscellaneous provisions

5.10 Heritage Conservation

Consider the effect of development on heritage significance of heritage items and heritage assessment may be required

The subject site is within the vicinity of the following heritage items:

- Leah Buildings at 22-28 Montgomery Street (Item 183) and

- Kogarah Courthouse at 25-27 Montgomery Street Kogarah (Item 184).

 

The proposed modification application was referred to Councils Heritage Advisor who raised no objection to the proposed amendments.

Yes

Part 6 Additional local provisions

6.1 Acid sulfate soils (ASS)

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

The site is not affected by acid sulfate soils.

Yes

6.2 Earthworks

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

The proposed development includes excavation and associated earthworks to accommodate three (3) levels of basement car parking. The extent of works is considered to be consistent with that of other approved built forms within the locality. Although additional excavation is required to make way for the proposed basement extension, the additional amount of excavation needed is not considered substantial given the extent and scale of the approved development. Conditions existing on the consent to protect adjoining allotments in this process.

Yes

6.3 Flood planning

 

The objectives of this clause are as follows:

 

(a) to minimise the flood risk to life and property associated with the use of land,

(b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,

(c)  to avoid significant adverse impacts on flood behaviour and the environment.

The subject land is not identified as being affected by flooding.

Yes

6.5 Airspace Operations

The consent authority must not grant development consent to development that is a controlled activity within the meaning of Division 4 of Part 12 of the Airports Act 1996 of the Commonwealth unless the applicant has obtained approval for the controlled activity under regulations made for the purposes of that Division.

Approval has been previously provided permitting the building to be at a maximum height of 69.61m (AHD). The current modification does not seek to amend the height of the building.

Yes

 

DRAFT GEORGES RIVER LOCAL ENVIRONMENTAL PLAN 2020

66.      Consideration is given to the provisions of Draft Georges River Local Environmental Plan 2020 in the assessment this application.

 

67.      In this regard, the provisions have no determining weight as a result of proposed operation of Clause “1.8A Savings provisions relating to development applications” of the Draft Plan which provides “If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.”

 

DEVELOPMENT CONTROL PLANS

68.      The proposed development is subject to the provisions of Kogarah Development Control Plan 2013 (KDCP 2013).

 

Kogarah DCP 2013 Part E1 Kogarah Town Centre

Clause

Standard

Proposed

Complies

2. Local Precinct Character Statements

2.3 –Montgomery Street Precinct

Land Uses

 (a) Reinforce Montgomery Street as a major mixed use, active street, encompassing retail, commercial and medical/civic uses with retail shop fronts along much of its length.

 

Street Frontage

(d) Address the street, at the station end of Montgomery Street up to the TAFE building, with small scale retail and commercial development at ground level.

The building as modified will represent a development that is substantially the same as the originally approved. The development will not be altered along the Montgomery Street interface.

Yes

3. Built Form

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.

 

(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 floor to ceiling levels are in compliance with the DCP and the ADG (which takes precedence).

Yes

3.9 – Parking Provision in the Kogarah Town Centre

3.9.1 Car Parking (1) Residential parking is to be provided in developments at the following rates: 

 

(i) 1 resident car space is to be provided on-site for each dwelling. (ii) 1 visitor car space is to be provided on-site for each 5 dwellings

 

(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.

 

(ii) 1 space per 50sqm for all other floor space above ground floor level.

 

(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.

As per ADG objective 3J the proposal refers to the RMS Guide for Traffic Generating Development (GTTGD) given the site’s location less than 800m from a Kogarah Station. In this regard, the ADG rates take precedence over Council’s car parking rates. This is assessed in detail under objective 3J of the ADG.

 

Note: Although the proposal provides in excess of the metropolitan car parking requirements, the additional car parking is not considered to utilize floor space given that the Kogarah DCP requires 75 car spaces.

 

-     Residential: (64 car spaces provided). 7 accessible spaces are provided which is compliant. 

 

-     Residential visitor: (9 car spaces provided). 0.09 accessible spaces (rounded to 1) is required and will be required to be provided by way of a condition of consent.

 

-     Commercial: (23 car spaces provided). The development provides for 2 accessible car spaces which is compliant.

 

Although the number of visitor car spaces provided is identical to that of the original approval, the overall demand for these spaces is likely to increase given the increase in the number if residential apartments provided. It is considered that with the addition of a shared space to a visitor car space, the development will provide equitable access to all residents and visitors of the building.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A condition of consent will be imposed requiring one residential car space to be converted to a shared space in order to allow for one accessible residential visitor car space.

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.

Part 3J-2 of the ADG provides that: “Secure undercover bicycle parking should be provided that is easily accessible from both the public domain and common areas”.

 

Although no bicycle rates apply in the ADG, based on the DCP rates, the development is required to provide 33 bicycle spaces.

 

The development provides 29 bicycle spaces, representing a short fall of 4 spaces.

 

It is noted that the original application has approved provided 24 bicycle spaces. With the current application proposing to reduce the commercial floor space and add one (1) residential apartment, the proposal has provided for 5 additional bicycle spaces bringing the total to 29.

 

Given the original proposal was supported with only 21 bicycle spaces, it is considered that the five (5) additional bicycle spaces is acceptable.

 

DCP variation: 12.1%

Acceptable

 

 

69.      Controls found in KDCP 2013 Part E1 (4) Urban Design are overridden by the ADG thus were not considered as part of the assessment of this modification.

 

INTERIM POLICY GEORGES RIVER DEVELOPMENT CONTROL PLAN 2020

70.      The proposal has been considered in accordance with the relevant provisions within the Georges River Council Interim Development Control Plan 2020 relating to residential flat buildings. No specific clauses apply to the proposal, and any reference to the ADG has been assessed above.

 

IMPACTS

Natural Environment

71.      The modified works are contained within the approved building footprint. The additional excavation needed for the basement remains within the envelope of the approved development and is considered satisfactory. The amended proposal will not result in changes to stormwater disposal or impact on any neighbouring or street trees. Additional excavation will be required in basement however given the scale of the proposal; this additional excavation is considered to be acceptable.

 

Built Environment

72.      The modification as proposed results in a scale and form being acceptable and consistent with the future character of the locality.

 

Social Impacts

73. The modification is unlikely to result in any unreasonable social impacts given the mixture of uses contained in the proposal. Whilst the modification seeks to remove one (1) commercial premise and add an additional residential apartment, the proposed changes will still allow the proposal to achieve the objectives of the B4 Mixed Use zone and will still deliver a quality development within the Kogarah Town Centre.

 

Economic Impacts

74.      The modification is unlikely to result in any unreasonable economic impacts given the mixed nature of the use.

 

Suitability of the site

75.      It is considered that the proposed modification of the approved development will not impact upon the approved building form and scale. The development remains a suitable development for the site having regard to the land shape, topography, the built form and relationship to adjoining developments.

 

SUBMISSIONS, REFERRALS AND THE PUBLIC INTEREST

76.      The application was notified to ­­adjoining owners, occupiers, for a period of 14 days between 17 and 31 August 2020.  In response, one (1) submission was received raising the following issues.

 

Height of the development

77.      Concern was raised with regards to the height of the development. It is noted that the height of the development will not be amended by the current modification. The overall height will remain as previously approved.

 

Traffic Impacts

78.      Concern was raised regarding traffic impacts generated by the development. Although the development seeks to amend the approved layout of the basement, the development still provides the required car parking spaces as per objective 3J of the Apartment Design Guide and the Kogarah DCP. The traffic generation of the amended development is unlikely to differ from that of the original approval.

 

Council Referrals

Team Leader - Subdivision and Development (Stormwater and Subdivision)

79.      No objections were raised, and no specific conditions of consent have been recommended to be amended, deleted or added.

 

Consultant Arborist

80.      No objections were raised, and no specific conditions of consent have been recommended to be amended, deleted or added.

 

Heritage Advisor

81.      No objections were raised, and no specific conditions of consent have been recommended to be amended, deleted or added.

 

External Referrals

Ausgrid

82.      The application was referred to Ausgrid as per Clause 45(2) of the State Environmental Planning Policy (Infrastructure) 2007 for consideration. In response, no objection was received in relation to the proposed modifications.

 

Public Interest

83.      The amended proposal has been assessed against the relevant planning policies applying to the site having regard to the objectives of the controls.  Following a detailed assessment the proposal as modified is considered to be in the public interest.

 

Section 7.11 Contributions

84.      A revised Section 7.11 Contribution amount of $939,904.01 is applicable. This has taken into consideration the loss of commercial floor space and the additional apartment and changes in the apartment mix.

 

CONCLUSION

85.      The application has been assessed having regard to Section 4.15 and Section 4.56 of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policies and the provisions of the Kogarah Local Environmental Plan 2012 and Kogarah Development Control Plan 2013 and Draft Kogarah Local Environmental Plan.

 

86.      The proposal on its merits is acceptable for the reasons outlined within this report. The proposal is reasonable given the objectives of the controls have been adequately satisfied and the modification does not result in any unreasonable amendment to the built form or operation of the development.

 

87.      Following a detailed assessment contained within this report, it is considered that MOD2020/0148 should be approved subject to conditions 1, 18, 23, 24, 25 being modified, conditions 80A and 98A being added with condition 2 being deleted.

 

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

88.      The reasons for this recommendation are:

·      The proposed development generally complies with the requirements of the relevant environmental planning instruments and development control plan.

·      The proposed modification to amend the layout of the approved mixed use building is considered to still represent substantially the same development as originally approved.

·      The proposal provides a mixed use development that responds to community needs and demands.

·      The modification remains consistent with the objectives of the zone and the character of the locality.

·      The development is not inconsistent with the Georges River Local Environmental Plan 2020.

 

Determination

89.      That pursuant to Section 4.56 of the Environmental Planning and Assessment Act 1979 (as amended) the Georges River Local Planning Panel, grant consent to modification application (MOD2020/0148) seeking internal and external alterations to the approved development to accommodate a thirteen (13) storey mixed use development comprising a residential flat building with sixty two (62) apartments over 938sqm of retail and commercial space under DA2018/0139 (as modified) for the demolition of existing structures and construction of a thirteen storey mixed use development comprising a residential flat building with 61 apartments over 1,110sqm of retail and commercial space.

 

Conditions to be modified:

·    1 – Approved plans.

·    18 – Development Contributions.

·    23 – Required Design changes.

·    24 – Natural Cross Ventilation requirement.

·    25 – Traffic and Parking.

 

The following conditions have been added:

·    80a Allocation of car parking spaces.

·    98A – Use of room.

·    122 through to and including 145 – Advisory conditions

 

The following conditions have been deleted:

·    Condition 2 – ‘Building design amendments’ has been deleted.

 

CONDITIONS OF CONSENT (MOD2020/0148) DA2018/0139

32 – 38 Montgomery Street Kogarah

Section A          Development Details

 

1.         Approved Plans

 

The development must be implemented in accordance with the approved plans and supporting documentation listed below, except as amended by conditions of this consent:

 

Reference Number

Description

Date

Revision

Prepared by

DA001

Cover Page

16 July 2019

13 December 2019

30 June 2020

CC

DD


FF

Stanisic Architects

DA002

Context Analysis Plan

16 April 2019

AA

Stanisic Architects

DA008

Site Analysis Plan

16 April 2019

AA

Stanisic Architects

DA009

Site Plan

16 July 2019

13 December 2019

30 June 2020

BB

CC


DD

Stanisic Architects

DA010

Montgomery Street Elevation

18 June 2019

BB

Stanisic Architects

DA100

Basement 3 Plan

17 July 2019

13 December 2019

30 June 2020

EE

FF


HH

Stanisic Architects

DA101

Basement 2 Plan

17 July 2019

13 December 2019

30 June 2020

EE

FF


GG

Stanisic Architects

DA102

Basement Plan 1

17 July 2019

13 December 2019

30 June 2020

FF

GG


II

Stanisic Architects

DA103

Level 0 (LG) Plan

17 July 2019

13 December 2019

30 June 2020

FF

GG


HH

Stanisic Architects

DA104

Level 1 (G) Plan

5 July 2019

13 December 2019

30 June 2020

CC

DD


EE

Stanisic Architects

DA105

Level 2 Plan

16 July 2019

13 December 2019

30 June 2020

II

JJ


KK

Stanisic Architects

DA106

Level 3 Plan

16 July 2019

13 December 2019

FF

GG

Stanisic Architects

DA107

Level 4 Plan

16 July 2019

13 December 2019

DD

EE

Stanisic Architects

DA108

Level 5 Plan

16 July 2019

13 December 2019

DD

EE

Stanisic

Architects

DA109

Level 6 Plan

16 July 2019

13 December 2019

EE

FF

Stanisic Architects

DA110

Level 7 Plan

16 July 2019

13 December 2019

DD

EE

Stanisic Architects

DA111

Level 8 Plan

16 July 2019

13 December 2019

DD

EE

Stanisic Architects

DA112

Level 9 Plan

16 July 2019

13 December 2019

DD

EE

Stanisic Architects

DA113

Level 10 Plan

16 July 2019

13 December 2019

DD

EE

Stanisic Architects

DA114

Level 11 Plan

16 July 2019

13 December 2019

DD

EE

Stanisic Architects

DA115

Level 12 Plan

16 July 2019

13 December 2019

DD

EE

Stanisic Architects

DA116

Roof Terrace Plan

5 July 2019

13 December 2019

DD

EE

Stanisic Architects

DA117

Roof Plan

12 July 2019

13 December 2019

30 June 2020

DD

EE


FF

Stanisic Architects

DA201

South West Elevation

16 July 2019

13 December 2019

CC

DD

Stanisic Architects

DA202

North East Elevation

16 July 2019

13 December 2019

30 June 2020

CC

DD


EE

Stanisic Architects

DA203

North West Elevation

12 July 2019

13 December 2019

BB

DD

Stanisic Architects

DA204

South East Elevation

16 July 2019

13 December 2019

CC

DD

Stanisic Architects

DA205

Section AA

12 July 2019

13 December 2019

30 June 2020

CC

DD


EE

Stanisic Architects

DA206

Section BB

16 July 2019

13 December 2019
30 June 2020

CC

DD

EE

Stanisic Architects

DA207

Section CC

16 July 2019

13 December 2019

30 June 2020

CC

DD


EE

Stanisic Architects

DA208

Section DD

12 July 2019

13 December 2019

30 June 2020

CC

DD


EE

Stanisic Architects

DA209

Section EE

30 June 2020

AA

Stanisic Architects

A001

Typical Pool + Ceiling Section

18 June 2019

AA

Stanisic Architects

A002

Typical Floor to Ceiling Section

18 June 2019

AA

Stanisic Architects

A005

Loading dock plan

16 April 2019

AA

Stanisic Architects

DA701

Adaptable Unit Plan (F03)

19 July 2019

BB

Stanisic Architects

DA801

GFA Sheet 1

5 July 2019

13 December 2019

30 June 2020

CC

DD


EE

Stanisic Architects

DA802

GFA Sheet 2

5 July 2019

13 December 2019

CC

DD

Stanisic Architects

DA803

GFA Sheet 3

5 July 2019

13 December 2019

CC

DD

Stanisic Architects

DA804

GFA Sheet 4

5 July 2019

13 December 2019

30 June 2020

CC

DD


EE

Stanisic Architects

DA805

Open Space Diagram

16 July 2019

13 December 2019

30 June 2020

BB

CC


DD

Stanisic Architects

DA806

HOB ‘Fog’ Diagram

3 July 2019

13 December 2019

BB

CC

Stanisic Architects

DA901

Montgomery Street View

16 July  2019

13 December 2019

BB

DD

Stanisic Architects

DA902

Moorefield Lane View

16 July 2019

13 December 2019

BB

DD

Stanisic Architects

Unnumbered

External Materials, Finishes and Colour Board

16 April 2019

18 September 2019 and 29 July 2020

DD

Stanisic Architects

38031 - CI-000-01

Civil Works Cover Sheet

15 April 2019

A

Wood and Grieve Engineers

38031 – CI-060-01

General Arrangement Plan - Ground

 

15 April 2019

C

Wood and Grieve Engineers

38031 – CI-060-02

General Arrangement Plan – Lower Ground

18 June 2019

D

Wood and Grieve Engineers

38031 – CI-060-03

General Arrangement Plan – Basement Level 1

15 April 2019

C

Wood and Grieve Engineers

38031 – CI-060-04

General Arrangement Plan – Basement Level 2

15 April 2019

C

Wood and Grieve Engineers

38031 – CI-060-05

General Arrangement Plan – Basement Level 3

15 April 2019

C

Wood and Grieve Engineers

38031 – CL 060- 12

General Arrangement Plan – Level 12

19 June 2019

A

Wood and Grieve Engineers

38031 – CI-066-01

General Arrangement -  Details

15 April 2019

C

Wood and Grieve Engineers

38031 – CI-070-01

Erosion and Sediment Control Plan

15 April 2019

C

Wood and Grieve Engineers

38031 – CI-076-01

Erosions and Sediment Control Details

28 March 2018

A

Wood and Grieve Engineers

UT F04

F04

19 July 2019

13 December 2019

DD

EE

Stanisic Architects

UT F03/2

F03/2

13 December 2019

AA

Stanisic Architects

UT F03/1

F03/1

16 July 2019

13 December 2019

BB

CC

Stanisic Architects

UT F03

F03

16 July 2019

13 December 2019

BB

CC

Stanisic Architects

UT F02/2

F02/2

13 December 2019

AA

Stanisic Architects

UF F02/1

F02/1

16 July 2019

13 December 2019

BB

CC

Stanisic Architects

UT F02

F02

16 July 2019

13 December 2019

BB

CC

Stanisic Architects

UT F01/1

F01/1

16 July 2019

13 December 2019

BB

CC

Stanisic Architects

UT F01

F01

16 July 2019

13 December 2019

DD

EE

Stanisic Architects

UT A01

A01

16 July 2019

13 December 2019

BB

CC

Stanisic Architects

UT B01

B01

16 July 2019

13 December 2019

BB

CC

Stanisic Architects

UT J01/1

J01/1

16 July 2019

13 December 2019

BB

CC

Stanisic Architects

UT J01

J01