AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Thursday, 22 April 2021

Time:

4.00pm

Venue:

Council Chambers, Civic Centre, Hurstville

Panel Members:

Sue Francis (Chairperson)

Milan Marecic (Expert Panel Member)

Jason Perica (Expert Panel Member)

Fiona Prodromou (Community Representative)

 

 

1. On Site Inspections

a)     16 Lesley Crescent Mortdale

b)     9 Marine Drive, Oatley

c)      2-8 James Street, Blakehurst

d)     29-31 Dora Street Hurstville

2. Opening

3. Consideration of items and verbal submissions

LPP006-21             9 Marine Drive, Oatley – DA2020/0241

(Report by Senior Development Assessment Planner)

LPP007-21             16 Lesley Crescent Mortdale – 149D2020/0048

(Report by Building Surveyor)

LPP008-21             2-8 James Street, Blakehurst – DA2020/0366

(Report by Senior Development Assessment Planner)

LPP009-21             29-31 Dora Street Hurstville – DA2020/0470

(Report by Development Assessment Planner)

4. LPP Deliberations in Closed Session

5. Confirmation of Minutes


Georges River Council – Local Planning Panel   Thursday, 22 April 2021

Page 2

 

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 22 April 2021

 

LPP Report No

LPP006-21

Development Application No

DA2020/0241

Site Address & Ward Locality

9 Marine Drive, Oatley

Peakhurst Ward

Proposed Development

Demolition work, retention of existing swimming pool, construction of a dwelling house, construction of a detached outbuilding (gym) and decking

Owners

R Awadalla

Applicant

S Kirovski

Planner/Architect

Femme Build

Date Of Lodgement

22/06/2020

Submissions

Round 1: 16 submissions. Round 2: 5 Submissions

Cost of Works

$770,000

Local Planning Panel Criteria

The application is for a dwelling house and more than five (5) objections were received.

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

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

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment, State Environmental Planning Policy No.55 – Remediation of Land, State Environmental Planning Policy (Infrastructure) 2007, Draft Evironmental State Environmental Planning Policy, Draft State Environmental Planning Policy – Remediation of Land, Draft Georges River Local Enviromental Plan 2020,

Hurstville Local Environmental Plan 2012, Hurstville Development Control Plan No. 1

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

Architectural Plans, Statement of Environmental Effects, Stormwater Plans, Arborist Report, Submissions

 

 

 

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

That the application be approved subject to the conditions in this 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, standard conditions have been attached with no design changes

 

Site Plan

 

 


 

Executive Summary

Proposal

1.         Development consent is sought for the demolition of the existing dwelling and garage, tree removal, and construction of a two storey dwelling house and pool deck.

 

Site and Locality

2.         The lot is an irregular shape and has a total site area of 765sqm (by title) and a 18.16m (with splay corner of 0.9m) frontage to Marine Drive. The site slopes up from the street and down from the rear yard toward the rear site boundary.

 

3.         The site is currently occupied by a dwelling house, detached garage and swimming pool (the pool is registered on the NSW Swimming Pool Register, and complies with the relevant legislation, however no approval can be found on file for the pool).

 

4.         In the wider context, the subject site is located in an established R2 Low Density Residential Area containing single and two storey dwelling houses. The site is located in the Foreshore Scenic Protection Area. Photos of the subject site and immediate neighbours are provided below.

 

Zoning and Permissibility

5.         The site is zoned R2 - Low Density Residential under the provisions of Hurstville Local Environmental Plan 2012 (HLEP 2012). Dwelling houses and ancillary development are permitted with consent.

 

Submissions

6.         A total of 21 public submissions were received (16 in the first round of notification and five in the notification period of the amended plans). The issues raised in the submissions include tree removal, stormwater design, privacy impacts, overshadowing, built form, setbacks, landscaped area, excavation and location of the pool pump and clothesline.

 

Conclusion

7.         Having regard to the matters for consideration under section 4.15(1) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment, the proposed Development Application (DA2020/0241) is recommended for approval subject to conditions of consent.

 

Report in Full

PROPOSAL

8.         Development consent is sought for the demolition of the existing dwelling and garage, tree removal, and construction of a two storey dwelling house and a pool deck.

 

9.         A detailed description of the proposal is as follows:

-        The existing dwelling is proposed to be demolished and three trees removed.

-        Decking is proposed around the existing swimming pool.

-        The proposed dwelling contains:

Car parking for two cars and storage;

A ground level with living areas, study, WC, laundry, kitchen, alfresco area at the rear and street-facing balcony at the front;

A first floor with five bedrooms (including a master bed with ensuite), a bathroom and study, and front balconies.

 

Figure 1: Proposed site plan

 

BACKGROUND

10.      The proposal was amended during the assessment of the application. Changes from the original proposal include deletion of the proposed gym and deck above, siting of the dwelling to retain trees on the site. The pool is existing and the proposed deck around the pool as shown in Figure 1 is not supported.

 

THE SITE AND LOCALITY

11.      The site is identified as Lot 241 in DP11934 and is known as No. 9 Marine Drive, Oatley. The lot is triangular in shape and has a total site area of 765sqm with a 19m frontage to Marine Drive.

 

12.      The site is currently occupied by a dwelling house, detached garage and swimming pool.

 

13.      In the wider context, the subject site is located in an established R2 Low Density Residential Area containing a single and two storey dwelling houses. The site is located in the Foreshore Scenic Protection Area. Photos of the subject site and immediate neighbours are provided below.

 

Figure 2: The subject site as viewed from Marine Drive

Figure 3: The rear elevation and yard of the subject site

 

Figure 4: The pool on the subject site

 

Figure 5: The rear of No. 1 Marine Drive (looking north from the pool deck)

 

Figure 6: The pool on No. 11 Marine Drive (looking south from the pool deck)

 

Figure 7: No. 7 Marine Drive (north of the subject site)

 

Figure 8: No. 11 Marine Drive (south of the subject site)

 

Figure 9: Development opposite the site on the western side of Marine Drive

 

Compliance and Assessment

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

 


 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

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

 

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

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

 

A review of the site history 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 there is no indication that the land is contaminated.

 

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

17.      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. BASIX Certification is also triggered when proposing a swimming pool with a volume of 40,000 litres.

 

A BASIX Certificate prepared by Femme Build, dated 27 October 2020, certificate number 1093241S_02, has been submitted with the Development Application satisfying the minimum requirements of State Environmental Planning Policies (Building Sustainability Index: BASIX) 2004.

 

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

18.      The Vegetation State Environmental Planning Policy regulates clearing of native vegetation on urban land and land zoned for environmental conservation/management that does not require development consent.

 

The Vegetation State Environmental Planning Policy 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). 

 

19.      The objectives of the State Environmental Planning Policy 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 State Environmental Planning Policy as the site is within both Georges River Council and the R2 Low Density Residential zone.


 

 

20.      Pursuant to Clause 8(1) of the State Environmental Planning Policy, 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).

 

21.      As part of the proposal, three trees have been nominated for removal. The application was referred to Council’s Consultant Arborist and specific conditions of consent have been recommended if the application is to be supported. No street trees were nominated for removal.

 

STATE ENVIRONMENTAL PLANNING POLICY (COASTAL MANAGEMENT) 2018

22.      State Environmental Planning Policy (Coastal Management) 2018 updates and consolidates three previous State Environmental Planning Policies (SEPP 14 Coastal Wetlands, SEPP 26 Littoral Rainforests, SEPP 71 Coastal Protection) into one integrated Policy and is a matter for consideration for the current DA.

 

23.      The Coastal Management State Environmental Planning Policy 2018 aims to: “Promote an integrated and co-ordinated approach to land use planning in the coastal zone in a manner consistent with the objects of the Coastal Management Act 2016 including the management objectives for each coastal management area”.

 

24.      Under State Environmental Planning Policy (Coastal Management) 2018, the subject site is mapped as a Coastal Environment area and a Coastal Use area. These have the following management objectives under the State Environmental Planning Policy:

(a)     to protect and enhance the coastal environmental values and natural processes of coastal waters, estuaries, coastal lakes and coastal lagoons, and enhance natural character, scenic value, biological diversity and ecosystem integrity,

(b)     to reduce threats to and improve the resilience of coastal waters, estuaries, coastal lakes and coastal lagoons, including in response to climate change,

(c)     to maintain and improve water quality and estuary health,

(d)     to support the social and cultural values of coastal waters, estuaries, coastal lakes and coastal lagoons,

(e)     to maintain the presence of beaches, dunes and the natural features of foreshores, taking into account the beach system operating at the relevant place,

(f)      to maintain and, where practicable, improve public access, amenity and use of beaches, foreshores, headlands and rock platforms.

 

25.      The following is an assessment of the matters for consideration listed under the State Environmental Planning Policy as applicable to the Coastal Environment Area and Coastal Use Area.


 

State Environmental Planning Policy Control

Proposal

Complies

13. Development on land within the coastal environment area

(1) Development consent must not be granted to development on land that is within the coastal environment area unless the consent authority has considered whether the proposed development is likely to cause an adverse impact on the following:

(a)  the integrity and resilience of the biophysical, hydrological (surface and groundwater) and ecological environment,

Surface water runoff is to be managed in accordance with the approved stormwater management plan and relevant conditions imposed. The proposal is generally satisfactory subject to conditions.

NA

(b)  coastal environmental values and natural coastal processes,

The proposal is used for residential purposes and will unacceptably impact the coastal environmental values and there is not impact on coastal processes.

Yes

(c)  the water quality of the marine estate (within the meaning of the Marine Estate Management Act 2014), in particular, the cumulative impacts of the proposed development on any of the sensitive coastal lakes identified in Schedule 1,

Appropriate standard conditions to be imposed to ensure water quality is maintained. The site is not located on any of the sensitive coastal lakes identified in Schedule 1.

Yes

(d)  marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms,

There will be no unreasonable impact upon these features. The trees proposed for removal have been supported by Council’s Arborist as discussed further in this report.

Yes

(e)  existing public open space and safe access to and along the foreshore, beach, headland or rock platform for members of the public, including persons with a disability,

Subject site does not have access to the foreshore.

NA

(f)   Aboriginal cultural heritage, practices and places,

 

The allotment is not known as a place of Aboriginal significance. There is no impact in terms of Aboriginal heritage.

NA

(g)  the use of the surf zone.

The development is not located near the surf zone.

NA

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

(a) the development is designed, sited and will be managed to avoid an adverse impact referred to in subclause (1), or

The proposal is generally satisfactory in terms of impact as discussed throughout this report.

Yes

(b) if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

NA

NA

(c) if that impact cannot be minimised—the development will be managed to mitigate that impact

NA

NA

14 Development on land within the coastal use area

(1) Development consent must not be granted to development on land that is within the coastal use area unless the consent authority:

(a) has considered whether the proposed development is likely to cause an adverse impact on the following:

(i) existing, safe access to and along the foreshore, beach, headland or rock platform for members of the public, including persons with a disability,

Subject site does not have access to the foreshore.

Yes

(ii) overshadowing, wind funnelling and the loss of views from public places to foreshores,

The proposal will not shadow the foreshore.

Yes

(iii) the visual amenity and scenic qualities of the coast, including coastal headlands,

The proposal is a cascading development form following the topography of the site. This development form is not inconsistent with the development forms in the locality and will not be visible from the river.

Yes

(iv) Aboriginal cultural heritage, practices and places,

The property is not a known site of Aboriginal heritage.

NA

(v) cultural and built environment heritage, and

The site does not contain or adjoin any heritage items.

NA

(b) is satisfied that:

 

 

(i) the development is designed, sited and will be managed to avoid an adverse impact referred to in paragraph (a), or

Proposal is generally satisfactory in terms of impact as discussed throughout this report.

Yes

(ii) if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

NA

NA

(iii) if that impact cannot be minimised—the development will be managed to mitigate that impact, and

NA

NA

(c) has taken into account the surrounding coastal and built environment, and the bulk, scale and size of the proposed development.

 

Development is generally satisfactory in terms of the built form controls in Hurstville LEP 2012 and Development Control Plan.

 

The development form and scale is not inconsistent with the built form immediately adjoining and that of the visual catchment.

Yes

 

26.      Generally, the proposed development is consistent with the management objectives of the State Environmental Planning Policy.

 

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 — GEORGES RIVER CATCHMENT

27.      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,

 

The proposed stormwater drainage system has been assessed by Council’s Development Engineer and has been found to be satisfactory and conditions of consent can be imposed should the application be approved.

 

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

 

Draft Environmental State Environmental Planning Policy

28.      The Draft Environment State Environmental Planning Policy was exhibited from 31 October 2017 to 31 January 2018. This consolidated State Environmental Planning Policy 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 State Environmental Planning Policies:

·        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.

 

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

 

Draft Remediation of Land State Environmental Planning Policy

30.      The Draft Remediation of Land State Environmental Planning Policy was exhibited from 31 January 2018 to 13 April 2018. The proposed remediation of land State Environmental Planning Policy 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.

 

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

 

Draft Design and Place State Environmental Planning Policy

32.      The Draft Design and Plan State Environmental Planning Policy will repeal and replace State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. The explanation of intended effect of the draft State Environmental Planning Policy was publicly exhibited in February/March 2021. Following submissions of the EIE the draft State Environmental Planning Policy will be on public exhibition in late 2021.

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

33.      The subject site is zoned R2 Low Density Residential under the provisions of the Hurstville Local Environmental Plan 2012. The proposed development is for a dwelling house and ancillary structures which are permissible land uses in the zone.

 

34.      The extent to which the proposed development complies with the Hurstville Local Environmental Plan 2012 is detailed and discussed in the table below.

 

Clause

Standard

Proposal

Complies

2.2 Zoning 

R2 Low Density Zone

The development type proposed comprises of a dwelling house and ancillary structures.

Yes

2.3 Zone objectives

Objectives of the R2 Zone.

The density and height of the proposal and design generally satisfies the zone objectives.

Yes

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

8m.

Yes


 

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

(An assessment under Clause 6.5 – Gross floor area of Dwelling Houses in Residential Zones is referenced later in this table)

See Clause 6.5 below

Yes

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl4.5(b

The floor space of the dwelling has been calculated in accordance with Clause 4.5 and the “gross floor area” definition within the Hurstville Local Environmental Plan.

Yes

6.4 – Foreshore Scenic Protection Area (FSPA)

The objectives of clause are:

 

(a)  to recognise, protect and enhance the natural, visual, environmental and heritage qualities of the scenic areas of Hurstville and the Georges River,

(b)  to protect significant views to and from the Georges River,

(c)  to reinforce the dominance of landscape over built form.

 

 

 

The proposal is a suitable response to the site as discussed in this report.

 

 

 

Views to and from the river are not adversely impacted by the proposal.

 

The trees approved for removal are to be replaced 2:1 in accordance with council’s tree management policy.

 

 

 

Yes

 

 

 

 

Yes

 

 

 

Yes

 

6.5 – Gross Floor Area of Dwellings in residential zones

The gross floor area calculation

≤ 630 square metres Site area × 0.55

> 630 square metres ≤ 1000 square metres

(Site area − 630) × 0.3 + 346.50

> 1000 square metres ≤ 1500 square metres

(Site area − 1000) × 0.2 + 457.50

> 1500 square metres

(Site area − 1500) × 0.1 + 557.50

Maximum: 387sqm

Proposed: 372sqm

Yes


 

6.7 – Essential Services

Development consent must not be granted to development unless services that are essential for the development are available

The specified essential services are currently available to the site and can be extended to service the development; conditions could be imposed if the application was to be supported.

Yes

 

Draft Georges River Local Environmental Plan 2020

35.      The Local Planning Panel considered the report on the outcomes of the Public Exhibition and Finalisation of Georges River Local Environmental Plan 2020 (DLEP2020) on 25 and 26 June 2020. In relation to this development site the zoning, height and floor space ratio are unchanged.

 

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

 

37.      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 PLAN

38.      The proposed development is subject to the provisions of the Hurstville Development Control Plan. The following comments are made with respect to the proposal considering the objectives and controls contained within both Development Control Plans.

 

Applicable Development Control Plan Controls

Development Control Plan Provisions

Development Provisions

Complies

Chapter 4.4 Dwelling Houses on Standard Lots

Neighbourhood character

DS1.1        The development application is supported by a Statement of Environmental Effects that:

a.      includes a satisfactory neighbourhood and site description, including the identification of the key features of the neighbourhood and site

b.      shows how the siting and design response derives from and responds to the key features identified in the neighbourhood and site description

c.      demonstrates that the residential development proposal respects the existing or preferred neighbourhood character and satisfies objectives of the zone in the LEP

The proposal is supported by an SEE and addresses the key features of neighbourhood character and demonstrates how the siting and design responds to the site. 

 

Yes

Building Height

DS2.1. Maximum building height is in accordance with the LEP

 

DS2.2. Maximum ceiling height is 7.2m above the existing ground level vertically below that point. Note: maximum ceiling height is measured at the intersection of the upper most ceiling with the internal face of any external wall

 

DS2.3. For flat roofed dwellings, maximum height to the top of the parapet of the building is: a. 7.8m above the existing ground level vertically below that point.

 

DS2.4. For steep or sloping sites, the building is sited and designed to be staggered or stepped into the natural slope of the land

The maximum building height is 8m.

 

 

 

6.8m

 

 

 

 

 

 

 

 

 

 

 

7.5m

 

 

 

 

 

 

 

 

The site is not steeply sloping within the building footprint area.

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

Setbacks

DS3.1. The minimum front setback to a primary street is:

a. 4.5m to the main face of the dwelling or

b. 5.5m to the garage

 

 

 

DS3.2. For properties greater than 15m in width, the minimum setback to a secondary street boundary is 2.0m to the wall of the dwelling

 

DS3.3. For properties 15m or less in width, the minimum setback to a secondary street boundary is in accordance with the side boundary setback requirements.

 

DS3.5. The minimum side setback inside the FSPA is 900mm (ground floor) and 1.5m (first floor).

 

DS3.6. Minimum rear boundary setbacks are:

a       3m for any basement and ground floor level solid wall

b.      6m for first floor level solid walls

c.       where a first floor balcony is proposed at the rear, 6m from the balustrade

 

DS3.7. For battle-axe lots, minimum side boundary setbacks apply to all boundaries.

 

 

 

5m

 

2.16m

 

 

 

NA

 

 

 

 

 

 

 

NA

 

 

 

 

 

 

 

 

Both levels:

Northern side - 1.465m

Southern side – 1.2m to 4.2m

 

 

 

 

31m

 

 

31m

 

29m

 

 

 

 

NA

 

 

 

Yes

 

No – refer to discussion below

 

N/A

 

 

 

 

 

 

 

NA

 

 

 

 

 

 

 

 

No – refer to discussion below

 

 

 

 

 

Yes

 

 

Yes

 

Yes

 

 

 

 

NA

Discussion on front setback to garage: The proposed setback to the garage is 2m which does not comply with the minimum control of 5.5m. The non-compliance is supported on merit as there are numerous examples in the immediate locality of garages on, or close to, the street boundary as a result of the topography of the land, either sloping up from Marine Parade, for properties on the eastern side of the street, or sloping away from the street on the western side of Marine Parade. It is noted that the existing garage is located within the front setback of the existing dwelling, and the proposed new dwelling and garage seek to utilise the existing driveway.

 

The non-compliance is considered worthy of support on merit for the reasons outlined above.

 

 

 

Discussion on side setbacks: The proposed dwelling is setback 1.465m from the northern side boundary at both levels, and between 1.2m and 4.2m on both levels to the southern side boundary. The control stipulates 0.9m for the ground floor and 1.5m for the first floor. Each ground floor complies.

 

The siting of the new dwelling is based on the siting of the existing dwelling and the need to retain and protect certain trees on the site. During the assessment of the application, the design was amended to retain trees at the front of the site, as well as in the rear yard.

 

Despite the minor numerical non-compliance of the first floor (north - 0.035m and south - 0.3m) the proposal still meets the objectives of the control which include areas for landscaping, visual privacy, retaining existing patterns of development and maintaining view corridors. The proposal meets the minimum landscaped area, limits windows to active areas in size and number to the side boundaries.

 

The non-compliance is considered worthy of support on merit for the reasons outlined above.

Facades

DS4.1. The dwelling house has a front door or window to a habitable room facing the primary street frontage.

 

DS4.2. The dwelling house incorporates at least two of the following building elements facing any street frontage:

a.      entry feature or portico

b.      awnings or other features over windows

c.       eaves and sun shading

d.      window planter box treatment

e.      bay windows or similar features

f. wall offsets, balconies, verandas, pergolas or the like

 

DS4.3. Garage doors are not wider than 6m

Complies

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The garage door is 5.8m wide.

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

Solar Access

DS6.1. Development allows for at least 3 hours of sunlight on the windows of main living areas and adjoining principal private open space of adjacent dwellings between 9.00 am and 3.00 pm on 22 June.

 

DS6.2. Development complies with the Energy Efficiency section in Appendix 1 of this Development Control Plan and BASIX requirements.

 

DS6.3. Buildings are encouraged to incorporate window shading devices where necessary to minimise exposure to direct summer sun. Alternatively, windows may be shaded by the planting of large trees, including deciduous species.

Adjoining properties will continue to receive greater than 3 hours during mid-winter to private open space areas and main living areas – refer to discussion below.

 

 

 

The proposal is BASIX compliant.

 

 

 

 

 

 

The proposal is BASIX compliant.

Yes

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

Discussion on solar access to neighbouring property:

 

A submission was received in relation to overshadowing from a neighbouring property, No. 11 Marine Drive, which is south of the subject site. An inspection of the neighbour’s house was undertaken to establish which windows would be impacted by the proposed dwelling in terms of solar access. The windows impacted by the proposal are on the northern side of the building, however these windows, are not all located in the primary living area of the dwelling. The primary living area of the dwelling also has east facing windows.

 

The affected windows on the northern elevation of the neighbouring house are depicted in the existing and proposed elevational shadow diagrams submitted by the applicant. These are reproduced below:

 

Existing shadow mid winter (northern elevation of No. 11 Marine Drive)

 

Proposed shadow mid winter (northern elevation of No. 11 Marine Drive)

 

The diagrams indicate the extent of overshadowing of the proposed dwelling compared to the existing dwelling is negligible.

 

Visual Privacy

DS7.1. Windows of proposed dwelling must be offset from neighbouring windows by 1m, especially windows of high-use rooms.

 

 

 

 

 

 

DS7.2. Windows for primary living rooms must be designed so that they maintain privacy of adjoining site’s principal private open space.

 

DS7.3. Development applications are accompanied by a survey plan or site analysis plan (to AHD) of the proposed dwelling showing the location of adjoining property windows, floors levels, window sill levels and ridge and gutter line levels.

Windows are offset from adjoining properties. Due to the size and number of the north-facing windows proposed, a condition has been recommended that they all be frosted/opaque glass or have a minimum sill height of 1.6m.

 

The windows for primary living areas are to the rear yard of the subject site.

 

 

 

 

The application includes survey plan and architectural plans indicating the adjoining properties, and window sill levels.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

Noise

DS8.1. Noise generators such as plant and machinery including air conditioning units and pool pumps are located away from windows or other openings of habitable rooms, screened to reduce noise or acoustically enclosed.

 

DS8.2. For sites in proximity to a busy road or railway line, development is to comply with the provisions of State Environmental Planning Policy (Infrastructure) 2007 and the NSW Government’s Development Near Rail Corridors and Busy Roads - Interim Guideline

There is no change to the existing pool pump location.

Yes

Vehicle access, parking and manoeuvring

DS9.1. Car parking is provided on site in accordance with the following minimum rates:

a.      for 1 and 2 bedroom dwellings, 1 car parking space

b.      for 3 or more bedroom dwellings, 2 car parking spaces

 

DS9.2. For all new dwellings, at least 1 car space must be located behind the front building setback

 

DS9.3. Enclosed or roofed car accommodation, including garages and carports, are located at least 1m behind the main setback. Note: Carports forward of the front setback may be considered where no vehicular access behind the front building alignment is available.

 

DS9.4. The maximum width of a garage opening is 6m.

 

DS9.9. Driveway gradients must be constructed in accordance with Australian Standard 2890.1(2004).

 

 

 

 

 

 

 

2 spaces

 

 

 

The garage is located partially further forward of the building line – refer to comments on garage setback earlier.

 

The garage is integrated with the design of the dwelling.

 

 

 

 

 

 

 

 

 

 

 

5.8m.

 

 

 

Complies.

 

 

 

 

 

 

 

Yes

 

 

 

Supported on merit

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

Yes

Landscaped areas and private open space

DS10.1. Where located outside the FSPA, a minimum of 20% of site area is landscaped open space.

 

DS10.2. Where located in the FSPA, a minimum of 25% of the site area is landscaped open space.

 

DS10.3. The minimum dimension of landscaped open space is 2m in any direction.

 

DS10.4. A minimum of 15sqm of the landscaped open space is provided between the front setback and the street boundary in the form of a front yard.

 

DS10.5. An area of Principal Private Open Space is to be provided which:

a.      has a minimum area of 30m2

b.      has a minimum dimension of 5m

c.       is located at ground level and behind the front wall of the dwelling

d.      is directly accessible from a main living area

N/A

 

 

 

 

 

35%.

 

 

 

 

Complies.

 

 

 

 

48sqm.

 

 

 

 

 

 

 

174sqm and is located at ground level and accessible from main living area.

N/A

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

Stormwater

DS11.1. Diversion of flows from one drainage sub-catchment to another is not encouraged.

 

DS11.2. Stormwater drainage is to occur by:

a.  drainage by gravity to the adjacent road kerb and Council’s drainage system or

Council’s Development Engineer has provided comments and raised no objection in this regard, subject to the recommended conditions relating to this development if the proposal was able to be supported.

 

Yes

Balconies

DS14.1. Access to balconies and terraces is direct from a habitable room at the same floor level. Note: a level difference of one step may be considered for the purpose of rain water protection.

 

DS14.2. Balconies and terraces include fixed planter boxes and / or privacy screens.

 

 

DS14.3. Fixed planter boxes are at least 1m wide.

 

DS14.4. Privacy screens are between 1.5m and 1.8 m high

 

DS14.5. Terraces are not visible from the street.

 

 

DS14.6. Roof top terraces are not provided.

 

DS14.7. Development applications for terraces and balconies must provide sight line diagrams that demonstrate how privacy issues to neighbouring properties are proposed to be addressed.

Complies

 

 

 

 

 

 

 

 

 

The street-facing first floor balconies have solid privacy walls.

 

 

 

NA

 

 

 

1.8m

 

 

 

There are no private open space terraces visible from the street.

 

 

Not proposed.

 

 

 

The rear alfresco area has solid side walls to reduce the opportunity for overlooking.

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

NA

 

 

 

Yes

 

 

 

Yes

 

 

 

 

Yes

 

 

 

Yes

 

 

Georges River Development Control Plan 2020

39.      The Georges River Development control Plan was made by the Georges River Local Planning Panel on 24 March 2021.

 

40.      This does not come into effect until the Georges River Local Environmental Plan is gazetted.

 

Interim Policy Georges River Development Control Plan 2020

41.      The proposed development is subject to the provisions of the Interim Policy Georges River Development Control Plan 2020. Only the applicable aspects have been assessed with respect to the Interim Development Control Plan. All other aspects have been thoroughly assessed under Hurstville Development Control Plan. 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 Development Control Plan is prepared and implemented. Comments are made with respect to the proposal satisfying the objectives and controls contained within the Development Control Plan.

 

Section

Interim Policy Control

Proposal

Complies?

Building Setback (Front)

 

 

Minimum setback from the primary street boundary is:

 

a) 4.5m to the main building face

b) 5.5m to the front wall of garage, carport roof or onsite parking space

Or

a) Within 20% of the average setback of dwellings on adjoining lots

 

 

 

5m

 

2m

 

 

 

NA

 

 

 

Yes

 

No

 

 

 

NA

Building Setback (Rear)

 

 

Buildings are to have a minimum rear setback of 15% of the average site length, or 6m, whichever 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

31m

 

 

 

 

Consistent

Yes

 

 

 

 

Yes

 

Building Setback (Side)

 

The minimum side setback outside the FSPA is 900mm (ground floor) and 1.2m (first floor)

 

The minimum side setback inside the FSPA is 900mm (ground floor) and 1.5m (first floor) with a minimum of 5.5m in front of any proposed new garage.

NA

 

 

 

 

N – 1.465m

S – 1.2m to 4.2m

NA

 

 

 

 

Supported on merit – refer to discussion in Development Control Plan table.

Landscaped area

 

Where located outside the FSPA, a minimum of 20% of site area is landscaped open space

 

Where located inside the FSPA, a minimum of 25% of the site area is landscaped open space

 

The minimum dimension of landscaped open space is 2m, designed in a useable configuration 

 

A minimum of 15m2 of the landscaped open space is provided between the front setback and the street boundary in the form of a front yard

NA

 

 

 

 

35%

 

 

 

 

Complies

 

 

 

 

48sqm

NA

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

Yes

 

Private Open Space

 

An area of Principal Private Open Space is to be provided which:

 

a) has a minimum area of 30m2

b) has a minimum dimension of 5m, designed in a useable configuration

c) is located at ground level and behind the front wall of the dwelling

d) is directly accessible from a main living area

 

 

 

 

174sqm

 

10m x 12m

 

 

Complies

 

 

Complies

 

 

 

 

Yes

 

Yes

 

 

Yes

 

 

Yes

Basement/

Land Modification

 

 

Basements are permitted where Council’s height controls are not exceeded, and it is demonstrated that there will be no adverse environmental impacts (e.g. affectation of watercourses and geological structure).

 

Basements for low grade sites (ie < 12.5% Grade front to rear):

 

a) Basements on land where the average grade is less than 12.5% are permitted only where they are not considered a storey (see definition below) and the overall development presents as 2 storeys to the street.

 

b) A basement is not considered a storey if it is:

 

situated partly below the finished ground and the underside of the ceiling is not more than 1m above the natural ground at the external wall for a maximum of 12m in length, with the exception of the façade in which the garage door is located. 

A semi basement garage is proposed which will not have any adverse impacts on watercourses or geological structures on the site.

Yes

Solar Access

Development allows for at least 3 hours of sunlight on the windows of main living areas and adjoining principal private open space of adjacent dwellings between 9.00 am and 3.00 pm on 22 June.

 

Note 1: Development applications for development two storeys and over are to be supported by shadow diagrams demonstrating compliance with this design solution.

 

Note 2: Exemptions will be considered for developments that comply with all other requirements but are located on sites with an east-west orientation

 The neighbouring property to the south will receive more than 3 hours sunlight to more than 50% of the private open space area and living room windows.

 

Refer to additional discussion under the Development Control Plan.

 Yes

 

IMPACTS

 

Natural Environment

42.      The proposal seeks to remove three trees from the site and the removal has been assessed and endorsed by Council’s Consultant Arborist. If the application was to be supported conditions would be imposed for replacement trees to be provided.

 

43.      The proposed works will not directly impact the natural environment with the built form but will indirectly impact the environment through excavation works and drainage management, which have been designed to minimise impacts.  

 


 

Built Environment

44.      The proposal represents a good planning outcome for the site with respect to its bulk, scale and density and is an appropriate response to the context of the site and its R2 Low Density Residential zoning.

 

Social Impact

45.      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.

 

Economic Impact

46.      The proposal is not considered to result in unreasonable material economic impact.

 

Suitability of the Site

47.      The site is zoned R2 Low Density Residential. The proposal is a permissible form of development in this zone and has been appropriately designed given the site constraints and context of the site in the locality.

 

SUBMISSIONS, REFERRALS AND THE PUBLIC INTEREST

48.      The application was advertised and adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. 16 submissions were received during the neighbour notification period.

 

49.      Issue: Tree removal

Comments: Council’s Consulting Arborist has reviewed the application. The plans submitted with the DA originally proposed the removal of eight trees. Through amendments to the design, the number of trees to be removed has been reduced to three trees, which is supported by Council’s Arborist. 18 trees are to be retained and protected, including the six Angophoras in the rear yard. The trees permitted to be removed include the Jacaranda at the front of the site as it is located within the building footprint of the dwelling. The dwelling has been reduced in length to ensure the retention and protection of the significant trees in the rear yard and a condition is included for replacement planting to offset the loss of the trees to be removed.

 

50.      Issue: Stormwater Design

Comments: The stormwater from the site is to be drained to Marine Parade via new pipes to a pit in the kerb and edge of the rockface. Council’s Development Engineer has reviewed the application and stormwater plan submitted, and raises no concern. Conditions of consent have been provided.

 

51.      Issue: Privacy impacts from pool deck and proposed gym

Comments: The proposed gym has been deleted from the proposal. The proposed extension of the pool deck the northern boundary is not supported. A design change condition is recommended such that the existing pool deck is to be retained and no extension is permitted. (The pool is registered on the NSW Swimming Pool Register however no approval can be found on file for the pool). The pool complies with the relevant legislation for pool safety. As a result of the design change condition to delete the proposed deck around the pool, the pool does not form part of this DA.

 

52.      Issue: Overshadowing

Comments: The proposal complies with the Hurstville Development Control Plan control that requires adjoining properties to have solar access to the private open space area and living room windows for a minimum of 3 hours during midwinter.

 

A submission was received in relation to overshadowing from a neighbouring property, No. 11 Marine Drive, which is south of the subject site. An inspection of the neighbour’s house was undertaken to establish which windows would be impacted by the proposed dwelling in terms of solar access. The windows impacted by the proposal are on the northern side of the building, however these windows, are not all located in the primary living area of the dwelling. The primary living area of the dwelling also has east facing windows.

 

The affected windows on the northern elevation of the neighbouring house are depicted in the existing and proposed elevational shadow diagrams submitted by the applicant. These are reproduced below:

 

           

Existing shadow mid winter (northern elevation of No. 11 Marine Drive)

 

Proposed shadow mid winter (northern elevation of No. 11 Marine Drive)

 

The diagrams indicate the extent of overshadowing of the proposed dwelling compared to the existing dwelling is negligible.

 

53.      Issue: Three storey appearance

Comments: The proposed garage is partially beneath the proposed dwelling. The extent to which the garage walls extend above the natural ground level on the southern elevation is an appropriate design response to the sloping nature of the land.

 

54.      Issue: Setback to the street

Comments: The reduced setback to the street of the garage is supported on merit due to the existing location of the garage and other examples of garages forward of the building line in the immediate locality. The setback of the dwelling house is compliant with the 4.5m control in the Hurstville Development Control Plan for dwelling houses.

 

55.      Issue: Non-compliant landscaped area

Comments: The landscaped area proposed as part of the development exceeds the minimum control of 25% in the Hurstville Development Control Plan 2012. The proposal provides 35% landscaped area.

 

56.      Issue: Excavation damage

Comments: Conditions of consent have been recommended for pre and post construction dilapidation reports to be prepared for neighbouring properties.

 

57.      Issue: Location of pool pump and AC unit

Comments: AC is not proposed as part of the development. The pool pump will remain in its existing location.

 

58.      Issue: Location of clothes line

Comments: Council staff raise no issue with the location of the clothes line as it will have no adverse impact on adjoining properties.

 

59.      Issue: 1938 Covenant prohibiting excavation

Comments: The covenant refers to the “…excavation and removal of any earth, clay, gravel, stone soil or sand from the land except for the purposes of excavating for the foundation of any building to be erected thereon…”

 

Clause 1.9A of the Hurstville Local Environmental Plan 2012 states:

 

1.9A   Suspension of covenants, agreements and instruments

(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

 

For the purposes of planning assessment, the covenant is suspended to enable development on the land. This is not a fetter on council’s power.

 

Conditions of consent have been recommended requiring pre and post construction dilapidation reports to be prepared.

 

Council Referrals

Development Engineer

60.      Council’s assessment of the drainage system concluded that the proposal is satisfactory. The dwelling will drain to Marine Parade and conditions of consent provided.

 

Consultant Arborist

61.      The plans submitted with the DA originally proposed the removal of eight trees. Through amendments to the design, the number of trees to be removed has been reduced to three trees, which is supported by Council’s arborist.

 

62.      The Jacaranda at the front of the site is to be removed and a Thyer valuation undertaken, with the fees payable to offset the loss of the tree for the planting of new trees elsewhere in the local government area, pursuant to council’s Tree Management Policy. In addition, the removal of three trees from the rear yard are to be replaced at a ratio of 2:1 on the site.

 

63.      If the application was to be supported conditions of consent would be imposed.

 

External Referrals

Ausgrid

64.      The application was referred to Ausgrid as per Clause 45(2) of the State Environmental Planning Policy (Infrastructure) 2007. No objection was raised and no conditions of consent required.

 

 

Contributions

65.      The development is subject to Section 7.12 (former Section 94A Contribution) contribution as the proposed cost of works exceed $100,000.00. In accordance with Council’s Section 94A Contributions Plan 2017, Section 7.12 – Fixed Development Consent Levies are applicable to dwelling house developments. A condition of consent requiring payment of the contribution will be imposed should the application be supported.

 

CONCLUSION

66.      The proposal has been assessed using the matters for consideration listed in Section 4.15 of the Environmental Planning and Assessment Act 1979. The proposal is considered to be a reasonable redevelopment of the site and the proposed scale, bulk and height is considered to be an acceptable planning and design outcome for this site and will be consistent with the existing and desired future character of development in the R2 zoned land in this location and immediate locality.

 

67.      The proposal has been assessed against the provisions of the relevant State Environmental Planning Policies, Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No. 1. The proposal satisfies the key planning controls in the Local Environmental Plan.

 

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

68.      The reasons for this recommendation are:

·        The proposal is an appropriate response to the zoning of the site.

·        The proposed development complies with the requirements of the relevant environmental planning instruments.

·        The proposed design has been sensitively considered to be consistent with the existing and desired future character for development in this area.

·        The proposal has effective façade modulation and wall articulation that will serve to provide visual interest and reduce the bulk of the building.

 

Determination

69.      THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979, as amended, the Georges River Local Planning Panel, grants development consent to Development Application DA2020/0241 demolition work and construction of a dwelling house on Lot 241 in DP 11934 known as 9 Marine Drive, Oatley, subject to the following conditions of consent:


 

 

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

Proposed Demolition Plan

A.01.0

5/3/21

04

Femme Build

Proposed Site Plan

A.01.1

5/3/21

04

Femme Build

Proposed Environmental Plan

A.01.3

5/3/21

04

Femme Build

Proposed Sediment and Erosion Control Plan

A.01.5

5/3/21

04

Femme Build

Proposed Basement Floor Plan

A.02.1

5/3/21

04

Femme Build

Proposed Ground Floor Plan

A.02.2

5/3/21

04

Femme Build

Proposed First Floor Plan

A.02.3

5/3/21

04

Femme Build

Proposed Roof Plan

A.02.4

5/3/21

04

Femme Build

Proposed Elevations 1 & 2

A.03.1

5/3/21

04

Femme Build

Proposed Elevations 3 & 4

A.03.2

5/3/21

04

Femme Build

Proposed Section and Details

A.04.2

5/3/21

04

Femme Build

Stormwater Drainage Plan

SWDP01

26.11.2020

G

BMY Building Consultants

Stormwater Drainage Plan

SWDP02

26.11.2020

G

BMY Building Consultants

Stormwater Drainage Plan

SWDP03

26.11.2020

G

BMY Building Consultants

Stormwater Drainage Plan

SWDP04

26.11.2020

G

BMY Building Consultants

Stormwater Drainage Plan

SWDP05

26.11.2020

G

BMY Building Consultants

Stormwater Drainage Plan

SWDP06

26.11.2020

G

BMY Building Consultants

Stormwater Drainage Plan

SWDP07

26.11.2020

G

BMY Building Consultants

Stormwater Drainage Plan

SWDP08

26.11.2020

G

BMY Building Consultants

 

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.         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

 

4.         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

 

5.         Pre-Construction Dilapidation Report – Private Land

A professional engineer specialising in structural or geotechnical engineering shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises, retaining walls or other structures including but not limited to:

 

(a)     7 Marine Drive, Oatley; and

(b)     11 Marine Drive, Oatley; and

(c)     Any neighbouring buildings likely to be affected by the excavation as determined by the consulting engineer.

 

The report shall be prepared at the expense of the applicant and submitted to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate. 

 

A copy of the pre-construction dilapidation report is to be provided to the adjoining properties (subject of the dilapidation report), a minimum of 5 working days prior to the commencement of work. Evidence confirming that a copy of the pre-construction dilapidation report was delivered to the adjoining properties must be provided to the PCA.

 

Should the owners of properties (or their agents) refuse access to carry out inspections, after being given reasonable written notice, this shall be reported to Council to obtain Council’s agreement to complete the report without access. Reasonable notice is a request for access in no sooner than 14 days between 8.00am-6.00pm.

 

6.         Geotechnical report

 

Geotechnical Reports: The applicant must submit a Geotechnical Report to the PCA, 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 prior to 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 7 Marine Drive, Oatley and 11 Marine Drive, Oatley, 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.

 

7.         Garage Level & Vehicular Access Grades

 

The garage must be constructed at a level that allows for practical entry and exit in accordance with Australian Standards. In this respect the Finished Floor Level of the garage must be lowered to have a maximum relative level of 42.75m AHD.

 

The applicant must submit a profile (longitudinal section) demonstrating access clearance by the B85 Design Vehicle (85% percentile vehicle in accordance with AS2890.1 2004)” for the entry.

 

This profile (scale 1:20) is to show levels and grades from road centreline to the proposed internal garage floor level including but not limited to levels of, road centreline, changes of grade on road surface, lip of gutter, invert of gutter, back of vehicular crossing(gutter layback), front of path, back of path and boundary. The profiles provided are to also include the natural surface of the land as well as the proposed design including cut and fill dimensions.

 

Additional profiles are to be provided on either side of driveway when longitudinal grade of road exceeds 8%.

 

The profile will be used to assess suitability of proposed internal driveway levels and does not represent final footpath or road levels. The levels on Councils road related area including boundary level will be verified following the submission of an “Application for Driveway Crossing and Associated Works on Council Road Reserve” issued under Section 138 Roads Act


 

8.         Tree pruning - Approval 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 x 2

Closest to dwelling

Pruning class - “S” - Selective pruning - clause 7.2.4 (deadwood only)

All pruning must be conducted In accordance with - AS 4373 - 2007, Pruning of amenity trees.

 

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 qualified Arborist in accordance with AS4373-2007 Pruning of Amenity Trees and Amenity Tree Industry, Code of Practice (SafeWork NSW August 1998).

 

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).

 

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

$160.00

DEVELOPMENT CONTRIBUTIONS

Georges River Council Section 94A Development Contributions Plan 2017

$7,700

 

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: $160.00

 

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.

 

12.       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.

 

13.       BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 1093241S must be implemented on the plans lodged with the application for the Construction Certificate.

 

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

 

 

Pool deck

No extension of the pool deck is permitted.

Windows on northern elevation

The ground floor windows on the northern elevation of the approved dwelling are to be fitted with frosted/opaque glass or have a minimum sill height of 1.6m as measured from finished floor level.

 

The first floor windows on the northern elevation are to be fitted with opaque glass or have a minimum sill height of 1.6m as measured from finished floor level.

 

15.       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.

 

16.       Stormwater System

 

General

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

 

(a)     All stormwater shall be drained in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).


 

(b)     Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineer who specialises in Hydraulic Engineering in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

 

Gravity to the Kerb and Gutter

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).

 

Silt Arrestor

A Silt Arrestor Pit must be located inside the property just upstream of the point of discharge from the site. This pit must have minimum dimensions of 450mm x 450mm and shall have a 150mm deep sump and galvanised mesh screen permanently fixed over the outlet pipe or pipes. A minimum of 4 x 30mm diameter seepage holes shall be provided in the pit base. For drainage into the surrounding soil, the pit base shall be constructed on a layer of 200mm thick aggregate base wrapped in geotextile fabric. All non-plastic drainage pits must be benched and streamlined.

 

17.       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.

 

18.       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.

 

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.       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.

 

21.       Landscape Plans - 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 and signed off as compliant if the following items have been addressed below. The plan must include:

 

 

 

a)      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.

b)      For the removal of three (3) trees a total of six (6) trees must be represented upon the landscape plan and be minimum 45 litre pot/ bag size.

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

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 eight (8) 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.

 

22.       Tree Protection and Retention

 

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

Angophora costata

Councils street tree

7.0 metres

Corymbia gummifera

Within front yard of the site

7.6 metres

The entire front portion, front yard of the site must be fenced off from all construction works, to protect the two (2) trees above. No storage, no preparation of building products and no stockpiling of anything is permitted within the front portion of the site

Callistemon viminalis x 2

North side of dwelling

2.5 metres

Archontophoenix cunninghamiana x 2

Pool area

3.2 metres

Callistemon viminalis

Easement pathway, north side, pool area

2.0 metres

Archontophoenix cunninghamiana x 2

Easement pathway, north side, pool area

2.5 metres

Eucalyptus eugenioides

Rear east, past pool area

6.5 metres

Archontophoenix cunninghamiana

Pool area south side

3.0 metres

Elaeocarpus reticulatus

Pool area, corner

2.4 metres

The six (6) Angophoras below, located within the rear yard must all be fenced off under the one tree protection fencing across the site from the south side fence to the north side fence and placed in front of the piers for the alfresco area. This area must be isolated from any construction activity, with no storage or preparation of building products.

Angophora costata

Open grassed rear yard

8 metres

Angophora costata

Middle of rear yard

6.5 metres

Angophora costata

Middle of rear yard

6.5 metres

Angophora costata

Co dominant trunks, middle of yard

5.0 metres

Angophora costata

Closest to south side fence

6.5 metres

Angophora costata

Closest to rear of deck

8 metres

 

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, with a letter of engagement forwarded to the nominated PCA.

 

b)      A certificate of compliance letter from the AQF 5 Arborist must be forwarded to the PCA - Principal Certifying Authority, at a minimum three (3) stages being, before works, during works and once all building works have been completed, that tree protection measures have been installed and being maintained during the building process.

 

Tree Protection Measures

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

 

d)      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.

 

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

 

f)       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.

 

g)      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.


 

h)      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 two (2) trees located upon the front yard must be isolated from all construction impacts with the entire front portion of the site fenced off.

 

i)       Within the rear yard, all Angophora costata trees must be fenced off from the south side fence to the north side fence with this area isolated from all construction impacts.

 

j)        A layer of organic mulch 100 millimetres thick shall be placed over the protected areas and no soil or fill should be placed within the protection area.

 

k)      The tree protection fencing must be kept in place during demolition, excavation and 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.

 

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

 

m)     No building products, preparation of building products, storage of materials, stockpiling, site sheds or services shall be installed within the TPZ of the trees to be retained.

 

Excavation works near tree to be retained

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

 

o)      All excavations and stormwater piping installations within the tree protection zones of all trees to be retained, must be conducted using hand methods and or Hydro vac or Air spade type of non-destructive excavations and signed off by the Project Arborist if compliance has been met. No machinery of bucket or trench type are permitted to be used.

 

p)      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.

 

q)      Tree Protection Zones around the trees to be retained are not to have soil level changes, building product / materials stored or services installed in this area. Any structures proposed to be built in this area of the trees are to utilise pier and beam or cantilevered slab construction.

 

Pier and Beam / Post and rail -

r)       To preserve the six (6) Angophora costata trees within the rear yard, the alfresco room must be built upon isolated individual hand dug piers, with no strip footings permitted, as per proposed elevations plan 1 & 2, Dwg A.03.1and A.04.2, Rev 04, dated 05/03/21. Soil levels under the Alfresco area must be retained as per prior to development of the site with no fill or cut permitted.

 

s)      Prior to any works, the proposed alfresco area must have 100mm of mulch laid over the entire area, watered in well, for the protection of the Angophora trees close to dwelling. This mulch must be maintained in its location for the entirety of the project.

 

t)       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 qualified Arborist in accordance with AS4373 -2007 Pruning of Amenity Trees and Amenity Tree Industry, Code of Practice (SafeWork NSW August 1998).

 

23.       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, two (2) trees shall be planted on the subject site to compensate for the loss of each tree. 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

Jacaranda mimosifolia

X1

Front of the site, north side

The Jacaranda mimosifolia must be valued prior to removal and Councils viewing and determination, by using the Thyer method of tree valuation by a minimum AQF 5 Arborist. The fees payable are to offset the loss of this tree for the planting of new trees elsewhere within the Municipality.   <http://peterthyer.com/Thyer%20Tree%20Valuation%202000b%20(2007)%20spreadsheet.XLS>

Allocasuarina littoralis

X1

Front of the site, south side

Rondeletia amoena

X1

Side of existing dwelling

Hakea salicifolia

X1

Close to side pool area, south fence

 

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.

 

Summary

Number of trees removed from site

X4

Number of trees required as per offset scheme (2:1 ratio)

X8

Number of trees to be shown upon the landscape plan and planted within the site

X8

 

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

 

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

 

24.       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.

 

25.       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.

 

26.       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.


 

 

27.       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.

 

28.       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.

 

29.       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

 

30.       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.

 

 

31.       Hours of construction for demolition and building work - Unless authorised by Council:

 

a.      Building construction and delivery of material hours are restricted to: 7.00 am to 5.00 pm (inclusive) Monday to Saturday and no work on Sundays and Public Holidays.

b.      Demolition and excavation works are restricted to:  8.00 am to 5.00 pm (inclusive) Monday to Friday only. Excavation work includes the use of any excavation machinery and the use of jackhammers, rock breakers, excavators, loaders and the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site.

 

32.       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. All site works and retaining walls are to be constructed wholly on the subject site, including footings.

 

33.       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.

 

34.       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.

 

35.       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.

 

Prior to the issue of the Occupation Certificate

 

36.       Requirements prior to the issue of the Occupation Certificate - Driveways Works

The following shall be completed and or submitted to the PCA prior to the issue of the Occupation Certificate:

(a)    Construction if new vehicle crossings as required by this consent.

(b)    Replacement of all redundant vehicle crossing laybacks with kerb and guttering, and replacement of redundant concrete with turf.

(c)     Removal and reconstruction of kerb and gutter as per approved General Arrangement Plan SWDP05 Revision H Prepared by BMY consultants dated 22/12/2020.

 

 

 

37.       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.

 

38.       Completion of Landscape Works

a)      All landscape works and the planting of eight (8) trees must be completed before the issue of the Final Occupation Certificate and to the satisfaction of Councils Tree Management Officers, with the nominated PCA signing off if compliance has been met.

b)      A certificate of compliance for the planting of all eight trees and shrubs proposed for the site. An AQF 5 Horticulturist shall be engaged and in writing certify that all trees have been planted as per these Conditions of Consent and forwarded to the PCA - Principal Certifying Authority forming compliance.

 

39.       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.

 

40.       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 adjoining premises assessed pre-construction.

 

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.

 

Operational Conditions (On-Going)

 

41.       Maintenance of Landscaping

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

Tree Protection Measures

b)      A final certificate of compliance letter forwarded to the nominated PCA, 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.

 

Tree Replacement within subject site

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

 

b)      Tree species selected shall be from Georges River Councils Tree Management Policy, April 2019. Appendix 1 - Tree Planting.

 

c)      If the replacement 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.

 

d)      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 <http://www.georgesriver.nsw.gov.au>.

 

42.       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.

 

43.       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.

 

44.       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.

 

45.       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

 

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

 

47.       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.

 

48.       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.

 

49.       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.

 

50.       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.

 

51.       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.

 

52.       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

 

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

 

54.       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.

 

55.       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.

 

56.       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.

 

57.       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

 

58.       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.

 

59.       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.

 

60.       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.

 

61.       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.

 

62.       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.

 

63.       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.

 

64.       Council as PCA - Deemed to Satisfy Provisions of Building Code of Australia - 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 Building Code of Australia.  However, if an alternative fire solution is proposed it must comply with the performance requirements of the Building Code of Australia, 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.

 

65.       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).

 

66.       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: swimmingpoolregister.nsw.gov.au.

 

 

 

ATTACHMENTS

Attachment 1

Site Plan and Elevations

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 22 April 2021

LPP006-21              9 Marine Drive, Oatley

[Appendix 1]           Site Plan and Elevations

 

 

Page 1

 




Georges River Council – Local Planning Panel   Thursday, 22 April 2021

Page 1

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 22 April 2021

 

LPP Report No

LPP007-21

Development Application No

149D2020/0048

Site Address & Ward Locality

16 Lesley Crescent Mortdale

Mortdale Ward

Proposed Development

Building Information Certificate Application seeking to regularise unauthorised works including a sliding door and hinged door on the north western elevation, new timber deck at the rear and side of the existing dwelling and timber stairs, the installation of two (2) air conditioning units to the side south western elevation of the existing dwelling

Owners

Krste & Vera Mijoski

Applicant

Krste & Vera Mijoski

Planner/Architect

Akitex

Date Of Lodgement

10/09/2020

Submissions

Four Submissions

Cost of Works

$40,000.00

Local Planning Panel Criteria

Staff Referral under General Manager Delegation

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

State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy – Infrastructure, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Deemed SEPP – Georges River Catchment, Draft Environment SEPP, Draft Remediation of Land SEPP, Hurstville Local Environment Plan, Hurstville Development Control Plan, GRC Interim Policy, Development Contributions Plan, and Building Code of Australia

 

 

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

 Acoustic Certificate (D20/259404), Survey Report/Indent Report (D21/41888)

 

 

 

Report prepared by

Building Surveyor

 

 

Recommendation

Building Information Certificate 149D2020/0048 be approved and issued.

 

 

 

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 –

BIC application

Conditions

Have draft conditions been provided to the applicant for comment?

 

Not Applicable –

BIC application

 

Site Plan

 

Report in Full

Proposal

 

1.         This application seeks the issuance of a Building Information Certificate on land at Lot 8, DP211276, 16 Lesley Crescent, Mortdale to  regularise the unauthorised works including a sliding door and hinged door on the north western elevation, new timber deck at the rear and side of the existing dwelling and timber stairs, the installation of two (2) air conditioning units to the side south western elevation of the existing dwelling.

 

The Site and Locality

 

2.         The subject site is known as Lot 8, DP211276, 16 Lesley Crescent, Mortdale.

 

3.         The site has a street frontage of 16m and a maximum depth of 28.18m to the northern most corner. The site is a rectangular shape and has a total area of 458m².

 

4.         A large portion of rear boundary to the north-west of the site adjoins Penshurst West Public School with a small south-west portion of the site sharing boundary with a residential property known as No. 24 Treloar Avenue, Mortdale.

 

5.         Both northern and southern side boundaries of the site adjoin residential developments.

 

Legislative Framework

 

6.         Building Information Certificate applications are lodged and processed pursuant to Division 6.7 of the Environmental Planning and Assessment Act 1979 (EPAA).

 

7.         The Georges River Council Local Planning Panel has the power to consider a Building Information Certificate under the delegated authority issued by the General Manager dated 3 February 2020.

 

8.         In general, Building Information Certificates are requested from Council when work is undertaken without the appropriate approvals being issued by Council or a registered certifier.  A building certificate states that Council will not take any action for a period of 7 years to Order, or take proceedings for an Order, to have the building covered by the certificate to be demolished, altered, added to or rebuilt or resolve any encroachment by the building onto land under the control of Council.

 

9.         The legislative framework for the consideration of Building Information Certificates for the regularization of unauthorized development varies considerably from that of a Development Application which seeks approval prior to undertaking works.

 

10.      Of relevance to the consideration of the matter, s6.24 and s6.25 of the EPAA provides a test threshold for the Council to consider with respect to the issuance of a Building Information Certificate. This is outlined as follows:

 

“6.24   Issue of building information certificates

 

(1)     A council is (subject to this Division) required to issue a building information certificate as soon as practicable after an application for the certificate is made to the council.

6.25  Issue, nature and effect of building information certificate

 

(1)     A building information certificate is to be issued by a council only if it appears that—

(a)     there is no matter discernible by the exercise of reasonable care and skill that would entitle the council, under this Act or the Local Government Act 1993

(i)    to order the building to be repaired, demolished, altered, added to or rebuilt, or

(ii)     to take proceedings for an order or injunction requiring the building to be demolished, altered, added to or rebuilt, or

(iii)    to take proceedings in relation to any encroachment by the building onto land vested in or under the control of the council, or

(b)     there is such a matter but, in the circumstances, the council does not propose to make any such order or take any such proceedings.

…”

 

11.      To assist the determining authority in identifying whether in the circumstances, the Council would propose to make any such order or take any such proceedings a technical consideration of the merits of the works is undertaken below.

 

Application History

 

12.      Development Consent DA2015/0356 for a two-storey addition to front of existing dwelling was determined on 30 June 2016.

 

13.      MOD2016/0116 being a Modification to Development Consent No DA2015/0356 was subsequently issued in relation to stormwater conditions on 21 February 2017.

 

14.      In relation to Development Consent DA2015/0356 (as subsequently modified) Construction Certificate CC2016/0197 was issued by the Certifying Authority (Georges River Council) on 12 October 2017. 

 

15.      149D2019/0028 application for a Building Information Certificate was received by Council on 5 June 2019 in relation to the installed air-conditioning units on the south west elevation. This Building Information Certificate was refused on 5 December 2019 due to insufficient information.

 

16.      On 10 September 2020 the application subject to this assessment (149D2020/0048) was lodged for consideration and determination with Council.

 

Works Subject of this Application

 

17.      This application seeks the issuance of a Building Information Certificate on land at Lot 8, DP211276, 16 Lesley Crescent, Mortdale to  regularise the unauthorised works including a sliding door and hinged door on the north western elevation, new timber deck at the rear and side of the existing dwelling and timber stairs, the installation of two (2) air conditioning units to the side south western elevation of the existing dwelling.

 

18.      Specific details of the works seeking approvals are as follows:

 

·        Sliding door (ground floor) – north-western elevation, non-structural changes included replacing an old door for new

 

·        Hinged door on the north western elevation (first floor) – first floor balcony door, non-structural changes replaced old door for new

 

·        New timber deck at the rear and side of the existing dwelling - Timber Deck mostly comprises of the same footprint of the existing approved pergola and the pre-existing concrete within the side setback of the northern boundary. However, the timber deck also extends from the covered timber deck to the north boundary.

 

·        Timber stairs - stairs lead from the main dwelling to the deck

 

·        The installation of two air conditioning units to the side south western elevation of the existing dwelling. – southern elevation of the dwelling.

 

PHOTOS OF WORKS AS EXECUTED

 

·        Sliding door (ground floor) – north-western elevation, non-structural changes included replacing an old door for new

 

 

·        Hinged door on the north western elevation (first floor) – first floor balcony door, non-structural changes replaced old door for new

 

No Photo available

 

·        New timber deck at the rear and side of the existing dwelling - Timber Deck mostly comprises of the same footprint of the existing approved pergola and the pre-existing concrete within the side setback of the northern boundary. However, the timber deck also extends from the covered timber deck to the north boundary.

 

 

·        Timber stairs - stairs lead from the main dwelling to the deck

 

 

·        The installation of two air conditioning units to the side south western elevation of the existing dwelling. – southern elevation of the dwelling.

 

 

Consideration of Works undertaken

 

Sliding door (ground floor) – north-western elevation, non-structural changes included replacing an old door for new

 

Minor Building Alterations

 

Building Assessment

The new door to the north-western elevation appears to meet the Deemed to Satisfy provisions of the Building Code of Australia.

 

Planning Consideration

The works undertaken are determined to be “Exempt Development” pursuance to Part 2 >Division 1> Subdivision 27 (Minor Building Alterations external) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

 

Accordingly, as the works are considered to be compliant with the BCA and meet exempt development criterion, no further consideration will be provided in relation to this matter.

Hinged door on the north western elevation (first floor) – first floor balcony door, non-structural changes replaced old door for new

 

Minor Building Alterations

 

Building Assessment

The first floor balcony door and non-structural changes replaced an old door for new. The works undertaken appears to meet the Deemed to Satisfy provisions of the Building Code of Australia.

 

Planning Consideration

The works undertaken are determined to be “Exempt Development” pursuance to Part 2 >Division 1> Subdivision 27 (Minor Building Alterations external) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

 

Accordingly, as the works are considered to be compliant with the BCA and meet exempt development criterion, no further consideration will be provided in relation to this matter.

New timber deck at the rear and side of the existing dwelling - Timber Deck mostly comprises of the same footprint of the existing approved pergola and the pre-existing concrete within the side setback of the northern boundary. However, the timber deck also extends from the covered timber deck to the north boundary.

 

Building Assessment

Timber deck footprint comparison as shown on approved Construction certificate drawings by Akitex P/L dated 28.9.2015, The majority of the timber decking to the rear of the dwelling matches the previous existing paving/tile area.

(D17/179476)

 

 

Planning Consideration

 

Timber Deck mostly comprises of the same footprint of the existing approved pergola and the pre-existing concrete within the side setback of the northern boundary. However, the timber deck also extends from the covered timber deck to the north boundary. The only concern with the decking is its positioning. Upon receiving the Final Indent Survey it was found that parts of the timber deck overhang the neighbouring lots to the rear and side by up to 0.08 (8cm) and 0.04 (4cm) as shown on the report by C&A surveyors date drawn 24.2.2021,Ref 16540-21 CM9 Ref (D2141888). The Building Information Certificate cannot endorse any structure that encroaches beyond the boundaries of the subject site.

Timber stairs - stairs lead from the main dwelling to the deck

 

Minor Building Alterations

 

Building Assessment

The stairs lead from the main dwelling to the deck. The works undertaken appears to meet the Deemed to Satisfy provisions of the Building Code of Australia.

 

Planning Consideration

The works undertaken are determined to be “Exempt Development” pursuance to Part 2 >Division 1> Subdivision 37A Stairway of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

 

Accordingly, as the works are considered to be compliant with the BCA and meet exempt development criterion, no further consideration will be provided in relation to this matter.

The installation of two air conditioning units to the side south western elevation of the existing dwelling. – southern elevation of the dwelling.

 

Building Assessment

The Airconditioning Units do not meet the development standards of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Part 2 > Div1 > Subdiv 3. section 2.6 (d) be not higher than 1.8m at its highest point above ground level (existing)

 

Planning Consideration

Hurstville DCP No.1 (Amendment No.7)- Effective 10 October 2018 do not restrict residential flat buildings or set development requirements for air conditioning units.

 

Environmental Health Officer Referral – the acoustic report by AEC Acoustic Engineering Consultants was referred for the review of Council’s Environmental Health Officer. The Council officer concurs with the acoustic report achieving industry standards compliance and raises no objection to the air-conditioning units as installed.

 

Planning Regime

 

19.      To assist the determining authority in identifying whether in the circumstances, the Council would propose to make any such order or take any such proceedings a technical consideration of the merits of the works is undertaken below.

 

20.      Consideration has been given to all State Environmental Planning Policies, all Regional Environmental Planning Policies, Local Environment Plans and Development Control Plans as applicable to the Georges River Council Local Government Area.  The following are considered relevant to the consideration of this matter:

 

·        State Environmental Planning Policy No 55 - Remediation of Land

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

·        State Environmental Planning Policy – Infrastructure

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

·        Deemed SEPP – Georges River Catchment

·        Draft Environment SEPP

·        Draft Remediation of Land SEPP

·        Hurstville Local Environment Plan

·        Hurstville Development Control Plan

·        GRC Interim Policy

·        Development Contributions Plan

·        Building Code of Australia

 

State Environmental Planning Policies

State Environmental Planning Policy No 55 - Remediation of Land

The site has been in continued use for residential purposes for a considerable time and therefore unlikely to be contaminated.

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

A BASIX Certificate is not applicable to the application as the application is not for a development application or an application for a complying development certificate or construction certificate – see Clause 6).

SEPP (Vegetation in Non-Rural Areas) 2017

The proposal does not involve tree removal.

State Environmental Planning Policy – Infrastructure

Not applicable.

Deemed SEPP – Georges River Catchment

The proposed development does not impact on the drainage system and satisfies the relevant provisions of the Deemed State Environmental Planning Policy – Georges River Catchment.

Draft Environment SEPP

The proposed development does not impact on the provisions of this Draft Instrument.

Draft Remediation of Land SEPP

The proposed development does not impact on the provisions of this Draft Instrument.

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

The subject site is zoned R2 under the provisions of the Hurstville Local Environmental Plan 2012. The proposed development is for a dwelling house and ancillary development which are permissible land uses in the zone.

 

The extent to which the proposed development complies with the Hurstville Local Environmental Plan 2012 is detailed and discussed in the table below.

 

Clause

Standard

Proposal

Complies

2.2 Zoning 

R2 Low Density Zone

The development type proposed comprises of a dwelling house and ancillary development.

Yes

2.3 Zone objectives

Objectives of the R2 Zone.

The density and height of the proposal and design generally satisfies the zone objectives.

Yes

2.6 Subdivision

Permissible subject to Council’s consent

Subdivision is not proposed.

N/A

4.1 Minimum Subdivision Lot Size

Land identified as “G” on lot size map which prescribes a minimum allotment size of 450sqm

The objectives of Clause 4.1 are;

(a)  to retain the pattern of subdivision in residential zones while allowing infill development of smaller lots in some areas,

(b)  to ensure lots have a minimum size that would be sufficient to provide useable area for building and landscaping, to require larger lots in the foreshore area or where the topography or other natural features of the site limit its subdivision potential.

Subclause (3A) states that if a lot is a battle-axe lot or other lot with an access handle, the area of the access handle and any right of carriageway is not to be included in calculating the lot size.

Subdivision is not proposed as apart of the application

N/A

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

6.2m.

Yes

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

(An assessment under Clause 6.5 – Gross floor area of Dwelling Houses in Residential Zones is referenced later in this table)

No variation to GFA

N/A

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl4.5(b

No variation to GFA

N/A

Clause 4.6 Exceptions to development Standards

Clause 4.6 Variation to any of the development standards is required.

No development standard variation is proposed.

N/A

5.1 Bushfire

Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.

The site is not bushfire prone.

N/A

5.1 Heritage conservation

Heritage Assessment Provisions

The site is not heritage listed or located in a conservation zone.

N/A

6.1 Acid Sulphate Soils

The Clause states that development consent is required for works within land classified as being Class 1, 2, 3, 4 or 5.

The site does not contain acid sulfate soils.  The proposal therefore is not affected by the provisions of Clause 6.1.

N/A


 

6.2 – Riparian Land and watercourses

The objectives of this clause are to maintain water quality within watercourses, maintain the stability of the bed and banks of watercourses and their aquatic and riparian habitats.

The subject site is not affected by  Riparian Land and watercourses.

N/A

6.3 – Limited development on the Foreshore Area

The objective of this Clause is to “ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area”.

Development is to be restricted within the foreshore area.

A foreshore building line of 140m is applicable to the subject site. Development needs to be setback a minimum of 140m from the foreshore.

The site is not located within a Foreshore Area.

N/A

6.4 – Foreshore Scenic Protection Area (FSPA)

The objectives of clause are to protect significant views to and from the Georges River and reinforce the dominance of the landscape over built form.

The proposal is not within the FSPA.

N/A

6.5 – Gross Floor Area of Dwellings in residential zones

Gross floor area calculation

No variation to GFA

N/A

6.7 – Essential Services

Development consent must not be granted to development unless services that are essential for the development are available

Essential services are currently available to the site and can be extended to service the development; conditions could be imposed if the application was to be supported.

Yes

 

 

Draft Georges River Local Environmental Plan 2020

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

 

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

The proposed development is subject to the provisions of the Hurstville Development Control Plan. The following comments are made with respect to the proposal considering the objectives and controls contained within both DCPs.

 

Applicable DCP Controls

DCP Provisions

Development Provisions

Complies

Neighbourhood character

DS1.1        The development application is supported by a Statement of Environmental Effects that:

a.      includes a satisfactory neighbourhood and site description, including the identification of the key features of the neighbourhood and site

b.      shows how the siting and design response derives from and responds to the key features identified in the neighbourhood and site description

c.       demonstrates that the residential development proposal respects the existing or preferred neighbourhood character and satisfies objectives of the zone in the LEP

A Statement of Environmental Effects is not required for a BC application, however, the works undertaken are consistent with the neighbourhood character and demonstrates and responds to the site.

Yes

Building Height

DS2.1. Maximum building height is in accordance with the LEP

The works undertaken comply with the building height control.

Yes

Setbacks

DS3.1. The minimum front setback to a primary street is:

a. 5.5m to the main face of the dwelling or

b. 4.5m to the main face of the dwelling where located on a corner site and 5.5m to the garage

 

DS3.2. For properties greater than 15m in width, the minimum setback to a secondary street boundary is 2.0m to the wall of the dwelling

 

DS3.3. For properties 15m or less in width, the minimum setback to a secondary street boundary is in accordance with the side boundary setback requirements.

 

DS3.5. The minimum side setback inside the FSPA is 900mm (ground floor) and 1.5m (first floor).

 

DS3.6. Minimum rear boundary setbacks are:

a       3m for any basement and ground floor level solid wall

b.      6m for first floor level solid walls

c.       where a first floor balcony is proposed at the rear, 6m from the balustrade

 

DS3.7. For battle-axe lots, minimum side boundary setbacks apply to all boundaries.

The works related to the Building information certificate are limited to the rear of the main dwelling

N/A

Facades

DS4.1. The dwelling house has a front door or window to a habitable room facing the primary street frontage.

 

DS4.2. The dwelling house incorporates at least two of the following building elements facing any street frontage:

a.      entry feature or portico

b.      awnings or other features over windows

c.       eaves and sun shading

d.      window planter box treatment

e.      bay windows or similar features f. wall offsets, balconies, verandas, pergolas or the like

DS4.3. Garage doors are not wider than 6m

The works related to the Building information certificate are limited to the rear of the main dwelling

N/A

Solar Access

DS6.1. Development allows for at least 3 hours of sunlight on the windows of main living areas and adjoining principal private open space of adjacent dwellings between 9.00 am and 3.00 pm on 22 June.

 

DS6.2. Development complies with the Energy Efficiency section in Appendix 1 of this DCP and BASIX requirements.

 

DS6.3. Buildings are encouraged to incorporate window shading devices where necessary to minimise exposure to direct summer sun. Alternatively, windows may be shaded by the planting of large trees, including deciduous species.

Adjoining properties will continue to receive greater than 3 hours during mid-winter.

 

 

 

 

 

 

 

 

 

 

Not applicable.

 

 

 

 

 

 

 

 

Not applicable

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

NA

 

 

 

 

 

 

 

 

NA

 

 

Visual Privacy

DS7.1. Windows of proposed dwelling must be offset from neighbouring windows by 1m, especially windows of high-use rooms.

 

DS7.2. Windows for primary living rooms must be designed so that they maintain privacy of adjoining site’s principal private open space.

 

DS7.3. Development applications are accompanied by a survey plan or site analysis plan (to AHD) of the proposed dwelling showing the location of adjoining property windows, floors levels, window sill levels and ridge and gutter line levels.

The works related to the Building information certificate do not include changes to windows

N/A

Noise

DS8.1. Noise generators such as plant and machinery including air conditioning units and pool pumps are located away from windows or other openings of habitable rooms, screened to reduce noise or acoustically enclosed.

 

 

 

 

 

DS8.2. For sites in proximity to a busy road or railway line, development is to comply with the provisions of State Environmental Planning Policy (Infrastructure) 2007 and the NSW Government’s Development Near Rail Corridors and Busy Roads - Interim Guideline

No excessive noise above the development Standards set out in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Part 2 > Div1 > Subdiv 3. section 2.6

(f1) be designed so as not to operate—

(i)  during peak time—at a noise level that exceeds 5 dB(A) above the ambient background noise level measured at any property boundary, or

(ii)  during off peak time—at a noise level that is audible in habitable rooms of adjoining residences

 

Not applicable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NA

Vehicle access, parking and manoeuvring

DS9.1. Car parking is provided on site in accordance with the following minimum rates:

a.      for 1 and 2 bedroom dwellings, 1 car parking space

b.      for 3 or more bedroom dwellings, 2 car parking spaces

 

DS9.2. For all new dwellings, at least 1 car space must be located behind the front building setback

 

DS9.3. Enclosed or roofed car accommodation, including garages and carports, are located at least 1m behind the main setback. Note: Carports forward of the front setback may be considered where no vehicular access behind the front building alignment is available.

 

DS9.4. The maximum width of a garage opening is 6m.

 

DS9.9. Driveway gradients must be constructed in accordance with Australian Standard 2890.1(2004).

The works related to the Building information certificate do not include changes to current car parking spaces

N/A

Landscaped areas and private open space

DS10.1. Where located outside the FSPA, a minimum of 20% of site area is landscaped open space.

 

DS10.2. Where located in the FSPA, a minimum of 25% of the site area is landscaped open space.

 

DS10.3. The minimum dimension of landscaped open space is 2m in any direction.

 

DS10.4. A minimum of 15sqm of the landscaped open space is provided between the front setback and the street boundary in the form of a front yard.

 

DS10.5. An area of Principal Private Open Space is to be provided which:

a.      has a minimum area of 30m2

b.      has a minimum dimension of 5m

c.       is located at ground level and behind the front wall of the dwelling

d.      is directly accessible from a main living area

21.54%

Declared on (D20/299708)

 

Stormwater

DS11.1. Diversion of flows from one drainage sub-catchment to another is not encouraged.

 

DS11.2. Stormwater drainage is to occur by:

a.      drainage by gravity to the adjacent road kerb and Council’s drainage system or

 

DS11.3. Where drainage by gravity is involved this must not cause ponding/backwater effects on upstream properties.

 

DS11.5. On-site retention of roof run-off using rainwater tanks or detention tanks for storage and re-use are encouraged. Overflow from storage facilities must be connected to an appropriate stormwater system as detailed in DS11.2.

 

DS11.7. Development is not to concentrate overland flow of stormwater onto an adjoining property.

The works related to the Building information certificate do not include Diversion of flows of storm water drainage.

N/A

Balconies

DS14.1. Access to balconies and terraces is direct from a habitable room at the same floor level. Note: a level difference of one step may be considered for the purpose of rain water protection.

 

DS14.2. Balconies and terraces include fixed planter boxes and / or privacy screens.

 

DS14.3. Fixed planter boxes are at least 1m wide.

 

DS14.4. Privacy screens are between 1.5m and 1.8 m high

 

DS14.5. Terraces are not visible from the street.

 

DS14.6. Roof top terraces are not provided.

 

DS14.7. Development applications for terraces and balconies must provide sight line diagrams that demonstrate how privacy issues to neighbouring properties are proposed to be addressed.

The balcony has not changed as part of the Building information certificate 

 

 

Interim Policy Georges River Development Control Plan 2020

 

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 Hurstville DCP. 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 houses

Front Setbacks

Minimum setback from the primary street boundary is:

a) 4.5m to the main building face

 

b) 5.5m to the front wall of garage, carport roof or onsite parking space

or

a) Within 20% of the average setback of dwellings on adjoining lots.

The works related to the Building information certificate are limited to the rear of the main dwelling

No change

Rear Setbacks

a) Buildings are to have a minimum rear setback of 15% of the average site length, or 6m, whichever is greater.

b) 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.

The majority of the timber decking to the rear of the dwelling matches the previous existing construction certificate plans.

approved Construction certificate drawings by Akitex P/L dated 28.9.2015,

 

(D17/179476)

 

N/A

Side Setbacks

a) The minimum side setback outside the FSPA is 900mm (ground floor) and 1.2m (first floor).

Main dwelling set back not changed.

N/A

Landscaping

 Where located outside the FSPA, a minimum of 20% of site area is landscaped open space

 

 Where located inside the FSPA, a minimum of 25% of the site area is landscaped open space

 The minimum dimension of landscaped open space is 2m, designed in a useable configuration

 

 A minimum of 15m2 of the landscaped open space is provided between the front setback and the street boundary in the form of a front yard.

21.54%

Declared on (D20/299708)

Complies

Private Open Space

An area of Principal Private Open Space is to be provided which:

a) has a minimum area of 30m2

b) has a minimum dimension of 5m, designed in a useable configuration

c) is located at ground level and behind the front wall of the dwelling

d) is directly accessible from a main living area.

The Decking acts as Private open space the works have not reduced existing area.

 


 

Basement

Basements are permitted where Council’s height controls are not exceeded, and it is demonstrated that there will be no adverse environmental impacts (e.g. affectation of watercourses and geological structure).

 Basements for low grade sites (ie < 12.5% Grade front to rear):

a) Basements on land where the average grade is less than 12.5% are permitted only where they are not considered a storey (see definition below) and the overall development presents as 2 storeys to the street.

b) A basement is not considered a storey if it is:

situated partly below the finished ground and the underside of the ceiling is not more than 1m above the natural ground at the external wall for a maximum of 12m in length, with the exception of the façade in which the garage door is located.

No Basements at the subject matter address

N/A

Swimming Pools

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 mean excavation of the site on the high side to obtain the minimum out of ground exposure of the swimming pool at the low side.

No Swimming pool at the subject matter address

N/A

Provided one point on the swimming pool or one side of the swimming pool is at or below existing ground level, then one other point or one other side may be up to 500 mm above existing ground level.

No Swimming pool at the subject matter address

N/A

When consent is granted for a swimming pool having a height above natural ground level in excess of 500mm, any landscaping treatment must be completed before the swimming pool is filled with water.

No Swimming pool at the subject matter address

N/A

On steeply sloping sites, Council may consider allowing the top of the swimming pool at one point or along one side to extend up to 1000mm above natural ground level, provided that the exposed face of the swimming pool wall is treated to minimise impact. The materials and design of the retaining wall should be integrated with, and compliment, the style of the swimming pool.

No Swimming pool at the subject matter address

N/A

Filling is not permitted between the swimming pool and the property boundary.

No Swimming pool at the subject matter address

N/A

The drainage of spill water from a swimming pool shall be designed so that it does not affect the natural environment of the subject site or adjoining properties.

No Swimming pool at the subject matter address

N/A

Swimming pools are to be constructed so that the top of the bond beam is as close to ground level as possible

No Swimming pool at the subject matter address

N/A

Spas and swimming pools proposed to be constructed between the dwelling and the street will be considered by Council if the amenity of the area is not adversely impacted and the other requirements in this DCP are met.

No Swimming pool at the subject matter address

N/A

Swimming pools are permitted on land affected by a foreshore building line subject to their design complementing the surrounding area and minimising visual impact from waterways.

No Swimming pool at the subject matter address

N/A

The swimming pool edge must be at least 1.5 metres from side and rear property boundaries.

No Swimming pool at the subject matter address

N/A

The position of the swimming pool in relation to neighbours and other residents must be considered to reduce noise associated with activities carried out in the swimming pool or from associated the swimming pool equipment, such as cleaning equipment.

No Swimming pool at the subject matter address

N/A

Council may require mechanical equipment to be suitable acoustically treated so that noise to adjoining properties is reduced.

No Swimming pool at the subject matter address

N/A

The construction, location and use of the swimming pool are to be such that no nuisance is caused to any neighbouring residents by reason of noise, drainage, illumination or for any other reason.

No Swimming pool at the subject matter address

N/A

Heated swimming pools must utilise energy for heating from renewable energy sources, such as solar heating, heat pumps and gas heating. Swimming pool covers should be used when the swimming pool is not in use.

No Swimming pool at the subject matter address

N/A

Tree and shrub planting is to be provided along the adjoining property boundary lines to achieve a reasonable level of privacy. Refer to Appendix 1 for recommended species to use.

No Swimming pool at the subject matter address

N/A

Paved and other impervious areas are to be minimised and designed to provide stormwater and swimming pool overflow infiltration.

No Swimming pool at the subject matter address

N/A

Swimming pools are to be designed to ensure the retention of existing trees.

No Swimming pool at the subject matter address

N/A

Where a swimming pool is located close to an existing tree, elevated decks are preferred as the swimming pool coping to ensure minimal root damage.

No Swimming pool at the subject matter address

N/A

Swimming pool water discharges must not in any circumstances be directed through bushland areas located on private or public land.

No Swimming pool at the subject matter address

N/A

 

SUBMISSIONS AND THE PUBLIC INTEREST

 

21.      The application was neighbour notified between 21 September 2020 and 8 October 2020.  

 

22.      Combined, 4 individual submissions have been received.

 

23.      A summary of the issues raised by all the submissions received by Council are provided below:

 

If submissions received, matters raised include: Visual Privacy, Noise, Unlawful Works

Received 12 September 2020 - (D20/224367) Nature: Bifold doors, windows, Glass door Grassed area wooden deck.

No adverse impact on the amenity of adjoining properties.

Received 8 October 2020 – (D20/246741) Nature: Visual Privacy to properties in Treloar Ave, Timber Deck, Sliding Doors, Air-conditioning.

No adverse impact on the amenity of adjoining properties.

Received 12 October 2020 - (D20/248379) Nature: Air-conditioning

Compliant to EPA Guidelines. No detrimental effect upon neighbouring properties.

Received 25 November 2020 - (D20/289525) Nature: Air-conditioning

Compliant to EPA Guidelines. No detrimental effect upon neighbouring properties.

 

Conclusion

 

24.      The application has been assessed having regard to the Matters of Consideration under Part 6 Division 6.7 of the Environmental Planning and Assessment Act 1979, the provisions of applicable the LEP and DCP.

 

25.      The Environmental Planning and Assessment Act outlines reasons as to why a Building Information Certificate should be issued:

 

(1)  A building information certificate is to be issued by a council only if it appears that—

(a)  there is no matter discernible by the exercise of reasonable care and skill that would   entitle the council, under this Act or the Local Government Act 1993

(i)    to order the building to be repaired, demolished, altered, added to or rebuilt, or

(ii)   to take proceedings for an order or injunction requiring the building to be demolished, altered, added to or rebuilt, or

(iii)  to take proceedings in relation to any encroachment by the building onto land vested in or under the control of the council, or

 

(b)  there is such a matter but, in the circumstances, the council does not propose to make any such order or take any such proceedings.

 

26.      There is no matter discernible by the exercise of reasonable care to refuse approval to the Building Certificate

 

27.      Following a detailed assessment it is considered that approval of Building Information Certificate 149D2020/0048 be granted.

 

28.      The Building Information Certificate does not endorse any portion of structures that encroach beyond the boundaries of the subject site.

 

29.      Upon determination, the matter be referred to Council’s Development Compliance Section for investigation including consideration of enforcement action.

 

 

 

  


Georges River Council – Local Planning Panel   Thursday, 22 April 2021

Page 1

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 22 April 2021

 

LPP Report No

LPP008-21

Development Application No

DA2020/0366

Site Address & Ward Locality

2-8 James Street, Blakehurst

Blakehurst Ward

Proposed Development

Demolition works and the construction of residential flat building. The application is integrated development under the Water Management Act 2000.

Owners

Mr Chak Yin Chiang & Mrs Jie Hong

Applicant

J Maroun

Planner/Architect

PBD Architects; GAT & Asscoiates

Date Of Lodgement

23/09/2020

Submissions

Round 1: Two (2); Round 2: One (1)

Cost of Works

$14,355,451.00

Local Planning Panel Criteria

The application seeks consent for development to which the State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development applies.

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 (Vegetation in Non-Rural Areas) 2017,

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment, State Environmental Planning Policy No.55 – Remediation of Land, State Environmental Planning Policy (Infrastructure) 2007, Draft Environmental State Environmental Planning Policy, Draft State Environmental Planning Policy – Remediation of Land,

Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013, Draft Georges River Local Environmental Plan 2020. 

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

Architectural Plans, Landscape Plan, Stormwater Plans

Statement of Environmental Effects, Clause 4.6 Variation Request, Submissions

 

 

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

That the application be approved subject to conditions.

 

 

 

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?

 

Yes - Clause 4.3 Height of buildings

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, standard conditions have been attached with no design changes

 

Site Plan

 

 

Executive Summary

Proposal

1.         This development application (DA) seeks consent for the demolition of existing structures across four sites, lot consolidation and the construction of a five (5) storey Residential Flat Building (RFB) comprising a total of 42 apartments including two (2) levels of basement car parking catering for a total of 70 car parking spaces, landscaping and site works.

 

2.         The proposal has two (2) basement car parking levels accommodating 70 residential car parking spaces including 8 residential visitor spaces. Vehicle access is provided via a two-way driveway from Stuart Lane.

 

3.         The proposed development complies with the maximum floor space ratio (FSR), however the development exceeds the height control with the non-compliance relating only to the lift overrun. A Clause 4.6 Statement has been submitted which has been assessed in detail later in this report, however it is considered to be well founded and in this individual case is recommended for supported given the nature and degree of variation that has been applied for.

 

Site and Locality

4.         The development site is located on the northern side of James Street, and between Vaughan Street and Stuart Lane. It consists of four existing allotments known as 2, 4, 6 and 8 James Street, Blakehurst. These sites are legally identified as Lots 17, 18, 19 and 20 in DP 15830.

 

5.         The consolidated site is irregular in shape. It has a total frontage to James Street of 62.43m, 35.35m to Vaughan Street and 38.71m to Stuart Lane, having a total site area of 2,246sqm. The land falls gently from Vaughan Street to Stuart Lane.

 

6.         Presently situated on the site are four dwelling houses with ancillary structures including detached garages, sheds, garden beds and an in-ground swimming pools.

 

7.         Land to the north is zoned R3 Medium Density Residential and an application for a residential flat building is currently awaiting a decision by the Land and Environment Court.

 

8.         Land on the south-western side of Vaughan Street is zoned R2 Low Density Residential. Land between Stuart Lane and Princes Highway is zoned B2 Local Centre. A newly completed mixed use development is located opposite the site on the corner of James Street and Princes Highway.

 

Zoning and Permissibility

9.         The subject site is zoned R3 Medium Density Residential under the provisions of Kogarah Local Environmental Plan 2012 (KLEP 2012). The proposal involves the construction of a residential flat building which is a permissible use in the zone with development consent. 

 

Submissions

10.      The DA was publicly notified to neighbours for a period of fourteen (14) days in accordance with the Kogarah Development Control Plan 2013 (KDCP 2013). Two submissions were received raising concerns with the vehicular access point to the basement from Stuart Lane and parking on the street during construction. This is discussed in greater detail in the body of this report. Amended plans were submitted to Council in February 2021. Communal open space is proposed on the roof as part of the amended plans and so re-notification of the plans took place for a further 14 days. One (1) submission was received in round two raising concern with the driveway from Stuart Lane.


 

 

Reason for Referral to the Local Planning Panel

11.      This application is referred to the Georges River Local Planning Panel for determination as the proposal relates to a Residential Flat Building and the provisions of the State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development apply.

 

Planning and Design Issues

12.      The proposal is an appropriate response to the site when considered against the Design Quality Principles of State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development. Its bulk and scale is consistent with the desired future character of the area as established by the Kogarah Local Environment Plan 2012 (KLEP) development standards for FSR and height.

 

13.      The proposal exceeds the building height development standard of 15m that applies to the site under Kogarah Local Environmental Plan 2012 with the top of the lift overrun encroaching the height limit by a maximum of 4m over the 15m height limit. The applicant has submitted a Clause 4.6 Statement which has been assessed in detail as part of this report and is considered to be well founded and is recommended that the height breach be supported.

 

14.      The proposal is fully compliant with the maximum FSR development standard that applies to the site under Kogarah Local Environmental Plan 2012. The proposal is therefore consistent with the desired future building density for the site.

 

Conclusion

15.      The application has been assessed having regard to the Matters for Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, Local Environmental Plans and Development Control Plans. The proposal is an appropriate response to the up-zoning of the land in an area that is undergoing a transition to medium density housing including Residential Flat Buildings (RFB). The bulk and scale of the building has satisfactorily been resolved via good articulation, appropriate building setbacks and a mix of materiality and textures. As a result the application is recommended for approval subject to conditions of consent.

 

Report in Full

DESCRIPTION OF THE PROPOSAL

16.      The proposal seeks consent for the demolition of all existing structures and the construction of a five (5) storey Residential Flat Building (RFB) containing 42 apartments over two (2) levels of basement car parking for 70 vehicles, landscaping and site works.

 

Figure 1: Proposed development

 

17.      A detailed description of the proposal is as follows:

·    Basement 2 contains 37 parking spaces, including two accessible parking spaces, motorbike parking, residential storage cages, two lift cores and two fire stairs, plus a plant room.

·    Basement 1 contains 33 parking spaces, including 25 residential spaces and 8 visitor spaces, residential storage cages, 19 bicycle spaces, two waste rooms, pump room, switch room, a bulky waste store room, two lift cores and two fire stairs.

·    Ground Floor – 9 apartments (3 x 1B, 5 x 2B and 1 x 3B units), communal open space, vehicular access from Stuart Lane, communal pedestrian access to each building from James Street, and direct pedestrian access to seven of the nine apartments from either Vaughan Street, James Street or Stuart Lane.

·    Levels 1, 2 and 3: 9 apartments (2 x 1B, 6 x 2B and 1 x 3B units).

·    Level 4: 6 apartments (4 x 2B units and 2 x 3B units).

·    Rooftop: communal open space is proposed on the rooftop of each building.

 

18.      The proposal involves the removal of the 16 trees from the site and the retention of two trees on site and one street tree. Landscaping works are proposed as part of the proposal which includes three new trees and a number of new shrubs and other plantings.

 

DESCRIPTION OF THE SITE AND LOCALITY

 

19.      The development site is located on the northern side of James Street, and between Vaughan Street and Stuart Lane. It consists of four existing allotments known as 2, 4, 6 and 8 James Street, Blakehurst. These sites are legally identified as Lots 17, 18, 19 and 20 in DP 15830.

 

20.      The consolidated site is irregular in shape. It has a total frontage to James Street of 62.43m, 35.35m to Vaughan Street and 38.71m to Stuart Lane, having a total site area of 2,246sqm. The land falls gently from Vaughan Street to Stuart Lane.

 

21.      Presently situated on the site are four dwelling houses with ancillary structures including detached garages, sheds, garden beds and an in-ground swimming pools.

 

22.      Land to the north is zoned R3 Medium Density Residential and an application for a residential flat building was recently refused by the Land and Environment Court.

 

23.      Land on the south-western side of Vaughan Street is zoned R2 Low Density Residential. Land between Stuart Lane and Princes Highway is zoned B2 Local Centre. A newly completed mixed use development is located opposite the site on the corner of James Street and Princes Highway.

 

State Environmental Planning Policies (SEPPs)

24.      Compliance with the relevant State Environmental Planning Policies is summarised in the following table and discussed in further detail below it.

 

Compliance with State Planning Policies

SEPP Title

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

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

Yes

State Environmental Planning Policy No 55 - Remediation of Land

Yes

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

Yes

 

State Environmental Planning Policy (Infrastructure) 2007

Yes

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

Yes

 

Deemed State Environmental Planning Policy – Georges River Catchment

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

 

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

26.      A BASIX Certificate has been issued for the proposed development and the commitments required under the certificate have been satisfied. Conditions of consent imposed.

 

State Environmental Planning Policy No 55 - Remediation of Land

27.      State Environmental Planning Policies 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.

 

28.      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.


 

 

29.      The site has a history of residential uses and as such, site contamination is not suspected. A Preliminary Site Investigation (PSI) was prepared by Trace Environmental dated 26 August 2020 and a “Detailed Site Investigation” was prepared by ei Australia dated 11 September 2020.  This DSI indicates that all contaminants reported were below the adopted human health criteria and a Remediation Action Plan is not required.

 

30.      Based on the information provided, a contingency condition has been included in the recommended conditions detailing what is required to take place should unexpected contamination be found during demolition, excavation and construction.

 

State Environmental Planning Policy (Infrastructure) 2007

31.      The aim of the Infrastructure State Environmental Planning Policy is to facilitate the effective delivery of infrastructure across the State. The Infrastructure State Environmental Planning Policies also examines and ensures that the acoustic performance of buildings adjoining the rail corridor or busy arterial roads is acceptable and internal amenity within apartments is reasonable given the impacts of adjoining infrastructure.

 

32.      Clause 102 of the State Environmental Planning Policy, “Impact of road noise or vibration on non-road development”, is relevant to this DA on the basis that the proposal involves the construction of residential accommodation on land that is generally adjacent to the road corridor of Princes Highway (having an annual average daily traffic volume exceeding 20,000 vehicles) and is likely to be adversely affected by road noise or vibration. As a result, the following provisions of Clause 102 of the State Environmental Planning Policy are relevant:

 

(3)     If the development is for the purposes of residential accommodation, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

(a)     in any bedroom in the residential accommodation—35 dB(A) at any time between 10 pm and 7 am,

(b)     anywhere else in the residential accommodation (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

 

33.      An Acoustic Report (Traffic and Environmental Noise Assessment) was submitted with the DA, dated 4 August 2020 and prepared by Acoustic Noise and Vibration Solutions P/L. The report addresses the provisions of the Policy with respect to achieving acoustic compliance. Council’s Environmental Health Officer has reviewed the report and provided conditions of consent.

 

34.      The DA was also referred to Ausgrid in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. No objection to the proposal was raised by Ausgrid and no conditions recommended.

 

35.      The provisions and requirements of the Infrastructure State Environmental Planning Policy have been addressed and satisfied by the proposal.


 

 

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

36.      The Vegetation State Environmental Planning Policy aims to protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.

 

37.      The Vegetation State Environmental Planning Policy 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). 

 

38.      The Vegetation State Environmental Planning Policy repeals clauses 5.9 and 5.9AA of the Standard Instrument - Principal Local Environmental Plan with regulation of the clearing of vegetation (including native vegetation) below the BOS threshold through any applicable Development Control Plan.

 

39.      The proposal involves the removal of 16 trees from the site and the retention of two trees on the site and one street tree. Council’s Consultant Arborist has reviewed the proposed tree removal and raised no objection to approval of the Landscape Plan submitted with the DA, plus the planting of three (3) street trees on Stuart Lane. These new trees will satisfactorily offset the loss of the existing trees with quality native replacement plantings.

 

40.      On this basis, the proposal is consistent with relevant provisions of the Vegetation State Environmental Planning Policy.

 

Draft State Environmental Planning Policies

Draft Environment State Environmental Planning Policy

41.      The Draft Environment State Environmental Planning Policy was exhibited from 31 October 2017 to 31 January 2018.

 

42.      This consolidated State Environmental Planning Policy 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 State Environmental Planning Policies:

·        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.

 

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

 

Draft Remediation of Land State Environmental Planning Policy

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

 

45.      The main changes proposed include the expansion of categories of remediation work which requires development consent, a greater involvement of principal certifying authorities particularly in relation to remediation works that can be carried out without development consent, more comprehensive guidelines for Councils and certifiers and the clarification of the contamination information to be included on Section 149 Planning Certificates.

 

46.      Whilst the proposed State Environmental Planning Policy will retain the key operational framework of State Environmental Planning Policy 55, it will adopt a more modern approach to the management of contaminated land.

 

47.      The site has a history of residential uses and as such, site contamination is not suspected. A Preliminary Site Investigation (PSI) was prepared by Trace Environmental dated 26 August 2020 and a “Detailed Site Investigation” was prepared by ei Australia dated 11 September 2020.  This DSI indicates that all contaminants reported were below the adopted human health criteria and a Remediation Action Plan is not required.

 

48.      Based on the information provided, a contingency condition has been included in the recommended conditions detailing what is required to take place should unexpected contamination be found during demolition, excavation and construction.

 

Draft Design and Place State Environmental Planning Policy

49.      The Draft Design and Plan State Environmental Planning Policy will repeal and replace State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. The explanation of intended effect of the draft State Environmental Planning Policy was publicly exhibited in February/March 2021. Following submissions of the EIE the draft State Environmental Planning Policy will be on public exhibition in late 2021.

 

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 (SEPP 65) was gazetted on 26 July 2002 and applies to the assessment of DAs for RFBs of three or more storeys in height (excluding car parking levels) and containing at least four 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.

 

51.      The proposal involves the erection of a new 5 storey RFB (excluding basement car parking) containing 42 apartments and is therefore affected by the State Environmental Planning Policy.

 

52.      In determining DAs to which State Environmental Planning Policy 65 relates, Clause 28(2) of the State Environmental Planning Policy requires that the consent authority take into consideration:

 

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

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

c)      the Apartment Design Guide.  

 

53.      The proposal was considered by an external urban design consultant in December 2020. The consultant assessed the merits of the development against each of the nine (9) Design Quality Principles and the provisions of the Apartment Design Guide (ADG). The comments are included and addressed within the table below, along with further comment from Council’s Planner.

 

54.      The amended design has responded to the comments raised by the consultant and referral back to the consultant of the amended plans was not considered necessary.

 

55.      In addition to satisfying the Design Quality Principles, the proposal satisfies relevant requirements of the ADG pertaining to design quality and amenity of the apartments. The proposal satisfies the amenity, internal layout and design requirements of the ADG. The Panels comments are summarised and addressed in the table below.

 

Application of State Environmental Planning Policy 65

Clause

Standard

Proposal

Complies

3 - Definitions

Complies with definition of “Residential Apartment Development” (RAD)

Complies with 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. The definition of an RFB in the SEPP includes mixed use developments.

The erection of an RFB satisfies the SEPP’s definition of this residential land use.

Yes

Design Verification

Design verification statement provided by qualified designer

Registered Architect Name and Registration No.

Design Verification Statement provided by Registered Architect: Paul Buljevic (Registration No.7768)

Yes

 

            Part 2 Design Quality Principles under the State Environmental Planning Policy

SEPP 65 – Design Quality of Residential Flat Buildings 

Urban Design Consultant Comment

Planners comment

Context and Neighbouring 

Character 

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

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

 

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

Streetscape –
The proposed pedestrian access ramp within the landscaped setback zone along James Street appears to be a dominant/non-contributory element to the residential streetscape character. It limits the opportunity for deep soil planting and further consideration should be given to minimise the extent of the paved ramp areas and accommodate it behind the setback line if possible.

The proposed development has a number of fire egresses located within the landscaped front setback zone and close to the private open spaces on the ground level. It does not present a good design outcome. It is recommended to integrate these fire egresses into the main building envelope design and locate them behind the main building alignment. This will assist in mitigating potential visual impact to the streetscape character and the concealment issue as well as the potential amenity impact on the ground level units.

 

Vehicle access and pedestrian entry –
The exposed basement driveway (approx. 18-19m in length) is a concern. It will create visual impact on the surrounding context and streetscape character as well as potential noise issues to the neighbouring residential properties. It is recommended to encapsulate it within the main built form design to mitigate its visual prominence and the associated amenity impacts.

 

The proposed residential lobby entries are deeply inset away from the street frontage (approx. 11.5m) and narrow in width (approx. 1.6m wide), which could be a safety concern. In addition, the 2 residential lobby areas from James Street are 0.99 - 1.47m lower than the street level, which will limit a clear sightline and passive surveillance to and from the lobby area.

Further amendments should be considered to increase the visibility and legibility of the residential entry/lobby area from the street.

The ramps have been deleted from the James Street façade and platform lifts proposed in the amended plans. Additional landscaping is now proposed.

 

 

 

 

 

 

 

 

 

The fire stairs to Vaughan Street have been setback further into the site and landscaping is proposed in the setback to the street.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Stuart Lane is the preferred location of vehicular access for development in the area and is not out of character with the existing development on the eastern side of the lane which fronts Princes Highway. A pergola and planter box have been introduced to somewhat enclose the ramp.

 

The lobbies have been widened to address this concern.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Built Form and Scale 

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

 

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

 

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

Building height -
The proposed development has part of the lift overruns exceeding the 15m height limit by up to 1.25m. We understand that the proposal manages to contain the main building envelope within the height limit through reduced floor-to-floor height and lowered ground levels.


The proposed floor to floor height is 3.05m, which may be considered acceptable if it can ensure that the proposed floor to ceiling height achieves a min 2.7m as required by the ADG.

It is noted that the proposed ground levels are lower than the existing street level which results in some subterranean units that may experience overlooking and visual privacy issues from the public domain. Further consideration is recommended to limit the subterranean units if possible.

It appears that the proposed development has balconies encroached into the 3m upper-level setback above the 4th storey. The
Development Control Plan setback control requires it to be accommodated behind the setback line.

The amended design relocated the communal open space to the rooftop which in turn increased the height of the lift overruns. This issue is addressed in the Local Environmental Plan section of this report and the variation is supported.

 

The applicant has demonstrated the 2.7m ceiling height can be achieved – refer to Drawing 305 in the plan set.

 

The landscaping, fencing and courtyards of the ground level units assist in limiting views from the street into the units.

 

 

 

 

 

The Level 4 balconies have been setback to align with the building line and comply with the Development Control Plan control.


 

Density 

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

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

No concerns raised.

The proposal complies with the maximum 1.5:1 FSR for the site.

Sustainability 

Good design combines positive environmental, social and economic outcomes. 

 

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

No concerns raised.

The proposal provides 22% of the site as deep soil area.

 

The proposal is BASIX compliant.

Landscape 

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

 

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

 

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

No concerns raised.

The landscape plan for the development has been reviewed by council’s Arborist who supported the scheme. No significant trees are to be removed, two site and one street tree are to be retained, and three new trees are proposed, plus a number of other shrubs and plantings.

Amenity 

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

 

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

Communal open space – DA570 claims that the proposal provides 27.1% of the communal open space on the ground level including the landscaped setback areas to James and Vaughan Streets. However, we question if these areas can be considered as part of the communal open space as they are not usable areas for the residents’ outdoor recreational uses. Hence, we consider that the proposed development may not be able to meet the min COS requirement (25%) set by the ADG and additional communal open space will be required either on the ground level or on the rooftop area.

 

Other issues –

·      Unit B.G05 with its balcony and main outlook orientated towards the open vehicle ramp is a concern. It will receive poor amenity given its location and orientation. The bedroom window opens to the pedestrian pathway and doesn't achieve a good design outcome. It may lead to potential overlooking, visual privacy and acoustic issues.

·      Bedroom 2 of Units B105-305 with its main outlook facing a blank wall façade is a concern and should be reconsidered.

·      Appropriate landscaped buffers are required between the ground level units and the communal open space to prevent potential overlooking and safety issues.

·      The open corridor design (breezeway) may lead to wet floors outside the lift in wet weather which could be a safety issue and is recommended to be reconsidered.

·      Wherever possible, it is recommended to orient the main balcony outlook towards the streets to provide desired passive surveillance to the public domain.

 

The amended proposal provides communal open space on the rooftop of each building and increases the total area of COS over the site to 30% of the site area.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A landscaped planter an awning have been included over the ramp to improve the outlook from this unit.

 

 

 

 

 

 

 

 

 

 

The distance to the balcony wall has been increased to provide additional visual relief.

 

Suitable landscaping has been provided between private and communal open space on the ground floor.

 

 

Increased planter landscaping has been proposed to reduce infiltration of rain.

 

 

 

The majority of balconies overlook James Street, Stuart Lane or Vaughan Street.

 

Safety 

Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose.

Opportunities to maximise passive surveillance of public and communal areas promote safety.

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

No concerns raised.

There are no concerns raised with the design in terms of safety.

Housing Diversity and Social Interaction 

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

 

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

 

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

 No concerns raised.

The proposal provides a suitable mix of 1, 2 and 3 bedroom apartments and communal open space areas.

Aesthetics 

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

 

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

No concerns raised.

The built form of the proposal is well considered and will contribute positively to the street and context of the site.

 

56.      The amended plans have addressed the urban design comments and the development is considered to be a suitable and acceptable design response for the site.

 

57.      Clause 28 of State Environmental Planning Policy 65 requires the consent authority to take into consideration the provisions of the Apartment Design Guide. The table below assesses the proposal against these provisions. 

 

Part 3 and Part 4 – Compliance with the ADG

Clause

Standard

Proposal

Complies

3D - Communal open space

 

 

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

Minimum 561.5sqm

 

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 calculations indicate the total area of communal open space (ground level) amounts to 688sqm (30% of the site).

 

 

Well over 50% of the area of communal open space will achieve in excess of 2 hours of solar access during midwinter as it is located on the northern side of the building at ground level and on the rooftop of each building.

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

3E – Deep Soil zones

 

 

1. Deep soil zones are to meet the following minimum

requirements:

Min deep soil area of 7% (157.22sqm)

 

Minimum dimension of 6m

Deep Soil Zone (DSZ) calculation = 507qm (22%)

 

 

 

 

 

337qm (15%)

Yes

 

 

 

 

 

 

Yes

 

3F- Visual Privacy

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

 

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

 

Up to 12m (4 storeys)

Habitable - 6m

Non-habitable – 3m

 

Up to 25m (5-8 storeys)

Habitable – 9m

Non-habitable – 4.5m

To northern site boundary:

 

G to L3: Min. 8m to balcony edge/living room window

 

L4: Min. Min. 9m

 

 

Yes

 

 

Yes


 

3G – Pedestrian Access and entries

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

 

Multiple entries (including communal building entries and individual ground floor entries) should be provided to activate the street edge

The building entries are clearly identifiable from James Street.

 

 

 

 

Separate front entries to all ground floor apartments from James St, Vaughan St or Stuart Lane.

 

 

Yes

 

 

 

 

 

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

The dual driveway access to the basement has been provided off Stuart Lane.

 

The size and location of the driveway is considered satisfactory and no conflicts are anticipated with adjoining development.

Yes

3J-Bicycle and car parking

For development in the following locations:

 

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

 

-    On land zoned and sites within 400m of land zoned B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre

 

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 subject site is not within an “accessible location, pursuant to the ADG and as such compliance with the parking provisions of Part B4 of the Kogarah Development Control Plan 2013 (KDCP) are applicable in this assessment. See below.

 

 N/A


 

B4 Parking and Traffic Controls of Kogarah Development Control Plan 2013

Residential parking:

9 x 1 bedroom units @ 1 space per unit = 9 spaces required

 

27 x 2 bedroom units @ 1.5 spaces per unit = 40.5 spaces required.

 

6 x 3 bedroom units @ 2 spaces per unit = 12 spaces required

 

Total required resident parking =  62 spaces

62 resident spaces are proposed.

5 of which are accessible.

Yes

 

Visitor parking:

42 total units @ 1 space per 5 units = 8.4 spaces required

8 visitor spaces are provided with one space doubling up as a car wash bay.

Yes

 

Car wash bay:

1 bay, which can also function as a visitor space

1 car wash bay is provided which doubles as a visitor space, nominated as space V1.

Yes

 

Bicycle Parking:

1 space per 3 dwellings = 14

 

1 space per 10 dwellings for visitors = 4.2 spaces

 

Total = 18.2 spaces required

19 residential bicycle parking spaces are provided in Basement No 1.

 

 

 

 

 

Yes

4A- Solar and daylight 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 9am and 3pm at mid-winter in the Sydney Metropolitan Area.

 

A maximum of 15% of apartments in a building receive no direct sunlight between 9am and 3pm in midwinter

73% (31 apartments) achieve a minimum of 2 hours sunlight in midwinter.

 

 

 

 

 

 

 

 

9.5% (4 apartments) receive no sunlight due to their location on the southern side of the building.

Yes

 

 

 

 

 

 

 

 

 

 

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 building should include dual aspect apartments, cross through apartments and corner apartments and limit apartment depths

86% (36 apartments) are cross ventilated.

 

 

 

 

The development has been designed to comply with the ADG in that the depth of cross over apartments does not exceed 18m and the design has sensitively considered the location.

 

The development provides dual aspect apartments, cross through and corner apartments.

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

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

The floor to floor heights at each level are min. 3m in order to cater for slabs, servicing and ducting, however, floor to ceiling heights of 2.7m can be achieved at each level.

Yes

4D-1 Apartment size and layout

Apartments are required to have the following minimum internal areas:

 

1 bedroom = 50sqm

2 bedroom = 70sqm

3 bedroom = 90sqm

 

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

 

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

The internal floor areas of each apartment satisfy the requirements of the ADG.

 

1 bedroom = Min. 50sqm

2 bedroom = Min. 75sqm

3 bedroom = Min. 95sqm

 

Calculated accordingly.

 

 

 

 

 

 

Given that the building satisfies the minimum separation distance required window openings are generous and standard sizes which are greater than 10% of the floor area of the room.

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

4D-2 Apartment size and layout

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

Within prescribed range.

 

 

 

 

Within prescribed range.

Yes

 

 

 

 

Yes

 

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

 

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

 

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

-3.6m for studio and 1 bedroom

- 4m for 2 and 3 bedroom apartments

 

The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts

All master bedrooms have internal areas with a minimum of 10sqm.

 

 

 

 

A minimum dimension of 3m is achieved.

 

 

 

 

 

 

 

Living spaces have a minimum width of 4m.

 

 

 

The minimum width of 4m has been achieved.

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

4E- Private Open space and balconies

All apartments are required to have primary balconies as follows:

- 1 bedroom = 8sqm/2m depth

 

 

 

- 2 bedroom = 10sqm/2m depth

 

 

- 3+ bedroom = 12sqm/2.4m

 

 

The minimum balcony depth to be counted as contributing to the balcony area is 1m

 

For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15sqm and a minimum depth of 3m

 

 

 

1 bedroom apartments have minimum areas for their balconies of 8sqm depth criterion met.

 

2 bedroom apartments have minimum balcony areas of 10sqm depth criterion met.

 

3 bedroom apartments have minimum balcony areas of 12sqm depth criterion met.

 

All balconies exceed 1m in the area calculated.

 

 

 

Ground floor apartments comply with minimum area and dimensions.

 

 

 

Yes

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

Yes

4F- Common circulation areas

The maximum number of apartments off a circulation core on a single level is eight

Two (2) lifts service each floor as the floor plates are split. The maximum number of apartments serviced by one lift is five (5).

Yes

4G- Storage

In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided:

 

 

 

1 bedroom = 6m³

2 bedroom – 8m³

3 bedroom – 10m³

 

At least 50% of storage is to be located within the apartment.

The basement has been designed to provide for individual storage spaces for apartments. Every apartment includes additional storage areas above the provision of wardrobes in bedrooms.

 

1 bedroom = Minimum 6m³

2 bedroom = Minimum 8m³

3 bedroom = Minimum 10m³

Yes - Storage areas are indicated on the floor plans for each apartment which are at least 50% of the total storage provided.

4H- Acoustic Privacy

Adequate building separation is provided within the development and from neighbouring buildings/adjacent uses.

Window and door openings are generally orientated away from noise sources

 

Noisy areas within buildings including building entries and corridors should be located next to or above each other and quieter areas next to or above quieter areas

 

Storage, circulation areas and non-habitable rooms should be located to buffer noise from external sources

Adequate separation is provided to neighbouring sites.

 

 

 

 

 

 

 

 

Achieved

 

 

 

 

 

 

 

 

Generally acceptable

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

4J – Noise and Pollution

To minimise impacts the following design solutions may be used:

• physical separation between buildings and the noise or pollution source

• residential uses are located perpendicular to the noise source and where possible buffered by other uses

• buildings should respond to both solar access and noise. Where solar access is away from the noise source, non-habitable rooms can provide a buffer

• landscape design reduces the perception of noise and acts as a filter for air pollution generated by traffic and industry

The design solutions within the ADG which seeks to minimise noise and acoustic impacts have been considered through the design and layout of apartments.

Yes

4K – Apartment Mix

A range of apartment types and sizes is provided to cater for different household types now and into the future.

 

The apartment mix is distributed to suitable locations within the building

The development offers a mix of 1, 2, and 3 bedroom apartments in the following manner:

 

9 x 1 bedroom apartments = 21.4%

27 x 2 bedroom apartments = 64.3%

6 x 3 bedroom apartments = 14.3%

Yes

4L – Ground Floor Apartments

Street frontage activity is maximised where ground floor apartments are located.

 

 

Design of ground floor apartments delivers amenity and safety for residents.

All ground floor apartments directly address the street and have been designed to provide casual surveillance of the street and privacy for residents.

Yes

4M - Facades

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

The facades of the building are well resolved with an appropriate level of articulation including to the street. The proposal adequately addresses Objective 4M-1 of the ADG, which states “Building Facades provide visual interest along the street while respecting the character of the local area.” There is an appropriate degree of expression of vertical scale and modulation within the facades to respect and respond to the existing and future desired streetscape character.

Yes

4N – roof design

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

 

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

The roof design is a standard flat roof form which is consistent with the general character and form of the building.

 

Communal open space has been located on the ground floor with a northern aspect and provides separation to the neighbouring property.

Yes

4O – Landscape Design

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

The concept is considered to be well designed with an integrated landscape plan which will improve landscaping across the site and will improve the visual appearance of the development and general nature of the streetscapes that the development adjoins.

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 design includes a series of planter boxes on structures at the upper levels on all facades. This will enhance the elevations by introducing green walls to the built form.

Yes

4Q – Universal Design

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

Satisfactory – the design offers a wide variety of apartment styles and forms many of which can be integrated and amalgamated in the future where necessary.

5 adaptable apartments are proposed.

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.

Not applicable

NA

4U – Energy Efficiency

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

A compliant BASIX Certificate accompanies the application.

Yes

4V – Water management and conservation

Water management and conservation – potable water use is minimised, stormwater is treated on site before being discharged, flood management systems are integrated into the site design

The stormwater and drainage design is considered to be satisfactory and compliant subject to conditions.

Yes

4W – Waste Management

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

The waste management arrangement is satisfactory. The design relies on two (2) separate garbage areas within the basement. The Waste Management Plan outlines the disposal of waste during construction and for when the development is occupied. Waste bins will be taken out onto James Street for collection.

Yes


 

4X – Building Maintenance

Building design provides protection form weathering

Enables ease of maintenance, material selection reduces ongoing maintenance cost

Suitable materials have been selected for the building finishes.

Yes

 

Environmental Planning Instruments

Kogarah Local Environmental Plan 2012 (KLEP 2012)

Zoning

58.      The subject site is zoned Zone R3 Medium Density Residential under the provisions of the Kogarah Local Environmental Plan 2012 (KLEP2012). Refer to zoning map below. The proposed development is defined as a Residential Flat Building which is a permissible land use in the zone.

 

Figure 2: Zoning map the site is outlined in red

 

59.      The objectives of the zone are as follows:

·        To provide for the housing needs of the community within a medium density residential environment.

·        To provide a variety of housing types within a medium density residential environment.

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

 

60.      The proposal satisfies the objectives of the R3 Zone as it will provide for a variety of residential apartments in a medium density residential environment.

 

61.      The extent to which the proposal complies with the relevant standards of Kogarah Local Environmental Plan 2012 (KLEP2012) is outlined in Table 5 below.

 

 

Kogarah Local Environmental Plan 2012 Compliance Table

Clause

Standard

Proposed

Complies

2.2 Zone

R3 Medium Density Residential

The proposal is defined as a Residential Flat Building (RFB) which is a permissible use within the zone.

Yes

 2.3

Objectives

Objectives of the Zone

Consistent with zone objectives.

Yes

4.1A Minimum lot sizes for Residential Flat Buildings

Clause 4.1A requires a minimum site area of 1,000sqm for the purpose of RFB’s in the R3 zone

The total site area is 2,246sqm.

Yes

4.3 – Height of Buildings

15m as identified on Height of Buildings Map

The building exceeds the 15m height limit. The encroachment includes only the lift overrun and rooftop communal open space which reaches a maximum height of 19.1m.

 

A Clause 4.6 Statement has been submitted and is addressed in detail later in this report.

No

4.4 – Floor Space Ratio

1.5:1 as identified on Floor Space Ratio Map

1.5:1

Yes

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

The GFA has been calculated correctly.

Yes

4.6 –

Exceptions to Development Standards

The objectives of this clause are as follows:

(a)  - to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)  - to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

The proposal exceeds the height control pursuant to Clause 4.3 of the Kogarah Local Environmental Plan and therefore a Clause 4.6 Statement was submitted to justify the non-compliance with the control.

 

 

No - A Clause 4.6 Statement has been submitted for the height variation. See the assessment below.


 

6.1 Acid Sulphate 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 Class 5 Acid Sulfate Soils under Kogarah Local Environmental Plan 2012.

 

The excavation is unlikely to disturb acid sulfate soils in this location.

 

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 two (2) levels of basement car parking.

Yes subject to conditions.

 

Exception to Development Standards

Detailed assessment of variation to Clause 4.3 Height of Buildings

62.      The objectives of Clause 4.6 are as follows

(a)     to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)     to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

 

63.      The proposed development seeks a variation to the development standard relating to height (Clause 4.3). The Kogarah Local Environmental Plan 2012 (KLEP) identifies a maximum height of 15m for the site (refer to Figure 3 below) and the proposed development will exceed the height by 4m which comprises the lift overrun and communal open space (Figure 4 and 5). This amounts to a 26% variation to the control. This extent of non-compliance occurs at the lift overruns centrally located within the buildings and the communal open space on each rooftop. The remainder of the building is below the 15m height limit.

 

64.      Any variation to a statutory control can only be considered under Clause 4.6 – Exceptions to Development Standards of the Kogarah Local Environmental Plan. An assessment of the proposed height against the survey plan levels was conducted to indicate the Applicant’s calculations are generally accurate.

 

        

Figure 3: Height of buildings map the site is outlined in blue

 

Figure 4: Section showing height non-compliance

 

Figure 5: Height blanket diagram

 

65.      Clause 4.6(3) states that:

“Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

-        that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

-        that there are sufficient environmental planning grounds to justify contravening the development standard”

 

66.      To support the non-compliance, the applicant has provided a request for a variation to Clause 4.3 in accordance with Clause 4.6 of Kogarah Local Environmental Plan. The Clause 4.6 request for variation is assessed as follows.

 

Is the planning control in question a development standard?

67.      Height of Buildings control under Clause 4.3 of the Kogarah Local Environmental Plan 2012 is a development standard. The maximum permissible height is 15m.

 

What are the underlying objectives of the development standard?

68.      The objectives of Height of Buildings standard under Clause 4.3 of Kogarah Local Environmental Plan 2012 are:

(a)     to establish the maximum height for buildings,

(b)     to minimise the impact of overshadowing, visual impact and loss of privacy on adjoining properties and open space areas,

(c)     to provide appropriate scale and intensity of development through height controls.


 

 

Compliance is unreasonable or unnecessary in the circumstances of the case (clause 4.6(3)(a))

69.      There have been several Court cases that have established provisions to assist in the assessment of Clause 4.6 statements to ensure they are well founded and address the provisions of Clause 4.6. In Wehbe V Pittwater Council (2007) NSW LEC 827 Preston CJ set out ways of establishing that compliance with a development standard is unreasonable or unnecessary.

 

70.      Preston CJ in the judgement then expressed the view that there are 5 different ways in which an objection may be well founded and that approval of the objection may be consistent with the aims of the policy, as follows (with emphasis placed on number 1 for the purposes of this Clause 4.6 variation:

1.      The objectives of the standard are achieved notwithstanding non-compliance with the standard;

2.      The underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

3.      The underlying object or purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

4.      The development standard has been virtually abandoned or destroyed by the Council's own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

5.      The zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard that would be unreasonable or unnecessary. That is, the particular parcel of land should not have been included in the particular zone.

 

71.      The Clause 4.6 Statement was prepared in consideration of the recent court cases and their judgements.

 

72.      Applicants comment:

 

73.      Section of the submitted 4.6 are reproduced on the following pages. The complete submission and supporting diagrams have also been provided to Panel separately.

 

 

Clause 4.6(3)(b) are there sufficient environmental planning grounds to justify contravening the standard

74.      Having regard to Clause 4.6(3)(b) and the need to demonstrate that there are sufficient environmental planning grounds to justify contravening the development standard, it is considered that there is an absence of any negative impacts of the proposed non-compliance on the environmental quality of the locality and amenity of adjoining properties in terms of overshadowing, overlooking or view loss.

 

75.      Applicants Comment:

 

 

 

Clause 4.6(4)(a)(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out


 

 

76.      Clause 4.6(4) states that:

 

“Development consent must not be granted for development that contravenes a development standard unless:

(a)   the consent authority is satisfied that:

 

(i)      the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)     the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out,”

 

77.      Applicants Comment:

 

 

(a)       to establish the maximum height for buildings,

78.      Officer Comment: The site and its immediately adjoining properties have been recently up scaled to allow for medium to larger scaled development. In part this is due to the location of the sites in close proximity to a busy roadway as these conditions cater for larger scaled developments.

 

(b)       to minimise the impact of overshadowing, visual impact and loss of privacy on adjoining properties and open space areas,

79.      Officer Comment: This objective relates to considering the amenity impacts associated with the non-compliance. In terms of visual impact the structures are centrally located which reduces their visual appearance from the immediately adjoining streetscapes.


 

 

80.      The objective seeks to “minimise” the visual impact, it is not requiring it to be eliminated or totally negated, and as such seeing the structure is not a reason for refusal, it’s the impact of the visual interference of this structure that is to be controlled. It can be said that in this case they are ancillary structures which will not be highly visible or an intrusive element given the scale and proportions of the building. They will not be visible from immediately lower scale adjoining properties and streetscapes given that they are centrally located.

 

81.      The applicant has provided comparative shadow diagrams with the 4.6 variation request to demonstrate the difference between a compliant form and the proposed form. These diagrams are reproduced below and provided to the Panel separately. The diagrams indicate no significance difference between a compliant and the proposed overshadowing.

 

Figure 6: Comparative shadow diagrams 9.00am – 12.00pm

 

Figure 7: Comparative shadow diagrams 12.00pm – 3.00pm

 

82.      The roof top terrace area is predominantly located within the height limit, with minor intrusions of some of the planter boxes over the height limit, so the use of that area is within the height control. The distance between the trafficable rooftop open space from the Stuart Lane boundary is 10.4m.

 

83.      The applicant has submitted a sightline section plan (with excerpts included in the 4.6 submission) to demonstrate the distance between adjoining properties and limited potential for overlooking. There will be no adverse impacts in terms of overshadowing or overlooking to adjoining properties from the encroaching element.

 

(c)       to provide appropriate scale and intensity of development through height controls.

84.      Officer Comment: New developments of a similar nature have been approved along Princes Highway and have established a precedent for development in the street and immediate precinct. The proposed development is consistent with the pattern of development that is slowly being established in the up-zoned precinct.

 

85.      The proposed encroachment on the maximum height of the building which relates primarily to the lift overruns can be catered for in this location given the siting, orientation and the fact the buildings comply with the anticipated building envelope which is compliant with the ADG and Kogarah Development Control Plan in terms of the separation distances, landscaped area requirements, front setback control etc. The proposed development is considered to satisfy the objectives of the development standard.


 

 

86.      Officers comment: The exceedance of the control generally satisfies the objectives of the zone for the following reasons:

·        To provide for the housing needs of the community within a medium density residential environment.

 

87.      The development is providing for the housing needs within a medium density residential environment with a mix of apartment choices and layouts.

·        To provide a variety of housing types within a medium density residential environment.

 

88.      The development incorporates a diversity of apartment types (offering 1, 2, and 3 bedroom apartments, including adaptable and liveable apartments).

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

 

89.      The development is residential in nature and does not include any additional land uses. This objective is offering some greater flexibility in the provision of land uses within this zone and is not a mandatory requirement.

 

90.      The area of non-compliance is considered to be reasonable and will not establish an undesirable precedent. It will not have any adverse effect on the surrounding locality, which is emerging to be characterised by residential and mixed use development of comparable character. The proposal promotes the economic use and development of the land consistent with its zone and purpose. The Panel is requested to invoke its powers under Clause 4.6 to permit the variation proposed.

 

91.      The public benefit of the variation is that it will appropriately facilitate the provision of medium density housing on a R3 zoned site and provide for a range of housing stock. It is noted that in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ clarified what items a Clause 4.6 does and does not need to satisfy. Importantly, there does not need to be a "better" planning outcome resulting from the non-compliance.

 

92.      The second matter was in cl 4.6(3)(b), where the Commissioner applied the wrong test in considering this matter by requiring that the development, which contravened the height development standard, result in a "better environmental planning outcome for the site" relative to a development that complies with the height development standard (in [141] and [142] of the judgment). Clause 4.6 does not directly or indirectly establish this test. The requirement in cl 4.6(3)(b) is that there are sufficient environmental planning grounds to justify contravening the development standard, not that the development that contravenes the development standard have a better environmental planning outcome than a development that complies with the development standard.

 

93.      The roof top area and its associated ancillary structures could be deleted and the building largely compliant however this space will add value and provide greater functionality and amenity for the future occupants. The ADG encourages the use of rooftop spaces.

 

94.      The shadow diagrams submitted with the architectural plans demonstrate the non-compliance does not result in any additional shadow beyond a compliant built form due to the central location of the lift overrun and the shadow being cast from the topmost wall on the south eastern and south western elevations of the building.

 

95.      In this case the proposal seeks to establish the preferred and appropriate design and built form outcome for this site with the building complying in large with the height standard. There will be no adverse amenity or visual impacts generated by the variation and the proposal satisfies the objectives of the zone and the development standard. In this case the justification to vary the height control is considered to be a reasonable and well-founded request.

 

Clause 4.6(b) the concurrence of the Secretary has been obtained.

96.      Concurrence from the Secretary has been obtained and can be assumed in this case.

 

97.      It is considered that the Clause 4.6 Statement lodged with the application addresses all the information required pursuant to Clause 4.6 and the statement is considered to be well founded as there are sufficient environmental planning grounds to justify contravening the standard given that in this case the proposal satisfies the objectives of the zone and development standard (Clause 4.3, building height control).

 

Draft Georges River Local Environmental Plan 2020

98.      The Local Planning Panel considered the report on the outcomes of the Public Exhibition and Finalisation of Georges River Local Environmental Plan 2020 (DLEP2020) on 25 and 26 June 2020. In relation to this development site height and floor space ratio remain unchanged. The land is proposed to be rezoned R4 High Density Residential.

 

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

 

100.    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 NO 2013 (KDCP)

101.       The following compliance table is an assessment of the proposal against the Chapter B controls.

 

Kogarah Development Control Plan 2013 Compliance Table

PART B – GENERAL CONTROLS

Required

Proposed

Complies

B2 Tree Management and Greenweb

Compliance with provisions of Clause 5.9 Preservation of Trees or Vegetation of Kogarah Local Environmental Plan 2012 must be achieved.

The proposal meets the requirements of SEPP (Vegetation in non-rural areas) 2017.

Yes

B3 – Development near busy roads and rail corridors

Acoustic assessment for noise sensitive development may be required if located in the vicinity of a rail corridor or busy roads

An Acoustic report was prepared and assessed the development against the provisions of Clause 102 of the Infrastructure SEPP.

The acoustic report provided a series of recommendations in the form of implementing construction techniques and materials that will assist in ameliorating acoustic impacts on the internal areas of the building.

Council’s EHO has provided conditions of consent.

Yes

B4 Parking and Traffic

Residential parking:

9 x 1 bedroom units @ 1 space per unit = 9 spaces required

 

27 x 2 bedroom units @ 1.5 spaces per unit = 40.5 spaces required.

 

6 x 3 bedroom units @ 2 spaces per unit = 12 spaces required

 

Total required resident parking =  62 spaces

62 resident spaces are proposed.

5 of which are accessible.

Yes

Visitor parking:

42 total units @ 1 space per 5 units = 8.4 spaces required

8 visitor spaces are provided with one space doubling up as a car wash bay.

Yes

 

Car wash bay:

1 bay, which can also function as a visitor space

1 car wash bay is provided which doubles as a visitor space.

Yes

Bicycle Parking:

1 space per 3 dwellings = 14

 

1 space per 10 dwellings for visitors = 4.2 spaces

 

Total = 18.2 spaces required

19 residential bicycle parking spaces are provided in Basement No 1.

 

 

 

 

 

Yes

 

Car park access and layout to comply with relevant Australian Standards

Ramps, parking, aisle widths and parking spaces satisfy the provisions of AS2890.

Yes

B5 – Waste Management and Minimisation

Submit Waste Management Plan (WMP)

Provide a dedicated caged area within the bin room for the storage of discarded bulky items.

WMP was submitted with the DA.

 

The buildings contain a waste chute, two bin store rooms and a bulky waste store area in Basement Level 1.

Yes

B6 – Water Management

All developments require consideration of Council’s Water Management Policy

The proposed method of stormwater management is considered satisfactory subject to conditions.

Yes

B7 – Environmental Management

Building to be designed to improve solar efficiency and are to use sustainable building materials and techniques

Design, materials, siting and orientation generally optimise solar efficiency, with a high proportion of north facing window openings. The development is BASIX-compliant.

Yes

 

102.    The following compliance table is an assessment of the proposal against the current C2 controls that came into effect in June 2020.

 

Part C2- Medium Density Housing – Kogarah Development Control Plan 2013

Part 1 Residential Flat Buildings

Required

Proposed

Complies

1. Minimum site requirements

1000sqm minimum lot size

24m minimum frontage

2,246sqm

54.86m to James St

Yes

Yes

2. Site isolation and amalgamation

Adjoining sites not to be left isolated.

 

Site amalgamation requirements apply for specific sites.

The proposal does not cause any site isolation.

 

The site is not subject to any amalgamation requirement.

Yes

 

 

N/A

3. Building Setbacks

Front setbacks

Up to four (4) storeys – 5m

Above four (4) storeys – 8m (increased setback may be required if street is <20m wide)

 

Minimum - 5m

Minimum - 8m

 

 

 

Yes

Yes

 

 

Side boundary setbacks

Up to four (4) storeys – 6m

Above four (4) storeys – 9m

NA – street frontages

NA

Rear boundary setbacks

Up to four (4) storeys – 6m

Above four (4) storeys – 12m

 

Minimum - 8m

Minimum - 9m

 

Yes

No – refer to discussion below

Discussion on rear setback:

 

Despite the numerical non-compliance of the rear setback, the proposal is supported on merit as it meets the objectives of the control in that amenity to the adjoining property will be maintained with 9m being sufficient separation from the site boundary for privacy to be achieved, solar access is not impacted as the neighbour is north of the site, and the ADG permits separation between buildings at this level of 9m.

Encroachments into boundary setbacks:

Ground floor private open space may encroach up to 2m into the 5m front setback leaving a min 3m of landscaped area to the street.

 

Ground floor private open space may encroach up to 3m into the side setback leaving a min 3m of landscaped area to the street.

 

 

Not proposed.

 

 

 

 

 

 

Minimum of 3m of landscaped area.

 

 

Yes

 

 

 

 

 

 

Yes

Setbacks are to be landscaped

All setbacks are landscaped.

Yes

Powerlines to be underground

Standard condition imposed.

Yes

Sub-stations, fire booster valves and waste bin storage structures need to be integrated into the development and identified at the DA stage.

Indicated on the plans in a suitable location.

Yes

4. Basement Setbacks

3m from site boundaries

South

West

North

East

 

3m

3m

3m

Min. 7m excluding ramp

 

Yes

Yes

Yes

Yes

Basement setback areas are to be deep soil areas as defined in the ADG

The basement setback areas provided are deep soil. 

Yes

Driveways and crossings are to be located a minimum of 1.5m from a side boundary

1.5m

Yes

5. Façade Treatment and Street Corners

Building facades to be clearly articulated with high quality materials and finishes.

 

Modulation and articulation in the building form to be explored.

 

 

Large areas of blank, minimally or poorly articulated walls are not acceptable. Façade treatments such as wall cladding and green walls should be considered as alternatives.

 

Clear glazing balustrades to be avoided where they are visible from the public domain. 

Satisfactory – a mix of rendered masonry, face brick, metal, timber look cladding and glass.

 

Satisfactory – the facades are well articulated through different finishes, balconies and setbacks.

 

Satisfactory - a mix of materials and finishes are proposed.

 

 

 

 

 

Satisfactory – a mix of glass and metal balustrades are proposed.

Yes

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

Yes

6. Landscaped area and Private Open Space

A minimum 10% of the site is to be landscaped area that is not impeded by buildings or structures above or below ground level with a minimum dimension of 2m on two axes.

22% and compliant widths achieved.

Yes

Private open space to be adjacent to and visible from the main living area/dining rooms and be accessible 

Provided for each apartment.

Yes

Private open space and balconies must comply with Part 4E of the ADG

All apartments comply.

Yes


 

7. Common Open space

Common Open Space to be a minimum of 25% of the site area with a minimum dimension of 5m.

Communal open space provided is 608sqm (27%) with a minimum 5m dimension.

Yes

 

 

A maximum of 50% of common open space may be provided above ground level.

No COS is provided on the rooftop.

Yes

At least 50% of the required common open space area is to receive 2 hours of direct sunlight between 9am and 3pm on 21 June.

Greater than 50% of the communal area will receive more than 2 hours direct sunlight during midwinter.

Yes

A minimum of 50% of the total area of common open space provided at ground level is to comprise unpaved landscape area.

Complies as this area is deep soil landscaping.

Yes

The useable and trafficable area of any rooftop common open space is to be setback a minimum of 2.5m from the edge of the roof of the floor below with landscape planters to prevent overlooking.     

NA

NA

Roof top open space areas should include equitable access.

Equitable access via lifts and ramps have been provided throughout the development.

Yes

Ancillary structures such as lift overruns and staircases should be centralised to reduce their visual dominance. 

Fire stairs and lift over runs are centrally located.

Yes

8. Solar Access

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 the winter solstice (21 June)

The minimum solar access is achieved.

Yes

 

9. Vehicular access, parking and circulation

Car parking to be provided in accordance with Part B4 unless objective 3J-1 of the ADG applies.

The development complies with the Kogarah Development Control Plan numerical parking requirements.

Yes

Car parking layout and vehicular access complies with AS2890.1-2004

Complies – will be reinforced via conditions of consent.

Yes

All residential flat buildings to provide car wash bay

A visitor car wash bay has been provided (car space 1). The Kogarah Development Control Plan allows for a visitor space to double as a car wash bay.

Yes

10. Views and view sharing

Provide for reasonable sharing of views

The location does not have significant views. The development generally complies with height requirements and is reasonable in terms of view sharing.

Yes

11. Dwelling Mix

Dwellings that propose more than 10 dwellings are to provide a mix of dwellings  as follows: 

Studio apartments and 1 bed apartments - 20% min

2 bed apartments – 30% max

3 bed apartments – 15% min

The proposal includes the following apartments mix:

9 x 1 bedroom apartments = 22%

27 x 2 bedroom apartments = 64%

6 x 3 bedroom apartments = 14%

 

The unit mix is suitable as the proposed mix meets the objectives:

 

a) Ensure development contains a suitable mix of dwellings that encourages social diversity within the development and addresses the needs for future residents and households.

 

(b) Ensure residential development contains a mix of residential types (based on the number of bedrooms) to encourage a diverse population and achieve social diversity.

 

(c) Encourage applicants to consider the varying needs of families and to design apartments accordingly.

 

 

Yes

No

No

 

 

 

 

 

Objective met.

 

 

 

 

 

 

A mix of layouts for each unit type is proposed.

 

 

 

A mix of unit layouts is proposed.

12. Adaptable and accessible housing

41-50 units: 5 dwellings

 

 

 

Every adaptable unit needs to have an accessible car space.

42 apartments are proposed which requires that 5 adaptable apartments are provided.

 

5 adaptable apartments are proposed with provision for accessible parking.

Yes

 

 

 

Yes

 

 

Interim Policy – Georges River Development Control Plan 2020

103.    Council at its Environment and Planning Committee Meeting dated 11 June 2019 resolved to adopt the Georges River Interim Policy Development Control Plan.


 

 

104.    The Interim Policy is a public policy that is to be used as a guide to set a consistent approach for the assessment of residential development within the LGA. It is a supplementary document, meaning that current Development Control Plan controls will prevail if they are considered best practice. The Interim Policy has no statutory recognition in the assessment of DAs pursuant to the Environmental Planning and Assessment Act, 1979 (EP&A Act).

 

105.    An assessment of the proposal has been carried out against the provisions of the Interim Policy as set out in the following table.

 

Interim Policy – Georges River Development Control Plan 2020

Standard

Proposed

Complies

Site Frontage

20m

54.86m to James Street.

Yes

Building Height

The relevant Local Environmental Plan controls relating to building height will prevail over Development Control Plan controls that relate to height in storeys

The proposal exceeds the height control but is supported by the provision of a Clause 4.6 Statement. This statement is considered to be well founded as discussed in detail earlier in this report.

Yes

Private Open Space

The ADG requirements prevail over the Development Control Plan controls for private open space

The proposal is fully compliant with the ADG’s private open space requirements.

Refer to “4E – Private Open Space and Balconies” within the ADG Compliance Table above.

Yes

Communal Open Space

The ADG requirements prevail over the Development Control Plan controls for COS

 

The proposal is considered to comply with the requirements of the ADG with respect to COS.

 

Refer to “3D – Communal Open Space” within the ADG Compliance Table above.

Yes

 

Parking

In accordance with 'A Plan for Growing Sydney' (Department of Planning and

Environment):

·    If located in a strategic centre (ie Kogarah CBD and Hurstville CBD) and within 800m of a Railway, the “Metropolitan Regional Centre (CBD)” rates apply.

·    If located within 800m of a railway and outside the strategic centres the “Metropolitan Subregional Centre” rates apply.

·    If located outside of 800m of a Railway, the relevant Development Control Plan applies.

The Kogarah Development Control Plan parking requirements need to be satisfied as the site is not located near a railway station or close to a commercial centre in accordance with the ADG provisions.

The proposal satisfies the numerical requirements of the Kogarah Development Control Plan.

Solar Access

The ADG requirements prevail over the Development Control Plan controls for solar access

 

The proposal is acceptable on merit as the development meets the ADG Solar Access requirements as detailed within the ADG Compliance Table above.

Refer to “4A – Solar and Daylight Access” within the ADG Compliance Table.

Yes

 

DEVELOPER CONTRIBUTIONS

106.    The proposed development would require payment of developer contributions under Section 7.11 of the Environmental Planning and Assessment Act 1979. If the development consent is granted a condition outlining the required contributions will be imposed.

 

107.    The table below shows the contributions which are applicable for this development. A condition is imposed if consent is issued that reflects the contributions as stated.

 

Kogarah Section 94 Contribution Plan No.1 – Road and Traffic Management – Residential

$818.30

Kogarah Section 94 Contribution Plan No.5 – Open Space

$404,940.44

Kogarah Section 94 Contribution Plan No.9 – Kogarah Libraries – Books

$6617.29

Kogarah Section 94 Contribution Plan No.9 – Kogarah Libraries – Building

$9,281.04

Total Development Contributions payable

$421,657.07

 

IMPACTS

Natural Environment

108. The proposed development will not adversely affect the natural environment subject to the site being planted with replacement trees as shown on the approved landscape plan. The removal of existing trees has been reviewed by Council’s Consultant Arborist and is deemed acceptable subject to conditions.

 

109. The proposal includes excavation that has been assessed as being reasonable in the context of the site and consistent with the extent of excavation expected in an R3 Medium area that has seen uplift in building height and FSR to permit the construction of basement car parking. Excavation impacts will be managed through standard conditions of consent that have been imposed to protect the environment with respect to contamination and impact onto adjoining allotments and the public domain.

 

Built Environment

110. The proposal represents an appropriate planning outcome for the site with respect to its bulk, scale and density, façade articulation and expression and is an appropriate response to the context of the site and its R3 Medium Density Residential zoning.


 

 

111.    The buildings four (4) storey podium with recessed upper level will also ensure that it has an appropriate relationship with the lower scaled R2 zoned residential properties on the opposite side of Vaughan Street, and will provide a reasonable transition between those R2 zoned properties and the land fronting Princes Highway to the east of the site, which has a 21m height limit.

 

Social Impact

112.    No adverse social impacts have been identified as part of the assessment. The proposed development, in principle, will cater for a cross-section of the community and will assist with providing for additional housing in the area. The construction of residential apartments on the site is consistent with the residential zoning of the land.

 

Economic Impact

113. There is no apparent adverse economic impact that is likely to result within the locality due to the construction of additional apartments. The construction of these apartments was to be reasonably expected as a result of the New City Plan’s gazettal. The impact of new development on nearby property values is not a matter for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. It is likely there will be a small positive economic impact as a result of the construction of the development.

 

Suitability of the site

114.    The site is zoned R3 – Medium Density Residential. The proposal is a permissible form of development in this zone and has been designed to reflect the context of the area as it evolves and as it exists. This immediate precinct is going through a process of change and transition and the proposal is in line with the intentions of Council’s recent up-zoning of these sites.

 

SUBMISSIONS AND THE PUBLIC INTEREST

115.    The application was neighbour notified in accordance with Kogarah Development Control Plan 2013 for a period of fourteen (14) days. Two submissions were received. Amended plans were received in February 2020 however the changes did not warrant re-notification as outlined in the Development Control Plan. In summary the following issues and concerns were raised.

 

Vehicular access from Stuart Lane is unsafe

116.    Officer Comment: Council’s Traffic Engineer has reviewed the DA and raises no concern with the design of the driveway from Stuart Lane. Vehicular access to and from the site meets the relevant Australian Standards.

 

Adverse impact on street parking and council car park during construction

117.    Officer Comment: Parking on the street and in the council car park will continue to be monitored by council Rangers. Any illegal parking should be referred to council.

 

REFERRALS

Council Referrals

Development Engineer

118.    The application was referred to Council’s Development Engineers for comment, they are satisfied with the stormwater drainage arrangement subject to the imposition of conditions of consent should the application be approved.


 

 

Traffic Engineer

119.    The application was referred to Council’s Traffic Engineer for comment. The proposed car parking and access arrangements are considered to be compliant with Council’s controls and are satisfactory. Standard conditions are recommended to ensure compliance will be achieved with Australian Standards during and after construction should the application be approved.

 

Environmental Health Officer

120.    Council’s Environmental Health Officer has raised no objection to the proposal subject to conditions of consent should the application be approved.

 

Consultant Arborist

121.    Council’s Consultant Arborist has raised no objection subject to conditions of consent.

 

External Referrals

Ausgrid

122.    The application was referred to Ausgrid in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Ausgrid did not raise any objection to the proposal, no conditions recommended.

 

Transport for NSW

123.    The application was referred to Transport for NSW. A formal response was provided and concurrence was obtained.

 

CONCLUSION

124.    The proposal has been assessed using the matters for consideration listed in Section 4.15 of the Environmental Planning and Assessment Act 1979. The proposal is considered to be a reasonable development form given the intensification of site and the proposed additional scale, bulk and height is considered to be an acceptable planning and design outcome for this site and will be consistent with the desired future character of development in the R3 zoned land in this location and immediate locality.

 

125.    The proposal has been assessed against the provisions of the Kogarah Local Environmental Plan 2012 and Kogarah Development Control Plan 2013. The proposal satisfies the key planning controls in the Kogarah Local Environmental Plan apart from exceeding the height limit for the lift overrun only. A Clause 4.6 Statement has been submitted with the application justifying the variation in this case.

 

126.    The proposed development design satisfies the objectives of both the height control and the zone and the Clause 4.6 Statement is considered to be well founded as there will not be any direct or adverse environmental impacts generated, the proposal satisfies the requirements of Clause 4.6 of the Kogarah Local Environmental Plan 2012.

 

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

127.    The reasons for this recommendation are:

·        The proposal is an appropriate response to the “up-zoning” of the site (including increased Floor Space Ratio and height limits) afforded by the Kogarah “New City Plan”. The building will provide an effective transition between development on Princes Highway and the R2 Low Density Zone to the west.

·        The proposed development generally complies with the requirements of the relevant environmental planning instruments and development control plan except with the building height of the development which is considered acceptable having regard to the justification provided in the report above.

·        In this case the Clause 4.6 Statement is considered to be well founded and the non-compliance with the height control is reasonable in the circumstances of the case.

·        The proposal achieves satisfactory compliance with the Apartment Design Guide with respect to both internal and external amenity.

·        The proposed design has been sensitively considered to be consistent with the anticipated desired future character for development in this area.

·        The proposal has effective façade modulation and wall articulation that will serve to provide visual interest and reduce the bulk of the building.

·        The proposal aims to provide a high-quality building that will establish a positive urban design outcome, setting the architectural and planning precedent in the area.

 

Determination

128.    THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979, as amended, the Georges River Local Planning Panel, grants development consent to Development Application DA2020/0366 for site consolidation, tree removal demolition of existing structures and construction of a Residential Flat Building including landscaping and site works on Lots 17, 18, 19 and 20 in DP 15830 known as 2-8 James Street, Blakehurst, subject to the following conditions of consent:


 

 

DEVELOPMENT DETAILS

 

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

 

Description

Reference No.

Date

Revision

Prepared by

Site Plan

DA005

19/1/2021

B

PBD Architects

Basement 2 Plan

DA100

19/1/2021

B

PBD Architects

Basement 1 Plan

DA101

19/1/2021

B

PBD Architects

Ground Floor Plan

DA102

19/1/2021

B

PBD Architects

Level 1

DA103

19/1/2021

B

PBD Architects

Level 2

DA104

19/1/2021

B

PBD Architects

Level 3

DA105

19/1/2021

B

PBD Architects

Level 4

DA106

19/1/2021

B

PBD Architects

Roof Plan

DA107

19/1/2021

B

PBD Architects

South Elevation

DA200

19/1/2021

B

PBD Architects

East Elevation

DA201

19/1/2021

B

PBD Architects

North Elevation

DA202

19/1/2021

B

PBD Architects

West Elevation

DA203

19/1/2021

B

PBD Architects

Section A

DA300

19/1/2021

B

PBD Architects

Section B

DA301

19/1/2021

B

PBD Architects

Landscape Plan

L/01

L/02

L/03

L/04

L/05

26/2/21

E

A total concept

Stormwater Drainage Design

Job No. 20067

Sheets 1 to 11

20/1/21

A

Scott Collis Consultin