AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Thursday, 20 May 2021

Time:

4.00pm

Venue:

Council Chambers, Civic Centre, Hurstville

Panel Members:

Sue Francis (Chairperson)

John Brockhoff (Expert Panel Member)

Michael Leavey (Expert Panel Member)

Cameron Jones (Community Representative)

 

  

1. On Site Inspections

443-445 King Georges Road Beverly Hills, 977 Forest Road Lugarno,
Lots 11-14 – 24 Neville Street Oatley, 55A Vista Street Sans Souci

2. Opening

3. Consideration of Items and Verbal Submissions

LPP013-21        977 Forest Road Lugarno – MOD2020/0209

(Report by Development Assessment Planner)

LPP014-21        55A Vista Street Sans Souci – DA2020/0418

(Report by Senior Development Assessment Officer)

LPP015-21        Lot 11 - 24 Neville Street Oatley – DA2020/0390

(Report by Senior Development Assessment Planner)

LPP016-21        Lot 12 - 24 Neville Street Oatley – DA2020/0391

(Report by Senior Development Assessment Planner)

LPP017-21        Lot 13 - 24 Neville Street Oatley – DA2020/0392

(Report by Senior Development Assessment Planner)

LPP018-21        Lot 14 - 24 Neville Street Oatley – DA2020/0393

(Report by Senior Development Assessment Planner)

LPP019-21        443-445 King Georges Road Beverly Hills – DA2019/0114

(Report by Senior Development Assessment Planner)

4. LPP Deliberations in Closed Session

5. Confirmation of Minutes


Georges River Council – Local Planning Panel   Thursday, 20 May 2021

Page 0

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 20 May 2021

 

LPP Report No

LPP013-21

Development Application No

MOD2020/0209

Site Address & Ward Locality

977 Forest Road Lugarno

Peakhurst Ward

Proposed Development

Modification of Consent No: DA2006/DA-372 (as modified) for extensions to the existing church building to provide partitioning inside the lower ground floor area.

Owners

Congregational Christian Church Samoa Parish of Sydney

Applicant

Mr Taeipo Malifa

Planner/Architect

Designer: JMH Living Desiger

Date Of Lodgement

8/12/2020

Submissions

Eight (8) unique submissions

Cost of Works

$5,000.00

Local Planning Panel Criteria

Staff Referral- 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 (Vegetation in Non-Rural Areas) 2017, State Environmental planning Policy – Infrastructure 2007, Greater Metropolitan Regional Environmental Plan No 2 - Georges River, State Environmental Planning Policy Infrastructure 2007, Draft Environment State Environmental Planning Policy; Draft Remediation of Land SEPP; Draft Georges River Local Environmental Plan 2020,

Hurstville Local Environmental Plan 2012,                                      Hurstville Development Control Plan 2013,

Draft Georges River Development Control Plan.

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

Architectural Plans; Statement of Environmental Effects

 

 

 

Report prepared by

Development Assessment Planner

 

 

Recommendation

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

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

Not Applicable

 

Special Infrastructure Contributions

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

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No– the conditions can be viewed when the report is published.

 

Site Plan

Figure 1 Site plan with the allotment outlined in blue

 

Executive Summary

Proposal

1.         The Section 4.55 (1A) Modification Application is lodged to modify the original development application (as modified) which granted consent subject to deferred commencement for extensions to the existing church building on 7 March 2007. The consent was activated on 21 May 2007. The modification seeks the following:

 

-     Modification to the lower ground floor level by demolition works and construction of internal partition walls and rooms. The lower ground floor has been approved previously to be used for Sunday School services.

 

Site and Locality

2.         The site is rectangular in shape with 24.69m western frontage to Ponderosa Place, a northern boundary of 120.120m and a southern boundary of 118.77m. The site includes a splayed frontage which addressed Forest Road and Ponderosa Place. The allotment has an area of 3140sqm. The allotment has a 4.81m fall to the rear north-eastern corner.

 

3.        A single storey church/sanctuary building with an attached part one/two storey hall with sub-floor is located at the rear of the main building. This building has a 2.313m setback from the southern boundary and a variable setback from the northern boundary (3.54m to 6.71m). The northern boundary setback is occupied by a driveway that provides vehicular access from Ponderosa Place to the site and the existing detached dwelling house at the rear.

 

4.        Adjoining the site to the north are five (5) dwelling houses. Adjoining the site to the south are four (4) dwelling houses. Adjoining the site to the east are two (2) dwelling houses.

 

5.        The site includes a number of large trees within the front setback and at the rear of the site. The trees are within unlawful timber planter boxes along the ground level. It is noted that parts of the site particularly within the front setback and along the rear of the main building have been unlawfully paved with asphalt.

 

Zoning and Permissibility

6.           The subject site is zoned R2 Low Density Residential under the provisions of Hurstville Local Environmental Plan 2012 (HLEP 2012). The proposal involves alteration and addition to an existing place of public worship. The alteration and addition works are ancillary to the primary use of place of public worship which is a permitted use with consent as per HLEP 2012.

 

Submissions

7.           The application was placed on neighbouring notification between 17 December 2020 and 17 January 2021. Eight (8) submissions were received objecting to the proposed development.

 

Conclusion

8.           Having regard to the matters for consideration under section 4.15(1) and S4.55 (1A) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment, the proposed modification application (MOD2020/0209) is recommended for approval subject to conditions for the reasons contained within this report.

 

Report in Full

Proposal

9.         The Section 4.55 (1A) Modification Application is lodged to modify the original development application ‘06/DA-372’ (as modified by 06/DA-372 REV1 and REV2) which granted consent subject to deferred commencement for extensions to the existing church building on 7 March 2007. The consent was activated on 21 May 2007. The modification seeks the following:

 

-     Modification to the lower ground floor level by demolition works and construction of internal partition walls and rooms. The lower ground floor hall has been approved previously to be used for Sunday School services. The layout of the lower ground floor will be altered as follows:

 

o Existing layout (approved layout as per 06/DA-372 REV1): Am isolated male bathroom with one sanitary facility, an isolated female bathroom with two sanitary facilities, a female bathroom with four sanitary facilities, a male bathroom with shared urinal and 3 sanitary facility, a disabled bathroom, and an empty main hall area;

 

Proposed layout: Demolition of existing bathrooms to facilitate the new layout containing: Three (3) classrooms, an art room, a kitchen room, a bathroom with cleaners room, a disabled bathroom, a laundry room, a shared bathroom amenities, movable partitions within the main hall, and the main hall which will also include an indoor play area.

 

o Demolition of existing aluminium windows along western façade of the lower ground floor building to replace with a door leading to a landing in front of the entry door to the lower ground floor hall (Sunday school area) (refer to figure 5).

 

o Addition of partition walls within the main entry area to create an office space and storage space.

 

o Installation of a handrail along the northern landing area leading to the lower ground floor hall (Sunday school area) to separate it from the driveway (refer to figure 6).

 

10.      The application seeks to nominate operation details for the approved Sunday school use as follows:

 

(a) Hours of Operation: 9:00am to 1:30pm on Sundays.

(b) Number of Children: Fifty (50) children aged 1 year to 12 years of age.

(c)  Number of Staff: Fourteen (14) comprising of visitors attending the church service.

 

11.      No changes are proposed to the first floor, church hall, or detached dwelling house. The outdoor areas and parking arrangements will remain as existing. The works are limited to the lower ground floor and outdoor area adjacent to the lower ground floor.

 

12.      Due to previous unauthorised works that took place to extend the lower ground floor hall (retrospectively approved under 06/DA-372 REV1), a condition has been imposed requiring a Building Information Certificate be obtained for that area. The area in question is proposed to include classroom 3, the art room, and a portion of classroom 2.

 

The Site and Locality

13.      The site is rectangular in shape with 24.69m western frontage to Ponderosa Place, a northern boundary of 120.120m and a southern boundary of 118.77m. The site includes a splayed frontage which addressed Forest Road and Ponderosa Place. The allotment has an area of 3140sqm. The allotment has a 4.81m fall to the rear north-eastern corner.

 

14.     A single storey church/sanctuary building with an attached part one/two storey hall with sub-floor is located at the rear of the main building. This building has a 2.313m setback from the southern boundary and a variable setback from the northern boundary (3.54m to 6.71m). The northern boundary setback is occupied by a driveway that provides vehicular access from Ponderosa Place to the rear of the site and the existing detached dwelling house at the rear.

 

15.     Adjoining the site to the north are five (5) dwelling houses. Adjoining the site to the south are four (4) dwelling houses. Adjoining the site to the east are two (2) dwelling houses.

 

16.     The site includes a number of large trees within the front setback and at the rear of the site. The trees are within unlawful timber planter boxes along the ground level. It is noted that parts of the site particularly within the front setback and along the rear of the main building have been unlawfully paved with asphalt.

 

17.     The area is generally low density residential in character and is located within the foreshore scenic protection area.

 

18.     Photos of the site are provided in the figures below.

 

Figure 2 Street view of site as per officer inspection

 

Figure 3 Lower ground floor hall area

 

Figure 4 Rear of building with lower ground accessed by the sliding glass doors

 

Figure 5 Location of proposed main entrance to lower ground floor hall area shown outlined in red.

 

Figure 6 Landing area adjacent to lower ground floor hall entrance door. The area outlined in red will include a new handrail to separate landing area from the existing driveway.

 

Background

19.      A summary of previous applications associated with the site are provided below:

 

Application

Decision

Date determined

Event

06/DA-372 (20060372)

Approved - Deferred commencement

7 March 2006

Deferred commencement development consent granted for an extension to the existing church building.

Activated

21 May 2007

Deferred commencement activated. Additional conditions imposed (37A, 64A, 79A).

07/CC-162

Approved

13 March 2008

Council issued Construction Certificate issued for 06/DA-372.

11/DA-236

Refused

15 July 2011

Development application for a childcare centre for 46 children refused.

06/DA-372 REV 01

Approved

12 April 2012

Modification to 06/DA-372 approved to increase floor area of lower floor and increase excavation for new hall and use lower floor for Sunday school classes.

06/DA-372 REV 02

Approved

19 June 2012

Modification to 06/DA-372 for church extension - change roof materials from tile to colourbond.

PRE2014/0010

Formal advice provided

17 September 2014

Pre-lodgement application for a childcare centre within the place of public worship.

OCC2014/0194

Approved (Interim Occupation Certificate)

15 July 2015

Council issued Interim Occupation Certificate issued for 06/DA-372 (limited to Church hall only).

DA2015/0443

Refused

23 December 2015

Development application for fit out and use of ground floor of existing church as a childcare centre for 34 children, associated landscaping and car parking works .

REV2016/0030

Expired

29 March 2017

Section 82A Review of Determination - Fit out and use of ground floor of existing church building to be used as a childcare centre, associated landscaping and car parking works.

Appeal 2017/103967

Appeal dismissed.

19 June 2017

Appeal lodged after S82A application (to DA2015/0443) was not determined within required period.

 

Appeal dismissed as Class 1 appeal was not lodged within the statutory period.

https://www.caselaw.nsw.gov.au/decision/59475045e4b058596cba7b67

DA2018/0570

Rejected

07 January 2019

Development application for Early Childhood Education facility within the existing building.

DA2019/0042

Refused

12 November 2019

Child-care centre at the ground floor of the existing Place of Public Worship.

REV2020/0001

Refused

8 May 2020

Review of Determination of Application No: DA2019/0042 Fit-out and use of the ground floor of an existing church building to be used as an early childhood education facility for 34 children, associated landscaping and car parking works.

 

Application was initially deferred by the Local Planning Panel for the lodgement of additional information.

PRE2020/0079

Formal advice provided

31 August 2020

Fit-out and use of the ground floor of an existing church building to be used as an early childhood education facility for 34 children, associated landscaping and car parking works.

MOD2020/0209

Under assessment (current application)

8 December 2021 (lodged)

Current Modification for Consent No: DA2006/DA-372 Rev1 & 2 for extension to existing church building to provide partitioning inside the lower ground area.

DA2021/0047

Under assessment

12 February 2021 (lodged)

Fit-out of an existing building for a childcare centre.

 

20.      The site has a history of offensive noise complaints. The matters were presented on several occasions to the Land and Environment Court as Class 4 appeals (23816 of 2018, 2019/00043432). Some court matter(s) remain outstanding.

 

21.      Council’s Building Team (PCA) are currently assessing an application for issuance of a Final Occupation Certificate for 06/DA-372. Council’s Building Team have requested for additional information.

 

PLANNING ASSESSMENT

22.      The site has been inspected and the proposed development has been assessed under the provisions of Section 4.15(1) and Section 4.55 (1A) of the Environmental Planning and Assessment Act 1979. 

 

ENVIRONMENTAL PLANNING INSTRUMENTS

Environmental Planning and Assessment Act 1979

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

 

Section 4.55 (1A) Modification

24.      The proposal has been considered against relevant statutory provisions of Section 4.55 (1A) as follows:

 

(1A)     Modifications involving minimal environmental impact. A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a)       Is satisfied that the proposed modification is of minimal environmental impact

 

25.      Comment: The proposed modification is of minimal environmental impact and relates to various internal and external modification works. The proposed modifications will retain the approved building envelope and are of minimal environmental impact.

 

26.      The purpose of the modification is to create a more formal and functional Sunday school area ancillary to the existing place of public worship. Although the Sunday school use has been approved under a previous application (06/DA-372 REV 01), the current application seeks to provide operative details and propose new partitions and rooms which will assist in the operation of the existing Sunday school facility.

 

27.      The lower ground floor hall containing the Sunday school use will include three (3) classrooms, an art room, a kitchen room, a bathroom with cleaners room, a disabled bathroom, a laundry room, a shared bathroom amenities, movable partitions within the main hall, and the main hall will include an indoor play area. A portion of the building along the western façade will be modified by the addition of a door to a main entrance area to the Sunday school hall. A handrail will be added along the driveway façade of the lower ground floor landing area to separate the pedestrian area from the driveway.

 

28.      The proposed Sunday school operation details are as follows:

 

-     Hours of Operation: 9:00am to 1:30pm on Sundays.

-     Number of Children: Fifty (50) children aged 1 year to 12 years of age.

-     Number of Staff: Fourteen (14) comprising of visitors attending the church service.

 

29.      The application was referred to Council’s Environmental Health Team who assessed the application with regards to noise transmission and environmental health and supported the application subject to the imposition of conditions relating to the lodgement of a plan of management (to be lodged prior to the construction certificate to the satisfaction of Council’s Environmental Health Team), and noise control.

 

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

 

30.      Comment: The proposed development as modified would represent substantially the same development as was originally approved 06/DA-372 (as modified). The original consent granted consent for the alteration and addition of the existing place of public worship, and the proposed modifications are pertinent to the original consent. 

 

(c)       It has notified the application in accordance with:

            (i)      The regulations, if the regulations so require, or

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

 

31.      Comment: In accordance with the provisions of Councils Public Notification policy, this modification application was notified for a period of 14 days notification. Eight (8) submissions were received objecting to the proposed development.

 

(d)       Has considered any submissions made concerning the proposed modification

 

32.      Eight (8) submissions were received objecting to the proposed development. The issues raised in the submissions have been addressed later in this report.

 

STATE ENVIRONMENTAL PLANNING POLICIES

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

 

State Environmental Planning Policy

Complies

State Environmental Planning Policy No 55 - Remediation of Land

Yes

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

Yes

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

 

State Environmental Planning Policy (Infrastructure) 2007

Yes

 

State Environmental Planning Policy No 55 - Remediation of Land

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

 

35.      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.

 

36.      The proposed modifications primarily relate to internal and external changes to the existing lower ground floor hall. Given the proposal is within the existing lower ground floor hall it is unlikely that the land is contaminated. The Sunday school use has already been approved previously and this application seeks to add partition walls and rooms to facilitate in the operation of the Sunday school. In this regard, no further assessment is warranted with regards to site contamination and the objectives of SEPP 55 are considered to be satisfied.

 

Deemed State Environmental Planning Policy – Georges River Catchment

37.      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,

 

38.      The modifications do not adversely impact on the existing stormwater management of the site given all proposed works are within the existing building envelope.

 

39.      Given unauthorised paving has occurred within the site which could have an impact on stormwater drainage and onsite detention, the matter is currently under assessment/ investigation by Council’s Building Team.

 

State Environmental Planning Policy (Infrastructure) 2007

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

 

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

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

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

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

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

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

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

 

41.      The modification was referred to Ausgrid on in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Ausgrid advised on 17 December 2020 that they have no objection to the proposal and recommended a condition related to overhead powerlines.

 

State Environmental Planning Policy Vegetation 2017

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

 

43.      The Vegetation SEPP applies to clearing of:

 

(a)   Native vegetation above the Biodiversity Offset Scheme (BOS) threshold where a proponent will require an approval from the Native Vegetation Panel established under the Local Land Services Amendment Act 2016; and 

(b)   Vegetation below the BOS threshold where a proponent will require a permit from Council if that vegetation is identified in the council’s development control plan (DCP). 

 

44.      The Vegetation SEPP repeals clause 5.9 and 5.9AA of the Standard Instrument - Principal Local Environmental Plan with regulation of the clearing of vegetation (including native vegetation) below the BOS threshold through any applicable DCP.

 

45.      The proposal did not require to be referred to Council’s Consultant Arborist given all works are within the existing building envelope.

 

46.      Given unauthorised paving has occurred within the site which also includes works conducted within the Tree Protection Zone and Structural Root Zone of a number of trees, the matter is currently under assessment/investigation by Council’s Building Team.

 

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

Draft Environmental State Environmental Planning Policy

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

 

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

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

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

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

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

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

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

 

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

 

Draft Remediation of Land State Environmental Planning Policy

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

 

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

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

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

·      Clearly list the remediation works that require development consent;

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

 

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

 

Draft Design and Place State Environmental Planning Policy

51.      Consideration is given to the provisions of the Draft Design and Place State Environmental Planning Policy in the assessment of this application.

 

52.      The New South Wales Department of Planning, Industry and Environment is exhibiting an Explanation of Intended Effect between 26 February 2021 and 28 April 2021 for the proposed Design and Place State Environmental Planning Policy.

 

53.      The Design and Place SEPP will:

·      Establish principles for the design and assessment of places in urban and regional NSW;

·      Establish matters for consideration and application requirements that collectively respond to each of the principles;

·      Provide a single point of reference for design-related considerations and performance criteria in the planning system;

·      Define scales of development – precincts and significant development, and all other development;

·      Introduce a robust and consistent design process through requirements for design skills, design evaluation and review, and design excellence;

·      Integrate a design-led, place-based approach, which includes embedding the draft Connecting with Country Framework;

·      Be supported by existing, revised and new guidance, including a revised Apartment Design Guide (ADG), a new Urban Design Guide (UDG), and revisions to the Building Sustainability Index (BASIX);

·      Repeal and replace SEPP No 65 – Design Quality of Residential Apartment Development and SEPP (Building Sustainability Index: BASIX) 2004 (BASIX SEPP)

·      Consolidate design and place requirements in other SEPPs in the future.

 

54.      The proposal is not considered to be inconsistent with the provisions of the Draft State Environmental Planning Policy.

 

ENVIRONMENTAL PLANNING POLICIES

Hurstville Local Environmental Plan 2012

55.      The subject site is zoned R2 Low Density Residential under the provisions of the Hurstville Local Environmental Plan 2012 (HLEP 2012). The approved use as place of public worship is a permissible form of development with Council’s consent. The proposed alteration and addition works are ancillary to the primary use of place of public worship.

 

56.      The objectives of the R2 Low Density Residential as per clause 2.3 under the HLEP 2012 are:

 

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

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

·      To encourage development of sites for a range of housing types, where such development does not compromise the amenity of the surrounding area, or the natural or cultural heritage of the area.

·      To ensure that a high level of residential amenity is achieved and maintained.

·      To encourage greater visual amenity through maintaining and enhancing landscaping as a major element in the residential environment.

·      To provide for a range of home business activities where such activities are not likely to adversely affect the surrounding residential amenity.

 

Figure 7 Zoning map as per HLEP 2012 with the site highlighted in blue (Source: Intramaps 2021).

 

57.      The modification of the proposed development is not inconsistent with the objectives of the zone as the approved development typology is not changing and will continue to be a place of public worship with an ancillary Sunday school use during Sunday service times (9:00am to 1:30pm).

 

58.      The modified proposal will not impact upon the ability of the development to meet the objectives of the R2 zone.

 

59.      An assessment with the HLEP 2012 provisions relevant to the amended plans is detailed within the following table.

 

HLEP 2012 Compliance Table

Clause

Standard

Comment

Complies

Part 2 Permitted or prohibited development

2.2 Zone

R2 Low Density Residential

The proposal is for alteration and addition to an approved Sunday school use ancillary to the existing place of public worship.

Yes

2.7 Demolition

Demolition requires development consent

Internal and external demolition works are sought under this modification.

Yes

Part 4 Principal development standards

4.3 Height of Buildings

9.0m as identified on Height of Buildings Map

As existing - 8.9m.

Yes

4.4 Floor space ratio

0.6:1 (as identified on Floor Space Ratio Map)

As existing 1,507.2sqm - 0.48:1, inclusive of church/hall and residence.

Yes

Part 5 Miscellaneous provisions

5.10 Heritage Conservation

Consider the effect of development on heritage significance of heritage items and heritage assessment may be required

The site is not listed as a heritage item in schedule 5 or within a heritage conservation area.

 

The site is opposite to local heritage item (I67) ‘Memorial Obelisk’ located on the corner of Ponderosa Place and Forest Road. As the works are restricted to the rear of the main building, it is unlikely that the works will impact upon the heritage item.

Yes

Part 6 Additional local provisions

6.1 Acid sulfate soils

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

The site is not affected by acid sulfate soils.

Yes

6.4   Foreshore scenic protection area

(2)  This clause applies to land identified as “Foreshore scenic protection area” on the Foreshore Scenic Protection Area Map.

 

(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered how the development would—

 

(a)  affect the natural environment, including topography, rock formations, canopy vegetation or other significant vegetation, and

 

(b)  affect the visual environment, including the views to and from the Georges River, foreshore reserves, residential areas and public places, and

 

(c)  affect the environmental heritage of Hurstville, and

 

 

 

 

 

 

 

 

 

 

 

 

(d)  contribute to the scenic qualities of the residential areas and the Georges River by maintaining the dominance of landscape over built form.

Land is within the Hurstville Scenic Protection Area.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The proposed works are unlikely to impact upon the natural environment.

 

 

 

 

 

Given the bulk of the works are within the existing building footprint, the works are unlikely to impact upon views of the waterway.

 

 

 

The site is not listed as a heritage item in schedule 5 or within a heritage conservation area.

 

The site is opposite to local heritage item (I67) ‘Memorial Obelisk’ located on the corner of Ponderosa Place and Forest Road. As the works are restricted to the rear of the main building, it is unlikely that the works will impact upon the heritage item.

 

The amount of landscaping on the site will not be modified by the application.

 

Given unauthorised paving has occurred within the site which also includes works conducted within the Tree Protection Zone and Structural Root Zone of a number of trees, the matter is currently under assessment/investigation by Council’s Building Team.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

6.7 –Essential services

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required—

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage,

(d)  stormwater drainage or on-site conservation,

(e)  suitable road and vehicular access.

All services are available to the site.

Yes

 

DRAFT GEORGES RIVER LOCAL ENVIRONMENTAL PLAN 2020

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

 

61.      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

62.      The proposed development is subject to the provisions of Hurstville Development Control Plan No.1 (HDCP No.1).

 

Clause

Standard

Proposed

Complies

3.1 Vehicle Access, Parking & Manoeuvring

DS1.3 - Place of Public Worship (Church, Temple, Mosque)

1 space per 10 seats or 1 space per 10m2 GFA (whichever is greater)

The original application was approved with a shortfall in parking (fifty (50) spaces) based on the information given to Council at the time that the patronage of the church was not increasing.

 

The amount of car parking will not be altered by this modification. The Sunday school use has been supported under a previous application and the current application seeks to define operative details and seek internal and external modifications to the Sunday school area (lower ground floor hall).

 

The use is not expected to intensify the need for parking  given users of the Sunday school facility will be parishioners as staff and children of families visiting the church for the Sunday service.

As existing

3.3 Access & Mobility

DS1.1 Places of Assembly (including cinemas, churches), Public Buildings (including Council and Government Offices), Health Care Buildings, Educational Establishments, Child-Care Centres- Class 9 BCA

Access for all persons through the principal entrance and access to appropriate sanitary facilities in accordance with the BCA and relevant Australian Standards.

 

One space per 20 spaces or part thereof, where parking areas have more than 20 spaces but less than 50 spaces. 2 % of all parking spaces are to be set aside for accessible parking where 50 or more parking spaces are provided, to be designed in accordance with AS 2890.

All works require to comply with the BCA (NCC). A condition has been imposed as required.

 

 

 

 

 

The required amount of accessible car spaces will not be altered by this proposal. The existing accessible car parking space(s) will remain as existing.

Yes, by condition

 

 

 

 

 

 

 

As existing

 

 

3.4 Crime Prevention Through Environmental Design

Fencing

Allows natural surveillance to street

Fencing will predominately remain as existing. An additional fence will be added along the driveway side of the lower ground floor landing area to separate the pedestrian area from the driveway.

Yes

Blind Corners

To be avoided

Will remain as existing.

As existing

Communal Areas

Provide opportunities for natural surveillance

Will remain as existing.

As existing

Entrances

Clearly visible and not confusing

The proposed entry to the Sunday school area is clearly visible from the street.

Yes

Site and Building Layout

-   Provide surveillance opportunities

-   Building addresses street

-   Offset windows

Will remain as existing.

As existing

Lighting

-   Diffused/movement sensitive lighting provided externally

-   Access/egress points illuminated

-   No light spill towards neighbours

-   Hiding places illuminated

-   Lighting is energy efficient

Will remain as existing.

As existing

Landscaping

-   Avoid dense medium height shrubs

-   Allow spacing for low growing dense vegetation

-   Low ground cover or high canopy trees around car parks and pathways

Will remain as existing.

As existing

Building Identification

-   Clearly numbered buildings

-   Entrances numbered

-   Unit numbers provided at entry

Will remain as existing.

As existing

Security

Provide an appropriate level of security

Will remain as existing.

As existing

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

Ownership is implied by the church given the proposed area is within the main church building.

Yes

 

Interim Policy Georges River Development Control Plan 2020

63.      The proposal has been considered in accordance with the relevant provisions within the Georges River Council Interim Development Control Plan 2020 relating to residential flat buildings. No specific clauses apply to the proposal, and any reference to the ADG has been assessed above.

 

Georges River Development Control Plan 2020

64.      The Georges River Development control Plan was made by the Georges River Local Planning Panel on 24 March 2021. This does not come into effect until the Georges River Local Environmental Plan is gazetted.

 

IMPACTS

Natural Environment

65.      The modified works are contained within the existing building footprint. The amended proposal will not result in changes to stormwater disposal or impact on any neighbouring or street trees.

 

66.      The unauthorised paving works along the site is currently a matter under assessment/investigation by Council’s Building Team (Also PCA for the project).

 

Built Environment

67.      The modifications as proposed result in a scale and form being acceptable and consistent with the future character of the locality.

 

Social Impacts

68.      The modifications are unlikely to result in any unreasonable social impacts given the Sunday school use is already approved, and the application seeks to define the operative details of the use and seek internal and external building alterations. The Sunday school use will be strictly limited to 9:00am to 1:30pm on Sundays only.

 

69.      The application was referred to Council’s Environmental Health Team who assessed the application with regards to noise transmission and environmental health and supported the application subject to the imposition of conditions relating to the lodgement of a plan of management (to be lodged prior to the construction certificate to the satisfaction of Council’s Environmental Health Team), and noise control.

 

Economic Impacts

70.      The modification is unlikely to result in any unreasonable economic impacts.

 

Suitability of the site

71.      It is considered that the proposed modification of the approved development will not impact upon the approved building form and scale. The development remains a suitable development for the site having regard to the land shape, topography, the built form and relationship to adjoining developments.

 

SUBMISSIONS, REFERRALS AND THE PUBLIC INTEREST

72.      The application was placed on neighbouring notification between 17 December 2020 and 17 January 2021. Eight (8) submissions were received objecting to the proposed development.

 

Noise and Acoustic Impacts

73.      Concern was raised with regards to the acoustic impacts resulting from the Sunday school use.

 

74.      Officer Comment: The Sunday School use was approved under a previous modification application ‘06/DA-372 REV 1’. The original application did not define operative use details for the Sunday school component. The current modification seeks to define the hours of the Sunday School use (9:00am to 1:30pm on Sunday only) and nominate the anticipated number of children (fifty - 50) and staff personnel (fourteen -14).

 

75.      Given the Sunday school use has already been approved, and as the patronage to the main church will not be modified, it is not anticipated that this modification which seeks internal and external alterations to the building and defining operative details for the Sunday school will result in additional acoustic impacts. A condition of consent has been imposed restricting the use to the hours of 9:00am to 1:30pm on Sundays only.

 

76.      The application was referred to Council’s Environmental Health Team who assessed the application with regards to noise transmission and environmental health and supported the application subject to the imposition of conditions relating to the lodgement of a plan of management (to be lodged prior to the construction certificate to the satisfaction of Council’s Environmental Health Team), and noise control.

 

Unauthorised works

77.      Concern was raised with regards to unauthorised paving works completed within the site.

 

78.      Officer Comment: The unauthorised works including the unauthorised paving works are currently under assessment/investigation by Council’s Building Team.

 

Incorrect Conditions of Consent

79.      Concern was raised with regards to incorrect conditions imposed under the original consent (as modified) including Condition 35 and 64.

 

80.      Officer Comment: The incorrect aspects of Condition 35 and 64 of 06/DA-372 (as modified) have been corrected to reflect upon the correct hours of operation.

 

Parking

81.      Concerns were raised regarding traffic congestion and disorderly parking during church events.

 

82.      Officer Comment: The current modification seeks internal and external modification to the building, in addition to defining operative details to the approved Sunday school use. The modification will not result in intensification of the approved use and is unlikely to have an adverse impact on parking.

 

Council Referrals

Development Engineering Team

83.      No objections were raised, and no specific conditions of consent have been recommended to be amended, deleted or added given all works are within the existing building footprint.

 

Environmental Health Team

84.      The application was referred to Council’s Environmental Health Team who assessed the application with regards to noise transmission and environmental health and supported the application subject to the imposition of conditions relating to the lodgement of a plan of management (to be lodged prior to the construction certificate to the satisfaction of Council’s Environmental Health Team), and noise control.

 

External Referrals

Ausgrid

85.      The application was referred to Ausgrid as per Clause 45(2) of the State Environmental Planning Policy (Infrastructure) 2007 for consideration. One condition has been recommended with regards to overhead powerlines and has been imposed.

 

Public Interest

86.      The amended proposal has been assessed against the relevant planning policies applying to the site having regard to the objectives of the controls.  Following a detailed assessment, the proposal as modified is considered to be in the public interest.

 

Section 7.11/7.12 Contributions

87.      Section 7.11/7.12 Contribution are not applicable to this modification.

 

CONCLUSION

88.      The application has been assessed having regard to Section 4.15 and Section 4.55 (1A) of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policies and the provisions of the Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No.1 and the Draft Georges River Local Environmental Plan 2020.

 

89.      The proposal on its merits is acceptable for the reasons outlined within this report. The proposal is reasonable given the objectives of the controls have been adequately satisfied and the modification does not result in any unreasonable amendment to the built form or operation of the development.

 

90.      Following a detailed assessment contained within this report, it is considered that MOD2020/0209 should be approved subject to conditions 2, 8, 35 and 64 being modified, and conditions 8A, 8B, 8C, 64B, 65A, 65B and 94 being added.

 

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

91.      The reasons for this recommendation are:

·      The proposed modification to amend the lower ground floor Sunday school facility is considered to still represent substantially the same development as originally approved.

·      The proposed modification will not result in unreasonable adverse noise or acoustic impacts.

·      The modification remains consistent with the objectives of the zone and the character of the locality.

·      The development is not inconsistent with the Georges River Local Environmental Plan 2020.

 

Determination

92.      That pursuant to Section 4.55 (1A) of the Environmental Planning and Assessment Act 1979 (as amended), development consent 06/DA-372 (as modified by 06/DA-372 REV 1 and 06/DA-372 REV 2) is modified as follows:

 

Conditions to be modified:

·    2 – Relating to the approved plans.

·    8 – Relating to compliance with the Building Code of Australia.

·    35 – Relating to correction of hours previously imposed.

·    64 – Relating to correction of hours previously imposed

 

The following conditions have been added:

·    2A – Relating to the clearly defining the scope of this modification.

·    8A – Relating to the requirement of an Engineer’s Certificate due to external building works proposed.

·    8B – Relating to the requirement of a Building Information Certificate to regularize previous unauthorised works within lower ground floor.

·    64B – Relating to signage regarding use of lower ground floor hall for Sunday school purposes.

·    64C – Relating to the requirement of a Plan of Management for the Sunday school use.

·    65A – Relating to compliance with the plan of management.

·    65B – Relating to operational details of Sunday school use

·    95 – Relating to a condition recommended by Ausgrid regarding overhead powerlines.

 

CONDITIONS OF CONSENT (MOD2020/0209) modifying 06/DA-372 (as modified)

 

1.         OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This modification to original Development Consent No 06/DA-372 endorsed 23 March 2007 is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, the following Development Control Plans:

 

(a) No. 2 - Car Parking, effective 12/08/99

(b) No.15 - Contaminated Lands, effective 05/10/99

(c)  No.18 - Crime Prevention Through Environmental Design, effective 26/06/01

(d) No. 19 - Access and Mobility, effective 27/12/01

                  and Adopted Codes:

            (i)              Drainage and on site detention requirements - effective reprinted 26/11/04 except where varied by this consent.

 

2.         OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved and attached to this consent.

 

Plan Number

Plan Date

Description

Prepared By

05977/06A Sheets 1-4

11 Dec 06

Architectural

Draft Aid

A 1016/2 E

2 Feb 12

Main floor plan

Abrecon Designs and House Plans

A1016/3 E

2 Feb 12

Lower Ground Floor Plan

Abrecon Designs and House Plans

Drawing 17_47 sheet 02

27 August 2020

Ground Floor Plan

JMH Living Design

A1016/4 H

21 Jun 12

Elevations

Abrecon Designs and House Plans

Drawing 17_47 sheet 05

27 August 2020

Ground floor elevations and sections

JMH Living Design

(Amended as part of REV01 and subsequently as part of REV02)

 

(This condition is amended as part of MOD2020/0209 (06/DA-372))

 

2A.      Scope of works - The works approved under modification application ‘MOD2020/0209’ are limited to the area bound within the red line as shown on the stamped ground floor plan (Drawing 17_47 sheet 02 dated 27 August 2020 prepared by JMH Living Design).

 

(This condition is added as part of MOD2020/0209 (06/DA-372))

 

3.         The proposal must comply with the provisions of the Building Code of Australia.  However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

 

4.         OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.

 

5.         OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98E of the Environmental Planning and Assessment Amendment Regulation 2000.

 

     Erection of Signs

 

(1)   A sign must be erected in a prominent position on any work site on which building work, subdivision work or demolition is being carried out:

 

(a) showing the name, address and telephone number of the principal certifying authority for the work

(b) showing the name of the principal contractor (if any) for any building work and a telephone number at which that person may be contacted outside working hours

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

 

(2)   Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, and must be removed when the work has been completed.

 

(3)   This clause does not apply to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

 

(4)   These signage requirements do not apply to in relation to Crown building work that is certified to comply with the technical provisions of the State's building laws.

 

6.         HOl - Hoardings

     (a)       A separate Development Consent for the erection of an A class (fence type) or B class (overhead type) hoarding along the street frontage(s) complying with WorkCover requirements must be obtained;

            (b)       The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available on our website) before the commencement of work; and

            (c)        A Public Risk Insurance Policy with a minimum cover of $10 million in relation to the occupation of and works within Council's road reserve, for the full duration of the proposed works, must be obtained a copy provided to Council. The Policy is to note Council as an interested party. The copy is to be provided to Council before the issue of the Construction Certificate.

 

To Obtain a Construction Certificate

 

7.         The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

 

   (a)     Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Fee Type

Amount

Receipt Date

Receipt No

Development Application Fee

X

DA1

$661.36

2 Aug 06

263431

Plan First Fee

X

AP35

$105.60

2 Aug 06

263431

Notification Fee

X

AP12

$100.00

2 Aug 06

263431

Imaging Fee

X

AP165

$40.00

2 Aug 06

263431

Long Service Levy

X

AP34

$577.00

2 Aug 06

263431

Builders Damage Deposit

X

BON2

$3200.00

2 May 08

296544

Inspection Fee for Refund of Damage Deposit

X

DA6

$92.00

2 May 08

296544

Company Search Fee

 

 

$20.00

 

 

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

Building Inspection Fees

X

DA6

$459.00

2 May 08

296544

Occupation Certificate Fee

X

AP22

$74.00

2 May 08

296544

 

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.

 

8.         BI1 - Building Code of Australia (“BCA”) - A Construction Certificate (or amended construction certificate) must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

 

(This condition is amended as part of MOD2020/0209 (06/DA-372))

 

8A.      Engineer’s Certificate - A certificate from a professional Engineer specialising in structural engineering certifying the structural adequacy of the existing structure, to support all proposed additional superimposed loads shall be submitted to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate.

 

(This condition is added as part of MOD2020/0209 (06/DA-372))

 

8B.      Building Certificate for previous unauthorised works – Prior to the release of the construction certificate (or amended construction certificate) a Building information Certificate is to be obtained for the additional unauthorised excavation that took place previously within the lower ground level, and which was retrospectively approved under application ‘06/DA-372 REV 1’. The building information must:

 

(a) Obtaining a Certificate of Capacity from a qualified and practicing Structural Engineer as to the structural adequacy of the subject excavated area and its capacity to withstand additional changes to enable all works required to be undertaken to comply with the conditions of this consent and provisions of the National Construction Code (Previously BCA).

 

(b) Obtaining a Building Code of Australia Compliance Report from an appropriately accredited certifier as to the level of compliance and required level of upgrade works necessary (if any) to be undertaken to comply with the National Construction Code.

 

(c) That should extensive building changes be necessary to achieve compliance with the National Construction Code, that a separate application be lodged.

 

(This condition is amended as part of MOD2020/0209 (06/DA-372))

 

9.         OC8 - Design Changes Required - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

(a)     A fully accessible toilet facility for disabled person must be provided on both the lower ground floor and the church/hall level of the building.  These facilities must comply with AS1428.1.

(b)     Two (2) disabled car parking spaces shall be provided on the site.  These spaces shall be clearly line marked and shall be designed and located in accordance with AS2890.

 

10.       BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority.  Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application.  To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

 

11.       BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:

 

     (a)       Payment to Council of a Damage Deposit for the cost of making good any damage caused to any Council property as a result of the development:  $3,200.00

 

     (b)       Payment to Council of a non refundable Inspection Fee to enable assessment of any damage and repairs where required:  $92.00

 

     (c)       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.

 

     (d)       Prior to 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, shall be submitted to Council.

                

(e)       Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

 

12.       Four (4) mature native trees shall be planted on the site. The trees shall be located so as not to interfere with any essential services, buildings or drainage infrastructure on the site or neighbouring sites.

 

13.       DR11 - Stormwater drainage plans - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising hydraulics engineer 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.

 

14.       Pursuant to Clause 94 of the Environmental Planning and Assessment Regulation 2000, the existing building must be brought into total conformity with the Building Code of Australia except, for the protection of openings in the external wall of the existing building.  In this regard, construction plans that demonstrate compliance with the Building Code of Australia must be submitted to the Principal Certifying Authority. Should there be any non-compliance, an alternative method of fire protection and structural capacity must be submitted, with all supporting documents prepared by a suitably qualified person.

 

15.       Should Council be appointment Principal Certifying Authority, in determining the Construction Certificate, all new building work must comply with the applicable deemed to satisfy provision of the Building Code of Australia.  However, if an alternative solution is proposed it must comply with the performance requirements of the Building Code of Australia, in which case, the alternative solution must be fully detailed and supported with suitable evidence and expert judgement. Council will also require, if deemed necessary, for the alternative solution to undergo an independent pier review by either the CSIRO or the SSL (Scientific Service Laboratory).  In these circumstances, the applicant must pay all costs for the independent review.

 

16.       Access for persons with disabilities must be provided to the existing church, the proposed hall and workshops, and to all other areas normally used by the occupants in accordance with the requirements of the Building Code of Australia and AS 1428.1. Details must be submitted with the Construction Certificate application.

 

17.       The proposed hall must not be used as a Place of Public Entertainment unless separate application under the provisions of Section 68 of the Local Government Act 1993, to carry out Entertainment as defined in the Local Government (Approvals) Regulations 1999 is made and approved by Council. The intended use of the hall must be clearly specified and submitted to the Principal Certifying Authority with the application for a Construction Certificate.

 

18.       The Construction Certificate application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the Building Code of Australia:

*           Mechanical ventilation system.

*           Fire fighting services and equipment including hydrants, hose reels, sprinklers, portable fire extinguishers, emergency lights, exit signs, etc.

*           Smoke hazard management system.

*           Fire resistance levels of all building elements.

*           Protection to wall openings that stand less than 3 metres from the boundary or fire source feature.

*           Details of sanitary and disabled sanitary facilities.

*           Provisions for an adequate number of exits and egress widths.

 

19.       The new works on the site shall be constructed so that any use within those sections do not exceed the background noise level by more than 5dB(A) when measured at the boundary of the nearest residential premises.  Details showing how compliance will be achieved shall be submitted with the Construction Certificate.

 

20.       SM3 - Construction Management Plan - Submit to the Principal Certifying Authority a Construction Management Plan that clearly sets out the following:

           (a)        What actions and works that are proposed to ensure safe access to and from the site, and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like.

           (b)        The proposed method of loading and unloading excavation machines, building materials, formwork, and the erection of any part of the structure within the site.

           (c)        The proposed areas within the site to be used for a builder's site office and amenities, the storage of excavated material, construction materials and waste containers during the construction period.

           (d)        How it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways.

           (e)        The proposed method of support to any excavation adjacent to adjoining properties, or the road reserve - the proposed method of support is to be designed by a Chartered Civil Engineer with National Professional Engineering Registration 3 (NPER3) in structural design.

           (f)         A Soil and Water Management Plan detailing all sedimentation controls.

 

21.       PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

 

22.       PN10 - The site is not to be filled or excavated other than as strictly indicated on the approved plans.

 

23.       PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

 

24.       PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.

 

25.       PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail.  Details to be submitted with the Construction Certificate application.

 

26.       PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builders site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.

 

27.       PW6 - Vehicle Wash Bays - All car washing shall be conducted in a roofed and bunded wash bay, with pre-treatment approved by Sydney Water, graded to a drainage point and connected to the sewer. Evidence of approval of the system by Sydney Water to be submitted with the application for a Construction Certificate.

 

28.       FP3 - Trade Waste - A Trade Waste Agreement with Sydney Water must be obtained. If no trade waste agreement or grease trap is required, a letter from Sydney Water is to be submitted to Council to this effect. A copy of the Trade Waste Agreement or letter to Council shall be provided before the issue of the Construction Certificate.

 

29.       PU1.1 - Sydney Water - Access to Water and Waste Water Services - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. 

 

            Application must be made through an authorised Water Servicing Co-ordinator.  Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

 

            Following application a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid.  Please make early contact with the Co-ordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

 

            The Notice of requirements must be submitted with the application for a Construction Certificate.

 

30.       PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water assets sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped. 

 

   Please refer to the web site www.sydneywater.com.au for:

                        *      Quick Check agents details - see Building Developing and Plumbing then Quick Check; and

                        *      Guidelines for Building Over/Adjacent to Sydney Water Assets - see Building Developing and Plumbing then Building and Renovating.

   or telephone 13 20 92.

 

31.       IN3 - Fire Safety Measures - Prior to the issue of a Construction Certificate a list of the fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a Construction Certificate, which is required to be submitted to either Council or an accredited certifier. Such list must also specify the Minimum Standard of Performance for each Fire Safety Measure included in the list. The Council or Accredited Certifier will then issue a Fire Safety Schedule for the building.

 

32.       PU4 – Energy Australia - Substations/Kiosks Energy Australia shall be consulted to determine if an electricity distribution substation is required. If so, it will be necessary for the final film survey plan to be endorsed with an area, having the required dimensions as agreed with Energy Australia, indicating the location of the proposed electricity distribution substation site. The substation must be located within the boundary of the development site, or within the building, subject to compliance with the BCA. The substation site to be dedicated to Council as public roadway, or as otherwise agreed with Energy Australia. For details visit www.energy.com.au or call 131525:

 

(a)       written confirmation of Energy Australia's requirements is to be submitted before the issue of the Construction Certificate; and

 

(b)       Energy Australia's requirements are to be met before the issue of the Occupation Certificate.

 

33.       PU5 - Energy Australia - Underground Electrical Conduits - Energy Australia is to be consulted to determine if underground electricity conduits are to be installed in the footway. If so, the developer is to install the conduits within the footway across the frontage/s of the development site, to Energy Australia's specifications. Energy Australia will supply the conduits at no charge. The developer is responsible for compaction of the trench and restoration of the footway in accordance with Council direction. . For details visit www.energy.com.au or call 131525.

 

     (a)       A copy of Energy Australia's requirements is to be submitted to Council before issue of the Construction Certificate.

 

     (b)       Where conduits are to be installed, evidence of compliance with Energy Australia's requirements is to be submitted before the issue of the Occupation Certificate.

 

       Where works within the road reserve are to be carried out by the developer, a Road Opening Permit Application must be submitted to, and approved by, Council before the commencement of work.

 

34.       Prior to Construction Certificate being issued, Submit to Council for approval,  report from a suitably qualified and experience acoustical consultant detailing types of noise generated from the use and running of the premise and recommendations of noise attenuation works to ensure there will be no noise impact on adjoining residence.

 

The report is to specifically address use of premise including;

*   increase in floor area to church,

*   increase in floor area to new hall,

*   three (3) new workshops,

*   new kitchen,

*   two (2) new conference rooms,

*   mechanical equipment; and 

*   use of air conditioning units vs open windows/doors, etc.

 

35.       Prior to a Construction Certificate being issued, submit to Council for approval, detailed acoustic noise attenuation report from a suitably qualified and experienced acoustical consultant addressing the sound level output for all activities associated with the use and running of the premise. The report shall address;

 

*  increase in floor area to church,

*  increase in floor area to new hall,

*  three (3) new workshops,

*  new kitchen,

*  two (2) new conference rooms

*  mechanical equipment; and 

*  use of air conditioning units vs open windows/doors, etc.

 

The report shall demonstrate the sound level output not exceeding 5dB(A) above the ambient background level at the closest neighbouring boundary between the hours of 8.00pm-7.00am 7:00am-8:00pm on weekdays and Saturdays, 8.00pm-8.00am 8:00am-8:00pm on Sundays and Public Holidays; and

 

Outside the above specified hours, the sound level output for all activities associated with the use and running of the premise shall not exceed the ambient background noise level.

 

(This condition is amended as part of MOD2020/0209 (06/DA-372))

 

36.       Prior to Construction Certificate being issued, submit to Council for approval, plans and specifications for the garbage storage area.

 

The waste storage area must be:

 

i)              provided with a hose tap connected to the water supply;

ii)             paved with impervious floor materials;

iii)            bunded, graded and drained to a waste disposal system in accordance with the requirements of the relevant regulatory authority (Sydney Water);

iv)            adequately ventilated (mechanically or naturally) so that odour emissions do not cause offensive odour as defined by the Protection of the Environment Operations Act 1997.

 

37.       Prior to Construction Certificate being issued, submit to Council for approval, plans and specifications detailing locations of equipment, ductwork, flues etc for all mechanical equipment associated with premise including but not limited to mechanical exhaust systems to kitchen, fans, air conditioning units etc.

 

37A.    Prior to the issuing of a Construction Certificate, the stormwater disposal system as outlined in Appendix 2 in the submission prepared by Engineer M Maran and received by Council on 17 April 2007 shall be noted on the Construction Certificate plans.

 

            (Added as part of Deferred Commencement approval 21 May 2007)

 

Before Commencing the Development

 

38.       IN3 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until;

 

(a)  a construction certificate for the building work has been issued by:


                 (i)        the consent authority; or

       (ii)     an accredited certifier; and

(b)     the person having the benefit of the development consent has appointed a principal certifying authority for the building work; and

(c)     the principal certifying authority has, no later than 2 days before building work commences:

       (i)      notified Council of his or her appointment;

            (ii)        notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are required to be carried out in respect of the building work; and

  (d)     the person having the benefit of the development consent has:

            (i)         appointed a principal contractor for the building work who must be the holder of a contractor licence for the residential building work involved;

       (ii)     notified the principal certifying authority of any such appointment, and

            (iii)       unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work; and the person having the benefit of the development consent has given at least 2 days notice to the Council of the person's intention to commence the erection of the building.

           

                        Note:         If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.

 

39.       BC1 - Construction Certificate - No work shall commence until you:

 

     (a)       Obtain a Construction Certificate from Hurstville City Council - a fee applies for this service; or

     (b)       Lodge with Hurstville City Council any Construction Certificate obtained from an Accredited Certifier (together with associated plans and documents) - a fee applies for this service.

 

40.       BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:

 

     (a)       Not less than two (2) days notice of the date on which it is proposed to commence work associated with this Development Consent.

 

     (b)       Details of the appointment of a Principal Certifying Authority (either Hurstville City Council or an Accredited Certifier).

 

     (c)       Details of the name, address and licence details of the Builder.

 

41.       Prior to the demolition or the carrying out of any building works, a certificate of adequacy from a practicing structural engineer must be submitted to the Principal Certifying Authority certifying the adequacy and structural stability of the existing building.

 

42.       BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover 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.

 

43.       BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.

 

44.       PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work.

 

45.       ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:

 

     (a)       compliance with the approved Soil and Water Management 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 uncontaminated run-off is diverted around cleared or disturbed areas

     (d)       silt fences or other devices are installed to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways

     (e)       all erosion and sediment controls are fully maintained for the duration of demolition/ development works

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

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

     (h)       all water pumped or otherwise removed from excavations or basement areas is filtered to achieve suspended solids/non filterable residue levels complying with the Australian Water Quality guidelines for Fresh and Marine Waters

     (i)        pumped or overland flows of water are discharged so as not to cause, permit or allow erosion

     (j)         compliance with the Do it Right on Site brochure requirements publicated by SSROC

 

Before the commencement of work (and until issue of the Occupation Certificate)

 

46.       PU6 - Energy Australia - Clearances to Electricity Mains - If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, Energy Australia is to be consulted to determine if satisfactory clearances to any existing overhead High Voltage mains will be affected. If so, arrangements are to be made, at your cost, with Energy Australia for any necessary modification to the electrical network in question. For details visit www.energy.com.au or call 131525.

 

47.       ST1 - Structural Details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted to the Principal Certifying Authority for any of the following, as required by the building design:

  

(a) Piers

(b) Footings

(c)  Slabs

(d) Columns

(e) Structural steel

(f)  Reinforced building elements

(g) Retaining walls

(h) Stabilising works

  

Before the commencement of work

 

48.       PU11 - Water, Waste Water, Electricity, Gas and Telecommunications - 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 developer’s expense.

During the Development

 

49.       IN3 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the principal certifying authority and the undermentioned inspections:

 

            (a)            All structural inspections,

            (b)            All inspections necessary to determine that the appropriate conditions attached to this consent have been complied with, and

            (c)            All inspections necessary to determine that the requirements of the Building Code of Australia are being met.

 

Where Council has been appointed as the principal certifying authority, an inspection fee will be paid in accordance with the Schedule of Fees and Charges. Inspection fees are payable for each and every inspection, whether an initial inspection or follow up inspection where remedial work has been necessary. Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

 

Fee Required: $459.00 where Council is the Principal Certifying Authority, payment before issue of the Construction Certificate.

      

50.       DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

 

     A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

 

(a)        Setout 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.

 

(h)       Other.

 

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

 

51.       PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday.

 

Additionally, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) is prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

A Penalty Infringement Notice may be issued for failure to comply with this condition.

 

52.       BC5 - Bulk Excavation or Filling Levels - The bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.

 

53.       DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

 

54.       PN4 - Offensive Noise Generally - The use of the premises, building services, equipment, machinery and ancillary fittings must not give rise to offensive noise as defined under the Dictionary of the Protection of the Environment Operations Act 1997.

 

55.       LA8 - Protection of Tree Roots – During construction, protective fencing shall be provided around the existing trees and/or bushland to be retained.

 

This fencing shall encompass the maximum possible area covered by the drip line of the canopy to prevent damage to the trees and their root system by the movement of vehicles, the handling or storage of building materials, any excavation, filling, or the like. There is to be no storage of building materials, fill or equipment permitted under the canopy of trees retained on site. The Principal Certifying Authority is to approve on-site protection methods before work commences and to ensure maintenance of those protection methods during construction works.

 

56.       PU8 – The electricity supply to the subdivision must be underground.

 

57.       PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.

 

58.       PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.

 

59.       RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

 

60.       RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.

 

Before Occupation

 

61.       Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building.

 

       Prior to the issue of the occupation certificate the principal certifying authority for the building work to be carried out on the site must be satisfied that:

 

(a) any preconditions required by the development consent to be met have been met; and

(b) such building work has been inspected by that principal certifying authority, or, in the case of all inspections other than the last critical stage inspection, by another certifying authority, on such occasions as are prescribed in the Environmental Planning and Assessment Regulation, 2000, and on such other occasions as may be required by the principal certifying authority and the conditions required by this development consent.

 

62.       Fire Safety Certificate before Occupation or Use - Prior to the issue of an occupation certificate the owner of the building must issue a fire safety certificate and must cause a copy of that fire safety certificate to be given to the principle certifying authority issuing the occupation certificate. The fire safety certificate must be issued to the effect that each essential fire safety measure specified in the fire safety schedule for the building to which the certificate relates:

 

(a)     has been assessed by a properly qualified person, and

(b)     was found, when it was assessed, to be capable of performing to at least a standard required by the current fire safety schedule for the building for which the certificate is issued.

 

Note: The owner of the building:

   (a)                must cause a copy of the fire safety certificate (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and

   (b)                must cause a further copy of the fire safety certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

 

63.       WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.

 

64.       Prior to Occupation Certificate being issued, submit to Council for approval documentation from suitably qualified and experienced acoustic consultant certifying, that the noise control measures as recommended in the acoustic report submitted with the Construction Certificate addressing noise impacts

 

*  increase in floor area to church,

*  increase in floor area to new hall,

*  three (3) new workshops,

*  new kitchen,

*  two (2) new conference rooms

*  mechanical equipment; and 

*  use of air conditioning units vs open windows/doors, etc.

 

Comply with the following requirements;

(a)            The sound level output for all activities associated with the use and the running of the premise shall not exceed 5dB(A) above the ambient background level at the closest neighbouring boundary between the hours of 8:00pm-7:00am 7:00am-8:00pm on weekdays and Saturdays, 8:00pm-8:00am 8:00am-8:00pm on Sundays and Public Holidays.

(b)            Outside the above specified hours, the sound level output for all activities associated with the use and running of the premise shall not exceed the ambient background noise level.

 

(This condition is amended as part of MOD2020/0209 (06/DA-372))

 

64A.    The efficacy of the existing stormwater drains and downpipes from the roof of the Church building shall be established to the satisfaction of the Principal Certifying Authority and where necessary the drains and pipes shall be cleared, repaired and connected so as drain roof waters to the drainage pit in Ponderosa Place.

 

            (Added as part of Deferred Commencement approval 21 May 2007)

 

64B.    Clear and noticeable signs written in plain English to be installed inside and outside the lower ground floor hall. The signs are to notify users and visitors with respect to the conditions of use of the area highlighted in the approved Plan of Management (as per condition 8B).

 

(This condition is added as part of MOD2020/0209 (06/DA-372))

 

64C.    Plan of Management - A Plan of Management detailing operation of the Sunday School (within lower ground floor hall) is to be submitted to the satisfaction of Council’s Coordinator Development Assessment prior to the release of the Occupation Certificate detailing the following:

 

(a) Number of staff to be limited to maximum of fourteen (14). Staff to be only visitors of the church to not increase parking requirements.

(b) Number of children to be limited to maximum of fifty (50) aged 1 to 12 years of age. Children to only be from visitors of the church on that day.

(c) The lower ground hall is to have a maximum occupant capacity for the Sunday school use of sixty-four (64).

(d) That the Sunday school be not for profit and not require enrolment fees.

(e) The hours of operation of the Sunday school use be limited to 9:00am to 1:30pm on Sundays only.

(f)  Noise control measures to be put in place.

(g) The availability of a complaints management register.

(h) The prohibition of utilising the area as a child care centre, or early education centre (unless a separate application is granted for the childcare use).

(i)  The prohibition of smoking or alcohol consumption in the lower ground floor hall.

(j)  The prohibition of amplified and live music in the lower ground floor hall.

(k) The prohibition of pets or animals in the lower ground floor hall.

(l)  Security of children and staff.

(m)   Waste Management and cleaning protocol for the Sunday school area.

(n) Sunday School committee (or similar) and roles and responsibilities in relation to upkeep of the Sunday School Classes.

(o) Induction programs for new staff including briefing about fire evacuation protocols and other emergency situations.

(p) Review mechanism of plan of management with a Section 4.55 modification required should the plan of management require to be amended.

 

(This condition is added as part of MOD2020/0209 (06/DA-372))

 

After Occupation/Ongoing Conditions

 

65.       The proposed hall shall be used for purposes ancillary to the church only and shall not be hired or let to any other person/s for private use.

 

65A.    Plan of Management - The development at all times must be carried out in accordance with the Plan of Management approved by Council (as per condition 8B).

 

(This condition is added as part of MOD2020/0209 (06/DA-372))

 

65B.    Operational details- The Sunday school shall be operated as per the following:

 

(a) Hours of Operation: 9:00am to 1:30pm on Sundays only.

(b) Number of Children: Fifty (50) children aged 1 year to 12 years of age. Children to only be from visitors of the church on that day.

(c) Number of Staff: Fourteen (14) comprising of visitors attending the church service only.

 

(This condition is added as part of MOD2020/0209 (06/DA-372))

 

66.       PV14 - Prohibited Parking - Staff, company and visitors' vehicles must only be parked in the spaces provided on the subject premises and not on adjacent footpath or landscaped areas.

 

67.       PV15 - Disabled Parking - The parking space(s) for disabled persons must be sized/marked/signposted in compliance with Australian Standard 2890.1-1993.

 

68.       PV16 - Obstruction of Parking and Manoeuvring Areas - Goods and/or waste or extraneous material must not be stored in the vehicular manoeuvring and parking areas. Those areas must be kept clear at all times for the manoeuvring of vehicles.

 

69.       PV19 - Loading or Unloading - The loading and/or unloading of all goods and materials used in conjunction with the development must take place within the property.

 

70.       LA4 - Parking on Landscaped Areas - No vehicles, goods, materials or extraneous matter may be parked, deposited, or stored on any of the landscaped areas.

 

71.       WA4 - Handling of Waste - No bottle, can or garbage disposal shall take place between the hours of 10.00pm and 8.00am daily.

 

72.       WA5 - Service of trade waste bins must be carried out between 7.00 am and 7.00 pm. weekdays.

 

73.       EF3 - Annual Fire Safety Statement - The owner of the building must issue an annual fire safety statement in respect of each essential fire safety measure in the building premises and cause a copy of that certificate to be given to Council within 14 days of its receipt by the owner.

 

       The annual fire safety statement must be to the effect that:

 

(a)       in respect of each essential fire safety measure, such measure has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing:

 

     (i)               in the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or

 

     (ii)              in the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented, and

 

(b)       the building has been inspected by a properly qualified person and was found when it was inspected to be in a condition that did not disclose any grounds for a prosecution under Part 2, Division 7 of the Environmental Planning and Assessment Regulation, 2000.

 

       The owner of the building must also cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner and as well cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

 

74.       ZC10 - The building exterior is to be maintained in a clean and neat manner, including the regular cleaning of windows.  Any such window cleaning is to be done in an water efficient manner, for example no hosing of the windows is permitted.

 

75.       ZC14 - Amplified music/public address systems must not be audible outside the premises, unless approved by Hurstville City Council.

 

76.       ZC2 - Only signage that is exempt under Council's Development Control Plan No. 14 – Exempt and Complying Development or has consent from Council may be affixed to the building. All signage must comply with Council's Development Control Plan No. 23 – Advertising and Signage.  In particular:

 

(a)       window signs should be on the inside of the glass and must not cover more than one half of the window

(b)       if a language other than English is used on the sign, there must be an accurate English translation in lettering of at least the same size

(c)        signs should look professional (not handwritten) and must be securely fastened

(d)       signs, posters or notices must not be glued to any part of the exterior of the building

 

77.       Washing of waste receptacles to take only take place wholly within approved garbage storage area.

 

78.       All waste, empty bottles, cardboard, used cooking oil drums etc to be stored wholly within approved garbage storage area at all times with the exception of collection day/s.

 

79.       The premise shall not give rise to ‘offensive’ noise as defined under the Protection of the Environment Operations Act 1997.

 

79A.    The stormwater drainage systems shall be maintained so as to effectively discharge water to Ponderosa Place and minimise stormwater discharging across the site to neighbouring premises.

 

            (Added as part of Deferred Commencement approval 21 May 2007)

 

79B.    The approved hall shall only be used for Church activities and is not permitted to be leased for commercial activities, functions or the like.

 

            (Added as part of REV01)


Advices to Applicant

 

80.       Consent Operation - This consent operates from the date the original consent was endorsed, ie 23 March 2007, except as qualified by Section 93 of the Act.

 

This development consent will lapse unless acted upon within five (5) years from the date of the original endorsement, except as qualified by Section 99 of the Environmental Planning and Assessment Act 1979.

 

81.       If you are not satisfied with this determination, you may:

 

(a) Apply for a Review of a Determination under Section 96AB of the Environmental Planning and Assessment Act 1979. A request for review and the decision by Council of that request must be made within twenty-eight (28) days from the date of this Notice of Determination and be accompanied by the relevant fee in accordance with Environmental Planning and Assessment Regulations 2000 Clause 123I.  You must ensure that an application for review of determination gives Council a reasonable period in which to review its decision having regard to the relevant issues and complexity of the application.

      

       OR

 

(b) Appeal to the Land and Environment Court within six (6) months after the date on which you receive this Notice of Determination, under Section 97AA of the Environmental Planning and Assessment Act 1979.

 

82.       AD1 - Dial Before You Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of:

 

       (a)     street/house number and street name

       (b)     side of the street

       (c)     name of nearest cross street

       (d)     distance from nearest cross street

 

       For more details visit www.dialbeforeyoudig.com.au or call 1100.  You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

 

83.       AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

 

84.       AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.

 

85.       AD4 - WorkCover Authority - For premises which are/will be workplaces  a copy of the approved plan to the WorkCover Authority shall be submitted to ensure that the proposal complies with WorkCover requirements. Where factory registration is required by WorkCover, a separate application to Council may be required for a statement of compliance with the egress provisions of the Building Code of Australia. If so it is best to do so as soon as possible. For more details visit www.workcover.nsw.gov.au or call 131050.

 

86.       AD5 - Australia Post - A mail box meeting certain position, dimension and height requirements must be installed to satisfy Australia Post. For more details visit www.auspost.com.au or call 131318.

 

87.       AD6 - Access for Persons with a Disability - In addition to Development Control Plan no. 19 - Access and Mobility and the Building Code of Australia, the Commonwealth Disability Discrimination Act 1992 may impose greater obligations on providing access/facilities for disabled persons. For more details visit the Human Rights and Equal Opportunity Commission website www.hreoc.gov.au or call 9284 9600.

 

88.       AD7 - Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30cm or more when measured 45cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.

 

89.       AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.

 

90.       AD9 - Construction Zone - You may apply for a construction zone on the roadway adjacent to the site for the duration of the construction work, by way of written application and payment of fees detailed in our Schedule of Fees and Charges.

 

91.       AD10 - Energy Australia - The minimum safe distance from overhead power lines shall be maintained in accordance with the requirements of Energy Australia. For details visit www.energy.com.au.

 

92.       AD11 - Other approvals required - Where it is proposed to:

 

  (a) Pump concrete from within a public road reserve or laneway.

  (b)   Stand a mobile crane within the public road reserve or laneway.

  (c)    Use part of Council's road/footpath area.

  (d)   Pump stormwater from the site to Council's stormwater drains.

(e)  Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

 

       An appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of those activities.

 

93.       AD13 - A separate application must be lodged and approved under Section 68 of the Local Government Act 1993 for the erection of any A-Frames or signage boards proposed to be erected on Council's footway.

 

93A.    Overhead Powerlines - Safe work NSW Document – Work Near Overhead Powerlines: Code of Practice, outlines the minimum safety separation requirements between these mains/poles to structures within the development throughout the construction process. It is a statutory requirement that these distances be maintained throughout construction. Special consideration should be given to the positioning and operating of cranes and the location of any scaffolding.

 

The “as constructed” minimum clearances to the mains should also be considered. These distances are outlined in the Ausgrid Network Standard, NS220 Overhead Design Manual. This document can be sourced from Ausgrid’s website, www.ausgrid.com.au

 

It remains the responsibility of the developer and relevant contractors to verify and maintain these clearances onsite.

 

"Should the existing overhead mains require relocating due to the minimum safety clearances being compromised in either of the above scenarios, this relocation work is generally at the developers cost. It is also the responsibility of the developer to ensure that the existing overhead mains have sufficient clearance from all types of vehicles that are expected be entering and leaving the site."

 

Should you have any enquiries, please contact Ausgrid at development@ausgrid.com.au

 

(This condition is added as part of MOD2020/0209 (06/DA-372))

 

 

 

ATTACHMENTS

Attachment 1

MOD2020/0209 - Floor plans - 977 Forest Road Lugarno

Attachment 2

MOD2020/0209 - Elevation and Section plans - 977 Forest Road Lugarno

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 May 2021

LPP013-21              977 Forest Road Lugarno

[Appendix 1]           MOD2020/0209 - Floor plans - 977 Forest Road Lugarno

 

 

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Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 May 2021

LPP013-21              977 Forest Road Lugarno

[Appendix 2]           MOD2020/0209 - Elevation and Section plans - 977 Forest Road Lugarno

 

 

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Georges River Council – Local Planning Panel   Thursday, 20 May 2021

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REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 20 May 2021

 

LPP Report No

LPP014-21

Development Application No

DA2020/0418

Site Address & Ward Locality

55A Vista Street Sans Souci

Kogarah Bay Ward

Proposed Development

Part demolition, alterations and additions to a dwelling house, swimming pool upgrade works, landscape and drainage works

Owners

Basil Berrigan

Applicant

Vic Lake Architects - Jeff Dooley

Planner/Architect

Planner: Brett Daintry and Associates, Architect: Vic Lake Architects

Date Of Lodgement

5/11/2021

Submissions

Fourteen (14) submissions.

Cost of Works

$753,500.00

Local Planning Panel Criteria

Council Delegations: more than five (5) individual submissions received to a dwelling house

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

Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, State Environmental Planning Policy No. 55 - Remediation of Land, State Environmental Planning Policy (Building and Sustainability Index) 2004, State Environmental Planning Policy (Vegetation in Non-Rural Areas), Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment,

 Draft Georges River Local Environmental Plan 2020, Draft Environmental Planning Policy Remediation of Land, Draft Environmental State Planning Policy, Draft Design and Place SEPP, Draft Georges River Development Control Plan 2020,

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

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

Architectural Site and Elevation Plans, Lease from Crown Lands

 

 

 

Report prepared by

Senior Development Assessment Officer

 

 

Recommendation

That the application be refused in accordance with the reasons stated in the report.

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

No Clause 4.6 Exception to Clause 4.4 Floor Space Ratio (*based on Council’s interpretation of site area which excludes Crown Land under lease.)

Special Infrastructure Contributions

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

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, as the application is recommended for refusal.

 

Site Plan

Figure 1: Aerial photo of the site – site outlined in blue.

Figure 1A: Aerial photo of the area outlined in red being subject to the Crown Land Lease.

 

Executive Summary

 

1.         Council is in receipt of a development application which seeks development consent for part demolition, alterations and additions to a dwelling house, swimming pool upgrade works, landscaping and drainage works on land known as 55A Vista Street, Sans Souci. The site comprises of two (2) allotments being 55A Vista Street and a leased allotment owned by Crown Lands which adjoins the foreshore. For the purposes of assessment, the 55A Vista Street, Sans Souci has been included in the assessment of the application.

 

2.         The application was notified between 16 - 30 November 2020 in accordance with Council’s notification policy. In response, a total of fourteen (14) submissions were received from eight (8) nearby properties. The concerns raised have been considered as part of this assessment.

 

3.         On 17 November 2020, a site inspection of the subject site, neighbouring properties and surrounding area was undertaken.

 

4.         On 19 April 2021, the applicant/applicant’s planner was requested to clarify aspects of the proposal in relation to Crown Land Owners Consent and details of architectural plans indicating the approved built form of the adjoining property at 55 Vista Street, Sans Souci. No further response was received upon the finalisation of this assessment report.

 

5.         On 6 May 2021, Crown lands provided written correspondence to Council confirming that Crown Lands has confirmed that that they have not provided approval to include Crown land within the proposed developments floor space calculations.

 

Site and Locality

6.         The subject site is legally described as Lot 22 DP 537089. The site forms a battle axe allotment is known as 55A Vista Street, Sans Souci. The site has a 3.85m frontage to Vista Street being the access handle, 28.56m along the northern side of the access handle with a 1.685m splay, 14.27m along the eastern side boundary (adjoining 55 Vista Street), 28.24m (from high water mark), 4.77m (for the area below high water mark) along the northern side boundary, 20.865m, 8.90m, 12.44m (approx.) along the irregular rear western boundary, 50.29m along the southern side boundary to high water mark. The survey cites an area of 547.3sqm.

 

7.         A separate parcel of reclaimed land being Crown Land (which is currently leased Reclaimed land within Lot 524 DP 75056 – under licence 547747 also contains a jetty) forms part of the western part of the site with an area of 251.4sqm. The owner has a lease from 23 October 2014 until 22 October 2034.

 

8.         The site comprises of an established two storey dwelling house and in-ground swimming pool within the rear setback. A timber jetty adjoins the rear under licence 54774 and the swimming pool is also under this parcel. Works are proposed to resurface the swimming pool and coping as part of this application.

 

    

Figure 2 – 3D perspective of proposal viewed from the rear with a north-east aspect (Source: Vic Lake Architects, 2020).

 

9.         The immediate surrounding area is undergoing transitional change from generally established dwelling houses to large infill contemporary dwellings.

 

Figure 3 - Aerial extract of subject site 55A Vista Street, Sans Souci (Source: Intramaps, 2021).

 

Zoning and Permissibility

10.      The subject site (Private and Crown Land) is zoned Zone R2 Low Density Residential pursuant to the Hurstville Local Environmental Plan 2012 (KLEP2012). The proposed development is defined as a “dwelling house” and is a permissible use in the zone with development consent.

 

Figure 4 - Zoning extract of subject site 55A Vista Street, Sans Souci with the site outlined in blue (Source: Intramaps, 2021).

 

Submissions

11.      The application was notified between 16 - 30 November 2020 in accordance with Council’s notification policy. In response, a total of fourteen (14) submissions were received from eight (8) nearby properties. The concerns raised have been considered as part of this assessment.

 

Reason for Referral to the Local Planning Panel

12.      The application seeks development consent for works relating to a “dwelling house” which has received fourteen (14) submissions and the consent authority is the Georges River Local Planning Panel via Council Delegations.

 

Planning and Design Issues

13.      The proposal claims that a floor space ratio of 0.51:1 is sought based on a site area of 690.9sqm. This has been calculated based on the site area of both 55A Vista Street (excluding the access handle) and Crown Lands. Council’s interpretation of site area has included 55A Vista Street including the access handle but excluding the Crown Land as this is under lease. Council’s assessment equates to 0.58:1 which significantly breaches the maximum permissible floor space being 0.55:1.

 

14.      The proposal results in variations to the Kogarah Development Control Plan regarding; maximum ceiling height, maximum height of building for a flat roof, side setbacks, maximum balcony depth and maximum balcony area.

 

15.      The proposal has not provided adequate owners consent for the area under lease given there is works involving resurfacing of the pool and pool coping works within the area under the Crown Lands lease.

 

16.      The proposal has not provided adequate and consistent information in relation the extent of works proposed in relation to the lack of Crown Lands owners consent for works to the swimming pool, inaccurate plans which demonstrate the existing built form at No.55 Vista Street, Sans Souci.

 

Conclusion

17.      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 considered to be unsatisfactory and is recommended for refusal in its current form for the reasons contained within this report.

 

Report in Full

Description of the Proposal

18.      The application seeks development consent for part demolition, alterations and additions to a dwelling house, pool upgrading works, landscaping and drainage works on land known as 55A Vista Street, Sans Souci. In detail the proposal comprises the following:

 

·      Partial demolition of the existing dwelling house to facilitate the alterations and additions. The extent of works relate to three (3) habitable floor levels;

·      Subfloor level: car stacker pit, turntable, subfloor/plant area, conversion of the boatshed to an open cabana external staircase and new columns adjoining existing open terrace and also to the existing deck area. The new area containing the car stacker and subfloor/plant area is built flush with the boundary of 55 Vista Street;

·      Ground floor: this floor plate is being reworked to provide an entry, internal staircases, guest room with ensuite, living, dining, kitchen, pantry, laundry, drying court and lift shaft. This level is where the turntable is located to service the car stacker to facilitate a vehicle leaving the site in a forward direction;

·      First floor: master bedroom with water facing balcony, lift, master ensuite with walk in wardrobe, toilet and kitchenette; and

·      Drainage works, pool resurfacing and pool coping replacement plus landscaping and site works.

 

Description of the Site and Locality

19.      The subject site is legally described as Lot 22 DP 537089. The site forms a battle axe allotment is known as 55A Vista Street, Sans Souci. The site has a 3.85m frontage to Vista Street being the access handle, 28.56m along the northern side of the access handle with a 1.685m splay, 14.27m along the eastern side boundary (adjoining 55 Vista Street), 28.24m (from high water mark), 4.77m (for the area below high water mark) along the northern side boundary, 20.865m, 8.90m, 12.44m (approx.) along the irregular rear western boundary, 50.29m along the southern side boundary to high water mark. The survey cites an area of 547.3sqm.

 

20.      A separate parcel of reclaimed land owned by Crown Lands (which is currently leased Reclaimed land within Lot 524 DP 75056 – under licence 547747 also contains a jetty) forms part of the western part of the site with an area of 251.4sqm. The owner has a lease from 23 October 2014 until 22 October 2034. In total, the area which relates to the proposed works equates to 798.7sqm.

 

21.      The site comprises of an established two storey dwelling house and in-ground swimming pool within the rear setback. A timber jetty adjoins the rear under licence 54774 and the swimming pool is also under this parcel.

 

Figure 5 – 3D perspective of proposal viewed from the rear with a north east aspect (Source: Vic Lake Architects, 2020).

 

A picture containing text, outdoor, tree, sky

Description automatically generated

Figure 6 – Photograph of subject site viewed from 55A Vista Street, Sans Souci at the western side of the Vista Street in front of the sites access handle from a standing position (Source: GRC, 2020).

 

A picture containing outdoor, shore

Description automatically generated

Figure 7 – Photograph of subject site viewed from the jetty at the rear with an eastern outlook to 55A Vista Street, Sans Souci (Source: GRC, 2020).

 

A picture containing tree, outdoor, pool, resort

Description automatically generated

Figure 8 – Photograph of rear setback subject site, 55A Vista Street, Sans Souci with a north western outlook (Source: GRC, 2020).

 

A car parked in a driveway

Description automatically generated with low confidence

Figure 9 – Photograph of existing carport and the end of the access handle at 55 Vista Street, Sans Souci with a western outlook (Source: GRC, 2020).

 

A picture containing indoor, floor

Description automatically generated

Figure 10 – Photograph of double carport at 55 Vista Street, Sans Souci adjoining the eastern side boundary (Source: GRC, 2020).

 

Figure 11 - Photograph of subject site and immediate surrounding area (Source: GRC, 2021).

 

22.      The immediate surrounding area is undergoing transitional change from generally established dwelling houses to large infill contemporary dwellings.

 

A picture containing tree, outdoor, building

Description automatically generated

Figure 12 - Photograph of adjoining properties to the north. Photograph taken from first floor rear balcony. (Source: GRC, 2020).

 

A picture containing text, outdoor

Description automatically generated

Figure 13 - Photograph of adjoining properties to the south. Photograph taken from Ground floor rear yard. (Source: GRC, 2020).

 

HISTORY

Council’s records indicate the following development history as per the below.

 

23.      A previous development DA2016/0003 which sought for additional floor and new roof and enclosure of carport and adjoining structures was refused on 27 March 2017 by the Independent Hearing and Assessment Panel (IHAP) for the following reason:

 

“The view loss from the premises at 55 Vista Street is considered to be moderate an in circumstances where that loss arises as a result of a non-compliance with the Floor Space Ratio based on the site area and height controls, it is considered that such impact in unreasonable”.

 

24.      The proposal results in a design which results in greater view loss impacts than that of a previous development application which was refused by the Independent Heading and Assessment Panel (IHAP).

 

25.      The proposal seeks variations to the Kogarah Development Control Plan 2013 in relation to maximum ceiling height being 7.2m and 7.8m for flat roofs. Given the site, topography and immediate context, the proposal results in unreasonable view loss impacts due to the design of the proposal.

 

26.      It is noted that a similar application (DA2016/0003) which development consent for additional floor, a new roof and enclosure of the carport and adjoining structures was refused on 27 March 2017 by the Independent Hearing and Assessment Panel (IHAP) for the following reason:

 

“The view loss from the premises at 55 Vista Street is considered to be moderate an in circumstances where that loss arises as a result of a non-compliance with the Floor Space Ratio based on the site area and height controls, it is considered that such impact in unreasonable”.

 

Figure 14 – Extract of previous refused development application DA2016/0003 (Source: Project Planning Design, 2016).

 

Figure 15 – Extract of previous development application refused under DA2016/0003 (Source: Project Planning Design, 2016).

 

27.      The previously refused design contained a significantly smaller second floor addition than that currently proposed and contained balconies along the northern and southern and southern sides. This proposal had a maximum height of RL.10.5 (9.03m) based on the RL’s.

 

28.      The current proposal seeks a wider second floor addition essentially spanning the whole width of the existing building footprint below from the northern to the southern ends. The current proposal seeks a maximum height of 8.98m (RL11.23).

 

Figure 16 – Extract of proposed western (top) and eastern (bottom) elevations (Source: Vic Lake Architects, 2020).

 

Figure 17 – Extract of proposal along the northern and southern side elevations (Source: Vic Lake Architects, 2020).

 

29.      Whist this is a new DA, in relation to the impacts of the development proposed, the proposal is not considered to result in a reduced building height and form that would facilitate view sharing in order to address the concerns of the previously refused designs. It is also noted that the adjoining property at 55 Vista Street, Sans Souci is not considered to be accurately reflected on the submitted drawings with respect to the existing built form.

 

30.      On 5 November 2020, Council received a development application (DA2020/0418) for part demolition, alterations and additions to a dwelling house and drainage works on land known as 55A Vista Street, Sans Souci.

 

31.      The application was notified between 16 - 30 November 2020 in accordance with Council’s notification policy. In response, a total of fourteen (14) submissions were received from eight (8) nearby properties.

 

32.      On 17 November 2020 a site inspection of the subject site, neighbouring properties and surrounding area was undertaken.

 

33.      On 19 April 2021, the applicant was requested to clarify aspects of the proposal in relation to Crown Land Owners Consent and details of architectural plans indicating the approved built form at the adjoining property at 55 Vista Street, Sans Souci.

 

34.      On 6 May 2021, Crown lands provided written correspondence to Council confirming that Crown Lands has confirmed that that they have not provided approval to include Crown land within the proposed developments floor space calculations.

 

State Environmental Planning Policies (SEPPs)

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

 

SEPP Title

Complies

State Environmental Planning Policy No 55 - Remediation of Land

Yes

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

Yes

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

Yes

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

 

Environmental Planning and Assessment Regulations 2000

36.      The proposed development satisfies the relevant matters for consideration under the Regulations.

 

State Environmental Planning Policy No 55 - Remediation of Land

37.      State Environmental Planning Policy 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.

 

38.      A review of the site history based on Council’s records 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. In this regard, the proposal is considered to satisfy the requirements of the SEPP.

 

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

39.      A BASIX Certificate No. A394933 dated 16 October 2020 prepared by BCA Energy has been issued for the proposed development and the development meets the provisions and minimum requirements of BASIX in terms of water, thermal comfort and energy efficiency. In this regard, the requirements of the SEPP have been satisfied.

 

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

40.      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.

 

41.      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).

 

42.      An arborist report was submitted with the development application. Council’s Consulting Arborist supports the proposal subject to the following.

 

43.      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

Cupressus X Leylandii x 6

53A Side rear fence

2.0 metres

 

44.      No concerns were raised with the removal of two (2) trees on site. In this regard, the proposal is considered to reasonably satisfy the criterion of the SEPP.

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

45.      As the slope of the site slopes from front (high) to rear (low), the stormwater from the proposed development can be treated in accordance with Council’s Water Management Policy and can drain to the street satisfying the relevant provisions of the Deemed State Environmental Planning Policy – Georges River Catchment. The method of stormwater detention has been reviewed by Council’s Development Engineer who has provided the following comments:

 

“A concept stormwater plan shall be prepared by qualified practicing drainage engineer to drain the site considering the following:

a)    A grated trench 200mm wide to collect the surface water from the driveway in front of the garages,

b)    Provision of the freeboard for the finish floor level, also showing the location for the proposed PVC and demonstrating the method and connection (if it is in the sea wall) to drain into the bay and the provision of the silt trap pit located within the site prior to discharge into the bay.

c)    The stormwater plan shall show that all stormwater from the site is to drain by gravity to the bay with the provision of a pollution control pit prior to the discharge point located within the property boundary.

 

46.      Comment: The above drainage conditions could be satisfied through design requirements to result in the appropriate disposal of stormwater prior to the issue of the construction certificate if the application was to be supported on planning grounds.

 

Environmental Planning Instruments

Kogarah Local Environmental Plan 2012

 

Zoning

47.      The subject site is zoned Zone R2 Low Density Residential pursuant to the Kogarah Local Environmental Plan 2012 (KLEP2012). The proposed development is defined as a “dwelling house” and is a permissible use in the zone with development consent.

 

48.      The aims of the Plan state the following:

 

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

(aa)  to protect and promote the use and development of land for arts and cultural

activity, including music and other performance arts,

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

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

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

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

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

(f)        to conserve Kogarah’s environmental heritage”.

 

49.      Comment: The proposal is not considered to satisfy the aims of the plans in relation to:

 

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

 

50.      This is due to the design of the proposal which results in adverse impacts in relation to view loss which is generated by an unsympathetic design for the subject site and immediate context.

 

Chart

Description automatically generated

Figure 18 - Zoning extract of subject site 55A Vista Street, Sans Souci with the site outlined in red (Source: Intramaps, 2021).

 

51.      The proposal has been considered against the relevant clauses of Kogarah Local Environmental Plan 2012 (KLEP2012) and is outlined in the table below.

 

Clause

Standard

Proposed

Complies

Part 2 – Permitted or Prohibited Development

R2 Low Density Residential Zone.

 

 

The proposal is defined as a “dwelling house” which is a permissible use within the zone. The proposal meets the definition of this use.

Yes

 2.1

Objectives

Objectives of the Zone R2 Low Density Residential

The proposal is considered to be inconsistent with zone objectives for the reasons detailed within this report.

No

4.3 – Height of Buildings

9m as identified on Height of Building Map

The proposal seeks a maximum height of building of 8.88m. (RL11.23) (forming the rooftop of the proposed first floor).

Yes

4.4A – Floor Space Ratio

Less than 650sqm

Site area = 547.3sqm

x 0.55:1

= 301.01sqm max

Proposed: 319.52sqm

Sub Floor: 98.2sqm

Ground Floor: 133.93sqm

First Floor: 87.39sqm

 

Note: Staircases have been calculated on one level with the void, open cabana and open bar, Subfloor non-habitable areas have been excluded.

 

55A Vista Street, Sans Souci

 

Total = 319.52sqm/547.3sqm =

 

0.58:1

 

Note: based on including Crown Land

55A Vista Street, Sans Souci plus Crown Lands Lease:

 

Total = 319.52sqm/798.7sqm = 0.40:1

No (1) – Note, refer to discussion below

(1) Floor Space Ratio

Council’s assessment interprets the subject site for the purposes of floor space ratio is limited to the site area of 547.3sqm which equates to 0.58:1.The proposal is seeking to utilise the land area that is under lease from Crown as part of the land area which has been used in the gross floor area calculation to establish the floor space ratio for the site which equates to 0.40:1. Valid owners’ consent has not been obtained to undertake all works proposed as part of this application on Crown Land. The owner’s consent provided relates to the replacement of the vitreous clay pipe with a PVC pipe to facilitate drainage from the development.

 

It is acknowledged that the use of the land below Mean High Watermark is under a 20 -year lease arrangement. As a result, for the calculation of lot area the leased land does not form part of the lot size for the calculation of floor space ratio.

 

The applicant’s Statement of Environmental Effects makes reference to an FSR of 0.55:1 which is incorrect. Given the above, it is considered that a Clause 4.6 Exception to Development Standard is jurisdictionally required for any breach above the permitted FSR.

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

 

The FSR has been calculated in accordance with this clause and its contained considerations. It is noted that;

(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot” and

(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot”.

 

For the purposes of calculating site area and FSR, as the Crown land is leased this site area is not part of the allotment area for calculation purposes.

No (2) – refer to discussion below.

(2) Significant development

The proposal seeks the replacement of drainage pipework which are not considered to be significant development. Part of the swimming pool is located within Lot 22 DP 537089 being within Crown Land. The work is not considered to be significant given the nature of the works proposed being:

 

·    The proposal seeks to replace the Vitreous Clay Pipe stormwater pipe with a PVC pipe.

·    The extent of works sought is considered to be minimal development which relates to stormwater disposal significant in relation to the scope of the total site works and physical size of the site (Crown Lands Parcel).

·    No Crown Lands Consent has been granted for the pool works.

 

Notwithstanding above, Clause (9) could be imposed however this would require a restriction on Title. No documentation has been provided in relation to the agreement of such a condition of consent requiring the creation of a covenant.

 

As this relates to the rear of the site which is owned by Crown Land and that this under a current lease, this also requires their approval. Ideally the leased Crown Lands portion of the site should be amalgamated with No. 55A Vista Street, Sans Souci. The Crown has granted consent for the pipework upgrade however no consent has been granted for the pool upgrade works.

5.10 – Heritage Conservation

The objectives of

this clause are:

(i) to conserve the environmental heritage of Kogarah,

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

The site not identified as a heritage item or within a heritage conservation area or within the vicinity of such criterion within the KLEP. An interim heritage order does not apply to the site or any directly adjoining properties.

Yes

6.1 Acid Sulphate Soils

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

The extent of works seeks the replacement of stormwater pipe works and new pool resurfacing and coping replacement. No acid sulphate soils impacted.

 

Yes

6.2 Earthworks

(1)  The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

The proposed earthworks are considered acceptable having regard to the provisions of this clause as the works are not likely to have any unreasonable detrimental impact on environmental functions and processes or neighbouring properties.

The proposal seeks the excavation for the car stacker and subfloor plant abutting the eastern boundary with 55 Vista Street which contains a swimming pool. If the application were to be supported, standard conditions would be imposed in relation to the requirement of a geotechnical report and dilapidation report. However the application is not supported for other planning reasons.

Yes

6.4 Limited Development on Foreshore Area

(1)  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.

The proposal seeks the replacement of a pipe which is located within the Foreshore Area of which Crown Land Owner’s consent has been granted.

Yes

 

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

 

Draft Environment State Environmental Planning Policy

52.      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 SEPPs:

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

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

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

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

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

·      Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

 

53.      Comment: The proposal is not considered to be inconsistent with the provisions of this Draft Instrument.

 

Draft Remediation of Land State Environmental Planning Policy

54.      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.

 

55.      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.

 

56.      Whilst the proposed State Environmental Planning Policy will retain the key operational framework of SEPP 55, it will adopt a more modern approach to the management of contaminated land. The Draft State Environmental Planning Policy will not alter or affect the findings in relation to contamination at the site.

 

57.      Comment: The site has a history of residential uses and as such, site contamination is not suspected. In this regard, no further assessment is warranted with regard to site contamination.

 

Draft Georges River Local Environmental Plan 2020

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

 

59.      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.”  

 

60.      Comment: The proposal is considered to be inconsistent with the provisions of this Draft Instrument given the objectives of the R2 Low Density Residential Zone.

 

Draft Design and Place SEPP

61.      The proposal has been considered against the Draft Design and Place SEPP Explanation of Intended Effect. This SEPP is not applicable to a dwelling house, however there is an intention to move the BASIX criterion to this SEPP. A valid BASIX certificate has accompanied this application and therefore satisfies this part of the Draft SEPP.

 

Development Control Plans 

Kogarah Development Control Plan 2013

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

 

Applicable DCP Controls

DCP Provisions

Development Provisions

Complies

B2 – Tree Management and Green Web

Requirements of subsection to be satisfied

The proposal seeks the removal of two (2) trees on site being palm trees. The proposal seeks replacement shrubs which is considered to be reasonably satisfactory given the absence of large native trees on site and on adjoining properties.

Yes

B4 – Parking and Traffic

2 car spaces

 

 

 

 

2 car spaces are proposed within a proposed car stacker on site. A turntable is proposed to facilitate vehicle manoeuvrability. The proposal is alterations and additions to a dwelling house, there is no reduction in the existing car parking area resulting from the new works.

Yes

 

 

B5 – Waste Management and Minimisation

Requirements to of subsection to be satisfied

 

A Waste Management Plan has not been provided as part of this application. A waste management plan could be conditioned prior to the issue of a Construction Certificate if the application was able to be supported on planning grounds.

No

B6 – Water Management

Requirements of subsection to be satisfied

 

Requirements satisfied in relation to water management. This is supported by Council’s Development Engineer subject to conditions of consent however the extent of works would require additional Crown Owners Consent for works along the sea wall as consent has only been granted for the replacement of the vitreous clay pipe with a PVC pipe.

Yes

B7– Environmental Management

Requirements of subsection to be satisfied in relation to environmental management.

Requirements satisfied in accordance with subsection which relates to satisfying BASIX requirements.

Yes

 

C – Residential

C1 – Low Density Housing

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

 

1. Design Requirements

Control

Requirement

Proposal

Complies

1.1 Streetscape Character

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

 

 

 

 

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

This clause does not apply as the extent of works forms alterations and additions to a dwelling on a battle axe lot with the only frontage to Vista Street being the access handle.

 

This clause does not apply as the extent of works forms alterations and additions to a dwelling on a battle axe allotment with the only presentation to Vista Street being the access handle.

N/A

 

 

 

 

 

 

 

 

 

N/A

1.2 Building Scale and Height

1.2.1 Floor space Requirements

 

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

 

Site Area: Less than or equal to 650sqm

Maximum FSR: 0.55:1

 

 

 

 

 

 

 

 

 

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

 

(i) streetscape considerations (bulk and scale);

(ii) building setbacks;

(iii) landscape requirements;

 

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

 

 

 

 

 

 

 

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

 

 

 

 

(vi) topography of the site.

 

 

 

 

 

 

 

 

 

 

 

 

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

 

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

 

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

 

 

 

 

 

 

Site Area: 547.3sqm

(Note: excluding leased Crown Land).

 

319.52sqm (as previously discussed within this report).

0.58:1 (maximum  FSR permitted is 0.55:1).

 

 

 

The bulk and relative mass of the proposed development is considered unreasonable given the site and context.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The proposal does not seek the removal of any apparent significant key trees or vegetation. Two (2) palm trees are to be removed which are not considered to be of arboriculture significance.

 

Size, shape and volume of the first floor is not considered to be appropriately designed given the site context.

 

The site slopes from front (RL10.51 on the access handle, to rear (RL1.78), with the centre of the site being RL 2.13 (approx.) with an approximate fall of 8.73m, however the proposal is not considered to be designed to step with the topography of the site.

 

No facades are greater than 10m in length without articulation.

 

 

 

 

 

The overall building presents a building mass that is not proportionate with the allotment size and provides opportunities for modulation

 

 

 

 

 

 

Average depth = 22.2m

Control: 60% = 13.33m

Proposed: First Floor length = 200mm rear western terrace with Crown Land adjoining to the rear.

 

 

 

 

 

 

 

 

No (1)

 

 

 

No (1)

 

 

 

 

 

 

 

No (1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

No (1)

 

 

 

 

 

No (1)

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

No (1)

 

 

 

 

 

 

 

 

 

 

 

 

No (2)

 

 

 

 

 

 

 

 

 

 

 

 

(1) Floor space requirements

The proposal seeks a significant variation in floor space proposed being 0.58:1 which exceeds the prescribed floor space of 0.55:1. The proposal has been considered in accordance with the objectives of the floor space requirements control. It is considered that the proposed built form results in adverse view loss impacts attributed by the proposed built form, in particular the first floor addition which spans the whole width of the building footprint below. This is not considered to result in appropriate modulation given the site and immediate context.

(2) Rear setback

Council’s controls prescribe a rear setback for two storey elements of no more than 60% of the site being 13.33m on average. The proposal seeks a minimum setback of 200mm for the rear elevated terrace. Whilst this setback does not seek to reduce the existing rear setback no material impacts are generated by this setback. However the proposal is not supported for the other reasons contained within this report.

1.2.2 Building Heights

 

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

 

7.2m to the underside of the upper ceiling;

 

 

7.8m to the top of the parapet;

 

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

 

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

 

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

 

 

 

 

 

 

7.2m (RL8.63) to the underside of the first floor ceiling.

 

8.88m (RL11.233) top of second floor parapet

 

The proposal forms a three (3) storey dwelling which has a slope in excess of 1:8 across the site.

 

 

 

 

 

The proposed development complies with the maximum height requirement of the LEP being 8.88m.

 

 

 

No rooftop terrace proposed as part of this application.

 

 

 

 

 

 

No (3)

 

 

 

No (4)

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

N/A

(3) Maximum Ceiling Height and (4) Top of Parapet

The proposal seeks to exceed the upper ceiling height control of 7.2m and top of parapet control of 7.8m. Whilst the proposal complies with the 9m Height of Building prescribed within the Kogarah Local Environmental Plan 2012. The intention of the DCP controls is to limit building wall heights where as the 9m control relates to an overall height. The DCP makes reference to a height of 9m which relates to pitched roofs. The impact of the non-compliance above 7.2m (proposed at 8.63m) and 7.8m (proposed at 8.88m) occurs along the western elevation of the proposed second floor level which results in unnecessary view loss impacts generated given the development has not been designed sympathetically for the site and context.

1.2.3 Rhythm of the Built Elements in the Streetscape

 

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

 

 

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

 

The site is located on a battle axe allotment and does not contain a frontage to the street with the exception of the access handle.

 

The proposed development seeks a flat roof which is compatible with the existing streetscape and Council’s applicable controls and minimises view loss impact when compared to that of a higher pitched gable roof.

N/A

 

 

 

 

 

 

Yes

 

1.2.4 Building Setbacks

 

 

 

1.2.4.2 Front Setbacks

 

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

 

(ii) the average of the setbacks of the two adjoining buildings, if the difference between the setbacks of the buildings is greater than 2.0m (Figure 10).

 

1.2.4.3 Side & Rear Setbacks

 

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

 

Dwelling Type

Single dwelling

 

 

 

 

Rear Setback

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

 

15% x 36.86sqm = 5.52m (not applicable – 6m rear setback is greater)

Note: This is measured from the eastern boundary excluding the access handle to the Foreshore which includes Crown Land.

 

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

 

Side Setbacks

 

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

 

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

 

 

 

This control is not applicable as the site forms a battle axe allotment.

 

 

 

This control is not applicable as the site forms a battle axe allotment.

 

 

 

 

 

 

 

The proposal is for alterations and additions to an existing single dwelling house.

 

Proposed Rear Setback:

22.95m (ground floor) measured to the Foreshore.

 

 

It is noted that there is no established rear setback due to the surrounding subdivision pattern which ranges from street to foreshore blocks and battle axe allotments.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N: 1,405mm (min)

S: 300mm - 799mm (min) existing

E: Nil (min) existing

 

 

N: 1,405mm (min) existing

S: 799mm (min) existing

E: Nil

N: 1,405mm (min) existing

S: 799mm (min) existing

E: Nil

 

 

N/A

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No (5)

No (5)

No (5)

 

 

Yes

 

No (5)

No (5)

(5) Side setbacks

Council’s controls prescribe a minimum side setback of 900mm to the side boundary for wall heights below 3.5m and a setback of 1,200mm for wall heights above 3.5m. The proposal forms alterations and additions and seeks to utilise the existing side setbacks whereby the existing side setbacks range from 300mm – 1,405mm. It is noted that the new built form elements above ground level comply.

 

The proposal seeks a nil boundary setback along eastern side boundary forming the garage and carport however this aspect seeks to utilise the existing setbacks along this boundary with an increased wall height along this boundary, being approximately 800mm.

 

Given the consideration of the site, context and proposed reduced setbacks for new elements, this results in adverse visual impacts along the eastern side boundary and is not supported.

1.2.5 Fenestration and External Materials

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

 

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

 

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

 

 

 

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

 

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

 

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

The proposed development is considered to be inconsistent in building material and building colours of the current streetscape and adjoining properties on battle axe allotments.

 

 

 

 

The garage door is not directly visible from Vista Street as the site is a battle axe allotment.

 

This is considered to be consistent with the emerging streetscape and not inconsistent with the existing housing stock of which adopts a flat roof.

 

This has been provided, as per the submitted schedule of colours and finishes.

 

 

 

 

The front façade does not directly face Vista Street as the site is a battle axe allotment.

 

 

 

 

 

The development proposes a two (2) car stacker garage on the allotment as well as a carport.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

1.2.6 Street Edge

(1) New developments should provide front fencing that complements fencing within the streetscape.

(2) Fencing is to be consistent with the requirements of Section 4.2.

 

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

 

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

No front fencing proposed as part of this application.

 

 

 

 

 

 

 

As the site is a battle axe allotment. This control is not applicable.

 

 

 

 

 

The proposal does not result in the removal of any street tree as the driveway crossing in unchanged.

N/A

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

Yes

 

1.3 Open Space

 

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

 

Site Area: 547.3sqm

15% = 82.95sqm

 

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

 

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

 

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

 

 

 

 

 

 

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

 

Proposed:37.81sqm = 6.9% which is located within the rear setback. The existing landscape area comprises of 96.32sqm

 

Private open space is adjacent to the main living areas on the subfloor area and directly accessible from those areas.

 

The site is east to west orientated whereby the rear of the site is located to the west.

 

 

 

 

The proposed development was referred to Council’s Development Engineer; who has deemed the application satisfactory, subject to conditions of consent prior to the issue of the construction certificate if the application was to be supported on planning grounds.

 

No significant trees on site with no significant vegetation to be removed. The proposal seeks a minor increase in the building footprint.

 

No (6)

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

(6) landscaping

Council’s controls prescribe a minimum landscape area 15%. The proposal seeks a landscape area of 37.18sqm which equates to 6.9%. This results in a reduction of landscaped area.

1.4 Vehicular access, parking and circulation

 

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

 

 

 

 

 

(4) Crossings are to be positioned so that on-street parking and landscaping on the site are maximised, and removal or damage to existing street trees is avoided.

 

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

 

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

 

 (11) Storage areas within basements or garages must not exceed 10m2 per dwelling (with a minimum width of 500mm).

 

 

 

 

 

 

 

 

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

Two (2) car spaces proposed within the stacked garage. Two (2) open car spaces in the form of the carport are also located adjoining the eastern side boundary.

 

No change in vehicular crossing which provides access to Vista Street.

 

 

 

 

 

 

This control does not apply as the site is a battle axe allotment.

 

The driveway along the access handle is unchanged.

 

 

 

No basement has been proposed. However it is noted that a subfloor area and plant area which accommodates the car stacker is located within the north-east part of the site. As it is not directly accessible with an internal door, this has not been calculated as a storage area.

 

Swept paths and turning templates have not been indicated on the plans to ensure that the proposal complies with the Australian Standards however there is no building encroachment to the existing car parking area which is to remain. It is noted that there are also no number of internal manoeuvres to facilitate vehicular access under the Australian Standards. In this regard, it is considered that the proposal is satisfactory in relation to internal vehicle manoeuvrability to service a dwelling house.

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

N/A

 

 

 

Yes

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

1.5 Privacy

1.5.1 Visual Privacy

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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

(3) The area of balconies or terraces greater than 1.5m above ground level is limited to a cumulative total of 40m2 per dwelling.

 

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

 

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

 

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

 

(7) In these circumstances, Council will undertake an assessment of the impact of the proposed development on the neighbouring properties having regard to: (i) The types of rooms that are located on the upper levels; (ii) Whether the rooms are “active” or “non-active” (iii) The size and location of proposed upper level windows, balconies, terraces and any other area (elevated more than 1500mm above ground level). (iv) The extent of overlooking onto neighbouring properties. (v) Notwithstanding the above, where rooms on the upper levels are “non-active”, no consideration will be given with respect to privacy issues.

Windows of high habitable use rooms are orientated to the west facing Kogarah Bay.

 

 

 

The proposal seeks a new first floor balcony which is 3.957mm in depth x 6,896mm in width an area totalling 25sqm (approx). This is located more than 3m from the northern and southern side boundaries and is accessed from the master bedroom.

 

Existing = 58sqm on the ground floor,

Proposed = an additional 10sqm on the ground floor first floor to be added and 25sqm of proposed balcony on the second floor equating to 93sqm in total.

 

The proposed exceedance of the 40sqm control for the balcony areas does not result in any privacy impacts given the orientation of the balcony and spatial separation to adjoining properties.

 

 

 

 

 

 

The high habitable use rooms are located on the subfloor level and ground level. No screening is required along the side boundaries given the aspect of the balconies.

 

 

The proposal is not considered to result in any unacceptable privacy impacts in relation to the criterion of this clause.

 

 

 

 

 

 

 

 

 

 

Council’s assessment has indicated that the extent of the balconies are not considered to be inconsistent with the objectives of this clause.

Yes

 

 

 

 

 

 

No (7)

 

 

 

 

 

 

 

 

 

 

 

 

No (8)

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

(7) Maximum balcony depth

Council’s controls prescribe a maximum balcony depth of 2.5m. The proposal seeks a first floor rear balcony depth of 3.97m in depth. The balcony is centrally located on site and does not generate any unreasonable apparent privacy issues. However, the overall proposal is not supported due to view loss impacts in relation to other aspects of the proposal.

(8) Maximum balcony area

Council prescribes a maximum area of 40sqm for balconies. The proposal seeks a total area of 93sqm of which is not considered to result in any material privacy impacts given that the proposed first floor balcony is orientated to the west facing Kogarah Bay. Similar to the above, the overall proposal is not supported due to view loss reasons in relation to other aspects of the proposal.

1.5.2 Acoustic Privacy

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

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

 

 

N/A

1.6 Solar Access

 

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

 

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

 

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

 

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

Due to the orientation of the allotment; (being east to west),

The private open space will receive more than three (3) hours of sunlight during the winter equinox.

 

3 hours of solar access is achieved to neighbouring properties. It is noted that private open space at the rear of No. 55 Vista Street, Sans Souci will receive partial solar access between the hours of 9.00am – 12.00pm.

 

 

 

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

 

 

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

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

1.7 Views and view sharing

 

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

The proposal seeks alterations and additions to an existing dwelling house.

No (9) – refer to discussion below.

 

(9) Views and view sharing

63.      Given the subject site and relationship to adjoining properties, it is considered that there are view aspects to Kogarah Bay to the west of the site which include immediate water views, land and water interface views to; Blakehurst, Dover Park East, Tom Ugly’s Bridges to the south-west and Carss Park to the north-west. On this basis, an assessment has been undertaken in accordance with the Planning Principle established by the Land and Environment Court in Tenacity Consulting vs Warringah Council (2004) NSWLEC140. It is also noted that concerns were raised within the submissions relating to view loss.

 

64.      In relation to the proposal and notification of the application, owners and occupiers of the following property addresses have raised view loss as a concern with the application, namely:

 

Address

Location

Built form

View loss raised

55 Vista Street, Sans Souci

Directly adjoining subject site to the east.

Recently constructed part two – three storey dwelling on a rectangular block.  55A Vista Street is located to the rear of this lot between this property and the foreshore.

View loss from ground floor, first floor and second floor rooms and balconies on each level. This view is directly from across the rear boundary.

54 Vista Street, Sans Souci

Located south east of the site on the eastern side of Vista Street.

Recently construction – part two storey – three storey dwelling

View loss issue raised “loss of view corridor between 55 and 57 Vista Street”. This view is from across the street and through multiple properties and access handle of 55 Vista Street, Sans Souci.

57 Vista Street, Sans Souci

Directly adjoining to the south of the site.

Part two – three storey dwelling on a road to foreshore allotment.

View loss issue raised regarding loss of view from “views across the bay to Carss Park”. This view is a view obtained along a side boundary over   multiple properties.

59 Vista Street, Sans Souci

Located two properties away to the south.

Part two – three storey dwelling on a road to foreshore allotment.

General view loss issue raised regarding “views across the Bay”. This view is an angled view across a side boundary.

53 Vista Street, Sans Souci

Located three properties away to the south.

Part two – three storey dwelling on a road to foreshore allotment. No. 53A Vista Street is located to the rear between this property and foreshore.

View loss issue raised from rear balcony. This view is an angled view across a side boundary.

65 Vista Street, Sans Souci

Located five properties to the south.

Part two – three storey dwelling on a road to foreshore allotment. No. 65A Vista Street is located to the rear between this property and foreshore.

General view loss issue raised due to precedent.

 

“26 The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured”

65.      The views do not comprise of any iconic views such as the Opera House, Harbour Bridge or North Head. Views are considered on a west facing aspect towards Kogarah Bay, Carrs Park, Blakehurst and Tom Ugly’s Bridges and the Georges River. The views relate to the interface of land and water along the eastern shoreline and western shoreline of Kogarah Bay and the Georges River, Sylvania and Kangaroo Point in the distance.


“27 The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic”.

 

66.      Concerns were raised from multiple objectors in relation to view loss impacts. Council has undertaken a view loss assessment based on a site inspection of the subject site and surrounding properties, photos provided by objectors, plans and aerial photography to consider view loss impacts.

 

A picture containing sky, outdoor

Description automatically generated

Figure 19 - Photograph taken from a standing position from the ground floor level of 55 Vista Street, Sans Souci. Views to Kogarah Bay and interface to Blakehurst directly to the south with Tom Ugly’s Bridge to the South West (Source: GRC, 2020).

 

A picture containing indoor, window, living, floor

Description automatically generated

Figure 20 - Photograph taken from the first floor living room of 55A Vista Street, Sans Souci with western aspect views to Kogarah Bay. This has been taken from a standing position (Source: GRC, 2020).

 

Figure 21 - Photograph taken from rear western first floor rear balcony of 55A Vista Street, Sans Souci taken with western aspect views to Kogarah Bay. This photograph has been taken at a sitting position. (Source: GRC, 2020).

 

A body of water with boats in it

Description automatically generated with medium confidence

Figure 22 - Photograph with a south west. Western aspect to Kogarah Bay taken from rear second floor balcony from 55 Vista Street, Sans Souci which is accessed from the master bedroom. This is taken from a sitting position (Source: GRC, 2020).

 

67.      Views to Kogarah Bay from the second floor balcony are unlikely to be affected by the proposed works. This balcony is recessed with a non-trafficable roof from the western end and is unlikely to be impacted by the proposal given the balcony height and sitting.

 

A picture containing window, indoor, building, modern

Description automatically generated

Figure 23 - Photograph from ensuite bathroom from first floor with a western, north western aspect to Kogarah Bay. This photograph has been taken from a standing position (Source: GRC, 2020).

 

68.      The second floor of 55 Vista Street, Sans Souci contains a master bedroom, ensuite and rear balcony. The rear western elevation contains windows and a sliding door which provides access to the rear balcony. Based on Council’s assessment it is considered that the views obtained from this area will not be affected by the proposed works.

 

A picture containing text, outdoor, building, overlooking

Description automatically generated

Figure 24 - Photograph (provided by submitter in a standing position) from the first floor level of 51 Vista Street, Sans Souci (Source: Objector, 2020).

 

“28 The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating”.

 

69.      The extent of impact from the most affected property being 55A Vista Street is considered to be severe. Council’s view loss assessment has indicated that views from the second floor (most upper level) will be retained. Views from the ground floor are unlikely to be retained however it is noted that given that this is located on the ground floor, retention of views would be difficult to retain even with a skilful design. Views from the first floor (middle level) are likely to be severely affected which contains direct views to Kogarah Bay and are categorised as being severe to devastating. This view is considered to be impacted by the proposed second storey level which spans essentially the whole length of the building footprint below of the existing dwelling.

 

70.      The next adjoining properties are the directly adjoining properties of 57 Vista Street, Sans Souci (to the south) and 53 Vista Street, Sans Souci. It is noted that these two dwellings are considered to be affected moderately affected and views are obtained along side boundaries.

 

71.      Views obtained from 64 Vista Street are achieved through a view corridor through the access handle of 55A Vista Street and 57 Vista Street, Sans Souci. This view is obtained from across Vista Street and is considered to be difficult to retain. Given this the view loss is considered to be minor to negligible.

 

72.      Given the proposal, in relation the second floor addition (upper most level), whilst the proposal complies with the overall Height of Building at 8.88m under the Kogarah Local Environmental Plan 2012, the proposal does not comply with the Kogarah Development Control Plan 2013 in relation to articulation, maximum ceiling height 7.2m and maximum height of building for flat roofs at 7.8m. Given the site, topography and context it is considered that the proposal in its current form has not been sympathetically designed.

 

73.      It is considered that that view loss impacts do arise from non-compliant portions of the western addition and compliant elements of the proposed first floor addition. The proposal is not considered to have appropriate regard to view sharing impacts given the immediate surrounding context.

 

“29 The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable”.

 

74.      The proposal seeks a variation to the Kogarah Development Control Plan 2013 in relation to maximum ceiling height of 7.2m and height (flat roofs) of 7.8m.

 

“Whilst is it noted that “with a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours”

 

75.      The proposal is not considered to result in a skilful design for the following reasons:

·      The proposed first floor addition extends for essentially the full length of the existing building footprint below. The first floor comprises of a master bedroom, kitchen, master ensuite, walk in robe, balcony and lift. This is not considered to result in a skilful design in relation to view sharing as it does not facilitate the creation or opportunities for view sharing.

 

·      It is also noted that the previous design scheme proposed a first floor level with an area of 65.3sqm. This design scheme was refused under DA2016/003. The current proposal seeks an area of 87.39sqm (+22.09sqm).

 

Figure 25 – Extract of previously refused proposal (DA2016/0003) which indicates a smaller square shaped building footprint for the first floor.

 

·      The proposal comprises a total 319.52sqm being the following:

o subfloor: 98.2sqm

o ground floor: 133.93sqm and

o second floor: 87.39sqm.

 

76.      This excludes voids above two (2) stairs and excludes an open cantilevered existing ground floor terrace and bar area comprising 52sqm which does not constitute floor area. This however adds to the visual massing of the overall proposal.

 

Figure 26 - Extract of western elevation of previously alterations and additions to dwelling house at 55A Vista Street, Sans Souci (Project Planning Design, 2016).

 

77.      It is noted that the previous officer’s report recommended the deletion or the sun decks and associated balustrades further that the 450mm height facia boards surrounding the roof of the upper most level were to be deleted. The proposal has not sought to reduce the size and scale of the proposed second floor from previous designs.

 

Figure 27 - Extract of western elevation of existing dwelling house at 55A Vista Street, Sans Souci and dwelling house at 55 Vista Street, Sans Souci in background (Source: Vic Lake Architects, 2021).

 

Figure 28 - Extract of western elevation of existing dwelling house at No. 55A Vista Street, Sans Souci and dwelling house at No. No.55 Vista Street, Sans Souci in background (Source: Vic Lake Architects, 2021).

 

C1 Low Density Housing Section 4 Ancillary Structures

78.      The proposal has been considered in accordance with the following considerations.

 

Clause

Control

Proposed

Complies

4.2.1 Fences and Walls

 

(6) Services, including pipes, conduits and the like must not be attached to the face of front fences and walls.

No front gate proposed.

N/A

4.2.3 Retaining walls

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

Standard conditions would be imposed such as the requirements of a geotechnical report and dilapidation reports if recommended for approval to ensure appropriate structural design and construction however the proposal is not supported and is recommended for refusal. This is to mimimise impacts on adjoining properties in particular to the adjoining property at 55 Vista Street, Sans Souci.

Yes

 

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

All works are proposed to be contained within the subject site. If the application were to be supported standard conditions to ensure appropriate structural design and construction, however the proposal is not supported for other reasons and is recommended for refusal.

Yes

 

(4) No part of any retaining wall or its footings can encroach onto a

drainage easement or transmission line easement unless approval from

the appropriate consent authority is obtained.

All works proposed are unaffected by the criterion of this clause, however the proposal is not supported and is recommended for refusal.

Yes

 

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

A standard condition would be imposed if recommended for approval; however the proposal is not supported and is recommended for refusal.

Yes

 

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

A standard condition would be imposed if recommended for approval, however the proposal is not supported and is recommended for refusal.

Yes

 

The proposal see

Section C4 – Foreshore

       Foreshore Locality Controls

79.      The application seeks the replacement of a pipe and coping of the existing swimming pool. Council’s controls do not prescribe controls for drainage work however this not considered to be unreasonable in relation to the objectives of the controls within this subsection. It is noted that the landscape plan seeks coping of the existing pool however as part the swimming pool is located within Crown Land. Crown Lands have confirmed that owners consent is not required for works regarding the swimming pool.

 

Interim Policy Georges River Development Control Plan 2020

80.      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 2020. All other aspects have been thoroughly assessed under Hurstville Development Control Plan No.1. 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

Landscape

20% (2m min dimension)

It is noted that the KDCP prescribes 15%.

19m2 (2m min dimension) 3.47%

Located within the rear setback.

No

 

81.      The proposal is not considered to be inconsistent with the Interim DCP 2020.

 

Draft Georges River Development Control Plan 2020

82.      The Draft Georges River Development Control Plan 2020 does not come into effect until the Georges River Local Environmental Plan 2020 is certain or imminent.

 

DEVELOPER CONTRIBUTIONS

83.      A dwelling house requires payment of developer contributions under Section 7.11 of the Environmental Planning and Assessment Act 1979. As the proposal is not supported for reasons contained within this report, a levy is not applicable.

 

IMPACTS

Natural Environment

84.      The proposal seeks to remove two (2) palm trees on site which of palm trees and shrubs. Council’s consulting arborist has supported the proposal on the basis of protecting trees on the neighbouring northern property at 53A Vista Street, Sans Souci. The proposal seeks to drain from front to rear with stormwater disposal to drain to the rear into Kogarah Bay. In this regard, the proposal is not considered to result in any adverse impacts to the natural environment subject to compliance with condition if the application was to be supported.

 

Built Environment

85.      The proposed development results in a built form which is not considered to be compatible with the immediate vicinity. This is due to the incorporation of the Crown Land parcel. As previously mentioned within this report, Council is not satisfied the Owners consent letter captures the extent of works proposed to 55A Vista Street, Sans Souci, there are works on Crown Land relating to pool resurfacing and coping of the swimming pool.

 

Social Impact

86.      The proposed development has no unreasonable adverse social impact given the residential nature of the proposal which seeks alterations and additions to an existing dwelling house.

 

Economic Impact

87.      The proposed development will have no unreasonable adverse economic impact given the residential nature of the proposal which seeks alterations and additions to an existing dwelling house.

 

Suitability of the Site

88.      It is considered that the proposed development is not of an appropriate scale and form for the subject site. It is also noted that substantial works have not occurred on Crown Land portion of the site further that Crown Lands has not provided owners consent for works to the swimming pool.

 

SUBMISSIONS AND THE PUBLIC INTEREST

89.      The application was notified and advertised to adjoining owners and occupiers in accordance with Council’s requirements. All concerns have been considered as part of the assessment of this application. In response, fourteen (14) submissions were received which raised the following key issues:

 

View Loss

90.      Comment: Concerns were raised in relation to view loss impacts generated by the proposed development. The impacts in relation to view loss impacts have been considered earlier within this report. The proposal is unsatisfactory in this regard.

 

Crown Consent

91.      Concerns were raised that;

·      Crown Consent has been misconstrued to facilitate alterations and additions,

·      Crown Consent has not given approval for coping works as indicated on the landscape plan.

 

92.      Comment: It is acknowledged that the use of the land below Mean High Watermark is under a 20 year lease arrangement. As a result, for the calculation of lot area the leased land does not form part of the lot size for the calculation of floor space ratio and landscaped area. Crown Lands has confirmed that that they have not provided approval to include Crown land within the proposed developments floor space calculations. Crown Lands have confirmed that such works relating to coping does not require their consent.

 

Bulk and scale

93.      Concerns were raised that;

·      The proposal seeks a larger size than that previously refused by the Independent Hearing and Assessment Panel (IHAP),

·      The proposal seeks a bulk and scale which is does not comply with the maximum ceiling height and height for flat roofs,

·      Three storey built form in the foreshore area,

·      Excessive height over 7.8m.

 

94.      Comment: The proposal forms alterations and additions to an existing two storey dwelling house. The proposed elements on the ground floor and first floor generally retain the same visual bulk as that existing however the proposed first floor addition seeks a level which essentially spans the width of the existing dwelling. The proposed first floor level results in a form which has not given appropriate consideration to appropriate view sharing.

 

Height poles

95.      Concerns were raised that;

·      Height poles would be erected which would disrupt views. Previously height poles were left after the previous application was refused.

 

96.      Comment: Given the proposal is not supported and view loss impacts are generated by the full length second floor addition. Council’s assessing officer has inspected the property and neighbouring dwellings. Council did not request for the applicant to erect height poles given that the application is recommended for refusal.

 

Exceedance in FSR

97.      Concerns were raised that;

·      The site comprises of 547.3sqm (excluding the Crown Land Lease) and result in a Floor Space Ratio of 0.64:1.

·      A Clause 4.6 Exception to Development Standard is required.

 

98.      Comment: It is acknowledged that the use of the land below Mean High Watermark is under a 20-year lease arrangement. As a result, for the calculation of lot area the leased land does not form part of the lot size for the calculation of floor space ratio. In this regard, a Clause 4.6 Exception to Development Standard to Clause 4.4 Floor Space Ratio is required for a breach of a development standard.

 

Setbacks

99.      Concerns were raised that;

·      The proposal seeks non compliant setbacks less than 900mm and 1,500mm,

·      Impacts of increase in wall height along the eastern side elevation (garage and carport).

 

100.    Comment: The proposal seeks to utilise existing setbacks along the northern and southern side boundaries as assessed within the report. The proposal seeks to increase the height of the wall along the western side boundary which creates a further visual impact. The proposed setbacks have been considered earlier within this report.

 

Lack of substantial works occurring on Crown Land

101.    Comment: The proposal seeks the replacement of the pipe works on Crown Land which is not considered to be substantial. It also noted that no Crown Consent was granted for the pool resurfacing and coping replacement for the swimming pool which is absent from the Owners Consent letter however Crown Lands has confirmed that owner’s consent is not required for the swimming pool works.

 

Precedent

102.    Concerns were raised that;

·      The proposal would result in a precedent in particular for battle axe allotments on Vista Street, Sans Souci.

 

103.    Comment: The proposal has been considered in relation to the applicable controls, objectives of the controls and impacts for the site and immediate surrounding area. Council’s assessment has not supported the proposed design in its current form. Any future application on any other allotment would undergo an assessment based on the criterion and impacts as has this application.

 

Inadequate documentation

104.    Concerns were raised in relation to the documentation;

·      The proposal has not provided a recent survey which indicates the recent built form at 55 Vista Street, Sans Souci despite undergoing recent renovations,

·      No RL’s indicated on some plans and elevations,

·      Architectural plans make reference to 55 Vista Street as a one and two storey rendered cottage with tiled roof,

·      Architectural plans do not correctly reflect the built form of No. 55 Vista Street,

·      Inaccurate information submitted,

·      Inaccurate height of building at 9.275m,

·      Number of storeys exceeding 1:8 (12.5%) slope.

 

105.    Comment: The submitted survey does not accurately reflect the location and built form. The applicant has provided sufficient information on the submitted plans for Council to undertake as assessment on the proposal and impacts. An assessment of the application has been undertaken in relation proposal and applicable controls earlier within this report. Council’s assessment indicates a maximum height of building of 8.88m and that the site does slope more than 12.5% across the whole property which includes the access handle.

 

Inadequate documentation

106.    Concerns were raised in relation the Statement of Environmental Effects;

·      Incorrect and misleading information submitted within the Statement of Environmental Effects

 

107.    Comment: An independent assessment has been undertaken based on the information provided to Council. An assessment of the application has been undertaken in relation proposal and applicable controls earlier within this report which identifies issues with the proposal, result in the application not being able to be supported.

 

REFERRALS

Council Referrals

 

Development Engineer

108.    Council’s Development Engineer supports the proposal subject to conditions of consent requiring design changes relating to car parking of the proposal prior to issue of the construction certificate as per below:

 

“A traffic manoeuvring plan prepared by a qualified traffic consultant showing the functioning of the turntable and its dimensions in order for vehicles to enter the proposed garages and to leave the site in forward direction and also to show the surface levels of the manoeuvring area with respect to the garages and the existing driveway profile.”

 

109.    Comment: The proposal seeks alterations and additions to an existing dwelling house. The existing dwelling contains two car parking spaces which are accessed via an access handle and a driveway. The existing car parking configuration would require multiple manoeuvres on site to exit in a forward direction or alternatively require the reversing of vehicles up the driveway. The proposed works do not seek to encroach the existing car parking area which would limit existing vehicle manoeuvrability. The proposal seeks a (2) two car stacker and a turntable (to facilitate vehicular access) in the front south-east corner adjoining the access handle.

 

110.    Further that Council’s Development Engineer has commented that design changes would be required to the sea wall, this would also required Crown Lands Owners consent.

 

Consultant Arborist

111.    Council’s Consultant Arborist supports the proposal in relation to the removal of two (2) trees on site and the protection of trees within the neighbouring property at 53A Vista Street, Sans Souci.

 

CONCLUSION

112.    The development seeks approval for the part demolition, alterations and additions to a dwelling house, pool resurfacing and coping replacement works, landscaping and drainage works on land known as 55A Vista Street, Sans Souci. The application has been assessed having regard to the Matters of 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. It is considered that Development Application No DA2020/0418 is not supported and should be refused for the reasons contained within this report.

 

113.    Whist the proposal forms a new DA, in relation to impacts, the proposal is not considered to result in an appropriate building height and development form scale to facilitate view sharing.

 

DETERMINATION AND STATEMENT OF REASONS

114.    Statement of Reasons

·      The proposal results in an exceedance in permissible floor space based on the site area which excludes the leased Crown Lands land component. Crown Lands has provided correspondence that the site area of the leased Crown Lands to be used for the purposes of floor space. No Clause 4.6 Exception to Development Standard has been provided for the exceedance in floor space.

·      The proposed development due to the non-compliance in floor space, height and the design resulting in unacceptable adverse view loss impacts to 53, 55 and 57 Vista Street, Sans Souci.

·      The proposal does not satisfy Section 1.3 Objects of the Act of the Environmental Planning and Assessment Act 1979 whereby the proposal does not satisfy objective (g) to promote good design and amenity of the built environment.

The proposal results in adverse bulk and scale.

·      No valid owner’s consent has been provided for all works proposed with the Crown Land area.

·      In consideration of the aforementioned reasons, the proposed development is not a suitable and planned use of the site and its approval is not in the public interest.

 

Determination

115.    THAT pursuant to Section 4.16 (1)(a) of the Environmental Planning and Assessment Act 1979, as amended, the Georges River Local Planning Panel approve development consent to Development Application DA2020/0418 part demolition, alterations and additions to a dwelling house, pool resurfacing and coping replacement works, landscaping and drainage works on land known as 55A Vista Street, Sans Souci for the following reasons;

 

1.      Environmental Planning Instrument - Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not satisfy the following Object of the Act:

 

(a)  To promote good design and amenity of the built environment.

 

2.      Environmental Planning Instrument - Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 the proposal does not satisfy the following Aims of the Plan.

 

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

 

3.      Environmental Planning Instrument - Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 the proposal does not satisfy Clause 4.4 Floor Space Ratio.

 

4.      Development Control Plan - Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the following Section B5 – Waste Management and Minimisation.

 

(a) A waste management plan was not submitted.

 

5.      Development Control Plan - Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the following sections of Chapter C1 Low Density Housing of the Kogarah Development Control Plan 2012:

 

(a)  Section C2 – Low Density Housing Clause 1.2.2 Building Heights

(b)  Section C2 – Low Density Housing Clause 1.2.4 Building Setbacks

(c)   Section C2 – Low Density Housing Clause 1.7 View Sharing

(d)  Section C2 – Low Density Housing Clause 1.3 Open Space

 

6.      Development Control Plan - Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the Interim Georges River Development Control Plan 2020 whereby the proposal does not comply with landscaping.

 

7.      Impacts on the Environment - Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development is likely to have an adverse impact on the following aspects of the built environment:

 

(a)  The proposal results in adverse visual bulk, scale and view loss impacts.

(b)  The proposal results in reduced amenity for adjoining properties.

 

8.      Suitability of Site - Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the site is not considered suitable for the proposed development as:

 

(a)  The proposal results in adverse bulk and scale impacts which result in view loss.

 

9.      Public interest - Pursuant to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development in its current form is not considered to be in the public interest and is likely to set an undesirable precedent within the locality.

 

10.    Insufficient in accurate information

a)    Inaccurate built form is shown in relation to the neighbouring property at 55 Vista Street, Sans Souci.

b)    No Owners consent has been provided for 55A Vista Street, Sans Souci.

c)    No Crown Land Owner’s consent has been provided to include Crown Land within the proposed floor space calculation benefiting the proposal.

 

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.

 

 

 

ATTACHMENTS

Attachment 1

Site plan, elevations and perspectives - 55A Vista Street Sans Souci

Attachment 2

Owners Consent - Part Lot 524 DP 752056 - 55A Vista Steet, San Souci

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 May 2021

LPP014-21              55A Vista Street Sans Souci

[Appendix 1]           Site plan, elevations and perspectives - 55A Vista Street Sans Souci

 

 

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Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 20 May 2021

LPP014-21              55A Vista Street Sans Souci

[Appendix 2]           Owners Consent - Part Lot 524 DP 752056 - 55A Vista Steet, San Souci

 

 

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Georges River Council – Local Planning Panel   Thursday, 20 May 2021

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REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 20 May 2021

 

LPP Report No

LPP015-21

Development Application No

DA2020/0390

Site Address & Ward Locality

Lot 11 - 24 Neville Street Oatley

Peakhurst Ward

Proposed Development

Construction of a dwelling house and in-ground swimming pool, and tree removal on proposed Lot 11 in approved subdivision

Owners

T Grubisic, B Grubisic, 360 Control Pty Ltd

Applicant

Kingscorp Pty Ltd

Planner/Architect

Brick Architects

Date Of Lodgement

14/10/2020

Submissions

 Eleven (11)

Cost of Works

$750,000.00

Local Planning Panel Criteria

The application has more than 5 objections

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 Environmental State Environmental Planning Policy, Draft State Environmental Planning Policy – Remediation of Land, Draft Design and Places SEPP

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, Submissions

 

 

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

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

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

Not Applicable

 

Special Infrastructure Contributions

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

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, standard conditions have been attached with no design changes

 

Site Plan

 

 

Executive Summary

Proposal

1.         This development application (DA) seeks consent for the Construction of a dwelling house and in-ground swimming pool, and tree removal on proposed Lot 11 in approved subdivision.

 

2.         The proposed development complies with the relevant development standards in Kogarah LEP 2012, and the majority of the relevant planning controls in Kogarah DCP 2013. Variations are sought to the rear setback and 60% lot depth control, and these are addressed in this report.

 

Site and Locality

3.         The development site is located on the corner of Neville Street and Annette Street. It consists of two existing allotments known as 24 Neville Street, Oatley. These sites are legally identified as Lots 2 and 3 in DP4442.

 

4.         A Torrens title subdivision into four lots and drainage channel works were approved by council on 14/2/2020. The approved subdivision plan is shown in the figure below. This application is for Lot 11 in the approved subdivision.

 

Figure 1 – Approved subdivision plan

 

5.         Demolition of the existing dwelling and garage on the site was approved by Council on 5/9/2019 (DA2019/0366) and has been completed.

 

6.         Lot 11 has frontage to Neville Street of 20.115m and a site area of 683sqm. The land falls from Neville Street to the rear and across the site from the northwest to the southeast.

 

7.         The site is vacant.

 

8.         The land to the northwest at 26 Neville Street is occupied by a dwelling house oriented to, and with access from, Neville Street. The land to the south east and south forms part of the four lot subdivision (Lots 12, 13 and 14). An application for a dual occupancy on each of those lots has been assessed and reports for each lot are also on the agenda for this Panel meeting. The proposed layout of all four applications is provided at Figure 2.

 

Figure 2 – Proposed layout of all applications

 

Zoning and Permissibility

9.         The subject site is zoned R2 Low Density Residential under the provisions of Kogarah Local Environmental Plan 2012 (KLEP 2012). The proposal involves the construction of a dwelling house 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). Eleven (11) submissions were received raising concerns with tree loss, privacy, overshadowing, bulk and scale, height, setbacks and character of the area. These are discussed in greater detail in the body of this report.

 

11.      Amended plans were submitted to Council in February 2021 following a request by Council to address issues including FSR, setbacks and plan details. The changes on the amended plans were not of a nature that required re-notification of the plans. They included a reduction in floor space and clarification of some details on the plans.

 

Reason for Referral to the Local Planning Panel

12.      This application is referred to the Georges River Local Planning Panel for determination as more than five objections were received.

 

Planning and Design Issues

13.      The proposal is an appropriate response to the site when considered against the Kogarah Local Environment Plan 2012 (KLEP) development standards for FSR and height. The proposal seeks a variation to the rear setback and 60% lot depth control, which are addressed in this report. The rear setback variation is not supported (a design change condition is recommended for the plans to be amended to comply at Construction Certificate stage) and the 60% lot depth control has been justified in this report.

 

14.      The proposal is fully compliant with the maximum FSR and height development standards that apply 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 bulk and scale of the building has satisfactorily been resolved via good articulation, appropriate building setbacks and a mix of materiality and textures.

 

16.      As a result, the application is recommended for deferred commencement approval subject to conditions of consent. The subdivision certificate for the four lot land subdivision under DA2019/0365 is to be registered prior to this consent being activated.

 

Report in Full

Description of the Proposal

17.      The proposal seeks consent for the construction of a dwelling house and swimming pool and landscaping works. A detailed description of the proposal is as follows:

 

·    Basement level storage.

·    Ground level – double garage, library and study, courtyard, WC, living, dining and kitchen area, outdoor lounge and outdoor deck with adjacent swimming pool.

·    First floor – three bedrooms, each with a balcony, family room, bathroom, laundry and master bedroom with ensuite bathroom and balcony.

·    Landscaping works.

 

Description of the Site and Locality

18.      The development site is located on the corner of Neville Street and Annette Street. It consists of two existing allotments known as 24 Neville Street, Oatley. These sites are legally identified as Lots 2 and 3 in DP4442.

 

19.      A Torrens title subdivision into four lots and drainage channel works were approved by Council on 14/2/2020. This application is for Lot 11 in the approved subdivision.

 

20.      Demolition of the existing dwelling and garage on the site was approved by Council on 5/9/2019 (DA2019/0366) and has been completed.

 

21.      Lot 11 has frontage to Neville Street of 20.115m and a site area of 683sqm. The land falls from Neville Street to the rear and across the site from the northwest to the southeast.

 

22.      The site is vacant.

 

23.      The land to the northwest at No. 26 Neville Street is occupied by a dwelling house oriented to, and with access from, Neville Street. The land to the south east and south forms part of the four lot subdivision (Lots 12, 13 and 14). An application for a dual occupancy on each of those lots has been assessed and reports for each lot are also on the agenda for this Panel meeting.

 

 

 

Figure 3 – View of the site from Annette Street (dwelling in the background is 26 Neville St)

 

State Environmental Planning Policies (SEPPs)

24.      Compliance with the relevant SEPPs 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

 

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

 

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.      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 (Vegetation in Non-Rural Areas) 2017

30.      The Vegetation SEPP 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.

 

31.      The Vegetation SEPP applies to clearing of:

 

(a) Native vegetation above the Biodiversity Offset Scheme (BOS) threshold where a proponent will require an approval from the Native Vegetation Panel established under the Local Land Services Amendment Act 2016; and 

(b) Vegetation below the BOS threshold where a proponent will require a permit from Council if that vegetation is identified in the council’s development control plan (DCP). 

 

32.      The Vegetation SEPP 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 DCP.

 

33.      No trees are proposed for removal. Council’s Consultant Arborist has reviewed the proposal and raised no objection to approval of the Landscape Plan submitted with the DA, plus the planting of two additional street trees and four site trees.

 

34.      On this basis, the proposal is consistent with relevant provisions of the Vegetation SEPP.

 

Draft State Environmental Planning Policies

Draft Environment SEPP

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

 

36.      This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property.

 

·      Changes proposed include consolidating the following seven existing SEPPs:

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

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

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

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

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

·      Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

 

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

 

Draft Remediation of Land SEPP

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

 

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

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

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

·      Clearly list the remediation works that require development consent;

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

 

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

 

Draft Design and Place SEPP

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

 

Environmental Planning Instruments

Kogarah Local Environmental Plan 2012 (KLEP 2012)

Zoning

41.      The subject site is zoned Zone R2 Low 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 dwelling house which is a permissible land use in the zone.

 

Figure 4 - Zoning map the site is outlined in red

 

42.      The objectives of the zone are as follows:

 

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

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

 

43.      The proposal satisfies the objectives of the R2 Zone as it will continue to provide housing for the needs of the community.

 

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

 

Kogarah Local Environmental Plan 2012 Compliance Table

Clause

Standard

Proposed

Complies

Part 1 – Preliminary

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

The development is considered to be consistent with the aims of the plan.

Yes

1.4 - Definitions

Dwelling House means:

 

a building containing only one dwelling.

 

 

The proposed development is consistent with the definition.

 

 

Yes

Part 2 - Permitted or prohibited development

2.3 - Zone objectives and Land Use Table

Meets objectives of R2- Low Density Residential Zone.

 

Development must be permissible with consent

The proposal is permissible with development consent.

Yes

Part 4 - Principal Development Standards

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

The proposal has a maximum overall height of 6.3m.

 

Yes

4.4 – Floor Space Ratio

0.55:1 as identified on Floor Space Ratio Map

Despite clause 4.4 (2), the floor space ratio for residential accommodation on land in Zone R2 Low Density Residential, Clause 4.4A applies.

Refer to Clause 4.4A

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

2) Despite clause 4.4 (2), the floor space ratio for residential accommodation on land in Zone R2 Low Density Residential is not to exceed the maximum floor space ratio specified in the table to this subclause.

 

Site area

 

·   less than 800 square metres but not less than 650 square metres [(lot area − 650) × 0.3 + 357.5] ÷ lot area:1

 

Site area: 683sqm

 

0.538:1 or 367.4sqm

The proposed development has a total FSR of 366sqm or 0.53:1

 

 

Yes

Part 6 - Additional Local Provisions

6.2 Earthworks

(2) Development consent is required for earthworks unless—

(a) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or

 

(b) the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.

The proposed earthworks are ancillary to the proposed development and are acceptable for this form of development.

Yes

 

Draft Georges River Local Environmental Plan 2020

45.      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 zoning, height and floor space ratio remain unchanged.

 

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

 

47.      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)

48.         The following compliance table is an assessment of the proposal against the Chapter C1 controls.

 

Control

Standard

Proposed

Complies

1.2 Building Scale and Height

1.2.1 Floor space Requirements

 

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

 

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

 

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

The proposed development is sufficiently articulated with a courtyard and varying setbacks.

 

 

 

 

 

The proposed building mass is a good design outcome for the site.

 

 

 

 

 

 

 

 

 

 

 

60% depth = 20.4m

 

Proposed first floor element =28m

 

Difference: 8m

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

No

 

 

 

 

 

 

 

 

Comment on 60% lot depth non-compliance

49.      The proposed development encroaches the 60% lot depth for the site by up to 8m. The area of encroachment is shown in the figure below and contains the master bedroom, part of the ensuite bathroom, a void area, part of a guest bedroom and ensuite bathroom.

 

Figure 5 – Area of non-compliance with 60% lot depth control

 

50.      The objectives of the Building Scale and Height controls are:

 

(a) Ensure that new buildings and alterations and additions respect the dominant building forms and scale through the use of innovative architectural responses.

(b) Distribute building height and bulk on the site so as to ensure there is no significant loss of amenity to adjacent sites, open space and public streets.

(c)  Ensure that building heights respond to the scale of the street and surrounding buildings.

(d) Ensure that the height of buildings does not overly impact on the streetscape or neighbouring properties.

 

51.      The justification for the non-compliance has been adequately addressed by the applicant and is supported as the proposal:

 

·  the first floor setback to the rear boundary complies with the minimum 6m rear setback control,

·  is well articulated on both side elevations to reduce the bulk of the proposal when viewed from neighbouring properties,

·  provides compliant side setbacks;

·  will not have an adverse visual impact on neighbouring properties due to the siting of the neighbouring dwelling at 26 Neville Street and the proposed siting of the dwellings on Lot 12 (DA2020/0391),

·  contains no windows within the encroaching area and the balcony has a privacy screen facing west which results in no opportunity for overlooking from those rooms to neighbouring properties, and

·  a condition of consent is recommended for the deletion of the corner window (W23) of the guest bedroom to reduce overlooking opportunities to the southern proposed dwelling on Lot 12.

 

52.      It is also noted that the Georges River DCP 2020 has been adopted by council (to come into effect when the Georges River LEP 2020 is gazetted) and this control has been removed from the planning controls for dwelling houses.

 

Control

Standard

Proposed

Complies

1.2.2 Building Heights

 

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

 

Dwelling Type

Single dwelling;

 

Maximum Height

7.2m to the underside of the upper ceiling;

7.8m to the top of the parapet;

 

 

 

 

 

 

 

 

 

 

5.6m

 

7.8m

 

 

 

 

 

 

 

 

 

 

 

Yes

 

Yes

 

1.2.3 Rhythm of the Built Elements in the Streetscape

 

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

(2) The secondary building façade should be set back a minimum of 1.5 metres from the primary building façade.

 

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

The primary façade is articulated with openings and material changes and is a suitable response to the site with a half the site frontage being landscaped area with a depth between 5.5m and 18m.

 

 

The streetscape is characterised by a mix of pitched and parapet roofs. The proposed development incorporates a parapet design which is acceptable.

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

1.2.4 Building Setbacks

 

 

 

1.2.4.2 Front Setbacks

 

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

 

(i) the same distance as one or the other of the adjoining buildings, provided the difference between the setbacks of the two adjoining buildings is less than or equal to 2.0m (Figure 9); or

 

1.2.4.3 Side & Rear Setbacks

 

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

 

Rear Setback

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

 

Side Setbacks

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

 

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

 

 

The proposed ground floor has a setback of 5.5m to 18m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

15% equates to 5.1m.

Development is setback 3.2m (ground) – 6m (first)

 

 

 

West side setback

Ground floor: 1mm

First floor: 1.2m

 

 

 

East side setback

Ground floor: Min. 1m

First floor: 1.5m to 4.8m

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No – refer to comments below

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

Comment on rear setback non-compliance

53.      The ground floor has a setback of 3.2m to the outdoor lounge on the western side of the dwelling. The figure below shows the extent of the non-compliance.

 

Figure 6 – Area of non-compliance with rear setback control

 

54.      The objective of the rear setback control is that the setback should facilitate natural infiltration of stormwater and protect privacy to adjoining buildings.

 

55.      The variation to the control is not supported in this case as it relates to an outdoor lounge area on the ground level that will frequently be in use and is elevated above ground level, thus increasing the opportunity for overlooking of adjacent properties, particularly the dual occupancy proposed on Lot 13 of the approved subdivision (the assessment report for that application is also on the agenda of this Panel meeting).

 

56.      The reduction in size of the outdoor lounge will not significantly reduce the outdoor alfresco area available to the dwelling as it adjoins another outdoor deck located between the pool and the living areas of the ground floor. The figure below shows the area on non-compliance in relation to the adjacent outdoor deck.

 

57.      A condition of consent has been included that requires the design to be amended at Construction Certificate stage to comply with the 6m control.

 

Control

Standard

Proposed

Complies

1.2.5 Fenestration and External Materials

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

 

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

 

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

 

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

 

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

 

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

The proposed development is considered to be consistent with the modern design demonstrated throughout the immediate vicinity.

 

 

 

 

 

 

The proposed development includes one garage door approximately 6m.

 

The locality demonstrates both pitched and parapet roofs, the proposal is consistent with the streetscape.

 

The external facades of the proposed development are considered appropriate for the locality.

 

 

 

 

The proposed front façade does not exceed the maximum 35% glazing.

 

 

 

 

 

Although the proposal has one double garage door, the streetscape includes several examples of such garage doors.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

1.2.6 Street Edge

(1) New developments should provide front fencing that complements fencing within the streetscape.

 

(2) Fencing is to be consistent with the requirements of Section 4.2.

 

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

 

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

The proposed development provides sufficient front fencing to complement the streetscape.

 

Fencing is consistent with the Section 4.2 requirements.

 

 

No street trees were nominated for removal.

 

 

 

 

 

 

 

The proposed driveway does not result in the removal of any street trees.

Yes

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

1.3 Open Space

1.3 Open Space

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

 

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

 

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

 

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

 

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

147sqm or 21%.

 

 

 

The proposed development includes a satisfactory area for private open space.

 

 

 

 

The proposed private open space is appropriately located.

 

 

 

 

 

unnecessary hard surface areas are not proposed.

 

 

 

 

 

 

 

 

No street trees were nominated for removal.

Yes.

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

 

1.4 Vehicular access, parking and circulation

 

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

 

 

 

 

 

 (4) Crossings are to be positioned so that on-street parking and landscaping on the site are maximised, and removal or damage to existing street trees is avoided.

 

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

 

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

 

The proposed development is satisfactory having regard to Section B4 of the KDCP 2013.

 

2 car spaces required and have been provided.

 

The proposed vehicular crossing does not impact on existing on-street parking arrangements or landscaping.

 

 

 

The garage is setback with the primary façade.

 

The proposed development includes a driveway of 4m.

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

1.5 Privacy

1.5.1 Visual Privacy

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

 

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

 

(3) The area of balconies or terraces greater than 1.5m above ground level is limited to a cumulative total of 40m2 per dwelling.

 

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

Windows are suitable located (complying setbacks) and limited in number to neighbours.

 

 

 

Maximum 2m wide.

Privacy screens provided to side elevations where closer than 3m to side boundary between 1.5m and 2.3m)

 

 

 

 

 

 

 

 

The areas of balconies great than 1.5m above ground level do not exceed 40sqm.

 

 

 

 

The proposed development is considered to have been appropriately treated to prevent any privacy concerns.

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

1.6 Solar Access

 

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

 

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

The proposed private open space will receive the minimum 4 hours sunlight between 9am–3pm on 21 June.

 

 

 

 

The proposed development does not result in the neighbouring private open space areas or living room windows being overshadowed by more than 50% for at least 3 hours.

Yes

 

 

 

 

 

 

 

 

Yes.

1.7 Views and view sharing

 

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

The proposed development is not expected to impact any adjoining properties or public space access to view corridors.

 

 

 

 

 

 

 

Yes

4.2 Fences and Walls

4.2.1 Front Fences

(1) In cases where an applicant can demonstrate the need for a front fence higher than 1.4m, the maximum height of the fence must not exceed 1.8m.

 

(2) Fences over 1.4m must be setback 1.2m from the street alignment, except where Council considers a lesser distance is warranted due to the siting of the existing residence, levels or width of the allotment or exceptional circumstances of the site.

1.2m.

 

 

 

 

 

 

 

 

1.2m high.

 

Yes

 

 

 

 

 

 

 

 

Yes

4.6 Swimming pools, spas and enclosures

 

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

 

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

 

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

 

(7) 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 1m 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 complement the style of the swimming pool.

 

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

 

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

 

 

 

 

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

The proposed pool is located in the rear yard of the property.

 

 

Setback of waterline to boundary:

 

Side: 1m

Rear: 1.2m

 

 

 

 

 

The proposed pool is RL43.75, the same level as the outdoor deck on the ground floor. The existing ground level around the pool is around RL41.

 

 

 

 

 

 

 

 

The proposed development is not located on a steep site. The proposal for the pool is unsatisfactory.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The proposal does include fill between the pool and the boundary.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pool fencing is in accordance with the relevant Australian Standards have been proposed. If the application was to be supported a condition would be imposed accordingly.

 

Pool to comply with NCC and relevant Australian Standard.

Yes

 

 

 

 

No - Refer to discussion below

 

 

 

 

 

 

 

No - Refer to discussion below

 

 

 

 

 

 

 

 

 

 

 

 

 

No - Refer to discussion below

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No - Refer to discussion below

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

Discussion on proposed swimming pool

58.      The following was requested of the applicant, as part of the request for amended plans in council’s letter dated 12 February 2021:

 

“The swimming pool must be lowered to be as close to natural ground as possible. The current design elevates the pool above natural ground level and will have adverse impacts for privacy on neighbouring properties.”  

 

59.      The applicant responded with the following information:

 

 

60.      The sectional drawings referred to in the response, and the rear elevation plan, are reproduced below to assist in the consideration of potential impacts resulting from the height of the proposed pool:

 

Figure 7 – Section plan (pool on far side of terrace)

 

Figure 8 – Rear elevation

 

Figure 9 – Section plan on rear boundary

 

61.      The application fails to meet a number of DCP controls in relation to the proposed pool:

 

·    There is fill between the proposed pool and the southern site/rear boundary as shown in Figure 9,

·     The waterline of the pool is setback 1m to the side and 1.2m to the rear boundaries (the control is 1.5m);

·     The pool is not located at natural ground level, rather is elevated to meet the level of the outdoor deck level.

 

62.      These non-compliances result in adverse visual and acoustic privacy impacts for the proposed dwellings on Lot 12 and Lot 13. Subsequently the design of the pool will be required to be amended as follows:

 

·    The waterline must be setback 1.5m from the site boundaries, and

·    No fill is permitted between the pool and the site boundaries, and

·    The pool coping must not extend beyond 500mm above existing natural ground level.

 

63.      These design changes have been incorporated into the draft consent attached to this report. In order to meet these conditions, an inground pool rather than a wet-edge design may need to be explored.

 

Georges River Development Control Plan 2020

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

 

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

 

Interim Policy – Georges River Development Control Plan 2020

66.      Council at its Environment and Planning Committee Meeting dated 11 June 2019 resolved to adopt the Georges River Interim Policy DCP. 

 

67.      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 DCP 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).

 

68.      An assessment of the proposal has been carried out against the provisions of the Interim Policy as set out in the following table.

 

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

 

 

 

5.5m

 

5.5m

 

 

 

NA

 

 

 

Yes

 

Yes

 

 

 

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

3.2m to 6m

 

 

 

 

Consistent

No – refer to discussion in DCP table.

 

No – refer to discussion in DCP table.

 

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.

W – Min. 0.9m/1.2m

S - Min. 0.9m/1.2m

 

 

 

N/A

Yes

Yes

 

 

 

N/A

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

21%

 

 

 

 

N/A

 

 

 

 

Complies

 

 

 

 

46sqm

Yes

 

 

 

 

N/A

 

 

 

 

Yes

 

 

 

 

Yes

 

Private Open Space

 

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

 

a) has a minimum area of 30sqm

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

 

 

 

 

181sqm

 

20m x 8m

 

 

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 (eg 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. 

Basement storage is proposed, at grade parking is proposed.

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 9.00am and 3.00pm on 21 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 DCP.

 Yes

 

DEVELOPER CONTRIBUTIONS

69.      The proposed development would require payment of developer contributions under Section 7.12 of the Environmental Planning and Assessment Act 1979. If the development consent is granted a condition outlining the required contributions will be imposed.

 

IMPACTS

Natural Environment

70. 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. No trees are proposed for removal. The proposal has been reviewed by Council’s Consultant Arborist and is deemed acceptable subject to conditions.

 

71. The proposal includes excavation that has been assessed as being reasonable in the context of the site. 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

72. 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 R2 Low Density Residential zoning.

 

Social Impact

73.      No adverse social impacts have been identified as part of the assessment. The proposed development, in principle, will continue to provide housing in the area. The construction of a dwelling house on the site is consistent with the residential zoning of the land.

 

Economic Impact

74. There is no apparent adverse economic impact that is likely to result within the locality due to the construction of the dwelling. It is likely there will be a small positive economic impact as a result of the construction of the development.

 

Suitability of the site

75.      The site is zoned R2 – Low 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.

 

SUBMISSIONS AND THE PUBLIC INTEREST

76.      The application was neighbour notified in accordance with Kogarah DCP 2013 for a period of fourteen (14) days. Eleven (11) 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.

 

Issue

Comment

Loss of trees from the site

 

No trees are to be removed as part of this application.

 

A street tree is to be retained and a condition of consent imposed for an additional two streets and four site trees to be planted.

Non-compliance with 7.8m height control in the DCP

The proposed dwelling complies with the 7.8m height control of the DCP.

Non-compliance with 60% lot depth control

This non-compliance has been discussed in this report – refer to paragraphs 49 to 52 and is considered satisfactory.

Flat roof design does not reflect dominant built form in the area

There is no objection raised to the flat roof design, which is more commonly seen in new development in the area.

Traffic safety concerns

 

The proposed development will not impact on the capacity of the local road network.

 

The driveway and parking arrangement comply with Council’s controls and the relevant Australian Standards. The proposal is not considered to have an adverse impact on traffic safety.

No variation in building design of the four DAs

 

The dwelling house will present to Neville Street and is considered to have a good presentation to the street through the use of an articulated building form, landscaping and materials and finishes.

Overdevelopment of each lot akin to multi dwelling development

 

The development is for a dwelling house. The other DAs are for dual occupancy development. Both forms of development are permissible in the R2 Low Density Residential zone. Each application meets the relevant LEP height and FSR controls and are considered suitable outcomes for each site.

Plantings not all on the Oatley F&F Conservation Society’s native plant list

Council’s Consultant Arborist has reviewed the application and raised no concerns with the proposed plantings.

Non-compliance with side and rear setbacks

 

The ground and first floor levels both comply with the minimum side setback control of 1.2m.

 

The rear setback control is which ever is greater of 6m or 15% the length of the site (5.1m). The proposed dwelling is setback 3.2m on the ground level and 6m on the first floor.

 

A condition of consent has been included to amend the ground floor to comply with the 6m control.

Overshadowing of 62A Rosa Street

 

The extent of shadow cast by the proposal complies with the DCP control in that a minimum of 3 hours is provided to living area windows and private open space of adjoining properties.

 

The orientation of the surrounding properties is such that shadow is cast by the dwelling at No. 26 Neville St and the dwelling itself on No. 62A Rosa Street.

Insufficient landscaping provided

The proposal exceeds the minimum 15% of landscaped area required by the DCP.

Privacy impacts on neighbouring properties

 

The consent includes a condition for the ground level to be reduced in length to comply with the 6m rear setback control. Following this, the design of the dwelling incorporates design features to minimise overlooking, including limiting the number of side facing windows, privacy screening to the outdoor living area and first floor balcony.

 

In addition, living areas are oriented to the rear yard of the subject site and screen planting is proposed to reduce opportunity for overlooking to the proposed development on Lot 13 of the approved subdivision.

 

REFERRALS

Council Referrals

Development Engineer

77.      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.

 

Consultant Arborist

78.      No trees are proposed for removal as part of this application. Council’s Consultant Arborist has raised no objection to the proposed landscape plan for the site subject to conditions of consent, including the plating of two additional street trees and four site trees.

 

External Referrals

Ausgrid

79.      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.

 

CONCLUSION

80.      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 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 desired future character of development in the R2 zoned land in this location and immediate locality.

 

81.      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 LEP and DCP. The identified non-compliances with the DCP controls (height, rear setback, swimming pool and 60% lot depth) have been addressed in this report in the body of this report.

 

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

82.      The reasons for this recommendation are:

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

·      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

83.      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 DA2020/0390 for construction of a dwelling house and in-ground swimming pool, and tree removal on proposed Lot 11 of Lots 2 and 3 in DP4442 known as 24 Neville Street, Oatley, subject to the following conditions of consent:

 

Schedule 1

 

Deferred Commencement Conditions

 

A.   Deferred Commencement - Drainage - Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, this consent will not operate until such time as the following requirements are satisfied:

 

(a)        The Subdivision Certificate for DA2019/0365 must be registered with the NSW Land Registry Services. Evidence to this effect must be provided to Council in the form of a copy of the registered plan.

 

Documentary evidence as requested or the above information must be submitted within thirty six (36) months of the granting of this deferred commencement consent.  Commencement of the Consent cannot commence until written approval of the submitted information has been given by Council.

 

Subject to A. above being satisfied a development consent be issued, subject to the following conditions:

 

Schedule 2

 

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

Site Analysis Plan

DA.11.4

04.02.21

B

Brick Architects

Lot 11 – Ground Level Plan

DA.13.5

04.02.21

B

Brick Architects

Lot 11 – Upper Level Plan

DA.11.6

04.02.21

B

Brick Architects

Lot 11 – Basement Level Plan

DA.11.7

04.02.21

B

Brick Architects

Lot 11 – Elevations (1)

DA.11.8

04.02.21

B

Brick Architects

Lot 11 – Elevations (2)

DA.11.9

04.02.21

B

Brick Architects

Sections

DA.11.10

04.02.21

B

Brick Architects

BASIX

DA.11.12

-

-

Brick Architects

Materials and Finishes

DA.11.19

04.02.21

B

Brick Architects

Lot 11 – Construction Management

DA.11.22

04.02.21

B

Brick Architects

Lot 11 – Driveway Section

DA.11.23

04.02.21

B

Brick Architects

Stormwater Plans

Sheets 1-9

June 2020

D

Greenarrow

Landscape Plans

Sheets 1, 8 and 9

11.8.20

B

Paul Scrivener Landscape Architecture

 

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;