AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Thursday, 17 June 2021

Time:

4.00pm

Venue:

Council Chambers, Civic Centre, Hurstville

Panel Members:

Paul Vergotis (Chairperson)

Milan Marecic (Expert Panel Member)

Michael Leavey (Expert Panel Member)

Erin Sellers (Community Representative)

 

  

1. On Site Inspections

a)   206-214 Railway Parade Kogarah

b)   89-93 Railway Parade Mortdale

c)    31 Westbrook Street Beverly Hills

2. Opening

3. Consideration of Items and Verbal Submissions

LPP026-21        206-214 Railway Parade Kogarah – DA2020/0236

(Report by Senior Development Assessment Officer)

LPP027-21        89-93 Railway Parade Mortdale – DA2020/0375

(Report by Senior Development Assessment Officer)

LPP028-21        31 Westbrook Street Beverly Hills – REV2020/0030

(Report by Senior Development Assessment Planner)

4. LPP Deliberations in Session Closed

5. Confirmation of Minutes


Georges River Council – Local Planning Panel   Thursday, 17 June 2021

Page 0

 

 

 

 

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 17 June 2021

 

LPP Report No

LPP026-21

Development Application No

DA2020/0236

Site Address & Ward Locality

206-214 Railway Parade Kogarah

Kogarah Bay Ward

Proposed Development

Demolition works, lot consolidation, site preparation and construction of a twelve (12) storey mixed use development containing ground floor and first floor commercial floor space and 49 residential apartments above three (3) levels of basement containing 75 car spaces, level 1 and roof top communal open space, landscaping and site works

Owners

Kyser Pty Limited

Applicant

Novakog Pty Ltd ATF Novakog Trust

Planner/Architect

Planner: City Plan Architect: Fuse Architects

Date Of Lodgement

12/06/2020

Submissions

Twelve (12) submissions

Cost of Works

$18,570,935.00

Local Planning Panel Criteria

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

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

State Environmental Planning Policy No.65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017,

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment, State Environmental Planning Policy No.55 – Remediation of Land, State Environmental Planning Policy (Infrastructure) 2007, Draft Evironmental State Environmental Planning Policy, Draft State Environmental Planning Policy – Remediation of Land, Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013, Draft Georges River Local Environmental Plan 2020

Draft Design and Place State Environmental Planning Policy

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

Statement of Environmental Effects and Clause 4.6 Statement

Acosutic and Arborist Report

Site Investigation ad Remedial Action Plan

Traffic and Patrking Report

Report prepared by

Senior Development Assessment Officer

 

 

Recommendation

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

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

 

Yes - Clause 4.3 Height of buildings

Special Infrastructure Contributions

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

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, standard conditions have been attached which can be reviewed when the report is published.

 

Site Plan

Aerial photo – the subject site is outlined in blue

 

Executive Summary

Proposal

1.         Council received a development application (DA2020/0236) seeking consent for demolition works, site preparation and construction of a twelve storey (12) mixed use development in elevation comprising ground floor commercial floor space, 11 first floor serviced apartments and 49 residential apartments above four (4) levels of basement containing 86 car spaces, roof top communal open space, landscaping and site works.

 

2.         In response to the issues raised by Council and the consultant Urban Designer, resulted in the proposal being amended to include demolition works, lot consolidation, site preparation and construction of a twelve (12) storey mixed use development containing ground floor and first floor commercial floor space and 49 residential apartments above three (3) levels of basement containing 75 car spaces, level 1 and roof top communal open space, landscaping and site works.

 

3.         This assessment is based on these amended plans.

 

Site and Locality

4.         The subject development site is known as 206-214 Railway Parade, Kogarah.

 

The allotments and their legal description are noted below:

 

·    206 Railway Parade – Lot 23 DP 2013.

·    212 Railway Parade – Lot 24 DP 2013.

·    214 Railway Parade – Lot 25 DP 2013.

 

5.         The development site is a slightly irregular in shape with a 28.575m frontage to Railway Parade, a 36.575m secondary street frontage to Bowns Road, a western side boundary of 38.635m with a rear boundary width of 29.135m. It is located on the southern corner of the intersection of Railway Parade and Bowns Road. The site has a total area of 1,081.3sqm and has a fall from the southern corner to the northern corner of approximately 1.8m.

 

6.         Situated on the development site are three (3) commercial buildings and four (4) outbuildings. 206 Railway Parade contains a two storey building that is being used as a dance studio. 212 Railway Parade contains a single storey building that is being used by a tool and die making shop and 214 Railway Parade contains a single storey building currently being used as a gymnasium and personal training premises. A car park for the buildings is located at the rear, with access from Bowns Road.

 

7.         The site is located within the Kogarah Town Centre in the Railway Parade South Precinct. The intention of the controls in this precinct is to create a defined street wall to Railway Parade. The proposed development includes all the sites identified in the preferred amalgamation pattern.

 

State Environmental Planning Policies

8.         The proposal has been considered to be satisfactory in respect to the following policies which have been considered in respect to the application:

 

·     State Environmental Planning Policy No.55 – Remediation of Land.

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

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

·     State Environmental Planning Policy (Infrastructure) 2007.

·     State Regional Environmental Plan No 2 – Georges River Catchment.

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

·     Draft Environment State Environmental Planning Policy.

·     Draft Remediation of Land SEPP.

·     Draft Design and Place State Environmental Planning Policy.

 

Zoning and KLEP (2012) Compliance - LEP

9.         The site is zoned B4 Mixed use pursuant to the provisions of the Kogarah Local Environmental Plan 2012. The proposal satisfies the B4 zone objectives. The proposed mixed use development includes a number of uses including residential flat buildings, shop top housing and commercial premises which are all permitted uses within the zone. The application seeks an increase to the statutory height limit whereby the lift over run, fire stairs and associated services exceed the maximum permitted height.

 

10.      The application has been accompanied by Clause 4.6 - Exceptions to development standards requests for variations to Clause 4.3 – Height of buildings development standard.

 

Kogarah Development Control Plan 2013 (KDCP)

11.      The provisions of Kogarah Development Control Plan 2013 are applicable to the proposed development. The proposal is considered to be an acceptable urban design and planning outcome for the site and generally satisfies the applicable provisions contained within the KDCP.

 

Specific Precinct Requirements – Railway Parade South Precinct

12.      In addition to the general controls of KDCP, the Kogarah Town Centre DCP is relevant. The proposal is considered to reasonably satisfy the objectives of the Railway Parade South precinct controls which results in an appropriate built form in relation to the applicable planning controls.

 

13.      A detailed assessment of the proposal against these controls is provided later in this report.

 

Submissions

14.      The application was advertised for a period of twenty eight (28) days between 1 July 2020 and 29 July 2020 in accordance with the Kogarah Development Control Plan. Twelve (12) submissions were received.

 

Reason for referral to the Local Planning Panel

15.      This application is referred to the Georges River Local Planning Panel for consideration and determination in accordance with a s9.1 Environmental Planning and Assessment Act Ministerial Direction, as the proposal relates to a Residential Flat Building in which the provisions of State Environmental Planning Policy – Design Quality of Residential Flat Development is applicable.

 

Planning and Design Issues

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

 

17.      The application exceeds the overall height control of 39m. A Clause 4.6 Statement has been submitted seeking a variation to the statutory height control (Clause 4.3) of Kogarah Local Environmental Plan 2012 (KLEP). The Statement is comprehensive and generally justifies the non-compliance. This issue is discussed in greater detail in the body of this report.

 

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

 

Conclusion

19.      Having regard to the matters for consideration under section 4.15(1) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment, the proposed Development Application (DA2020/0236) is recommended for approval subject to the conditions referenced at the end of this report.

 

Report in Full

Description of Proposal

20.      Development consent is sought for demolition works, lot consolidation, remediation and construction of a twelve (12) storey shop top housing development containing commercial floor space on the ground and first floor and 49 apartments above three (3) levels of basement car park containing 75 car spaces, landscaping and site works.

 

A picture containing sky, outdoor, building, city

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Figure 1: Photomontage of the development as proposed to the corner of Railway Parade and Bowns Road (Source - Fuse Architects)

 

21.      A detailed breakdown of the proposed development is as follows:

 

Basement Level 03

-      Twenty six (26) residential car spaces including three (3) accessible spaces.

-      Fire stairs and lift access.

-      Twenty three (23) individual storage spaces.

-      Nine (9) bicycle spaces

-      General services.

 

Basement Level 02

-      Twenty six (26) residential car spaces including two (2) accessible spaces.

-      One (1) visitors/car wash bay.

-      Fire Stairs and lift access.

-      Fifteen (15) individual storage spaces.

-      General services

 

Basement Level 01

-      Sixteen (16) retail car parking spaces including one (1) accessible space.

-      Six (6) visitors car parking spaces including one (1) accessible space.

-      Fire hydrant and sprinkler pump rooms

-      Fire Stairs and lift access.

-      Storage.

-      Main switch room.

-      Communications room

-      Above ground grease traps.

-      General services.

 

Ground Floor Plan

-      Residential lobby entry including Fire Indicator Panel (FIP) and letter boxes.

-      287sqm of retail premises including commercial kitchen.

-      Public toilet facilities for retail premises including a separate accessible WC.

-      Communications and electrical cupboards in retail premises.

-      External awning to be constructed around the perimeter of the building at ground level.

-      Fire hydrant booster located on Bowns Road frontage.

-      Eight (8) bicycle spaces

-      Bulky waste storage area.

-      Commercial waste storage area adjacent to loading dock.

-      Residential waste room

-      Fire Stairs and lift access.

-      Vehicular access from Bowns Road.

-      Combined fire hydrant/fire sprinkler tank above ramp.

-      OSD tank

-      Loading dock.

-      Fire control centre.

-      Gas and water meters

-      Substation chamber.

 

Level 01

-      384sqm of commercial floor space.

-      Toilet facilities provided for commercial premises.

-      Residential and commercial communal open space.

-      Two (2) x 240litre bin storage room.

-      Car park exhaust and supply services.

-      Hot water services and water meter cupboards.

-      Stair pressurisation shaft.

-      Residential access to communal open space

-      Fire Stairs and separate commercial lift access.

-      External stairs providing access to Bowns Road.

-      Eight (8) bicycle spaces.

 

Level 02

-      Residential apartments comprising the following:

3 x 1 bedroom apartments.

3 x 2 bedroom apartments.

-      Open gallery with external stairs providing access throughout the building from the Level 01 communal open space to the rooftop communal open space.

-      Car park exhaust and supply services.

-      Water meter

-      Comms and electricity cupboards.

-      Fire Stairs and lift access.

-      Stair pressurisation shaft.

 

Level 03

-      Residential apartments comprising the following:

3 x 1 bedroom apartments.

3 x 2 bedroom apartments.

-      Open gallery with external stairs providing access throughout the building from the Level 01 communal open space to the rooftop communal open space.

-      Car park exhaust and supply services.

-      Water meter

-      Comms and electricity cupboards.

-      Fire stairs and lift access.

-      Stair pressurisation shaft.

-      Services

 

Level 04

-      Residential apartments comprising the following:

3 x 1 bedroom apartments.

3 x 2 bedroom apartments.

-      Open gallery with external stairs providing access throughout the building from the Level 01 communal open space to the rooftop communal open space.

-      Car park exhaust and supply services.

-      Water meter

-      Comms and electricity cupboards.

-      Fire stairs and lift access.

-      Stair pressurisation shaft.

-      Services

 

Level 05

-      Residential apartments comprising the following:

5 x 2 bedroom apartments one being an accessible room.

-      Open gallery with external stairs providing access throughout the building from the Level 01 communal open space to the rooftop communal open space.

-      Car park exhaust and supply services.

-      Water meter

-      Comms and electricity cupboards.

-      Fire Stairs and lift access.

-      Stair pressurisation shaft.

-      Services

 

Level 06

-      Residential apartments comprising the following:

5 x 2 bedroom apartments one being an accessible room.

-      Open gallery with external stairs providing access throughout the building from the Level 01 communal open space to the rooftop communal open space.

-      Car park exhaust and supply services.

-      Water meter

-      Comms and electricity cupboards.

-      Fire stairs and lift access.

-      Stair pressurisation shaft.

-      Services

 

Level 07

-      Residential apartments comprising the following:

1 x 1 bedroom apartment

4 x 2 bedroom apartments.

-      Open gallery with external stairs providing access throughout the building from the Level 01 communal open space to the rooftop communal open space.

-      Car park exhaust and supply services.

-      Water meter

-      Comms and electricity cupboards.

-      Fire stairs and lift access.

-      Stair pressurisation shaft.

-      Services

 

Level 08

-      Residential apartments comprising the following:

3 x 2 bedroom apartments

1 x 3 bedroom dual key apartment (which includes 1 x studio apartment and 1 x 2 bedroom apartment).

-      Open gallery with external stairs providing access throughout the building from the Level 01 communal open space to the rooftop communal open space.

-      Car park exhaust and supply services.

-      Water meter

-      Comms and electricity cupboards.

-      Fire stairs and lift access.

-      Stair pressurisation shaft.

-      Services

 

Level 09

-      Residential apartments comprising the following:

3 x 2 bedroom apartments.

1 x 3 bedroom dual key apartment (which includes 1 x studio apartment and 1 x 2 bedroom apartment)

-      Open gallery with external stairs providing access throughout the building from the Level 01 communal open space to the rooftop communal open space.

-      Car park exhaust and supply services.

-      Water meter

-      Comms and electricity cupboards.

-      Fire stairs and lift access.

-      Stair pressurisation shaft.

-      Services

 

Level 10

-      Residential apartments comprising the following:

2 x 2 bedroom apartments.

1 x 3 bedroom apartment

-      Open gallery with external stairs providing access throughout the building from the Level 01 communal open space to the rooftop communal open space.

-      Car park exhaust and supply services.

-      Water meter

-      Comms and electricity cupboards.

-      Fire stairs and lift access.

-      Stair pressurisation shaft.

-      Services

 

Level 11

-      Residential apartments comprising the following:

2 x 2 bedroom apartments.

1 x 3 bedroom apartment

-      Open gallery with external stairs providing access throughout the building from the Level 01 communal open space to the rooftop communal open space.

-      Car park exhaust and supply services.

-      Water meter

-      Comms and electricity cupboards.

-      Fire stairs and lift access.

-      Stair pressurisation shaft.

-      Services

 

Level 12

-      Roof top communal open space comprising the following:

Fire stairs and lift over run.

Lobby area with awning covering lobby and BBQ area

Accessible WC.

Plant room

Water tank

Tables and seating.

 

Development Summary

22.      A numerical summary of the proposed development is provided as follows:

 

Element

Proposal

Height

·    42.1m

Levels

·    Twelve (12) storeys

Apartments

49 residential apartments comprised as follows:

·    2 x studio apartments.

·    10 x 1 bedroom apartments (21.3%).

·    35 x 2 bedroom apartments (70.2%).

·    2 x 3 bedroom apartments (8.5%).

Note There are two (2) x three (3) bedroom dual key apartments which contain a studio and a two (2) bedroom apartment. The ADG requires that for the purpose of unit mix these units are treated as separate sole occupancy units.

Commercial floor area

·    Ground floor - 287sqm

·    First floor - 384sqm

Total of 671sqm.

Car parking spaces

75 car parking spaces comprising the following:

·    52 Residential spaces including five (5) accessible spaces.

·    16 Retail spaces including one (1) accessible space.

·    7 visitors spaces (including one (1) car wash bay/visitors space and one accessible space)

Bicycle parking spaces

(25 bicycle spaces are required as follows:

4 commercial required

16 residential required

5 visitors required)

Communal open space

618sqm (57%)

Solar access for apartments

98% - 2 hours between 9am -3pm

(46 out of 47 apartments)

Cross ventilation for apartments

100% of units provide cross ventilation in the first nine storeys.

 

Background

23.      A pre-lodgement meeting was held on 26 March 202. The key issues identified were as follows:

 

·    Design quality principles;

·    Floor space ratio and building height;

·    Bulk & scale and overshadowing;

·    Railway Parade South controls;

·    Building entry & way finding;

·    Visual & acoustic privacy;

·    Landscaping and communal open space;

·    Waste management;

·    Active street frontage and balcony treatment;

·    Heritage; and

·    Housing choice and flexibility.

 

24.      A formal letter was sent to the applicant on 1 May 2020 with specific details and requirements.

 

25.      DA2020/0236 (subject application) was lodged to Council on 10 September 2020 seeking development consent for demolition works, site preparation and construction of a twelve storey (12) mixed use development in elevation comprising containing ground floor commercial floor space, 11 first floor serviced apartments and 49 residential apartments above four (4) levels of basement containing 86 car spaces, roof top communal open space, landscaping and site works.

 

26.      A Request for further information was sent to the applicant on 13 November 2020 to address a number of issues including Urban Design, Building Height, floor space, traffic and parking, waste management, landscaping requirements, additional details and clarification of information and a Detailed Site Investigation (DSI) report required to address the requirements of SEPP 55. A Remedial Action Plan (RAP) may be required depending on the outcome of the DSI.

 

27.      Based on the outcomes of the request from Council for additional information, a number of issues were raised and have been considered by the applicant which resulted in the lodgement of amended plans and documentation. Amended plans now seek development consent for demolition works, site preparation and construction of a twelve (12) storey mixed use development containing ground floor and first floor commercial floor space and 49 residential apartments above three (3) levels of basement containing 75 car spaces, level 1 and roof top communal open space, landscaping and site works.

 

Site and Locality

28.      The subject development site is known as 206 – 214 Railway Parade, Kogarah. The allotments and their legal descriptions are noted below:

 

·    206 Railway Parade – Lot 23 DP 2013.

·    212 Railway Parade – Lot 24 DP 2013.

·    214 Railway Parade – Lot 25 DP 2013.

 

Aerial view of a city

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Figure 2: Aerial view of subject site outlined in blue (Source: Intramaps 2021)

 

29.      It is a slightly irregular shaped allotment with a 28.575m frontage to Railway Parade, a 36.575m secondary street frontage to Bowns Road, a western side boundary of 38.635m with a rear boundary width of 29.135m. It is located on the southern corner of the intersection of Railway Parade and Bowns Road. The site has a total area of 1,081.3sqm and has a cross fall of approximately 1.8m from the southern to northern corner of the site.

 

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Figure 3: Subject site as viewed from Railway Parade looking south

 

30.      Situated on the development site are three (3) commercial buildings and four (4) outbuildings. 206 Railway Parade contains a two storey building that is being used as a dance studio. 212 Railway Parade contains a single storey building that is being used by a tool and die making shop and 214 Railway Parade contains a single storey building currently being used as a gymnasium and personal training premises.

 

31.      The site is located within the Kogarah Town Centre in the Railway Parade South Precinct. The intention of the controls in this precinct is to create a defined street wall to Railway Parade. The proposed development includes all the sites identified in the preferred amalgamation pattern.

 

32.      The subject site is bounded by Railway Parade to the north and Bowns Road to the east. The site is approximately 550m north of Carlton railway station and 600 metres south of Kogarah railway station and Kogarah CBD.

 

33.      A car park for the buildings is located at the rear with access from Bowns Road.

 

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Figure 4: Existing car park for the subject site commercial uses.

 

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Figure 5: View of the site along Railway Parade.

 

Surrounding Development

34.      The subject development site is being transformed from lower scale commercial developments to a high density mixed use development. This is as a result of the recent uplift in density and height.

 

35.      To the north east on the opposite side of Bowns Road is 200-204 railway Parade. The site is currently occupied by a two storey heritage listed commercial building being used as a food premises, music school and dog salon. Further to the north east along Railway Parade are two storey commercial and light industrial premises.

 

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Figure 6: Existing heritage building located at 200-204 Railway Parade

 

36.      To the east on the opposite side of Bowns Road are 2 and 4 Bowns Road. 2 Bowns Road is occupied by a two storey apartment building and 4 Bowns Road a two storey dwelling house.

 

37.      To the south of the site adjoining the subject development site is 1- 7 Bowns Road, which is currently occupied by four (4) single dwelling houses. A development consent was issued in August 2019 for the demolition of all dwellngs and construction of a six storey residential flat building containing 55 apartments and two levels of basement car parking.

 

38.      The subject site is located within an area that is zoned B4 Mixed Use. To the south from 1 Bowns Road to Bellevue Street the adjoining zone is R3 Medium Density Residential. A further transition to R2 Low Density Residential continues further south towards the Princes Highway where the buildings fronting the Princes Highway are zone R3 Medium Density Residential.

 

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Figure 7: Existing building located at 1 Bowns Road, Kogarah.

 

Cars parked on the side of a road in front of a building

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Figure 8: Adjoining building at 218-222 Railway Parde in the background as viewed from Bowns Road.

 

39.      Adjoining the site to the west is 218-222 Railway Parade, which contains a new ten (10) storey mixed use building which contains 45 apartments and a ground floor retail tenancy. The building has a north south orientation with no windows on the north east elevation.

 

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Figure 9: Existing building at No 218-222 Railway Parade as viewed from Railway Parade.

 

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Figure 10: Slip Road which connects to the tunnel that passes under the rail corridor.

 

40.      To the north of the site across Railway Parade is the Eastern Suburbs and Illawarra Railway line. On the northern side of Railway Parade is a slip road which connects with a tunnel that passes under the railway corridor and provides vehicular access to the north.

 

Compliance and Assessment

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

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

 

State Environmental Planning Policy

Complies

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

Yes

State Environmental Policy No 65 – Design Quality of Residential Flat Buildings (SEPP 65)

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

42.      The primary relevant aims and objectives of this plan are:

 

·      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,

 

43.      The stormwater design was referred to Council’s Development Engineer for review. The disposal of stormwater is considered to be consistent with the Council requirements for the disposal of stormwater in the catchment.

 

44.      In summary, the proposal is consistent with the aims, objectives or purpose of the Regional Plan if effected in accordance with the recommended conditions of consent.

 

State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP)

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

 

Clause 86 – Excavation in, above, below or adjacent to rail corridors

46.      Clause 86 relates to proposed excavation works adjacent to rail corridors. Clause 86 sates the following:

 

(1) This clause applies to development (other than development to which clause 88 applies) that involves the penetration of ground to a depth of at least 2m below ground level (existing) on land—

(a)     within, below or above a rail corridor, or

(b)     within 25m (measured horizontally) of a rail corridor, or

(b1)   within 25m (measured horizontally) of the ground directly below a rail corridor, or

(c)     within 25m (measured horizontally) of the ground directly above an underground rail corridor.

 

47.      The proposal has been referred to Sydney trains and they have reviewed the proposal and provided their concurrence subject to condition of development provided which have bene included in the consent conditions.

 

Clause 87 Impact of rail nose or vibration on no rail development

48.      Clause 87 states the following:

 

(1) This clause applies to development for any of the following purposes that is on land in or adjacent to a rail corridor and that the consent authority considers is likely to be adversely affected by rail noise or vibration—

(a)     residential accommodation,

(b)     a place of public worship,

(c)     a hospital,

(d)     an educational establishment or centre-based child care facility.

(2) Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines that are issued by the Secretary for the purposes of this clause and published in the Gazette.

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

(a)     in any bedroom in the residential accommodation—35 dB(A) at any time between 10.00 pm and 7.00 am,

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

 

49.      The application was submitted with an acoustic report that has addressed the above and indicated that compliance can be achieved subject to compliance with the recommendations of the report.

 

State Environmental Planning Policy No.55 – Remediation of Land (SEPP 55)

50.      State Environmental Planning Policy No. 55 - Remediation of Land applies to all land and aims to provide for a State-wide planning approach to the remediation of contaminated land.

 

51.      Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to carrying out of any development on that land and if the land is contaminated, it is satisfied that the land is suitable in its current state or will be suitable after remediation for the purpose for which the development is proposed to be carried out.

 

52.      A Preliminary site investigation was undertaken by eiaustralia with the key findings of the PSI as follows:

 

·    The site covered a total area of 1081.3sqm and was comprised of three commercial properties with car parking spaces at grade (206-208 Railway Parade (Lot 23 in DP 2013), 210-212 Railway Parade (Lot 24 in DP 2013) and 214 Railway Parade (Lot 25 in DP 2013). At the time of this PSI, the buildings were being used as a dance studio, a tool machine shop and a fitness studio.

·    Review of historical information indicated that 210-212 Railway Parade had been used for residential purposes until 1965 (at least), after which a new (commercial) building was constructed. 206-208 and 214 Railway Parade had continuously been commercial properties since 1930 (at least), until the present time.

·    The on-site commercial activities included a dance studio, auction house, sale of baby products, injection moulding, spray painting and panel beating, tool machine shop (manufacture), automotive engine reconditioning, sale of pre packaged foods and a fitness studio. Safework NSW records indicated that an underground storage tank (UST; 10,000L) was installed on 206-208 Railway Parade, the occupant at that time being King Bros Engine Reconditioning Pty Ltd.

·    Visual evidence of gross contamination was not observed on any part of the site.

·    Surrounding land uses were largely unchanged since 1930, consisting of residential and commercial properties, with railway lines to the northwest of the site.

·    The site and neighbouring properties were free of statutory notices and licensing agreements issued under the Contaminated Land Management Act 1997 and Protection of the Environment Operations Act 1997. The site was not included on the List of NSW Contaminated Sites Notified to the EPA.

·    The conceptual site model (CSM) identified a medium contamination risk for the site, mainly associated with the previous on-site commercial activities, the UST and the importation of filling from unknown origin(s). 

 

Conclusion

53.      Based on the findings of this PSI, conducted in accordance with the scope agreed with the client and EI’s Statement of Limitations (Section 8) there was potential for contamination to exist on the site. A detailed (Phase 2) investigation was therefore required, to further characterise the soils and groundwater at the site and determine suitability of the land for residential use.

 

54.      Following this a site investigation was undertaken and Remedial Action Plan (RAP) was prepared by Canopy Enterprises. As part of this report a Remediation Action Plan (RAP) was developed in accordance with the relevant regulatory requirements to address the identified contention issues and render the site suitable for the proposed land use.

 

55.      This investigation has been undertaken in consideration of and deference to the relevant guidelines and regulatory documents as presented in Section 7 (among others), with a regard for the project and site specific circumstances. In particular the Contaminated Sites: Guidelines for Consultants Reporting on Contaminated Sites (EPA 2020) (Reporting Guidelines) and SEPP 55.

 

56.      Based on the available data presented in this Report and subject to the recommendations as stated in SI-RAP herein and actions being satisfactorily implemented, it is Canopy’s opinion in alignment with Clause 7 (1) (c) of SEPP 55, that contamination at the Site is not present at levels that would preclude the Site from being made suitable for the proposed land use.

 

57.      The application is accompanied by a Remediation Action Plan prepared by Canopy Enterprises. The report concluded that the site can be made suitable for the intended land use subject to appropriate remediation in accordance with the RAP and SEPP 55. The application was assessed by Council’s delegate and was supported subject to specific conditions.

 

58.      The full suite of findings and conclusions and recommendations are outlined in Section 11 respectively, however the salient points can be summarised as follows:

 

1.    The site is located in a mixed commercial and residential area, with a size of approximately 1,081sqm;

2.    The site history can reasonably be summarised as a block of land that has been used mainly for commercial and industrial uses since the mid of the beginning of the 20th century.

3.    No stress was observed in the vegetation and no surface staining or olfactory evidence of contamination was encountered. Boiler ash and slag material ubiquitous to the general area was observed to be present in fill material in some samples;

4.    No groundwater was encountered as part of the investigation (maximum depth reached was 0.8 m bgl);

5.    The standing water level in a well installed as part of a previous geotechnical investigation was measured to be at 5.23 mbgl;

6.    A sample obtained from the groundwater was free of contaminants of concern;

7.    Groundwater is considered to be unlikely to be impacted by contamination present at the site’s subsurface;

8.    Four boreholes were drilled across the Site as part of the investigation’s sampling program, with a total of three soil samples submitted to the laboratory and analysed for a broad range of contaminants;

9.    A fill layer was present to a depth of approximately 0.6 to 0.8 m below ground level (bgl) in the shallow subsurface in the two borings in the southern (accessible) portion of the Site; This fill layer was underlain by dark weathered sandstone;

10. No visual or olfactory evidence for contamination was noticed in any of the samples other than the presence of possible ash and slag material;

11. Concentrations of all Contaminants of Potential Concern in all samples were below the Health Investigation Levels for residential land use with minimal soil access (HIL-B);

12. It is recommended that:

·          The remaining data gaps outlined in Section 9.1.3 are closed via the

implementation of the attached Remediation Action Plan (RAP); and

·          A validation report is prepared outlining the results of the works undertaken during the implementation of the RAP; and

13. Subject to the satisfactory implementation of the Remedial Action Plan during the preconstruction phase as outlined herein, it is considered the Site will be suitable for the proposed land use.

 

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

59.      Regulations under the Act have established a scheme to encourage sustainable residential development (the BASIX scheme) under which:

 

(a) an application for a development consent, complying development certificate or construction certificate in relation to certain kinds of residential development must be accompanied by a list of commitments by the applicant as to the manner in which the development will be carried out, and

(b) the carrying out of residential development pursuant to the resulting development consent, complying development certificate or construction certificate will be subject to a condition requiring such commitments to be fulfilled.

(2) The aim of this Policy is to ensure consistency in the implementation of the BASIX scheme throughout the State.

(3) This Policy achieves its aim by overriding provisions of other environmental planning instruments and development control plans that would otherwise add to, subtract from or modify any obligations arising under the BASIX scheme.

 

60.      A BASIX Certificate prepared by Credwell Energy, dated 3 June 2021, certificate number 1099981M_03, has been submitted with the Development Application satisfying the minimum requirements of SEPP (Building Sustainability Index: BASIX) 2004.

 

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

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

 

62.      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).

 

63.      The objectives of the SEPP are to protect the biodiversity values of trees and other vegetation in non-rural areas and preserve the amenity of non-rural areas through the preservation of trees and other vegetation. This policy is applicable pursuant to Clause 5(1) of the SEPP as the site is within both Georges River Council and the SP2 Infrastructure zone.

 

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

 

65.      Three (3) trees are nominated to be removed as part of the works. The application was referred to Council’s Consultant Arborist who concurred with the findings of the applicants Arborist Report and supported the tree removal subject to replacement planting of trees and site landscaping in accordance with the landscape plan provided. In addition, two (2) of these trees were required to be valued under the Thyer method of tree valuation. This has been completed and reviewed by Council’s Consultant Arborist and has been included within the conditions of consent as requiring to be paid prior to the issues of the Construction Certificate.

 

66.      Council’s Consultant arborist has reviewed all the relevant documentation and plans and has concurred with the proposed landscaping outcome.

 

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

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

 

68.      Clause 28(2) of State Environmental Planning Policy 65 requires that the consent authority take into consideration the following as part of the determination of DAs to which State Environmental Planning Policy 65 applies:

 

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

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

c)    the Apartment Design Guide.

 

69.      The application has been reviewed having regard to the criterion and design principles as set out in the ADG.

 

70.      The tables below provide a comprehensive assessment against the principles, objectives and controls of State Environmental Planning Policy No 65 and the ADG.

 

Table - Application of State Environmental Planning Policy 65

Clause

Standard

Proposal

Complies

3. Definitions

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

Section 4 (1) (Application of Policy) of the State Environmental Planning Policy 65 states that the policy “applies to development for the purpose of a residential flat building, shop top housing or mixed use development with a residential accommodation component if:

(a)   the development consists of any of the following:

(i)   the erection of a new building,

(ii)  the substantial redevelopment or the substantial refurbishment of an existing building,

(iii) the conversion of an existing building, and

(b)   the building concerned is at least 3 or more storeys (not including levels below ground level (existing) or levels that are less than 1.2 metres above ground level (existing) that provide for car parking), and

(c)   the building concerned contains at least 4 or more dwellings.”

Complies with definition.

 

The proposal is for the construction of a mixed use twelve (12) storey building with three levels of basement.

Yes

4. Application of Policy

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

 

The definition of an RFB in the State Environmental Planning Policy includes mixed use developments.

The development proposes the construction of a new shop top housing development, which satisfies the definition of the policy.

Yes

Clause 50 - Development Applications

(E P & A Regulation 2000)

Design verification statement provided by qualified designer.

 

Registered Architect Name and Registration No.

Design Verification Statement provided by Registered Architect Rachid Andary (Nominated Architect No.8627).

Yes

 

71.      A design verification statement has been provided by Rachid Andary (Registration No 8627) of Fuse Architects in accordance with Clause 50 of the Environmental Planning and Assessment Regulation 2000.

 

72.      The application was referred to an Independent Urban Design and Architecture Consultancy, GM Urban Design and Architecture (GMU) to carry out an assessment of the proposal against the provisions of SEPP 65 and the ADG. An assessment of the proposal has been undertaken taking into consideration the design quality of the development. Those comments are provided below:

 

“The key issues relate to built form, streetscape character and amenity impacts as summarised in the comments below:

 

·    The bulk and scale of the proposed development is considered excessive, exceeding the scale of adjoining development. The site is constrained, being located on the visually prominent corner with a zone interface to the south and therefore requires a responsive built form to ensure harmonious streetscape proportions and good amenity outcomes. We also note the local heritage item located to the east at the corner of Railway Parade and Bowns Street which, subject to input from Council’s heritage officer, may also need to be considered.

 

·    The proposal is taller than nearby development along Railway Parade. The scale is inconsistent with the existing streetscape both in terms of height in meters and the number of storeys. The upper penthouse level as seen in the northern elevation (DA 202) has a greater floor to floor height of approximately 4m, resulting in an overall building height of 42.3m which is in breach of the existing height control applying to the subject site. The proposed built form is 1-2 levels taller than the next door development (Nos. 216-222 Railway Parade) and exceeds the current control by approximately 3.3m. More appropriate streetscape proportions would be achieved by deleting Level 11 and relocating the penthouse level to Level 10. This would assist in reducing the overall building scale and reduce visual prominence by providing a scale closer to the neighbouring development to the west.

 

·    The built form lacks a clear distinction between the base and top of the building, contrary to ADG objectives (4M-1), presenting with bulky proportions. The proposal attempts to align with the horizontal elements in the podium of the adjacent property to the west fronting Railway Parade. However, improved built form proportions would be achieved by wrapping the horizontal element around the corner, continuing along the Bowns Road frontage. A change in texture and materiality to the podium will further assist in defining the base of the building in response to the pedestrian interface.

 

·    The recent developments to the west of the site along Railway Parade incorporate streetwall elements and a secondary setback above, creating a built form ‘waist’ which articulates the tower form as a separate element to the streetwall. We recommend the proposal be amended to provide a streetwall for the lower three levels, as a consistent response to a more human scale along the pedestrian environment. The streetwall should integrate vertical articulation in response to the width of the traditional shopfronts and to the recent development to the west which incorporates streetwalls articulated as ‘bays’.

 

·    The driveway and the stairway to Level 1 extend to the edge of the southern boundary as seen in the ground floor plan (DA 105). A 3m setback is sought by the KDCP and should be provided in response to the zone interface. The setback would allow for landscaping opportunities to complement and enhance the existing residential streetscape character along Bowns Road.

 

·    We note that the proposal provides a stepped form to the southern interface, transitioning to the adjoining R3 zone. The ziggurat form does not respond well to the corner location, adding visual bulk. A simplified built form transition should be provided to the zone interface to avoid visual dominance. The proposal should be amended to meet ADG (2F) guidelines for minimum building separation. A reduction in the number of ‘steps’ would improve the built form profile to Railway Parade and Bowns Road. These adjustments to the form could successfully be integrated with a streetwall component, further to previous comments.

 

·    An open corridor concept is proposed for Levels 2-12. This arrangement is not supported as it could result in visual and acoustic impacts to the adjacent properties. The circulation areas add to the visual bulk and we note that the proposal results in an FSR exceedance of 0.2:1 (approximately 266 sqm), excluding the open corridors. We recommend the corridors be enclosed within the building envelope to improve residential amenity and minimise adverse impacts. The layouts should be adjusted to remove reliance on the corridor for ventilation as it would result in privacy impacts.

 

·    According to the ground floor plan (DA 105) the proposed retail suite is further inset from the required 2m setback as per the KDCP. To make the podium form more pronounced and to maximise activation to Railway Parade, the building line should be brought further forward at the ground floor level to align with the setback line. The streetwall proportion should respond to the existing alignment of the streetwall established along Railway Parade as well as to the heritage item located on No. 200 Railway Parade. Subject to heritage advice, the facade articulation may also need to reference key datum lines of the heritage item on the opposite corner.

 

·    Due to the topography of the area and the curvilinear arrangement of Railway Parade, the subject site is visible from a number of vantage points. As seen in the western elevation (DA 203), blank walls are exposed at the top two levels beyond the alignment of the adjacent development at Nos. 216-222 Railway Parade. These will be visible to the public domain including perpendicular streets  (Blake Street). Due to the recent development at Nos. 216-222 Railway Parade, the blank wall is likely to be exposed for the mid- to longterm future, detracting from the visual character of the area. The depth of the building footprint at the upper levels (from levels 2-12) extends beyond the alignment established by No 216-222 Railway Parade, exposing the blank walls. The outcome would result in adverse visual impacts to surrounding streets and pending the orientation of habitable rooms within the neighbouring development, it may also adversely impact residential amenity. A reduction in the depth of the building footprint in this location (unit 201 and other units in a similar location on the levels above) to align with the building line of the adjacent development would provide an improved outcome.

 

·    The serviced apartments on Level 1, along the western boundary (namely 1111, 1101, 1109 and 1110 (DA 106) include bedrooms without windows which is not supported.

 

·    Levels 2-4 include a number of study areas with windows orientated to the open corridor. These areas could easily be converted into habitable rooms with no windows. The arrangement is not supported as it fails to meet ADG guidelines (4F-1) and would compromise residential privacy and security issues resulting from windows orientated to the common circulation area.

 

·    The layout and arrangement of balconies fronting Railway Parade may result in overlooking and privacy impact to balconies of the adjoining units. The layouts should be reconfigured to prevent privacy impact.

 

·    The location of the communal open space on Level 2 (DA 107) above the podium level adjoins the southern boundary and may result in adverse privacy impact to the adjacent residential development at Nos. 1-7 Bowns Road. A 3m setback along the southern boundary would reduce the potential for overlooking.

 

·    According to the SEE (prepared by City Plan dated May 2020), the unit sizes meet ADG guidelines but fail to satisfy KDCP (Clause 4.13). We note that the unit sizes and room depth are not appropriately annotated.

 

·    The building setback to the southern boundary is not sufficiently annotated on the architectural plans.”

 

73.      The plans have been amended and addressed a number of the above concerns raised. The amended scheme is considered to be an appropriate urban design outcome for the subject development site given the development controls permitted.

 

74.      Clause 28 of SEPP 65 requires the consent authority to take into consideration the provisions of the Apartment Design Code. The table below assesses the proposal against these provisions.

 

Table - Design considerations of Part 3 and Part 4 of the Apartment Design Guide (ADG)

Clause

Standard

Proposal

Complies

3D - Communal open space

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

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

 

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

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

• provide larger balconies or increased private open space for apartments

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

 

618sqm (57%)

(Includes 293sqm of communal open space on level 01 and 325sqm of communal open space on the roof top)

Yes

Numerically compliant.

 

The roof top communal open space will achieve a minimum of 2 hours (or more) of solar access throughout the day in midwinter.

 

2. Developments achieve a minimum of 50% direct

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

Complies

The roof top communal open space will achieve a minimum of 2 hours (or more) of solar access throughout the day in midwinter.

3E – Deep Soil zones

 

 

1. Deep soil zones are to meet the following minimum

requirements:

 

Where the site has an area of between 650sqm – 1,500sqm = 3m min dimension

 

Min deep soil area of 7% (75.69sqm)

Nil proposed

No, however acceptable.

The provision of the deep soil zone is limited by the footprint of the basement that is required to cater for the parking for the development.

 

Landscaping is provided at street level and within the Level 01 communal open space area together with the rooftop communal open space area. This area includes planting of trees and generous vegetation planting. Overall, the landscaping proposed provides good amenity for future users of this space.

3F- Visual Privacy

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

 

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

 

Up to 12m (4 storeys)

Habitable - 6m

Non-habitable – 3m

 

Up to 25m (5-8 storeys)

Habitable – 9m

Non-habitable – 4.5m

 

Over 25m (9+ storeys)

Habitable - 12m

Non habitable – 6m

Apartment privacy has been coordinated throughout the proposals to balance use, solar access and cross ventilation as well as communal open space.

 

The rear setback of the building to the south eastern boundary varies from between 3m to 14.9m. The rear setbacks are as follows:

 

Rear setbacks:

Level 02-03 – 3m to 14.93m

Level 04 – 07 – 3m to 14.9m

Level 08- 4.59 – 14.93m

Level 09 – 5.95m to 14.9m

Level 10- 10m to 14.9m

Level 11 - 12.99m to 14.9m

 

The use of blank walls ensures privacy is maintained along the south western boundary. This blank wall aligns with the existing blank wall of the adjoining property at No 218-222 Railway Parade.

 

Setbacks and separation distances to the street frontages of the site are dictated by the Kogarah DCP.

No, however considered acceptable see discussion below.

Comment on Separation Distances (3F Visual Privacy)

South eastern boundary (Rear boundary) – The apartments located at the rear of the building on levels 02 to level 07 are setback between 3m and 14.93m to the boundary. On Levels 02, 03 and 04, it is only the windows of the studies of apartments 206, 306 and 406 which fail to provide the 6m separation. It is noted that these windows contain translucent glass to minimise any impacts associated with privacy.

 

In addition, the balconies of apartments 206, 306, 406, 506 and 606, which have frontage to Bowns Road are located 3m from the boundary. To maintain privacy it is required that a privacy screen be provided to the south eastern side of the balconies.

 

Apartment 704 on level 07, although still only setback 3m, a planter box separates the balcony from the rear boundary to ensure privacy will be afforded between properties.

 

Apartment 804 on Level 08, the planer box is setback 4.59m with the balcony located 6.1m from the rear boundary; once again ensuring privacy is maintained between the properties through the planter box and associated screen planting.

 

Apartment 904 on Level 09, the planer box is setback 5.95m with the balcony located 7.46m from the rear boundary; once again ensuring privacy is maintained between the properties through the planter box and associated screen planting.

 

Apartment 1003 on Level 10, the planer box is setback 10m with the balcony located 11.55m from the rear boundary; once again ensuring privacy is maintained between properties through the planter box and associated screen planting.

 

Apartment 1103 on Level 11 is fully compliant with the separation distances of the ADG providing a setback of 12.99m to the front of the planter box.

 

All other apartments are setback 14.9m from the rear boundary meeting the minimum separation requirements of the ADG.

 

South western side boundary - The proposed development contains blank walls and will align with the blank wall of the adjoining building. No separation is required between blank walls and compliance has been achieved.

 

The amended plans submitted provide adequate separation distances between neighbouring sites to ensure reasonable privacy is achieved

3G – Pedestrian Access and entries

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

 

Multiple entries (including communal building entries

and individual ground floor entries) should be provided to activate the street edge

Residential apartments and the commercial premises are accessed via Railway Parade, with vehicular access from Bowns Road.

The streetscape is activated by the commercial premises which has frontage to both Bowns Road and Railway Parade.

Yes

3H-Vehicle Access

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

The vehicular access point is located off Bowns Road

Yes

3J-Bicycle and car parking

For development in the following locations:

 

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

 

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

 

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

Developments (RMS), or the car parking requirement prescribed by the relevant council, whichever is less.

 

In accordance with Section 5.4.3 (High Density Residential Flat Buildings) of the RMS Traffic Generating Guidelines. The site is located within the “Metropolitan Regional (CBD) Centres” and the following provisions apply;

 

0.4 spaces per 1 bedroom unit

0.7 spaces per 2 bedroom unit

1.2 spaces per 3 bedroom unit

1 space per 7 units (visitor parking)

 

The provision of at least one loading dock for residential use is desirable, although a dock intended for commercial uses may be sufficient.

The minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less

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

The site is located within 800m of Carlton and Kogarah Railway station as such the RMS provisions are applicable to this assessment.

 

Proposal relies on the following car parking provisions;

 

·    12 x 1 bedroom units = 0.4 x 12 = 4.8 spaces

·    35 x 2 bedroom units = 0.7 x 35 = 24.5 spaces

·    2 x 3 bedroom units = 1.2 x 2 = 2.4 spaces

 

Residential spaces required = 32 spaces

 

Visitor total = 47/7 = 7 spaces required

 

 

The ADG requires that the dual key apartments be treated as separate SOUs for the purpose of unit mix.

An assessment of parking rates using the dual key apartments as 3 bedroom apartments results in identical parking requirements as shown below:

 

·    10 x 1 bedroom units = 0.4 x 10 = 4 spaces

·    33 x 2 bedroom units = 0.7 x 33 = 23.1 spaces

·    4 x 3 bedroom units = 1.2 x 4 = 4.8 spaces

 

Visitor total = 49/7 = 7 spaces required

 

The proposal requires a total of 39 off-street car parking spaces for residents and visitors.

 

The proposal provides a total of 59 car parking spaces for residents and visitors.

 

The following parking has also been provided:

 

16 spaces have been provided for retail/commercial

 

In total the development requires a total of 55 car parking spaces.

 

A total of 75 car parking spaces have been provided.

 

The off street car parking provision exceeds the requirements of RMS/ADG provisions.

 

A loading dock has been provided and accessed via Bowns Road

The car parking arrangement and number of car spaces provided complies with the ADG/RMS requirements.

 

The proposal complies with the numerical requirements of the ADG given the accessible location of the site.

4A- Solar and daylight access

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

 

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

A minimum of 98% of apartments receive a minimum of 2 hours of solar access during mid-winter.

 

Only unit 201 does not achieve the minimum 2 hours.

Complies

4B- Natural Ventilation

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

 

Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line

 

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

All apartments have been designed to comply with minimum cross ventilation requirements.

 

 

 

No apartment exceeds 18m in depth.

 

 

 

 

 

 

Every apartment has a dual aspect.

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

4C-Ceiling Heights

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

Habitable rooms = 2.7m

Non-habitable rooms = 2.4m

 

3.3m for ground floor and first floor in mixed use areas to promote flexibility of use.

A minimum 3.05m floor to floor height has been provided to enable a minimum 2.7m ceiling height to be achieved to the residential component.

 

 

 

 

The ground floor provides a floor to floor height of 4.53m which enables a minimum 3.3m to be achieved on the ground floor.

Note: The first floor commercial space provides a floor to floor height of 3.05m.

Yes

 

 

 

 

 

 

 

 

 

No, however the ground floor height will be compliant and the ceiling height proposed for the first floor is considered acceptable even though not numerically compliant.

Variation to 3.3m ceiling height for first floor of mixed use development

The ground floor to floor height will enable a minimum ceiling height of 3.3m. The first floor commercial tenancy has a floor to floor height of 3.05m, which does not meet the desired 3.3m ceiling height for a mixed use building. The ceiling height as proposed will not affect its usability or adaptability of various uses.

4D- Apartment size and layout

Apartments are required to have the following

minimum internal areas:

 

1 bedroom = 50sqm

2 bedroom = 70sqm

3 bedroom = 90sqm

 

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

 

 

 

 

 

 

One bedroom units have minimum areas of 50sqm-61sqm.

 

Two bedroom units have minimum area of 76-78sqm.

 

Three bedroom units have minimum internal areas of 107sqm-108sqm.

 

 

 

Complies

 

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

Every habitable room has window openings larger than 10% of the floor area of the room area.

Complies

4D-2 Apartment size and layout

Habitable room depths are limited to a maximum of 2.5 x the ceiling height

 

Satisfactory

 

With the minimum floor to ceiling heights complying with the 2.7m minimum, all habitable room depths satisfy the minimum requirements.

Complies

 

In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window

The apartments have open plan living/dining room layouts.

Complies

4D-3 Apartment size and layout

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

All master bedrooms have a minimum internal size of 10sqm.

 

 

Complies

 

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

All bedrooms have minimum dimensions of 3m

Complies

 

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

-3.6m for studio and 1 bedroom

- 4m for 2 and 3 bedroom apartments

All living rooms have minimum widths of 4m.

Complies

 

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

Complies

Yes

Comment on apartment flexibility

The ADG provides design guidance and encourage apartment layouts that allow flexibility over time. The proposed development includes two (2) x three (3) bedroom dual key apartments. These 3 bedroom apartments contain a layout that can be adapted to be used separately as a studio apartment and a 2 bedroom apartment. The apartments have been designed to allow future adaptation to accommodate the occupants needs. The flexible apartment design allows the apartment to accommodate a diverse range of lifestyle needs such as different household structures, live/work housing arrangements and future changes in use.

4E- Private Open space and balconies

All apartments are required to have primary balconies as follows:

 

-1 bedroom = 8sqm/2m depth

 

-2 bedroom = 10sqm/2m depth

 

-3+ bedroom = 12sqm/2.4m

 

 

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

The proposed balconies and terraces for all apartments exceed the minimum sizes.

 

Achieved.

(9 - 32sqm/ min 2m)

 

Achieved.

(11 - 41sqm/ min 2m)

 

Achieved.

(38 - 95sqm/ min 2.4)

 

 

Noted and applied in the calculation.

 

 

 

Complies

 

 

 

 

Yes

 

 

Yes

 

 

Yes

 

 

 

Yes

 

 

 

 

 

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

No ground floor apartments proposed.

Yes

4F- Common circulation areas

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

No more than six (6) units access the lift from any one core on a single level in line with the ADG.

Complies

 

For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40.

The proposed development contains more than 10 storeys, has 49 apartments and only has one lift for the residents. There is a commercial lift provided and a condition of consent will be imposed requiring that this lift is constructed to enable access to all levels.

No, however considered acceptable. No more than six (6) apartments are located on each level.

4G- Storage

In addition to storage in kitchens, bathrooms and

bedrooms, the following storage is provided:

1 bedroom = 6m³

2 bedroom – 8m³

3 bedroom – 10m³

 

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

Each unit is provided with sufficient storage space with at least 50% located in individual units. The remaining is located in a dedicated secure location within the residential areas of the basement.

 

Storage spaces within apartments are located as part of a holistic design approach and integrated into the overall layout.

Yes

4H- Acoustic Privacy

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

 

Window and door openings are generally orientated away from noise sources

 

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

 

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

Building separation, orientation and arrangements are

designed to mitigate noise pollution with openings shielded through setbacks and other arrangements from noise sources. Recommendations have been provided to ensure separation between buildings complies. In addition the building must comply with the specific requirements of the NCC – BCA.

 

Internal layouts further work to mitigate noise.

 

The application is accompanied by an acoustic report addressing potential noises issues on the site from the roadways and the train line, from traffic generation and vehicle movements, noise form commercial usage and from mechanical plant.

Recommendations of the report are to be implemented in the build.

Complies

4J – Noise and Pollution

To minimise impacts the following design solutions may be used:

 • physical separation between buildings and the noise or pollution source

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

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

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

Site layout and floor plan design seeks to minimise acoustic disruption on the enjoyment of the future residents/users of the development. The Communal open on level 01 is centrally located within the development and is shielded from Railway Parade and Bowns Parade by the proposed building.

 

Vehicle entries are located and designed to minimise further noise impacts and the placement of non-residential uses aids in separating residents from noise sources.

 

The design incorporates seals to prevent noise transfer through gaps, acoustic glazing, and other measures where

necessary to attenuate noise impacts on apartments.

Yes

4K – Apartment Mix

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

The apartment mix is distributed to suitable locations within the building

The development offers a mix of 1, 2 and 3 bedroom apartments.

 

·    2 x studio apartments (4.1%)

·    10 x 1 bedroom apartments (20.4%)

·    35 x 2 bedroom apartments (71.4%)

·    2 x 3 bedroom apartments (4.1%)

 

The mix is considered to be acceptable and appropriate.

Complies

4L – Ground Floor Apartments

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

 

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

No ground floor apartments proposed

N/A

4M - Facades

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

The façade treatments as amended and the overall aesthetic is considered to be well resolved and is consistent with the desired streetscape character.

Yes

4N – roof design

Roof treatments are integrated into the building design and positively respond to the street. Opportunities to use roof space for residential accommodation and open space are maximised. Incorporates sustainability features.

The roof is a modern element that is generally consistent with new developments of this scale and form. It includes a communal area on the roof which is a benefit for future occupants.

 

Complies

4O – Landscape Design

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

A detailed landscape design has been prepared which compliments the natural and cultural features of the area and streetscape.

Planting is provided throughout the design to create a welcoming, green and bio-diverse environment. This includes street edge planting along Bowns Road and Railway Parade. The range and type of species and planting is consistent with the requirements of the

ADG and DCP.

Yes

4P- Planting on Structures

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

Planting zones have been integrated into the design to ensure appropriate growing conditions; drainage and placement are facilitated as well as an attractive, welcoming environment.

 

Planted spaces are designed as part of the overall architectural

approach using planters and landscaped spaces in combination to achieve an integrated design.

Yes

4Q – Universal Design

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

The proposal provides two (2) x three (3) bedroom dual key apartments, which can be adapted to be used as a studio apartment and a two (2) bedroom apartment. This design allows for a variety of configurations including home office or separate tenancy.

Note: Dual key apartments which are separate but on the same title are regarded as two sole occupancy units for the purposes of the BCA and for calculating dwelling mix.

Complies

4R – Adaptive reuse

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

This is a new development.

N/A

4S Mixed Use

Mixed use developments are provided in appropriate locations and provide active street frontages that encourage pedestrian movement

Located within the B4 Mixed-Use zones of the Railway Parade South precinct area of the Kogarah Town as designated within the KLEP and DCP, the proposal provides a range of uses that support the town centre.

 

A range of public transport options, including bus and rail, are located within 550m, of the site as well as green open spaces.

 

Within the development the ground level commercial use will create active frontages, encourage movement and curiosity, and contribute to the public domain.

Yes

4U – Energy Efficiency

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

A compliant BASIX Certificate accompanies the application.

Yes

4V – Water management and conservation

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

The development incorporates appropriate stormwater measures and Council’s Development Engineers are satisfied with the design subject to conditions.

Yes

4W – Waste Management

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

Designated waste storage areas are provided in the basement for building users, with recycling facilities included. A bulk

waste area for residents is also provided within the basement. Appropriate loading areas are provided to facilitate collection.

Yes

4X – Building Maintenance

Building design provides protection form weathering

Enables ease of maintenance, material selection reduces ongoing maintenance cost

The design incorporates a mix of external finishes that require minimal maintenance.

Yes

 

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

Draft Environmental State Environmental Planning Policy

75.      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.

 

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

 

Draft Remediation of Land State Environmental Planning Policy

77.      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.

 

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

 

Draft Design and Place SEPP

79.      The Draft Design and Place 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.

 

Kogarah Local Environmental Plan 2012 (KLEP 2012)

80.      The subject development site is zoned B4 Mixed Use under the KLEP 2012 as shown in Figure11 below.

 

Map

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Figure 11: Zoning map (KLEP 2012) - Subject site outlined in black.

 

81.      The objectives of the zone are as follows:

 

·    To provide a mixture of compatible land uses.

·    To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

·    To encourage development that contributes to economic growth and employment opportunities.

·    To encourage development that contributes to an active, vibrant and sustainable town centre.

·    To provide opportunities for residential development, where appropriate.

 

82.      The B4 zoning is very much focused on providing a mixture of compatible land uses, promoting and integrating suitable business, office, residential, retail and other developments within accessible locations to maximise public transport and encourage walking and cycling. It seeks to encourage development that will contribute to an active, vibrant and sustainable town centre.

 

83.      The subject site is located within the Kogarah Town Centre. Due to the sites close accessibility to Carlton and Kogarah railway stations and the local shopping precinct there is a clear expectation through the zoning to provide for retail and commercial uses to activate the street frontages and support the centre.

 

84.      An assessment of the proposal against the relevant LEP clauses and standards is as follows:

 

Clause

Standard

Proposal

Complies

Part 2: Permitted or Prohibited Development

2.2 Zoning of Land to which Plan applies

B4 Mixed Use

The proposal is defined as a shop top housing being a mixed use development comprising a residential flat building development and commercial premises which are permitted land uses in the B4 mixed use zone under KLEP 2012.

Yes

2.3 Zone objectives and Land use table

Objectives of zone to be satisfied

The proposal satisfies the objectives of the zone by providing a mixture of residential apartments and commercial premises which are consistent with the zone objectives and are suitable for the site not adversely impact neighbouring properties.

Yes

2.7 Demolition

Demolition requires development consent.

Consent for demolition of existing structures is sought.

Yes

Part 4: Principal Development Standards

4.3 Height of Buildings

39m as identified on Height of Buildings Map.

The building exceeds the 39m height limit and achieves an overall height at the highest point of 42.1m. The lift overrun, fire stairs and associated services are the elements which exceed the height control.

No – see discussion below regarding Clause 4.6 Statement which has been submitted.

Note: Clause 4.6 objection has been submitted requesting variation to the development standards for the maximum building height. The areas of non- compliance include the lift over run, stairs, plant and awning.

4.4 Floor Space Ratio

4:1 as identified on Floor Space Ratio Map

The proposed FSR is 4:1. The proposal complies with a GFA of 4,325sqm being and FSR of 4:1.

Yes

4.5 Calculations of Floor space and Site area

Floor space to be calculated in accordance with Clause.

Floor space has been calculated in accordance with this clause.

Yes

4.6 Exceptions to Development Standards

A clause 4.6 variation request has been submitted in relation to the proposed building height.

Part 5: Miscellaneous Provisions

5.6 Architectural roof features

Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.

No architectural roof feature proposed.

N/A

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 is not a heritage item and is not within a heritage conservation area.

 

Schedule 5 of the KLEP identifies that item I105 is Subway shops located at 200 – 204 Railway Parade, Kogarah which is located to the north east of the development site.

 

The heritage item is not immediately adjacent to the development site and is not adversely affected by the proposal. Council’s DCP has specific requirements for development adjoining the heritage item. The proposed development is not considered to have an adverse impact upon this heritage item.

Yes

Part 6: Additional Local Provisions

6.1 Acid Sulfate Soils (ASS)

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

The site is not affected by any Acid Sulfate Soils.

 

 

Yes

6.2 Earthworks

To ensure that earthworks do not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land

The proposal includes the provision of three (3) levels of basement car parking.

 

This is a standard amount of excavation and site works to accommodate a development of this scale and density.

 

The proposed earthworks are not considered to be unreasonable for the use sort.

Yes

6.3 Flood Planning

The objectives of this clause are as follows—

(a) to minimise the flood risk to life and property associated with the use of land,

(b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,

to avoid significant adverse impacts on flood behaviour and the environment.

The site is not affected by any flood planning restrictions.

Yes

6.5 Airspace Operations

The objective of this clause is to protect airspace around airports.

 

The consent authority must not grant development consent to development that is a controlled activity within the meaning of Division 4 of Part 12 of the Airports Act 1996 of the Commonwealth unless the applicant has obtained approval for the controlled activity under regulations made for the purposes of that Division

Approval has been provided to a maximum height of RL 70.32m AHD. This height is not breached by the development.

Yes

 

Clause 4.6 Exceptions to development standards

Detailed assessment of variation to Clause 4.3 Height of Buildings

85.      Clause 4.3 of the Kogarah Local Environmental Plan 2012 (KLEP) relates to the maximum permitted building height for a site and refers to the Height of Buildings Map. The relevant map identifies the subject site as having a maximum height of 39m. Building Height is defined as:

 

“Building height (or height of building) means:

 

(a)  In relation to the height of a building in metres – the vertical distance from ground level (existing) to the highest point of the building, or

(b)  In relation to the RL of a building the vertical distance from the Australian Height Datum to the highest point of the building

 

Including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.”

 

86.      The maximum height zones within the immediate area is shown below.

 

A picture containing graphical user interface

Description automatically generated

Figure 12: Extract from the KLEP height of buildings map, site outlined in blue

 

87.      The location and extent of the non-compliance is provided in the images below (figures 13 and 14).

 

Diagram

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Figure 13: Section showing extent of non-compliance to height control.

 

Diagram, engineering drawing

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Figure 14: Height plan drawing which illustrates the components which are above the height control. (Source: Fuse Architects).

 

88.      The proposed development seeks a variation to the development standard relating to height (Clause 4.3). The KLEP identifies a maximum height of 39m for the site and the proposed development will exceed the height by 3.1m. The height breach relates to the lift over run, fire stairs and associated services having a maximum RL of 70.32m, resulting in a 7.95% variation of the control.

 

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

 

90.      Clause 4.6(1) outlines the objectives of the standard which are to “provide an appropriate degree of flexibility in applying certain development standards to particular development” and “to achieve better outcomes for and from development by allowing flexibility in particular circumstances”.

 

91.      Clause 4.6(3) states that:

 

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

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

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

 

92.      To support the non-compliance, the applicant has provided a request for a variation to Clause 4.3 in accordance with Clause 4.6 of KLEP 2012. The Clause 4.6 request for variation is assessed as follows:

 

Is the planning control in question a development standard?

93.      The Height of Buildings control under Clause 4.3 of the Kogarah Local Environment Plan 2012 is a development standard.

 

What are the underlying objectives of the development standard?

94.      The objectives of the Height of Buildings development standard under Clause 4.3 of KLEP 2012 are:

 

(a)  to establish the maximum height for buildings,

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

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

 

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

95.      There have been several Court cases that have established provisions to assist in the assessment of Clause 4.6 statements to ensure they are well founded and address the provisions of Clause 4.6.

 

96.      In Wehbe V Pittwater Council (2007) NSW LEC 827 Preston CJ sets out ways of establishing that compliance with a development standard is unreasonable or unnecessary. This list is not exhaustive. It states, inter alia:

 

“An objection under State Environmental Planning Policy 1 may be well founded and be consistent with the aims set out in clause 3 of the Policy in a variety of ways. The most commonly invoked way is to establish that compliance with the development standard is unreasonable or unnecessary because the objectives of the development standard are achieved notwithstanding non-compliance with the standard.”

 

97.      The judgment goes on to state that:

 

The rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. Compliance with a development standard is fixed as the usual means by which the relevant environmental or planning objective is able to be achieved. However, if the proposed development proffers an alternative means of achieving the objective strict compliance with the standard would be unnecessary (it is achieved anyway) and unreasonable (no purpose would be served).”

 

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

 

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

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

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

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

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

 

99.      The Clause 4.6 statement was prepared having regard to the recent court cases and their judgements.

 

100.    Applicants comment:In this section it is demonstrated why compliance with the development standard is unreasonable or unnecessary in the circumstances of this case as required by clause 4.6(3)(a) of the LEP.

 

101.    The Court has held that there are at least five different ways, and possibly more, through which an applicant might establish that compliance with a development standard is unreasonable or unnecessary (see Wehbe v Pittwater Council [2007] NSWLEC 827).

 

102.    The five ways of establishing that compliance is unreasonable or unnecessary are:

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

2.    The underlying objective or purpose is not relevant to the development with the consequence that compliance is unnecessary;

3.    The objective would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable;

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

5.    The zoning of the land is unreasonable or inappropriate.

 

103.    It is sufficient to demonstrate only one of these ways to satisfy clause 4.6(3)(a) (Wehbe v Pittwater Council [2007] NSWLEC 827, Initial Action Pty Limited v Woollahra Municipal Council [2018] NSWLEC 118 at [22] and RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 at [28]).

 

104.    We have considered each of the ways as follows.

 

5.1.   The objectives of the development standard are achieved notwithstanding non-compliance with the standard.

 

105.    The following considers whether the objectives of the development standard are achieved notwithstanding the proposed variation.

 

(a) to establish the maximum height for buildings,

106.    The substantial mass of the building is compliant with the maximum building height control. The sections in breach are minor in size and will not be highly visible from the surrounding public domain due to their central location within the floorplate. The proposed building will therefore present to the streetscape and be perceived as being compliant with the height control.

 

107.    Therefore, the minor nature of the requested variation does not prevent the height of a substantial proportion of the building to be established in a compliant manner and satisfies this objective.

 

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

108.    Overshadowing

The areas of the building which contravene the 39 metre height standard are the centre of the roof plate allowing access to the roof top COS and services.

 

109.    The revised shadow diagrams demonstrate that the elements which contravene the height standard do not substantially increase overshadowing to surrounding sites. The shadows cast by the development have been centrally located on the roof top floorplate and will result in additional overshadowing being located within the roof of the proposal.

 

110.    The amended roof top elements result in a revised shadow at 12pm. Refer to the table below.

 

 

Figure 15: Shadow diagrams comparing shadowing from compliant to non-compliant scheme.

 

111.    As shown above, there will be partial overshadowing of an existing carport (in blue, above) for 1 hour at 12pm during mid-winter, due to the revised roof top elements.

 

112.    The shadow will not fall onto habitable space nor will it fall onto communal open space.

 

113.    The revised roof top elements have been designed to provide access and amenity to future residents of the building and have been centrally located away from lot boundaries. Any overshadowing, visual, and privacy impacts have been minimised by limiting shadows to non-habitable and non-recreational spaces of 4 Blake Street, and the central roof top location which minimises impacts to views to and from the revised roof top structure. Consistency with the objective is therefore achieved.

 

Visual Impact

114.    The requested variation will have minimal visual impact on adjoining properties and public domains. The impact is mitigated by the central location of the key breaches and will not be directly perceivable from key locations at ground level.

 

Privacy

115.    The requested variation consists of the lift overrun, lift plant and accessible bathroom. These elements are fully enclosed, located centrally and do not present additional opportunities for overlooking or acoustic emissions adjoining properties and open space areas.

 

116.    The requested variation facilitates equitable access to the roof top level for residents to enjoy the communal open space. Further, the roof top communal open space does not result in adverse privacy impacts to adjoining development at 1-7 Bowns Road nor 218 Railway Parade.

 

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

117.    The portion of the building that exceeds the height limit does not alter the scale or intensity of the development as these elements of the building will allow access to the roof and improve amenity for residents in the roof top COS.

 

118.    The portion of the building that exceeds does not alter its height relationship with adjoining properties, being concentrated to the centre of the building and of limited visibility from ground level.

 

119.    The breaches do not create any additional habitable area and as such do not increase the intensity of use of the site.

 

120.    The objectives of the height development standard are achieved notwithstanding the proposed variation.

 

121.    In accordance with the decision in Wehbe v Pittwater Council [2007] NSWLEC 827, Initial Action Pty Limited v Woollahra Municipal Council [2018] NSWLEC 118, Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 233 LGERA 170; [2018] NSWCA 245 and RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130, therefore, compliance with the Height of Buildings development standard is demonstrated to be unreasonable or unnecessary and the requirements of clause 4.6(3)(a) have been met on this way alone.

 

122.    For the sake of completeness, the other recognised ways are considered as follows.

 

5.2. The underlying objective or purpose is not relevant to the development with the consequence that compliance is unnecessary;

123.    The underlying objective or purpose is relevant to the development and therefore is not relied upon.

 

5.3. The objective would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable.

124.    The objective would not be defeated or thwarted if compliance was required, and therefore is not relied upon.

 

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

125.    Council has permitted variations to the height standard on numerous occasions in circumstances comparable to those of this development (Table 4). Although the development standard is not said to have been virtually abandoned or destroyed, Council have shown flexibility in approving variations to the height standard that deliver improved development outcomes for future residents. The proposed variations will permit creation of a high amenity communal open space that is accessible to all residents.

 

5.5. The zoning of the land is unreasonable or inappropriate.

126.    The zoning of the land is reasonable and appropriate and therefore is not relied upon.”

 

127.    Officer’s comment: In respect to Prestons CJ judgement the NSW Land and Environment Court and in accordance with a recent decision (Initial Action Pty Ltd v Woollahra Council [2018] NSWLEC 118), the NSW Land and Environment Court has established a “five part test” for consent authorities to consider when assessing a DA proposing a clause 4.6 request for variation has established the five part test (as outlined above). In this case it is considered that the proposal satisfies the five part test for the following reasons:

 

a.    As previously discussed the objectives of the height standard are considered to be satisfied despite the non-compliance.

b.    The underlying objective of the standard remains relevant and therefore compliance is necessary and warranted. The majority of the building sits within the height limit with the lift overrun, an ancillary operational structures exceeding the control. No habitable area or its associated roof element extends beyond the 39m height limit.

c.    In this case the underlying objective will not be defeated or thwarted by the approval of the building. As the building has been designed to generally comply with the height standard. The height control will not be abandoned or destroyed through this or any recent approvals for similar mixed use developments.

d.    The Mixed Use zone is an appropriate zoning for the site and this parcel of land has been recently and up-scaled. The proposed scale of the development is consistent with the anticipated height for developments within this zone and precinct.

 

128.    The height control objectives articulate the ultimate function of the establishing the height of buildings. The maximum height for buildings on land within the former Kogarah Local Government Area is identified on the Height of Buildings Map. As previously described, the maximum building height permitted on the subject site is 39m and the maximum height of the proposal is 42.15m. The proposal contravenes the standard, as a result the amount and degree of non-compliance and its resultant impact needs to be considered.

 

129.    The proposed height of the development is considered to be in keeping with the desired future character of development within this precinct.

 

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

130.    Applicants Comment: “In Initial Action Pty Ltd v Woollahra Council [2018] NSWLEC 118, Preston CJ observed that in order for there to be 'sufficient' environmental planning grounds to justify a written request under clause 4.6 to contravene a development standard, the focus must be on the aspect or element of the development that contravenes the development standard, not on the development as a whole.

 

131.    In Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90, Pain J observed that it is within the discretion of the consent authority to consider whether the environmental planning grounds relied on are particular to the circumstances of the proposed development on the particular site.

 

132.    As discussed in Section 4, the elements of the development which contravene the height of buildings development standard is the centrally located structure containing the lift overrun, accessible bathroom, fire stair, area for screening and containing services such as the proposed plant and water tank, and awning structure, all of which contribute to residential amenity and which allow equitable access to the rooftop communal open space area.

 

133.    The environmental planning grounds to justify the departure of the height standard are as follows:

 

·    The height variation is confined to the roof top edge parapet, and the structure towards the centre of roof floorplate which comprises the lift overrun being 3.1 metres above the 39 metre height plane. The central elements are positioned away from the south eastern boundary of the site by 19 metres, over 9 metres from the north eastern boundary, and 13.5 metres from the north eastern boundary. This minimises the perception of visual bulk from adjacent buildings, from Railway Parade and from Bowns Road. The roof area above the 39 metre height limit is therefore minor and will be visually screened from ground level and adjacent development by parapets and on-structure planting surrounding the elements of the roof top area.

·    The building bulk has been concentrated to the north west to address the street corner and the height steps down towards the east to transition towards sites with a lower height standard along Bowns Road. This removes the opportunity for a COS area on the lower levels which is compliant with solar access provisions in the ADG. The proposed roof top communal open space will have high levels of residential amenity and will positively contribute to residents living experience by way of equitable access.

·    The proposed development is a 12-storey built form designed to be consistent with the envisioned form of development for the site being high density mixed use development within the B4 Mixed Use zone. It is also compatible with the existing development in the immediate context of the site and with the emerging pattern of development in the locality along Railway Parade. The proposed elements do not increase the total number of levels.

·    The location of the communal open space area on the roof results in fewer amenity impacts such as overlooking, with the space located away from the sites boundaries and above adjoining properties.

·    The shadow diagrams that form part of this Development Application indicate that the area of height variation will comprise partial overshadowing of an existing carport, limited to 12pm during midwinter. There will be no other adverse impacts associated with the revised roof top elements.

·    It is considered that the proposed elements which depart from the standard do not result in any unreasonable impact and is appropriate for the orderly and economic use of the land.

 

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

 

134.    Clause 4.6(4) states that:

 

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

(a)   the consent authority is satisfied that:

 

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

 

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

 

135.    Applicants comment: “In this section it is explained how the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out. This is required by clause 4.6(4)(a)(ii) of the LEP.

 

136.    In section 5 it was demonstrated that the proposed development overall achieves the objectives of the development standard notwithstanding the variation of the development standard, (see comments below).

 

137.    The below considers whether the proposal is also consistent with the objectives of the zone.

 

Objectives of the Zone

 

To provide a mixture of compatible land uses.

138.    The proposal involves ground floor retail, commercial premises on the first floor and residential uses above. These land uses are all permissible with consent in the B4 zone and are compatible on the site and with the existing and desired future land use character of neighbouring properties.

 

139.    This objective is therefore achieved.

 

To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

140.    The proposed uses listed above are suitable for its location. The site is located between Kogarah and Carlton Railway Stations on the T4 Illawarra Line and within 550m of the Kogarah Strategic Centre. The railway connects the site with other major centres including Sutherland, Hurstville and the Sydney CBD. Given its close proximity to these locations, the development on this site for commercial and residential uses encourages the use of active and public transportation.

 

141.    This objective is therefore achieved.

 

To encourage development that contributes to economic growth and employment opportunities.

142.    The proposal provides ground floor retail use and serviced apartments on the first floor. These uses, along with the construction of the development, provide additional employment opportunities in a highly accessible location and contributes to the economic growth of Kogarah.

 

143.    This objective is therefore achieved.

 

To encourage development that contributes to an active, vibrant and sustainable town centre.

144.    Although the proposal is not located within the Kogarah Strategic Centre, the proposal supports and contributes to this Centre by locating high density residential uses near the town centre.

 

145.    This objective is therefore achieved.

 

To provide opportunities for residential development, where appropriate.

146.    The proposal provides 47 residential apartment units in an accessible location close to two railway stations and the Kogarah Strategic Centre. The provision of the rooftop communal open space provides an area of high amenity, with ample solar access at all hours and is compliant with COS objectives in the ADG. There are minimal overshadowing, privacy and visual related impacts associated with this variation on surrounding properties.

 

147.    This objective is therefore achieved.

 

148.    As demonstrated in Table 5, the proposal is consistent with the objectives of the zone and in Section 5 it was demonstrated that the proposal is consistent with the objectives of the development standard. According to clause 4.6(4)(a)(ii), therefore, the proposal in the public interest.”

 

149.    Officer’s comment: The non-compliance to the building ensures all habitable areas are located within the permitted height and the only exceedance relates to the lift over run, fire stairs and associated services which are generally recessive in nature. The proposal generally satisfies the objectives of the development standard in the following ways.

 

150.    The amenity impacts associated with the non-compliance have been considered. In terms of visual impact, the structures are generally centrally located which reduces their visual appearance from the immediately adjoining streetscapes. The lift over run and stairs are centrally located. It is considered that in this case the small scale ancillary structures which will not be highly visible or an intrusive element given the scale and proportions of the building are considered acceptable. In respect to the more dominant elements like the lift overrun accessing the roof terrace at the rear, this will be a visible element when viewed from a distance. It will not be readily visible from immediately adjoining properties and streetscapes given that it is centrally located. There will be no significant adverse impacts in terms of overshadowing or overlooking to adjoining properties.

 

151.    New developments of a similar nature have been approved along Railway Parade and have established a precedent for development in the street and immediate precinct. The proposed development is consistent with the pattern of development that is emerging in this precinct and the up zoning to permit development of this scale.

 

152.    The proposed development is considered to satisfy the objectives of the building height development standard for the following reasons:

 

·      The development is consistent with the built form envisaged for the Railway Parade South precinct and the B4 Mixed Use zone within the town centre.

·      Despite the variation, the bulk and scale of the development is compatible with the existing buildings that have been completed and approved within the immediate vicinity.

·      When considered in the context of the development, the variation is minor and would not be readily discernible from street level.

·      The height variation will not result in any unreasonable adverse amenity impacts such as overshadowing on neighbouring properties or the public domain.

·      The variation to the height would not result in an unreasonable visual impact on neighbouring properties or the streetscape.

·      The height breach does not exceed that permitted by the airspace approval.

 

153.    The B4 Mixed Use zone objectives require the development to:

 

·      To provide a mixture of compatible land uses.

·      To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

·      To encourage development that contributes to economic growth and employment opportunities.

·      To encourage development that contributes to an active, vibrant and sustainable town centre.

·      To provide opportunities for residential development, where appropriate.

 

154.    The exceedance in the building height control generally satisfies the objectives of the zone for the following reasons:

 

·      The development will provide for a compatible mix of residential and commercial uses, the proposed variations will not impede the attainment of this objective.

·      The development is providing for the housing needs of the community with a mix of apartment choices and layouts including two (2) dual key apartments within a mixed use zone whilst also integrating commercial and retail development.

·      The development is located within an accessible location with only a short walk to Carlton and Kogarah Stations and a number of bus stops within close proximity.

·      The development incorporates a diversity of apartment types (offering studio, 1, 2, and 3 bedroom apartments and dual key apartments. The proposal also includes adaptable apartments.

·      The development will provide residential development for the Kogarah Town Centre whilst also activating the street through the provision of non-residential uses at street level.

 

155.    The area of non-compliance is considered not to be unreasonable and will not establish an undesirable precedent or undermine the objectives of the zone or height control. It will not have any adverse impact on the surrounding locality, which is consistent within the B4 location. The proposal promotes the economic use and development of the land consistent with zone and its purpose.

 

156.    The public benefit of the variation is that it will appropriately facilitate the provision of a high density mixed use development on B4 zoned land and will provide for a range of housing stock. It is noted that in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ clarified what items a Clause 4.6 needs to satisfy. Importantly, there does not need to be a "better" planning outcome resulting from the non-compliance.

 

157.    The second matter was in cl 4.6(3)(b), where the Commissioner applied the wrong test in considering this matter by requiring that the development, which contravened the height development standard, result in a "better environmental planning outcome for the site" relative to a development that complies with the height development standard (in [141] and [142] of the judgment). Clause 4.6 does not directly or indirectly establish this test. The requirement in cl 4.6(3)(b) is that there are sufficient environmental planning grounds to justify contravening the development standard, not that the development that contravenes the development standard has a better environmental planning outcome than a development that complies with the development standard.

 

158.    The structures which breach the building height are ancillary containing lift over run, fire stairs and associated services. The lift over run, fire stairs and associated services are all centrally located and have minimal visual impact.

 

159.    In this case the proposal seeks to establish the preferred and appropriate design and built form outcome for this site with the building complying in large with the height standard. There will be no adverse amenity or visual impacts generated by the variation, the proposal satisfies the objectives of the zone and the development standard. In this case the justification to vary the height control is considered to be a reasonable and well-founded request.

 

Clause 4.6(4)(b) the concurrence of the Director-General has been obtained

160.    In accordance with clause 64 of the Environmental Planning and Assessment Regulation 2000, Council may assume the Secretary’s concurrence for exceptions to development standards for applications made under clause 4.6 of the LEP. This was further confirmed by directions provided within Planning Circular PS 18-003 issued on 21 February 2018.

 

Whether contravention of the development standard raises any matter of significance for State or regional environmental planning (Clause 4.6(5)(a))

161.    Contravention of the maximum height development standard proposed by this application does not raise any matter of significance for State or Regional environmental planning.

 

Conclusion – Assessment of Clause 4.6 Request for Variation

162.    Despite the non-compliance in terms of the height, the proposed variation is considered to be acceptable and satisfies the provisions of Clause 4.6.

 

163.    The proposed variation satisfies the objectives of the height control as the non-compliant structures, being the architectural roof feature, lift overrun, stairs and plant will not be visually dominating. The additional height is considered to be consistent with other developments in the immediate locality and the scale of the development is sympathetic with the existing scale and form of existing and approved adjoining developments.

 

164.    It is considered that the Clause 4.6 Statement lodged with the application addresses all the information required pursuant to Clause 4.6 and the statement is considered to be well founded as there are sufficient environmental planning grounds to justify contravening the standard given that in this case the proposal satisfies the objectives of the zone and development standard (Clause 4.3, building height control).

 

165.    For these reasons the Clause 4.6 Statement is considered to be well-founded and could be supported if the development as a whole was consistent with the assessment criterion and was of a form that could be supported.

 

Draft Georges River Local Environmental Plan 2020

166.    In accordance with section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 any proposed instrument that is or has been the subject of public consultation is a relevant matter for consideration in the assessment of a development application.

 

167.    The Georges River Local Planning Panel endorsed at its meeting dated 26 June 2020 the Planning Proposal (as amended) to be forwarded to the Department of Planning, Industry and Environment for gazettal in accordance with Section 3.36 of the Environmental Planning and Assessment Act 1979.

 

168.    The Draft Georges River Local Environmental Plan 2020 provisions have no detrimental weight as a result of proposed operation of Clause “1.8A Savings provisions relating to development applications” of the Draft Plan which provides “If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced”.

 

Development Control Plans

Kogarah Development Control Plan 2013

169.    Apart from satisfying some of the provisions of the ADG and SEPP 65 the controls within the KDCP are applicable. Part B, General Controls, Part C2 Medium Density, controls in Appendix 4 relating to residential development in the R3 zone are required to be considered in the design of the proposal.

 

Table – KDCP 2013 Compliance Table

PART B – GENERAL CONTROLS

Required

Proposed

Complies

B1 Heritage Items and Heritage Conservation Areas

Ensure development protects and enhances the environmental and cultural heritage of Kogarah;

 

The relevant requirements of Clause 5.10 of KLEP 2012 are to be addressed for any development relating to a heritage item

In respect to the heritage provisions of Part B1 of the KDCP, the site is located within the vicinity of a heritage item.

 

The site is not a heritage item and is not within a heritage conservation area.

 

Schedule 5 of the KLEP identifies that item I105 is Subway shops located at 200 – 204 Railway Parade, Kogarah which is located to the north east of the development site.

 

The heritage item is not immediately adjacent to the development site and is not adversely affected by the proposal. Council’s DCP has specific requirements for development adjoining the heritage item. The proposed development is not considered to have an adverse impact upon this heritage item.

Yes

B2 Tree Management and Greenweb

The objectives of this part include the following:

·    Ensure the protection of existing trees which contribute to the visual amenity and environment of the City of Kogarah;

·    Protect trees within and adjacent to development sites;

·    Maximise healthy tree canopy coverage across the City of Kogarah

 

Development consent or a Council permit is required to ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree, whether on private or public land, which has:

 

(i) A height greater than 3.5m, or

(ii) A branch spread exceeding 3 metres in diameter

The proposal includes the removal of several trees on the subject site. Council’s arborist required a Thyer method assessment of evaluation be undertaken in permitting their removal.

 

A suitable Thyer method of assessment report of evaluation and landscape plan has been submitted with the proposal.

 

The site is not within a ‘habitat corridor’ or ‘habitat reinforcement corridor’ under Council’s green web strategy.

Yes

B3 – Development near busy roads and rail corridors

Acoustic assessment for noise sensitive development may be required if located in the vicinity of a rail corridor or busy roads

Subject site is located fronting Railway Parade and located within 25m of a rail corridor.

A Noise and Vibration Impact Assessment report was provided with the application. The assessment concluded that a suitable acoustic environment can be achieved for the residents through the installation of specified standards of glazing.

The acoustic report provided a series of recommendations in the form of implementing construction techniques and materials that will assist in ameliorating acoustic impacts on the internal areas of the building. A detailed discussion regarding the acoustic compliance was conducted earlier in this report.

Note: Should the proposal be approved, appropriate conditions will be imposed to ensure the constructed building complies with the recommendations of the Acoustic Report.

Yes

B4 Parking and Traffic

For development in the following locations:

 

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

 

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

 

The minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less

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

The site is located within 800m of Kogarah and Carlton Railway Stations and is located inside the Strategic Centre. As such the “Metropolitan Regional (CBD) Centres” rates apply. Given this development is within an accessible area under SEPP 65 and the ADG, the requirements of the RMS Guide for Traffic Generating Development outlines the assessment criterion.

 

Residential parking:

12 x 1bedroom units @ 0.4 space per unit = 4.8 spaces required

 

35 x 2 bedroom units @ 0.7 spaces per unit = 24.5 spaces required.

 

2 x 3 bedroom units @ 1.2 spaces per unit = 2.4 spaces required

 

Residential spaces required = 32 spaces

 

Visitors = 49/7 = 7 spaces required

 

Total = 7 spaces required

 

The ADG requires that the dual key apartments be treated as separate SOUs for the purpose of unit mix.

An assessment of parking rates using the dual key apartments as 3 bedroom apartments results in identical parking requirements as shown below:

 

Residential parking:

10 x 1 bedroom units @ 0.4 space per unit = 4 spaces required

 

33 x 2 bedroom units @ 0.7 spaces per unit = 23.1 spaces required.

 

4 x 3 bedroom units @ 1.2 spaces per unit = 4.8 spaces required

 

Residential spaces required = 32 spaces

 

Visitors = 47/7 = 7 spaces required

 

Total = 7 spaces required

 

The proposal requires a total of 39 off-street car parking spaces for residents and visitors.

 

The proposal provides a total of 59 car parking spaces for residents and visitors.

 

The following parking has also been provided:

 

16 spaces have been provided for retail/commercial.

 

In total the development requires a total of 55 car parking spaces.

 

A total of 75 car parking spaces have been provided.

 

The off-street parking provision exceeds the minimum requirements of the RMS/ADG provisions.

Yes

Loading dock

A loading dock has been provided and is accessed via Bowns Road.

Yes

Car wash bay:

1 bay, which can also function as a visitor space

A shared car wash bay/visitors space has been provided.

Yes

Bicycle Parking:

1 space per 3 dwellings = 16

·    9 residential bicycle parking spaces are provided in Basement 3.

·    7 residential bicycle spaces are provided within the communal open space area on Level 01.

Yes

Bicycle parking - Visitors

1 space per 10 dwellings for visitors = 5 spaces

·    4 visitor bicycle parking spaces are provided at ground level, near the entry to the residential lobby there are 8 at ground level).

·    1 space has been provided at Level 01.

Yes

Bicycle parking – Commercial

1 space per 5 car parking spaces = 16/5 = 4 spaces

·    Four (4) spaces have been provided at ground level, near the entry to the residential lobby there are 8 at ground level).

Yes

Car park access and layout to comply with relevant Australian Standards

The internal layout and size of car parking spaces in the basement levels is considered satisfactory.

Yes

B5 – Waste Management and Minimisation

Submit Waste Management Plan (WMP)

Provide a dedicated caged area within the bin room for the storage of discarded bulky items.

WMP was prepared by Dickens Solutions. The development includes a residential garbage room and bulky goods area and commercial room on the ground floor level.

 

The garbage rooms are suitably sized to cater for the garbage bins as required. Bins will be collected from the street.

 

The waste disposal area and arrangement is considered to be satisfactory and in accordance with Council’s requirements.

Yes

B6 – Water Management

All developments require consideration of Council’s Water Management Policy

The subject site is not located within flood prone land.

The proposed stormwater system has been reviewed by Councils Drainage Engineer and found to be satisfactory.

Yes

B7 – Environmental Management

Building to be designed to improve solar efficiency and are to use sustainable building materials and techniques

The application is accompanied by a BASIX certificate which confirms compliance with the minimum requirements. 

 

Design, materials, siting and orientation generally optimise solar efficiency, with a high proportion of north-facing window openings. Glazing is minimised on the southern and western elevations.

Yes

 

Development Control Plans

Part E1 – Kogarah Town Centre

170.    The proposal is subject to the provisions of Part E1 - Kogarah Town Centre. Assessment against the relevant controls has been undertaken below.

 

Part E1 - Kogarah Town Centre

2.9 Railway Parade South Precinct

2.9.2 Desired Future Character Principles

Land Uses

(a) Increase the diversity of uses to include residential uses

(b) Provide for commercial uses such as small offices and specialist retail on the ground floor fronting Railway Parade.

(c)  Encourage the continuation of the RSL use and the provision of community related uses within the block between Blake Street and English Street

The proposed development seeks consent for two levels of commercial premises with residential apartments above. This is consistent with the B4 mixed use zoning.

Yes

Street Frontage

(d) Address Railway Parade with active street frontages, awnings and street trees to increase pedestrian amenity.

(e) Set buildings back from Railway Parade to allow for widened footpath areas and improved public domain.

The proposed ground floor commercial tenancy will activate the corner of Bowns Road and Railway Parade.

 

The building is setback a minimum of 2m from Railway Parade and 3m from Bowns Road, providing space for a widened footpath and street planting.

Yes

Built Form

(f)  Reinforce the two-storey street wall height by setting back upper levels of the buildings.

(g) Introduce breaks in the building massing at upper levels to reduce the buildings’ apparent scale.

(h) Establish a consistent ‘build to’ line along a 2m front setback on Railway Parade to create a consistent edge to the street.

(i)   Emphasise the block between Blake Street and English Street with taller buildings that create a landmark entry to the Kogarah Centre

The proposed building has

a vertical emphasis, is articulated and provides recessed elements across the façade of the building.

 

The proposed building will establish a taller building that will create a landmark entry to the Kogarah Town Centre.

Yes

Heritage

(j)   Respect the heritage building at Nos. 200-204 Railway Parade and the significant facade at No. 186 Railway Parade.

(k)  Where development adjoins the heritage listed buildings it should relate with vertical proportions and building articulation.

The proposal will not adversely affect the heritage significance of No 200-204 Railway Parade or No 186 Railway Parade.

Yes

Pedestrian Movement

(l)   Enhance the pedestrian amenity of Railway Parade with awnings, street tree planting and upgraded footpaths

The proposed building will enhance pedestrian movement through the design and inclusion of smaller awnings setbacks of buildings and street tree planting.

Yes

Part 3 Built Form

3.3 Consolidation of Sites

(2) A minimum street frontage of 18m is required for buildings taller than 3 storeys to provide a minimum workable building footprint, allowing for adequate car parking and the required setbacks.

Street frontage exceeds 18m

Yes

3.4 Building Heights

(1) Maximum building heights are shown in Figure 1 – Building Heights Plan

The proposed building has a height of 42.1m, which exceeds the maximum building height of 39m contained within KLEP 2012. A Clause 4.6 has been submitted in support of this variation.

No, however discussed within the Clause 4.6 Assessment.

3.5 Building Density

(1) The maximum floorspace ratios for the Kogarah Centre are specified in the Floor Space Ratio Plan

The proposed development provides a FSR of 4:1 which is compliant with KLEP 2012.

Yes

(2) The maximum floorspace ratios have been calculated using building heights and setbacks specified in this DCP to achieve a realistic building envelope.

N/A

N/A

(3) Rooftop development, where permissible, is not included as part of the total gross floor area for the building, and is not counted as an additional storey for the purposes of calculating the allowable gross floor area for the building

Noted

Yes

3.7 Building Depth

(1) New buildings are to provide operable windows to all living and working environments

Each living area includes operable openings to its living areas subject to the acoustic report criterion.

Yes

(2) Articulate buildings using courtyards, atria and the like to achieve substantial daylighting, cross ventilation and/or stack ventilation

All apartments can achieve cross ventilation.

Yes

(5) The range of maximum building depth for residential buildings in order to allow natural light and cross ventilation should be 10m – 15m. This includes sheltered balconies (which is a balcony with a roof over it), sunrooms and the like.

The apartments on the western side of the site exceed the 15m, however they are dual orientated and all have windows.

Yes

3.8 Floor to Ceiling Heights

(1) Floor to ceiling heights should be a minimum of 3m at ground floor level, to allow for a range of uses including retail, commercial offices and home offices

Ground floor ceiling height exceeds 3m.

Yes

(2) Floor to ceiling heights should be a minimum of 2.7m at upper storeys of buildings, to all habitable rooms to allow for a range of uses, and to improve the environmental performance and amenity of the building

2.7m proposed

Yes

3.9 Parking Provision in the Kogarah Town Centre

3.9.1 Car Parking

Refer to Section B4 in KDCP 2013

4. Urban Design

4.1 Address and Active Street Frontages

(1) Buildings on the street frontage are to provide pedestrian amenity in the form of active street frontages, building entrances and awnings

An active street frontage has been proposed through the ground floor commercial premises which wraps around the two street frontages.

Yes

(2) Buildings setback from the street frontage, are to address the street with major facades, entrances, stairs, low fences, substantial planting and other streetscapes

The proposal incorporates these elements.

Yes

4.2 Corners

(1) Buildings are to be sited on the street frontages at corners, addressing the corner

The street corner at Bowns and Railway Parade has been satisfactorily addressed through the architectural design.

Yes

(2) The street intersection is to be addressed with splays, curves, building entries and other special architectural elements

These architectural elements have been incorporated into the design.

Yes

4.3 Architectural Articulation

(1) Large areas of flat facade are to be avoided. Facades should be articulated into separate sections, using steps in the facade, expressed entries, panels, bay windows, balconies, pergolas and other architectural elements

The buildings facades are articulated through the design of the building.

The northern elevation is broken into three vertical bands, by stepping in the façade and balcony projections. The eastern elevation has a terraced form with the upper levels stepping inwards. The balcony balustrades create strong horizontal bands to break up the faced line. The southern elevation is articulated by the stepping of the upper levels and space created by the building having an ‘L’ shaped design.

Yes

(2) Articulation elements must be integral with the building design and should consider the whole building - not just the street facade

Articulation has been undertaken for the building as a whole incorporated at all levels.

Yes

(3) Changes of texture and colour should complement facade articulation

Materials and finishes complement the proposed façade.

Yes

4.4 Façade Composition

(1) Provide a balance of horizontal and vertical facade elements to relate to adjacent facades in the streetscape. Avoid simple facade designs containing only horizontal or vertical elements.

Horizontal and vertical elements have been provided to the building through the choice of materials and the location of balconies in addition to the size of vertical and horizontal elements.

Yes

(2) Subdivide long facades with columns, windows and other vertical elements to provide a vertical emphasis

Columns, windows and balconies have been incorporated into the design to provide articulation.

Yes

(3) Provide substantial cornices, balconies and other horizontal elements to subdivide the facade into a base, middle and top.

Balconies of differing shapes and sizes have been provided to provide suitable articulation.

Yes

4.5 Private Open Space and Balconies

(1) Every apartment is to have at least one balcony directly accessible from the main living area, of minimum size 10m2

Balcony sizes vary from 9sqm for one (1) bedroom apartments up to 41sqm for the two (2) and three (3) bedroom apartments. The balcony sizes for all apartments comply with the ADG.

No, however complaint with ADG requirements.

(2) The minimum dimension in any direction is to be 2.5m

Complies

Yes

(3) There is no minimum size for a bedroom balcony (eg: Juliet balconies)

Complies

Yes

(4) Design balconies which are recessed into the wall or enclosed with walls, columns or roofs to provide sufficient enclosure and visual firmness

The building incorporates recessed balconies into the design of the building.

Yes

(5) Design balustrades which allow for views into, and along the street but, avoid all-glass and all-brick balustrades

The proposed balustrade is considered appropriate and is consistent with the design of the building.

Yes

4.6 Awnings

(1) Step awnings and other weather protection devices in relation to street level changes and building entrances.

Both frontages have a continuous awning. The site is located in the Kogarah Town Centre and the proposed awnings overhang the public footpath on Railway Parade and wrap around the corner of Bowns Road to provide weather protection for pedestrians.

No, however conditioned for the awning to extend along the public domain area on Bowns Road.

(2) Avoid steeply pitched awnings which break the general alignment of awnings in the street.

The proposed awnings are not steeply pitched.

Yes

(3) Provide architectural detail in the form of:

(i) Posts

(ii) exposed structures and joints

(iii) fascia motifs, patterns.

Complies

Yes

(4) Provide under-awning lighting to enhance safety.

Can be provided

Yes

(5) Awnings are to be built to the street frontage where indicated in Figure 4.9

The site is not required to provide awnings to the street frontage

N/A

4.7 Roof Designs

(1) Articulate roofs to provide a varied and interesting roofscape

The proposed development includes a roof top communal open space area.

Yes

(2) Design large projections, shade structures and pavilions to enhance the appearance of flat roofed buildings.

The rooftop area contains lift over run, fire stars and an awning which all flat roofed structures.

Yes

(3) Conceal lift over-runs and plant equipment (incl. satellite dishes) within well designed roof forms

The lift over run and fire stairs are centrally located within the roof top level.

Yes

(4) Design steep pitched roofs with strong roof forms. Roofs should be integral part of the design of the building

N/A

N/A

(5) Penthouses are encouraged in residential developments, to create interesting skylines using setback upper storeys, special fenestration and roof decks

The upper level apartments contain larger outdoor areas with substantial views.

Yes

4.8 Visual and Acoustic Privacy

(1) Buildings are to be sited so that walls containing windows to habitable rooms are a minimum of 6m from a side or rear boundary. This will ensure a minimum distance of 12m is achieved between windows of habitable rooms

The western side boundary has no openings in the walls, with the exception of the south facing windows in units 206, 306 and 406 and bedroom windows in units 506 and 606, a 6m rear boundary setback has been provided.

No, however considered acceptable.

(2) Separation for balconies and terraces is to be a minimum 8m balcony to another balcony, or 7m balcony to a window of a non-habitable room. (This assumes that only habitable rooms will have balconies)

Complies

Yes

(3) Overlooking should be minimised by:

(i) building on the perimeter of the block and building to the side boundaries of sites, with blank walls, to avoid overlooking;

(ii) locating habitable rooms within buildings away from privacy sensitive areas

Complies

Yes

(4) Screen views from windows and balconies by:

(i) using screens in front of windows and balconies to cut out direct views;

(ii) offsetting windows opposite each other in neighbouring walls;

(iii) using horizontal and vertical projecting screens above, below and to the side of windows, to reduce overlooking

Measures employed to address these matters.

Yes

(5) Development is to meet or exceed the sound insulation requirements for separating walls and floors of adjoining dwellings of the Building Code of Australia

This is a requirement that will need to be shown on design documentation for Construction Certificate and achieved prior to issue of Occupation Certificate.

Yes

(6) With particular regard to timber flooring in residential developments, appropriate insulation between floors is to achieve minimum sound attenuation of (50Rw).

A condition of consent has been proposed to address this matter.

Yes

(7) Submit an acoustic report demonstrating the method and acoustic rating achieved for the development with the Development Application. Issues to address include, but are not limited to, party walls, storeys, different uses and traffic noise

An acoustic report has been provided and assessed by Council’s Environmental Health Officer. Suitable conditions have been proposed including the development complying with the recommendations of the report.

Yes

(8) Site buildings and design internal layouts of rooms, courtyards, terraces, to minimise acoustic problems. The use of openings, screens and blade walls can reduce acoustic problems

Complies

Yes

(9) Design restaurants and cafes to diminish the impact of noise associated with late night operation on nearby residents

An acoustic report has been provided to address these matters.

Yes

(10) Blank walls are not desirable however blank walls may be built on the property boundary in certain circumstances. They should be articulated, patterned or contain appropriate public art

A blank wall is proposed along the western boundary to align with the blank wall of the adjoining property.

Yes

(11) For development adjacent to the railway line or with frontage to a classified road, the requirements of the ISEPP apply. Developments are to be designed to take into account the requirements of the ISEPP and any other applicable policies or guidelines

An acoustic report has been provided to address these matters.

Yes

4.9 Landscaping and Deep Soil Planting

(1) Deep soil landscaping areas are to be provided where possible within the side boundary setback area and to the front and rear setback areas, where more than one building is located on the site, landscaping and deep soil planting should be provided to assist in privacy screening

The excavation is to the perimeter of the site to accommodate the basement parking so no deep soil is proposed. The development provides two areas of communal open space and are proposed to be suitably planted to the satisfaction of Council’s Arborist.

No, however the landscaping proposed is considered acceptable.

(2) Landscaping should be of native species and should include species that are drought resistant and require minimal watering once established, or plants that match the rainfall and drainage conditions

A landscape plan has been provided and found to be satisfactory by Council’s Arborist. Appropriate conditions have been provided.

Yes

(3) Limit turf to usable outdoor spaces.

N/A

Yes

4.10 Location of car parking

(1) Car parking should be provided below ground.

Car parking is provided below ground. Only the loading dock is at ground level.

Yes

4.11 Safety and Security

(1) Orient buildings towards the street, such that building frontages and entries overlook and are clearly visible from the street and provide a sense of address and visual interest

The design of the building ensures that both street frontages are clearly visible from the public domain.

Yes

(2) Avoid blank walls addressing streets and any other public spaces

Complies

Yes

(3) Clearly design buildings and spaces, and the entries to buildings, delineate public, semi public and private space through the use of symbolic or actual barriers, such as low fences or landscaping, post boxes, lighting and signage

Complies

Yes

(4) Avoid building recess, alcoves or dense landscaping in places where concealment is possible

Complies

Yes

(6) Where developments have a car park or access laneway to a car park, provide windows, lighting or secondary access doors that address the car park

Complies

Yes

4.12 Outdoor Advertising

None proposed or approved under this proposal.

4.13 Housing Choice and Ancillary Requirements

(1) To achieve a mix of living styles, sizes and layouts, all residential development (or residential component within a mixed development must provide a mix of one bedroom, two bedroom and three bedroom apartments

The proposed development provides a mix of apartments as follows:

 

2 x studio apartment

10 x 1 bedroom apartments.

35 x 2 bedroom apartments.

2 x 3 bedroom apartments.

 

Note: Two (2) x three (3) bedroom dual key apartments have been provided which have been calculated as two (2) x studio apartments and two (2) x two (2) bedroom apartments.

Yes

(2) Residential units must have the minimum net floor area as follows:

1 Bedroom unit = 75sqm

2 Bedroom unit = 100sqm

3 Bedroom unit = 115sqm

 

 

 

1 bedroom units 50 -61sqm

2 bedroom units 76-78sqm

3 bedroom units 107-108sqm

No, however compliant with the ADG requirements

(3) External clothes drying facilities are encouraged. These should be provided in the form of a screened balcony or terrace area.

Not provided. All apartments have space for an internal dryer.

No, however acceptable.

(4) All developments must provide a designated secure storage space (in addition to any areas set aside for off-street parking) to a minimum floor area of 4m2 for each dwelling or unit. The storage space could be incorporated as part of the garage.

Individual storage spaces provided in the basement for all apartments being 4-9sqm.

Yes

 

Specific Precinct Requirements

Railway Parade South Precinct

171.    The Railway Parade South Precinct is located at the end of the Kogarah Town Centre retail strip and is currently occupied by predominantly light industrial and commercial uses.

 

172.    The purpose of this section is to describe the intended use and nature of the built form and the level of amenity achieved within the built environment on Railway Parade between Gray Street and English Street, Kogarah and are in addition to those covered in other relevant sections of Part E1 of the DCP.

 

5 Specific Precinct Requirements

5.6 Railway Parade South Precinct

5.1.3 Site Amalgamation

It is unlikely that the design objectives and principles can be achieved on smaller sized lots, and unlikely that the permitted floorspace ratios will be achieved. Site amalgamations are therefore encouraged to facilitate an appropriate form of development for Railway Parade South, and to ensure that consistent streetscape character, and the integrity of any heritage buildings and facades, can be maintained. Applications for development should comply with the site amalgamations shown in the figure below:

The proposed amalgamation of the three lots is consistent with the anticipated amalgamation pattern established in Section 5.1.3 of the DCP.

Yes

Diagram, engineering drawing

Description automatically generated

Figure 16: Site amalgamation along railway Parade. Subject site is shown as No 6.

5.1.7 Performance Criteria and Design Solutions

Land Use

(1) Encourage mixed-use developments with active uses at the ground floor (commercial, specialist retail, community facilities), commercial at the first floor and residential above

The proposed development provides commercial on the ground and first floors with residential above.

Yes

(2) Commercial uses only are permitted on the ground floor of buildings fronting Railway Parade and in the building return to side streets

Commercial use only on the ground floor.

Yes

(3) Residential uses at the ground floor on Railway Parade or in the building return to side streets are not permitted

No residential uses proposed on the ground floor.

Yes

(4) Residential uses are permitted at the ground floor of side streets in the residue of the study area where there is a minimum 3m setback

N/A No residential uses proposed on the ground floor.

Yes

Building Heights

(6) Establish a two (2) storey street wall height that relates to the scale of the traditional strip retail buildings in the retail precinct of Railway Parade, with the third and fourth storey set back from the Railway Parade frontage

These controls were developed prior to the up zoning and are no longer relevant.

N/A

(7) Provide an appropriate transition to existing lower scale residential development adjacent on side streets and to the rear by permitting a maximum building height of three (3) storeys.

These controls were developed prior to the up zoning and are no longer relevant.

N/A

(8) Allow greater heights at the junction of Railway Parade and English Street (gateway site) to mark the beginning of the approach to the Kogarah Town Centre.

These controls were developed prior to the up zoning and are no longer relevant.

N/A

Floor to Ceiling Heights

(9) Allow for a range of uses including retail, commercial and home offices, at ground level

Commercial uses proposed on the ground and first floor.

Yes

(10) Increase the sense of space in apartments and provide well proportioned rooms

Complies

Yes

(11) Promote the penetration of day lighting into interior spaces.

Complies

Yes

(12) At ground level, floor to ceiling heights should be not less than 3m and not greater than 4m.

Ground floor ceiling height exceeds 4m, however is considered acceptable.

No, however acceptable

(13) At upper levels, floor to ceiling heights should be not less than 2.7m and not greater than 3m to all habitable rooms

Complies

Yes

Building Setbacks

(14) Create a consistent street edge to Railway Parade by aligning all new development to the same front building line, with the exception of heritage items and the significant façade

The proposed building provides a minimum setback of 2m to the external facade of the building consistent with the Block 3 setback controls. An awning extends beyond the property boundary aligning with the adjoining building, which ensures weather protection for pedestrians is provided.

Yes

(15) Provide a 2m front building line setback to visually extend and enhance the public domain and building setting

Complies

Yes

(16) Provide a 3m setback on side streets to enable landscaping in front gardens consistent with residential character

The proposed building is setback 3m from Bowns Road.

Yes

(17) Provide a minimum 3m setback from rear boundaries to protect the amenity of neighbouring residential uses

The ground floor is built to the boundary; however the levels above provide a minimum 3m setback with the exception of the stairs which provide access to and from the level 01 communal open space.

No, however acceptable

Densities

(18) Provide appropriate densities for development whose bulk and scale is consistent with the desired future character of the precinct

The proposal complies with the FSR requirements of KLEP 2012.

Yes

Facade Composition

(22) Break down the scale of large buildings

Complies

Yes

(23) Reinforce a desired pattern characterised by simple, rectilinear building forms, a consistent street wall height, and a balance of horizontal elements (parapet, central area, below-awning area) and vertical elements (subdivision patterns, building bays)

The articulation of the northern and eastern elevations effectively responds to the corner of the site to assist in minimising the bulk and scale through the vertical elements provided.

Yes

(24) Create harmonious, well balanced facades that reflect building uses and activities

Complies

Yes

(25) Retain the pedestrian scale and give continuity to the ‘base’ of the built form.

Complies

Yes

(26) Optimise environmental sustainability and minimise energy consumption through the placement and design of openings and shade systems

Complies

Yes

(27) On Railway Parade, the building mass should be broken up both vertically and horizontally, for example with building bays, openings and entries

Complies

Yes

(28) Strongly model the facades using recessed balconies, projecting bay windows, deeply recessed windows and projecting panels

Generally acceptable

Yes

(29) Design building facades to optimise environmental amenity through sun shading devices, privacy screens and noise barriers combined with useable outdoor areas

Generally acceptable

Yes

(30) Avoid large expanses of blank walls or glass curtain walls

Generally acceptable

Yes

(31) Conceal meter boxes, fire hydrant boosters, sprinkler valves and the like so that they are not visible from the street.

Locations are considered appropriate for use of relevant people and are acceptable.

Yes

Awnings and Verandahs

(32) Enhance pedestrian amenity by providing shade and weather protection

Complies

Yes

(33) Contribute to a sense of safety and security in the public domain

Complies

Yes

(34) Provide awnings along Railway Parade, projecting beyond the front setback over the public footpath where possible

There is awning located along the full frontage of Railway Parade and projects beyond the front setback over the public footpath in Railway Parade.

Yes

(35) Step awnings and other weather protection devices in relation to street level changes and building entrances, and to achieve an appropriate transition to the awnings of any heritage facades.

Complies

Yes

(37) Provide awnings flat or near-flat in shape, with traditional fascia and profile.

Complies

Yes

(38) Provide under awning lighting to enhance safety

Can be provided.

Yes

Built Form

(39) Break down the bulk and scale of buildings fronting Railway Parade South by introducing breaks in the building massing.

Complies, see comments in SEPP 65 and ADG section.

Yes

(40) Optimise residential amenity for new development and existing neighbours through building orientation, setbacks and apartment design

Complies, see comments in SEPP 65 and ADG section.

Yes

(41) Provide appropriate setbacks and transitions in height to heritage buildings

Complies, see comments in SEPP 65 and ADG section.

Yes

(42) Design building depths to optimise natural ventilation and daylight, solar penetration, and visual and acoustic amenity, and to enable buildings to be adapted to different uses overtime

Complies, see comments in SEPP 65 and ADG section.

Yes

Commercial and Retail Frontages

(51) Enable active street frontages.

Complies

Yes

(52) Ensure buildings are of high visual quality, by providing shopfronts and openings that relate in scale and proportion to the overall building massing and height

Complies

Yes

(53) Ensure that the non-retail uses (for example upper level commercial) and their entries do not detract from the retail streetscape while still providing clear and secure address.

Complies

Yes

(54) Preserve the surviving heritage character of whole shop frontages and their elements

Complies

Yes

(55) Design building fronts and entries to be readily apparent from the street and to convey a sense of address.

Complies

Yes

(56) Recess entries to commercial uses a minimum 450mm from the main façade of the building

Complies

Yes

Roofs

(60) Ensure that new development contributes positively to the streetscape.

Complies

Yes

(61) Ensure that roofs, parapets and architectural features of any heritage buildings retain their visual prominence

Complies

Yes

(62) Ensure that roof fixtures for new development do not detract from appreciation of significant features of existing heritage buildings.

Complies

Yes

(63) Design upper level residential storeys to create interesting roof lines and interesting silhouettes. Penthouses are encouraged, using set back upper levels with special fenestration, balconies and pergolas and roof terraces.

Complies

Yes

(64) Roof fixtures are not permitted where they are visible from the street. Fixtures include aerials, vents, chimneys, solar collectors and mobile phone transmitters.

Complies

Yes

(65) Conceal lift over-runs and plant equipment, including satellite dishes, within well designed roof forms

Complies, lift over run and fire stairs are centrally located.

Yes

(66) Where there are heritage buildings, new roofs adjacent are to be flat, skillion or pitched in keeping with the prevailing roof forms

Complies

Yes

(67) No development will be permitted within the roof void.

Complies

Yes

Parking

This has been addressed in Section B4 and the SEPP 65 assessment of this report.

Private Open Space and Balconies

(87) Provide useable private open space at ground level for dwellings fronting side streets in the form of front and/or rear gardens or courtyards.

N/A

N/A

(88) Provide a high standard of outdoor living to residential apartments.

Complies

Yes

(89) Design building facades and apartment layout so that balconies are functional and responsive to environmental conditions

Complies

Yes

(90) Integrate balconies into the overall building form and to enhance the articulation of facades.

Complies

Yes

(91) Balconies on the floor above ground level should appear as recessed spaces behind ‘holes’ in the façade, with solid balustrades provided, to strengthen the consistent two (2) storey street edge

The balcony on the first floor is for the use of the commercial tenancy and is located at the front of the site ensuring minimal impacts upon the amenity of neighbouring properties. It considered to be appropriately designed and articulated consistent with the design of the building. There is an area of communal open space however suitable separation from boundaries has been provided.

Yes

(92) Balustrades above the 1st floor (Level 3 and above) can be a combination of solid and transparent materials

Complies

Yes

(93) Create an active interface between the public and private domain, to encourage casual overlooking and surveillance of the street

Complies

Yes

(94) Provide opportunities for external clothes drying facilities

The design of the development does not provide an area for clothes drying externally, however suitable facilities are contained within each apartment.

No, however acceptable.

(95) Design balconies fronting Railway Parade which are recessed into the façade or enclosed with walls, columns or roofs, to provide sufficient enclosure to protect the amenity of their users.

Balconies have been designed to meet this requirement where possible.

Yes

(96) Rooftop terraces are permitted where they are the primary open space areas associated with a rooftop development (for example a penthouse apartment). Where proposed, they must have direct access to a living area and be level with that living area

Roof top communal open space area has been provided.

No, however consistent with the ADG requirements for providing communal open space.

Public Domain, Landscaping and Communal Open Space

(97) Integrate new development with the surrounding environment by extending paving treatments into the required 2mfrontsetback

Will be subject to Council’s Assets and Infrastructure requirements.

Yes

(98) Select tree and plant species appropriate to soil and microclimate, in particular local indigenous or Australian native plant species.

The landscape plan is satisfactory in this regard.

Yes

(99) Where appropriate, incorporate deep soil areas within the development to accommodate large trees and provide for stormwater infiltration

Complies

Yes

(100) Design podium areas to sustain planting for communal open spaces

Communal open space areas provided at Level 01 and the rooftop provides suitable planting.

Yes

Services Infrastructure and Stormwater Management

(101) Reduce visual intrusion and enhance amenity by integrating undergrounding of services and infrastructure in new development

Condition of consent requiring underground cabling.

Yes

(102) Provide adequate drainage, services and facilities to new development.

Council’s drainage engineer has reviewed the proposed drainage for the site and raised no objection subject to suitable conditions.

Yes

5.1.8 Block Controls

 

 

Block 3 – Block bounded by Bowns Road, Railway Parade and Blake Street

Diagram, engineering drawing

Description automatically generated

Figure 17: Block 3 – 206-216 Railway Parade, Kogarah

Amalgamation Requirements

The amalgamation requirements contained within the table below apply to Block 3:

Site

Address

Site F

206-214 Railway Parade

Site G

218 Railway Parade

Site H

232-246 Railway Parade 

 

The subject development includes the sites as listed in Site F.

Front Setback (Railway Parade)

Ground Floor

Min 2m setback

2m

Yes

First Floor

Commercial min 2m

 

Balconies/terraces are permitted within the residential setback, but only in the form of punched openings in the façade.

>2m

 

Yes

Second Floor and above

Minimum 5.5m

(Of this 5.5m, 2.5m is to be setback to the edge of balconies /terraces with an articulation zone of 3m)

3m proposed

No, however considered acceptable.

Setback to side street

3m minimum

3m proposed

Yes

Rear Setback

3m plus ¼ the amount that the wall height exceeds 3m

The proposed development is consistent with the minimum building separation requirements of the ADG.

No, this control is superseded by the ADG

Setbacks between buildings (between boundaries)

Ground floor

(Build to boundary)

South west (side)

South east (rear)

 

 

Nil

Varies from 3m to 14.93m

 

 

Yes

No, however subject to ADG requirements.

First Floor

(build to boundary)

South west (side)

South east (rear)

 

 

Nil

Varies from 3m to 14.93

 

 

Yes

No, however subject to ADG requirements

Second Floor and above

(min 3m to provide break in building massing)

South west (side)

South east (rear)

 

 

 

Nil

Varies from 3m to 14.93

 

 

 

Yes

No, however subject to ADG requirements

Land uses (fronting Railway Parade and side streets)

Ground floor

Active use such as specialty retail/commercial

Commercial/Retail proposed on the ground floor with frontages to both Railway Parade and Bowns Road.

Yes

First Floor

Commercial or Residential

Commercial proposed.

Yes

Second Floor and above

Residential/commercial (Level 3 and Level 4)

Residential proposed.

Yes

Density

Not relevant this is superseded by KLEP 2012.

Building Heights

Not relevant this is superseded by KLEP 2012.

Vehicular entry

For development sites F and H, vehicular access is to be provided from Bowns Road/Blake Street

Vehicular access is proposed from Bowns Road.

Yes

Car Parking

Refer to Section B4

Awnings

Development fronting Railway Parade and within 20m from its intersection is to provide a suspended awning across the full frontage of the development.

Awning proposed and conditioned to be returned along Bowns Road.

Yes

 

Georges River Development Control Plan 2020 (Interim Policy)

173.    The Interim Policy is a supplementary document, meaning that the current Development Control Plan controls continue to apply if a particular control is not specified in the Interim Policy, or if it is still considered best practice. All operative Development Control Plans still legally apply. Whilst the Interim Policy has no statutory recognition in the assessment of a Development Applications pursuant to the Environmental Planning and Assessment Act 1979, the policy was used as a guide as it is an endorsed position of the Council.

 

174.    The proposal is generally consistent with relevant requirements in this policy.

 

Impacts

Natural Environment

175.    The proposed development is unlikely to result in adverse impacts to the natural environment. The site contains several trees which are required to be removed as part of the development. Council’s arborist required that the applicant undertake a Thyer method of tree valuation assessment to value the trees as part of consenting to their removal. These tree reports were reviewed by Council’s arborist and appropriate conditions have been imposed.

 

176.    A Landscape Plan prepared by a qualified landscape architect has been prepared for the development which shows appropriate planting and suitable landscaping to the communal open space on the rooftop and also within the Level 01 communal open space.

 

177.    The proposed excavation to the site is for the purposes of providing three (3) levels of basement for car parking. The excavation is consistent with that required for most new developments.

 

Built Environment

178.    The proposed redevelopment will provide for the urban renewal of a large consolidated site within the Kogarah Town Centre that will contribute positively to the building stock within the area with a harmonious built form. The siting, scale, bulk, and massing of the development is generally consistent with that anticipated for the site and represents an appropriately designed development which will contribute positively to the character of the area.

 

179.    The building has introduced a highly modulated and articulated front façade treatment along Railway Parade with a transition to the sites in Bowns Road to create a landmark development benefiting the local and regional community.

 

180.    The proposed development incorporates appropriate design elements to ameliorate potential amenity impacts to adjoining properties.

 

Social Environment

181.    The proposed development is of a scale and form that is consistent with modern developments which is unlikely to result in adverse social impacts.

 

Economic Environment

182.    The proposed development will have no adverse economic impact in fact it will benefit in the longer term the sustainability of the Kogarah Town Centre and will in the immediate term contribute to maintaining jobs in the construction industry.

 

183.    The proposed development will provide temporary employment through the construction of the development. In addition, the proposal will restore and increase employment associated with the use of the site.

 

Suitability of the Site

184.    It is considered that the proposed development is of a scale and design that is suitable for the site. It is a permissible use in the zone. Having regards to its size, shape, topography, vegetation and relationship to adjoining developments, the subject site does not contain any impediments that would preclude it or compromise its suitability for the intended land use as proposed.

 

SUBMISSIONS, REFERRALS AND THE PUBLIC INTEREST

185.    The application was advertised for a period of twenty eight (28) days between 1 July 2020 and 29 July 2020 in accordance with the Kogarah Development Control Plan. Twelve (12) submissions have been received.

 

Note: Of the twelve (12) submissions received:

·      Four (4) submissions were received from the same person on 29, 30 July and 9 and 18 August 2020.

·      Three (3) submissions were received from another neighbouring property owner on 17, 29 and 30 July 2020.

 

186.    The concerns raised are summarised below.

 

·      Privacy impacts from balconies of Unit 101 of the proposed development.

187.    Comment: Level 1 of the proposed development has been modified and does not contain any residential apartments. This level is now occupied by commercial floor space and a communal open space towards the rear.

 

·      Traffic issues, increase congestion and conflicts generated.

188.    Comment: Increased traffic congestion and reduced parking around the development site and other connecting roads are raised as concerns by residents within the Kogarah area. It is inevitable that the proposal will increase traffic volumes, particularly during the peak hour traffic periods. However, given that the proposal complies with the maximum total permitted floor space across the site, such traffic generation is considered reasonable and consistent with what was envisaged when the precinct was upzoned.

 

189.    The development exceeds the carparking required for the development enabling all those, living, working and accessing the uses in the future can be accommodated within the confines of the development.

 

·      The bulk and scale is out of scale with the existing streetscape

190.    Comment: The bulk and scale of the proposed development has been raised as a concern. This area has been rezoned for the development site altering the planning controls applicable to the site permitting buildings with a height up to 39m and a floor space ratio of 4:1. The bulk and scale of the building is consistent with the control for the B4 Mixed Use zoning, and the envelope and form envisaged by the up-zoning.

 

·      Impact on the heritage items on Railway Parade.

191.    Comment: Council’s Heritage Advisor has reviewed the proposal and is satisfied that the proposal will not have an adverse impact on the listed items

 

·      Impact on excavation.

192.    Comment: The recommendations in the Geotechnical Report submitted with the DA will be included as conditions of consent.

 

·      The proposal does not comply with the maximum FSR permitted.

193.    Comment: The plans have been amended and the proposal now complies with the maximum 4:1 FSR for the subject site.

 

·      The proposal does not comply with the maximum Building Height permitted.

194.    Comment: The proposal although non-complaint with the maximum building height, the areas that are non-compliant relate to the lift over run, fire stairs and associated services used in conjunction with the rooftop communal open space. A clause 4.6 objection has been submitted in support of this variation and this has been supported for the reasons outlined in the report.

 

·      The proposal does not comply with the maximum FSR permitted.

195.    Comment: The plans have been amended and the proposal now complies with the maximum 4:1 FSR for the subject site.

 

·      The proposed roof top garden is a detrimental feature of the development and the proposal lacks deep soil zones and landscaping.

196.    Comment: The provision of a roof top communal open space area is a design feature that is encouraged by the ADG where developments are unable to provide communal open space at ground level. Although there are no deep soil zones proposed the development has provided a suitable landscape plan, which incorporates suitable landscaping in and around the site to the satisfaction of Council’s Arborist.

 

·      Dilapidation Reports should be provided for the adjoining sites.

197.    Comment: Conditions of consent will be imposed requiring that pre-construction dilapidation reports be undertaken with copies provided to the property owner and Council and a post construction dilapidation report be undertaken also.

 

·      Noise and dust pollution.

198.    Comment: Appropriate conditions of consent will be imposed requiring that the building employ suitable noise and dust measures to minimise impacts upon neighbouring properties.

 

·      Overshadowing.

199.    Comment: The shadow diagrams submitted indicate that compliance with the minimum requirements will be achieved.

 

·      Loss of views from apartments.

200.    Comment: The adjoining development at 218-222 Railway Parade has a blank wall constructed to the boundary adjoining the subject development. Any views would be directed towards the front and rear of the site which would not be affected by the proposed development. Any views to the north east and south east would already be partially restricted by their own development. Given the up zoning it is anticipated that a development of this scale and size would be constructed on this site.

 

REFERRALS

201.    The application was referred to a number of external agencies and internal officers for comment as follows.

 

Council Referrals

Development Engineer

202.    Council’s Development Engineer reviewed the proposal. Conditions of development consent have been imposed.

 

Traffic Engineer

203.    The DA was referred to Council’s Traffic Engineer. Council’s Traffic Engineer who has raised no objection to the proposal subject to suitable conditions of development consent.

 

Assets and Infrastructure

204.    Council’s Assets and Infrastructure Section reviewed the proposed development in relation to public domain works and raised no objection to the proposal subject to suitable conditions of development consent. The condition would require a public domain plan to be lodged and approved by Council’s Assets and Infrastructure Division prior to the issue of the Construction Certificate. As part of these conditions the applicant is to discuss the layout for public domain works with Council’s Assets and Infrastructure staff prior to preparing designs.

 

Consultant Arborist

205.    Council’s Consultant Arborist has reviewed the landscape plan and arborist report submitted with the application. No objection is raised to the proposal subject to conditions of development consent.

 

Urban Designer

206.    Council’s Consultant Urban Designer has reviewed the proposal and provided detailed comments on the revised proposal. The concerns raised have been addressed through amended plans.

 

Coordinator of Environment Sustainability and Waste

207.    The application was referred to Council’s Coordinator of Environment Sustainability and Waste for assessment and review. The Waste Officer has advised that the proposed arrangements for ongoing waste management are acceptable and have provided conditions of development consent.

 

Environmental Health Officer

208.    Council’s Environmental Health Officer has reviewed the Noise Impact Assessment Report and raised no objection to the proposal subject to conditions of consent.

 

Heritage Advisor

209.    Council’s Consultant Heritage Advisor has reviewed the proposed development and has raised no objection to the proposal subject to suitable conditions of development provided.

 

External Referrals

Ausgrid

210.    The application was referred to Ausgrid in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Comments were received from Ausgrid and they have raised no objection to the proposed development.

 

Sydney Airport and CASA (Civil Aviation Safety Authority)

211.    The application is supported subject to specific conditions relating to the height limitation for the building and any construction equipment (such as cranes). The building must not exceed a maximum height of 70.32 metres AHD, inclusive of all lift over runs, vents, chimneys, aerials, antennas, lightning rods, any roof top garden plantings, exhaust flues etc.” The application does not exceed this criterion.

 

NSW Ambulance

212.    The proposal was referred to NSW Ambulance for comment. They have reviewed the Aviation Impact Assessment Report and raised no objection to the proposed development.

 

NSW Police

213.    The proposal was referred to NSW Police for comment. No objection is raised subject to conditions provided.

 

Sydney Trains

214.    The application was referred to Sydney Trains in accordance with Clause 86 of State Environmental Planning Policy (Infrastructure) 2007. Sydney Trains have reviewed the proposal and provided their concurrence subject to specific conditions of development provided.

 

Developer Contributions

215.    The proposed development if approved would require the payment of developer contributions under Section 7.11 of the Environmental Planning and Assessment Act 1979 as the proposal is increasing the density of the locality. Conditions of development consent have been recommended should the application be supported.

 

CONCLUSION

216.    The proposal seeks consent for demolition works, lot consolidation, site preparation and construction of a twelve (12) storey mixed use development containing ground floor and first floor commercial floor space and 49 residential apartments above three (3) levels of basement containing 75 car spaces, level one (1) and roof top communal open space, landscaping and site works on Lot 23 DP 2013, Lot 24 DP 2013 and Lot 25 DP 2013 and known as 206 – 214 Railway Parade, Kogarah.

 

217.    The proposal has been assessed in accordance with Section 4.15 (1) of the Environmental Planning and Assessment Act, 1979. As discussed throughout this report, the proposal is considered a form of development which is compatible with its surrounding environment. The proposal is not considered to exacerbate physical environmental impact of the adjoining and immediate locality. In addition, it is considered that the proposed is within character and is capable of existing harmoniously within its surroundings.

 

218.    The proposal has been assessed against the provisions of the Kogarah Local Environmental Plan 2012 and Kogarah Development Control Plan 2013.

 

219.    The proposal satisfies the key planning controls in the Kogarah Local Environmental Plan apart from Clause 4.3 Height of Buildings development standard. A Clause 4.6 Statement has been submitted with the application justifying the variation, in this case it is considered to be unreasonable and unnecessary in the circumstance of this case and sufficient environmental Planning grounds have been demonstrated to contravene the control in this instance.

 

220.    The proposed development design satisfies the objectives of both the Building Height Development control and the zone objectives for the site and the Clause 4.6 Statement and is considered to be well founded and in the public interest as there will not be any direct adverse environmental impacts generated by the variation sought. The proposal satisfies the requirements of Clause 4.3 of the Kogarah Local Environmental Plan 2012.

 

221.    Operationally, the proposal will not result in any unreasonable impacts on the amenity of adjoining properties subject to conditions of consent as recommended below.

 

222.    The application is recommended for approval subject to conditions.

 

DETERMINATION AND STATEMENT OF REASONS

223.    Statement of Reasons

·      The proposed development complies with the requirements of the relevant environmental planning instruments except in the height of the development. A Clause 4.6 exception has been submitted in support of the application which is considered acceptable having regard to the justification provided in the report above.

·      The proposed development satisfies the objectives of the B4 Mixed Use zone of Kogarah Local Environmental Plan 2012 which emphasises the need to provide a mixture of compatible uses, create an active, vibrant and sustainable town centre, whilst also encouraging economic growth and employment opportunities.

·      The proposed development is not considered to be incompatible with surrounding development and surrounding land uses.

·      The building will not unreasonably affect the amenity of any immediately adjoining properties in terms of unreasonable overlooking, overshadowing or view loss.

·      The proposed development is well considered and sensitively designed so that it will not result in any unreasonable impact on the natural and built environment.

·      The proposed development is not considered incompatible with the character of the locality and is capable of existing harmoniously with its surroundings.

·      The proposed development is located within the Kogarah Town Centre and is consistent with the desired future character of the precinct by providing a high density shop top housing development consistent with adjoining development.

·      The proposal is not inconsistent with the provisions of the Draft Georges River Local Environmental Plan 2020.

 

DETERMINATION

224.    THAT Georges River Local Planning Panel, as the consent authority, support the request for variation under Clause 4.6 of Kogarah Local Environmental Plan 2012, in relation to the Height of Buildings (Clause 4.3) as the variation sought is considered to be well founded and in the public interest as there will not be any direct or adverse environmental impacts generated by the variation sought.

 

225.    THAT pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) the Georges River Local Environmental Planning Panel grants consent to DA2020/0236 for demolition works, lot consolidation, site preparation and construction of a twelve (12) storey mixed use development containing ground floor and first floor commercial floor space and 49 residential apartments above three (3) levels of basement containing 75 car spaces, level one (1) and roof top communal open space, landscaping and site works  on Lot 23 DP 2013, Lot 24 DP 2013 and Lot 25 DP 2013 and known as 206 – 214 Railway Parade, Kogarah, subject to the following conditions:

 

Conditions of consent

 

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

Cover sheet

DA 000

02.06.2021

J

Fuse Architects

Legend and BASIX

DA 001

02.06.2021

I

Fuse Architects

Location Plan

DA 002

02.06.2021

F

Fuse Architects

Site Analysis

DA 003

02.06.2021

F

Fuse Architects

Planning Analysis

DA 004

02.06.2021

F

Fuse Architects

Context Analysis

DA 005

02.06.2021

F

Fuse Architects

Planning Diagrams

DA 006

02.06.2021

F

Fuse Architects

Building Separation Analysis

DA 007

02.06.2021

F

Fuse Architects

Envelope Transition

DA 008

02.06.2021

G

Fuse Architects

Site Plan

DA 009

02.06.2021

F

Fuse Architects

Streetscape Analysis

DA 010

02.06.2021

F

Fuse Architects

Demolition Plan

DA 011

02.06.2021

F

Fuse Architects

Basement 3 Plan

DA 101

02.06.2021

J

Fuse Architects

Basement 2

Plan

DA 102

02.06.2021

J

Fuse Architects

Basement 1

Plan

DA 103

02.06.2021

I

Fuse Architects

Ground Floor Plan

DA 104

02.06.2021

J

Fuse Architects

Level 01 Plan

DA 105

02.06.2021

J

Fuse Architects

Level 02 Plan

DA 106

02.06.2021

I

Fuse Architects

Level 03 Plan

DA 107

02.06.2021

H

Fuse Architects

Level 04 Plan

DA 108

02.06.2021

H

Fuse Architects

Level 05 Plan

DA 109

02.06.2021

H

Fuse Architects

Level 06 Plan

DA 110

02.06.2021

H

Fuse Architects

Level 07 Plan

DA 111

02.06.2021

H

Fuse Architects

Level 08 Plan

DA 112

02.06.2021

H

Fuse Architects

Level 09 Plan

DA 113

02.06.2021

H

Fuse Architects

Level 10 Plan

DA 114

02.06.2021

H

Fuse Architects

Level 11 Plan

DA 115

02.06.2021

H

Fuse Architects

Level 12 Plan

DA 116

02.06.2021

H

Fuse Architects

Roof Plan

DA 117

02.06.2021

H

Fuse Architects

East Elevation

DA 201

02.06.2021

H

Fuse Architects

North Elevation

DA 202

02.06.2021

H

Fuse Architects

West Elevation

DA 203

02.06.2021

H

Fuse Architects

South Elevation

DA 204

02.06.2021

H

Fuse Architects

Section AA

DA 301

02.06.2021

G

Fuse Architects

Section BB

DA 302

02.06.2021

H

Fuse Architects

Driveway Section

DA 303

02.06.2021

F

Fuse Architects

Unit Types

Sheet 1

DA 310

02.06.2021

G

Fuse Architects

Unit Types

Sheet 2

DA311

02.06.2021

G

Fuse Architects

Unit Types

Sheet 3

DA311B

02.06.2021

A

Fuse Architects

Adaptable Unit Type

DA312

02.06.2021

G

Fuse Architects

GFA Diagrams

DA 501

02.06.2021

F

Fuse Architects

Landscape Area Diagrams

DA 502

02.06.2021

H

Fuse Architects

SEPP 65

Natural Ventilation

DA 601

02.06.2021

F

Fuse Architects

SEPP 65

Daylight Access

DA 602

02.06.2021

F

Fuse Architects

SEPP 65

South Facing

DA 603

02.06.2021

F

Fuse Architects

LEP Height

Plane

DA 604

02.06.2021

I

Fuse Architects

Materials and Finishes Schedule

-

-

-

Fuse Architects

Photomontage

DA800

18.03.2021

D

Fuse Architects

Landscape Plan – Ground Floor

LA LP 101/03

14.05.20

03

Black Beetle Landscape Architecture and Design

Landscape Plan – Level 01

LA LP 102/03

14.05.20

03

Black Beetle Landscape Architecture and Design

Landscape Plan – Level 02

LA LP 103/03

14.05.20

03

Black Beetle Landscape Architecture and Design

Landscape Plan –

Level 03 - 07

LA LP 104/02

14.05.21

02

Black Beetle Landscape Architecture and Design

Landscape Plan -Level 08

LA LP 105/03

14.05.20

03

Black Beetle Landscape Architecture and Design

Landscape Plan – Level 09

LA LP 106/03

14.05.20

03

Black Beetle Landscape Architecture and Design

Landscape Plan Level 10

LA LP 107/03

14.05.21

03

Black Beetle Landscape Architecture and Design

Landscape Plan Level 11

LA LP 108/03

14.05.21

03

Black Beetle Landscape Architecture and Design

Landscape Plan - Roof

LA LP 109/04

14.05.21

04

Black Beetle Landscape Architecture and Design

Landscape Plan – Notes, legend and plant schedule.

LA LP 110/03

15.05.21

03

Black Beetle Landscape Architecture and Design

 

2.         Fit out of commercial premises - No approval is granted for the use or fit-out of any of the commercial premises. Separate Development consent for the use and fit out of each commercial tenancy is required prior to the occupation of any commercial component of the development.

 

3.         Signage - A separate application shall be submitted to Council prior to the erection of any signage unless the proposed signage is ‘exempt development’ under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 or any other applicable environmental planning instrument.

 

Separate Approvals Required Under Other Legislation

 

4.         Vehicular Crossing - Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

 

(a) Construct a full width (boundary to kerb) footpath area in paving material for the full length of all frontages of the site in accordance with Council’s Specifications applying at the time construction approval is sought.

(b) The thickness and design of the driveway shall be in accordance with Council’s Specifications applying at the time construction approval is sought.

(c)  Construct a new 150mm high concrete kerb with 450mm wide gutter for the full frontage(s) of the site in accordance with Council’s Specifications for kerb and guttering, applying at the time construction approval is sought.

(d) Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the applicant.  The work shall be carried out in accordance with Council’s specification, applying at the time construction approval is sought.

 

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the commencement of those works

 

5.         Building - Hoarding Application Prior to demolition of the buildings on the site, or the commencement of work above ground level, a separate application for the erection of an ‘A class’ (fence type) or a ‘B class’ (overhead type) hoarding or ‘C type’ scaffold, in accordance with the requirements of SafeWork NSW, must be erected along that portion of the footways/roadway where the building is within 3 metres of the street boundary. An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

 

The following information is to be submitted with a Hoarding Application under Section 68 of the Local Government Act 1993 and Section 138 of the Roads Act 1993:

 

(a) A site and location plan of the hoarding with detailed elevation, dimensions, setbacks, heights, entry and exit points to/from the site, vehicle access points, location of public utilities, electrical overhead wire protection, site management plan and builders sheds location.

(b) Hoarding plan and details that are certified by an appropriately qualified engineer; and

(c)  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

(d) A Public Risk Insurance Policy with a minimum cover of $20 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.

(e) The application must be endorsement by the Roads & Maritime Services (RMS) as the hoarding is located within 100m of an intersection with traffic lights. For assistance you should contact the DA unit at RMS and speak to Hans on 88492076. Or email hans.pilly.mootanah@rms.nsw.gov.au to obtain concurrence for the hoarding structure.

 

6.         Below Ground anchors Information to be submitted with S68 Application under LGA 1993 and S138 Application under Roads Act 1993 - In the event that the excavation associated with the basement carpark is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways, an application must be lodged with Council under Section 68 of the Local Government Act 1993 and the Roads Act 1993 for approval, prior to commencement of those works. The following details must be submitted.

 

(a)     That cable anchors will be stressed released when the building extends above ground level to the satisfaction of Council.

(b)     The applicant has indemnified Council from all public liability claims arising from the proposed works and provide adequate insurance cover to the satisfaction of council.

(c)     Documentary evidence of such insurance cover to the value of $20 million.

(d)     The applicant must register a non-terminating bank guarantee in favour of Council in accordance with Council’s fees and charges. The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released.

(e)     That in the event of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors will be borne by the applicant.

 

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

 

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

 

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

 

(a)     Placing or storing materials or equipment;

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

(c)     Erecting a structure or carrying out work

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

(e)     Pumping concrete from a public road;

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

(g)     Constructing a vehicular crossing or footpath;

(h)     Establishing a “works zone”;

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

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

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

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

 

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

 

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

 

8.         Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the RMS, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

 

Requirements of Concurrence, Integrated & Other Government Authorities

 

9.         Sydney Trains - The proposed development shall be carried out in accordance with the following requirements as detailed in their concurrence letter dated 2 September 2020:

 

(a) Prior to the issuing of a Construction Certificate, the Applicant is to submit to Sydney Trains for review, comment and written endorsement the following items:

 

·    A Geotechnical Engineering report, Structural Report and Drawing for review by Sydney Trains. The report shall demonstrate that the development has no negative impact on the rail corridor or the integrity of the infrastructure through its loading and ground deformation and shall contain structural design details/analysis for review by Sydney Trains. The report shall include the potential impact of demolition and excavation, and demolition- and excavation-induced vibration in rail facilities, and loadings imposed on Sydney Trains Facilities by the development.

 

·    If required by Sydney Trains, and FE analysis which assesses the different stages of excavation and construction of the site and its effect on the rock mass surrounding the rail corridor.

 

The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

 

(b) Prior to the issue of a Construction Certificate, the Applicant shall provide an accurate survey locating the development with respect to the rail boundary and rail infrastructure. This work is to be undertaken by a registered surveyor, to the satisfaction of Sydney Trains representative.

 

(c)  Prior to the issue of a Construction Certificate, the Applicant shall undertake a services search to establish the existence and location of any rail services. Persons performing the service search shall use equipment that will not have any impact on rail services and signalling. Should rail services be identified within the subject development site, the Applicant must discuss with Sydney Trains as to whether these services are to be relocated or incorporated within the development site

 

(d) Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate. The Principal Certifying Authority must ensure that the recommendations of the electrolysis report are incorporated in the construction drawings and documentation prior to the issuing of the relevant Construction Certificate.

 

(e) Prior to the issue of an Occupation Certificate (whether an interim or final Occupation Certificate), a report must be prepared and submitted to the Certifying Authority, Council and Sydney Trains certifying that the completed development meets the requirements of State Environmental Planning Policy (Infrastructure) 2007 and with the Department of Planning and Infrastructure’s Development Assessment Guideline titled “Development Near Rail Corridors and Busy Roads - Interim Guidelines” as set down in the subject condition of this consent. Such a report must include external and internal noise levels to ensure that the external noise levels during the test are representative of the typical maximum levels that may occur at this development, and that internal noise levels meet the required dB(A) levels. Where it is found that internal noise levels are greater than the required dB(A) level, necessary corrective measures must be carried out to ensure that internal noise levels are compliant with the requirements of this consent.

 

(f)  If required by Sydney Trains, prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on rail corridor. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied

 

(g) Prior to the issuing of a Construction Certificate the Applicant must submit to Sydney Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements. If required by Sydney Trains, the Applicant must amend the plan showing all craneage and other aerial operations to comply with all Sydney Trains requirements. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from the Sydney Trains confirming that this condition has been satisfied

 

(h) The Applicant must ensure that at all times they have a representative (which has been notified to Sydney Trains in writing), who:

·    oversees the carrying out of the Applicant’s obligations under the conditions of this consent and in accordance with correspondence issued by Sydney Trains;

·    acts as the authorised representative of the Applicant; and

·    is available (or has a delegate notified in writing to Sydney Trains that is available) on a 7 day a week basis to liaise with the representative of Sydney Trains, as notified to the Applicant.

 

(i)   Without in any way limiting the operation of any other condition of this consent, the Applicant must, during demolition, excavation and construction works, consult in good faith with Sydney Trains in relation to the carrying out of the development works and must respond or provide documentation as soon as practicable to any queries raised by Sydney Trains in relation to the works.

 

(j)   Where a condition of consent requires consultation with Sydney Trains, the Applicant shall forward all requests and/or documentation to the relevant Sydney Trains external party interface team. In this instance the relevant interface team is Central and they can be contacted via email on Illawarra_Interface@transport.nsw.gov.au.

 

(k)  Where a condition of consent requires Sydney Trains or Transport for NSW endorsement the Principal Certifying Authority is not to issue a Construction Certificate or Occupancy Certificate, as the case may be, until written confirmation has been received from those entities that the particular condition has been complied with. The issuing of staged Construction Certificates dealing with specific works and compliance conditions can be issued subject to written agreement from those entities to which the relevant conditions applies.

 

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

 

11.      Notice of Requirements for a Section 73 Certificate - A Notice of Requirements of what will eventually be required when issuing a Section 73 Compliance Certificate under the Sydney Water Act 1994  http://legislation.nsw.gov.au/  must be obtained from Sydney Water Corporation.  Application must be made through an authorised Water Servicing Co-ordinator.  Please refer to the ‘Plumbing, building and developing’ section of the web site www.sydneywater.com.au http://www.sydneywater.com.au then refer to ‘Providers’ under ‘Developing’ 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 prior to the commencement of work. A Section 73 Compliance Certificate will be required at the completion of development in accordance with further conditions.

 

12.      Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The owner shall bear the cost of any relocation or modification required to any Public Utility Authority assets including telecommunication lines & cables and restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.

 

13.      Electricity Supply to development - All existing overhead power lines within or at the immediate street frontage to the development site shall be relocated underground to Energy Australia standards and specifications. If not practicable to relocate the power line underground, arrangements shall be made with Energy Australia to place the conduit to carry those power lines underground so that they can be utilised at a later date by Energy Australia. In this regard all associated costs shall be borne by the applicant

 

14.      Trade Waste Agreements - A Trade Waste Agreement with Sydney Water may be required. Details of any work required to comply with the agreement must be detailed on the plans lodged with the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water to this effect must be submitted with the application for the Construction Certificate.

 

15.      Department of Infrastructure, Regional Development and Cities - In accordance with The Airports (Protection of Airspace) Regulations 1996, regulation 14(1) (b), by the Department of Infrastructure, Regional Development and Cities imposes the following conditions on any approval:

 

a)      The building must not exceed a maximum height of 70.32 metres AHD, this includes all lift over-runs, vents, chimneys, aerials, antennas, lightning rods, any rooftop garden plantings, exhaust flues etc.

 

b)      The building must be obstacle lit by low density steady red lighting during the hours of darkness at the highest point of the building. Obstacle lights are to be arranged to ensure the building can be observed in a 360 degree radius as per Chapter 9 of the Civil Aviation Safety Regulations 1998 – Part 139 (Aerodromes) Manual of Standards 2019 (the MOS). Characteristics for low intensity lights are stated in section 9.32 of the MOS.

 

c)      Following completion of the building, the Proponent must advise SACL, in writing:

 

·        That the future owner(s)/manager(s) of the building have been informed of their obligation to maintain the obstacle lighting in accordance with conditions of this approval; and

·        The contact details of the person/position responsible for the maintenance of the obstacle lighting. These details must be reviewed regularly and kept up to date.

 

d)      The Proponent must ensure the obstacle lighting is monitored. For detailed requirements for the monitoring of obstacle lights within the aerodrome’s OLS refer to section 9.36 of the MOS.

 

e)      The proponent must ensure obstacle lighting is maintained in serviceable condition and any outage immediately notified to SACL.

 

f)       Separate approval must be sought under the Regulations for any equipment (i.e. cranes) required to construct the building. Construction cranes may be required to operate at a height significantly higher than that of the proposed controlled activity and consequently, may not be approved under the Regulations. Therefore, it is advisable that approval to operate construction equipment (i.e. cranes) must be obtained prior to any commitment to construct.

 

g)      The Proponent must advise Airservices Australia at least three business days prior to the controlled activity commencing by emailing ifp@airservicesaustralia.com and quoting YSSY-CA-367.

 

h)      On completion of construction of the building, the applicant must provide Georges River Council and the airfield design manager with a written report from a certified surveyor on the finished height of the building.

 

Breaches of approval conditions are subject to significant penalties under Sections 185 and 187 of the Act.

 

16.      NSW Ambulance - Critical to our ongoing operations and flight safety in and around St George Hospital, crane lighting during the construction period should be as described below:

 

The illumination requirements for cranes in the vicinity of a Hospital HLS are detailed below.

 

The crane tower and jib are to be illuminated in the following manner for the duration of the period the crane is erected – including periods where the site is inactive.

 

From recent crane/helicopter scenarios across the network, the following crane lighting requirements have been developed that provide good situational awareness to Helicopter pilots/crew with and without NVG.

 

Lesser lighting gets lost in the background lighting (houses, traffic lights, vehicle break lights) when viewed from above.

 

As a minimum for all tower cranes:

 

·    Top of crane A frame or cabin: medium intensity flashing red obstruction light (night) and white by day.

·    Both ends of Jib: medium intensity red obstruction light (night) and white by day.

·    Along Jib: line of white LED fluoro on a PE cell along the full length of the jib, and

·    Tower section: stairway lights or spot lights attached to the top of the tower pointing down and onto the tower (not up into pilot eyes).

 

The LED jib Fluro details are:

 

·    Lights used: LED WEATHER PROOF EMERGENCY FLUROS (minimum 90 minute battery back up).

·    Lights are controlled via a PE Cell.

 

Prior to the Issue of a Construction Certificate

 

17.      Communal Open Space - A Plan of Management (POM) for use of rooftop open space must be submitted to and approved by the PCA prior to the issue of any Construction Certificate, with a copy stamped as received by the PCA provided to Council. The POM must outline the:

 

(i)      hours of use of the rooftop communal open space and the Level 01 communal open space, which shall be restricted to between 8am to 10pm;

(ii)     maximum number of 25 users at any one time in each communal open space area

(iii)    provisions that no amplified music to be played; and

(iv)    identify other measures to ensure that the amenity and safety of persons within the development and in nearby existing and future development is maintained.

(v)     Location and type of signage to be installed in the building to notify residents and visitors in respect to the use of this space.

(vi)    The approved POM shall be incorporated into the Owners Corporation by-laws in any future Strata subdivision and a sign in the front entry of the building shall be included to ensure the use of this space is monitored and understood by all occupants.

 

The development must be carried out in accordance with this POM at all times.

 

18.      Public Domain Plans - The applicant is required to submit Public Domain Plans which are to consist of full civil engineering drawings to Australian Standards. These plans are to be inclusive of new kerbing long sections, cross sections, driveway, drainage, paved footpath, landscape and tree pits and in accordance with Council’s “Public Domain Streetscape Works Specification.”

 

The Public Domain works shall be constructed in accordance with the approvals and specifications issued under the “Application for Driveway Crossing and Associated Works on Council Road Reserve” Roads Act 1993 Section 138 Approval issued by Council’s Assets and Infrastructure Division. Applications to be made at the Georges River Council Customer Service Centre.

 

The Plan must be approved by Council’s Assets and Infrastructure Division prior to the issue of Construction Certificate. In this regard it is recommended the applicant liaise with Councils Assets and Infrastructure staff prior to preparing the public domain works design criterion.

 

The driveway and frontage works are to be completed before the issue of the Occupation Certificate

 

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

 

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

 

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

 

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

 

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

 

Fee Type

Fee

GENERAL FEES

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

Builders Damage Deposit

$80,525.40

(Calculation is based on $1236 per metre of street frontage as follows:

Railway Parade – 28.575m

Bowns Road – 36.575m)

Inspection Fee for Refund of Damage Deposit

$742.00

DEVELOPMENT CONTRIBUTIONS

Kogarah Section 94 Development Contributions Plan No 5 – Open Space

$852,516.74

Kogarah Section 94 Development Contributions Plan No 8 – Kogarah Town Centre – Traffic Facilities

$5,400.21

Kogarah Section 94 Development Contributions Plan No 8 – Kogarah Town Centre – Community Facilities

$14,842.37

Kogarah Section 94 Development Contributions Plan No 9 – Kogarah Libraries – Buildings

$13,833.05

Kogarah Section 94 Development Contributions Plan No 9 – Kogarah Libraries - Books

$9,863.29

Total S94 Contributions

$896,455.66

 

General Fees

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

 

Development Contributions

The Section 94 contribution is imposed to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

 

Indexation

The above contributions will be adjusted at the time of payment to reflect changes in the cost of delivering public amenities and public services, in accordance with the indices provided by the relevant Section 94 Development Contributions Plan.

 

Timing of Payment

The contribution must be paid and receipted by Council prior to the release of the Construction Certificate.

 

·    If no Construction Certificate in respect of the erection of any building to which the consent relates has been issued on or before 25 September 2022, the monetary contribution must be paid before the issue of the first Construction Certificate after that date for any such building.

 

Note: Prior to the issue of any Occupation Certificate, written confirmation from Council’s delegate that all outstanding s7.11 contributions have been paid, is to be obtained and provided to the satisfaction of the PCA.

 

Further Information

A copy of the all current Development Contributions Plans may be inspected or a copy purchased at Council’s offices (Georges River Civic Centre, MacMahon Street, Hurstville and Kogarah Library and Service Centre, Kogarah Town Square, Belgrave Street, Kogarah) or viewed on Council’s website www.georgesriver.nsw.gov.au.

 

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

 

(a)     Pay Council, before the issue of the Construction Certificate, a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $80,525.40 (Not inclusive of drainage works).

(b)     Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee (for two inspections) to enable assessment of any damage and repairs where required: $742.00

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

 

At the completion of work Council will review the dilapidation report and the Works-As-Executed Drawings (if applicable) and inspect the public works.

 

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

 

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

 

22.      Acoustic requirements for timber flooring - If timber flooring is installed within the development, then appropriate insulation between floors shall be implemented to exceed the minimum sound attenuation.

 

23.      Driveway access/sight lines - Driveway access to comply with figure 3.3-Minimum Sight Lines for Pedestrian Safety as per AS 2890.1:2004 of the Australian Standard for off-street car parking. Figure 3.3 specifies the minimum sight lines for pedestrian safety along a circulation driveway or domestic driveway.

 

Any wall or fence or solid object on either side of the driveway/vehicular crossing where it meets the Council’s road reserve at the boundary must comply with sight distance requirements stipulated in the Australian Standards AS2890.1.

 

In the instance of multi storey car park and to prevent vehicles from running over the edge of a raised platform or deck of a multi-story car park, barriers in accordance to AS2890.1:2004 section 2.4.5.3 need to be installed.

 

24.      SEPP 65 Design Verification Statement - A design verification statement, prepared by a qualified designer, shall be submitted to the Certifying Authority verifying that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out under Schedule 1 of State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development.

 

25.      BASIX Commitments – All energy efficiency measures as detailed in the BASIX Certificate No must be implemented on the plans lodged with the application for the Construction Certificate.

 

26.      Pre-Construction Dilapidation Report - Private Land - A professional engineer specialising in structural or geotechnical engineering shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises including but not limited to:

 

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

 

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

 

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

 

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

 

27.      Stormwater System - The submitted stormwater plans as described in the table below have been assessed as a concept plan only.

 

Description

Reference No.

Date

Revision

Prepared by

Cover Sheet

SW100

13.5.2021

C

SGC Consulting Engineers

Basement 3 Plan

SW200

13.5.2021

C

SGC Consulting Engineers

Ground Floor Plan

SW201

13.5.2021

C

SGC Consulting Engineers

Roof Plan

SW202

13.5.2021

C

SGC Consulting Engineers

Details Sheet

SW300

13.5.2021

C

SGC Consulting Engineers

Erosion and Sediment Control Plan and Details

SW400

13.5.2021

C

SGC Consulting Engineers

OSD Catchment Plan

SW500

13.5.2021

C

SGC Consulting Engineers

 

Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

 

(a)     All stormwater shall drain by gravity to Councils existing drainage pit located in the street using a 375mm diameter RCP pipe in accordance with the Australian Standard AS/NZS 3500.3: 2015 (as amended).

(b)     The PCA shall ensure that the approved drainage design levels are surveyed during construction by a registered surveyor.

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

(d)     The design and structural adequacy of the OSD tank system shall be certified by a practising drainage engineer to the satisfaction of the PCA.

 

Design details and certifications shall be submitted for approval with the Construction Certificate application.

 

Stormwater Systems with Basement

 

(a)     The underground basement car park must pump to and all other stormwater must drain by gravity to:

 

i. the drainage system within the site via a silt trap pit .

 

The design of the proposed drainage system must be prepared by a professional engineer who specialises in hydraulic engineering and be submitted for approval with the Construction Certificate application.

 

Protection of basement from inundation of stormwater waters

 

(b)     The protection of the underground basement shall be protected from possible inundation by surface waters from the street.

 

Evidence from a professional engineer who specialises in hydraulic engineering that this design requirement has been adhered to shall be submitted with the Construction Certificate application.

 

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

 

An onsite detention (OSD) facility designed by a professional engineer who specialises in Hydraulic engineering must be designed, approved and installed. The design must comply with the results of the generated stormwater management report regarding the OSD storage volume and the stormwater permissible site discharge.

 

(a) Provide grated access and sufficient ventilation to the OSD tank as shown on the stormwater plan.

(b) The surcharge flow from the OSD tank to the street shall not be blocked.

(c)  The PCA shall ensure that a drainage engineer shall supervise the construction of the OSD stormwater system and certify his supervision in writing and state his satisfaction of the constructed stormwater system on site that it is built as intended in this consent.

 

The required OSD storage requirements and permissible discharge are to be calculated in accordance with Table 3 of Council’s Stormwater Management Policy.

 

The OSD facility shall be designed to meet all legislated safety requirements and child proof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm. A durable metal plate or similar sign is to be placed at the OSD facility and must bear the words:

 

"BEWARE: This is an on-site detention basin/tank for rainwater which could overflow during heavy storms."

 

Full details shall accompany the application for the Construction Certificate.

Council’s stormwater policy can be obtained from the following link:

 

https://www.georgesriver.nsw.gov.au/StGeorge/media/Documents/Council/Governance/Codes%20and%20Policies/Pol-073-01-Stormwater-Management-Policy-July-2020.pdf

 

29.      Pump-Out System Design for Stormwater Disposal - The design of the pump-out system for storm water disposal will be permitted for drainage of basement areas only, and must be designed in accordance with the following criteria:

 

(a)     The pump system shall consist of two pumps, connected in parallel, with each pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one-hour duration storm. The holding tank shall be capable of holding one hour’s runoff from a one-hour duration storm of the 1 in 20 year storm;

(b)     The pump system shall be regularly maintained and serviced, every six (6) months; and

(c)     Any drainage disposal to the street gutter from a pump system must have a stilling sump provided at the property line, connected to the street gutter by a suitable gravity line.

 

Details and certification of compliance from a professional engineer specialising in civil engineering shall be provided for approval with the Construction Certificate application.

 

30.      ContaminationPrior to the issue of any Construction Certificate for above ground building works, the site must be remediated in accordance with the recommendations of the approved Site Investigation & Remedial Action Plan (RAP) prepared by Canopy Enterprises Pty Ltd dated 26 August 2020.

 

a.   The applicant must engage an appropriately qualified and experienced supervising environmental consultant to supervise all aspects of site remediation and validation. The environmental consultant must supervise all aspects of the remediation and validation works in accordance with the approved Remediation Action Plan.

b.   Any reports relating to contamination must be prepared, or reviewed and approved by an appropriately qualified and certified environmental consultant. The front cover of the report must include the details of the consultant’s certification.

c.   Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination must be immediately notified to Council and the Principal Certifying Authority in writing.

d.   Any variations to the approved Remediation Action Plan must be prepared, or reviewed and approved by an appropriately qualified and certified environmental consultant, and submitted to Council prior to the commencement of such work.

 

Remediation Works

All remediation work must be carried out in accordance with: -

 

·    the Managing Land Contamination: Planning Guidelines SEPP 55 Remediation of Land; and,

·    the EPA Guidelines made under the Contaminated Land Management Act 1997;

 

and in accordance with the Remedial Action Plan.

 

31.      Site Validation - Prior to the issue of any Construction Certificate for above ground building works, a Validation report shall be prepared in accordance with the requirements of the EPA (2020) Guidelines for Consultants Reporting on Contaminated Sites and the EPA (2017) Guidelines for the NSW Site Auditor Scheme and provided to Council and the PCA.

 

The Validation Report will confirm that the site has been remediated to a suitable standard and in accordance with the process stipulated in the Site Investigation & Remedial Action Plan prepared by Canopy Enterprises Pty Ltd dated 26 August 2020 and that the site is suitable for the proposed use.

 

The validation report shall be prepared in accordance with the Office Environment and Heritage Guidelines, Consultants Reporting on Contaminated Sites, and shall certify the suitability of the site for the proposed development.

 

1     describe and document all works performed;

2     include results of validation testing and monitoring;

3     include validation results of any fill imported on to the site;

4     show how the objectives of the Remedial Action Plan have been met;

5     show how all agreed clean-up criteria and relevant regulations have been complied with; and include clear justification as to the suitability of the site for the proposed development and the potential for off-site migration of any residual contaminants

 

The Validation Report must be prepared, or reviewed and approved by an appropriately qualified and certified environmental consultant. The front cover of the report must include the details of the consultant’s certification

 

32.      Notice of Completion and monitoring Report - After completion of all Remediation works and prior to the issue of any Construction Certificate for above ground building works, a Notice of completion of remediation work must be submitted to Council in accordance with clause 17(2) of the SEPP 55 and the Notice must address all requirements listed in Clause 18 of SEPP 55.

 

Where a full clean-up is not feasible, or on-site containment of contamination is proposed, the need for an ongoing monitoring program should be assessed. If a monitoring program is needed, it should detail the proposed monitoring strategy, parameters to be monitored, monitoring locations, frequency of monitoring, and reporting requirements.

 

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

 

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

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

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

 

34.      Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a professional engineer specialising in practising structural engineering must detail how Council’s property shall be supported at all times.

 

Where any shoring is to be supporting, or located on Council’s property, certified structural engineering drawings detailing; the extent of the encroachment, the type of shoring and the method of removal, shall be included on the plans.  Where the shoring cannot be removed, the plans must detail that the shoring will be cut to 150mm below footpath level and the gap between the shoring and any building shall be filled with a 5MPa lean concrete mix.

 

35.      Fire Safety Measures - Prior to the issue of a construction certificate a list of the essential 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 a PCA. Such list must also specify the minimum standard of performance for each essential fire safety measure included in the list. The Council or PCA will then issue a Fire Safety Schedule for the building.

 

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

 

37.      Vibration Damage - To minimise vibration damage and loss of support to the buildings in close proximity to the development, any excavation is to be carried out by means of a rock saw and if available, in accordance with the guidelines of the Geotechnical Engineer’s report.

 

Alternatively where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) a report from a qualified geotechnical engineer detailing the maximum size of hammer to be used is to be obtained and the recommendations in that report implemented during work on the site. The report shall be submitted with the Construction Certificate application.

 

38.      Slip Resistance - All pedestrian surfaces in areas such as foyers, public corridors, common areas, stairs and ramps as well as floor surfaces in all wet rooms including in any residential units must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting.  The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS4586:2013 - Slip Resistance Classifications of New Pedestrian Materials and must be detailed on the plans lodged with the application for the Construction Certificate.

 

39.      Access for Persons with a Disability - Access and or sanitary facilities for persons with disabilities must be provided to the premises/building in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate Application for approval.

 

In regard to the above, pedestrian access throughout basement levels shall be highlighted and sign posted to safeguard access and egress.

 

In the event that full compliance cannot be achieved the services of an accredited access consultant is to be obtained to determine alternative methods of compliance, such a report must be submitted to and endorsed by the Certifying Authority prior to the issue the construction certificate.

 

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

 

41.      Acoustic Requirements - Compliance with submitted Acoustic Report - The Construction Certificate plans shall demonstrate compliance with the Acoustic Assessment Report submitted to Council, titled the “Noise and Vibration Impact Assessment” dated 24/06/2020 Revision 2; Reference Number: 20020_240220_Noise Impact Assessment_BW_R0 by White Noise Acoustics. This means that a review of glazing design and mechanical plant must be undertaken to ensure that acoustic objectives will be met. It is also imperative that section 6.4 of the “Noise and Vibration Impact Assessment” dated 26/04/2020; Reference Number: 20020_240220_Noise Impact Assessment_BW_R2 by White Noise Acoustics is addressed.

 

Written verification from a suitably qualified acoustic consultant must be submitted to Council validating that the acoustic objectives contained within the aforementioned report will be met, must be submitted to Council for approval.

 

The Construction Certificate will not be issued until Council approves this validation.

 

Acoustic Report - General Operation of Premises

The proposed use of the premises and the operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 (as amended) and Regulations.

 

An Acoustic Report shall be prepared by a suitably qualified acoustic consultant demonstrating that the operation of the premises and plant equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise sources under consideration by more than 5dB. The source noise level shall be assessed as an LAeq, 15 min in accordance with the NSW Environment Protection Authority’s NSW Industrial Noise Policy.

 

42.      NSW Police - Crime Prevention- In line with the recommendations of the NSW Police Force, the following are to accompany the Construction Certificate application:

 

(a)     The development is to provide/install Closed-Circuit Television (CCTV) cameras within and around the development. A Closed-Circuit Television plan is to be prepared in that regard.

(b)     A Crime Risk assessment report is to be provided and there must be strict adherence to the requirements of the ‘Crime Risk Assessment Report’.

(c)     The system must record continuously at all times.

(d)     Recordings must be in a digital format and at a minimum of ten frames per second (10 fps).

(e)     Any recorded image must specify the time and date of the recorded image.

(f)      The systems cameras must cover the following areas

(i)      All entry and exit points on the premises

(ii)     The footpath immediately adjacent to the premises

(iii)    All publicly accessible areas (other than toilets) within the premises.

(iv)    Throughout the underground car park to monitor activities around these areas

 

43.      Lighting in and around the Site- Lighting, which complies with the Australian Standard, must be installed in and around the property to increase visibility during the hours of darkness. Lighting must comply with the relevant Australian Standard.

 

44.      Commonwealth Disability (Access to Premises) Standard - The Commonwealth Disability (Access to Premises - Buildings) Standards 2010 (the Premises Standards) applies to all applications (i.e. Construction Certificate). This requires any new building, part of a building and the affected part of the existing building to comply with the Premises Standards, the Building Code of Australia and AS 1428.

 

45.      Geotechnical report - The applicant must submit a Geotechnical Report, prepared by a professional engineer specialising in geotechnical engineering who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction.  This is to be submitted before the issue of the Construction Certificate and is to include:

 

(a)     Investigations certifying the stability of the site and specifying the design constraints to be placed on the foundation, any earthworks/stabilization works and any excavations.

(b)     Dilapidation Reports on the adjoining properties including, but not limited to adjoining properties prior to any excavation of site works.  The Dilapidation Report is to include assessments on, but not limited to, the dwellings at those addresses and any external paths, grounds etc.  This must be submitted to the PCA and the adjoining residents as part of the application for the Construction Certificate.  Adjoining residents are to be provided with the report five (5) working days prior to any works on the site.

(c)     On-site guidance by a vibration specialist during the early part of excavation.

(d)     Measures to minimise vibration damage and loss of support to other buildings. Where possible any excavation into rock is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures. Where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) the report shall detail the maximum size of hammer to be used and provide all reasonable recommendations to manage impacts.

(e)     Sides of the excavation are to be piered prior to any excavation occurring to reinforce the walls of the excavation to prevent any subsidence to the required setbacks and neighbouring sites.

 

46.      Construction Traffic Management Plan - A Construction Traffic Management Plan detailing but not limited to the following:

 

(a)     Construction vehicle routes;

(b)     Anticipated number of trucks per day;

(c)     Anticipated number of staff per day

(d)     Hours of construction;

(e)     Duration of construction;

(f)      Traffic Control Plans to manage construction vehicles;

(g)     Access arrangements; and

(h)     Proposed traffic measures to minimise impacts of construction vehicles.

 

The Construction Traffic Management Plan must be submitted for the approval of Council’s Traffic Engineer. Council’s Traffic Engineers must specify in writing that they are satisfied with the Traffic Management Plan prior to the issue of the Construction Certificate.

 

47.      Waste Room Design and Construction - The Construction Certificate drawing shall show the waste room containing the following to minimise odours, deter vermin, protect surrounding areas, and make it a user-friendly and safe area:

 

i.     waste room floor to be sealed;

ii.    waste room walls and floor surface is flat and even;

iii.   all walls painted with light colour and washable paint;

iv.   equipment electric outlets to be installed 1700mm above floor levels;

v.    light switch installed at a height of 1.6m.

vi.   The bin storage rooms will be mechanically exhausted as required by AS

1668.2;

vii.  waste rooms must be well lit (sensor lighting required);

viii. optional automatic odour and pest control system installed to eliminate all pest

ix.   types and assist with odour reduction - this process generally takes place at building handover - building management make the decision to install;

x.    all personnel doors are hinged and self-closing;

xi.   waste collection area must hold all bins - bin movements should be with ease of access;

xii.  conform to the Building Code of Australia, Australian Standards and local laws; and childproofing and public/operator safety shall be assessed and ensured.

xiii. Occupational Health and Safety issues such as slippery floors in waste rooms and the weight of the waste and recycling receptacles will need to be monitored. 

xiv. Cleaners or other on-site personnel will monitor the bin storage area and all spills will be attended to immediately by cleaners.

 

48.      Waste Handling Systems - All waste handling equipment and systems used in conjunction with the provision of waste and recycling services shall be manufactured, installed and maintained in accordance with any applicable regulatory requirements, relevant Australian Standards, and relevant manufacturer’s specifications.

 

49.      Site Management Plan - A Site Management Plan must be submitted with the application for a Construction Certificate, and include the following:

 

(a)     location of protective site fencing;

(b)     location of site storage areas/sheds/equipment;

(c)     location of building materials for construction, e.g. stockpiles

(d)     provisions for public safety;

(e)     dust control measures;

(f)      method used to provide site access location and materials used;

(g)     details of methods of disposal of demolition materials;

(h)     method used to provide protective measures for tree preservation;

(i)      provisions for temporary sanitary facilities;

(j)      location and size of waste containers/skip bins;

(k)     details of proposed sediment and erosion control measures;

(l)      method used to provide construction noise and vibration management;

(m)    construction and demolition traffic management details.

 

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

 

50.      Required Design Changes - The following changes are required to be made and shown on the Construction Certificate plans to the satisfaction of the PCA:

 

(a) The awning across the frontage of Bowns Road is to be extended for the full length of the commercial tenancy. The awning is to project beyond the property boundary over the public footpath area to enhance pedestrian amenity by providing shade and weather protection.

(b) 1.7m high privacy screens (as measured from the finished floor level of the balcony) with slats angled to enable eastern sunlight into the development and prevent overlooking to the adjoining allotment to the south east, are to be provided to the south eastern side of the balconies associated with apartments 206, 306, 406, 506 and 606.

(c)  The plans provided indicate that the commercial lift only provides access to basement 1, ground floor, level 01 and the roof top communal open space. The plans are to be amended to ensure that access can be made available to all residential levels of the building (Levels 02 to level 11 inclusive), in addition to the levels that access has already been provided to.

(d) An accessible WC is to be provided within the first floor commercial tenancy.

(e) Prior to the issue of the Construction Certificate, a registered surveyor shall survey the surface and invert levels of the existing kerb inlet pit in Railway Parade and incorporate the invert level in the proposed stormwater design.

(f)  It is required to provide a boundary junction pit prior to discharge into Council’s kerb inlet pit.

 

51.      Traffic Design Certificate - A detailed “design” certificate from an experienced and qualified traffic engineer with tertiary qualifications is to be submitted to and approved by the Principal Certifying Authority confirming the following:

 

(a)     The car parking layout and loading areas associated with the development (including, driveway grades, headroom clearance turn paths, aisle widths, aisle lengths and parking bay dimensions) should be in accordance with AS2890.1:2004, AS2890.6:2009 and AS2890.2:2018.

(b)     Bicycle parking associated with the development is provided in accordance with AS2890.3 design requirements.

(c)     Driveway access complies with Figure 3.3 of AS2890.1:2004 minimum sight lines for pedestrian safety.

(d)     All vehicles shall enter and exit the premises in a forward direction.

 

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

 

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

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

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

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

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

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

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

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

 

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

 

53.      Allocation of street addresses - In order to comply with AS/NZS 4819:2011 Rural and Urban Addressing, the NSW Addressing User Manual (Geographical Names Board of NSW) and Georges River Council’s requirements, the street address for the subject development must be allocated as advised by Georges River Council.

 

Primary Address

·    206 Railway Parade, Kogarah NSW 2217

 

Unit Addresses

·      Refer to the attached list of unit addresses for the subject development.

 

Details indicating compliance with this condition must be shown on the plans lodged with any Construction Certificate for approval.

 

54.      Car Wash Bays - Plans and specifications of the car washing system which has been approved by Sydney Water must be submitted with the application for the Construction Certificate.

 

All car washing bays shall be contained within a roofed and bunded car wash bay with pre-treatment approved by Sydney Water. The water from the car wash bay must be graded to a drainage point and connected to sewer.

 

If alternative water management and disposal options are proposed (i.e. where water is recycled, minimised or reused on the site), detailed plans and specifications of the water recycling system must be submitted with the application for the Construction Certificate for approval.

 

55.      Materials and Finishes - Any proposed cladding to the building shall be constructed of fire resistant materials which comply with the requirements of the National Construction Code (NCC) 2019 Volume (1) One Building Code of Australia (BCA). Details of the proposed materials and finishes are to be detailed on the construction certificate drawings and shall be to the satisfaction of the PCA.

 

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

 

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

 

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

 

58.      NBN Connection - Prior to the issue of the Subdivision or Construction Certificate in connection with a development, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

 

(i)      the installation of fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

(ii)     the provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots and/or premises in a real estate development project demonstrated through an agreement with a carrier.

 

(Note real estate development project has the meanings given in section 372Q of the Telecommunications Act).

 

59.      Landscape Plans – All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Black beetle Landscape Architecture, Ref No BB1263, LA LP 101 - 110/03 and dated 14/05/21. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following –

 

(a)   The proposed seventeen (17) trees (within site) and plant species, pot/ bag size and quantities of plants shall be in accordance with the proposed plant schedule upon the landscape plan.

(b)   All seventeen (17) trees proposed within the site, upon the approved landscape plan shall comply with AS 2303 – 2018, Tree Stock for Landscape use and NATSPEC Specifying Trees: a guide to assessment of tree quality (2003), and be planted and maintained in accordance with Councils standard specification.

(c)   A minimum of 17 x 200 litre size trees, which will attain a minimum mature height of six (6) metres, shall be planted within the property

(d)   All trees and shrubs must be contract grown with a reputable and licensed nursery grower early within the build phase to ensure that the proposed trees, plant species, quantities and sizes are guaranteed at the time of landscape planting and implementation. The purchasing of all trees and shrubs must be signed off and certified by the Landscape Architect as a record, to ensuring that the trees and plants planted at the landscape stage and to confirm compliance to the PCA.

(e)   If the planted trees and plants are found to be faulty, damaged, dying or dead within twelve (12) months of planting then they must be replaced with the same species. If the trees are found dead before they reach a height where they are protected by Councils Tree Management Controls, they must be replaced with the same species and pot/bag size;

 

60.      Tree Removal & Replacement

(a)   Tree removal

 

Permission is granted for the removal of the following trees:

Tree Species

Number of trees

Location

T1 – Melaleuca linarifolia

X1

Within site, south east corner

T2 - Melaleuca quinquenervia

X1

Within site, south east corner

T1 & T2 have been valued via the Thyer method of tree valuation, by Ross Jackson as being $2512.00 for T1 and $3777.00 for T2, to be paid to Council prior to obtaining a Construction Certificate and prior to removal and signed off by the PCA

Callistemon viminalis

X1

Within site, south east corner

 

General Tree Removal Requirements

 

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

 

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

 

Street Tree Removal / Replacement by Council –

 

a)    Six (6) street trees of species to be determined must be provided in accordance with the Public Domain Plan Approval.

 

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

 

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

 

d)      The fees payable will be adjusted at the time of payment to reflect changes in the cost of delivering public amenities and public services, in accordance with the indices provided by the relevant conditions set out in this consent.

 

Fee Type – Tree planting on public land

Number of trees

Amount per tree

Administration Fee, tree planting and maintenance

X6

$452.00

Cost of tree removal

 

N/A

Cost of Stump Grinding

 

N/A

 

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

 

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

 

(a)     Foot paths, Kerb and gutter and roadways

(b)     Stormwater drainage pits and pipes

 

The report must include the following:

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

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

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

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

(e)     The full name and signature of the structural engineer

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

 

The Dilapidation Report must be prepared by a professional engineer. The report must be provided to the PCA and a copy provided to the Council. The report is to be supplied in electronic format in Word or PDF. Photographs are to be in colour, digital and date stamped.

 

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

 

62.      Structural Engineers Details – Supporting Council road/footway- Prior to the commencement of work in connection with the excavation of the site associated with the basement carpark, structural engineer’s details relating to the method of supporting Council’s roadways/footways must be submitted to the satisfaction of Council.

 

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

 

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

 

All demolition work including the removal of asbestos, shall be undertaken in accordance with the Demolition Code of Practice</