AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Thursday, 5 August 2021

Time:

4.00pm

Venue:

Council Chambers, Civic Centre, Hurstville

Panel Members:

Sue Francis (Chairperson)

Michael Leavey (Expert Panel Member)

Awais Piracha (Epxert Panel Member)

Fiona Prodromou (Community Representative)

 

  

1. On Site Inspections – Carried out by Panel Members prior to meeting

2. Opening

3. Consideration of Items and Verbal Submissions

LPP032-21        146 Letitia Street Oatley – DA2020/0453

(Report by Development Assessment Planner)

LPP033-21        565 King Georges Road Penshurst – DA2021/0009

(Report by Development Assessment Planner)

LPP034-21        608 Forest Road Penshurst – REV2020/0024

(Report by Development Assessment Planner)

LPP035-21        17-19 Vista Street San Souci – DA2021/0125

(Report by Senior Development Assessment Planner)

LPP036-21        53A-59A Gloucester Road Hurstville – PP2017/0005

(Report by Senior Strategic Planner)

4. LPP Deliberations in Closed Session

5. Confirmation of Minutes


Georges River Council – Local Planning Panel   Thursday, 5 August 2021

Page 2

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 05 August 2021

 

LPP Report No

LPP032-21

Development Application No

DA2020/0453

Site Address & Ward Locality

146 Letitia Street Oatley

Blakehurst Ward

Proposed Development

Demolition, tree removal and construction of a two storey attached dual occupancy with detached cabanas, a pool for dwelling 2, fencing, landscaping and site works

Owners

Mr Farid Malika and Mr Ramez Yousif

Applicant

Mr Abraham Nemra

Planner/Architect

Nemco Design Pty Ltd

Date Of Lodgement

3/12/2020

Submissions

Seven (7) submissions

Cost of Works

$870,314.82

Local Planning Panel Criteria

General Manager Direction - Number of submissions at or exceeding five (5)

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

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land,

State Environmental Planning Policy (Coastal Management) 2018, State Environmental Planning Policy (Infrastructure) 2007, Draft Environmental State Environmental Planning Policy, Draft State Environmental Planning Policy – Remediation of Land, Draft Design and Places SEPP

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

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

Architectural Plans, Statement of Environmental Effects,

Compiled Submissions, Survey Plan,

Arborist Report, Tree Valuation Report,

Cost Summary Report, Shadow Diagrams

Report prepared by

Development Assessment Planner

 

 

Recommendation

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

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

Not Applicable

 

Special Infrastructure Contributions

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

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, conditions can be reviewed when the report is published

 

Site Plan

Figure 1: Aerial view of subject site outlined in blue

 

Executive Summary

Proposal

1.         Development consent is sought for demolition, tree removal and construction of a two storey attached dual occupancy with detached cabanas, a pool for dwelling 2, fencing, landscaping and site works.

 

2.         The proposed development complies with the relevant development standards in the Kogarah LEP 2012, and the majority of the relevant planning controls in the Kogarah DCP 2013. Minor variations are sought to the 7.8m height limit and the 1.2m secondary street setback (limited to an articulated architectural element).

 

Site and Locality

3.         The development site is located on the corner of Letitia Street and Algernon Street in Oately. The site is irregular in shape and observes a 20.115m primary north western frontage to Letitia Street, a secondary street frontage of 49.085m to Algernon Street (splayed boundary) and a site area of 918.7sqm. The local area is characterised by one (1) and two (2) storey dwelling houses and dual occupancies.

 

Zoning and Permissibility

4.         The site is zoned R2 Low Density Residential under the provisions of Kogarah Local Environmental Plan 2012 (KLEP 2012). Dual occupancies are permitted with consent.

 

Submissions

5.         The application was notified for a period of fourteen (14) days in accordance with the Kogarah Development Control Plan 2013. Five (5) submissions objecting to the development were received during the initial notification of the plans. Two (2) submissions objecting to the development were received during the notification of the amended plans.

 

Conclusion

6.         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 (DA2020/0453) is recommended for approval subject to the conditions referenced at the end of this report.

 

Report in Full

Proposal

7.         Development consent is sought for the demolition, tree removal and construction of an two storey attached dual occupancy with detached cabanas, a pool for dwelling 2, fencing, landscaping and site works.

 

8.         Further details of the proposed development are as follows:

Demolition

·    Demolition of the existing single storey brick dwelling, carport, driveway, and paving.

·    Removal of seven (7) on-site trees;

Construction - Semi Attached Dual Occupancy

           Dwelling 1:       

 

Ground floor: single garage, porch (along Letitia Street), lounge room, guest bedroom, bathroom, laundry room, kitchen/living/dining room with butler’s pantry, staircase to upper level and a rear alfresco area.

 

First floor: Study space, three bedrooms, street facing front balcony, master bedroom with ensuite walk-in-robe and rear balcony and a bathroom.

 

Rear cabana with BBQ space, kitchen and bathroom.

 

3.3m driveway crossing and internal driveway.

 

·    Dwelling 2:

 

Ground floor: single garage, porch (along Algernon Street), lounge room, guest bedroom, bathroom, laundry room, kitchen/living/dining room with butlers pantry and rear alfresco area.

 

First floor: Study space, three bedrooms, front balcony addressing both streets, master bedroom with ensuite walk-in-robe and street and rear facing balcony and bathroom.

 

Rear pool (5.5m x 1.5m (average) x 3.35m) with cabana and bathroom.

 

3.41m driveway crossing and internal driveway.

 

Ancillary works

·    1.2m front fence along Letitia Street, with the corner element being 0.7m high;

·    0.7m-1.2m front fence elements along the Algernon Street;

·    1.8m fence along the rear yard of Dwelling 2 adjacent to Algernon Street.

·    Ancillary landscape and stormwater works to the site.

 

9.         Note: No boundary fences will be approved under this application. Boundary fences are a civil matter governed under the Dividing Fences Act 1991. A specific condition has been imposed in that regard.

 

Diagram

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Figure 2: Proposed site plan (Source: Nemco Design 2021).

 

The Site and Locality

10.      The subject site is formally identified as Lot 1 in DP 1097000 and known as 146 Letitia Street Oatley. The corner site is irregular in shape and observes a 20.115m primary north western frontage to Letitia Street, a secondary street frontage of 49.085m to Algernon Street, and a site area of 918.7sqm. The site slopes to the rear south eastern corner (towards Algernon Street) with a height difference of 1.5m.

 

11.      The site currently accommodated a single storey brick and tiled dwelling house with an attached carport and vehicular access along Letitia Street. The site contains eight trees of varying significance. The largest tree (10m Jacaranda) is located within the rear yard and will be retained.

 

12.      A power pole within the nature strip is located along the intersection between Letitia and Algernon Street. An electricity substation, a drainage lintel and a power pole are located along the nature strip within Algernon Street (secondary street frontage).

 

13.      Adjoining the site to the north and east are two (2) – three (3) storey single dwellings. The locality is generally residential in character with the predominant land use being single dwelling houses either contemporary or traditional in design.

 

14.      In the wider context, the subject site is located approximately 200m east of Neverfail Bay and 600m east of Oatley Point Reserve.

 

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Figure 3: Street view as per officer inspection

Background

15.      No previous applications pertinent to the site have been found.

 

16.      A Notice of Intention to Serve an Order (ON2020/0650) was issued on 25 February 2021 in order to maintain the site’s vegetation.

 

17.      As part of this DA, the plans have been amended in order to bring the development closer to compliance with the relevant planning controls and to respond to the concerns raised by Council’s Consultant Arborist. As part of the amended plans, the FSR was reduce, the design was improved by adding articulation elements along the northern wall, enlarging the entrance to dwelling 2 along Algernon Street to make it a more prominent feature, amendments to the cabanas and reducing the height of the front fence to maintain sightlines.

Compliance and Assessment

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

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

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

 

State Environmental Planning Policy

Complies

State Environmental Planning Policy No 55 - Remediation of Land

Yes

State Environmental Planning Policy (Coastal Management) 2018

Yes

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

Yes

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

Yes

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

 

State Environmental Planning Policy (Infrastructure) 2007

Yes

 

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

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

 

21.      A review of the site history indicates that the site has been used for residential purposes for extended periods of time, and such uses and/or development are not typically associated with activities that would result in the contamination of the site. The proposed works do not include any change to the use of the land that would result in any concerns with respect to contamination. There is no indication of previous uses that would cause contamination. In this regard there is no indication that the land is contaminated. The criterion of SEPP 55 has been satisfied.

 

STATE ENVIRONMENTAL PLANNING POLICY (COASTAL MANAGEMENT) 2018

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

 

23.      The site’s rear south western corner has been identified as being located within the Coastal Environment area and the Coastal Use Area as per NSW State Environmental Planning Policy (Coastal Management) 2018 - Maps.

 

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Figure 4: SEPP (Coastal Management) land map (Source Intramaps 2021)

 

24.      The proposal has been assessed under Division 1 – Clause 11, Division 3 - Clause 13; Division 4 - Clause 14 and Division 5 - Clause 15 and 16 of the SEPP.

 

Division 3 Coastal Environment Area

13 Development on land within the coastal environment area

Control

Comment and compliance

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

 

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

 

(b) coastal environmental values and natural coastal processes,

 

 

 

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

 

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

 

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

 

(f) Aboriginal cultural heritage, practices and places,

 

(g) the use of the surf zone.

 

 

 

 

 

 

 

 

Satisfies; the proposed will have minimal impacts on the integrity and resilience of the biophysical, hydrological (surface and groundwater) and ecological environment.

 

Satisfies; the proposed development will have minimal impacts on the coastal environmental values and natural coastal processes.

 

Satisfies; the proposed development does not adjoin the waterway, and it is not expected the proposed development will adversely impact the water quality.

 

 

 

 

Satisfies; the development will have minimal impacts on marine and native vegetation.

 

 

 

Satisfies; the proposed development does not adjoin the waterway. It is not expected the proposed development will adversely impact foreshore open space.

 

 

Satisfies; The works are respectful of the cultural heritage, practices and places.

 

Satisfies; Works are not located within the surf zone.

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

 

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

 

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

 

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

 

 

 

 

 

Satisfies; the proposed development does not adjoin the waterway, and it is not expected the proposed development will adversely impact the water quality.

Division 4 Coastal use area

14 Development on land within the coastal use area

Control

Comment and compliance

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

 

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

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

 

 

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

 

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

 

 

(iv) Aboriginal cultural heritage, practices and places,

 

(v) cultural and built environment heritage, and

 

 

 

(b) is satisfied that:

 

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

 

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

 

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

 

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

 

 

 

 

 

 

 

 

Satisfies; the proposed development does not adjoin the waterway, and it is not expected the proposed development will adversely impact access to the waterway.

 

 

Satisfies; development does not have unreasonable impacts regarding overshadowing and sightlines.

 

Satisfies; development does not have unreasonable impact on the visual amenity and scenic qualities of the coast, including coastal headlands,

 

Satisfies; The works are respectful of the cultural heritage, practices and places.

 

Satisfies; The site is not known to contain any items of heritage, and will not adversely affect the adjacent heritage item.

 

 

 

 

Satisfies; development will have minimal impact on the coastal zone and its processes.

 

 

 

Satisfies; development will have minimal impacts on the coastal zone and its processes.

 

Satisfies, impacts are minimal.

 

 

 

Satisfies; the application has considered the surrounding costal area. The proposed development is of a built form unlikely to adversely impact upon the surrounding coastal area with regards to bulk and scale.

Division 5 General

15 Development in coastal zone generally - development not to increase risk of coastal hazards

Control

Comment and compliance

Development consent must not be granted to development on land within the coastal zone unless the consent authority is satisfied that the proposed development is not likely to cause increased risk of coastal hazards on that land or other land.

Satisfies; the proposed development is unlikely to increase the risk of coastal hazards.

16 Development in coastal zone generally - coastal management programs to be considered

Control

Comment and compliance

Development consent must not be granted to development on land within the coastal zone unless the consent authority has taken into consideration the relevant provisions of any certified coastal management program that applies to the land

Satisfies.

 

25.      Upon thorough assessment for the application under the SEPP Coastal Management 2018, the proposal reasonable satisfies the objectives and controls of the SEPP.

 

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

26.      The trigger for BASIX Certification is when the estimated cost of works for residential development (new dwelling(s)/alterations and additions) is equal to or above $50,000. BASIX Certification is also triggered when proposing a swimming pool with a volume of 40,000 litres or more.

 

A BASIX Certificate prepared by Efficient Living Pty Ltd, dated 22 April 2021, certificate number 1196667M, 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

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

 

29.      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). 

 

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

 

31.      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).

 

32.      Seven (7) trees are nominated to be removed as part of the works. The application was referred to Council’s Consultant Arborist who did not object to the removal of these trees subject to replacing and replanting new trees at a 2:1 ratio. Specific landscape conditions have been imposed in that regard. The rear major Jacaranda tree will be retained and protected.

 

33.      Tree offset fees will require to be paid for tree T6 and T7 (both Jacaranda mimosifolia trees, along southern side boundary). Tree T10 shown as to be removed, will require to be retained as no owners consent for its removal was obtained from 45 Algernon Street Oatley. Conditions have been imposed in this regard.

 

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 - GEORGES RIVER CATCHMENT

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

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

 

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

 

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

 

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

 

35.      The proposed stormwater drainage system has been assessed by Council’s Development Engineer and has been found to be satisfactory. Specific stormwater conditions have been imposed in that regard.

 

Draft Environmental Planning Instruments

DRAFT ENVIRONMENTAL STATE ENVIRONMENTAL PLANNING POLICY

36.      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.

 

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

 

DRAFT REMEDIATION OF LAND STATE ENVIRONMENTAL PLANNING POLICY

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

 

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

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

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

·     Clearly list the remediation works that require development consent;

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

 

39.      The proposal is not inconsistent with the provisions of this Draft Instrument as there is no evidence this site is contaminated based on previous uses.

DRAFT DESIGN AND PLACE SEPP

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

KOGARAH LOCAL ENVIRONMENTAL PLAN 2012

41.      The extent to which the proposed development complies with the Kogarah Local Environmental Plan 2012 (KLEP 2012) is detailed and discussed in the table below.

 

42.      The allotment is zoned R2 – Low Density Residential Zone, a ‘dual occupancy’ is permitted with consent. It is noted that swimming pools and cabanas are considered ancillary to the dual occupancy use and are also a permitted form of development.

 

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Figure 4: Zoning Map – site outlined in red

 

 

Clause

Standard

Proposed

Complies

Part 1 Preliminary

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

The development is consistent with the aims of the plan.

Yes

1.4 – Definitions

Dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.

The proposed development is consistent with the definition.

Yes

Part 2 Permitted or prohibited development

2.3 - Zone objectives and Land Use Table

Meets objectives of R2- Low Density Residential Zone:

 

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

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

The proposal satisfies the objectives of the R2 zone and is permissible with development consent.

Yes

Part 4 Principal development standards

4.1B – Minimum lot size for dual occupancies

         

 

 

 

 

 

(2)  Despite clause 4.1, development consent must not be granted for the erection of a dual occupancy on a lot unless—

(a)  the lot is at least the minimum lot size shown on the Lot Size for Dual Occupancies Development Map (650sqm) in relation to that land, and

(b)  in relation to a dual occupancy (detached)—the lot has at least 2 road frontages and each dwelling has a frontage to a road.

 

 

 

 

 

 

 

918.7sqm

 

 

 

 

 

 

 

Development is an attached dual occupancy, with each dwelling fronting a different street.

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

Dwelling 1: 7.19m

 

Cabana (dwelling 1): 3.29m

 

Dwelling 2: 8.44m (to parapet feature along Algernon Street), 7.53m to main roof

 

Cabana (dwelling 2): 3.54m

Yes

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

(2) Despite clause 4.4 (2), the floor space ratio for residential accommodation on land in Zone R2 Low Density Residential is not to exceed the maximum floor space ratio specified in the table to this subclause.

For a site area less than 1,000 square metres but not less than 800 square metres, floor space is not to exceed:  [(lot area − 800) × 0.2 + 402.5] ÷ lot area:1

 

Site area: 918.7sqm

0.46:1 or 426.24sqm

The proposed development has a total FSR of 412.1sqm or 0.44:1

 

 

Yes

Part 5 Miscellaneous provisions

5.10 – Heritage conservation

In accordance with Clause 5.10 (1)

The site is not a heritage item and not located within the vicinity of any heritage items.

The site is not in a heritage conservation area.

Yes

Part 6 Additional local provisions

6.1 – Acid sulfate soils

(2)  Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works:

 

Class 5: Works within 100 metres of adjacent Class 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 2, 3 or 4 land.

A very small portion of the site (top north-western corner) is located in a Class 5 area. The area in which the acid sulfate soils are located will not be excavated, furthermore the area is not within 100m of an adjacent Class 2, 3 or 4 land that is below 5 metres Australian Height Datum.

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.2 – Earthworks

(2)  Development consent is required for earthworks unless—

(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or (b)  the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.

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

 

 

Yes

6.3 – Flood planning

(2)  This clause applies to —

(a)  land identified as “Flood planning area” on the Flood Planning Map, and

(b)  other land at or below the flood planning level.

The proposed development is not located in a mapped flood prone area.

Yes

6.4 – Limited development on foreshore area

(1)  The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.

Site is not located within a foreshore area.

N/A

Draft Georges River Local Environmental Plan 2020

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

 

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

 

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

DEVELOPMENT CONTROL PLANS

46.      The proposal has been assessed under the relevant sections of the Kogarah Development Control Plan 2013 as follows.

 

Kogarah DCP 2013 Part C1- Low Density Housing

Clause

Standard

Proposed

Complies

1.2 Building Scale and Height

1.2.1 Floor space Requirements

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

 

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

 

 

 

 

 

 

 

 

 

(7) Where proposed development includes a two (2) residential level element, then the second level should not extend beyond 60% of the depth of the allotment measured from the street boundary. Where side boundaries are of varying length, the second level is limited to a line across the block between the points on both boundaries, see Figures 1 and 2.

The building is sufficiently articulated.

 

 

 

 

 

 

The proposed development is considered to be appropriate given the streetscape, locality and subject site characteristics. The development has responded to the corner nature of the site by adopting a main entrance feature to dwelling 2 along the secondary street facade in addition to the addition of a prominent roof feature over the balcony.

 

60% depth: 28.37m

 

Proposed: 21.917m

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

1.2.2 Building Heights

(1) 7.2m to the underside of the upper ceiling

7.8m to the top of the parapet for attached dual occupancies

 

 

 

 

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

Dwelling 1: 7.19m (6.59m to ceiling)

 

Dwelling 2: 8.44m (to parapet feature along Algernon Street), 7.53m to main roof. (6.93m to ceiling)

 

Two storeys proposed

 

 

Yes

 

 

Refer to comment (1)

 

 

 

Yes

 

 

(1) Building Heights

The overall ridge height of dwelling 2 measured to the top of the parapet feature along Algernon Street is 8.44m, which exceeds the 7.8m parapet height under KDCP 2013 (1.2.2 (1)) by 0.64m or 8.2%.

 

It is noted that the parapet feature is an architectural roof feature that addresses Algernon Street, in order to create a prominent design feature along the secondary street. As the development is for a dual occupancy dwelling 2 has been designed to incorporate the main pedestrian entrance along Algernon Street. The result is a development that responds well to the corner nature of the allotment.

 

It is noted that the main roof of dwelling 2 complies with the required 7.8m limit. With reference to the submitted shadow diagrams, the majority of the shadows will fall along Algernon Street and the adjoining sites will still receive the required 3 hrs of solar access in midwinter. It is considered that non-compliance in this case is acceptable given the minor nature of the deviation and its location not exacerbating environmental impacts.

1.2.3 Rhythm of the Built Elements in the Streetscape

(1) The primary building façade should not exceed 40% of the overall width of the total frontage (Figure 6).

 

 

(2) The secondary building façade should be set back a minimum of 1.5 metres from the primary building façade (Figure 7).

The primary façade is articulated with openings and material changes and is a suitable response to the site.

 

Garages are setback 1.5m behind the primary building façade.

Yes

 

 

 

 

 

 

Yes

 

1.2.4.2 Front Setbacks

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

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

 

 

 

 

 

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

 

 

 

 

 

 

Setback of neighbours:

-     144 Letitia St: 4.5m

-     142 Letitia: 4.2m

 

The proposed front setbacks are:

 

Dwelling 1: 4.7m to front columns

Dwelling 2: 5.1m

 

The secondary street setback is predominately 1.2m.

 

A minor step to 0.913m is observed along the top balcony in order to produce a prominent design feature to distinguish the site’s entrance along Algernon Street. The minor variation is considered acceptable. (0.28m or 24%)

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Acceptable on merit

 

1.2.4.3 Side and Rear Setbacks

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

15% = 7.09m

 

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

 

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

Rear setbacks

Dwelling 1: 16.46m

 

Dwelling 2: 15.99m

 

 

 

1.2m to ground floors.

 

 

 

 

Side setbacks

Dwelling 1:

-     Northern side setback: 1.2m (ground and first floor).

 

Dwelling 2:

-     Side setback to secondary street is as per KDCP 1.2.4.2.

 

Yes

 

Yes

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

1.2.5 Fenestration and External Materials

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

 

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

 

 

 

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

 

 

 

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

 

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

The proposed development is considered to be consistent with the modern design demonstrated throughout the immediate vicinity.

 

 

 

 

The proposed development includes two garage doors recessed below the level above.

 

The locality demonstrates both pitched and parapet roofs, the proposal is consistent with the streetscape.

 

The external facades of the proposed development are considered appropriate for the locality.

 

 

 

Less than 35%

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

1.2.6 Street Edge

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

 

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

 

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

 

 

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

The proposed development provides sufficient front fencing to complement the streetscape.

 

Fencing is consistent with the Section 4.2 requirements.

 

 

Tree removal within the frontage of the development was assessed by Council’s Consultant Arborist and was supported subject to replanting of new trees.

 

Tree removal within the frontage of the development was assessed by Council’s Consultant Arborist and was supported subject to replanting of new trees.

Yes

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

1.3 Open Space

 

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

 

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

35% or 320sqm

 

 

 

Directly accessible from rear alfresco areas.

Yes

 

 

 

Yes

1.4 Vehicular access, parking and circulation

 

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

 

·    KDCP B4:

Dual occupancy: 1.5 spaces/dwelling.

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

1 sheltered space provided per dwelling in addition to one hardstand space per dwelling

 

Although the site is located on a corner, garaging has been provided along the primary road for a number of reasons including:

 

-     The secondary street is located on a bend which will make parking along that location potentially dangerous due to the lack of sightlines of incoming traffic.

-     The secondary street contains a substation and a power pole which constrains the site in that location.

-     The site proposes two relatively narrow driveway crossings (3.3m and 3.1m) in lieu of the permissible 4.5m driveway width per dwelling.

-     The garages proposed are single garages in lieu of the permissible double width garage.

-     Pedestrian access to dwelling 2 is along the secondary street in order for the development to respond to the corner location of the site and address Algernon Street.

 

Garages are setback behind the primary façade.

 

 

 

 

Yes

 

 

 

 

 

Acceptable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

1.5.1 Visual Privacy

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

 

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

The rear balcony of dwelling 1 is within 3.0m of the northern boundary. It is setback 1.2m.

 

 

 

 

 

 

 

 

The rear balcony contains a wall along the northern façade with no side openings which will limit opportunities to overlook the neighbouring properties.

Refer to control 1.5.1 (4)

 

 

 

 

 

 

 

 

 

 

Acceptable

1.6 Solar Access

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

The proposal will allow neighbouring properties to receive the required 3hrs of solar access in midwinter.

Yes

2.1 Dual Occupancies

Minimum frontage: 18m

 

Minimum site area: 850sqm

20.115

 

918.7sqm

Yes

 

Yes. However this control is overridden by Clause 4.1B of Kogarah LEP 2012

4.2.1 Front Fences

(1) In cases where an applicant can demonstrate the need for a front fence higher than 1.4m, the maximum height of the fence must not exceed 1.8m.

Front fence ranges from 0.7m to 1.2m.

 

 

Yes

4.2.3 Retaining walls

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

Conditions will be imposed necessitating the construction of all retaining walls.

Yes, condition of consent imposed

4.4 Outbuildings

(1) Outbuildings are not to be located within the front building line and must be set back 900mm from the site boundaries. Windows and glass doors must face into the yard, or be frosted if facing a neighbour’s property.

 

(4) The sum of the floor space of all outbuildings on a site (excluding carports and open structures such as pergolas, awnings and the like) must not exceed 70m2 .

 

(5) Maximum height of outbuildings is 3.5m to the ridge and 2.5m to the underside of the eaves above natural ground level.

900mm from the rear boundary. Greater than 900mm from the side boundaries.

 

Finished floor level of outbuildings is located predominately at ground level

 

6.5sqm being the bathrooms.

 

 

 

 

 

 

Cabana (dwelling 1): 3.29m

 

Cabana (dwelling 2): 3.54m 

 

Height to underside of ceiling is acceptable.

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

Acceptable on merit

4.6 Swimming pools, spas and enclosures

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

 

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

 

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

 

(6) When consent is granted for a swimming pool having a height above natural ground level in excess of 500mm, any landscaping treatment must be completed before the swimming pool is filled with water. This will be imposed as a condition of development consent.

 

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

 

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

 

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

 

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

The pool is located in the rear yard.

 

 

Greater than 1.5m from boundaries.

 

 

 

 

 

 

Swimming pool is located a maximum 410mm above existing ground level as a result of the cross fall observed.

 

 

 

 

 

 

 

The pool does not observe a height in excess of 500mm.

 

 

 

 

 

 

 

 

 

No filling proposed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By condition of consent.

 

 

 

 

 

 

1.2m high pool fence, conditioned to comply with relevant Australian Standard.

 

 

 

Condition of consent will be imposed to ensure the control is met.

 

Yes

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes, by condition of consent

 

 

 

 

Yes

 

 

 

 

 

 

Georges River Development Control Plan 2020

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

 

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

DEVELOPER CONTRIBUTIONS

49.      The proposed development would require payment of developer contributions under Section 7.11 of the Environmental Planning and Assessment Act 1979. A development condition outlining the required contributions has been imposed.

 

IMPACTS

Natural Environment

50. The proposed development will not adversely affect the natural environment subject to the site being planted with replacement trees as shown on the approved landscape plan. The removal of existing trees has been reviewed by Council’s Consultant Arborist and is deemed acceptable subject to conditions.

 

51.      Seven (7) trees are nominated to be removed as part of the works. The application was referred to Council’s Consultant Arborist who did not object to the removal of these trees subject to replacement replanting of new trees at a 2:1 ratio. Specific landscape conditions have been imposed in this regard. The rear major Jacaranda tree will be retained and protected.

 

52.      Tree offset fees will require to be paid for tree T6 and T7 (both Jacaranda mimosifolia trees, along southern side boundary). Tree T10 shown as to be removed, will be required to be retained as no owners consent for its removal was obtained from 45 Algernon Street Oatley. Conditions have been imposed in this regard.

 

53. The proposal includes excavation that has been assessed as being reasonable in the context of the site. Excavation impacts will be managed through standard conditions of consent that have been imposed to protect the environment with respect to contamination and impact onto adjoining allotments and the public domain.

 

Built Environment

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

 

Social Impact

55.      No adverse social impacts have been identified as part of the assessment. The proposed development, in principle, continues to provide housing in the area. The construction of a dual occupancy on the site is consistent with the residential zoning of the land.

 

Economic Impact

56. There is no apparent adverse economic impact that is likely to result within the locality due to the construction of the dual occupancy. It is likely there will be a small positive economic impact as a result of the construction of the development.

 

Suitability of the site

57.      The site is zoned R2 – Low Density Residential. The proposal is a permissible form of development in this zone and has been designed to reflect the context of the area as it evolves and as it exists.

 

SUBMISSIONS AND THE PUBLIC INTEREST

58.      The application was neighbour notified in accordance with Kogarah DCP 2013 for a period of fourteen (14) days. Seven (7) submissions were received. Amended plans were received and were renotified with two submissions being received from neighbours who previously objected. In summary the following issues and concerns were raised.

 

Issue

Comment

Loss of trees from the site

All removed trees have been assessed by Council’s Consultant Arborist. The removal of seven trees is supported. The major Jacaranda tree in the rear will be retained. An offset fee will be paid for the removal of two trees in the front setback. All removed trees will be replaced at a 2:1 ratio.

 

Tree offset fees will require to be paid for tree T6 and T7 (both Jacaranda mimosifolia trees, along the southern side boundary). Tree T10 shown as to be removed, this is required to be retained as no owners consent for its removal was obtained from 45 Algernon Street Oatley. Conditions have been imposed in this regard.

Height

The height of the development is compliant with the 9.0m LEP limit, and 7.8m parapet DCP limit. A minor variation is proposed for the parapet feature along Algernon Street. Given the minor nature of this building element and the lack of adverse environmental impact arising from it, the variation is supported.

Character and streetscape

The proposed use being a dual occupancy is permissible as per the KLEP. The streetscape includes dual occupancy developments and given the proposed development complies with all LEP and DCP standards (except for minor variations to the parapet feature along Algernon Street) the proposal is considered acceptable and an appropriate response to the surrounding locality.

Boundary fence

Boundary fences are a civil matter. A condition will be imposed removing references to boundary walls and requiring that they be dealt with as a civil matter.

Driveway location being too close to corner

The proposed driveway is more than 6.0m from the tangent point which achieves compliance with AS2890 in relation to distance from the corner intersections.

Asbestos

The matter will be dealt with by a condition of consent.

Cost of works

The cost of works was revised and an update figure of $870.314.82 was put forward by a qualified quantity surveyor. 

Fence height

The fence height along Letitia Street was amended so that the fence does not exceed 700mm along the corner to allow for adequate sightlines for drivers. The fence along the secondary street is 1.8m in order to provide a level of privacy to the rear yard of dwelling 2.

 

REFERRALS

Council Referrals

Development Engineer

59.      The application was referred to Council’s Development Engineers for comment, and they are satisfied with the stormwater drainage arrangement subject to the imposition of conditions of consent should the application be approved.

 

Consultant Arborist

60.      Council’s Consultant Arborist has raised no objection subject to the imposition of conditions of consent should the application be approved.

 

GIS

61.      Council’s GIS team have provided a new residential address to the new occupancy.

 

External Referrals

Ausgrid

62.      The application was referred to Ausgrid in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Ausgrid did not raise any objection to the proposal, subject to a condition which has been imposed.

 

CONCLUSION

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

 

64.      The proposal has been assessed against the relevant State Environmental Planning Polices, the provision of the Kogarah Local Environmental Plan 2012 and Kogarah Development Control Plan 2013. The proposal satisfies the key planning controls in the LEP and DCP.

 

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

65.      The reasons for this recommendation are:

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

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

·     The proposal aims to provide a high-quality development that will establish a positive urban design outcome, setting a good architectural and planning precedent in the area.

·     The proposal satisfactorily achieves the zone objectives.

 

Determination

66.      THAT pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Georges River Local Planning Panel, grants development consent to Development Application DA2020/0453 for demolition tree removal, construction of an  attached two storey dual occupancy with detached cabanas, a pool for dwelling 2, fencing, landscaping and site works on Lot 1 in DP 1097000 and known as 146 Letitia Street, Oatley, subject to the following conditions of consent:

 

Development Details

 

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

 

Description

Reference No.

Date

Review

Prepared by

Demolition Plan

Job 20218, drawing A01.01

29/06/2021

C

Nemco Design Pty Ltd

Site Plan

Job 20218, drawing A01.03

29/06/2021

C

Nemco Design Pty Ltd

FSR and Landscaping calculation Plan

Job 20218, drawing A01.06

29/06/2021

C

Nemco Design Pty Ltd

Ground Floor Plan

Job 20218, drawing A02

29/06/2021

C

Nemco Design Pty Ltd

First Floor Plan

Job 20218, drawing A03

29/06/2021

C

Nemco Design Pty Ltd

Cabana Plans

Job 20218, drawing A04

29/06/2021

C

Nemco Design Pty Ltd

North western and south western elevations plan

Job 20218, drawing A05

29/06/2021

C

Nemco Design Pty Ltd

South eastern and North eastern Elevations plan

Job 20218, drawing A06

29/06/2021

C

Nemco Design Pty Ltd

Section Plans

Job 20218, drawing A07

29/06/2021

C

Nemco Design Pty Ltd

Window and doors schedule

Job 20218, drawing A011

29/06/2021

C

Nemco Design Pty Ltd

Streetscape and fence view Plan

Job 20218, drawing A012

29/06/2021

C

Nemco Design Pty Ltd

Schedule of Colours and Finishes

Job 20218, drawing A013

29/06/2021

C

Nemco Design Pty Ltd

Landscape Plan

Job No. 2021-520, sheets 1 of 2 and 2 of 2

22/04/2021

-

Unique Garden Design Consulting

Arborist Impact Assessment Report

210701-146 Letitia St-AIA

01/07/2021

A

Urban Arbor

Tree Valuation Report

210701-146 Letitia St-TV

01/07/2021

-

Urban Arbor

 

Separate Approvals Required Under Other Legislation

 

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

 

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

 

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

 

(a)   Placing or storing materials or equipment;

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

(c)   Erecting a structure or carrying out work

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

(e)   Pumping concrete from a public road;

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

(g)   Constructing a vehicular crossing or footpath;

(h)   Establishing a “works zone”;

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

4.         Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the RMS, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

 

Requirements of Concurrence, Integrated & Other Government Authorities

 

5.         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.

 

6.         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.

 

Prior to the Issue of a Construction Certificate

 

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

 

8.         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 adjoining and 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.

 

9.         Stormwater System - The approved stormwater plan (stormwater plan dwg No. C01, C02, C03, C04, C05 Revision ‘C’, dated 05/11/2020, prepared by Nemco Design Pty Ltd) has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

 

(a)  All stormwater shall drain by gravity to the upper level of Council's existing kerb inlet pit located in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).

(b)  The stormwater pipes in the nature strip shall be not bended and shall be running in straight line.

(c)  An inspection point shall be provided for the stormwater discharge pipes along the boundary line.

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

 

Design details and certifications shall be submitted for approval with the Construction Certificate application.

 

10.      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 approved landscape plan (reference No. 2021-520, sheets 1 of 2 and 2 of 2 dated 22/04/2021 prepared by Unique Garden Design Consulting) shall be amended to be consistent with the approved architectural plans (reference Job No. 20218 dated 29/06/2021 review C prepared by Nemco Design Pty. Ltd.).

 

(b)   Tree (T10) on the architectural plans is required to be retained and protected.

 

(c)   Any proposed photovoltaic system shall comply with the relevant sections of the State Environmental Planning Policy (Infrastructure) 2007.

 

(d)   Boundary dividing fences have not been approved under this application. Dividing fences are a civil matter and shall be erected in accordance with the Dividing Fences Act 1991 and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

 

11.      NBN Connection - Prior to the issue of the Construction Certificate, the developer/applicant is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

 

(a)   The installation of fibre-ready facilities to the site. Evidence must demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

(b)   The provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to the site demonstrated through an agreement with a carrier.

 

This condition does not apply if the above provisions are already available to the site. Evidence must be presented to the PCA in demonstration of this.

 

12.      On-site Stormwater Detention (OSD) - The submitted stormwater plan (stormwater plan dwg No. C01, C02, C03, C04, C05 Revision ‘C’, dated 05/11/2020, prepared by Nemco Design Pty. Ltd.) has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

 

An on-site detention (OSD) facility designed by a professional engineer who specialises in Hydraulic Engineering is to be constructed with capacity as shown on the approved plan.

 

(a)   The OSD system shall discharge by gravity to Council’s drainage system in the street.

(b)   Provide at least one grated access and sufficient ventilation to the OSD tank.

 

(c)   The design and structural adequacy of the OSD system shall be certified by a practicing structural engineer to the satisfaction of the PCA.

 

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.

 

13.      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

$3,800.00

Inspection Fee for Refund of Damage Deposit

$336.00

Offset Fee for Tree Replacement (Per Tree) for Trees on Private Land

Tree T6 – Jacaranda mimosifolia

$7,641.00

Tree T7 - Jacaranda mimosifolia

$10,000.00

Total Tree Offset Fees

$17,641.00

DEVELOPMENT CONTRIBUTIONS

Kogarah Section 94 Development Contributions Plan No.1 - Roads and Traffic Management - Residential

$693.31

Kogarah Section 94 Development Contributions Plan No.5 - Open Space 2007

$12,136.15

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Buildings

$308.51

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Books

$432.7

Total 7.11 Contributions

$13,570.67

 

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 7.11 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.

 

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.

 

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

 

(a)   Pay Council, before the issue of the Construction Certificate, a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $3,800.00 (2 road frontages).

 

(b)   Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $336.00 (2 road frontages).

 

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

 

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

 

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

 

16.      BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificates No. 1196667M (dated 22 April 2021) must be implemented on the plans lodged with the application for the Construction Certificate.

 

17.      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.

 

18.      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 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.

 

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

 

20.      Stormwater Drainage Plan Details - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineering specialising in hydraulic engineering shall be submitted with the Construction Certificate application.

 

These plans shall be prepared in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Hurstville Development Control Plan 1 which includes Appendix 2.

 

21.      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 3m wide pavement/kerb face to kerb face width, and a non-slip surface. The location of any driveway shall be in accordance to AS2890 including distance from the tangent point (along road intersection).

 

22.      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.

 

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

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

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

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

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

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

 

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

 

25.      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.

 

26.      Landscape Plan – All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Unique Garden Design Garden Design, Ref No 2021 – 520, sheets 1 – 2 and dated 22/04/21 (as amended by ‘Required Design Changes’ condition). The landscaping must be maintained in accordance with the approved plans in perpetuity, subject to the following -

 

(a)   The proposed four (4) trees and all plant species, pot/ bag size and quantities of plants shall be in accordance with the proposed plant schedule upon the landscape plan.

(b)   All trees proposed 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)   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;

 

27.      Compliance with submitted Arborist Report - The following trees shall be retained and protected.

 

The recommendations outlined in the Arborist’s Report titled Arboricultural Impact Assessment Report prepared by Urban Arbor, Rev A, dated 1 July 2021 must be implemented throughout the relevant stages of site set up, demolition, excavation construction and landscaping. Details of tree protection measures to be implemented must be detailed and lodged with the Construction Certificate application for approval and shall be in accordance with Section 4 - Australian Standard AS 4970-2009: Protection of trees on development sites.

 

·     Tree 10 requires to be retained.

 

The tree/s to be retained and protected are listed in the table below.

Tree Species

Location of Tree / Tree No.

Tree Protection Zone (metres) TPZ as per AS4970 - 2009

Fencing distance from trunk

T1 – Murraya paniculata

Within adjacent site, front, No 144 Letitia Street

2.6m

T2 – Melaleuca bracteata

Within adjacent site, front, No 144 Letitia Street

1.8m

T8 – Jacaranda mimosifolia

Within site, rear yard north fence

6.7m

T10 – Ulmus parvifolia

Neighbours tree within No 45 Algernon (Survey & demolition plan)

4.4m

T11, 12 & 13 – Camellia japonica

Within adjacent site, front, No 144 Letitia Street

2.0m each tree

T21 – Murraya paniculata

Within No 45 Algernon Street, back fence

3.6m

(a) The client must engage a qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current practicing and financial member of an Australian Arboricultural Association or Affiliation, with a letter of engagement forwarded to the nominated PCA, forming compliance.

 

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

 

Tree Protection Measures

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

 

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

 

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

 

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

 

(g) The engaged AQF 5 Consulting Project Arborist must be present on-site during the stages of site set up, excavation, demolition and construction when works are being undertaken that could impact on the tree canopy or root zone within the tree protection zone of each tree.

 

(h)  In accordance with AS 4970-2009 Protection of trees on development sites, a protective fence consisting of 2.4 x 1.8 metres high, fully supported chainmesh fence shall be used. The distance of the fence out from the base of each tree is to be in accordance with the TPZ listed in the table above. A layer of organic mulch 100 millimetres thick shall be placed over the protected area and no soil or fill should be placed within the protection area.

 

(i)   The tree protection fencing must be kept in place during demolition, excavation and construction and also have a sign displaying ‘Tree Protection Zone – DO NOT ENTER’ attached to the fence and must also include the name and contact details of the Project Arborist.

 

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

 

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

Excavation works near tree to be retained

(l)   The engaged AQF 5 Arborist must be in attendance prior and during the excavations within the TPZ of trees 1, 2, 8, 10, 11, 12, 13 and 21 with a letter of findings with photographic evidence forwarded to the nominated PCA, to whether the trees to be retained and protected have been kept in a viable condition and ongoing retention, to form compliance.

 

(m)                    Stormwater excavations within the TPZ of tree 21, Murraya paniculata upon No 45 Algernon St must only be conducted using non destructive types of excavation. This includes the use of air spade or hydro vac excavation and must be under the guidance of the engaged AQF 5 Arborist to form compliance. No bucket type of machinery is permitted within the TPZ of tree 21.

 

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

 

Pier and Beam / Cantilever

(o) To preserve T10 and T21, the footings of the proposed cabanas, must be isolated pier and beam construction within the TPZ of both trees. The piers must be hand dug and located such that no roots of a diameter greater than 50mm are severed or injured in the process of any site works during the excavation and construction period. The cantilever slabs & beams must be located on or above the existing soil levels, with all excavations under the guidance of the AQF 5 Arborist.

 

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

 

28.      Tree Removal & Replacement - Tree removal – Permission is granted for the removal of the following trees:

 

Tree Species

Number of trees

Location

T3 – Castanospermum australe

1

Within site, front yard

T4 – Arbutus unedo

(Council to remove)

1

Councils street verge

T5 – Jacaranda mimosifolia

1

Within site, front corner

T6 – Jacaranda mimosifolia

(Thyer value at $7,641.00)

1

Within site, south rear fence

T7 - Jacaranda mimosifolia

(Thyer value at $11,618.00, however fee is capped to $10,000 as per Council’s Schedule of Fees and Charges 2021/22)

1

Within site, south rear fence

T9 – Magnolia soulangeana

1

Within site, rear yard middle

T14 – Polyspora axillaris

1

Within site, front yard

T15 – Nerium oleander

1

Within site, front yard

T16 &17 – Camellia sasanqua

2

Within site, front yard

T18 – Lagerstroemia indica

1

Within site, south fence line

T19 & 20 – Ceratopetalum gummiferum

1

Within site, rear side north fence

Thyer tree valuations for tree 6 and 7 must be paid to Council prior to removal with receipt forwarded to the PCA to form compliance.

 

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 –

(c)   One (1) street tree of species to be determined must be provided in the road reserve fronting the site, between the driveways.

 

(d)   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.

 

(e)   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.

 

(f)    The fees payable will be adjusted at the time of payment to reflect changes in the cost of delivering public amenities and public services, in accordance with the indices provided by the relevant conditions set out in this consent.

 

Fee Type – Tree planting on public land

Number of trees

Amount per tree

Administration Fee, tree planting and maintenance

X1

$452.00

Tree removal – tree 4 – fronting the site

Tree removal by Council only

Contact Council for fee determination

Stump Grinding by Council only

Contact Council for fee determination

 

29.      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 addresses for the subject development must be allocated as follows:

 

Location within development

Proposed street address to comply with AS/NZS 4819:2011 and  NSW Addressing Manual

Northern lot (proposed dwelling 1)

146 Letitia Street, Oatley NSW  2223

Southern lot (proposed dwelling 2)

148 Letitia Street, Oatley NSW  2223

 

Details indicating compliance with this condition must be shown on the plans lodged with any Construction Certificate for approval.

 

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

 

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

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)     If applicable - Closed circuit television/video inspection (in digital format) of public stormwater drainage systems fronting, adjoining or within the site, and

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

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(a)   Set out before commencing excavation.

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

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

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

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

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

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

 

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

 

36.      Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the applicant’s expense.

 

During Construction

 

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

 

38.      Asbestos Clearance Certificate - An asbestos clearance certificate is to be prepared by a suitably qualified asbestos removalist and be provided to the satisfaction of the PCA after all existing buildings and structures have been demolished.

 

39.      Archaeological Discovery During Excavation -

(a)   Should any relics be unexpectedly discovered on the site during excavation, all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW should be informed in accordance with section 146 of the Heritage Act 1977.

(b)   Should any Aboriginal objects be unexpectedly discovered then all excavation or disturbance of the area is to stop immediately and NSW Government Office of Environment and Heritage is to be informed in accordance with Section 89A of the National Parks and Wildlife Act 1974.

(c)   Should any archaeological remains or Aboriginal objects be discovered, a copy of recording of the finds and the final archaeological summary report is to be submitted to Council prior to the Occupational Certificate;

 

(d)   If the discovery is on Council’s land, Council must be informed.

 

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

 

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

 

41.      Damage within Road Reserve and Council Assets - The owner shall bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.  This may include works by Public Utility Authorities in the course of providing services to the site.

 

42.      Contamination - Unexpected Finds - Any new information that comes to light during demolition or construction which has the potential to alter previous conclusions about site contamination and remediation must be notified to Council and the accredited certifier and all works on site must cease immediately.

 

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

 

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

 

45.      Cost of work to be borne by the applicant - The applicant shall bear the cost of all works associated with the construction of the development that occurs on Council property.  Care must be taken to protect Council's roads, including the made footway, kerbs, etc., and, where plant and vehicles enter the site, the footway shall be protected against damage by deep-sectioned timber members laid crosswise, held together by hoop iron straps and chamfered at their ends.  This construction shall be maintained in a state of good repair and condition throughout the course of construction.

 

46.      Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act 1993 and/or under Section 68 of the Local Government Act 1993.  Penalty infringement Notices may be issued for any offences and severe penalties apply.

 

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

 

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

 

Prior to the issue of the Occupation Certificate

 

48.      Restriction to User and Positive Covenant for On-Site Detention Facility - A Restriction on Use of the Land and Positive Covenant shall be created and registered on the title of the property, which places the responsibility for the maintenance of the on-site stormwater management system on the owners of the land.  The terms of the instrument are to be in accordance with Council’s standard terms and restrictions which are as follows;

 

Restrictions on Use of Land

The registered proprietor shall not make or permit or suffer the making of any alterations to any on-site stormwater management system which is, or shall be, constructed on the lot(s) burdened without the prior consent in writing of Georges River Council. The expression “on-site stormwater management system” shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to manage stormwater quantity or quality including the temporary detention or permanent retention of stormwater storages. Any on-site stormwater management system constructed on the lot(s) burdened is hereafter referred to as “the system”.

 

Name of Authority having the power to release, vary or modify the Restriction referred to is Georges River Council.

 

Positive Covenants

1.      The registered proprietor of the lot(s) hereby burdened will in respect of the system:

a)      keep the system clean and free from silt, rubbish and debris

b)      maintain and repair at the sole expense of the registered proprietors the whole of the system so that if functions in a safe and efficient manner

c)      permit the Council or its authorised agents from time to time and upon giving reasonable notice (but at any time and without notice in the case of an emergency) to enter and inspect the land for the compliance with the requirements of this covenant

d)      comply with the terms of any written notice issued by the Council in respect of the requirements of this covenant within the time stated in the notice.

 

2.      Pursuant to Section 88F(3) of the Conveyancing Act 1919 the Council shall have the following additional powers:

a)      in the event that the registered proprietor fails to comply with the terms of any written notice issued by the Council as set out above the Council or its authorised agents may enter the land with all necessary materials and equipment and carry out any work which the Council in its discretion considers reasonable to comply with the said notice referred to in part 1(d) above

b)      the Council may recover from the registered proprietor in a Court of competent jurisdiction:

 

i.   any expense reasonably incurred by it in exercising its powers under subparagraph (i) hereof. Such expense shall include reasonable wages for the Council’s employees engaged in effecting the work referred to in (i) above, supervising and administering the said work together with costs, reasonably estimated by the Council, for the use of materials, machinery, tools and equipment in conjunction with the said work.

ii.  legal costs on an indemnity basis for issue of the said notices and recovery of the said costs and expenses together with the costs and expenses of registration of a covenant charge pursuant to section 88F of the Act or providing any certificate required pursuant to section 88G of the Act or obtaining any injunction pursuant to section 88H of the Act. Name of Authority having the power to release vary or modify the Positive Covenant referred to is Georges River Council.

 

49.      Maintenance Schedule - On-site Stormwater Management - A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted to Council. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.

 

50.      Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 <http://legislation.nsw.gov.au/> must be submitted to the PCA prior to the issue of the Occupation/Subdivision Certificate.

 

51.      Requirements prior to the issue of the Occupation Certificate - Driveways Works - The following shall be completed and or submitted to the PCA prior to the issue of the Occupation Certificate:

 

(a)   All the stormwater/drainage works shall be completed in accordance with the approved Construction Certificate plans prior to the issue of the Occupation Certificate.

(b)   The internal driveway construction works, together with the provision for all services (conduits and pipes laid) shall be completed in accordance with the approved Construction Certificate plans prior to the issue of the Occupation Certificate.

(c)   Construct any new vehicle crossings required.

(d)   Replace all redundant vehicle crossing laybacks with kerb and guttering, and replace redundant concrete with turf.

(e)   Work as Executed Plans prepared by a Chartered Professional Engineer or a Registered Surveyor when all the site engineering works are complete shall be submitted to the PCA prior to the issue of the Occupation Certificate.

 

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

 

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

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

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

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

 

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

 

54.      Completion of Landscape Works

 

(a)   All landscape works, the planting of four (4) trees and fees payable for Councils street tree planting and removal must be completed before the issue of the Final Occupation Certificate. 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Operational Conditions (Ongoing)

 

58.      Noise Control - The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997 (as amended).

 

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

 

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

 

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

 

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

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

 

61.      Maintenance of Landscaping

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

 

Tree Replacement within subject site

(b)   The following replacement/ planted trees are to be planted prior to the issue of either an Occupation Certificate or Subdivision Certificate (whichever is first). All replacement trees must be replanted a minimum of 3m away from any driveway, building or structure.

 

(c)   A minimum of 4 x 45 litre size trees, which will attain a minimum mature height of nine (9) metres, shall be planted within the property. The trees are to conform to AS2303 – 2018, Tree stock for landscape use.

 

(d)   Tree species selected shall be from Georges River Councils Tree Management Policy, April 2019. Appendix 1 – Tree Planting.

 

(e)   If the replacement trees are found to be faulty, damaged, dying or dead within twelve (12) months of planting then they must be replaced with the same species. If the trees are found dead before they reach a height where they are protected by Councils Tree Management Controls, they must be replaced with the same species and pot/bag size.

 

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

 

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

 

63.      Amenity of the neighbourhood - The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the comfort or repose of a person who is outside the premises by reason of the emission or discharge of noise, fumes, vapour, odour, steam, soot, dust, waste water, waste products, grit, oil or other harmful products.

 

Operational Requirements Under the Environmental Planning & Assessment Act 1979

 

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

 

65.      Appointment of a PCA - The erection of a building must not commence until the applicant has:

 

(a)   appointed a PCA for the building work; and

(b)   if relevant, advised the PCA that the work will be undertaken as an Owner -Builder.

 

If the work is not going to be undertaken by an Owner - Builder, the applicant must:

 

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

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

 

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

 

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

 

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

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

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

 

67.      Notice of Commencement - The applicant must give at least two days notice to the Council and the PCA of their intention to commence the erection of a building. A Notice of Commencement Form is attached for your convenience.

 

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

 

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

 

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

 

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

 

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

 

An Occupation Certificate Application Form is attached for your convenience.

 

Prescribed Conditions

 

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

 

72.      Clause 98 - Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia.  In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

 

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

 

74.      Clause 98B - Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council.  The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989.

 

75.      Clause 98E - Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

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

 

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

 

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

 

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

 

Advice

 

77.      Review of Determination - Section 8.2 of the Environmental Planning and Assessment Act confers on an applicant who is dissatisfied with the determination of the application the right to lodge an application with Council for a review of such determination. Any such review must however be completed within 6 months from its determination. Should a review be contemplated sufficient time should be allowed for Council to undertake public notification and other processes involved in the review of the determination.

 

Note: Review provisions do not apply to Complying Development, Designated Development, State Significant Development, Integrated Development or any application determined by the Sydney South Planning Panel or the Land & Environment Court.

 

78.      Appeal Rights - Part 8 (Reviews and appeals) of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales.

 

79.      Lapsing of Consent - This consent will lapse unless the development is physically commenced within 5 years from the Date of Operation of this consent, in accordance with Section 4.53 of the Environmental Planning and Assessment Act 1979 as amended.

 

80.      Torrens Title Subdivision of a Dual Occupancy Development - A separate development application is required to be lodged with Council for the Torrens Title Subdivision of a Dual Occupancy.  Development consent for Torrens Title Subdivision cannot be granted until after the final Occupation Certificate has been issued for the Dual Occupancy Development.

 

81.      Underground Cables (Ausgrid Condition)- Special care should also be taken to ensure that driveways and any other construction activities within the footpath area do not interfere with the existing cables in the footpath. Ausgrid cannot guarantee the depth of cables due to possible changes in ground levels from previous activities after the cables were installed. Hence it is recommended that the developer locate and record the depth of all known underground services prior to any excavation in the area.

 

Safework Australia – Excavation Code of Practice, and Ausgrid’s Network Standard NS156 outlines the minimum requirements for working around Ausgrid’s underground cables. Should ground anchors be required in the vicinity of the underground cables, the anchors must not be installed within 300mm of any cable, and the anchors must not pass over the top of any cable.

 

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

 

82.      Long Service Levy - The Long Service Corporation administers a scheme which provides a portable long service benefit for eligible workers in the building and construction industry in NSW. All benefits and requirements are determined by the Building and Construction Industry Long Service Payments Act 1986. More information about the scheme and the levy amount you are required to pay to satisfy a condition of your consent can be found at http://www.longservice.nsw.gov.au.

 

The required Long Service Levy payment can be direct to the Long Service Corporation via their web site https://online.longservice.nsw.gov.au/bci/levy.  Payments can only be processed on-line for the full levy owing and where the value of work is between $25,000 and $6,000,000. Payments will be accepted for amounts up to $21,000, using either MasterCard or Visa.

 

83.      Security deposit administration & compliance fee - Under Section 97 (5) of the Local Government Act 1993, a security deposit (or part) if repaid to the person who provided it is to be repaid with any interest accrued on the deposit (or part) as a consequence of its investment.

 

Council must cover administration and other costs incurred in the investment of these monies. The current charge is $50.00 plus 2% of the bond amount per annum.

 

The interest rate applied to bonds is set at Council's business banking facility rate as at 1 July each year.  Council will accept a bank guarantee in lieu of a deposit.

 

All interest earned on security deposits will be used to offset the Security Deposit Administration and Compliance fee. Where interest earned on a deposit is not sufficient to meet the fee, it will be accepted in full satisfaction of the fee.

 

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

 

85.      Stormwater & Ancillary Works - Applications under Section 138 Roads Act and/or Section 68 Local Government Act 1993 - To apply for approval under Section 138 of the Roads Act 1993 and/or Section 68 Local Government Act 1993:

 

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

(b)   In the Application Form, quote the Development Consent No. (eg. DA2020/0***) and reference this condition number (e.g. Condition 23)

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

 

The developer must meet all costs of the extension, relocation or reconstruction of any part of Council’s drainage system (including design drawings and easements) required to carry out the approved development.

 

The preparation of all engineering drawings (site layout plans, cross sections, longitudinal sections, elevation views together with a hydraulic grade analysis) and specifications for the new stormwater drainage system to be arranged by the applicant.  The design plans must be lodged and approved by Council prior to the issue of a Construction Certificate.

NOTE: A minimum of four weeks should be allowed for assessment.

 

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

 

87.      Site Safety Fencing - Site fencing must be erected in accordance with SafeWork Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

A demolition licence and/or a high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).

 

 

ATTACHMENTS

Attachment 1

Site plan, elevation plans, and streetscape plan - 146 Letitia St Oatley

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 5 August 2021

LPP032-21              146 Letitia Street Oatley

[Appendix 1]           Site plan, elevation plans, and streetscape plan - 146 Letitia St Oatley

 

 

Page 56

 





Georges River Council – Local Planning Panel   Thursday, 5 August 2021

Page 108

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 05 August 2021

 

LPP Report No

LPP033-21

Development Application No

DA2021/0009

Site Address & Ward Locality

565 King Georges Road Penshurst

Mortdale Ward

Proposed Development

Demolition and construction of a two (2) storey boarding house with hardstand parking, fencing, landscaping and site works

Owners

Mr Rifaat Gergis Hanna (executor of estate)

Applicant

Mr Azzam Yousef

Planner/Architect

Planner: Yousef Services / Designer: A to Z Building Consultants

Date Of Lodgement

13/01/2021

Submissions

One submission

Cost of Works

$580,000.00

Local Planning Panel Criteria

General Manager Delegation- Development for the purposes of a boarding house

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

State Environmental Planning Policy (Affordable Rental Housing) 2009; State Environmental Planning Policy (Infrastructure) 2007;

State Environmental Planning Policy No 55 - Remediation Of Land; State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004; State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017; Draft Environment State Environmental Planning Policy; Draft Remediation of Land SEPP; Draft Georges River Local Environmental Plan 2020; Draft Design and Place State Environmental Planning Policy

Hurstville Local Environmental Plan 2012; Hurstville Development Control Plan No1 (amendment No. 7); Draft Georges River Local Environmental Plan 2020.

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

Architectural Plans, Statement of Environmental Effects,

Plan of Management, Arborist Report, Traffic Report,

Acoustic Report, Survey Plan, BASIX Certificate,

Stormwater plans,  LPP Minutes and refused plans for DA2019/0545 and REV2020/0016

Report prepared by

Development Assessment Planner

 

 

Recommendation

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

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

Not Applicable

 

Special Infrastructure Contributions

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

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, conditions can be reviewed when the report is published

 

Site Plan

Figure 1: Aerial view of subject site outlined in red (Intramaps 2021)

 

Executive Summary

Proposal

1.         Development consent is sought for the demolition works and construction of a two (2) storey boarding house comprising of ten (10) boarding rooms with hardstand parking, fencing, landscaping and site works.

 

2.         The proposal reasonably complies with all the applicable environmental planning instruments, development standards, and controls.

 

Site and Locality

3.         The site is legally described as Lot 8 in DP 12478 and is known as 565 King Georges Road, Penshurst. The site is located on the western side of King Georges Road (classified Road) approximately 40m from its intersection with Young Street (to the north).The site is a rectangular in shape and has a frontage of 13.41m and a site area of 843.69sqm. The site observes a gentle slope to the street.

 

4.         The site contains a single dwelling house with detached outbuildings. One (1) tree (Lophostemon Confertus) is located along the southern side boundary towards the rear of the property.

 

5.         The local area is characterised by single and two (2) storey dwelling houses mostly traditional in design with a brick and tiled roof finish.

 

Zoning and Permissibility

6.         The site is zoned R2 - Low Density Residential under the provisions of Hurstville Local Environmental Plan 2012 (HLEP 2012). Boarding houses are permitted with consent.

 

Submissions

7.         The application was notified in accordance with Hurstville Development Control Plan No 1, one (1) individual submission was received objecting to the application. The issues raised are summarised below:

 

·     Insufficient parking;

·     Neighbourhood Amenity;

·     Crime prevention;

·     Safety;

·     Overlooking;

·     Acoustic impacts; and

·     Sightlines.

 

Conclusion

8.         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 (DA2021/0009) is recommended for approval subject to conditions for the reasons contained within this report.

 

Report in Full

Proposal

9.         Development consent is sought for the demolition works and construction of a two (2) storey boarding house comprising of ten (10) boarding rooms with hardstand parking, fencing, landscaping and site works.

 

10.      Further details of the proposed development are as follows:

 

Demolition And Excavation

·     Demolition of the existing single storey building, detached garage, and sheds;

·     Earthworks along the site;

 

Construction

·     Ground floor layout:

Entry foyer with accessible platform lift leading to the main entry;

Provision of three (3) double lodger boarding rooms one of which is accessible, and one (1) single lodger boarding room (no room contains private kitchen facilities);

Shared kitchen and laundry room;

Communal room with communal open space area adjacent to this room; and

Stairs leading to upper level.

 

·     First floor layout:

Provision of six (6) double lodger boarding rooms two of which contain a private kitchen facility, with room 9 containing a balcony facing the street; and

Lift, stairs and storage area.

 

·     Outdoor works:

Paved pedestrian entry leading to the building;

A 6.0m wide driveway crossing onto King Georges Road with an internal waiting bay;

Internal driveway along southern side boundary leading to the rear hard-paved parking area containing provisions for five (5) car parking spaces one of which is accessible, two motorcycle spaces, 2 bicycle spaces;

Bin area along southern façade of building;

Rear communal open space area; and

1.0m high front fence along the northern-eastern corner of the site onto King Georges Road.

 

Diagram

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Figure 2: Proposed site plan

 

The Site and Locality

11.      The site is legally described as Lot 8 in DP 12478 and is known as 565 King Georges Road, Penshurst. The site is located on the western side of King Georges Road (classified Road) approximately 40m from its intersection with Young Street (to the north). The site is a rectangular in shape and has a frontage of 13.41m in width and a site area of 843.69sqm. The site observes a gentle slope to the street.

 

12.      The site currently accommodates a single storey brick and tiled single dwelling house with a detached garage and two sheds. One (1) tree (Lophostemon Confertus) is located along the southern side boundary towards the rear of the property.

 

13.      The subject site is located within a residential area that is predominantly characterised by detached one and two storey dwellings mostly traditional in design with a brick and tiled roof finish.

 

14.      Immediately adjoining the site to the south is a two storey brick and tiled dwelling. Adjoining the site to the north is a single storey brick and tiled dwelling. Adjoining the site to the rear is a single storey brick and tiled dwelling with a detached outbuilding within its rear yard.

 

15.      Opposite the subject site, across King Georges Road are single dwelling houses and multi-dwelling developments.

 

16.      In the wider context, the subject site is located approximately 250m west of Gifford Park, and 315m south of the intersection of Stoney Creek Road and King Georges Road. The site is approximately 850m south (walking distance) of Beverly Hills station

 

A picture containing grass, outdoor, sky, ground

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Figure 3: Street view as per Officer Inspection

 

Background

17.      Development Application ‘DA2019/0545’ was refused by the Local Planning Panel on 21 May 2021 for the demolition of existing structures and construction of a 12 room boarding house. The main refusal reasons included non-compliance with the Affordable Rental Housing SEPP, traffic issues in relation to Transport for NSW, parking issues, development within the TPZ of the rear tree, accessibility issues, and bulk and built form concerns.

 

18.      Section 8.2 Review Application ‘REV2020/0016’ was refused by the Georges River Local Planning Panel on 3 September 2020 in relation to a review of determination of DA2019/0545 for the demolition of existing structures and construction of a 12 room boarding house. The main refusal reasons included adverse traffic impacts due to design of the driveway, insufficient amount of communal open space area, lack of landscaping, and internal amenity concerns.

 

19.      As part of the current application ‘DA2021/0009’ the plans as originally lodged were not accepted by Council due to the ramping within the building, works within the TPZ of the rear tree, overall bulk, inadequate waste facilities, internal amenity issues, internal layout issues, and compliance with the Affordable Housing SEPP.

 

20.      Following a meeting with the applicant, the plans were amended to resolve all the issues raised by Council. The ramping within the building was removed with a platform lift introduced. The pedestrian path was also made flat in lieu of the originally proposed ramp. The internal layout was improved, and the previous storage room was converted to a communal kitchen and laundry room. A communal open space area was added adjacent to the rear communal room. Works within the TPZ were reduced to an acceptable level which was endorsed by Council’s Consultant Arborist.

 

Compliance and Assessment

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

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

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

 

SEPP Title

Complies

State Environmental Planning Policy (Affordable Rental Housing) 2009

Yes

State Environmental Planning Policy (Infrastructure) 2007

Yes

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

Yes

State Environmental Planning Policy No 55 - Remediation of Land

Yes

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

Yes

 

STATE ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009

23.      The application is designed having regard to the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARH SEPP) and as such the provisions of Division 3 relating to Boarding Houses are applicable to the application.

 

Division 3 Boarding Houses

 

Clause 25 - 28 Development to which this Division applies

24.      The subject site is located in the R2 Low Density Residential Zone, boarding houses are permissible with consent under the Hurstville Local Environmental Plan 2012 (HLEP).  The site satisfies the provisions of Clause 27 of the ARH SEPP 2009 which states the following:

 

27  Development to which Division applies

(1)     This Division applies to development, on land to which this Division applies, for the purposes of boarding houses.

(2)     Despite subclause (1), this Division does not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone in the Sydney region unless the land is within an accessible area.

(3)     Despite subclause (1), this Division does not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone that is not in the Sydney region unless all or part of the development is within 400 metres walking distance of land within Zone B2 Local Centre or Zone B4 Mixed Use or within a land use zone that is equivalent to any of those zones.’

 

25.      The site is located in the Sydney region and therefore must be located in an accessible area for the division to apply. An accessible area is defined by Clause 4 of State Environmental Planning Policy (Affordable Rental Housing) 2009 as follows:

 

accessible area means land that is within:

(a)  800m walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or

(b)  400m walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or

(c)   400m walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.’

 

26.      The subject site satisfies the requirements of an accessible area as defined in (c) above. A map and table outlining bus services within proximity to the site is provided below. The following services were operating at the time of the preparation of this assessment report.

 

Location of Bus Stop

Bus Route

Walking Distance

Mon – Fri Frequency

Saturday Frequency

Sunday Frequency

Cambridge Street and George Street

M91

Towards Parramatta

400m

Complies

Complies

Complies

M91

Towards Hurstville

400m

Complies

Complies

Complies

 

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Figure 4: Map showing bus stops within 400m of the subject site (Source: Google Maps, 2021).

 

Clause 29 - Standards that cannot be used to refuse consent

27.      Council cannot refuse a development application for a boarding house under the Affordable Rental Housing SEPP 2009 for the following reasons if the proposal meets the criterion.

 

Clause 29

Standards

Proposal

Complies

Floor Space Ratio

-  If  Residential accommodation is permitted

If the density and scale of the buildings when expressed as a FSR is not more than the existing maximum FSR for any form of residential accommodation permitted (0.6:1 under HLEP 2012).

 

Site area = 843.62sqm

Maximum = 506.17sqm

351sqm or 0.41:1

 

Yes

Height

If the building height is not more than the maximum height permitted under another EPI for any building on the land:

Maximum 9m in R2 under the HLEP 2012.

8.1m

Yes

Landscape Area

The landscape treatment of the front setback area is compatible with the streetscape in which the building is located.

The front setback is appropriately landscaped consistent with the streetscape character of King Georges Road where it serves to provide a suitable balance between built form and landscaped elements along this frontage.

 

The front area will contain a deep soil zone, a relatively flat pedestrian path, a small front fence along the northern portion of the frontage and a driveway. The landscape plan shows a 45ltr crape myrtle tree within the front setback area.

 

Note: The OSD basin in the front setback is a deep soil zone. The basin is a natural deep soil grass area, as opposed to the OSD tank which is below the main driveway leading to the rear parking area.

Yes

Solar Access

Where the development provides for one or more communal living rooms, if at least one of those rooms receives minimum of 3 hours direct sunlight between 9am and 3pm in midwinter.

 

The communal room and the kitchen communal room both include windows along the north-western façade to maximize solar access. Both rooms will receive in excess of 3 hours of solar access in midwinter.

 

A condition has been imposed requiring all fire-rated windows be openable windows (as per NCC) to prevent the installation of glass block windows.

Yes

Private Open Space

(other than the front setback area)

If a minimum of the following is provided:

(i)    one area of at least 20sqm with a minimum dimension of 3m is provided for the use of the lodgers

 

 

 

 

(ii)   if accommodation is provided on-site for a boarding house manager—one area of at least 8sqm with a minimum dimension of 2.5m is provided adjacent to that accommodation

 

 

20sqm area is provided in the form of a paved communal terrace along the northern-western rear facade of the building; adjacent to the communal room.

 

No manager is proposed to reside onsite as there are less than 20 boarders accommodated.

 

 

Yes

 

 

 

 

 

 

 

 

N/A

 

Parking

(ii) in the case of development not carried out by or on behalf of a social housing provider — at least 0.5 parking spaces are provided for each boarding room,

 

(iii)  in the case of any development — not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site

In this case: 10 lodger rooms x 0.5 car space = 5 car spaces required, 5 car spaces have been provided (one of which is an accessible space).

 

No manager is proposed to reside onsite.

 

Yes

 

 

 

 

 

 

 

N/A

Accommodation size

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:

 

(i)    12sqm in the case of a boarding room intended to be used by a single lodger, or

(ii)   16sqm in any other case

 

 

 

 

 

 

 

 

 

 

 

 

10 boarding room are proposed.

 

Room 1: double, 20sqm excluding bathroom (accessible)

Room 2: double, 18sqm excluding bathroom

Room 3: single, 16sqm excluding bathroom

Room 4: double, 17sqm excluding bathroom

Room 5: double, 17sqm excluding bathroom

Room 6: double, 20sqm excluding bathroom and kitchen facilities

Room 7: double, 18sqm excluding bathroom

Room 8: double, 17sqm excluding bathroom

Room 9: double, 24sqm excluding bathroom and kitchen facilities

Room 10: double, 17sqm excluding bathroom

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Clause 30 - Standards for Boarding Houses

28.      A consent authority must not consent to development for boarding houses unless it is satisfied of each of the following.

 

Clause 30

Standards

Proposal

Complies

Communal living

(a) if a boarding house has 5 or more boarding rooms, at least one communal living room will be provided

10 rooms proposed - two communal living rooms provided. (kitchen/laundry area and a separate sitting area).

Yes

 

Size of boarding rooms

(b) no boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25sqm

No boarding room has an area exceed 25sqm in size (excluding any area used for the purposes of private kitchen or bathroom facilities)

Yes

Maximum occupancy

(c) no boarding room will be occupied by more than 2 adult lodgers

Maximum 2 adult lodgers per room proposed for double lodger rooms. Room 3 will be a single lodger room.

Yes, by condition

Kitchen and bathroom facilities

(d) adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger

A shared communal kitchen room is provided on the ground floor.

 

Two boarding rooms being rooms 6 and 9 have private kitchen facilities.

Yes

Boarding house manager

(e) if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager

The boarding house has a total occupant capacity of 19, thus a boarding house manager is not required.

 

As per the plan of management, a caretaker will be appointed to manager the day to day operations of the boarding house.

Yes

Bicycle and motor cycle space

(h) at least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.

In this case 10 boarding rooms provided:

2 motorcycle and 2 bicycle spaces required.

2 of each have been provided.

Yes

 

30AA Boarding houses in Zone R2 Low Density Residential

29.      Clause 30AA states that:

 

A consent authority must not grant development consent to a boarding house on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone unless it is satisfied that the boarding house has no more than 12 boarding rooms.

             

30.      The proposed boarding house is located in an R2 Low Density Residential zone and consists of ten (10) boarding rooms.

 

Clause 30A – Character of local area

31.      Clause 30A states that Council cannot grant consent to a boarding house unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

 

32.      Case law has held that the test in Clause 30A is “one of compatibility not sameness” (Gow v Warringah Council [2013] NSWLEC 1093 (15 March 2013)). Compatibility is widely accepted to mean “capable of existing together in harmony” (Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191.

 

33.      It has also been held that in assessing ‘compatibility’ both the existing and future character of the local area needs to be taken into account (Sales Search Pty Ltd v The Hills Shire Council [2013] NSWLEC 1052 (2 April 2013) and Revelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029).

 

Relationship to the Existing and Future Character of the Local Area

34.      In Revelop Projects Pty Ltd v Parramatta City Council [2013] NSW LEC 1029, Commissioner Morris concluded that the ‘local area’ includes both sides of the street and the ‘visual catchment’ as the minimum area to be considered in determining compatibility.

 

35.      The ‘local area’ in this case is taken to include both sides of King Georges Road and the immediate surrounding streets. Within this local area, development is primarily characterised by single and double storey dwelling houses being brick and tiled in finish. Most dwellings have a large driveway onto King Georges road, a small front fence, and a deep soil zone within the front setback.

           

36.      In Project Venture Developments v Pittwater Council [2005] NSWLEC 191 the Land and Environment Court specifically set out a relevant planning principle. Consideration has therefore been given to the two key questions identified in the Land and Environment Court Planning Principles:

 

(a) Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.

 

37.      Comment: The proposal in its current form is considered to result in a built form that is consistent with that of a two (2) storey development. The height does not exceed the permitted height control of 9.0m and the built form is articulated along the side to reduce the bulk of the building. Due to these reasons it is considered that the development will not result in adverse overshadowing impacts to neighbouring properties. By virtue of the submitted shadow diagrams, the majority of the shadows in midwinter will fall on the site itself.

 

38.      The FSR proposed is not more than what is permissible for dwelling houses on the allotment (being 410.5sqm as per clause 6.5 of HLEP 2012). From a bulk and scale perspective the proposal is not anticipated to present as dissimilar to development in its surrounding locality, or development yet to be constructed within the locality.

 

39.      The proposal adopts a traditional architectural typology and materiality. The development includes a pitched roof and face brickwork with rendered elements which is consistent with surrounding development.

 

40.      The landscape setting to the street frontage again is not dissimilar to what can be found in the surrounding area. The proposal provides for a sufficient deep soil zone within the front setback and within the rear.

 

41.      This development has reduced the impact on the tree in the rear of the site which is to be retained. The proposal was assessed by Council’s Consultant Arborist and was found to be acceptable.

 

42.      The amended driveway design together with the addition of the waiting bay has been endorsed by Transport for NSW subject to conditions. The proposed parking layout was also supported by Council’s Traffic Engineer. In this regard the proposal is not anticipated to result in adverse traffic and parking impacts.

 

43.      Given the proposal is along a classified road and the development will house up to 19 occupants, an acoustic report accompanied the application. The acoustic report concluded that the development will be capable of achieving the required acoustic standards and will not result in adverse acoustic impacts.

 

44.      In relation to privacy, all widows along the first floor side elevations have been raised and treated to address overlooking impacts accordingly. A condition has been imposed requiring all fire-rated windows along the north-western façade to be openable windows (as per NCC which will require protection under this criterion). The condition is to prevent the use of glass block windows which prevent natural ventilation and only allow for filtered light to reach the rooms.

 

45.      For the reasons stated above, it is considered that the proposed development will not result in an unreasonable impact upon surrounding residential development and will not constrain the development potential of adjoining sites.

 

(b) Is the proposal’s appearance in harmony with the buildings around it and the character of the street?

 

46.      Comment: The existing streetscape is characterised by single and two (2) storey detached dwellings with a brick and tiled in finish. Most dwellings have a large driveway onto King Georges Road a small front fence and a deep soil zone within the front setback.

 

47.      The proposed boarding house is two storey in nature and will observe an earthy face brick finish with a tiled black roof. The chosen colour palette will blend into the surrounding locality given the majority of dwellings observe similar colours and finishes.

 

48.      The proposed landscape zone in the front, in addition to the proposed trees and shrubs, and the small front fence will further allow the boarding house to sit well within its surroundings.

 

49.      In relation to the side facades, the north-eastern and south-western side elevations provide for adequate articulation and appropriate architectural relief.

 

50.      With the absence of a statement of desired future character in the DCP, the bulk and scale of development is derived by the applicable development standards contained within the Hurstville Local Environmental Plan that permit a particular built form. The proposed height and floor space is consistent with the development on the R2 – Low Density Zone and the setbacks proposed are consistent with residential development. The built form is therefore considered to be of an appropriate scale and character within the streetscape.

 

Comparison Table

51.      The character of an area is not only defined by what is physically existing on the adjoining allotments, but also what is permitted under the planning controls which apply at the time.

 

The proposal adopts a built form commensurate with that of a two storey dwelling house. 

 

52.      Whilst Council does not have prescribed controls for the built form of boarding houses, as a “best fit” in consideration of the Character Test, the proposal has been considered against the provisions Section 4.1 Single Dwelling Houses of Development Control Plan No 1 – LGA Wide below.

 

Control

Single Dwelling

Proposal

Height

 

Maximum ceiling height

9m

 

7.2m

8.1m

 

6.13m

Floor Space Ratio

0.6:1 (0.48:1 in this case for dwelling house only as  per clause 6.5 of HLEP 2012)

351sqm or 0.41:1

 

Landscape (minimum 2m x 2m)

20%

23% or 197.28sqm (minimum 2m x 2m)

Setbacks:

Front

 

Rear setback:

Ground

First

 

Side setback:

Ground

 

First

 

4.5m

 

 

3m

6m

 

 

900mm

 

1.2m

 

6.1m

 

 

28.54m

28.54m

 

 

North East – 1.2m

South West – 3.6m

North East – 1.2m

South West - 3.6m

 

53.      As demonstrated by the above table, the proposed development observes key controls comparable with that of a single two (2) storey dwelling house resulting in the built form being consistent with the existing character and not inconsistent with the future character given the Draft Local Environmental Plan 2020 retains the current zoning, height and floor space controls.

 

54.      Assessing ‘compatibility’ requires both the existing and future character of the local area to be taken into account (Sales Search Pty Ltd v The Hills Shire Council [2013] NSWLEC 1052 and Revelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029). It is acknowledged that there are sites within the King Georges Road streetscape that are yet to reach their development potential. However, given the proposed development has been designed in accordance with what may be considered an acceptable setback and separation from neighbouring developments, the design and streetscape presentation of future development on adjoining sites is likely to resemble that of the proposed development.

 

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

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

 

56.      A review of the site history indicates that the site has been used for residential purposes for extended periods of time, and such uses and/or development are not typically associated with activities that would result in the contamination of the site. The proposed works do not include any change to the use of the land that would result in any concerns with respect to contamination. There is no indication of previous uses that would cause contamination. In this regard there is no indication that the land is contaminated. The criterion of SEPP 55 have been satisfied.

 

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

57.      A BASIX Certificate is required to be lodged for any residential development application in NSW. BASIX Certificate 1207103M dated 27 May 2021 was lodged to confirm that the proposed development satisfies the sustainability requirements. 

 

STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007

58.      The aim of the Infrastructure SEPP is to facilitate the effective delivery of infrastructure across the State. The DA was referred to Ausgrid in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Ausgrid advised there are no issues with the proposal and no conditions recommended.

 

59.      As the subject site is located on King Georges Road, the proposal was referred to Transport for NSW. The proposal was supported by Transport for NSW subject to conditions.

 

60.      As per clause 102 (Impact of road noise or vibration on non-road development) of the Infrastructure SEPP, the development was required to be accompanied by an acoustic report given King Georges Road has a daily traffic volume of more than 20,000 vehicles.

 

61.      An acoustic report accompanied the proposal, concluding that the required standard will be met subject to compliance with the recommendations of the report. The acoustic report was assessed by Council’s Environmental Health team and was endorsed. Relevant conditions have been imposed in that regard.

 

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

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

 

63.      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). 

 

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

 

65.      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).

 

66.      No trees or significant vegetation are proposed for removal. All neighbouring trees will be required to be protected during construction works. The rear major tree (Lophostemon confertus) will be retained and protected.  The application in its current form was referred to Council’s Consulting Arborist who supported the application subject to specific landscape conditions and the protection of the Lophostemon confertus tree.

 

Draft Environmental Planning Instruments

DRAFT ENVIRONMENTAL STATE ENVIRONMENTAL PLANNING POLICY

67.      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.

 

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

 

DRAFT REMEDIATION OF LAND STATE ENVIRONMENTAL PLANNING POLICY

69.      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.

 

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

 

DRAFT DESIGN AND PLACE SEPP

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

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

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

 

73.      The allotment is zoned R2 – Low Density Residential Zone, a boarding house is permissible with consent.

 

Figure 5: Zoning Map – site outlined in red

 

Clause

Standard

Proposed

Complies

Part 1 Preliminary

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

The development is consistent with the aims of the plan.

Yes

1.4 - Definitions

Boarding House:

means a building that:

(a) is wholly or partly let in lodgings, and

(b) provides lodgers with a principal place of residence for 3 months or more, and

(c) may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and

(d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers, but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.

The proposed development is consistent with the definition.

Yes

Part 2 Permitted or prohibited development

2.3 - Zone objectives and Land Use Table

Meets objectives of R2- Low Density Residential Zone:

 

Development must be permissible with consent and satisfy the below objectives:

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

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

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

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

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

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

The proposal satisfies the objectives of the R2 zone and is permissible with development consent.

Yes

Part 4 Principal development standards

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

8.1m

Yes

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

351sqm or 0.41:1

 

Yes

Part 5 Miscellaneous provisions

5.10 – Heritage conservation

In accordance with Clause 5.10 (1)

The site is not a heritage item and not located within the vicinity of any heritage items.

The site is not in a heritage conservation area.

Yes

Part 6 Additional local provisions

6.1 – Acid sulfate soils

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

Site has not been identified as located in an area containing Acid Sulfate Soils as per the LEP maps.

Yes

6.7 – Essential Services

The following services that are essential for the development shall be available or that adequate arrangements must be made available when required:

 

-    Supply of water, electricity and disposal and management of sewerage

 

 

 

 

-    Stormwater drainage or on-site conservation

 

 

-    Suitable vehicular access

 

 

 

 

 

 

 

 

-     Adequate facilities for the supply of water and removal of sewage is available to the site and can be extended to service this development.

 

-     Stormwater can drain via gravity to the street.

 

-     New 6.0m wide driveway crossing to King Georges Road as required by Transport for NSW. (standard conditions for the submission of a separate vehicular crossing applications and driveway design have been imposed)

Yes

 

DRAFT GEORGES RIVER LOCAL ENVIRONMENTAL PLAN 2020

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

 

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

 

DEVELOPMENT CONTROL PLANS

76.      The proposal has been assessed under the relevant sections of Development Control Plan No 1 (Amendment No 7) (DCP) as follows.

 

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE – SECTION 3.1 VEHICLE ACCESS, PARKING AND MANOEUVRING

77.      The DCP requires parking to be required at a rate of one (1) space per three (3) beds plus one (1) space per two (2) employees. As the development proposes ten (10) beds, 3.3 (rounded to 4) car spaces are required to be provided.

 

78.      The proposal provides five (5) car spaces, two (2) motorcycle spaces, and two (2) bicycle spaces, satisfying the car parking requirements of the DCP.

 

79.      The design and layout of the parking area is consistent with the objectives of Section 3.1 of the DCP and the relevant Australian Standards.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.3 ACCESS AND MOBILITY

80.      Section 3.3 requires that one (1) accessible room be provided per five (5) bedrooms or part thereof. As the proposed development accommodates ten (10) bedrooms, two (2) accessible rooms are required. The development provides one (1) accessible room being room one. A condition has been imposed requiring room 2 also be an accessible room thus satisfying the DCP control.

 

81.      One (1) accessible car parking spaces has been provided in accordance to Table 1 DS1.1 of Section 3.3 (1 parking space per 10 bedrooms or part thereof shall be provided in accordance with AS 2890).

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

82.      The proposal has been assessed in accordance with the relevant provisions. The proposal allows opportunities for passive and casual surveillance to and from the street. The Plan of Management provided will form part of the development consent conditions and covers acceptable behaviour protocols of boarders and visitors.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 LANDSCAPING

83.      A detailed landscape plan was submitted with the application and was assessed by Council’s Consultant Arborist. Specific conditions of consent have been imposed requiring specific landscape provisions in addition to the retention and protection of the Lophostemon Confertus tree.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 STORMWATER

84.      The development can drain to the street via gravity. Appropriate conditions of consent relating to stormwater and onsite detention (OSD) have been imposed based on the recommendations of Council’s Development  Engineer.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 – SECTION 4.6 SPECIFIC CONTROLS FOR RESIDENTIAL DEVELOPMENT

85.      It is noted that, pursuant to Clause 8 of State Environmental Planning Policy (Affordable Rental Housing) 2009, the provisions of the State Environmental Planning Policy prevail to the extent of any inconsistency with any other planning instrument. Council’s DCP does not contain any specific controls for boarding house developments. The proposal has been considered against the provisions relating to dwelling houses in order to establish whether the design of the development is compatible with the character of the local area.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - APPENDIX 1 - SECTION 7 WASTE MANAGEMENT

86.      A Waste Management Plan has been submitted with the application which is acceptable. Conditions requiring the provision of appropriate waste facilities for the ongoing use of the development have been imposed.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - APPENDIX 1 - SECTION 8 ENERGY EFFICIENCY

87.      The application is accompanied by a BASIX Certificate which identifies that the development meets the target scores.

 

88.      In terms of overshadowing, shadow diagrams submitted with the application show that the proposed development will comply with the State Environmental Planning Policy Affordable Rental Housing 2009 (ARH SEPP) solar access requirements. The ARH SEPP 2009 requires that the communal room of a boarding house receives minimum of 3 hours direct sunlight between 9.00am and 3.00pm in mid-winter. This control has been satisfied as the communal room includes windows along the northern-western facade to maximise solar access. The shadow diagrams show that most of the shadow cast will be predominantly in the morning hours when the sun in low on the horizon. The impact will mostly fall on the site itself.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - APPENDIX 1 - SECTION 9 PRESERVATION OF TREES AND VEGETATION

89.      No trees or significant vegetation are proposed for removal. All neighbouring trees will be required to be protected during construction works. The major tree in the rear (Lophostemon confertus) will be retained and protected.  The application in its current form was referred to Council’s Consultant Arborist who supported the application subject to specific landscape conditions and the protection of the Lophostemon Confertus tree.

 

GEORGES RIVER DEVELOPMENT CONTROL PLAN 2020 (INTERIM POLICY)

90.      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.

 

91.      In relation to the proposed boarding house, the proposal does not conflict with the controls of the Interim Policy Development Control Plan.

 

IMPACTS

Natural Environment

92.      The proposal does not seek to remove any significant trees and conditions are recommended for the protection of neighbouring trees on the adjoining properties. The development provides sufficient area for landscaping and a condition is also recommended for the retention and protection of the Lophostemon Confertus tree located in the rear of the site.

 

93.      The proposal seeks to drain to the street which is consistent with Council’s requirements and a requirement for OSD is also recommended as a condition of consent.

 

94.      The development will not result in any significant adverse impacts on the natural environment.

 

Built Environment

95.      The built form of the proposed development is of a bulk and scale that is consistent with contemporary two storey dwelling houses in the locality. Further, the pitched roof design and brick finish of the proposed boarding house is similar to existing dwelling houses in close proximity to the site. The proposal is complimentary to the existing character of the streetscape and representative of the low density residential nature of the area.

 

96.      Shadow diagrams for the proposed development accompanying the development application indicate shadow cast by the proposed development at 9am, 12 noon and 3pm on the winter solstice (21 June) demonstrate that the shadow will fall on the site itself, with minor shadow impacting the southern neighbour between 12 noon and 3pm during midwinter. The impact is considered acceptable given compliance with the solar requirements is achieved and the building envelope proposed is consistent with that of a two storey dwelling house.

 

Social Impact

97.      The proposal is not considered to result in any adverse social impact. The proposal meets the requirements of State Environmental Planning Policy (Affordable Rental Housing) 2009 and provides an affordable housing option for the community. A Plan of Management has been provided, reviewed and is considered as acceptable. The Plan of Management is conditioned to be complied with as part of the development consent.

 

Economic Impact

98.      The proposal is not considered to result in unreasonable material economic impact given that the boarding house provides affordable housing opportunities within the locality.

 

Suitability of the Site

99.      The site is zoned R2 – Low Density Residential, a boarding house not exceeding 12 rooms is a permissible form of development in this zone. It is considered the proposal will not result in an adverse impact on the adjoining properties or the streetscape. The proposal is considered to be a suitable form of development.

 

100.    The site is not contaminated, flood affected, bushfire affected, or affected by acid sulfate soils. The site provides for a waiting bay along the driveway to allow for safe vehicular access to King Georges Road.

 

SUBMISSIONS, REFERRALS AND THE PUBLIC INTEREST

101.    The application was notified in accordance with Hurstville Development Control Plan No 1, one (1) individual submission was received objecting to the application. The issues raised are summarised below.

 

Concern

Council Response

Insufficient parking

The proposed boarding house provides the required car parking ratios as per clause 29 (2)(e) of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

Five (5) car spaces are required and five (5) have been provided. Two (2) motorcycle and two (2) bicycle spaces are required and have also been provided.

Neighbourhood Amenity

The proposal as amended satisfies the R2 zone objectives. The development provides for adequate car parking for the future occupants and provides for two (2) communal rooms (sitting area and a kitchen and laundry area) and a communal open space area adjacent to the communal room, in addition to the rear landscaped area. The boarding house satisfies all controls and development standard and is not considered to result in adverse amenity impacts to the neighbourhood or future occupants.

 

The proposal is accompanied by a Plan of Management which includes the role of a caretaker to manage the day to day operations of the house. The caretaker will be contactable 24/7.

Crime prevention

The proposal has been assessed in accordance with the relevant provisions. The proposal allows opportunities for passive and casual surveillance to and from the street. The Plan of Management provided will form part of the development consent conditions and covers acceptable behaviour protocols of boarders and visitors.

Safety

Boarding houses are a type of residential accommodation permitted in the R2 zone. The boarding house will not result in adverse safety concern to the neighbours. Plan of Management provided will form part of the development consent conditions and covers acceptable behaviour protocols of boarders and visitors.

Overlooking

The amended proposal provides for high-sill windows (minimum 1.6m above finished floor level of the first floor) to all windows along the side façades of the first floor. The staircase window has also been frosted to reduce any opportunity for overlooking.

Acoustic impacts

As per clause 102 (Impact of road noise or vibration on non-road development) of the Infrastructure SEPP, the development was required to be accompanied by an acoustic report given King Georges Road has a daily traffic volume of more than 20,000 vehicles.

 

An acoustic report accompanied the proposal, concluding that the required standard will be met subject to compliance with the recommendations of the report. The acoustic report was assessed by Council’s Environmental Health team and was endorsed. Relevant conditions have been imposed in that regard.

Sightlines

 

As the subject site is located on King Georges Road, the proposal was referred to Transport for NSW. The proposal was supported by Transport for NSW subject to conditions. The proposal was also referred to Council’s Traffic Engineer and was found to be satisfactory.

 

A 1.0m  front fence was only incorporated along the north-eastern corner of the development which due to its low scale will not result in adverse impacts on sightlines. A condition requiring compliance with AS2890 has been imposed.

 

Council Referrals

 Development Engineering Team

102.    No objections were raised, and specific conditions of consent have been recommended and included in the conditions referenced at the end of this report.

 

Environmental Health Team

103.    No objections were raised, and specific conditions of consent have been recommended and included in the conditions referenced at the end of this report.

 

Environmental Services Team (Waste)

104.    No objections were raised, and specific conditions of consent have been recommended and included in the conditions referenced at the end of this report.

 

Traffic Team

105.    No objections were raised, and specific conditions of consent have been recommended and included in the conditions referenced at the end of this report.

 

Consultant Arborist

106.    No objections were raised, and specific conditions of consent have been recommended and included in the conditions referenced at the end of this report. Condition has been imposed requiring compliance with the submitted landscape plan and the retention of the Lophostemon Confertus tree within the rear yard.

 

 

External Referrals

Ausgrid

107.    The application was referred to Ausgrid as per Clause 45(2) of the State Environmental Planning Policy (Infrastructure) 2007. No objection was received and no conditions recommended.

 

Transport for NSW

108.    As the subject site is located on King Georges Road, the proposal was referred to Transport for NSW. The proposal was supported by Transport for NSW subject to conditions.

 

Local Infrastructure Contributions

109.    The development is subject to Section 7.12 (former Section 94A Contribution) contribution as the proposed cost of works, registered with Council exceeds $100,000.00. In accordance with Council’s Section 94A Plan, Section 7.12 – Fixed Development Consent Levies are applicable to boarding house developments.

 

110.    In this case the levied charge is $5,800, which is required to be paid in full prior to the release of any Construction Certificate.

 

CONCLUSION

111.    Development consent is sought for the demolition works and construction of a two (2) storey boarding house comprising of ten (10) boarding rooms with hardstand parking, fencing, landscaping and site works.

 

112.    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 to be compatible with the character of the local area and reasonably complies with the boarding house standards of the State Environment Planning Policy (Affordable Rental Housing) 2009.  The proposal also satisfies the R2 Low Density zone objectives, in addition to complying with the relevant Local Environmental Plan and Development Control Plan requirements. The proposed development is considered to be suitable for the site and its locality and is appropriately located within an accessible distance from local public transport and commercial centre.

 

113.    The proposal will not result in any unreasonable impacts to the amenity of adjoining properties subject to the conditions of consent recommended below.

 

114.    The application is recommended for approval subject to conditions.   

 

DETERMINATION AND STATEMENT OF REASONS

115.    Statement of Reasons:

·     The proposal is an appropriate response to the site and is consistent with the desired future character of the R2 zone and existing developments in the locality.

 

·     The proposal is compliant with the boarding house standards and the character test as per the State Environment Planning Policy (Affordable Rental Housing) 2009.

 

·     The boarding house is located in an accessible location as per the State Environment Planning Policy (Affordable Rental Housing) 2009.

 

·     The proposal is fully compliant with the maximum height of building and floor space ratio permitted for the site under the Hurstville Local Environmental Plan 2012.

 

·     The proposal’s bulk and scale is appropriately contained within a generally compliant building envelope that is respectful of the established character of the area in relation to height, street setback, and side boundary setbacks.

 

·     The proposal is consistent with the Draft Georges River Local Environmental Plan 2020.

 

Determination

116.    THAT pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) the Georges River Local Planning Panel grant consent to DA2021/0009 for demolition works and construction of a two (2) storey boarding house comprising of ten (10) boarding rooms (19 lodgers) with hardstand parking, fencing, landscaping and site works at Lot 8 in DP 12478 and known as 565 King Georges Road, Penshurst, subject to the following conditions:

General Conditions

 

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

 

Description

Reference No.

Date

Revision

Prepared by

Site Plan

A01A

17/06/2021

-

A to Z Building Consultants

Floor Plans

A02

17/06/2021

-

A to Z Building Consultants

Elevation Plans

A03

17/06/2021

-

A to Z Building Consultants

Sections Plan

A04

17/06/2021

-

A to Z Building Consultants

Calculation Plan

A07

17/06/2021

-

A to Z Building Consultants

Room Calculation Plan

A08

17/06/2021

-

A to Z Building Consultants

Landscape plan

352019

18/06/2021

C

Lisound Landscape

Schedule of Colours and Finishes

565 King Georges Road Penshurst

-

-

A to Z Building Consultants

Arboricultural Impact Assessment Report

565 King Georges Road Penshurst

-

-

Malcolm Bruce Consultant Arborist

Acoustic Report

3916R20201110mfc565KingGeorgesRdPenshurst_DAv3.docx

10/11/2020

V3

Koikas acoustics Pty Ltd

Traffic and Parking Assessment Report

565 King Georges Road Penshurst

October 2020

-

A to Z Building Consultants

Plan of Management

565 King Georges Road Penshurst

-

-

Yousef Services Pty Ltd

 

Separate Approvals Required Under Other Legislation

 

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

 

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

 

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

(a)   Placing or storing materials or equipment;

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

(c)   Erecting a structure or carrying out work

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

(e)   Pumping concrete from a public road;

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

(g)   Constructing a vehicular crossing or footpath;

(h)   Establishing a “works zone”;

(i)    Digging up or disturbing the surface of a public road (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.

 

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

 

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

 

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

 

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

 

4.         Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the RMS, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

 

5.         Road Occupancy Licence (ROL) - A Road Occupancy Licence (ROL) should be obtained from Transport Management Centre for any works that may impact on traffic flows on King Georges Road during construction activities. A ROL can be obtained through https://myrta.com/oplinc2/pages/security/oplincLogin.jsf

 

Requirements of Concurrence, Integrated & Other Government Authorities

 

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

 

7.         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 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  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.

 

Prior to the Issue of a Construction Certificate

 

8.         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.

 

9.         Transport for NSW Conditions -

 

(a)   All buildings and structures, together with any improvements integral to the future use of the site are to be wholly within the freehold property (unlimited height or depth), along the King Georges Road boundary.

(b)   The design and reconstruction of the kerb and stormwater drainage works on King Georges Road shall be in accordance with TfNSW requirements. Details of these requirements should be obtained by email to developerworks.sydney@transport.nsw.gov.au.  

 

Detailed design plans of the proposed works are to be submitted to TfNSW for approval prior to the issue of a construction certificate and commencement of any road works. Please send all documentation to development.sydney@transport.nsw.gov.au

 

A plan checking fee and lodgement of a performance bond is required from the applicant prior to the release of the approved road design plans by TfNSW.

 

The developer is required to enter into a Works Authorisation Deed (WAD) for the abovementioned works. TfNSW fees for administration, plan checking, civil works inspections and project management shall be paid by the developer prior to the commencement of works.

 

(c)   All vehicles shall enter and exit the site in a forward direction.

(d)   The layout of the proposed car parking areas associated with the subject development (including, driveways, grades, turn paths, sight distance requirements in relation to landscaping and/or fencing, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1-2004, AS2890.6-2009 and AS 2890.2-2018. Parking Restrictions may be required to maintain the required sight distances at the driveway.

(e)   Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to TfNSW for approval, prior to the commencement of any works. Please send all documentation to development.sydney@transport.nsw.gov.au.

A plan checking fee will be payable and a performance bond may be required before TfNSW approval is issued.

(f)    Bicycle Parking should be provided in accordance with AS2890.3.

(g)   The developer shall be responsible for all public utility adjustment/relocation works, necessitated by the above work and as required by the various public utility authorities and/or their agents.

(h)   All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping.

 

10.      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.

 

11.      Acoustic Requirements- The construction certificate plans shall demonstrate compliance with the Acoustic Report submitted and approved by Council titled ‘Acoustical Report prepared by Koikas acoustics Pty Ltd reference 3916R20201110mfc565KingGeorgesRdPenshurst_DAv3.docx revision V3 dated 10/11/2020.

 

This means that a review of glazing design and mechanical plants must be undertaken to ensure that acoustic objectives will be met.  Written verification from a suitably qualified acoustic consultant must be submitted to the PCA and Council validating that the acoustic objectives contained within the aforementioned report will be met.

 

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

 

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

 

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

 

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

 

13.      Stormwater System – The submitted stormwater plan (“Stormwater Drainage Details”, Drawing No. 2025 – S1/2, S2/3 & S3/3, Rev G, dated 07/06/2021” prepared by John Romanous and Associates Pty Ltd) has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate to Council.

 

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

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

 

14.    On Site Detention (OSD Tank and Above Ground Basin) – The submitted Concept Stormwater and OSD Plan prepared by John Romanous and Associates Pty Ltd with reference number “Stormwater Drainage Details”, Drawing No. 2025 – S1/2, S2/3 & S3/3, Rev G, dated 07/06/2021” has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a qualified professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

 

(a)   An OSD facility designed by a professional engineer who specialises in Hydraulic engineering must be designed, approved and installed.

 

(b)   The required OSD storage requirements and permissible discharge are to be calculated in accordance with Table 3 of Council’s Stormwater Management Policy.

 

(c)   A minimum 17.0 cubic metre OSD tank volume and 7.0 cubic meter above ground OSD basin are to be provided its in accordance with the Stormwater Drainage Concept Plan (Sheet S1/3) and Council’s Stormwater Management Policy. On this site it is required to design the dwellings gutters and pipes to the OSD to cater for the 100year event.

(d)   OSD Tank structural design details prepared by a practising Structural Engineer being used to construct all reinforced concrete structural slabs, walls, beams, columns and other structural members. The details are to be submitted to the Principal Certifying Authority for approval.

 

(e)   The OSD facility shall be designed to meet all legislated safety requirements. 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.

 

15.      Stormwater Drainage Application - This Development Consent does not give Transport for NSW managed public infrastructure approval to undertake site discharge pit to be connected to this development provided newly created drainage pit and pipe along King Georges Road on as per “Stormwater Drainage Details”, Drawing No. 2025 – S1/2, S2/3 & S3/3, Rev G, dated 07/06/2021” prepared by John Romanous and Associates Pty Ltd. A separate approval of a Stormwater Drainage Application for the construction of the proposed pit and pipe along King Georges Road  from RMS is required under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 to undertake:

 

(a)   Stormwater & ancillary works in the road reserve. This includes connections to RMS and council.

(b)   Stormwater & ancillary to public infrastructure on private land

 

The Stormwater Drainage Application approval from Transport for NSW must be obtained and evidence of the approval provided to Council and the Certifying Authority prior to the issue of the Construction Certificate.

 

The Application Form for this activity 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.

 

16.      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)   A longitudinal driveway sections are to be prepared by a qualified civil/traffic engineer and be submitted for to and approved by the Certifying Authority. These profiles are to be at 1:100 scale along both edges of the proposed driveway, starting from the centreline of the frontage street carriageway to the proposed garage/parking level. The civil/traffic engineer shall provide specific written certification on the plans that:

a.    Vehicular access can be obtained using grades of 25% (1 in 4) maximum and

b.    All changes in grade (transitions) comply with Australian Standard 2890.1 (2004) - “Off-street car parking” to prevent the scraping of the underside of the vehicles.

 

17.      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.

 

18.      Access for Persons with a Disability - Access for persons with disabilities must be provided direct to the site, including to all common areas, boarding rooms 1 and 2, carpark and required sanitary facilities in accordance with the Premises Standards, the Building Code of Australia and AS 1428.1. Buildings with between 11 and 40 rooms require two accessible rooms. Details must be submitted with the Construction Certificate Application.

 

Pedestrian access throughout the site shall be highlighted and sign posted to safeguard access and egress. The proposed platform lift shall be designed accordingly.

 

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 issue of the Construction Certificate.

 

19.      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.

 

20.      Slip Resistance - All pedestrian surfaces in areas such as foyers, public corridors, stairs and ramps as well as floor surfaces in the wet rooms 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/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials and must be detailed on the plans lodged with the application for the Construction Certificate.

 

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

 

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

 

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

 

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

 

Fee Type

Fee

GENERAL FEES

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

Builders Damage Deposit

$1,900.00

Inspection Fee for Refund of Damage Deposit

$168.00

Georges River Council Section 94A Development Contributions Plan 2017

$5,800.00

 

General Fees

 

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

 

Development Contributions

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

 

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.

 

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.

 

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

 

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

 

b)    Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $168.00

 

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

 

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

 

23.      NBN Connection - Prior to the issue of the Construction Certificate, the developer/applicant is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

 

(a)   The installation of fibre-ready facilities to the site. Evidence must demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

 

(b)   The provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to the site demonstrated through an agreement with a carrier.

 

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

 

25.      BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 1207103M dated 27 May 2021 be implemented on the plans lodged with the application for the Construction Certificate.

 

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

 

(a)   External windows nominated as ‘fire rated’ along the north-western façade of the ground floor and first floor are to be openable windows as per the requirements of the NCC.

 

(b)   Boarding rooms one (1) and two (2) are to be nominated as accessible rooms and designed in accordance to AS1428, the NCC, and any other relevant access standards.

 

27.      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.

 

28.      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.

 

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

 

30.      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.

 

31.      Landscape Plans – All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Lisound Landscape, Ref No. 352019 Rev C and dated 18/06/21. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following -

 

(a)   The proposed Two (2) trees and plant species, pot/ bag size and quantities of plants shall be in accordance with the proposed plant schedule upon the landscape plan. If plant species, pot/ bag size and quantities cannot be sourced, Council shall be contacted for alternatives;

i.               An additional Australian native tree of species Melaleuca quinquenervia must be planted within the rear yard and be of pot/bag size 45 litre.

ii.              All three (3) trees proposed within this consent must 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;

iii.             If the planted three (3) 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.

 

32.      Tree Protection and Retention – The following trees shall be retained and protected:

 

Tree Species

Location of Tree / Tree No.

Tree Protection Zone (metres) TPZ as per AS4970 -2009

Fencing distance from trunk

Lophostemon confertus

Within site, rear yard, south side

4.8 metres radially out from its trunk

(a)   The client shall engage a qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current practicing and financial member of an Australian Arboricultural Association or Affiliation, with a letter of engagement forwarded to the nominated PCA, forming compliance.

 

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

 

       Tree Protection Measures

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

 

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

 

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

 

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

 

(g)   The engaged AQF 5 Consulting Project Arborist must be present on-site during the stages of site set up, excavation, demolition and construction when works are being undertaken that could impact on the tree canopy or root zone within the tree protection zone of each tree.

 

(h)   In accordance with AS 4970-2009 Protection of trees on development sites, a protective fence consisting of 2.4 x 1.8 metres high, fully supported chainmesh fence shall be used. The distance of the fence out from the base of each tree is to be in accordance with the TPZ listed in the table above. A layer of organic mulch 100 millimetres thick shall be placed over the protected area and no soil or fill should be placed within the protection area.

(i)    The tree protection fencing must be kept in place during demolition, excavation and construction and also have a sign displaying ‘Tree Protection Zone – DO NOT ENTER’ attached to the fence and must also include the name and contact details of the Project Arborist.

 

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

 

(k)   No building products, preparation of building products, storage of materials, stockpiling, site sheds or services must not be installed within the TPZ of the Lophostemon confertus.

 

Excavation works near tree to be retained

(l)    No works are to occur within the TPZ (4.8m) of the Lophostemon confertus

 

(m)  Tree Protection Zones around the trees to be retained are not to have soil level changes, building product / materials stored or services installed in this area.

 

33.      Tree Removal Prohibited - No trees are to be removed under this consent.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(a)   Set out before commencing excavation.

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

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

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

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

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

 

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

 

39.      Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the applicant’s expense.

 

During Construction

 

40.      Development Engineering - Damage within Road Reserve and Council Assets - The owner shall bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.  This may include works by Public Utility Authorities in the course of providing services to the site.

 

41.      Development Engineering - Public Utility and Telecommunication Assets - The owner shall bear the cost of any relocation or modification required to any Public Utility Authority assets including telecommunication lines and cables and restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.

 

42.         Contamination - Unexpected Finds - Council and the Principal Certifying Authority (if Council is not the PCA) must be notified as soon as practicable if any information is discovered during demolition or construction work that has the potential to alter previous conclusions about site contamination.

 

43.      Hazardous or Intractable Waste – Removal and Disposal- Hazardous or intractable waste arising from the demolition or construction process shall be removed and disposed of in accordance with the requirements of SafeWork NSW and the NSW Environment Protection Authority and with the provision of:

·     Work Health and Safety Act 2011 (NSW) (as amended);

·     Work Health and Safety Regulation 2011 (as amended);

·     Protection Of the Environment Operations Act 1997 (NSW) (as amended); and

·     Protection of the Environment Operations (Waste) Regulation 2014 (as amended)

 

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

 

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

 

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

 

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

 

47.      Cost of work to be borne by the applicant - The applicant shall bear the cost of all works associated with the construction of the development that occurs on Council property.  Care must be taken to protect Council's roads, including the made footway, kerbs, etc., and, where plant and vehicles enter the site, the footway shall be protected against damage by deep-sectioned timber members laid crosswise, held together by hoop iron straps and chamfered at their ends.  This construction shall be maintained in a state of good repair and condition throughout the course of construction.

 

48.      Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act 1993 and/or under Section 68 of the Local Government Act 1993.  Penalty infringement Notices may be issued for any offences and severe penalties apply.

 

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

 

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

 

50.      Asbestos Clearance Certificate- An asbestos clearance certificate is to be prepared by a suitably qualified asbestos removalist and be provided to the satisfaction of the PCA after all existing buildings and structures have been demolished.

 

Prior to the issue of the Occupation Certificate

 

51.      Stormwater Management – Surveyor’s Report - For this development, a registered surveyor shall verify the levels of the design surface throughout the development and finished floor levels to mAHD and according the approved plans (“Stormwater Drainage Details”, Drawing No. 2025 – S1/2, S2/3 & S3/3, Rev G, dated 07/06/2021” prepared by John Romanous and Associates Pty Ltd). The registered surveyor will provide certifications of:

 

(a)   The finished floor levels are in accordance with the approved plans.

(b)   The finished ground levels throughout the development ensuring that the finished ground levels and car parking level have been constructed as per abovementioned approved plans.

(c)   The OSD tank and the above basin have been constructed as per approved plans.

 

A report addressing the above requirements from the surveyor is to be forwarded to Council prior to the issuing of an Occupation Certificate.

 

52.      Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be submitted to the PCA prior to the issue of the Occupation/Subdivision Certificate.

 

53.      Restriction to User and Positive Covenant for On-Site Detention Facility - A Restriction on Use of the Land and Positive Covenant shall be created and registered on the title of the property, which places the responsibility for the maintenance of the on-site stormwater management system on the owners of the land.  The terms of the instrument are to be in accordance with Council’s standard terms and restrictions which are as follows;

 

Restrictions on Use of Land

The registered proprietor shall not make or permit or suffer the making of any alterations to any on-site stormwater management system which is, or shall be, constructed on the lot(s) burdened without the prior consent in writing of Georges River Council. The expression “on-site stormwater management system” shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to manage stormwater quantity or quality including the temporary detention or permanent retention of stormwater storages. Any on-site stormwater management system constructed on the lot(s) burdened is hereafter referred to as “the system”.

 

Name of Authority having the power to release, vary or modify the Restriction referred to is Georges River Council.

 

Positive Covenants

1.    The registered proprietor of the lot(s) hereby burdened will in respect of the system:

a)    keep the system clean and free from silt, rubbish and debris

b)    maintain and repair at the sole expense of the registered proprietors the whole of the system so that if functions in a safe and efficient manner

c)    permit the Council or its authorised agents from time to time and upon giving reasonable notice (but at any time and without notice in the case of an emergency) to enter and inspect the land for the compliance with the requirements of this covenant

d)    comply with the terms of any written notice issued by the Council in respect of the requirements of this covenant within the time stated in the notice.

 

2.    Pursuant to Section 88F(3) of the Conveyancing Act 1919 the Council shall have the following additional powers:

a)    in the event that the registered proprietor fails to comply with the terms of any written notice issued by the Council as set out above the Council or its authorised agents may enter the land with all necessary materials and equipment and carry out any work which the Council in its discretion considers reasonable to comply with the said notice referred to in part 1(d) above

b)    the Council may recover from the registered proprietor in a Court of competent jurisdiction:

i.     any expense reasonably incurred by it in exercising its powers under subparagraph (i) hereof. Such expense shall include reasonable wages for the Council’s employees engaged in effecting the work referred to in (i) above, supervising and administering the said work together with costs, reasonably estimated by the Council, for the use of materials, machinery, tools and equipment in conjunction with the said work.

ii.    legal costs on an indemnity basis for issue of the said notices and recovery of the said costs and expenses together with the costs and expenses of registration of a covenant charge pursuant to section 88F of the Act or providing any certificate required pursuant to section 88G of the Act or obtaining any injunction pursuant to section 88H of the Act. Name of Authority having the power to release vary or modify the Positive Covenant referred to is Georges River Council.

 

54.      Maintenance Schedule - On-site Stormwater Management - A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted to Council. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.

 

55.      Requirements prior to the issue of the Occupation Certificate – Stormwater, OSD Tank and Aboveground Detention Basin Works - The following shall be completed and or submitted to the PCA prior to the issue of the Occupation Certificate:

 

(a)   All the stormwater/drainage works shall be completed in accordance with the approved Construction Certificate plans prior to the issue of the Occupation Certificate.

(b)   Work as Executed Plans prepared and jointly duly signed by a Chartered Professional Engineer and a Registered Surveyor when all the site engineering works are complete shall be submitted to the PCA prior to the issue of the Occupation Certificate.

 

56.      Requirements prior to the issue of the Occupation Certificate - Driveways Works- The following works must be completed at the applicant’s expense to the satisfaction of Council’s Engineering Services section and submitted to the PCA prior to the issue of the Occupation Certificate:

 

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

(b)   Stormwater pipes, pits and connections to public stormwater systems within the King Georges Road related area;

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

 

Council’s Assets and Infrastructure Section must advise in writing with Work As Executed Plan prepared and signed by registered surveyor that the works have been completed to their satisfaction prior to the issue of the Occupation Certificate. [Note: The damage deposit paid to Council will not be released until the works have been completed to Council’s satisfaction.

 

57.      Stormwater drainage works - Works As Executed – OSD Tank and the Above Ground Basin - Prior to the issue of an Occupation Certificate, the PCA must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards. A works-as-executed drainage plan and works completed certification must be forwarded to the PCA and Council’s Development and Building Department, from a professional civil engineer specialising in hydraulic engineering. 

 

This Plan and Certification shall confirm that the design and construction of the stormwater drainage system satisfies the conditions of development consent and the Construction Certificate stormwater design details approved by the PCA.

 

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

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

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

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

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

(f)    The Work-As-Executed plans are prepared on the copies of the approved drainage plans issued with the Construction Certificate and variations are marked in red ink;

(g)   The works-as-executed drainage plans must be prepared jointly and duly signed by a professional civil engineer specialising in hydraulic engineering and a Registered Surveyor certifying the accuracy of dimensions, invert levels, surface levels, storage volume etc;

(h)   Council’ Development and Building Department must be advised in writing with WAE plans that they are satisfied with the Works-As-Executed prior to the issue of an Occupation Certificate.

 

58.      Fire Safety Certificate before Occupation or Use - In accordance with Clause 153 of the Environmental Planning and Assessment Regulation 2000, on completion of building works and prior to the issue of an Occupation Certificate, the owner must cause the issue of a Final Fire Safety Certificate in accordance with Clause 170 of the aforesaid Regulation. The Fire Safety Certificate must be in the form or to the effect of Clause 174 of the Environmental Planning and Assessment Regulation, 2000. In addition, in relation to each essential fire or other safety measure implemented in the building or on the land on which the building is situated, such a Certificate is to state:

 

(a)   That the measure has been assessed by a person (chosen by the owner of the building) who is properly qualified to do so.

(b)   That as at the date of the assessment the measure was found to be capable of functioning at a standard not less than that required by the attached Schedule.

 

A copy of the certificate is to be given by the applicant to the Commissioner of Fire & Rescue NSW and a further copy is to be displayed in a frame and fixed to a wall inside the building's main entrance.

 

59.      Noise Domestic Air conditioner and Heat pump water heaters (less than 450mm from boundary) - Prior to the issue of any Occupation Certificate, a report prepared by a professional  acoustic engineer must be submitted to the PCA to certify that the design and construction of the air conditioner / heat pump water heaters shall not produce a sound level exceeding 5 dB(A) above the ambient background level at the closest neighbouring boundary between the hours of  8:00am and 10:00pm on Saturdays, Sundays and Public Holidays and between the hours of 7:00am and 10:00pm on any other day.  Outside the specified hours, the sound level output for the running of air conditioner shall not exceed the ambient background noise level.

 

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

 

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

 

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

 

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

 

62.      Acoustic Compliance - Prior to the issue of any Occupation Certificate, a report prepared by a suitably qualified acoustic consultant must be submitted to the PCA certifying that the construction has incorporated the recommendations in the Acoustic Report submitted and approved by Council titled ‘Acoustical Report prepared by Koikas acoustics Pty Ltd reference 3916R20201110mfc565KingGeorgesRdPenshurst_DAv3.docx revision V3 dated 10/11/2020.

 

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

 

64.      Completion of Landscape Works -

(a)   All landscape works and the planting of three (3) trees must be completed before the issue of the Final Occupation Certificate and in accordance with approved landscape plans and specifications, drawn by Lisound Landscape, Ref No 352019 - Rev C and dated 18/06/21.

 

(b)   A certificate of compliance for the planting of all three (3) trees and shrubs proposed for the site. An AQF 5 Horticulturist shall be engaged and in writing certify that all trees have been planted as per landscape plan and specifications and forwarded to the PCA – Principal Certifying Authority.

 

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

 

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

 

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

 

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

 

Operational Conditions (Ongoing)

 

66.      Ongoing Waste Management - Ongoing waste management must be in accordance to the below:

 

(a)   The boarding house caretaker shall be responsible for presenting all approved waste and recycling receptacles for collection, and returning all receptacles to the Waste Collection Room, as soon as practicable after they have been serviced.

(b)   The boarding house caretaker shall also be responsible for maintaining all equipment, systems, facilities and storage areas used in conjunction with the provision of waste management services in accordance with all applicable regulatory requirements, relevant health and environmental standards, and to the satisfaction of Council.

(c)   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.

(d)   The boarding house caretaker will monitor the bin storage area and all spills will be attended to immediately by cleaners.

(e)   The require number of bins are 4 x 240L red bin, 4 x 240L yellow bin, 1 x 240L green bin.

 

All bins must be taken to King Georges Road kerbside for collection and removed from kerbside as soon as possible after collection.

 

Bins can be taken to kerbside for collection.

 

(f)    The waste area room will contain the following to minimise odours, deter vermin, protect surrounding areas, and make it a user-friendly and safe area:

 

·     waste collection area must hold all bins - bin movements should be with ease of access;

·     conform to the Building Code of Australia, Australian Standards and local laws; and childproofing and public/operator safety shall be assessed and ensured.

·     Cleaners will monitor the bin storage area and all spills will be attended to immediately by cleaners/caretaker.

·     Shall be bound by walls or similar to prevent the bins from reaching the vehicular driveway.

(g)   Boarding house caretaker or other contact will be responsible for engaging a private waste collection contractor to provide collection and removal services for nay large of bulky waste such as broken or damaged furniture. As no storage space has been catered for, these removal services will need to be organised at the time the waste is generated – immediate removal.

 

67.      Noise Control - The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997 (as amended).

 

68.      Lighting - General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill or glare.

 

Flashing, moving or intermittent lights or signs are prohibited.

 

69.      Operational Plan of Management - The boarding house shall operate in accordance to the approved and stamped plan of management prepared by Yousef Services Pty Ltd for 565 King Georges Road Penshurst.

 

70.      Activities and storage of goods outside building - There shall be no activities including storing or depositing of any goods or maintenance to any machinery external to the building with the exception of waste receptacles.

 

71.      Entering & Exiting of vehicles - All vehicles shall enter and exit the premises in a forward direction. Vehicle waiting bay within the front setback is not to be used as a parking spot at any time.

 

72.      Annual Fire Safety Statement - The owner of the building premises must ensure the Council is given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:

(a)   Within 12 months after the date on which the fire safety certificate was received.

(b)   Subsequent annual fire safety statements are to be given within 12 months after the last such statement was given.

(c)   An annual fire safety statement is to be given in or to the effect of Clause 181 of the Environmental Planning and Assessment Regulation 2000.

(d)   A copy of the statement is to be given to the Commissioner of Fire & Rescue NSW, and a further copy is to be prominently displayed in the building.

 

73.      Boarding House Operation - The following restrictions apply to the approved development:

 

(a)   The boarding house must always be operated and managed in accordance with the approved and stamped Boarding House Plan of Management prepared by Yousef Services Pty Ltd for 565 King Georges Road Penshurst.

(b) The residential accommodation use approved under this consent constitutes in a ‘Boarding House’ as defined under State Environmental Planning Policy (Affordable Rental Housing) 2009 and shall not be used for the purposes of a backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment as defined in Hurstville Local Environmental Plan 2012, or the like.

(c) The total number of persons residing in the boarding house at any one time shall not exceed eighteen (19) lodgers.

(d) Not more than two (2) lodgers shall occupy rooms nominated as double lodger room. No more than (1) lodger shall occupy room 3.

(e) The lodgers must be subject to an occupancy agreement for a term of no less than three (3) months.

(f)  The use and operation of the premises must comply with the requirements of Schedule 2 (Standards for Places of Shared Accommodation) of the Local Government (General) Regulation, 2005 under the Local Government Act, 1993, the Public Health Act, 2010 and Regulations thereunder.

(g) The operation of the Boarding House shall be in accordance with the Boarding Houses Act 2012 at all times. This includes the registration of the Boarding House, as required by the Act.

(h) Subdivision of the boarding house is not permitted in accordance with the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

(i)    The residents of the boarding house are not eligible to participate in Council’s Resident Parking Scheme.

 

74.      Maintenance of Landscaping -

(a)   All three (3) trees and plants forming part of the landscaping must be maintained. Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilising, pest and disease control, replacement of dead or dying plants and other operations required to maintain healthy trees, plants and turfed areas.

 

            Tree Protection Measures

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

 

Tree Replacement within subject site

(c)   The following replacement/ planted trees are to be planted prior to the issue of either an Occupation Certificate or Subdivision Certificate (whichever is first). All replacement trees must be replanted a minimum of 3m away from any driveway, building or structure.

 

(d)   A minimum of 3 x 45 litre size trees, which will attain a minimum mature height of six (6) metres, shall be planted within the property. The trees are to conform to AS2303 – 2018, Tree stock for landscape use.

 

(e)   If the replacement trees are found to be faulty, damaged, dying or dead within twelve (12) months of planting then they must be replaced with the same species. If the trees are found dead before they reach a height where they are protected by Councils Tree Management Controls, they must be replaced with the same species and pot/bag size.

 

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

 

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

 

76.      Amenity of the neighbourhood - The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the comfort or repose of a person who is outside the premises by reason of the emission or discharge of noise, fumes, vapour, odour, steam, soot, dust, waste water, waste products, grit, oil or other harmful products.

 

Operational Requirements Under the Environmental Planning & Assessment Act 1979

 

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

 

78.      Appointment of a PCA - The erection of a building must not commence until the applicant has:

 

(a)   appointed a PCA for the building work; and

(b)   if relevant, advised the PCA that the work will be undertaken as an Owner -Builder.

 

If the work is not going to be undertaken by an Owner - Builder, the applicant must:

 

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

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

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

 

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

 

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

 

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

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

 

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

A Notice of Commencement Form is attached for your convenience.

 

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

 

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

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

 

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

 

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

 

An Occupation Certificate Application Form is attached for your convenience.

 

Prescribed Conditions

 

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

 

85.      Clause 98 - Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia.  In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

 

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

 

87.      Clause 98B - Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council.  The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989.

 

88.      Clause 98E - Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

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

 

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

 

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

 

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

 

Advice

 

90.      Review of Determination - Section 8.2 of the Environmental Planning and Assessment Act confers on an applicant who is dissatisfied with the determination of the application the right to lodge an application with Council for a review of such determination.  Any such review must however be completed within 6 months from its determination.  Should a review be contemplated sufficient time should be allowed for Council to undertake public notification and other processes involved in the review of the determination.

 

Note: Review provisions do not apply to Complying Development, Designated Development, State Significant Development, Integrated Development or any application determined by the Sydney South Planning Panel or the Land & Environment Court.

 

91.      Appeal Rights - Part 8 (Reviews and appeals) of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales.

 

92.      Lapsing of Consent - This consent will lapse unless the development is physically commenced within 5 years from the Date of Operation of this consent, in accordance with Section 4.53 of the Environmental Planning and Assessment Act 1979 as amended.

 

93.      Compliance with Access, Mobility and AS4299 - Adaptable Housing - Should the Council be appointment as the PCA, the Construction Certificate Application must be accompanied by detailed working plans and a report or a Certificate of Compliance from an Accredited Access Consultant certifying that the building design and access to the adaptable units complies with Council’s DCP and AS 4299 Adaptable Housing.

 

94.      Noise - Noise related conditions - Council will generally enforce noise related conditions in accordance with the Noise Guide for Local Government (http://www.environment.nsw.gov.au/noise/nglg.htm) and the Industrial Noise Guidelines (http://www.environment.nsw.gov.au/noise/industrial.htm) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.

Useful links relating to Noise:

 

(a)   Community Justice Centres - free mediation service provided by the NSW Government (www.cjc.nsw.gov.au).

(b)   Department of Environment and Conservation NSW, Noise Policy Section web page (www.environment.nsw.gov.au/noise).

(c)   New South Wales Government Legislation home page for access to all NSW legislation, including the Protection of the Environment Operations Act 1997 and the Protection of the Environment Noise Control Regulation 2000 (www.legislation.nsw.gov.au).

(d)   Australian Acoustical Society - professional society of noise-related professionals (www.acoustics.asn.au/index.php).

(e)   Association of Australian Acoustical Consultants - professional society of noise related professionals (www.aaac.org.au).

(f)    Department of Gaming and Racing - (www.dgr.nsw.gov.au).

 

95.      Disability Discrimination Act - This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979.  No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant is responsible to ensure compliance with this and other anti-discrimination legislation.  The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which refers to AS1428.1-Design for Access and Mobility. 

 

96.      Fire and Rescue NSW comments- Prior to the issue of a Construction Certificate the applicant may be required, under Clause 144 of the Environmental Planning & Assessment Regulation 2000 to seek written comment from FR NSW about any Fire Engineered Solution developed to meet the performance requirements for external combustible cladding.

 

97.      Council as PCA - Total Conformity with BCA - Should the Council be appointed as the Certifying Authority in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the BCA.  However, if an alternative solution is proposed it must comply with the performance requirements of the BCA, in which case, the alternative solution, prepared by an appropriately qualified fire consultant, accredited and having specialist qualifications in fire engineering, must justify the non-compliances with a detailed report, suitable evidence and expert judgement.

 

In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the BCA, must be submitted to the Certifying Authority with the Construction Certificate Application.

 

Should there be any non-compliance, an alternative method of fire protection and structural capacity must be submitted, with all supporting documents prepared by a suitably qualified person.

 

In the event that full compliance with the BCA cannot be achieved and the services of a fire engineer are obtained to determine an alternative method of compliance with the BCA, such report must be submitted to and endorsed by the Certifying Authority prior to issue of the Construction Certificate.

 

98.      Long Service Levy - The Long Service Corporation administers a scheme which provides a portable long service benefit for eligible workers in the building and construction industry in NSW. All benefits and requirements are determined by the Building and Construction Industry Long Service Payments Act 1986. More information about the scheme and the levy amount you are required to pay to satisfy a condition of your consent can be found at http://www.longservice.nsw.gov.au.

 

The required Long Service Levy payment can be direct to the Long Service Corporation via their web site https://online.longservice.nsw.gov.au/bci/levy.  Payments can only be processed on-line for the full levy owing and where the value of work is between $25,000 and $6,000,000. Payments will be accepted for amounts up to $21,000, using either MasterCard or Visa.

 

99.      Security deposit administration & compliance fee - Under Section 97 (5) of the Local Government Act 1993, a security deposit (or part) if repaid to the person who provided it is to be repaid with any interest accrued on the deposit (or part) as a consequence of its investment.

 

Council must cover administration and other costs incurred in the investment of these monies. The current charge is $50.00 plus 2% of the bond amount per annum.

 

The interest rate applied to bonds is set at Council's business banking facility rate as at 1 July each year.  Council will accept a bank guarantee in lieu of a deposit.

 

All interest earned on security deposits will be used to offset the Security Deposit Administration and Compliance fee. Where interest earned on a deposit is not sufficient to meet the fee, it will be accepted in full satisfaction of the fee.

 

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

 

101.    Site Safety Fencing - Site fencing must be erected in accordance with SafeWork Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

A demolition licence and/or a high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).

 

102.    Stormwater & Ancillary Works - Applications under Section 138 Roads Act and/or Section 68 Local Government Act 1993 - To apply for approval under Section 138 of the Roads Act 1993 and/or Section 68 Local Government Act 1993:

 

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

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

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

 

The developer must meet all costs of the extension, relocation or reconstruction of any part of Council’s drainage system (including design drawings and easements) required to carry out the approved development.

 

The preparation of all engineering drawings (site layout plans, cross sections, longitudinal sections, elevation views together with a hydraulic grade analysis) and specifications for the new stormwater drainage system to be arranged by the applicant.  The design plans must be lodged and approved by Council prior to the issue of a Construction Certificate.

 

NOTE: A minimum of four weeks should be allowed for assessment

 

ATTACHMENTS

Attachment 1

Site plan, Elevations plan, and Schedule of colours and finishes - 565 King Georges Rd Penshurst

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 5 August 2021

LPP033-21              565 King Georges Road Penshurst

[Appendix 1]           Site plan, Elevations plan, and Schedule of colours and finishes - 565 King Georges Rd Penshurst

 

 

Page 110

 




Georges River Council – Local Planning Panel   Thursday, 5 August 2021

Page 195

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 05 August 2021

 

LPP Report No

LPP034-21

Development Application No

REV2020/0024

Site Address & Ward Locality

608 Forest Road Penshurst

Mortdale Ward

Proposed Development

Review of Determination of DA2019/0135 for the demolition of existing structures and construction of a three (3) storey mixed use building

Owners

Three Olives Pty Ltd

Applicant

Mr Dimitri Tsagaris

Planner/Architect

Planner: Ludvik & Associates Pty Ltd / Architect: Lyle Marshall & Partners Pty Ltd

Date Of Lodgement

11/11/2020

Submissions

No submissions

Cost of Works

$3,170,000.00

Local Planning Panel Criteria

The application is subject to SEPP 65 (Design Quality of Residential Apartment Development) and a variation to a development standard by more than 10%

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

State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy BASIX 2004, State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development, State Environmental Planning Policy (Infrastructure) 2007,

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Draft SEPP (Environment) 2017), Draft Remediation SEPP, Draft Design and Place State Environmental Planning Policy; Draft Georges River Local Environmental Plan 2020, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Hurstville Local Environmental Plan

2012, Hurstville Development Control Plan No 1, Draft Georges River Development Control Plan

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

Architectural Plans, Landscape Plans, Stormwater Plans, Statement of Environmental Effects, Traffic Report, Acoustic Report, Costing Report, Fire Engineering Report,

BASIX Certificate, Survey plan, Geotechnical Report, Preliminary Site Investigation Report, Waste Management Plan,

Design Verification Statement, Structural Engineering Statement,

Plan of Management, DRP minutes original plans (DA2019/0135), DRP minutes amended plans (DA2019/1035)

Report prepared by

Development Assessment Planner

 

 

Recommendation

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

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

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, the conditions can be reviewed when the report is published.

 

Site Plan

Figure 1 Aerial photo with the allotment outlined in red (Intramaps 2021)

 

Executive Summary

Proposal

1.         The application seeks to review the decision to refuse DA2019/0135 which sought consent for the demolition of existing structures and construction of a three storey mixed use building with two levels of basement parking. The works proposed under this application are substantially similar to those proposed under DA2019/0135.

 

2.         The application is accompanied by a clause 4.6 statement seeking a variation to clause 4.3 (Height of Building) of Hurstville Local Environmental Plan 2012 (HLEP).

 

Site and Locality

3.         The site is legally identified as Lot B in DP 404106, and has the street address of 608 Forest Road, Penshurst.

 

4.         The site is located on the north eastern side of Forest Road, adjacent to a petrol station (located north) and is 40m south of the intersection with George Street with a signalised intersection adjacent to the frontage of the site; being the Forest Road and Junction Street intersection. The site currently contains a single storey weatherboard dwelling with vehicular access along the south eastern boundary.

 

5.         The wider locality features a mix of land uses including shop top housing, commercial, food and drink premises, residential accommodation, and a service station immediately north of the site.

 

Zoning and Permissibility

6.         The site is zoned ‘B2 Local Centre’ under the Hurstville Local Environmental Plan 2012 (HLEP). The development is defined as shop top housing under the HLEP which is a permissible use with consent.

 

Submissions

7.         The development application was publicly exhibited in accordance with the provisions of the Hurstville Development Control Plan No.1. The notification period commenced on 03 December 2020 and concluded on 17 December 2020. No submissions were received.

 

Conclusion

8.         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 Section 8.2 Review (REV2020/0024) is recommended for approval in accordance with the reasons included in this report.

 

Report in Full

Proposal

9.         The application seeks to review the decision to refuse DA2019/0135 which sought consent for the demolition of existing structures and construction of a three storey mixed use building with two levels of basement parking.

 

10.      In detail, the review application seeks consent for the demolition of existing structures and construction of a three (3) storey shop top housing development over two (2) levels of basement parking. The development consists of one (1) retail tenancy fronting Forest Road along the ground level, two (2) commercial tenancies at the rear of the ground floor and vehicular access from Forest Road to the north-western portion of the site. The first and second storeys contain eight (8) residential units (8 x 1 bedroom units with one being nominated as accessible). Communal open space is provided on the rooftop.

 

11.      The breakdown of the proposal is as follows:

 

-      Basement Level 2 – Stepped basement level containing seven (7) residential parking spaces (one of which is accessible), three (3) bicycle spaces, eight storages cages for each unit, lift and stair access to the levels above. A waiting bay and signalized system is proposed to manage vehicle movements.

 

-      Basement Level 1 – Stepped basement level containing one (1) x residential parking space being an accessible space, two (2) x retail parking spaces, two (2) commercial parking spaces and three (3) visitor parking spaces (one doubling as a car wash bay), 3 x bicycle spaces, plant room, lift and stair access to the levels above. A waiting bay and signalized system is proposed to manage vehicle movements.

 

-      Ground floor - contains a retail tenancy (with bathroom) at the front of the building fronting Forest Road, booster assembly within the front, an access corridor providing pedestrian movement to the residential lobby, waste storage room, and the two (2) commercial tenancies (each with a bathroom) and a deck and landscaped open space at the rear of the site and a driveway to the basement parking levels including a passing bay at the top of the ramp.

 

-      First floor - contains four (4) single bedroom residential units. Balconies are located to the front and rear of the site, lift and stairs. Planter boxes are located along the side elevations.

 

-      Second floor - contains four (4) single bed residential units (one of which is accessible). Balconies are located to the front and rear of the site, lift and stairs. Planter boxes are located along the side elevations.

 

-      Rooftop - contains a communal open space and a non-trafficable green roof, a covered pedestrian deck, lift and lift overrun and a services room.

 

-      Ancillary works – The development proposes excavation, landscaping and stormwater works. The development proposes an awning over the footpath adjacent to the retail tenancy (subject to S138 approval). The proposal intends to remove and relocate the drainage lintel fronting the site.

 

The Site and Locality

12.         The site is legally identified as Lot B in DP 404106, and is commonly identified as 608 Forest Road, Penshurst. The site observes a 15.24m south western frontage to Forest Road, a site area of 495sqm, and a gentle slop to the street.

 

13.         The site is located on the north eastern side of Forest Road, adjacent to a petrol station (located north) and is 40m south of the intersection with George Street with a signalised intersection adjacent to the frontage of the site, being the Forest Road and Junction Street intersection. The site currently contains a single storey weatherboard dwelling with vehicular access along the south eastern boundary.

 

14.         The site is void of any significant vegetation or topographic features. A Sydney Water sewer pipe traverses under the site at the rear.

 

15.         The wider locality features a mix of land uses including shop top housing, commercial, food and drink premises, residential accommodation, and a service station immediately north of the site.

 

16.         Land to the east of the site is residential zoned land characterised by one (1) and two (2) storey dwelling houses. The site immediately south is occupied by a single storey building most recently operating as a food and drink premise. Further south is another single storey dwelling and a recent two (2) storey shop top housing development with basement car parking.

 

17.         The lands opposite to the site across Forest Road are residential zoned land characterised by one (1) and two (2) storey dwelling houses. Further south opposite to the site is a business zone containing a commercial building.

 

Figure 2 Street view of site from Forest Road

 

Figure 3: 606 Forest Road (adjacent to the site along the southern boundary)

 

Figure 4: Development further south along Forest Road

 

Figure 5: Service Station on the corner of Forest Road and George Street

 

Figure 6: 27 Carruthers Street Penshurst (directly behind the site)

 

Background

18.      Development Application (DA2019/0135) which sought consent for the demolition of existing structures and construction of a three storey mixed use building with two levels of basement parking was refused by the Georges River Local Planning Panel on 20 August 2020 for the following reasons:

 

“Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2019/0135 for the demolition works and construction of a three (3) storey mixed use development over two (2) levels of basement parking at 608 Forest Road, Penshurst, is determined by refusal for the following reasons:

 

1.    The Clause 4.6 written request is not well founded and does not justify a contravention of the development standard in relation to height and there are insufficient environmental planning grounds to justify the non-compliance of the height development standard in the circumstances.

 

2.    The proposed development is contrary to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, as amended, in that the proposal provides inadequate setbacks which will detrimentally impact on the spacing of development on adjoining lots and future development of neighbouring sites and the amenity of future residents. In particular the proposal will encourage a continuous development form across multiple sites.

 

3.    The proposed development is contrary to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, as amended, in that the proposal is inconsistent with the design quality principles of State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development relating to Context and Neighbouring Character, Built Form and Scale, Density, Amenity, and Aesthetics.

 

4.    The proposed development is contrary to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, as amended, in that the proposed development does not contribute to the creation of a distinct, attractive landscape character for streets and neighbourhoods.

 

5.    The proposed development is contrary to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, as amended, in that the proposed development does not present well to Forest Road as the narrowness of the site necessitates half of the frontage to be utilised as a driveway which does not contribute to orderly street activation.

 

6.    The proposed development is contrary to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, as amended, in that the built form is considered to be an overdevelopment for the site given the nature of the proposal and the size of the site.”

 

19.      The subject Section 8.2 application (REV2020/0024) was lodged on 11 November 2020 seeks to review the decision to refuse DA2019/0135. The review period lapses on 20 August 2021 pursuant to period granted by Environmental Planning and Assessment Act 1979 No 203 (COVID-19 provisions).

 

Section 8.2 Review

20.      Section 8.2 of the Environmental Planning and Assessment Act requires the following provisions (section 8.3) be considered in the assessment of an application to review a determination:

 

(1)     An applicant for development consent may request a consent authority to review a determination or decision made by the consent authority. The consent authority is to review the determination or decision if duly requested to do so under this Division.

 

(2)     A determination or decision cannot be reviewed under this Division:

(a)  after the period within which any appeal may be made to the Court has expired if no appeal was made, or

(b)  after the Court has disposed of an appeal against the determination or decision.

(3)     In requesting a review, the applicant may amend the proposed development the subject of the original application for development consent or for modification of development consent. The consent authority may review the matter having regard to the amended development, but only if it is satisfied that it is substantially the same development.

 

21.      Officer comments: The Statutory considerations pursuant to Section 8.3 have been met. The application has been lodged within an appropriate timeframe given its acceptance for assessment by the NSW Planning Portal.

 

22.      The development as lodged represents substantially the same development as that of DA2019/0135. The development still proposes for a three storey mixed use building with two levels of basement parking.

 

23.      The development although similar in concept has been amended in response to the reasons for refusal issued by the Panel. The main changes include the following:

 

(a)   Design: The design of the development has been amended in that the building’s bulk was reduced by incorporating stepped planter boxes along the external side façades.

 

The secondary fire stair fronting Forest Road was removed (through the support of a Fire Engineer’s Advice) and the space was utilised to extend the shop front of the retail component.

 

The previously proposed side courtyards have been deleted and converted to a non-trafficable roof area.

 

The height has remained as existing, however the rooftop area has been reduced in scale whereby the previously roofed deck was removed, and the rooftop bathroom was removed. The degree on non-compliance is limited to the lift overrun, covered stairs, services room, parts of the balustrading and minor portions of the parapet.

 

(b)   Layout: The internal layout of the building has been amended to respond more appropriately to the site’s constraining features (site area and width). The two previously proposed two bedroom units have been converted to one bedroom units in order to free up space to incorporate the planter boxes along the external façade of the building. Although there with be an ADG non-compliance arising with respect to apartment mix, the non-compliance in this case was considered acceptable and has been justified below.

 

The three previously proposed commercial tenancies at the rear of the ground floor have been combined to create two larger tenancies, to better suit the needs of future tenants.

 

(c)   Landscaping and Private Open Space: The amended plans have reduced the bulk of the building by incorporating planter boxes along the side façades of the building. Planter boxes have also been added along the front façade adjacent to the street facing balconies. The communal open space area on the roof contains a large landscaped area in the form of a non-trafficable green roof.

 

24.      In response to the refusal reasons issued by the Panel, the below table summarises how the amended design has taken into consideration the Panel’s reasons for refusal.

 

Refusal Reasons

Response

1. The Clause 4.6 written request is not well founded and does not justify a contravention of the development standard in relation to height and there are insufficient environmental planning grounds to justify the non-compliance of the height development standard in the circumstances.

The height has remained as existing, however the rooftop area has been reduced in scale whereby the previously roofed deck was removed together with the bathroom. The degree on non-compliance is limited to the lift overrun, covered stairs, services room, parts of the balustrading and minor portions the parapet.

 

A Clause 4.6 variation statement has been lodged. The encroachment of the lift overrun and rooftop structures associated with the communal open space will not create any unreasonable environmental or amenity impacts. The proposed development satisfies the objectives of the height control and the zone objectives and is therefore considered to be in the public interest.

A detailed assessment of the clause 4.6 variation to the height of building development standard is addressed in detail below.

2. The proposed development is contrary to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, as amended, in that the proposal provides inadequate setbacks which will detrimentally impact on the spacing of development on adjoining lots and future development of neighbouring sites and the amenity of future residents. In particular the proposal will encourage a continuous development form across multiple sites.

The proposed development being a mixed use building is located in a B2- Local Centre zone. Mixed use buildings in this zone do not require a minimum lot size or frontage requirement. Given the business zoning and as a result of clause 6.6 of Hurstville LEP, the notion of building abutting the boundary and providing for continuous build form is acceptable.

 

Development of this will not be dissimilar to existing development at 598-602 Forest Road, and the continuous commercial building across Forest Road.

 

The development will not hider the sites at 604 and 606 Forest Road being developed.

 

In order to reduce the potential of multiple driveways being proposed in future development further south, the development has been designed to allow for its basement to be connection point to the adjoining development. A letter from a structural engineer has accompanied this review application.

3. The proposed development is contrary to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, as amended, in that the proposal is inconsistent with the design quality principles of State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development relating to Context and Neighbouring Character, Built Form and Scale, Density, Amenity, and Aesthetics.

It is considered that the amended design adequately responds to the design quality principles of State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development. The proposal has taken into consideration the initial DRP advice, and the LPP refusal reasons. A SEPP 65 design verification statement accompanies this proposal.

4. The proposed development is contrary to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, as amended, in that the proposed development does not contribute to the creation of a distinct, attractive landscape character for streets and neighbourhoods.

The amended plans have reduced the bulk of the building by incorporating planter boxes along the side elevations of the building.

Planter boxes have also been added along the front façade of the street facing balconies.

The roof contains a large landscape area in the form of a non-trafficable green roof.

 

5. The proposed development is contrary to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, as amended, in that the proposed development does not present well to Forest Road as the narrowness of the site necessitates half of the frontage to be utilised as a driveway which does not contribute to orderly street activation.

The proposal has been amended by removing the previously proposed fire stair to the street façade. This results in a larger shop front area which better achieves the objectives of clause 6.6 (Active Street frontage) of the Hurstville LEP 2012.

 

In order to reduce the potential of multiple driveways being proposed in future development further south, the development has been designed to allow for its basement to be used to access a future basement associated with the future development to the south. A letter from a structural engineer has accompanied this review application.

 

It is noted that the original development proposed a single 3.5m driveway; however Transport for NSW mandated a passing bay within the access driveway. The current driveway is the minimum width required by Transport for NSW, a passing bay has been  incorporated.

6. The proposed development is contrary to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, as amended, in that the built form is considered to be an overdevelopment for the site given the nature of the proposal and the size of the site.”

The proposed development has a floor space ratio of 1.42:1 with the maximum permitted FSR applicable to the site is 1:5:1.

 

Although a variation is proposed to the maximum building height, the main area of non-compliance is recessed and is minor in scale.

The proposal satisfactorily addresses the issues of setbacks, the ADG in relation to the shop

top housing, vehicular access and car parking. 

 

The proposal provides the required deep soil landscaping required by the ADG (7%) and has incorporated several planter boxes to increase the landscaping within the development.

 

PLANNING ASSESSMENT

25.      The subject site has been inspected and the development has been assessed under the relevant Section 4.15, Matters for Consideration of the Environmental Planning and Assessment Act 1979.

 

Environmental Planning Instruments

State Environmental Planning Policies

26.      Compliance with relevant State Environmental Planning Policies is summarised in the table as follows and discussed in more detail thereafter.

 

State Environmental Planning Policy

Complies

State Environmental Planning Policy No 55 - Remediation of Land

Yes

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

Yes

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

Yes

 

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

Yes

State Environmental Planning Policy – Infrastructure

Yes

 

State Environmental Planning Policy No 55 - Remediation of Land

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

 

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

 

29.      A Preliminary Investigation Report was submitted with the application, which concludes:

 

“The data quality objectives of the report have been fulfilled. Therefore, the findings of this report, and the results of the chemical analyses indicate the site is suitable for the proposed development in a ‘standard residential with garden/accessible soil’ (‘A’) setting, which is considered suitable for Residential properties with garden/accessible soil (home grown produce <10% fruit and vegetable intake (no poultry), also includes childcare centres, preschools and primary schools, and does not require any remediation works.”

 

30.      The findings of the assessment determined the site is suitable for its intended use and therefore satisfies the requirements of SEPP 55.

 

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

31.      The State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 aims to ensure consistency in the implementation of a scheme to encourage sustainable residential development throughout New South Wales (also referred to as the ‘BASIX scheme’).

 

32.      A BASIX certificate accompanies the review application verifying that the relevant water, energy and thermal comfort targets have been met by the proposal. Conditions of consent have been included in the recommendation to ensure the commitments required under the BASIX certificate will be satisfied by the proposed development.

 

State Environmental Planning Policy (Infrastructure) 2007

33.      The aim of the Infrastructure SEPP is to facilitate the effective delivery of infrastructure across the State.

 

34.      The DA was referred to Ausgrid in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Ausgrid has provided a response and recommended a condition in relation to overhead powerlines.

 

35.      The DA was referred to Transport for NSW (RMS) due to the site having a frontage to a classified road.

 

36.      Transport for NSW raised no objection with the proposal subject to the imposition of conditions.

 

37.      In relation to clause 101 (Development with frontage to classified road) Council as the consent authority is satisfied that the development will not compromise the effective and ongoing operation and function of classified roads, and subject to compliance with the submitted acoustic report, the development will incorporate design parameters to reduce noise impacts to the occupants.  Subject to compliance with the conditions of the RMS, Council considered that the development is acceptable in that regard.

 

38.      In relation to clause 102 (Impact of road noise or vibration on non-road development) the submitted acoustic report demonstrates that the proposal will achieve the required acoustic measures. Conditions for compliance with acoustic report are imposed.

 

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

39.      The State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (‘Vegetation SEPP’) regulates clearing of native vegetation on urban land and land zoned for environmental conservation/management that does not require development consent. 

 

40.      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). 

 

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

 

42.      No issues arise in terms of the provisions of the Vegetation SEPP, as there is no significant vegetation on the site or within the footpath area or immediately fronting the site. Two minor trees will be removed and have been supported for removal by Council’s Consultant Arborist. Further, there is no significant vegetation on immediately adjoining properties in close proximity to the site. The proposal was referred to Council’s Consultant Arborist and specific conditions have been recommended in that regard.

 

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

43.      The State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (‘SEPP 65’) aims to improve the design quality of residential apartment development in New South Wales.

 

44.      The proposed development meets the pre-requisites for the application of the SEPP 65 in that it constitutes development for the purpose of ‘shop top housing’ in a proposed building of more than three (3) storeys and having more than four (4) dwellings. Therefore, it must be assessed against the provisions of SEPP 65 and the Apartment Design Guide (ADG).

 

45.      A design verification statement dated 5 July 2021 has been provided by Erica Marshall-McClelland Registered Architect (Registration No. 6513) in accordance with Clause 50 of the Environmental Planning and Assessment Regulation 2000.

 

Design Quality Principles

46.      The original DA plans that accompanied the application were referred to the Design Review Panel (DRP) on 11 July 2019. The plans of this Review application were not referred to the DRP.

 

47.      The design quality principles of SEPP 65 are addressed as follows, in the context of the DRP comments. Commentary in response has been provided by the Assessment Officer where necessary. The comments in italics relate to the original plans submitted with the DA and the comments below the italicised text relate to the revised plans which were the subject of the refusal.

 

48.      No DRP comments have been included given this Review application was not referred to the DRP. Notwithstanding, the previous DRP comments with respect to the original DA have been made available to the Panel as part of this report.

 

SEPP 65 – Design Quality of Residential Flat Buildings 

General comment on the review plans

Context and Neighbourhood Character

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

 

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

 

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

 

 

The proposed design considers possible future development by providing solid walls and voids to the side boundaries. Future development can be accommodated on the adjacent site with a similar footprint. This development is not indifferent to the development constructed at 598-602 Forest Road.

 

Landscape maintenance plans have been submitted demonstrating that the side façade planter boxes will be capable of being maintained without access from the neighbouring properties.

 

Previously proposed side courtyards have been removed. The balconies have been amended in design to reduce future amenity impacts from potential developments south of the site.

Built Form and Scale

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

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

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

 

The amended design responds to the zone objectives and achieves an acceptable form that is not dissimilar to developments further south of the site.

 

Transport for NSW have reviewed the plans the subject of the review and raised no concerns from a road safety perspective.

 

The shopfront has been improved with regards to active street frontage, with the glazed element increased as a result of removal of the fire stairs. (fire engineered solution)

 

The floor to ceiling heights and slab thickness which was a concern raised by the DRP is similar to that of the DA amended development which was endorsed by the DRP. The current floor to ceiling heights are compliant.

 

The rear setback is 6.0m as per the ADG.

Council’s Development Engineer supports the design the subject of the review application.

 

Previously proposed side courtyards have been removed. The balconies have been amended in design to reduce future amenity impacts from potential developments south of the site.

 

A clause 4.6 variation statement has accompanied this proposal. The height is identical to the original design; however the building elements above the height limit have been reduced.

 

The landscape treatment and layout is acceptable and provides for a balance between the commercial, retail and residential uses.

 

A Fire Safety Report has been submitted that confirms the non-compliances with egress, fire separation and services and equipment will be the subject of a fire engineered design.

 

The amount of deep soil is acceptable and compliant with the ADG. The proposal is supported by Council’s Consultant Arborist.

Density

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

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

 

The proposal complies with the maximum FSR development standard for the site, in addition to the non-residential floor space control.

 

 

Sustainability

Good design combines positive environmental, social and economic outcomes.

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

 

The proposal is BASIX compliant and meets ADG controls for solar access and ventilation as skylights have been included in the plans the subject of the review application.

Landscape

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

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

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

 

A consolidated area of deep soil is provided at the rear of the site which equates to 7% of the site area.

 

Planter boxes along the roof surround the centralised services area. The previously proposed habitable areas exceeding the height limited have been removed.

 

Amended Landscape Plans have been submitted with the review application and supported by Council’s Consulting Arborist subject to conditions.

 

The ground level landscaped area is now nominated for the use of the commercial tenants and the rooftop communal open space is provided for the residents.

 

Amenity

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

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

 

A condition of consent has been included requiring compliance with the recommendations of the Acoustic report.

 

The second floor balconies have increased in size and are roofed.

Safety

Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose. Opportunities to maximise passive surveillance of public and communal areas promote safety.

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

 

Safety and security has been adequately addressed in the design and public and private areas are defined acceptably.

 

Surveillance of public and communal areas is achieved. A condition requiring CCTV has been imposed.

 

The separation of the retail entry and the pedestrian entry to the commercial tenancies and residential lobby defines the different uses.

 

 

 

 

 

 

 

 

Housing Diversity and Social Interaction

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

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

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

 

 

The proposal the subject of the review application has been amended to convert all units to 1 bedroom units in order to provide space for planter boxes to be incorporated along the external side facades. Although the apartment mix does not include studio, 2 and 3 bedroom units. The floor plate does facilitate combining spaces to become 2 bedroom units if the market requires this. The development has resolved the external building design while still providing for an acceptable level of internal amenity.

 

 

 

Aesthetics

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

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