AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Friday, 6 August 2021

Time:

4.00pm

Venue:

Council Chambers, Civic Centre, Hurstville

Panel Members:

Stephen Alchin (Chairperson)

Milan Marecic (Expert Panel Member)

Judy Clarke (Expert Panel Member)

Cameron Jones (Community Representative)

 

  

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

2. Opening

3. Consideration of Items and Verbal Submissions

LPP037-21        60 Llewellyn Street Oatley – DA2021/0118

(Report by Senior Development Assessment Planner)

LPP038-21        72 Connells Point Road South Hurstville – DA2021/0042

(Report by Senior Development Assessment Planner)

LPP039-21        1 Pitt Street Mortdale – DA2021/0087

(Report by Principal Planner)

LPP040-21        84D Roberts Avenue Mortdale – DA2020/0557

(Report by Senior Development Assessment)

4. LPP Deliberations in Closed Session

5. Confirmation of Minutes


Georges River Council – Local Planning Panel   Friday, 6 August 2021

Page 2

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Friday, 06 August 2021

 

LPP Report No

LPP037-21

Development Application No

DA2021/0118

Site Address & Ward Locality

60 Llewellyn Street Oatley

Peakhurst Ward

Proposed Development

Demolition works, tree removal and construction of a dual occupancy and swimming pools

Owners

Mr and Mrs O'Riordan

Applicant

Cornerstone Design

Planner/Architect

Cornerstone Design; BMA Urban

Date Of Lodgement

12/04/2021

Submissions

22 Submissions

Cost of Works

$1,573,488.00

Local Planning Panel Criteria

More than five (5) objections to a dual occupancy development

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

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004,

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Infrastructure) 2007, Draft Environmental State Environmental Planning Policy, Draft State Environmental Planning Policy – Remediation of Land, Draft Design and Places SEPP, Hurstville Local Environmental Plan 2012,

Hurstville Development Control Plan No 1, 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,

Clause 4.6 Variation Request, Landscape Plan,

Arborist Reports, Survey Plan,

Stormwater Plans, Submissions

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

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

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

Yes  - Clause 4.3 Height of buildings

Special Infrastructure Contributions

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

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, standard conditions have been attached with no design changes

 

Site Plan

 

 

Executive Summary

Proposal

1.         This development application (DA) seeks consent for demolition works, tree removal and the construction of a dual occupancy and swimming pools.

 

2.         The proposed development complies with the FSR development standard in Hurstville LEP 2012, and the relevant planning controls in Hurstville DCP No. 1. A variation is sought to the LEP height of building standard, and this is addressed in this report.

 

Figure 1: Photomontage of proposal as viewed from Llewellyn Street

 

Figure 2: Photomontage of proposal as viewed from waterfront

 

Site and Locality

3.         The development site is located on the north western side of Llewellyn Street and is a waterfront property known as 60 Llewellyn Street, Oatley. The site is legally identified as Lot 19 in DP5510.

 

4.         The site has a frontage to Llewellyn Street of 20.115m and a site area of 1,208sqm. The land slopes from the street to the bay with a fall of 12m. The site currently contains a three storey dwelling house situated at the front of the site, two large trees in the centre of the site and a sea wall and jetty on the waterfront.

 

5.         Adjoining development to the north and south are multi storey dwelling houses. To the north on 58 Llewellyn Street is a dwelling house and swimming pool, and to the south is a dwelling house, swimming pool, tennis court and boat shed at 62 Llewellyn Street.

 

Zoning and Permissibility

6.         The subject site is zoned R2 Low Density Residential under the provisions of Hurstville Local Environmental Plan 2012 (HLEP 2012). The proposal involves the construction of a dual occupancy which is a permissible use in the zone with development consent. 

 

Submissions

7.         The DA was publicly notified to neighbours for a period of fourteen (14) days in accordance with the Hurstville Development Control Plan No. 1 (HDCP). 22 submissions were received raising concerns with tree loss, privacy, overshadowing, bulk and scale, height, setbacks and character of the area. These are discussed in greater detail in the body of this report.

 

Reason for Referral to the Local Planning Panel

8.         This application is referred to the Georges River Local Planning Panel for determination as more than five objections were received.

 

Planning and Design Issues

9.         The proposal is an appropriate response to the site when considered against the Hurstville Local Environment Plan 2012 (HLEP) development standards for FSR and height. The proposal seeks a variation to the height control of up to 1.925m, which is addressed in this report. The minor height breach is well founded and justified on this site due to the sloping nature of the topography from the street to the river, and the proposal is therefore consistent with the desired future building density for the site.

 

Conclusion

10.      The application has been assessed having regard to the Matters for Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, Local Environmental Plans and Development Control Plans. The bulk and scale of the building is suitable given the good articulation, appropriate building setbacks and a mix of materiality and textures.

 

11.      As a result, the application is recommended for approval subject to conditions of consent.

 

Report in Full

Description of the Proposal

12.      The proposal seeks consent for demolition of the existing dwelling, tree removal and the construction of an attached dual occupancy, swimming pools and landscaping works. The building appears as a single storey when viewed from the street and cascades down the site as the land slopes towards the waterfront.

 

13.      Each dwelling contains:

 

·    3rd level (street level) - double garage with access from Llewellyn Street (the garages are attached to each other), dwelling entry and master suite with rear facing balcony. Lift and stair access is provided to the lower levels.

 

·    2nd level - a bedroom with ensuite bathroom, kitchen, living and dining area and primary outdoor terrace facing the waterfront. Each bedroom has access to a small Juliette style balcony with a planter box at which point the dwellings are attached.

 

·    1st level - laundry with access to a drying terrace between the dwellings, three bedrooms, a bathroom, a sitting room and rear facing balcony.

 

·    Ground level - store room, bathroom, rumpus room, patio and in-ground swimming pool.

 

Description of the Site and Locality

14.      The development site is located on the north western side of Llewellyn Street and is a waterfront property known as 60 Llewellyn Street, Oatley. The site is legally identified as Lot 19 in DP5510.

 

15.      The site has a frontage to Llewellyn Street of 20.115m and a site area of 1,208sqm. The land slopes from the street to the bay with a fall of 12m. The site currently contains a three storey dwelling house situated at the front of the site, two large trees in the centre of the site and a sea wall and jetty on the waterfront.

 

16.      Adjoining development to the north and south are multi storey dwelling houses. To the north on 58 Llewellyn Street is a dwelling house and swimming pool, and to the south is a dwelling house, swimming pool, tennis court and boat shed at 62 Llewellyn Street.

 

17.      Photos of the site and neighbouring properties are provided in the figures below.

 

Figure 3: The site as viewed from Llewellyn Street

 

   

Figure 4: Rear of the dwelling                                        Figure 5: View to the bay from the dwelling

 

Figure 6: 62 Llewellyn Street (south of the site)

 

Figure 7: 58, 56 and 54 Llewellyn Street (north of the site)

 

State Environmental Planning Policies (SEPPs)

18.      Compliance with the relevant SEPPs is summarised in the following table and discussed in further detail below it.

 

Compliance with State Planning Policies

SEPP Title

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

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

Yes

State Environmental Planning Policy No 55 - Remediation of Land

Yes

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

Yes

 

State Environmental Planning Policy (Infrastructure) 2007

Yes

 

Deemed State Environmental Planning Policy – Georges River Catchment

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

 

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

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

 

State Environmental Planning Policy No 55 - Remediation of Land

21.      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.

 

22.      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.

 

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

 

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

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

 

25.      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). 

 

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

 

27.      Four trees are proposed for removal. An Arborist Report and Tree Risk Assessment Report were prepared in support of their removal. Given the poor health of both trees approval for their removal is recommended. Council’s Consultant Arborist has reviewed the proposal and raised no objection to approval of the Landscape Plan submitted with the DA, including the planting of eight new site trees.

 

28.      On this basis, the proposal is consistent with relevant provisions of the Vegetation SEPP.

 

Draft State Environmental Planning Policies

Draft Environment SEPP

29.      The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018.

 

30.      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.

 

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

 

Draft Remediation of Land SEPP

32.      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.

 

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

 

Draft Design and Place SEPP

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

 

Environmental Planning Instruments

Hurstville Local Environmental Plan 2012 (HLEP 2012)

Zoning

35.      The subject site is zoned Zone R2 Low Density Residential under the provisions of the Hurstville Local Environmental Plan 2012 (HLEP2012). Refer to zoning map below. The proposed development is defined as a dual occupancy which is a permissible land use in the zone.   

 

Figure 8: Zoning map the site is outlined in red

 

36.      The objectives of the zone are as follows:

 

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

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

·     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.

 

37.      The proposal satisfies the objectives of the R2 Zone as it will continue to provide housing for the needs of the community.

 

38.      The extent to which the proposal complies with the relevant standards of Hurstville Local Environmental Plan 2012 (HLEP2012) is outlined in the table below.

 

Hurstville Local Environmental Plan 2012 Compliance Table

Applicable LEP Clause

Development Standards

Development Proposal

Complies

 

4.1A Minimum lot size for dual occupancy and multi dwelling housing

Dual occupancy – 650sqm if land identified as “G” on lot size map; 1000sqm if land identified as “K” on lot size map

Land is identified as “K” on the lot size map which requires 1000sqm of site area for a dual occupancy. The site has an area of 1,208sqm.

Yes

4.3 – Height of Buildings

9m - Height of Buildings Map

Dwelling 1: 10.925m

Dwelling 2: 10.865m

No – refer to variation discussion

4.4 Floor Space Ratio

0.6:1

0.559:1 (675sqm)

Yes

4.6 - Exceptions to development standards

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

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

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

See detailed discussion on the submitted Cl4.6 below.

Yes

6.4 Foreshore Scenic Protection Area (FSPA)

Council cannot grant consent to the carrying out of development on land within a Foreshore Scenic Protection Area unless consideration has been made of the following:

 

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

 

 

 

 

 

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

(c) affect the environmental heritage of Hurstville, and

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

 

 

 

 

 

 

 

 

 

 

The proposal will not adversely impact the natural features of the site. The tree removal is required as they are in poor health as documented by the Tree Risk Assessment Report submitted with the DA.

 

The design does not impact adversely on views to or from the river.

 

 

 

N/A

 

 

Conditions have been imposed for replacement planting on the site to offset the removal of two trees that are not located bellow the FBL.

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

N/A

 

 

Yes

6.7 Essential Services

Development not to affect Council /Essential services

No impacts on services.

Stormwater is proposed to drain to the bay.

Yes

 

Clause 4.6 Assessment

39.      The proposed development seeks a variation to development standard relating to height – Clause 4.3.  The LEP identifies a maximum height of 9m for the site.  The Applicant has submitted a Clause 4.6 submission to vary the height to 10.925m (Dwelling 1) and 10.865m (Dwelling 2) which comprises of a portion of the roof of the balconies at the rear of each dwelling on the second level and minor point encroachments of the roof. The extent of the variation is shown in the height plane diagram in the figure below.

 

Figure 9: Height plane diagram

 

40.      Building height is calculated in accordance with the definition of the HLEP which states:

“Building height (or height of building) means— (a) in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or (b) in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.”

 

41.      The submitted architectural plans in conjunction with the Statement of Environmental Effects and Clause 4.6 variation request, seeks a maximum variation of 1.925m or 21% of the Hurstville LEP.

 

42.      The application was supported by a Clause 4.6 Development Standard variation request (prepared by BMA Urban).  In this instance the variation request is considered adequate, particularly having regard to the extent of non-compliance is limited to a portion of the proposed balcony roof of the primary outdoor terrace of each dwelling, located on the second level of the building.

 

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

 

44.      Clause 4.6(3) states that:

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

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

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

 

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

 

Is the planning control in question a development standard?

46.      Height of Buildings control under Clause 4.3 of the HLEP 2012 is a development standard. The maximum permissible height is 9m.

 

What are the underlying objectives of the development standard?

47.      The objectives of Height of Buildings standard under Clause 4.3 of HLEP 2012 are:

 

(a)  to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

(b)  to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas and public domain, including parks, streets and lanes,

(c)  to minimise the adverse impact of development on heritage items,

(d)  to nominate heights that will provide a transition in built form and land use intensity,

(e)  to establish maximum building heights that achieve appropriate urban form consistent with the major centre status of the Hurstville City Centre,

(f)  to facilitate an appropriate transition between the existing character of areas or localities that are not undergoing, and are not likely to undergo, a substantial transformation,

(g)  to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain.

 

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

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

 

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

 

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

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

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

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

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

 

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

 

Applicants comment:

51.      In this instance, the First Method is of particular assistance in establishing that compliance with a development standard is unreasonable or unnecessary.

 

52.      The objectives of the development standard are achieved notwithstanding the non-compliance (First Method)

 

53.      Insight into the purpose of the height standard can be obtained by investigating the objectives of the standard. The objectives in this case are weighted on built form and amenity having regard to desired future character, land use intensity and solar and or visual and privacy impacts. When considered within the framework of the objectives, the purpose of the height control requires the development to maintain a bulk and scale commensurate with the future character of the area and available land use intensity, while providing reasonable amenity impacts as a result of the building height and specifically the variation.

 

54.      The objectives of the height of building’s principal development standard are:

 

a)   to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

 

b)   to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas and public domain, including parks, streets and lanes,

 

c)   to minimise the adverse impact of development on heritage items,

 

d)   to nominate heights that will provide a transition in built form and land use intensity,

 

e)   to establish maximum building heights that achieve appropriate urban form consistent with the major centre status of the Hurstville City Centre,

 

f)    to facilitate an appropriate transition between the existing character of areas or localities that are not undergoing, and are not likely to undergo, a substantial transformation,

 

g)   to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain.

 

55.      It is considered that the proposed development achieves the objectives of the standard for the following reasons:

 

56.      Objective (a) seeks to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality. Given the site topography and scale of surrounding development, the proposed encroachment into the maximum building height is considered acceptable and will not present a discord within the locality. The height encroachments will not be readily apparent or obvious to the casual observer at street level nor will they result in a jarring contribution to the foreshore character given that there are already a number of existing dwellings in the locality of a similar design, being three or four storeys, stepped down into the site in response to the sloping nature of the lands.

 

57.      The proposal is of a suitable and consistent scale and form along both the street and waterscapes, and is therefore in harmony with the existing built form. The proposed design will visually integrate with that of neighbouring development both current and future serving as an affirmation of the objective and not that of a building that abandons height controls.

 

58.      Importantly, the subject site is not situated within any specific “character area” and is not subject to a “desired future character statement”. The desired future character must therefore be gleaned from the suite of built form controls that apply under the LEP and DCP, and from the zone objectives.

 

59.      Accordingly, it is considered that the scale of the building is compatible with adjoining development, the character of the locality and the natural setting. The resultant height breach does not offend this compatibility in any noticeable way. The proposal therefore satisfies Objective (a).

 

60.      Objective (b) seeks to minimise the visual impact, disruption of views, loss of privacy and loss of solar access to existing development and the adjoining public domain from buildings.

 

61.      In terms of the visual impact of the proposal, the proposed height non-compliance is a direct result of the topography of the land and the need to achieve a functional and visually coordinated built form outcome. The proposed design avoids any significant adverse visual impacts relating to building bulk and scale and does not impact on the streetscape as a result of its single storey frontage. The proposed development incorporates varied setbacks, alternation between horizontal and vertical modulation and use of varied materials, colours and detailing to provide a highly articulated built form with a contemporary external appearance. This design response ensures that the perceptible volume of the development, most notably the breaching elements, will not be identified as a contribution to bulk from along the foreshore and water way along the Georges River.

 

62.      In terms of view impacts, the landform characteristics of both the subject and neighbouring sites and the relationship the proposed development will have with these dwellings, ensures that the breaching elements will not have a discernible impact on the extent of view enjoyed. The view loss impacts associated with the development, most notably the breaching elements, are not likely to be significant and have been mitigated through appropriate building design and siting.

 

63.      The privacy relationship of the existing dwelling with adjoining sites is suitably retained through building orientation, considered window placement, screening and orientation and suitable location of active uses and private open space. In this regard, the height breaching elements will have no bearing on the extent of privacy capable of being afforded by the proposed development untoward neighbouring properties.

 

64.      In terms of overshadowing, Figures 3 and 4 below demonstrate the extent of additional shadowing that will be cast on June 21 and 22 March/September upon neighbouring properties as a result of the breach (marked in red). As demonstrated, the extent of additional shadowing impact is minor and not of an intensity where it could be deemed as pernicious to the overall extent of solar access capable of being provided to key areas across the adjoining site and dwelling at No. 62 Llewellyn Street.

 

 

 

65.      On this basis, the proposal is consistent with objective (b).

 

66.      Objectives (c) (d) (e) and (f) do not relate to the proposed development.

 

67.      Objective (g) seeks to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain. In response, the height breaching elements will not unreasonably preclude the ability for neighbouring properties to continue to enjoy their lands nor will the variation unreasonably compromise the nature or use of the Public Domains.

 

68.      The proposed development is therefore consistent with the relevant objectives for maximum height, despite the numeric non- compliance.

 

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

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

 

Applicants Comment:

70.      Having regard to Clause 4.6(3)(b) and the need to demonstrate that there are sufficient environmental planning grounds to justify contravening the development standard. As discussed in Part 4 above, it is considered that there is an absence of significant impacts of the proposed non-compliance on the amenity of future occupants, on area character and on neighbouring properties.

 

71.      On “planning grounds” and in order to satisfy that the proposal meets objective 1(b) of Clause 4.6 in that allowing flexibility in the particular circumstances of this development will achieve “a better outcome for and from development”, it is considered that the current proposal will facilitate greater amenity for future residents on a site that is highly constrained by slope. This will be achieved in the absence of visual or amenity impacts or contravention of control and zoning objectives.

 

72.      The proposed variation to the height is deemed a necessary outcome which allows for well resolved and functional floor plate arrangements offering high levels of residential amenity. The height breach will have no adverse impacts on adjoining properties with regard to visual impacts, views or overshadowing, and to require strict compliance would mean removing parts of the building without resulting in a real planning benefit to neighbourhood character or amenity but significant loss to the quality and resolve of the development form and appearance.

 

73.      As the site falls steeply from the front boundary to the rear along the Georges River, any proposal on the site is likely to breach the height limit. To insist on strict compliance would thwart and preclude the redevelopment of the land to a reasonable standard. Furthermore, the proposal is compliant with the maximum FSR (0.6:1) that applies to the site. Therefore, the height variation does not seek to provide any additional density or gross floor area (GFA).

 

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

 

75.      The perception of building height, most notably where it breaches the standard, has been formed in a manner that continues to enable the visual identification of a built form that remains appropriate for the site and commensurate with both existing and envisaged development likely to occur on neighbouring undeveloped sites. At a high level, the proposed building successfully mitigates environmental impacts such as overshadowing, privacy and visual impact.

 

76.      There is no planning purpose to be served by limiting the height strictly to the maximum height allowable given the site constraints and absence of amenity related impacts.

 

77.      Clause 4.6(4) states that:

 

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

 

(a)   the consent authority is satisfied that:

 

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

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

 

Applicants Comment:

78.      In Part 3 of this request, it was demonstrated that the proposal is consistent with the objectives of the development standard. The proposal, inclusive of the non-compliance, is also consistent with the objectives of the R2 Medium Density Residential as detailed below:

 

Zone R2 Medium Density Residential Objectives

 

79.      The proposal meets the objectives of the standard as follows:

 

(a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

80.      Officer Comment: The site and surrounding land is zoned R2 with a height limit of 9m. There are a number of examples of height breaches granted by council in the immediate locality to support the recommendation of approval of the variation in this circumstance. The immediate locality is characterised by waterfront properties sloping steeply from the street to the river below. The dwellings appear as single storey from Llewellyn Street and generally follow the slope of the site over multiple levels. Point encroachments of the height limit are a product of the site topography, with the bulk of the dwellings located below the height limit and complaint with the standard.

 

81.      Council granted consent under delegated authority to an application on 58 Llewellyn Street, the northern neighbour of the subject site, for a variation to the height control of 0.755m under DA2019/0605. The dwelling already had a height of 10.773m as shown in the figure below. The approved encroachment was for a balcony roof, similar to that requested as part of this DA.

 

Figure 10: Approved height breach of 58 Llewellyn St (southern neighbour)

 

82.      Additionally, the dwelling approved under DA2016/0280 was granted height breaches similar to that proposed in the subject application as shown in the figure below, of up to 2.39m.

 

Figure 11: Approved height breach of 56 Llewellyn St

 

83.      The proposal is consistent with the existing and desired future of the locality in terms of scale and height, of which many dwellings exceed the height limit to varying extents.

 

(b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas and public domain, including parks, streets and lanes,

84.      Officer Comment: This objective relates to considering the amenity impacts associated with the non-compliance. In terms of visual impact the non-compliant aspects of the proposal are limited to minor point encroachments of the roof and parts of the roof over the balcony adjacent to the living area of each dwelling on the second level. The non-compliant areas cannot be seen from the street, will be imperceptible from neighbouring properties.

 

85.      The objective seeks to “minimise” the visual impact, it is not requiring it to be eliminated or totally negated, and as such seeing the non-compliance is not a reason for refusal, it’s the impact of the visual interference that is to be controlled. The breaches relate to parts of the dwellings which will not be highly visible or an intrusive element given the scale and proportions of the building. There will be no adverse impacts in terms of overshadowing or overlooking to adjoining properties from the parts of the building where the height is exceeded.

 

(c)  to minimise the adverse impact of development on heritage items,

86.      Officer Comment: The proposal will not impact on any items of heritage significance.

 

(d) to nominate heights that will provide a transition in built form and land use intensity,

87.      Officer Comment: The site and surrounding land is zoned R2 with a height limit of 9m. The proposal is consistent with the existing and desired future of the locality in terms of scale and height as discussed in relation to objective (a).

 

(e) to establish maximum building heights that achieve appropriate urban form consistent with the major centre status of the Hurstville City Centre,

88.      Officer Comment: This objective is not relevant to the subject site.

 

(f)   to facilitate an appropriate transition between the existing character of areas or localities that are not undergoing, and are not likely to undergo, a substantial transformation,

89.      Officer Comment: The site and surrounding land is zoned R2 with a height limit of 9m. The proposal is consistent with the existing and desired future character of the locality in terms of scale and height.

 

(g) to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain.

90.      Officer Comment: There will be no adverse impacts in terms of overshadowing or overlooking to adjoining properties or the public domain from the encroaching element as the roof area does not contain any useable areas. All habitable areas of the proposed dwellings comply with the building height.

 

91.      The exceedance of the control generally satisfies the objectives of the zone for the following reasons:

 

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

 

92.      Officer Comment: The proposal will replace a single dwelling house with a dual occupancy to meet the housing needs of the community.

 

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

 

93.      Officer Comment: The development is residential in nature and does not include any additional land uses. This objective is offering some greater flexibility in the provision of land uses within this zone and is not a mandatory requirement.

 

·     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.

 

94.      Officer Comment: The development does not adversely impact the amenity of neighbouring properties or the public domain and is a suitable response to the topography and natural features of the site.

 

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

 

95.      Officer Comment: The dwellings achieve a high level of residential amenity through natural ventilation and solar access. The height non-compliance will not result in unreasonable impacts on neighbouring properties in relation to privacy, overshadowing, visual or acoustic impacts.

 

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

 

96.      Officer Comment: The two trees to be removed as part of the proposal will be replaced with four trees suitable for the location of the site to increase landscaping on the site.

 

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

 

97.      Officer Comment: The proposal does not preclude the use of the rooms in the dwellings for small home businesses.

 

98.      The areas of non-compliance are considered to be reasonable and will not establish an undesirable precedent. It will not have any adverse impacts on the surrounding locality, which is characterised by residential development of comparable character. The proposal promotes the economic use and development of the land consistent with its zone and purpose. The Panel is requested to invoke its powers under Clause 4.6 to permit the variation proposed.

 

99.      The public benefit of the variation is that it will appropriately facilitate the provision of new housing on a R2 zoned site and provide for a range of housing stock. It is noted that in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ clarified what items a Clause 4.6 does and does not need to satisfy. Importantly, there does not need to be a "better" planning outcome resulting from the non-compliance.

 

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

 

101.    The shadow diagrams submitted with the architectural plans demonstrate the non-compliance does not result in any significant additional shadow beyond a compliant built form.

 

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

 

Clause 4.6(b) the concurrence of the Secretary has been obtained.

103.    Concurrence from the Secretary has been obtained and can be assumed in this case.

 

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

 

Draft Georges River Local Environmental Plan 2020

105.    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.

 

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

 

107.    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 

Hurstville Development Control Plan No 1 (HDCP)

108.       The following compliance table is an assessment of the proposal against the Chapter 4.3 controls.

 

Applicable DCP Controls

DCP Provisions

Development Proposal

Complies

PC1 – Site Area

630sqm outside foreshore scenic protection area.

1000sqm within the foreshore scenic protection area.

1,208sqm

Yes

Frontage

a. 15m for an attached dual occupancy

b. 15m for a detached dual occupancy on

allotments with rear lane or dual street

access

c. 15m street frontage for corner sites is

required to the street that has the address of

the existing house (the primary street)

d. 18m for a detached ‘front and back’ dual

occupancy with a dwelling at the rear with

access to the street via an access handle or

right of carriageway

e. 22m for a detached dual occupancy in a

‘side-by-side’ configuration where both dwellings have direct street frontage.

20.115m

Yes

PC2 – Height

9m for 2 storey

 

 

 

Not a battle axe

Max. 6.8m wall height

Floor to ceiling height 2.4m-3.6m

Max. parapet height

450mm

3 storeys

 

 

 

 

9.03m

2.9m

 

450mm

No (refer to discussion on LEP height)

 

No

Yes

 

Yes

Maximum storeys

 

Battle axe

Non battle axe

 

 

 

Not applicable

1

2

 

 

 

NA

3

 

 

 

NA

Supported on merit – refer to height discussion

PC3 – Setbacks

Front:

 

Side:

 

Rear:

 

 

5.5m main face of the dwelling

 

900mm/1.5m FSPA

 

7m to ground floor solid wall and

9m to the first floor solid wall.

 

 

6.47m

 

1.5m

 

17m to 29m

 

 

 

Yes

 

Yes

 

Yes

PC4 – Solar Access

Development allows for at least 3 hours of sunlight on the windows of main living areas and adjoining principal private open space of adjacent dwellings between 9.00 am and 3.00 pm on 21 June.

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

Minimum 3 hrs to southern neighbour POS and living room windows.

Yes

PC5 – Visual Privacy

Window offsets, high light windows and obscured glazing;

 

 

First floor rear balconies are to incorporate fin walls or privacy screens to side elevations to prevent overlooking

Suitable window designs and locations.

 

The elevated rear balconies have 1.6m high opaque glass privacy screens on each side.

Yes

 

 

 

Yes

 

PC6 – Noise

Noise emitting plant and machinery must be located away from habitable rooms or treated to negate noise issues

Complies.

Yes

PC7 – Vehicle access, parking and manoeuvring

Each dwelling is to provide one (1) garage and (1) driveway space.

 

Garage setback 5.5m from front property alignment and recessed 300mm into façade.

 

Driveways a minimum width of 3m and a maximum width of 6m.

 

Driveways are a minimum distance of 1.5m from side boundaries (except access handles.

 

Battle axe lots are to enter and leave in a forward direction

 

Internal driveway grades are in accordance with Australian Standard 2890.1-2004

 

Fencing or other structures that exceed 1m in height are not to be erected within a splay area 1m x 1m either side of any driveway at the boundary of the property.

 

For corner allotments, the location of the driveway layback is to be a minimum distance of 6m from the tangent point between the kerb line and the start of the curved kerb line clear of the intersection of the two roads.

 

Gutter crossings are to preserve existing street trees where practicable.

Double garage per dwelling proposed.

 

6.47m

 

 

 

5m

 

 

1.5m

 

 

 

 

N/A

 

 

Complies

 

 

 

Front fence not proposed (letterboxes only)

 

 

 

 

N/A

 

 

 

 

 

 

 

 

No street trees to be removed.

Yes

 

 

 

Yes

 

 

 

Yes

 

 

Yes

 

 

 

 

N/A

 

 

Yes

 

 

 

N/A

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

Yes

 

PC8 – Cut and Fill

Cut and fill limited to 600mm

Approximately 8m

No – supported on merit due to steep sloping site

PC9 – Streetscape Character

Dual occupancies are to address all street frontages.

 

Windows to street

 

 

The street façade of dual occupancies are to adopt an asymmetrical design to provide each dwelling with an individual identity when viewed from the street;

 

Each dwelling entrance is clearly identifiable from the street.

 

The maximum roof pitch is 35 degrees.

Complies

 

 

Front doors face street

 

Alternate façade design to each dwelling

 

 

 

 

Complies

 

 

Flat roof proposed

Yes

 

 

Yes

 

 

Yes

 

 

 

 

 

 

Yes

 

 

Yes

PC11 – Balconies

Rear balcony maximum depth 2m

Maximum 4.65m – these are the balconies adjacent to the primary living areas, as such the variation is supported on merit.

Supported on merit

PC13 – Fencing

Front fencing:

Maximum height 1m

 

The maximum height of fences on a side or rear property boundary is 1.8m.

Front fence not proposed.

 

1.8m

N/A

 

 

Yes

PC14 – Landscaped areas and private open space

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

 

Within FSPA - 25%;

Minimum dimension of landscaped space 2m

 

An area of Principal Private Open Space is to be

provided which:

a. is provided at ground level

b. has a minimum dimension of 4m x 5m

c. is not steeper than 1 in 20

d. is directly accessible from a main living area

e. may include a covered patio area

N/A

 

 

 

29.7% (369.14sqm)

Complies

 

 

 

 

Complies

10m x 11m

 

Flat

Not possible due to slope

Complies

N/A

 

 

 

Yes

 

Yes

 

 

 

 

Yes

Yes

 

Yes

No

 

Yes

 

PC15 – Stormwater

Drainage by gravity    

To the rear – supported by Council’s Engineer – conditions provided

Yes

PC16 Site Utilities

Utilities are available and/or could be made available to the site.

Services available

Yes

Section 5.6 Swimming Pools and Spas

The top of the pool is as close to existing ground level as possible;

 

Swimming pool edge to be a minimum of 1.5m from side and rear property boundaries

At natural ground level

 

0.9m – condition to comply

Yes

 

 

Yes, by condition

 

 

Georges River Development Control Plan 2020

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

 

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

 

Interim Policy – Georges River Development Control Plan 2020

111.    Council at its Environment and Planning Committee Meeting dated 11 June 2019 resolved to adopt the Georges River Interim Policy DCP. 

 

112.    The Interim Policy is a public policy that is to be used as a guide to set a consistent approach for the assessment of residential development within the LGA. It is a supplementary document, meaning that current DCP controls will prevail if they are considered best practice. The Interim Policy has no statutory recognition in the assessment of DAs pursuant to the Environmental Planning and Assessment Act, 1979 (EP&A Act).

 

113.    An assessment of the proposal has been carried out against the provisions of the Interim Policy as set out in the following table.

 

Section

Interim Policy Control

Proposal

Complies

Minimum Lot Size

Refer to HLEP 2012: 1,000sqm

1,208sqm

Yes

Frontage (attached)

15m

20.115m

Yes

Frontage (Detached)

Minimum site width is:

 

a) 18m for a detached ‘front (maximum 2 storeys) and back’ (maximum single storey) dual occupancy with a dwelling at the rear with access to the street via an access handle or right of carriageway

 

b) 22m for a detached dual occupancy in a –side by side’ configuration where both dwellings have direct street frontage

N/A

N/A

Parking

Each dwelling is to provide one (1) garage and one (1) driveway space (unless otherwise provided for in the building envelope)

A double garage is proposed for each dwelling

Yes

Building Setback (side)

Retain existing controls – refer to HDCP controls

Complies

Refer to DCP table

Basement/ Land Modification

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

 

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

 

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

 

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

Basements are not proposed

N/A

Solar Access

Development allows for at least 3 hours of sunlight on the windows of main living areas and adjoining principal private open space of adjacent dwellings between 9.00 am and 3.00 pm on 21 June.

 

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

 

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

At least 50% of the neighbouring existing primary private open space or windows to main living areas will receive a minimum of 3 hours sunlight between 9am–3pm on the winter solstice (21 June).

 

Yes

 

DEVELOPER CONTRIBUTIONS

114.    The proposed development would require payment of developer contributions under Section 7.11 of the Environmental Planning and Assessment Act 1979. If the development consent is granted a condition outlining the required contributions will be imposed.

 

IMPACTS

Natural Environment

115. 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 and by conditions imposed in the consent. The removal of existing trees has been reviewed by Council’s Consultant Arborist and is deemed acceptable subject to conditions.

 

116. A Tree Risk Assessment Report was prepared in relation to the two trees to be removed at the rear of the site. The report concluded:

 

“The subject trees numbered 1 and 2 have been categorised under the IACA Tree Retention Value (S.T.A.R.S) as ‘Priority for Removal’. The categorised residual risk rating was HIGH.

Arboricultural management:

• Removal of Short longevity HIGH RISK subject trees

• Conditioned ESSENTIAL Replacement planting with 4 x 45ltr or 2 x 75ltr same Genus species tree to maintain canopy cover and bio-diversity.”

 

117. Conditions have been recommended for replacement planting at the rate of 2:1, with suitable species in accordance with the Georges River Tree Management Policy.

 

118. 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

119. 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

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

 

Economic Impact

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

 

Suitability of the site

122.    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

123.    The application was neighbour notified in accordance with Hurstville DCP No. 1 for a period of fourteen (14) days. 22 submissions were received. In summary the following issues and concerns were raised.

 

Issue

Comment

Loss of trees from the site

Four trees are proposed for removal. The two trees in the rear yard are in declining health and their removal is supported by a Tree Risk Assessment Report.

 

Eight trees will replace the four approved to be removed in accordance with the Georges River Tree Management Policy.

 

The landscape proposal is supported by Council’s Consulting Arborist.

A dual occupancy is out of character for the area

Dual occupancy is a permitted land use and is not considered out of character for the low density residential zoning of the land.

Non-compliance with height standard in the LEP

 

There are minor breaches to the height standard as part of the proposal. They relate to point encroachments of the roof and the balcony roofs on the second level.

 

The applicant’s request to vary the standard is well founded and supported. There are a number of non-compliant dwellings in the immediate locality and the proposal is not out of character with the existing and desired future character of the area in terms of height, bulk or scale.

Traffic safety concerns

 

The proposed development will not impact on the capacity of the local road network.

 

The driveway and parking arrangement comply with Council’s controls and the relevant Australian Standards. The proposal is not considered to have an adverse impact on traffic safety.

Overdevelopment

 

The development is for a dual occupancy. The other DAs are for a dwelling house and dual occupancy development. These forms of development are permissible in the R2 Low Density Residential zone. Each application meets the relevant LEP height and FSR controls and are considered a suitable design response for each site.

Pressure on street parking

The proposal provides two parking spaces per dwelling in accordance with the Hurstville DCP and is not considered to have an adverse impact on street parking.

 

REFERRALS

Council Referrals

Development Engineer

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

 

Consultant Arborist

125.    Council’s Consultant Arborist has raised no objection subject to conditions of consent.

 

External Referrals

Ausgrid

126.    The application was referred to Ausgrid in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Ausgrid did not raise any objection to the proposal, no conditions recommended.

 

CONCLUSION

127.    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.

 

128.    The proposal has been assessed against the provisions of the Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No. 1. The proposal satisfies the key planning controls in the LEP and DCP. The identified non-compliances with the height of the building has been addressed and justified in this report, and are supported for the reasons provided in the body of this report.

 

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

129.    The reasons for this recommendation are:

·     The proposed development complies with the requirements of the relevant environmental planning instruments except in the height of the development. A Clause 4.6 variation has been submitted in support of the application which is considered acceptable having regard to the justification provided in the report above.

·     The proposed development complies with the objectives 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 the architectural and planning precedent in the area.

 

Determination

130.    THAT Georges River Local Planning Panel, as the consent authority, support the request for variation under Clause 4.6 of Hurstville Local Environmental Plan 2012, in relation to the Height of Buildings (Clause 4.3) as the variation sought is considered to be well founded and in the public interest as there will not be any direct or adverse environmental impacts generated by the variation sought.

 

131.    THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979, as amended, the Georges River Local Planning Panel, grants development consent to Development Application DA2021/0118 for demolition works, tree removal and the construction of a dual occupancy and swimming pools on Lot 19 in DP 5510 known as 60 Llewellyn 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

Revision

Prepared by

Site Analysis Plan

DA 01

15/3/21

A

Cornerstone Design

Site/Ground Floor Plan

DA 02

15/3/21

A

Cornerstone Design

1st Floor Plan

DA 03

15/3/21

A

Cornerstone Design

2nd Floor Plan

DA 04

15/3/21

A

Cornerstone Design

3rd Floor Plan

DA 05

15/3/21

A

Cornerstone Design

Roof Plan

DA 06

15/3/21

A

Cornerstone Design

South West Elevations

DA 07

15/3/21

A

Cornerstone Design

North East Elevations

DA 08

15/3/21

A

Cornerstone Design

NW & SE Elevations and Section A-A

DA 09

15/3/21

A

Cornerstone Design

Deep Soil Plan and Excavation Plan

DA 13

15/3/21

A

Cornerstone Design

Driveway Long Sections

DA 12

15/3/21

A

Cornerstone Design

Schedule of Materials and Finishes

 

 

 

Cornerstone Design

Stormwater Management Plans

2196 Sheets 1 to 5

17/3/21

C

John Romanous & Associates

 

Separate Approvals Required Under Other Legislation

 

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

 

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

 

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

 

(a)     Placing or storing materials or equipment;

 

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

 

(c)     Erecting a structure or carrying out work

 

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

 

(e)     Pumping concrete from a public road;

 

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

 

(g)     Constructing a vehicular crossing or footpath;

 

(h)     Establishing a “works zone”;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Requirements of Concurrence, Integrated & Other Government Authorities

 

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

 

Prior to the Issue of a Construction Certificate

 

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

 

(a)     62 Llewellyn St, Oatley; and

(b)     58 Llewellyn Street, Oatley; and

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

 

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

 

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

 

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

 

6.      Geotechnical report - The applicant must submit a Geotechnical Report to the PCA, prepared by a professional engineer specialising in geotechnical engineering who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction.  This is to be submitted prior to the issue of the Construction Certificate and is to include:

 

a)      Investigations certifying the stability of the site and specifying the design constraints to be placed on the foundation, any earthworks/stabilization works and any excavations.

b)      Dilapidation Reports on the adjoining properties including, but not limited to 58 Llewellyn Street and 62 Llewellyn Street, Oatley, prior to any excavation of site works.  The Dilapidation Report is to include assessments on, but not limited to, the dwellings at those addresses and any external paths, grounds etc.  This must be submitted to the PCA and the adjoining residents as part of the application for the Construction Certificate.  Adjoining residents are to be provided with the report five (5) working days prior to any works on the site.

c)      On-site guidance by a vibration specialist during the early part of excavation.

d)      Measures to minimise vibration damage and loss of support to other buildings. Where possible any excavation into rock is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures. Where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) the report shall detail the maximum size of hammer to be used and provide all reasonable recommendations to manage impacts.

e)      Sides of the excavation are to be piered prior to any excavation occurring to reinforce the walls of the excavation to prevent any subsidence to the required setbacks and neighbouring sites.

 

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

 

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

 

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

 

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

 

Fee Type

Fee

GENERAL FEES

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

Builders Damage Deposit

$1,900.00

Inspection Fee for Refund of Damage Deposit

$160.00

DEVELOPMENT CONTRIBUTIONS

Hurstville Section 94 Development Contributions Plan 2012 - Residential (Community Facilities)

$2,478.00

Hurstville Section 94 Development Contributions Plan 2012 - Residential (Open Space, Recreation, Public Domain)

$17,522.00

 

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

 

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.

 

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

 

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

 

b)      Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $160.00

 

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

 

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

 

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

 

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

 

10.       BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate Nos. 1184002S and 1184008S must be implemented on the plans lodged with the application for the Construction Certificate.

 

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

 

Swimming Pools

The water line of both swimming pools shall be a minimum of 1.5m from the site boundaries, including the shared boundary between the proposed dwellings.

 

12.       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.

 

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

 

a)   All stormwater shall drain by gravity to the bay with the provision of a pollution control pit prior to the discharge into the bay.

b)   The proposed stormwater system shall be located within the property boundary.

c)   The PCA shall ensure that the proposed stormwater discharge flow shall not cause any scouring onto the downstream environment.    

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.

 

14.       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.

 

15.       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.

 

16.       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).

 

17.       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.

 

18.       Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Zenith Landscape Designs, Ref No 21 – 4390 L01 – L02  and dated 11/03/21. The landscaping must be maintained in accordance with the approved plans in perpetuity, subject to the following -

 

a)   In accordance with Georges River Tree Management Policy 2019, a 2:1 Policy is to be implemented. For every one (1) tree to be removed, two (2) trees must be planted on the subject site to compensate for the loss of each tree.

b)   For the removal of four (4) trees upon the site, eight (8) trees must be planted upon the site.

c)   Two (2) trees are to be planted upon Councils street verge as per landscape plan, paid for by the applicant prior to a Construction Certificate and planted by Council.

d)   The landscape plan demonstrates four (4) trees being planted upon the site, with an additional four (4) to be planted upon the site, Australian native species, minimum 45 litre pot/ bag size and be of species as per Georges River Councils Tree Management Policy, Appendix 1, Tree Planting.

e)   All trees must not be planted upon proposed stormwater piping, pits or services.

f)    The eight (8) trees proposed 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;

g)   If the planted eight (8) trees and all 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.

 

19.       Tree Protection and Retention - The following trees shall be retained and protected:

 

Tree Species

Location of Tree / Tree No.

Fencing distance out from trunk

Angophora costata

Within No 62 Llewellyn St side fence

5.4m

Grevillea Hybrid

Within No 62 Llewellyn St side fence

2.0m

Strelitzia nicholai

Within side fence of No 58 Llewellyn St

2.5m

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

 

g)         In accordance with AS 4970-2009 Protection of trees on development sites, a protective fence consisting of 2.4 x 1.8 metres high, fully supported chainmesh fence shall be used. The distance of the fence 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.

 

h)         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.

 

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

 

j)          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

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

 

l)          All excavation for proposed stormwater piping, pits, services and building footprints within the nominated TPZ of the neighbours trees, must only be conducted using non destructive forms of excavations being Air spade or Hydro vac, under the guidance of the engaged AQF 5 Arborist who must provide a letter of findings to the PCA, with photographic evidence demonstrating these works and no roots over 50mm have been severed and or delaminated and ensuring the viability of the neighbours trees have been kept in a viable condition, to form compliance.

 

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.

 

n)         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).

 

20.       Tree removal - In accordance with Georges River Tree Management Policy 2019, a 2:1 Policy is to be implemented. For every one (1) tree to be removed, two (2) trees must be planted on the subject site to compensate for the loss of each tree.

 

Permission is granted for the removal of the following trees:

 

Tree Species

Number of trees

Location

Casuarina glauca

X1

Within site, rear lawn

Ficus rubiginosa

X1

Within rear yard

Viburnum tinus

X1

Front yard of site

Calliandra Spp

X1

Front yard of site

 

General Tree Removal Requirements

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

 

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

 

Street Tree Removal / Replacement by Council –

a)   Two (2) street trees of species to be determined must be provided in the road reserve fronting the site.

 

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

 

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

 

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

 

Fee Type – Tree planting on public land

Number of trees

Amount per tree

Administration Fee, tree planting and maintenance

X2

$489.00

 

Summary

Number of trees removed from site

X4

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

X8

Number of trees to planted within the site as per this consent

X8

Number of trees the applicant shall pay for and Council to plant upon Councils street verge as per landscape plan.

X2

 

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

 

21.       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 side

60A Llewellyn Street, OATLEY NSW 2223

Southern side

60B Llewellyn 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) 

 

22.       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.

 

23.       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.

 

24.       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.

 

25.       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.

 

26.       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.

 

27.       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

 

28.       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.

 

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

 

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

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

 

30.       Ground levels and retaining walls - The ground levels of the site shall not be excavated, raised or filled, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved by Council. All site works and retaining walls are to be constructed wholly on the subject site, including footings.

 

31.       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.

 

32.       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.

 

33.       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

 

34.       Requirements prior to the issue of the Occupation Certificate - 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.

 

35.       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.

 

36.       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.

 

37.       Completion of Landscape Works

(a) All landscape works, the planting of eight (8) trees upon the site, all shrubs planted and fees payable for Councils 2x street tree plantings, with the PCA signing off when these works have been enacted, prior to releasing an Occupation Certificate.

 

(b) A certificate of compliance for the planting of all eight (8) trees and all shrubs proposed for the site. An AQF 5 Horticulturist shall be engaged and in writing certify that all eight (8) trees have been planted as per landscape plan and conditions within this consent and forwarded to the PCA – Principal Certifying Authority, to form compliance.

 

38.       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.

 

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

 

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

 

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

 

Operational Conditions (Ongoing)

 

40.       Maintenance of Landscaping - All eight (8) 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

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.

 

b)   All excavation for proposed stormwater piping, pits, services and building footprints within the nominated TPZ of the neighbours trees, must only be conducted using non destructive forms of excavations being Air spade or Hydro vac, under the guidance of the engaged AQF 5 Arborist who must provide a letter of findings to the PCA, with photographic evidence demonstrating these works and no roots over 50mm have been severed and or delaminated and ensuring the viability of the neighbours trees have been kept in a viable condition, to form compliance prior to an Occupation Certificate.

 

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 8 x 45 litre size trees, which will attain a minimum mature height of six (6) metres, must be planted within the property. The trees are to conform to AS2303 – 2018, Tree stock for landscape use.

 

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

 

f)    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.

 

g)   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.

 

41.       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.

 

42.       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.

 

43.       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.

 

44.       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 8am or after 8pm on any Sunday or public holiday, or

 

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

 

Operational Requirements Under the Environmental Planning & Assessment Act 1979

 

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

 

46.       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.

 

47.       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.

 

48.       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.

 

49.       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.

 

50.       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.

 

51.       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

 

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

 

53.       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.

 

54.       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.

 

55.       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.

 

56.       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.

 

END CONDITIONS

 

NOTES/ADVICES

 

57.       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.

 

58.       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.

 

59.       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.

 

60.       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.

 

61.       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.

 

62.       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.

 

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

 

64.       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).

 

65.       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.

 

 

 

ATTACHMENTS

Attachment 1

Site Plan - 60 Llewellyn St Oatley

Attachment 2

South West Elevations - 60 Llewellyn St Oatley

Attachment 3

North East Elevations - 60 Llewellyn St Oatley

Attachment 4

Front and Rear Elevations - 60 Llewellyn St Oatley

 


Georges River Council - Georges River Local Planning Panel (LPP) - Friday, 6 August 2021

LPP037-21              60 Llewellyn Street Oatley

[Appendix 1]           Site Plan - 60 Llewellyn St Oatley

 

 

Page 54

 


Georges River Council - Georges River Local Planning Panel (LPP) - Friday, 6 August 2021

LPP037-21              60 Llewellyn Street Oatley

[Appendix 2]           South West Elevations - 60 Llewellyn St Oatley

 

 

Page 55

 


Georges River Council - Georges River Local Planning Panel (LPP) - Friday, 6 August 2021

LPP037-21              60 Llewellyn Street Oatley

[Appendix 3]           North East Elevations - 60 Llewellyn St Oatley

 

 

Page 56

 


Georges River Council - Georges River Local Planning Panel (LPP) - Friday, 6 August 2021

LPP037-21              60 Llewellyn Street Oatley

[Appendix 4]           Front and Rear Elevations - 60 Llewellyn St Oatley

 

 

Page 57

 


Georges River Council – Local Planning Panel   Friday, 6 August 2021

Page 120

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Friday, 06 August 2021

 

LPP Report No

LPP038-21

Development Application No

DA2021/0042

Site Address & Ward Locality

72 Connells Point Road South Hurstville

Blakehurst Ward

Proposed Development

Alterations and additions to existing registered Club and licensed premises

Owners

South Hurstville RSL Club Ltd

Applicant

South Hurstville RSL Club

Planner/Architect

Axil Architects

Date Of Lodgement

4/12/2021

Submissions

One (1) submission

Cost of Works

 $12,088,945.00

Local Planning Panel Criteria

Development requiring a club licence under the Registered Clubs Act 1976 as referenced in the 9.1 Ministerial Direction of 28 February 2018

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

State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, State Environmental Planning Policy (Infrastructure) 2007,

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment,

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

Waste Management Plan, Traffic Report,

Acoustic Report, Management and Security Plan,

Survey Plans, Green Travel Plan, Submission

Report prepared by

Senior 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, however the applicant will be able to review the conditions when the report is published

 

Site Plan

 

 

Executive Summary

Proposal

1.         Development consent is sought for the alterations and additions to the existing South Hurstville RSL as follows:

 

·    The extension of existing canopy roof above the exiting vehicular drop-off area at the Club’s front entry.

·    Refurbish the front entry steps and ramp.

·    Enclosing the existing concrete dock area with a metal roof and roller shutter.

·    Removal of the existing hard stand memorial area at the corner of Connells Point Road and the Mall and extend the existing bistro / café area.

·    The ground floor level will be dedicated to the existing Club activities including new foyer, bistro/café, lounge, sports lounge and outdoor terrace.

·    The ground floor back of house areas including reception, kitchen/café, bar, toilets, dock area, administration and staff areas are to be substantially increased to improve operation and management of the Club.

·    The existing first floor is to be extended at the north west side of the Club building towards Connells Point Road. The proposed extension will be located over a section of existing ground floor roof to the Club. The first floor will accommodate a new lounge, bar, gaming lounge and outdoor gaming terrace and two external terraces. A pair of new escalators will connect the ground and first floor levels, along with the existing main stair and lift.

·    The first floor back of house areas including bar, toilets and office administration are to be increased improve operation and management of the Club.

·    The interior to the ground and first floor of the Club are to be fully refurbished and upgraded.

·    New signage on the Connells Point Road elevation.

 

2.         There are changes proposed to the last approved hours of operation. The most recent approval that mentions operating hours is from 1982 (DA 133/82), which prescribes hours of operation of:

 

·    Monday to Friday – 11.00am to 11.00pm,

·    Saturday – 10.00am to 12.00am (midnight),

·    Sunday – 10.00am to 11.00pm.

 

3.         The Statement of Environmental Effects states that the hours of operation for the club are now proposed to be:

 

·    Monday – 10.00am to 11.00pm;

·    Sunday, Tuesday to Thursday – 10.00am to 12.00am (midnight); and

·    Friday and Saturday – 10.00am to 1.00am (the following day).

  

4.         This change to the approved hours of operation is discussed and assessed in the body of the report.

 

Site and Locality

5.         The site is identified as 72 Connells Point Road, South Hurstville with a legal description of Lot 100, DP 1114788. The allotment is an irregular shaped lot with dual frontage to Connells Point Road (68.63m) and The Mall (50.65m), with an area of 3111.00sqm. The subject site slopes towards the intersection of Connells Point Road and The Mall. 

 

6.         Existing on the site is South Hurstville RSL and associated parking, landscaped area and an existing war memorial.

 

7.         There is an existing brick building on the north corner of the site that is being used as a restaurant separate to the RSL Club. Both the RSL Club and the brick building are on the Deposited Plan registered in 2008. No works are proposed to this brick building.  

 

8.         The locality surrounding the subject site contains a mixture medium and low density residential development and a range of commercial premises.

 

Zoning and Permissibility

9.         The site is zoned B2 – Local Centre under the Kogarah Local Environmental Plan 2012 (LEP) and the proposal is a permissible form of development with Council’s consent. The proposed development satisfies all relevant objectives contained within the LEP.

 

Submissions

10.      The application was notified for a period of fourteen (14) days starting from 21 January 2018. One submission was received.

 

Reason for Referral to the Local Planning Panel

11.      This DA is referred to the Georges River Local Planning Panel for determination on the basis that the alterations and additions to the club will require a new club licence due to the relocation of the gaming and bar area.

 

Conclusion

12.      The application has been assessed having regard to the Matters for Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, Local Environmental Plans and Development Control Plans. The application is recommended for approval subject to suitable conditions.

 

Report in Full

Proposal

13.      The development application seeks consent for the alterations and additions to an established Club known as the South Hurstville RSL. This venue offers food, drink, gaming and associated activities. There will be no proposed changes to the hours of operation.

 

14.      Further details of the proposal are as follows:

 

·    The extension of existing canopy roof above the exiting vehicular drop-off area at the Club’s front entry.

·    Refurbish the front entry steps and ramp.

·    Enclosing the existing concrete dock area with a metal roof and roller shutter.

·    Removal of the existing hard stand memorial area at the corner of Connells Point Road and the Mall and extend the existing bistro / café area.

·    The ground floor level will be dedicated to the existing Club activities including new foyer, bistro/café, lounge, sports lounge and outdoor terrace.

·    The ground floor back of house areas including reception, kitchen/café, bar, toilets, dock area, administration and staff areas are to be substantially increased to improve operation and management of the Club.

·    The existing first floor is to be extended at the north west side of the Club building towards Connells Point Road. The proposed extension will be located over a section of existing ground floor roof to the Club. The first floor will accommodate a new lounge, bar, gaming lounge and outdoor gaming terrace and two external terraces. A pair of new escalators will connect the ground and first floor levels, along with the existing main stair and lift.

·    The first floor back of house areas including bar, toilets and office administration are to be increased improve operation and management of the Club.

·    The interior to the ground and first floor of the Club are to be fully refurbished and upgraded.

·    New signage on the Connells Point Road elevation.

 

15.      The hours of operation are proposed to be;

·               Monday – 10.00am to 11.00pm,

·               Tuesday to Thursday – 10.00am to 12.00am (midnight),

·               Friday to Saturday – 10.00am to 1.00am (the following morning). 

           

16.      It is acknowledged that hours of operation are considered to be “existing” from the applicant however the most recent approval (DA 133/82) stated that the approved hours of operation were:

 

·    Monday to Friday  - 11.00am to 11.00pm,

·    Saturday – 10.00am to 12.00am (midnight),

·    Sunday – 10.00am to 11.00pm.

 

Background

17.      Approval was granted by the Georges River Local Planning Panel on 21 November 2019 (DA2018/0098) for alterations and additions to the Club and a change in operating hours. The SEE submitted with this application states,The current existing DA approval was essentially a refurbishment and only went part of the way to fully rejuvenating and addressing the Club’s presence within the community.”

 

The Site and Locality

18.      The site is identified as 72 Connells Point Road, South Hurstville and has a legal description of Lot 100, DP 1114788.

 

19.      The allotment is an irregular shaped site with dual frontage to Connells Point Road (68.63m) and The Mall (50.65m), with an area of 3111.00sqm. The subject site slopes towards the intersection of Connells Point Road and The Mall.

 

20.      Existing on the site is South Hurstville RSL and associated parking, landscaped area and war memorial.

 

21.      The locality surrounding the subject site contains a mixture medium and low density residential development and a range of commercial premises. Immediately to the north east of the site is mixed use development, adjacent to the north-west is a petrol station, and adjacent to the north east and south east boundary is residential development within the B2 – Local Centre and R3 – Medium density zone. King Georges Road is located in close proximity towards the north of the subject site.

 

22.      Photos of the existing building are provided below.

 

Figure 1: The Club as viewed from The Mall

 

Figure 2: The Club as viewed from The Mall

 

Figure 3: The Club as viewed from corner of The Mall and Connells Point Road

 

Figure 4: The Club as viewed from the carpark entry on Connells Point Road

 

Figure 5: Service areas at the back of the Club

 

Figure 6: Existing smokers terrace

 

23.      Photos of the surrounding area are provided below.

 

Figure 7: Adjacent residential development at 2 The Mall

 

Figure 8: Residential development on the south western side of The Mall

 

Figure 9: Rear elevation of development on King Georges Road

 

Figure 10: Existing parking area looking south east

 

Figure 11: Service station and commercial development opposite the Club on Connells Point Road

 

Applicable Planning Controls

State Environmental Planning Policies (SEPPs)

24.      Compliance with the relevant SEPPs is summarised in the following table and discussed in further detail below it.

 

SEPP Title

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

State Environmental Planning Policy No 55 - Remediation of Land

Yes

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

Yes

 

State Environmental Planning Policy (Infrastructure) 2007

Yes

State Environmental Planning Policy No. 64 Advertising and Signage

Yes

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

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

 

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

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

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

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

 

26.      The stormwater design was referred to Council’s Development Engineer for review. It is proposed to direct stormwater from the new covered areas to the existing stormwater system on site.  No objection was raised with respect to the management and disposal of stormwater subject to the imposition of conditions of consent.

 

27.      In summary, the proposal will not contravene the aims, objectives or purpose of the Regional Plan subject to the imposition of those conditions recommended by the Development Engineer.

 

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

28.    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.

 

29.    Clause 7 requires contamination and remediation to be considered in determining a DA. 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. 

 

30.    A review of the site history indicates that the site has been used for South Hurstville RSL since at least 1956 – as indicated in a DA approved in 1982 which indicated that the previous use of the site was a “registered club”. Accordingly, the site has been used for purposes of a registered club during this time. This usage is not typically associated with activities that would result in the contamination of land.

 

31.    The proposed development will not involve major excavation and the building footprint will remain mostly consistent with the existing site coverage. The proposed alterations and additions will involve works within the existing footprint, as well as minimal disturbance to existing paved areas (such as car parking area etc.).

 

32.    The application was also referred to Council’s Environmental Health Officer who raised no objection in this regard.

 

33.    On this basis, there is no impediment to approval of the DA under SEPP 55. However a condition has been recommended with respect to unexpected finds should contamination be experienced during excavation/construction.

 

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

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

 

35.    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). 

 

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

 

37.    The proposal will result in a small vegetated area on the southern corner, where the former war memorial is located, being removed. The memorial has been re-located adjacent to the car park entry.

 

38.    There is no significant vegetation that is proposed to be removed from the site and it does not conflict with the Vegetation in Non-Rural Areas SEPP.

 

State Environmental Planning Policy (Infrastructure) 2007

39.    The aim of the Infrastructure SEPP is to facilitate the effective delivery of infrastructure across the State. The infrastructure SEPP also contains a number of clauses requiring assessment if the site is located on a main road (such as King Georges Road), and these clauses do not apply to this development. The DA is generally consistent with the provisions of the Infrastructure SEPP 2007 as there is adequate servicing of the site that can be extended to service the new works.

 

State Environmental Planning Policy No. 64 – Advertising and Signage (SEPP 64)

40.    SEPP 64 applies to the state and commenced on 16 March 2001. The policy aims to ensure that signage is compatible with the desired amenity and visual character of an area.

 

41.    Part 3 of the SEPP applies to Advertisements. Subclause 13 outlines the Matters for consideration, which states:

 

(1)  A consent authority (other than in a case to which subclause (2) applies) must not grant consent to an application to display an advertisement to which this Policy applies unless the advertisement or the advertising structure, as the case requires:

(a)  is consistent with the objectives of this Policy as set out in clause 3 (1) (a), and

(b)  has been assessed by the consent authority in accordance with the assessment criteria in Schedule 1 and the consent authority is satisfied that the proposal is acceptable in terms of its impacts, and

(c)  satisfies any other relevant requirements of this Policy.

 

Schedule 1 Assessment Criteria

42.    An assessment of the proposal against Schedule 1 of the SEPP is provided in the table below.

 

Schedule 1 of SEPP 64

Requirement

Proposed

Complies

1   Character of the area

•  Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

 

•  Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

 

Yes. The signage is not inconsistent with the character of Connells Point Rd in the immediate locality.

 

 

There is no particular theme for outdoor advertising in the area.

 

Yes

 

 

 

 

 

Yes

2   Special areas

•  Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

 

The site is not located in a special area.

 

Yes

3   Views and vistas

•  Does the proposal obscure or compromise important views?

•  Does the proposal dominate the skyline and reduce the quality of vistas?

•  Does the proposal respect the viewing rights of other advertisers?

 

No

 

No

 

Yes

 

Yes

 

Yes

 

Yes

 

4   Streetscape, setting or landscape

•  Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

•  Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

•  Does the proposal reduce clutter by rationalising and simplifying existing advertising?

•  Does the proposal screen unsightliness?

•  Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

•  Does the proposal require ongoing vegetation management?

 

 

Yes

 

 

Yes

 

 

Yes

 

 

N/A

 

No

 

 

No

 

 

Yes

 

 

Yes

 

 

Yes

 

 

N/A

 

Yes

 

 

Yes

5   Site and building

•  Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

•  Does the proposal respect important features of the site or building, or both?

•  Does the proposal show innovation and imagination in its relationship to the site or building, or both?

 

Yes

 

 

 

 

There are no important site or building features.

 

No, not required though.

 

 

 

Yes

 

 

 

 

Yes

 

 

Yes

6   Associated devices and logos with advertisements and advertising structures

•  Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

 

 

 

No

 

 

 

Yes

7   Illumination

•  Would illumination result in unacceptable glare?

•  Would illumination affect safety for pedestrians, vehicles or aircraft?

•  Would illumination detract from the amenity of any residence or other form of accommodation?

•  Can the intensity of the illumination be adjusted, if necessary?

•  Is the illumination subject to a curfew?

The proposed signage is not illuminated.

N/A

8   Safety

•  Would the proposal reduce the safety for any public road?

•  Would the proposal reduce the safety for pedestrians or bicyclists?

•  Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

 

No

 

No

 

No

 

Yes

 

Yes

 

Yes

 

Part 3 Division 3 Particular Advertisements – Clause 22

43.    The definition in the SEPP of a wall advertisement is:

 

wall advertisement means an advertisement that is painted on or fixed flat to the wall of a building, but does not include a special promotional advertisement or building wrap advertisement.

 

44.    The proposed signage is located on the north western elevation of the building, facing Connells Point Road, as shown in Figure 12.

 

Figure 12: Proposed signage to Connells Point Road

 

45.    An assessment of the proposal in relation to Clause 22 of SEPP is provided in the following table.

 

Clause 22 Wall advertisement

Control

Proposal

Complies

(1)  Only one wall advertisement may be displayed per building elevation.

 

Two signs are proposed on the NW elevation. The signs are located at the top of the wall and adjacent to the ramp entrance.

 

A condition has been recommended that the lower sign be deleted to comply with this clause.

No – condition recommended

 

(2)  The consent authority may grant consent to a wall advertisement only if—

 

(a)  the consent authority is satisfied that the advertisement is integrated with the design of the building on which it is to be displayed, and

 

(b)  for a building having—

(i)  an above ground elevation of 200 square metres or more—the advertisement does not exceed 10% of the above ground elevation, and

(ii)  an above ground elevation of more than 100 square metres but less than 200 square metres—the advertisement does not exceed 20 square metres, and

(iii)  an above ground elevation of 100 square metres or less—the advertisement does not exceed 20% of the above ground elevation, and

 

(c)  the advertisement does not protrude more than 300 millimetres from the wall, unless occupational health and safety standards require a greater protrusion, and

 

(d)  the advertisement does not protrude above the parapet or eaves, and

 

(e)  the advertisement does not extend over a window or other opening, and

 

(f)  the advertisement does not obscure significant architectural elements of the building, and

 

(g)  a building identification sign or business identification sign is not displayed on the building elevation.

 

(2A)  In the case of the display of a wall advertisement on transport corridor land, subclause (2) does not apply and the consent authority may grant consent only if satisfied that the advertisement is consistent with the Guidelines.

 

(3)  In this clause, building elevation means an elevation of a building as commonly shown on building plans.

 

 

 

 

Complies

 

 

 

 

 

NW elevation  = 330sqm

Proposed signage (top sign only) = 8.5sqm or 2.6%.

 

N/A

 

 

 

N/A

 

 

 

 

Complies

 

 

 

 

 

Complies

 

 

 

Complies

 

 

Complies

 

 

 

Complies

 

 

 

N/A

 

 

 

 

 

 

 

Noted

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

N/A

 

 

 

N/A

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

Yes

 

 

Yes

 

 

 

Yes

 

 

 

N/A

 

 

 

 

 

 

 

-

 

Draft State Environmental Planning Polices

 Draft Environment SEPP

46.      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.

 

47.      Changes proposed include consolidating the following seven existing SEPPs:

 

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

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

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

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

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

·     Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

 

48.      The proposal is consistent with the provisions of this Draft Instrument.

 

Draft Remediation of Land SEPP

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

 

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

 

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

 

Kogarah Local Environmental Plan

52.      The zoning of the subject site is B2 – Local Centre under the Kogarah Local Environmental Plan where “registered club” is a permissible form of development. Refer to the zoning map below.

 

Figure 13 - Zoning Map with the allotment outlined in blue

 

53.      The objectives of the B2 -Local Centres are as follows;

“•     To provide a range of retail, business, entertainment and community uses that      serve the needs of people who live in, work in and visit the local area.

•      To encourage employment opportunities in accessible locations.

•      To maximise public transport patronage and encourage walking and cycling.”

 

54.      The proposal satisfies the objectives of the B2 zone as it will continue to provide “a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area” and “encourage employment opportunities in accessible locations”.

 

55.      The proposal is fully compliant with the relevant provisions of the KLEP, as detailed within the following table.

 

Clause

Objectives/Provisions

Comment

Complies

4.3 - Height of buildings

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. In this case, the relevant map limits the height of buildings on the subject site to 21m.

The proposal has a building height of up to 9.26m

Yes

4.4 - Floor space ratio

The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map. In this case, the relevant map limits the floor space ratio for buildings on the subject site to 2.5:1.

The proposal has a floor space ratio of 0.75:1 (2,360sqm).

 

 

 

Yes

5.10 – Heritage Conservation

The objectives of this clause are;

(i) to conserve the environmental heritage of Kogarah,

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

The site is not listed a heritage item or within a heritage conservation area and is not adjacent to a heritage item.

N/A

6.1 - Acid sulfate soils

 

 

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

The subject site is not identified on the Acid Sulfate Soils Map as being affected by any particular class of acid sulfate soils.

N/A

  6.2 - Earthworks

 

 

 

 

 

 

 

 

 

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

There will be minimal earthworks associated with the proposal.

Yes

6.3 - Flood planning

 

The objectives of this clause are as follows:

 

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

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

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

The subject site is not identified on the Flood Planning Map as being within a Flood Planning Area.

N/A

 

Draft Georges River Local Environmental Plan 2020

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

 

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

 

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

 

Development Control Plans

Kogarah Development Control Plan 2013

59.      The proposal is affected by the provisions of Part 2 – General Controls and Part D – Commercial and Industrial. These provisions are addressed in more detail within the following table.

 

Kogarah Development Control Plan 2013

Part B General Controls

Controls

Required

Proposed

Complies

Part B2_ Tree Management and Greenweb

The objectives of this Part are:

(a) Establish the criteria governing the removal or pruning of trees.

(b) Ensure that appropriate information is submitted to Council regarding tree management.

This was discussed in detail under the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 commentary. There are no trees existing onsite and therefore no additional consideration is required to be given to the Greenweb.

Yes

Part B4 – Parking and Traffic

Development Type not listed in Table 1 – base parking requirements on RMS Guide to Traffic Generating Development.

A parking assessment has been provided below in relation to the “Guide to Traffic Generating Development”.

See below

Part B5 – Waste Management and Minimisation

Submit a Waste Management Plan with DAs involving:

·      demolition;

·      construction of a new building(s); or

·      change of use or alterations/additions to existing premises (only when this would result in a change of waste generation).

A waste management plan has been provided.

Yes

Part B6 – Water management

All developments requiring Council approval within the City of Kogarah require consideration of the Water Management Policy.

 

Stormwater will be connected to the existing drainage system and appropriate conditions have been imposed by Council Engineers.

Yes

Part D – Commercial and Industrial

D1 – 3.1 Streetscape

Facades are to be ordered and articulated to visually break up the building massing, for example through materials, colour and the design of openings. Large areas of glass curtain walling and blank walls are to be avoided.

The façade presents a variety of finishes and articulation to the street.  

Yes

Enhance pedestrian amenity through the provision of continuous awnings for weather protection.

The proposal is not considered to have an unreasonable impact on the amenity of pedestrians. The changes to the entry and the ramps and the internal room layout and new internal escalators will facilitate access for all.

Yes

Promote safety and security by providing a high level of activation to the street, employing clear and direct lines of sight between the street and building entries, and using appropriate signage and lighting to enhance the amenity of the public domain.

The built form includes a number of windows to the street-facing facades and to the car park. Appropriate signage and lighting is provided.

Yes

D1 – 3.4 Building Heights

 

Building height is to be in accordance with the Locality requirements.

This is discussed under D2-19.1.1 – South Hurstville Height below.

See below (D2 - 19.1.1)

Buildings are massed towards the street frontage and step down towards the rear, to be in keeping with the existing retail/commercial built form pattern and compatible with the scale and character of adjacent residential areas.

The existing building is massed towards the south and south west of the site (the street frontages) and the proposed additions are above the existing footprint. The proposal will not adversely impact on adjacent residential areas.

Yes

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

The floor to ceiling heights are existing at 3.2m at the ground floor and 3.6m on the first floor.

Yes

Floor to ceiling should be a minimum of 2.7m at the upper storeys of the building, to allow for a range of uses, and to improve the environmental performance and amenity of the building.

The floor to ceiling height of the upper floor is 3.6m.

Yes

D1 – 3.5 Setbacks

 

Buildings adjacent to public roads are generally to align with and be built to the street frontage to provide continuity in the streetscape and encourage active frontages to ground level.

The proposed additions have a nil setback to Connells Point Rd and retain the existing setback to The Mall.

Yes

Street setbacks at ground level are permitted only:

 

·     Where the established pattern is setback (for example where there are residential buildings within the locality)

The proposed additions have a nil setback to Connells Point Road and retain the existing setback to The Mall.

Yes

Side setbacks are generally not permitted in order to maintain the continuity of active frontages, unless specified in the locality controls.

The proposal retains the existing side setback to the north east. The car park is to remain in the northern side of the site.

Yes

Rear setbacks are determined by the context including the amenity of neighbouring residential uses and the amenity of any rear lanes. Refer to Locality Controls within Part D2 for specific rear setback requirements.

The site has two street frontages and no rear boundary as such.

 

The proposal retains the existing side setback to the north east. The car park is to remain in the northern side of the site.

Yes

Setbacks on corner blocks are to enable sufficient sightlines for traffic in accordance with the relevant Australian Standard.

This has been reviewed by Councils Traffic engineer and the development is considered acceptable with respect to sightlines from the site and from The Mall. 

Yes

D1 – 3.6 Building Design

 

 

 

 

 

 

 

 

Where appropriate, integrate buildings into the streetscape by adopting a modular form, which reflects the underlying narrow shop width of older buildings. Use vertical elements, such as vertically proportioned windows, exposed party walls, vertical balustrades, attached fins to express this modulation and rhythm. Use horizontal elements such as roofs, parapets, balconies and balustrades to align the building with its neighbours.

The proposed additions relate well to the existing built form and are a suitable response to the site context.

 

Yes

Ensure that the facade clearly expresses a bottom, middle and top related to the overall proportion of the building.

The proposal has clear horizontal proportions.

Yes

Incorporate design characteristics such as projecting fins, corbelling, balconies with variable materials and finishes, punctuated walls with visually recognisable patterns, decorative features, rhythm and texture and a variable colour palate to achieve façade modulation and articulation.

The design has incorporated variations regarding the articulation, materials and finishes to compliment the existing development.

Yes

Avoid curtain walls, large expanses of glass and large expanses of concrete as these do not create well-articulated and harmonious façades.

The proposal does not incorporate these features.

Yes

Provide a greater proportion of solid areas to void areas on all façades and incorporate non-reflective materials.

There is a greater amount of solid area to void areas on the façade. The materials have been required to be non-reflective via a condition of consent.

Yes

Use non-reflective glass or recess glass behind balconies to minimise reflectivity.

This has been included as a condition of consent.

Yes, via condition

Windows and openings are to be generally of a vertical character and located within vertical bays.

A majority of the existing windows and openings are not proposed to be changed as are vertical in character.

Yes

Air-conditioning units/fans/vents/stacks/hoods etc are to be inconspicuously located so as not to be visible from the shopping street and any other major side street.

This is not proposed on any of the elevations fronting a street.

Yes

Design building openings at the ground floor to be in keeping with the overall building and bay scale and proportions.

The modifications will remain in proportion.

Yes

For cafe/dining uses, provide openable window areas in association with seating overlooking the street, to create the effect of outdoor dining.

The terrace on the ground floor will provide the effect of outdoor dining.

Yes

Incorporate continuous, independent and barrier free access to ground floor commercial entries, including effective signage, sufficient illumination, tactile ground surface indicators and pathways with limited cross-falls, sufficient width, comfortable seating and slip-resistant floor surfaces.

Compliance will be ensured through conditions for compliance with the BCA/NCC. This detail is to be included as part of the construction certificate assessment.

Yes

Awnings should retain any original awning features present that contribute to the desired locality character.

The original awning will be extended on the ground floor level over the ramp and porte cochere.

Yes

Provide under awning lighting to improve public safety.

This is provided via a condition.

Yes, via condition

Design awnings in the high range 3.6m – 4m and no higher or lower than adjoining awnings.

The extension of the awning will follow the height of the existing awning and is 4m in height.

Yes

Provide awnings flat or near-flat in shape (not tilted upwards away from the facade), and opaque in finish.

The awning/extension is flat and will adopt the finishes of the existing awning.

Yes

Design balustrades that allow for views into, and along the street.

The balustrading on the ground and first floor will provide views to the street.

Yes

New development and refurbishments are to comply with the requirements of the BCA and Australian Standards.

Council Building Surveyor has reviewed the proposal. No objections are raised subject to conditions of consent.

Yes

 

 

 

Variation to the existing pattern of roof forms may only occur where the parapet line is not disrupted and where the new roof is not visible from the street below or adjacent public areas.

The proposed roof design is suitable in the context of the existing building and surrounding area.

Yes

Comply with the requirements of Part F1- Advertising and Signage.

Refer to relevant controls in this table.

Yes

Where parking requirements are not stated, reference should be made to the RTA’s Guide to Traffic Generating Developments.

This is assessed in detail below.

Yes, see below

D1 – 3.6.9 Signage

(1) Comply with the requirements of Part F1- Advertising and Signage.

 

(2) Protect the visual quality and the amenity of the streetscape by integrating signage into the architectural detail of the building.

 

(3) Ensure that signage does not:

(i) obscure important architectural features;

(ii) dominate the architecture of buildings;

(iii) protrude from, or stand above the awnings;

(iv) project above any part of the building to which it is attached;

(v) cover a large portion of the building facade.

 

(4) Avoid fin signs, signage on canvas blinds, signage on roller shutters and projecting wall signs.

 

(5) Ensure that signs provide clear directions for residents, visitors and customers.

Refer to relevant section in this table.

 

 

Complies

 

 

 

 

 

 

 

 

Complies

 

Complies

 

Complies

 

Complies

 

 

Complies

 

 

Not proposed

 

 

 

 

Complies

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

Yes

 

Yes

 

Yes

 

 

Yes

 

 

Yes

 

 

 

 

Yes

 

 

D1- 3.7 – Vehicular Access and Parking

A minimum of 1 accessible car space required.

2 accessible spaces are provided.

Yes

 

Parking layout to ensure pedestrian safety

 

The parking layout is not proposed to be altered. The extension to the existing awning is to be constructed over existing parking spaces and pedestrian walkways, without impacting on the parking spaces or walkways.

Yes

Loading bay facilities are to be provided at the rate of:

Commercial

Floor area 1000sqm to 5000sqm – 1 bay required

Floor area > 5000sqm to 10000sqm – 2 bays required

The existing loading dock (one required) is to be amended to accommodate the changes proposed to the back of house areas.

Yes

D1 – 3.12 Amenity

 

 

 

 

Utilise the site and building layout to maximise the potential for acoustic privacy by providing adequate building separation within the development and neighbouring properties.

 

An acoustic assessment was submitted and assessed by Council’s Health Unit and considered satisfactory pending conditions of consent. The recommended conditions to mitigate any noise issues that may arise due to the proposed development include compliance with the submitted acoustic report; no amplified gaming machines and live entertainment are to occur in outdoor gaming and smoking area, addition of acoustic tiles, noise levels for licensed premises and verification of acoustic report.

Yes

 

Locate all noise generating equipment so as to protect the acoustic privacy of workers and adjoining residents.

An acoustic assessment was submitted and assessed by Council’s Health Unit and considered satisfactory pending conditions of consent. The recommended conditions to mitigate any noise issues that may arise due to the proposed development include compliance with the submitted acoustic report; no amplified gaming machines and live entertainment are to occur in outdoor gaming and smoking area, addition of acoustic tiles, noise levels for licensed premises and verification of acoustic report.

Yes

 

Retain existing, and incorporate new indigenous trees, shrubs and ground cover

No objection was raised by Council’s Arborist to the proposal, subject to conditions for tree protection of a street tree and a neighbouring tree.

Yes

Maximise passive surveillance by orienting buildings towards the street, such that building frontages and entries overlook and are clearly visible from the street and provide a sense of address and visual interest.

Many windows are oriented to the street frontage for casual surveillance and visual interest.

Yes

D1 - 3.13 Open Space and Landscaping

Retain existing, and incorporate new indigenous trees, shrubs and ground cover where appropriate.

No objection was raised by Council’s Arborist to the proposal, subject to conditions for tree protection of a street tree and a neighbouring tree.

Yes

D2 – 19.1.1 – South Hurstville Height

The maximum overall building height including any residential component (measured from natural ground level) = 7m to the eave and 9m to the ridge.

 

The ground floor is to have a minimum floor to ceiling height of 3.2m while all other floors are to have a minimum floor to ceiling height of 2.7m.

 

Only one (1) level or floor is permitted below natural ground level, which can only be used for car parking purposes.

The proposed height is 9.26m, however the LEP height limit allows 21m on the site.

 

 

 

The ground floor has a floor to ceiling height of 3.2m and the first floor has a floor to ceiling height of 3.6m.

 

 

There is no level proposed below natural ground.

No, justified

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

D2 – 19.1.1 – South Hurstville Density

 

 

 

 

 

 

The maximum permitted gross floor area of any building or buildings erected or proposed to be erected on this land is 0.5:1.

 

 

 

 

 

 

 

 

 

 

The floor space ratio, may be exceeded only if:

(i) the gross floor area in excess of 0.5:1 is used only for the purposes

of dwellings; and

(ii) the ratio of the gross floor area of the building or buildings to the site area for the respective zone does not exceed 1:1.

The proposal has a floor space ratio of 0.75:1 (2,360sqm).

 

The permitted FSR under the LEP is 2.5:1 the proposal is acceptable in this regard as it is acknowledged that the DCP has not been updated to reflect changes in the LEP; this is why there is inconsistency in this regard.  

 

The area over FSR is not used for a dwelling and as stated, the LEP allows for FSR. Beyond that referenced in the DCP. As with the building height, it is acknowledged that the DCP has not been updated to reflect changes in the LEP, hence why there is inconsistency in this regard.  

No, justified

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No, justified

F1 – Advertising and Signage

2.2 General Requirements

 

Wall Sign

Must comply with all of the following controls, otherwise prohibited:

 

(a) Only one sign per building elevation;

 

(b) Must not have an area greater than:

a. 10% of the elevation, if the elevation is > 200m2

b. 20m2 if the elevation is greater than 100m2 but < 200m2

c. 20% of the elevation for elevations of < 100m2 .

 

(c) Must not project above or beyond the wall to which it is attached;

 

(d) Must not extend over a window or other opening, or architectural feature;

 

(e) Must not be located on a building wall if there is an existing building or business identification sign on the building elevation;

 

(f) Size, shape and location determined by facade grid analysis (refer to Section 3.11); and

 

(g) Painted wall signs to be painted at least once every three years, or at the Council’s discretion.

These controls replicate the controls in Clause 22 of the SEPP No. 64.

 

Refer to the compliance table under the SEPP in this report.

 

 

 

 

3.1 All Advertising Signs

(1) Advertising must relate to the use of the premises and products sold on the premises.

 

(2) Signage must be sympathetic to, and integrated with, the architecture and structure of the supporting building and not be the dominant visual element on a building.

 

(3) The proposed advertising sign must be compatible with the streetscape, setting or landscape, and not dominating in terms of its scale, proportion and form.

 

(4) Lettering, materials and colours must complement the existing building or place.

 

(5) Signage must not project above any parapet or eave.

 

(6) Signage must not be located where it will adversely impact views or vistas or cause significant overshadowing.

 

(7) The main facades of buildings between the first floor and parapet must be uncluttered and generally free of signage.

 

(8) The façade of the host building is to be subdivided into a series of vertical or horizontal panels on which the signage can be placed (Figures 3 and 4).

 

(9) The cumulative impacts of multiple advertising signs and the number of existing signs on the premises will be considered. Council may require existing inappropriate signage to be removed as a condition of development consent.

 

(10) All advertising and signage must be displayed in English but may also include a translation in another language. Any translated message must be accurate and complete, and using wording and/or numbering that is not larger than the English message.

 

(11) Signs must be attractive and professionally sign written.

 

(12) Changes in the content or message of an advertising sign are allowed without the approval of Council provided that:

(i) the structure to which the advertising sign is attached has been approved by Council;

(ii) the size and dimensions of the sign remain as approved, or are reduced;

(iii) there is no change to the intensity of, or hours of illumination;

(iv) moving or flashing messages or symbols are not proposed; and

(v) the message is not likely to cause distraction to motorists; or

(vi) the proposed sign meets exempt development requirements.

(vii) The name or logo of the person who owns or leases an advertisement or advertising structure must not be greater than 0.25m2 , and may appear only within the advertising display area.

 

(13) Where a business or organisation offers a product or service, the name of the business or organisation should have greater dominance over the product or service advertisement.

 

(14) The wording and content of the advertising sign must not:

(i) offend nearby sensitive land uses (e.g. places of worship, schools, child care centres);

(ii) contain undesirable discriminatory advertising messages as specified in the Anti-Discrimination Act 1977;

(iii) encourage unlawful purchase or excessive consumption of alcohol; or promote anti-social behaviour.

 

(15) Council discourages signs that are prone to deterioration and may request removal of redundant, unsafe, unsightly or objectionable signage.

 

(16) Council discourages signage on common boundaries where maintenance difficulties could occur and may require provision for maintenance of signage.

Complies.

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

Complies.

 

 

 

 

Complies.

 

 

 

Complies.

 

 

 

 

 

Complies.

 

 

 

 

 

Complies.

 

 

 

 

 

 

A condition is recommended for one of the proposed signs to be deleted from plans as only one sign is permitted per elevation under the SEPP.

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

Not proposed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

Complies

 

 

 

 

Complies

 

 

 

 

 

Not proposed.

 

 

 

 

 

 

 

Not proposed.

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

3.4 Traffic and Pedestrian Safety

(1) Proposed advertising, whether illuminated or not, must not adversely impact the safety of pedestrians, cyclists or motorists on any public road.

 

(2) Advertising signs must be securely fastened to the structure or building to which they are attached, and must comply with all relevant Australian Standards and Building Code of Australia requirements.

 

(3) Freestanding signboards must be located and designed so that they do not pose any safety risk to pedestrians or motorists.

 

(4) Advertising signs must not be liable to interpretation as an official traffic sign, be confused with instructions given by traffic signals or other devices, or obscure the view of traffic signals, signs or road hazards.

 

(5) Signs facing roads with high traffic volumes, traffic lights or major intersections may be referred to the Roads and Maritime Services (RMS) for comment.

Complies.

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

Not required.

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

3.9 Multiple Advertisements and Advertising Structures

The number of advertisements displayed on any property will be restricted if in Council’s opinion the number or size of advertisements is detrimental to any streetscape or the visual amenity of any public space. Consideration will be given to the following factors:

 

• The number of existing signs on the subject premises;

• The proportion of solid (wall surface area) to void (window and door openings) space available for signage;

• The length of the street frontage to the premises;

• The extent of façade detail and projecting features of the building which should remain unobscured by signage.

A condition is recommended for one of the proposed signs to be deleted from plans as only one sign is permitted per elevation under the SEPP.

 

Yes

 

Car Parking Assessment

60.      The club has an existing car park that accommodates 39 car parking spaces.  The RTA’s ‘Guide To Traffic Generating Development’ states that it is difficult to determine a general amount of spaces required due to the potential diversities between different clubs.

 

61.      The RTA (RMS) state that for extensions to an existing club, the assessment should be based on the relevant club. A Traffic Impact Statement by Traffix was provided to Council in which the traffic survey was provided.

 

62.      The DA was referred to Council’s Traffic Engineer for review and comment in relation to the traffic impact statement submitted. The Club currently provides parking for 39 cars, and no reduction in parking is proposed as part of this DA. The expansion of indoor and outdoor spaces requires the provision of an additional 19 spaces.

 

63.      Council’s Traffic Engineer supports the data used in the assessment of the deficient car parking and advises a condition of consent should be included for the preparation of a Green Travel Plan to provide targets and strategies to increase the use of public transport, courtesy bus and active travel for patrons and staff.

 

64.      The applicant submitted a Green Travel Plan which identifies sustainable travel options for staff and visitors of the club to offset the parking deficiency of 19 spaces arising from the increase in floor space proposed as part of this DA. The Club is well serviced by local bus routes and provides a courtesy bus service, Wednesdays to Sundays (6.00pm to 12.00am), which provides transport to a number of surrounding suburbs within a 5km radius of the club.

 

65.      To assist with promoting alternative modes of travel to and from the Club, a Transport Access Guide has been prepared for the club by the applicant’s traffic and parking consultant, and is appended to the Green Travel Plan submitted with the DA. The Club is to appoint a Travel Coordinator who would then be responsible for communicating transport options to staff and visitors, collaborating with internal and external stakeholders and monitoring, as required and evaluating the progress of the targeted and actual mode shares.

 

66.      Conditions (57 and 58) have been included in the draft conditions of consent at the end of this report.

 

67.      Council’s Traffic Engineers have also reviewed the proposal in terms of sight lines for vehicles using the intersection of Connells Point Road and The Mall, as well as in terms of pedestrian safety in this location. It is advised that the proposal is acceptable in terms of sightlines for pedestrians and vehicles.

 

68.      The proposal from a car parking assessment is considered satisfactory in this regard. 

 

Hours of operation

69.      The proposed hours of operation are

 

·    Monday – 10.00am to 11.00pm,

·    Tuesday to Thursday – 10.00am to 12.00am (midnight),

·    Friday to Saturday – 10.00am to 1.00am (the following morning).

 

70.      The most recent approval that mentions operating hours is from 1982 (DA 133/82). The hours conditioned in this proposal are:

 

·    Monday to Friday  - 11.00am to 11.00pm,

·    Saturday – 10.00am to 12.00am (midnight),

·    Sunday – 10.00am to 11.00pm.

 

71.      Although the proposed hours of operation are stated in the Statement of Environmental Effects as being unchanged from the existing situation, they are a slight increase to the hours of operation approved in the 1982 approval.

 

72.      The KDCP does not include provisions for permitted hours of businesses in B2 Zones. The existing Club has not had a noise complaint since 2011 and there have only been four (4) noise complaints recorded in approximately 37 years.  

 

73.      The Acoustic report was prepared with the proposed/existing hours as part of the assessment. This report has been assessed by Council’s Environmental Health Officer and a number of acoustic conditions imposed which relate to compliance with the submitted acoustic report, no amplified gaming machines and live entertainment are to occur in outdoor gaming and smoking areas, addition of acoustic tiles, noise levels for licensed premises between certain time frames and verification of acoustic report.

 

74.      The hours that are proposed do not differ greatly from the hours approved in 1982. Considering the acoustic conditions there is no objection to the proposed hours of operation.

 

Section 7.12 Contributions

75.      Monetary contributions are required under Section 7.12 of the Environmental Planning and Assessment Act 1979, with respect to the proposed development. These contributions have been calculated appropriately and a suitable condition of consent has been included in the recommended conditions at the end of this report.

 

IMPACTS

Natural Environment

76.      The site seeks minimal earthworks which are considered to have no unreasonable impacts on the natural environment. The proposal seeks the removal of small shrubs that are not considered of significance. One street tree and one tree on a neighbouring site are to be protected and conditions are recommended in this regard. In this regard, the proposal is not considered to result in an adverse impact to the natural environment.

 

Built Environment

77.      The proposed development will not result in any adverse impacts upon the built environment for reasons discussed throughout the report. In this regard, the proposal is not considered to result in an adverse impact to the built environment.

 

Social and Economic Impact

78.      It is considered that the proposed alterations and additions seek to upgrade the existing development being South Hurstville RSL Club by modernising the facilities needed to continue to meet the social needs of the community. The proposal is unlikely to cause any unreasonable social and/or economic impacts.

 

Suitability of the Site

79.      The site has been used as a ‘registered club’ since at least 1956. It is considered that the proposed development is of a scale and design that is suitable for the site having regard to its size and shape, topography and relationship to adjoining development and context.

 

SUBMISSIONS AND THE PUBLIC INTEREST

80.      The application was neighbour notified in accordance with Kogarah DCP 2013 for a period of fourteen (14) days. One (1) submission was received. The following issues and concerns were raised.

 

Parking over resident driveways in The Mall and request for signage within the Club to advise patrons the police may be called and a fine issued

81.      Comment: Difficulty arises in establishing the owner of any car parked on the street and their whereabouts at the time. The Club has a complaints register to record complaints from residents and the Police can be called by residents if necessary.

 

REFERRALS

Council Referral

Development Engineering 

82.      The DA was referred to Council’s Development Engineer for review and comment in relation to the submitted stormwater plans. The application was supported subject to conditions. 

 

Traffic Engineer

83.      The DA was referred to Council’s Traffic Engineer for review and comment in relation to the traffic impact statement submitted. Council’s Traffic Engineer supports the data used in the assessment of the deficient car parking and advises a condition of consent should be included for the preparation of a Green Travel Plan to provide targets and strategies to increase the use of public transport, courtesy bus and active travel for patrons and staff (refer to discussion in paragraphs 60 to 68 of this report).

 

Building Surveyor

84.      The DA was referred to Council’s Building Surveyor for review and comment in relation to the submitted plans. The application was supported subject to conditions.

 

Environmental Health Officer

85.      The DA was referred to Council’s Environmental Health Officer for review and comment in relation to the submitted plans and acoustic report. The application was supported subject to conditions.

 

Waste

86.      The DA was referred to Council’s Environmental Sustainability and Waste Department for review and comment in relation to the submitted plans. The application was supported subject to conditions of consent.

 

External Referrals

NSW Police Force

87.      The application was referred to the NSW Police for comment and review in relation to the submitted plans and documentation. The application is supported subject to conditions.

 

Transport for NSW

88.      No objections raised to the proposal.

 

Ausgrid

89.      No objections raised to the proposal.

 

CONCLUSION

90.      The proposal has been assessed with regard to the matters for consideration listed in Section 4.15 of the Environmental Planning and Assessment Act 1979. The proposal is an appropriate response to the context and constraints of the site and will result in alterations and additions to the existing South Hurstville RSL. The application is consistent with the Kogarah Local Environmental Plan, Kogarah Development Control Plan and applicable State Environmental Planning Policies. The proposal will adequately respect the character of B2 zoned land and the proposal is appropriate on the site.

 

91.      For the above reasons, the proposal is recommended for approval subject to the conditions included within the recommendation below.

 

DETERMINATION AND STATEMENT OF REASONS 

Statement of Reasons

92.      The reasons for this recommendation are:

 

·     The proposal will facilitate alterations that will upgrade the existing ‘registered club’.

·     The proposal will not create unreasonable impacts to the surrounding area.

·     The proposed development is considered to be appropriate for the site. Subject to the implementation of the recommended conditions, the development will not create unreasonable impacts upon the natural or built environment.

 

Determination

93.      THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979 (as amended) the Georges River Local Planning Panel grant development consent to Development Application DA2021/0042 for the alterations and additions to South Hurstville RSL Club at Lot 100 DP 1114788, and known as 72 Connells Point Road, South Hurstville, subject to the following conditions of consent:

 

Development Details

 

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

 

Description

Reference No.

Date

Revision

Prepared by

Site Plan

A1.01

28.11.2020

DA

Axil architects

Demolition Ground Floor Plan

A0.04

28.11.2020

DA

Axil architects

Demolition First Floor Plan

A0.05

28.11.2020

DA

Axil architects

Ground Floor Plan

A1.02

4.6.2021

DA1

Axil architects

First Floor Plan

A1.03

28.11.2020

DA

Axil architects

Roof Plan

A1.04

28.11.2020

DA

Axil architects

Proposed Elevations

A2.01

28.11.2020

DA

Axil architects

Sections A-A and B-B

A2.02

28.11.2020

DA

Axil architects

External Finishes

EF.01

28.11.2020

DA

Axil architects

 

Documents Relied on:

         

Description

Reference No.

Date

Revision

Prepared by

DA Acoustic Assessment

20201050.1

 

26/11/2020

1

Acoustic Logic

Management and Security Plan

-

28 November 2020

-

South Hurstville RSL Club

Traffic Impact Assessment

19.491r02v02

December 2020

V02

Traffix

Green Travel Plan

19.491r03v01

July 2021

 

Traffix

Operational Waste Management Plan

-

June 2021

-

Waste Audit and Consultancy Services

 

Separate Approvals Required Under Other Legislation

 

2.         Building - Hoarding Application Prior to demolition of the buildings on the site, or the commencement of work above ground level, a separate application for the erection of an ‘A class’ (fence type) or a ‘B class’ (overhead type) hoarding or ‘C type’ scaffold, in accordance with the requirements of SafeWork NSW, must be erected along that portion of the footways/roadway where the building is within 3 metres of the street boundary.

An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

 

The following information is to be submitted with a Hoarding Application under Section 68 of the Local Government Act 1993 and Section 138 of the Roads Act 1993:

 

a)      A site and location plan of the hoarding with detailed elevation, dimensions, setbacks, heights, entry and exit points to/from the site, vehicle access points, location of public utilities, electrical overhead wire protection, site management plan and builders sheds location; and

b)      Hoarding plan and details that are certified by an appropriately qualified engineer; and

c)      The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available at www.georgesriver.nsw.gov.au) before the commencement of work; and

d)      Public Risk Insurance Policy with a minimum cover of $20 million in relation to the occupation of and works within Council's road reserve, for the full duration of the proposed works, must be obtained a copy provided to Council. The Policy is to note Council as an interested party.

e)      The application must be endorsement by the Roads & Maritime Services (RMS) as the hoarding is located within 100m of an intersection with traffic lights. For assistance you should contact the DA unit at RMS and speak to Hans on 88492076. Or email hans.pilly.mootanah@rms.nsw.gov.au to obtain concurrence for the hoarding structure.

 

3.         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.

 

4.         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

 

5.         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

 

6.         Liquor Licence - Application shall be made to NSW Office of Liquor and Gaming for a Liquor Licence under the Liquor Act 2007, prior to the issue of a construction certificate. Evidence that the Licence has been issued shall be provided to the PCA prior to the commencement of works.

 

Note: A use which is reliant on the obtaining of a Liquor Licence should refrain from progressing until the Licence is obtained.

 

7.         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.

 

8.         Trade Waste Agreements - A Trade Waste Agreement with Sydney Water may be required. Details of any work required to comply with the agreement must be detailed on the plans lodged with the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water to this effect must be submitted with the application for the Construction Certificate.

 

Prior to the Issue of a Construction Certificate

 

9.         Signage – The proposed “The Pinnacle” sign on the north-western elevation on the ground level must be deleted from the plans.

 

10.       Façade Materials – The materials incorporated into the façade are not to be reflective, this includes glass used as balustrading. 

 

11.       Demolition and Construction Waste - The applicant must provide details of the proposed contractors used for managing demolition/construction wastes to Council prior to the issue of a Construction Certificate. The applicant must maintain records of licensed waste management disposal for up to 7 years as evidence of correct management of wastes. The applicant is not permitted to stock-pile waste on the site, and all waste must be removed from the site during demolition and construction stages of the development as bins onsite reach capacity. All waste must be processed and/or disposed of at a site licensed to accept it.

 

12.       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.

 

13.       Access for Persons with a Disability - Access for persons with disabilities must be provided to the site, including the carpark area in accordance with the Building Code of Australia and AS 1428.1. Details must be submitted with the Construction Certificate Application.

 

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.

 

14.       Slip Resistance - All new pedestrian surfaces 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.

 

15.       Acoustic Requirements - Compliance with submitted Acoustic Report - The Construction Certificate plans shall demonstrate compliance with the Acoustic Report submitted and approved by Council; titled South Hurstville RSL Club – DA Acoustic Assessment prepared by Acoustic Logic and dated 26 November 2020.

 

16.       Acoustic Report - General Operation of Premises - The proposed use of the premises and the operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 (as amended) and Regulations.

 

An Acoustic Report shall be prepared by a suitably qualified acoustic consultant demonstrating that the operation of the premises and plant equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise sources under consideration by more than 5dB. The source noise level shall be assessed as an LAeq, 15 min in accordance with the NSW Environment Protection Authority’s Noise Policy for industry 2017.

1.          

Council’s Environmental Health Officers must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.

 

17.       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

$3,750.00

Inspection Fee for Refund of Damage Deposit

$160.00

Georges River Council Section 94A Development Contributions Plan 2017

$120,889.45

 

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.

 

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

 

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.

 

18.       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: $3,750.00.

 

b)      Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $160.00

 

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

 

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

 

19.       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.

 

20.       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.

 

21.       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

Tristaniopsis laurina  x 5

Councils street tree fronting The Mall Rd

3.5 metres radially without blocking the footpath

Cupaniopsis anarcardioides

Neighbours tree, south fence line

5.4 metres radially

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

 

b)   A certificate of compliance letter from the AQF 5 Arborist must be forwarded to the PCA – Principal Certifying Authority, at 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.

2.          

3.         Tree Protection Measures

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

 

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

 

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

 

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

 

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

 

h)   In accordance with AS 4970-2009 Protection of trees on development sites, a protective fence consisting of 2.4 x 1.8 metres high, fully supported chainmesh fence shall be used. The 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 within the TPZ of the trees to be retained.

4.          

5.         Excavation works near tree to be retained

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

m)  The excavations for the proposed staff toilet / staff rooms close to the neighbours tree, must be under the guidance of the engaged AQF 5 Arborist whom must oversee works that may impact the neighbours tree

 

n)   Where the Tree Protection Zone (TPZ) of trees on site or adjoining sites become compromised by any excavation works, the AQF 5 Project arborist shall be consulted to establish the position of any major roots and determine the necessary measures to protect these roots. The recommendations of the Arborist shall be submitted to Council prior to any further demolition or construction works taking place.

 

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

 

6.         Pier and Beam / Cantilever / Post and rail –

p)   To preserve the neighbour’s tree – Cupaniopsis anarcardioides, the footings of the proposed staff toilet/ staff rooms, shall be isolated pier and beam construction within a 5.5 metre radius of the trunk. The piers shall 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 construction period. The beam shall be located on or above the existing soil levels.

 

7.         Tree pruning

q)   Any necessary pruning of overhanging branches relating to the Cupaniopsis anarcardioides Tree, located within the back yard of the neighbouring site to the south, is subject to a separate tree pruning approval application prior to any works commencing and shall be conducted In accordance with - AS 4373 - 2007, Pruning of amenity trees, Pruning class – “S” – Selective pruning – clause 7.2.4 and completed by a minimum, AQF Level 3 Arborist.

 

22.       Tree Removal & Replacement - No trees are permitted to be removed as part of this consent.

 

23.       Stormwater System – General - The submitted stormwater plan has been assessed as a concept plan only. Final detailed plans of the twin underground rainwater tanks drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

 

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

(b)        Stormwater drainage plans including and proposed & existing 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.

 

24.       Rainwater Tanks - The submitted Concept Stormwater Plan details and the proposed twin 5000 litres rainwater tanks totalling 10,000 litres capacity will be located inground and under the existing ground floor terrace. Rainwater Tank Plans prepared by Greenview Consulting “Stormwater Drainage Plan”, Drawing No. 201053 C03 GROUND FLOOR DRAINAGE PLAN OPTION B-2, Sheet C03 & C04, dated 7/4/2021 have been assessed as a concept plan only. Final detailed plans of twin rainwater tanks and associated drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate. The approved copy of the plans shall also be submitted to Council concurrently.

 

The twin rainwater tank facility designed by a professional engineer who specialises in Hydraulic engineering must be designed, approved and installed.

 

A minimum 10,000 litres tank volume is to be provided in accordance with the approved plans.

 

The rainwater tanks facility shall be designed to meet all legislated safety requirements. A durable metal plate or similar sign is to be placed at the rainwater tanks facility and must bear the words:

 

"BEWARE: This is twin rainwater tanks for rainwater harvesting and reuse which could overflow during heavy storms."

 

Full details shall accompany the application for the Construction Certificate.

 

25.       Stormwater Drainage Application - This Development Consent does not give approval to undertake new street drainage pit and pipe works on public infrastructure as per “Stormwater Drainage Plan”, Drawing No. 201053 GROUND FLOOR DRAINAGE PLAN OPTION B-2, Sheet C03 & C04, dated 7/4/2021, prepared by Greenview Consulting. A separate approval of a Stormwater Drainage Application 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 council.

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

 

The Stormwater Drainage Application approval must be obtained and evidence of the approval provided to 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.

 

26.       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.

 

27.       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.

 

28.       Food Premises - The following information shall be provided and shown on the Construction Certificate Plans

 

(a)  Plans and Specifications

Details of the construction and fit out of food premises must be submitted to Council’s Environmental Health Officer. The plans and specifications must demonstrate compliance with the:

 

i.    Food Act 2003 (as amended)

ii.   Food Regulation 2015 (as amended)

iii.  Food Standards Code as published by Food Standards Australia

iv.  New Zealand and Australian Standard AS4674:2004 Design, Construction and fit out of food premises (as amended)

v.   Sydney Water – trade Waste Section.

 

Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.

 

(b) Waste Facility

Details of the construction and fit out of the waste facility of the food premises must be submitted to Council’s Waste Services Team for approval.  Such details must demonstrate compliance with the Food Act 2003 (as amended), Food Regulation 20105 (as amended); the Food Standards Code as published by Food Standards Australia and New Zealand and Australian Standard AS 4674:2004 Design, construction and fit out of food premises (as amended.) and must be:

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

ii.    paved with impervious floor materials;

iii.   coved at the intersection of the floor and the walls;

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

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

vi.   Must be large enough to accommodate the bins required.

 

Council’s Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.

 

29.       Health - Colour of finishes - All walls, floor and ceiling in all food preparation, food storage and waste storage areas shall be finished with a light colour.  No black or dark colour surface finish is permitted in these areas.

 

Details of colour of finishes in the mentioned area must be submitted with the plans for satisfactory approval prior to the issue of any Construction Certificate.   

 

Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.

 

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

 

30.       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)

 

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.       Contamination – Should any unexpected contamination be experienced during excavation/construction work is to cease immediately and a , a detailed site investigation and remedial action plan (if required) shall be undertaken and completed by a suitably qualified person in accordance with the relevant guidelines approved by the Office of Environment and Heritage (OEH) and in accordance with the requirements of the Contaminated Land Management Act 1997.

 

            Work may only recommence given approval to recommence by a suitably qualified person.

 

38.       Road Opening Permit - A Road Opening Permit must be obtained from Council for every opening of a public road reserve to access services including sewer, water mains, gas mains, connecting of stormwater to the kerb and telecommunication.  This is for any work that involves excavation through or within a public road, kerb and gutter, and or the public footway between the road and the property boundary.  The permit is to be lodged prior to the commencement of works.  Additional approval is required from Roads and Maritime Services for works on a State Road.

 

39.       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.

 

40.       Structural Certificate during Construction - The proposed building works must be constructed in accordance with details designed and certified by the practising qualified structural engineer. All structural works must be inspected and structurally certified for compliance by an independent practising structural engineer.  In addition a Compliance Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Certifying Authority at each stage of Construction or prior issue of the Occupation Certificate.

 

41.       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.

 

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

 

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

 

43.       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.

 

44.       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.

 

45.       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

 

46.       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.

 

47.       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.

 

48.       Restriction to User and Positive Covenant for Twin Rainwater Tanks  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 rainwater tanks, 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 in relation to the twin rainwater underground tanks 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.       Stormwater drainage works – Works As Executed – Twin Rainwater Underground Tanks - 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 twin rainwater underground tanks;

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

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

(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 Work-As-Executed plans have been prepared and signed by a registered surveyor certifying the accuracy of dimensions, invert levels, surface levels, storage volume etc;

 

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

 

51.       Requirements prior to the issue of the Occupation Certificate - Stormwater and Twin Rainwater Underground Tanks Works - The following shall be completed and or submitted to the PCA prior to the issue of the Occupation Certificate:

 

(a)        All the rainwater tanks/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 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.

 

52.       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.

 

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.

 

53.       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 DA Acoustic Report titled South Hurstville RSL Club – DA Acoustic Assessment prepared by Acoustic Logic and dated 26 November 2020.

 

54.       Acoustic Compliance – General Operation of Premises - The proposed use of the premises and the operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 (as amended) and Regulations.

 

A suitably qualified person shall certify that the operation of the plant equipment shall not give rise to sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise sources under consideration by more than 5dB.  The source noise level shall be assessed as an LAeq, 15 min in accordance with the NSW Environment Protection Authority’s “NSW industrial Noise Policy.

 

Certification must be submitted to the PCA prior to the issue of any Occupation Certificate.

 

55.       Food Premises – Inspection & Registration - Prior to the issue of any Occupation Certificate or occupation or use of any food premises:

 

(a) An inspection of the fit out of the Food Premises must be arranged with Council's Environmental Health Officer;

 

(b) A satisfactory final inspection must have been undertaken by Council's Environmental Health Officer; and

 

(c)  The Food Premises must notify and register its business details with Georges River Council as required under section 100 of the Food Act 2003.

 

Operational Conditions (Ongoing)

 

56.       Hours of operation - The hours of operation are not to exceed;

 

            Monday – 10.00am to 11.00pm,

            Tuesday to Thursday – 10.00am to 12.00am (midnight),

            Friday to Saturday – 10.00am to 1.00am (the following morning).    

 

57.       A reviewable condition is imposed for the use between the hours listed above to ensure acceptable noise levels for the surrounding residential properties.

 

Under section 4.17(10B) of the Environmental Planning and Assessment Act 1979 Council as the consent authority may review this condition at any time and may require that this be changed on any such review. The operator of the premises will be given fourteen (14) days written notice that a review of the hours of operation for the use of the green at night will take place. In that time the operator may submit to Council any information they wish to be considered in support of the approved hours of operation.

 

Following a review, Council may allow the use to continue to operate for the reviewable hours specified above, require the use to cease at an earlier time or otherwise modify the condition as considered appropriate.

 

Reason: The purpose of the above reviewable condition is to allow Council ongoing assessment of the premises in relation to neighbourhood amenity, public safety, operational performance, compliance with the plan of management, and allow management to demonstrate successful practices in relation to the above.

 

58.       Waste Management

 

(a)     Provisions for managing wastes onsite during on-going operations must be provided in accordance with the A1.02 DA1 Ground Floor Plan dated 4.6.21 and the WMP dated June 2021.

 

(b)     Servicing of bins and removal of waste from the site will not be permitted to occur more than thrice weekly, and collection of waste items will be restricted to occur between the hours of 6am – 10pm.

 

(c)     All bins must be stored within the designed waste storage are with materials contained in bins and out of sight from public view.

 

(d)     A private waste collection contractor must be engaged to provide waste collection and removal services on-site, entering and exiting the driveway in a forward motion. Bins and other waste materials originating from the club are not permitted to be stored on the kerbside at any time.

 

59.       Green Travel Plan - The club is to provide copies of the Transport Access Guide (Appendix A of the Green Travel Plan dated July 2021, prepared by Traffix) to all club members and staff and make copies available at reception for club visitors on the club website.

 

The club is to appoint a travel coordinator who is responsible for communicating transport options to staff and visitors, collaborating with internal and external stakeholders and monitoring, as required and evaluating the progress of the targeted and actual mode shares.

 

60.       Green Travel Plan Evaluation - The club will engage an external consultant to review the GTP annually (for the first 3 years), which must include annual travel mode surveys of staff and visitors. The review is to be submitted to Council’s Manager of Traffic and Transport annually for the first 3 years following the grant of consent of this application.

 

The report must review and evaluate the progress of targets as documented in Table 4 and Table 5 of the GTP, as well as refining and updated the GTP, as appropriate. This annual evaluation is to provide a reliable overview of areas in which the GTP is operating effectively and which areas that require more attention.

 

61.       Police Measures - The premises are to be operated at all times in accordance with the Plan of Management dated 28 November 2020, as may be varied from time to time after consultation with the Local Area Commander of NSW Police Force and Georges River Council.

 

            A copy of the Plan of Management is to be kept on the premises and made available for inspection on the request of a police officer, council officer, or liquor and gaming NSW inspector.

 

Installation of CCTV cameras within and around the development:

a.   the system must record continuously at all times

b.   recordings must be in a digital format and at a minimum of ten frames per second (10 fps)

c.   any recorded image must specify the time and date of the recorded image

d.   the systems cameras must cover the following areas:

i. All entry and exit points on the premises

ii.  The footpath immediately adjacent to the premises

iii. All publicly accessible areas (other than toilets) within the premises.

iv. Throughout the underground car park to monitor activities around these areas

e.   all recordings made by the CCTV system to be kept for at least 30 days

 

·    lighting which complies with the Australian Standard – lighting must be installed in and around the property to increase visibility during the hours of darkness

·    strict adherence to the submitted Management and Security Plan for the Operation of the South Hurstville RSL Club

 

62.       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).

 

63.       Maintenance of Sound Attenuation - Sound attenuation must be maintained in accordance with the Acoustic Report titled South Hurstville RSL Club – DA Acoustic Assessment prepared by Acoustic Logic and dated 26 November 2020.

 

64.       Final Acoustic Report - Verification of Noise report - Within three months from the issue of an Occupation Certificate, an acoustic assessment is to be carried out by an appropriately qualified acoustic consultant, in accordance with the EPA's Noise Policy for Industry and submitted to Council for consideration. This report should include but not be limited to, details verifying that the noise control measures as recommended in the acoustic report South Hurstville RSL Club – DA Acoustic Assessment prepared by Acoustic Logic and dated 26 November 2020 are effective in attenuating noise to an acceptable noise level and that the use is not calculated to give rise to ‘offensive noise’ as defined under the provision of the Protection of the Environment Operation Act 1997 (as amended).

 

65.       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.

 

66.       Activities and storage of goods outside buildings - 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.

 

67.       Food Premises – Adequate waste receptacles (Restaurants, takeaway/care) - Appropriate waste and recycling containers must be provided for waste generation rates of 0.3 to 0.6 square metres per 100 meals, plus up to 0.15 cubic metres of beverage containers per 100 meals. All waste and recycling containers shall be stored in the approved waste storage area that is large enough to store the required number of bins and must be adequately serviced by waste collection vehicles.

 

68.       Food premises – maintenance of food premises - The food premises must be maintained in accordance with the Food Act 2003 (as amended), Food Regulation 2015 (as amended); the Food Standards Code as published by Food Standards Australia & New Zealand and Australian Standard AS 4674-2004: Construction and fit out of food premises (as amended).

 

69.       Food premises – Garbage Odour - A waste contractor shall be engaged to remove all waste from the garbage storage area on a regular basis so that no overflow of rubbish will occur.  Practical measures are also to be taken to ensure that odour emission from the garbage storage area does not cause offensive odour as defined under the provision of the Protection of the Environment Operations Act, 1997 (as amended).

 

70.       Food premises – Storage waste – used cooking oil - Used oil shall be contained in a leak proof container and stored in a covered and bunded area prior to off-site disposal.  Copies of receipts for the disposal of used cooking oil shall be kept on-site and made available to Council Officers upon request.

 

71.       Outdoor Gaming/Smoking Area – Smoke Free Compliance - The subject development consent issued by Council does not imply or otherwise verify compliance with the Smoke-Free Environment Act 2000 and/or the Smoke-Free Environment Regulation 2016. The applicant and/or owner of the premises should seek their own legal advice as to compliance with Act and/or Regulation if proprietors of the premises intend allowing smoking in any area of the premises, including that area subject of this consent.

 

72.       Outdoor Gaming/Smoking Area – Amplified Music - There is to be no entertainment in the form of amplified music on any part of the outdoor gaming/smoking area at any time.

 

73.       Outdoor Gaming/Smoking Area – Amplified Gaming Machines - There is to be no amplification from any gaming machines on any part of the outdoor gaming/smoking area at any time.

 

74.       Outdoor Gaming/Smoking Area – Not Visible to Public - Machines located within the outdoor gaming/smoking area must not be visible from the public domain.

 

75.       Outdoor Gaming/Smoking Area – Air Lock Entry - There is to be air lock entry from the main club or hotel area into the outdoor gaming/smoking area and doors must be fitted with self-closing device.

 

76.       Outdoor Gaming/Smoking Area – Acoustic Ceiling - The ceiling of the outdoor gaming/smoking area above the poker machines is to be acoustically treated by the addition of acoustic tiles.

 

77.       Licensed Premises – Noise Levels (7.00am to 12midnight) - The LA10 noise level emitted from the premises, measured between the hours of 7am and 12 midnight, is not to exceed the background noise level in any octave band frequency (centred on 31.5Hz to 8 kHz inclusive) by more than 5 dB, when measured at the boundary of any adjoining residence.

 

78.       Licensed Premises – Noise Levels (12midnight to 7.00am) - The LA10 noise level emitted from the premises, measured between the hours of midnight and 7am, is not to exceed the background noise level in any octave band frequency (centred on 31.5Hz to 8 kHz inclusive), when measured at the boundary of any adjoining residence.

 

79.       Cashless Machines - Gaming machines within the outdoor gaming/smoking area are to be cashless and shall not dispense coins into coin trays.

 

80.       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.

 

81.       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.

 

Operational Requirements Under the Environmental Planning & Assessment Act 1979

 

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

 

83.       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.

 

84.       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.

 

85.       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.

 

86.       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.

 

87.       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.

 

88.       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

 

89.       Clause 98D - Erection of sign for maximum number of persons - This prescribed condition applies to entertainment venues, function centres, pubs, registered clubs and restaurants.  This condition requires the erection of a sign which states the maximum number of persons (as specified in the consent) that are permitted in the building.

 

90.       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.

 

91.       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.

 

92.       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.

 

93.       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.

 

94.       Clause 98C - Entertainment Venues - Schedule 3A of the Environmental Planning and Assessment Regulation 2000 outlines the prescribed conditions which apply to Entertainment Venues.

 

Advice

 

95.       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.

 

96.       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.

 

97.       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.

 

98.       Council Appointed as the CA - 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.

 

99.       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.

 

100.    Food Premises - Information on Australian Standards can be obtained from www.standards.com.au

 

Guidelines and Food Safety Standards may be obtained by contacting the Food Standards Australia New Zealand Authority at foodstandards.gov.au or the NSW Food Authority on 1300 552 406, email: contact@foodauthority.nsw.gov.au or by visiting the website www.foodauthority.nsw.gov.au.

 

Notification of Food Business under Section 100 of the Food Act 2003 requires the proprietor of a food business to give written notice, in the approved form, before conducting a food business. Penalties apply for failure to comply.

 

101.    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).

 

102.    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. 

 

103.    Access for persons with disabilities - Should the Council be appointed as the PCA, an Access report prepared by an Accredited Access Consultant may be required to be submitted with the Construction Certificate Application, detailing the existing level of compliance in the building with the above requirements, and to provide details of proposed upgrading work necessary to bring the building into conformity with the Premises Standards and the BCA. All recommendations of the accredited access consultant must be incorporated in the plans to be submitted with the Construction Certificate application.

 

104.    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.

 

105.    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.

 

106.    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).

 

107.    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. DA2018/0580 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 storm water 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 - 72 Connells Point Rd South Hurstville

Attachment 2

Elevations - 72 Connells Point Rd South Hurstville

 


Georges River Council - Georges River Local Planning Panel (LPP) - Friday, 6 August 2021

LPP038-21              72 Connells Point Road South Hurstville

[Appendix 1]           Site Plan - 72 Connells Point Rd South Hurstville

 

 

Page 121

 


Georges River Council - Georges River Local Planning Panel (LPP) - Friday, 6 August 2021

LPP038-21              72 Connells Point Road South Hurstville

[Appendix 2]           Elevations - 72 Connells Point Rd South Hurstville

 

 

Page 122

 


Georges River Council – Local Planning Panel   Friday, 6 August 2021

Page 175

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Friday, 06 August 2021

 

LPP Report No

LPP039-21

Development Application No

DA2021/0087

Site Address & Ward Locality

1 Pitt Street Mortdale

Mortdale Ward

Proposed Development

Alterations and additions to an existing Hotel (food and beverage premises and tourist and visitor accomodation)

Owners

Argos Investments Pty Ltd

Applicant

James Lidis

Planner/Architect

Design Collborative/ Darren Mah Design

Date Of Lodgement

22/03/2021

Submissions

None

Cost of Works

$254,630.00

Local Planning Panel Criteria

 Georges River Council Delegation to LPP

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

 Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment (REP), State Environmental Planning Policy (Infrastructure) 2007, State Environmental Planning Policy 55 – Remediation of Land, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017,

Draft Environment SEPP, Draft Remediation of Land SEPP

Hurstville Local Enviornmental Plan 2021, Hurstville Development Control Plan No 1 2012

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

 Statement of Environmental Effects, Architectural Plans, Plan of Management, Clasue 4.6 Variation Request

 

 

 

Report prepared by

Principal 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?

 

Yes  - Floor Space Ratio

Special Infrastructure Contributions

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

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, standard conditions have been attached with no design changes

 

Site Plan

 

Executive Summary

Proposal

1.           The proposal includes works to accommodate a new lift, demolition of the existing external fire stair at the first and second floors and terrace at the first floor, new external fire stair, minor internal alterations at the ground floor to provide lift access to the upper levels, internal and external alterations to the existing accommodation at the first and second floors, and upgrade external facades including new tiles and repainting.

 

Site and Locality

2.           The site is located at Lot 1 DP666631 and Lot 1 DP325107, also known as 1 Pitt Street Mortdale.

 

3.           The site is located on the corner of Pitt Street and George Street Mortdale, and is triangular in shape.

 

4.           To the east is the Eastern Suburbs Train line with Mortdale Station approximately 30m to the north of the site, and a bus interchange within 10m of the site, also to the north. The site is located within the Mortdale local centre.

 

Zoning and Permissibility

5.           The site is zoned B2 Local Centre under the Hurstville Local Environment Plan 2012. The proposed alterations and additions to an existing pub (food and drink premises) and hotel (tourist and visitor accommodation) are permissible in this zone with consent.

 

Submissions

6.           The development application was notified 31 March 2021 to 30 April 2021, no submissions were received during this period.

 

Conclusion

7.        It is recommended that the application be approved by the Georges River Local Planning Panel, subject to recommended conditions of consent.

 

Report in Full

Proposal

8.           The proposal includes internal alterations and additions to an existing hotel, and relocation of external fire stair. The specific works are as follows:

 

·   works to accommodate new lift shaft at Basement level;

·   demolition of the existing external fire stair at the First and Second floors and terrace at the First floor;

·   minor internal alterations at the Ground floor to provide lift access to the upper levels, including reconfiguration of the kitchen;

·   internal and external alterations to the existing accommodation at the First and Second floors, including new windows to match the existing, to provide nine (9) accommodation rooms per floor, each with ensuite, and a store room at each level (eighteen (18) rooms in total);

·   provision of a new lift (external above the Ground floor) and external fire stair to the southern elevation extending to the existing roof level. The proposed lift shaft is clad in grey-coloured colorbond cladding while the external stair is proposed in steel with perforated metal cladding; and

·   upgrade of the external façades including new tiles at the Ground floor and re-painting of the Ground floor, awning, upper level parapet, and First and Second floor windows and façade details. No changes are proposed to the existing face brick

 

9.           Plans indicating proposed work are included below.

 

Figure 1: Proposed basement

 

Figure 2: Proposed ground floor

 

Figure 3: Proposed first floor

 

Figure 4: Proposed second floor

 

Figure 5: Proposed roof

 

Figure 6: Section Plan

 

The Site and Locality

10.         The site is triangular in shape, and is located on the corner of George and Pitt Streets, Mortdale. The site has an area of 733.5sqm (by DP).

 

11.         Across the road to the west, the existing character is dominated by one and two storey retail and commercial development. Generally located at the second floor of the surrounding development, is either shop top housing or commercial use.

 

12.         The adjacent allotment to the south has a dual frontage to Pitt Street and George Street with a dental surgery facing Pitt Street, and a small commercial premises facing George Street. Further to the south, also with a dual frontage, is a four storey residential flat building.

 

13.         A locality plan and images of the streetscape are included below.

 

Figure 7: Aerial view of the locality, site identified in red.

 

Figure 8: Rear of the site - George Street elevation, looking north.

 

Figure 9: Pitt Street elevation, looking south (source: Statement of Environmental Effects prepared by Design Collaborative)

 

Figure 10: Corner Elevation, looking south (source: Statement of Environmental Effects prepared by Design Collaborative)

 

14.         An existing site plan is provided below.

 

Figure 11: Site Plan (roof plan existing) (source: Architectural plans prepare by Darren Mah)

 

Background

15.         DA2021/0087 was lodged on 22 March 2021.

 

16.         This application was subsequently notified for a period of 30 days between 31 March 2021 and 30 April 2021, during this time no submissions were received.

 

17.         A site visit was conducted on 7 June 2021.

 

18.         The applicant was requested to submit a revised clause 4.6 Variation to Floor Space Ratio on 6 July 2021, in order to respond to the lot area as measured by DP. The revised Clause 4.6 report was submitted on 7 July 2021.

 

PLANNING ASSESSMENT

19.         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

20.         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 (Vegetation in Non-Rural Areas) 2017

Yes

State Environmental Planning Policy No 55 - Remediation of Land

Yes

State Environmental Planning Policy – Infrastructure

Yes

Draft Environment SEPP

Yes

Draft Remediation of Land SEPP

Yes

Regional Environmental Plans

Complies

Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment (REP)

Yes

 

State Environmental Planning Policy No 55 - Remediation of Land

21.         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.

 

22.         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.

 

23.         Historically, the site has been utilised and occupied by the existing commercial use. The site is completely occupied by built structure.

 

24.         The application proposes a small amount of excavation in the basement, to accommodate the lift. A condition of consent is recommended in regards to any unexpected finds.

 

25.         The site is suitable for the proposed use.

 

State Environmental Planning Policy (Infrastructure) 2007

26.         The aim of the Infrastructure SEPP is to facilitate the effective delivery of infrastructure across the State.

 

27.         The application was referred to Sydney Trains for their concurrence. On 9 April 2021 Sydney Trains provided a formal response and did not raise any objection to the proposal.

 

28.         Sydney Trains has assessed the application against CL86(4) of the SEPP:

 

4) In deciding whether to provide concurrence, the rail authority must take into account—

(a)the potential effects of the development (whether alone or cumulatively with other development or proposed development) on—

(i) the safety or structural integrity of existing or proposed rail infrastructure facilities in the rail corridor, and

(ii) the safe and effective operation of existing or proposed rail infrastructure facilities in the rail corridor, and

(b)what measures are proposed, or could reasonably be taken, to avoid or minimise those potential effects.

 

29.         As such Sydney Trains has taken the above matters into consideration and has granted their concurrence, without condition, pursuant to their assessment of the proposal against CL86(4) of the Infrastructure SEPP.

 

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

30.         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. 

 

31.         The Vegetation SEPP applies to clearing of: 

 

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

b.   Vegetation below the BOS threshold where a proponent will require a permit from Council if that vegetation is identified in the Council’s Development Control Plan (DCP). 

 

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

 

33.         There is no existing vegetation on the Site. As such the objectives and purpose of the SEPP is not affected or hampered in any way.

 

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

Draft Environment SEPP