Ward Councillor Reports

35-37 Hampden Street, Beverly Hills (610/94)

37A-39 Hampden Street, Beverly Hills (656/94)

1-3 Phillip Street, Riverwood (14/95)

13-15 Erskine Street, Riverwood (15/95)

59 Elwin Street, Peakhurst

Development Applications - Hurstville Ward

5 Romani Avenue, Hurstville (34/95)

Development Applications - Penshurst Ward

74 Villiers Avenue, Mortdale (50/95)

1-3 Percival Street, Penshurst

24-26 Chamberlain Street, Narwee (47/95)

14 Apsley Street, Penshurst (7/95)

Development Applications - Peakhurst Ward

2-10 Peace Avenue And 80, 82 Lorraine Street, Peakhurst (652/94)

9-11 Erskine Street, Riverwood (27/95)

14-16 Cairns Street, Riverwood (11/95)

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.01 DEVELOPMENT & HEALTH

The General Manager
Hustville City Council
The Civic Centre
HURSTVILLE

Dear Sir,

Hereunder is my report No.1 to be submitted to the DEVELOPMENT, HEALTH & PLANNING Committee:-


05.01 WARD COUNCILLOR REPORTS

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.01.01 DEVELOPMENT & HEALTH

05.01.01 35-37 HAMPDEN STREET, BEVERLY HILLS (610/94)
(Report by Manager, Planning Services, Mr. M. Buckley)

Applicant : S.L. Saade
Proposal : ERECTION OF RESIDENTIAL
FLAT BUILDING AND
BASEMENT CAR PARK
Zoning : Zone No.2 - Residential
Residential Development
Control Plan 1994 : Development Area D
Owners : Ms. V. Ralph, K & D Lui
Existing Development : Two dwellings
Cost of Development : $1,295,000

Precis of Report

1. 15 x 2 bedroom and 3 x 3 bedroom units.

2. Stormwater drainage to Hampden Street.

3. One (1) objection lodged.

4. Approval recommended.

Council at its meeting held on 5th April 1995, considered the application and resolved that the matter be referred for an inspection and report by Penshurst Ward Councillors.

To reacquaint Members with the various aspects of the application, the Divisional Manager's report to the said meeting is reproduced below:

"Existing and Surrounding Development

The site currently accommodates a single storey brick and tile cottage with garages and part of a cement sheet clad/tile cottage and garages.

The land has a fall of one metre from south to north across the site towards Hampden Street.

Only one significant tree is located on the site, being a Jacaranda tree eight (8) metres high, located fronting Hampden Lane. The applicant has indicated that this proposal will retain the Jacaranda tree.

The surrounding locality is a mixture of housing styles and materials, basically of a single storey scale. The street will undergo a change of character as other development commences.

The adjoining properties 37A-39 are the subject of a report to this Council Meeting for unit development.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2 - Residential under the Hurstville Local Environmental Plan 1994 and the proposed development is a permissible use within the zoning with Council consent.

The proposal has been assessed against the provisions of the Residential Development Control Plan 1994 and the proposal is generally consistent with the objectives and provisions of the Development Control Plan.

Proposed Development

The proposal involves the demolition of the existing cottages and the erection of a three-storey, above carparking, residential flat building containing 15 x 2 bedroom units and 3 x 3 bedroom units and is similar to the proposal on the adjoining lands, Nos. 37A-39

The basement carparking shall provide for nineteen (19) resident carparking spaces and five (5) visitor carparking spaces. Each unit will have a minimum balcony area of 15m² provided.

The building has an east/west orientation and will have frontage to both Hampden Street and Melvin Lane.

Tabled Information




	Proposed	Required	Compliance
Site Area	1114.882m2	-	-
Development Area D
Building Height	12m	12m	Yes
Private Open Space	15m2	15m2	Yes
Landscaped Area	540m2	501.7m2	Yes
Building Setbacks - Front - Side/Rear	4m 3m	4.5m 0.9m	See Comment Yes
Residential Parking	19	19	Yes
Visitor Parking	5	5	Yes



Comment:

Setbacks: The proposal provides 4 metres (to balcony and 6 metres to walls) setback which would not comply with the required 4.5 metre requirement, based on the adjoining property setback. Potentially the 4.5 metre setback could be achieved by moving the building closer to Hampden Lane, however, this would require the removal of the existing Jacaranda tree and impose on the Melvin Lane residents. As the encroachment only relates to balconies and preserves existing amenities, it is recommended that the 4.0 metre setback be permitted in this instance.

Landscaping: A large Jacaranda tree is located at the rear of the site and this is proposed to be retained. This should be a condition of approval, if granted.

The original submission included enclosed 15m² balconies at ground level as landscaped area. This was not acceptable and the proposal has now been redesigned to open the balconies to be terraced areas which complies with the definition for landscaped areas and has also included balconies at upper levels with 20m² in area. This now complies with the landscaping requirements under the DCP.

Manager, Building Services (North)

The application was referred to the Manager of Building Services who raised no objections to the proposal subject to adequate storage for garbage bins and stormwater drainage disposal and structural engineer details on supporting/retaining walls.

Manager, Development Advice

The application was referred to the Manager of Development Advice who raised no objection to the proposal subject to stormwater draining to Hampden Street.

Public Notification and Comment

The proposal was advertised in the Leader and adjoining residents were notified by letter, inviting them to view the plans and submit comments on the proposal within twenty-one (21) days. One (1) objection was registered as outlined below:

Overshadowing: Contended that the development will overshadow, greatly, the property to the south (No.33 Hampden Street) and sites off Melvin Lane. It is agreed that due to the three-storey nature of the building (which is permissible in this locality) No.33 Hampden Street will be overshadowed.

The development is to be approximately 3 metres from the southern boundary whilst No.33 Hampden Street is located approximately 2 metres from this boundary. Hence, there will be a separation of 5 metres between buildings. Overshadowing of the southern property will occur and this will be significant during winter. This situation is unavoidable for localities which are identified for higher density redevelopment and would require a setback of 10 metres or greater to reduce the overshadowing. Such a setback would not be a viable alternative for these sites as individual allotments are only approximately 12 metres in width.

With regard to the overshadowing of lands off Melvin Lane, it is noted that any overshadowing would only be during early morning and is lessened as a 6 metre wide Lane exists between the sites.

Wind Tunnel Effect

It is agreed that large buildings may create wind tunnels where they are in close proximity to each other and continuous for a distance. In this instance the buildings are stand alone developments which means winds will dissipate quickly when clear of the buildings. With regard to the premises to the south of the proposed building, it is only single storey as against the proposed three storeys, which should not generate any wind tunnel effect.

Privacy/Overlooking

Concerns raised at windows/balconies along the southern and western walls of the development.

In particular, thirty-three (33) bedroom/bathroom windows and two (2) balconies are located along the southern elevation. The balconies are located off bedrooms only. The main living areas for these units face northerly, hence the windows along the southern boundary are not the major active rooms of the residences and thus the potential for overlooking is reduced. However, it is not denied that overlooking could occur. Overlooking, to a degree, is unavoidable in redevelopment areas due to the greater scale of residential development which takes place. Viable options for Council are to introduce obscure glass for bathroom or laundry windows (which is recommended) and also higher level windows (1.5 metre sill level) to minimise overlooking from the bedrooms. Higher level windows will result in greater expanse of brick wall area in the southern elevation and this would not be desirable for design reasons.

Carparking

The development proposal provides adequate carparking in accordance with the Council carparking requirement. It is argued that insufficient parking is provided, however, it is contended that due to the sites proximity to the railway station, or public transport, that the overall demand for carparking in this locality will be less. Additional carparking is provided for in the form of visitor spaces totalling five (5). It should be noted that Hampden Street accommodation is in demand for public transport commuters.

Air/Noise Pollution

Concerns by the owner of No.33 Hampden Street have been raised as to the noise and air pollution impacts which will result from the construction of the building and use of the driveway along the southern boundary. It is argued that vehicle emission fumes will escape from the basement carpark via the ramp entry/exit and that these odours will affect the amenity of the adjoining building.

It is not possible to overcome the noise issue related to the construction of the building other than to restrict the hours of work, however, it is possible that noise/air pollution relating to the ongoing use of the building can be greatly reduced by the relocation of the ramp to the basement carpark. The applicant has subsequently lodged amended plans which relocate the ramp access to the northern boundary, which will greatly reduce these concerns.

Flooding/Drainage

The objector has lodged an old photograph which depicts extensive past flooding of Hampden Street. This situation has been eased by the construction of the current stormwater drainage system and flooding, as depicted, is unlikely to eventuate in the future.

Summary

The residential flat building as proposed generally complies with Council requirements under the Residential Development Control Plan, subject to minor variations. It will be consistent with the bulk and scale of similar three-storey residential developments proposed within Hampden Street.

Approval of the development is recommended."

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: .01.01 DEVELOPMENT & HEALTH

HEADING: Recommendation 35-37 HAMPDEN STREET, BEVERLY HILLS (610/94)
(Report by Manager, Planning Services, Mr. M. Buckley)

.01.01 Recommendation 35-37 HAMPDEN STREET, BEVERLY HILLS (610/94)
(Report by Manager, Planning Services, Mr. M. Buckley)


RECOMMENDATION

THAT Council as the consent authority grant development consent for the demolition of two dwellings and the establishment of a three-storey residential building accommodating 15 x 2 bedroom and 3 x 3 bedroom units, subject to the following conditions:

1. Compliance in all respects with Amended Drawing Nos 1/2 and 2/2 Job No. 9495 prepared by T.S. Wun dated 28 February and 1 March, 1995 and submitted with DA 609/94 , except where amended by the conditions of consent.

2. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $64,203 and payable prior to the release of the approved building plans.

3. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $7,155 and payable prior to the release of the approved building plans.

4. The applicant to provide an on site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, showing computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

* For events up to a 2% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987), maximum peak site discharge resulting from the development shall not be greater than peak site discharge under existing conditions for all durations up to the time of concentration with OSD included and of the same AEP.

* Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

* The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm.

5. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993 accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

6. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

7. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

8. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners.

9. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

10. The area and/or work being the subject of the development consent, shall not be occupied or the use commence until a final inspection has been made and a Certificate of Classification has been issued by Council.

11. No burning of demolition or waste materials shall be carried out on the subject site.

12. The submission of a detailed landscape plan to the satisfaction of the Manager, Planning Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Planning Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Planning Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without Council approval.

13. The landscape plan is to provide appropriate species along the rear boundary to minimise overviewing from the subject building.

14. The developer and his agents shall take all measures to prevent damage to trees and root systems during site works and construction. The proposal shall retain the existing Jacaranda tree located adjacent to Melvin Lane.

15. All plumbing and vent pipes shall be kept within the building and not exposed to public view.

16. The provision of 24 car spaces in accordance with the submitted plans. Such spaces, manoeuvring areas, driveways and vehicular crossings are to be suitably constructed, sealed to provide a surface of concrete or bitumen, signposted, clearly linemarked, and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineer's Department at a fee set by Council.

17. All vehicle entry and exit points and one or two way circulation movements are to be clearly signposted to the satisfaction of Council.

18. All vehicles shall enter or leave the site in a forward direction at all times.

19. A minimum height between the floor surface and the lowest overhead obstruction shall be 2.1metres for all areas traversed by cars. A minimum of 3.6 metres headroom shall be provided over all areas traversed by service vehicles.

20. For one-way/two-way straight and circular ramps the minimum dimensions shall be in accordance with the Traffic Authority of N.S.W. "Policies, Guidelines and Procedures for Traffic Generating Developments" Part A - Section 3 - Design Guidelines.

21. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown. The plans shall detail the method of subsoil drainage including disposal of stormwater from the basement level to the street gutter.

22. All stormwater is to drain by gravity to the kerb and gutter in Hampden Street and the underground carpark area is to be pumped to the kerb and gutter in Hampden Street.

23. Applicant to pay Council to:

a) construct a 150mm thick concrete vehicular crossing reinforced with F72 mesh.
b) replace all existing crossings in Hampden Street with kerb and gutter and grass
c) construct a 1.52 metre wide by 80mm thick concrete path for the full width of the site in Hampden Street
d) replace all crossings in lane at rear with kerb and gutter; and
e) construct 80mm thick concrete path between rear boundary and kerb in lane for full width of the site.
Quote given on request.
OR
Construction of such vehicular crossing and ancillary works by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

24. Structural details shall be submitted with the building application detailing the proposed excavations, associated site and construction works, including method of supporting/retaining the footpath and adjoining sites during construction of the basement carpark.

25. A garbage bay area capable of storing 18 x 120 litre garbage carts must be provided within 12 metres of the road alignment. Details of the enclosure must be submitted with the building application.

26. A closet pan and wash basin must be provided in a compartment or room at ground level and accessible to employees without entering a sole-occupancy unit, must be provided.

27. In accordance with the survey plan and levels submitted by T.S. Wun, dated 26th November 1994, the proposed two storey dwelling/s shall not exceed RL 39.25 at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

28. All bathroom/toilet windows are to be of obscure glass. Details are to be submitted with the building application.

ADVISORY NOTES REGARDING THE SUBMISSION OF A BUILDING APPLICATION

1. Ventilation to the basement carpark must be carried out in accordance with clause F4.11 of the Building Code of Australia. In this regard it is preferred that a system of permanent natural ventilation be provided. Details must be submitted with the building application.

2. Hydrant/s and hose reel/s shall be provided in the building in accordance with Part E1 of the Building Code of Australia. Details to be submitted with the building application.

3. Details of the mechanical ventilation system to be installed in every internal sanitary compartment, bathroom, laundry, etc. must be submitted with the building application. Consideration must also be given to noise and fire separation between adjoining sole occupancy units.

4. The building must be provided with Smoke Hazard Management in accordance with Part E2 of the Building Code of Australia. Details to be submitted with the building application.

5. Emergency lighting and exit signs must be installed in the building in accordance with Part E4 of the Building Code of Australia. Details to be submitted with the building application.

6. Walls separating habitable rooms in one unit from wet areas in an adjoining unit must have an STC rating of 50. Details must be submitted with the building application.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.01.02 DEVELOPMENT & HEALTH

05.01.02 37A-39 HAMPDEN STREET, BEVERLY HILLS (656/94)
(Report by Manager, Planning Services, Mr. M. Buckley)

Applicant : L & S Saade
Proposal : RESIDENTIAL BUILDING AND
BASEMENT CARPARK
Zoning : Zone No.2 - Residential
Residential Development
Control Plan 1994 : Development Area D
Owners : M & J Ford, V. Ralph, K & D Lui,
K & A Chai
Existing Development : Residential cottages
Cost of Development : $1,295,000

Precis of Report

1. 15x2 bedroom and 3x3 bedroom units.

2. Stormwater drainage to Hampden Street.

3. Two (2) objections lodged.

4. Approval recommended.

Council at its meeting held on 5th April 1995, considered the application and resolved that the matter be referred for an inspection and report by the Penshurst Ward Councillors.

To reacquaint Members with the various aspects of the application, the Divisional Manager's report is reproduced below:

"Existing and Surrounding Development

The subject land accommodates three single storey cottages of cement sheet clad and tile construction with garage access off the rear via Melvin Lane. Only part of No.37 Hampden Street is subject of this development as this site comprises two elongated allotments and only one is to be utilised.

The adjoining lands to the north accommodate single storey cottages of mixed condition. The sites adjoining the northern boundary has an older style weatherboard/tile cottage and has been approved for units.. The land immediately to the south accommodates a good quality single storey brick and tile residence, however, this site, Nos. 35-37 is also the subject of a residential development application.

No substantial vegetation is located on the subject land and the street trees should be retained.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2 - Residential under the Hurstville Local Environmental Plan 1994 and the proposal is a permissible use within this zoning. The proposal has been assessed against the provisions of the Hurstville Residential Development Control Plan 1994 and has been found to be generally consistent with the objectives and provisions of the DCP.

Proposed Development

The proposal is to establish a three-storey brick and tile residential building above basement carparking. Each storey of the building shall contain 5x2 bedroom and 1x3 bedroom units, providing the site with 15x2 bedroom and 3x3 bedroom units overall.

The building is designed to comply with the DCP building envelope and landscaping provisions whilst private balconies are to be a minimum of 15m² in area.

Vehicular access is to be off Hampden Street and provision has been made for nineteen (19) resident and five (5) visitor carspaces. Adequate turning/manoeuvring areas are to be provided.

Tabled Information




	Proposed	Required	Compliance
Site Area	1114.9m2	-	-
Development Area D
Building Height	11m	12m	Yes
Private Open Space	15m2	15m2	Yes
Landscaped Area	540m	501.7m2	Yes
Building Setbacks - Front - Side/Rear	4m 3m	4.5m 0.9m	See Comment Yes
Residential Parking	19	19	Yes
Visitor Parking	5	5	Yes



Comment:

Setbacks: The proposal provides 4 metres (to balcony and 6 metres to walls) setback which would not comply with the required 4.5 metre requirement, based on the adjoining property setback. Potentially the 4.5 metre setback could be achieved by moving the building closer to Melvin Lane however, amenity-wise this would impose on the Melvin Lane residents. As the encroachment only relates to balconies and preserves existing amenities, it is recommended that the 4.0 metre setback be permitted in this instance.

Balconies/Landscaping

The original submission included enclosed 15m² balconies at ground level as landscaped area. This was not acceptable and the proposal has now been redesigned to open the balconies to be terraced areas which complies with the definition for landscaped areas and has also included balconies at upper levels with 20m² in area. This now complies with the landscaping requirements under the DCP.

Manager, Building Services (North)

This proposal was referred to the Manager of Building Services who raised no objections to the proposal subject to the submission of detailed stormwater plans, provision of an appropriate garbage storage enclosure and structural details on retaining walls proposed.

Manager, Development Advice

The proposal was referred to the Manger for Development Advice who raised no objections to the proposal subject to all roof and basement stormwater draining to the kerb and gutter in Hampden Street.

Public Notification and Comment

The proposal was advertised in the Leader and adjoining residents were notified by letter inviting them to view the plans and submit comments on the proposal within twenty-one (21) days. Two (2) objections were registered.

The issues raised by one objector generally only apply to the application for 35-37 Hampden Street, as this building adjoins the objector's land. This development is removed from the objector's land and will have minimal impact on No.33 Hampden Street. The only issues remaining of concern are those relating to noise/smell and carparking which may have a cumulative effect on the street in general.

Comment:

Noise/Air Pollution

Generally this concern is related to the construction stage of the development only in which case measures should be taken by the applicant to minimise such problems and hours of work are restricted. Upon completion of the building, noise and air pollution concerns are greatly reduced.

Carparking

The development complies with the requirements of the Council code, for developments of this nature (including five (5) visitor spaces) and considering its proximity to Beverly Hills Railway Station the carparking provided is considered to be adequate.

The second objector is the Salvation Army which has a property in Melvin Street to the north of the subject site. Concerns raised were related to privacy from rear balconies and overshadowing.

Comment : The balconies will have a view towards the rear yards of properties in Melvin Street, however, the adjoining laneway and appropriate planting will reduce overviewing. Overshadowing will occur and will be at its peak in winter. Again, the laneway adds distance and the shadoe footprint is mostly reduced to covering yards and not dwellings.

Summary

The development is generally in compliance with the provisions of the Residential DCP subject to minor variations to the original landscaped area proposal. The development is now acceptable and is a mirror reflection of the development proposed for No.35-37 Hampden Street.

Approval of the development is recommended."

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: .01.02 DEVELOPMENT & HEALTH

HEADING: Recommendation 37A-39 HAMPDEN STREET, BEVERLY HILLS (656/94)
(Report by Manager, Planning Services, Mr. M. Buckley)

.01.02 Recommendation 37A-39 HAMPDEN STREET, BEVERLY HILLS (656/94)
(Report by Manager, Planning Services, Mr. M. Buckley)


RECOMMENDATION

THAT Council as the consent authority grant development consent for the demolition of the existing cottages and the erection of a three-storey residential building accommodating 15x2 bedroom and 3x3 bedroom units, subject to the following conditions:

1. Compliance in all respects with Amended Drawing Nos. 1/2 and 2/2, tables and documentation Job No. 94106 prepared by T.S. Wun dated 26 February 1995 and submitted with DA 656/94, except where amended by the conditions of consent.

2. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $64,203 and payable prior to the release of the approved building plans.

3. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $7,155 and payable prior to the release of the approved building plans.

4. The applicant to provide an on site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, showing computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

* For events up to a 2% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987), maximum peak site discharge resulting from the development shall not be greater than peak site discharge under existing conditions for all durations up to the time of concentration with OSD included and of the same AEP.

* Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

* The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm.

5. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993 accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

6. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

7. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

8. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners.

9. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

10. The area and/or work being the subject of the development consent, shall not be occupied or the use commence until a final inspection has been made and a Certificate of Classification has been issued by Council.

11. No burning of demolition or waste materials shall be carried out on the subject site.

12. The submission of a detailed landscape plan to the satisfaction of the Manager, Planning Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Planning Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Planning Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without Council approval.

13. The landscape plan is to provide appropriate species along the rear boundary to minimise overviewing from the subject site.

14. The developer and his agents shall take all measures to prevent damage to street trees and root systems during site works and construction.

15. Registration of the proposed plan of subdivision shall be made with the Land Titles Office prior to the release of the approved Building Plans.

16. All plumbing and vent pipes shall be kept within the building and not exposed to public view.

17. The provision of 24 car spaces in accordance with the submitted plans. Such spaces, manoeuvring areas, driveways and vehicular crossings are to be suitably constructed, sealed to provide a surface of concrete or bitumen, signposted, clearly linemarked, and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineer's Department at a fee set by Council.

18. All vehicle entry and exit points and one or two way circulation movements are to be clearly signposted to the satisfaction of Council.

19. All vehicles shall enter or leave the site in a forward direction at all times.

20. A minimum height between the floor surface and the lowest overhead obstruction shall be 2.1 metres for all areas traversed by cars. A minimum of 3.6 metres headroom shall be provided over all areas traversed by service vehicles.

21. For one-way/two-way straight and circular ramps the minimum dimensions shall be in accordance with the Traffic Authority of N.S.W. "Policies, Guidelines and Procedures for Traffic Generating Developments" Part A - Section 3 - Design Guidelines.

22. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown. The plans shall detail the method of subsoil drainage including disposal of stormwater from the basement level to the street gutter.

23. Structural details being submitted with the building application detailing the proposed excavations, associated site and construction works including the method of supporting/retaining any adjoining land and footpath/road during construction of the basement carpark.

24. A garbage bay area capable of storing 18 x 210 litre garbage carts must be provided at the front of the building and must be accessible to Council's garbage contractor. Details of the enclosure to be submitted with the building application.

25. A closet pan and wash basin in a compartment or room at ground level and accessible to employees without entering a sole occupancy must be provided.

26. In accordance with the survey plan and levels submitted by T.S. Wun, dated 26th February 1995 the proposed two storey dwelling/s shall not exceed RL 38.56 at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

27. Applicant to pay Council to :

a) construct a new 1.52 metre wide by 80mm thick concrete path in Hampden Street for the full width of the site.

b) construct an 80mm thick concrete path between kerb and rear boundary in lane at the rear for the full width of the site,

c) construct a 150mm thick concrete crossing reinforced with F72 mesh, in Hampden Street,

d) replace all laybacks in lane at rear with kerb and gutter.

Quotes given on request.
OR
Construction of such vehicular crossing by the applicant subject to:

a) This work being carried out in accordance with Council's conditions and specifications.

b) Payment of Council's administration fee.


28. All stormwater is to drain by gravity to the kerb and gutter in Hampden Street and the underground carpark area is to be pumped to the kerb and gutter in Hampden Street.

29. All bathroom/toilet windows are to be of obscure glass. Details are to be submitted with the building application.

ADVISORY NOTES REGARDING THE SUBMISSION OF A BUILDING APPLICATION

1. Ventilation to the basement carpark must be carried out in accordance with the Building Code of Australia. In this regard it is preferred that a system incorporating permanent natural ventilation be provided. Details of the system must be submitted to Council with the building application.

2. Hydrants and hose reel/s shall be provided in the building in accordance with Part E1 of the Building Code of Australia. Details to be submitted with the building application.

3. Details of the mechanical ventilation system required to be installed in every internal sanitary compartment, bathroom, laundry, etc. must be submitted with the building application. Consideration must also be given to noise and fire separation between adjoining sole occupancy units.

4. The building must be provided with Smoke Hazard Management in accordance with Part E2 of the Building Code of Australia to be submitted with the building application.

5. Walls dividing wet areas in one sole occupancy unit from habitable rooms in adjoining units must have an STC rating of 50 to comply with part F5 of the Building Code of Australia.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.01.03 DEVELOPMENT & HEALTH

05.01.03 1-3 PHILLIP STREET, RIVERWOOD (14/95)
(Report by Manager, Planning Services, Mr. M. Buckley)

Applicant : Tanshell Pty. Ltd.
Proposal : RESIDENTIAL FLAT BUILDING
Zoning : Zone No.2 - Residential
Residential Development
Control Plan 1994 : Development Area D
Owners : Department of Housing, Messrs.
Kalogiros & Joannou
Existing Development : Two single storey residences
Cost of Development : $1,300,000

Precis of Report

1. 16 x 2 bedroom units.

2. Stormwater to rear lane.

3. Three (3) objections received.

4. Approval recommended.

Council at its Meeting held on 5th April 1995, considered the application and resolved that the matter be referred for an inspection and report by Peakhurst Ward Councillors.

To reacquaint Members with the various aspects of the application the Divisional Manager's report to the said Meeting is reproduced below:

"Existing and Surrounding Development

The site currently accommodates two brick and tile cottages which are proposed to be demolished. The land has dual frontage to Phillip Street and a lane at the rear. The site has a number of small trees centrally located and one large tree adjacent to the boundary fronting the lane. The majority of these trees, including the large tree, will be removed as part of this development.

The land has a fall of approximately one metre across the site east-west, from Phillip Street to the lane at the rear.

The adjoining lands are predominantly of similar brick and tile single storey residences to the subject land. The locality is a relatively low key residential area with housing of no particular architectural features.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2 - Residential under the Hurstville Local Environmental Control Plan 1994 and the development generally complies with the objectives and standards of the Development Control Plan.

Proposed Development

Proposal is to demolish the existing brick/tile residences and to erect in their place a three and (part) four storey brick and tile residential building.

This building shall accommodate 16 x 2 bedroom units and a basement carpark for twenty (20) car spaces. The units will be distributed basically over three levels with a fourth level providing for bedrooms only for units located on the third storey.

The development provides for over 55% of the site as landscaped area.

The building shall achieve a maximum height of 12 m and stormwater drainage shall be to the rear of the allotment to the kerb and guttering in the lane.

Tabled Information




	Proposed	Required	Compliance
Site Area	1291m2	-	-
Development Area D
Building Height	12m	12m	Yes
Private Open Space	13m2	15m2	No
Landscaped Area	721m2	581m2	Yes
Building Setbacks - Front - Side/Rear	4.5/9.5m 3.5m	6.75m 0.9m	See Comment Yes
Residential Parking	16	16	Yes
Visitor Parking	4	4	Yes


Comment:

Private Open Space

The proposal provides a number of units with balconies less than 15m² in area. This non-compliance is relatively minor and can be rectified by a condition of development consent requiring balconies to comply with minimum area.

Setbacks

The proposal provides a setback of only 4.5m for 50% of the structure. Based on the building alignment of No.5 Phillip Street, the setback would normally be calculated at 6.7m as this reflects the dwelling setback located to the south. However, the dwelling (although fronting Coleridge Street) to the north (No. 21 Coleridge) encroaches on the 4.5m setback both with the residence and rear carport. The proposal provides a median setback for the building between the two adjoining properties. The DCP does not set down specific guidelines for setbacks for developments between properties with variable setbacks, hence, the median setback proposed is considered acceptable in this instance. The 4.5m setback is a standard setback representative of developments of this nature throughout Council under the DCP.

Manager, Building Services (South)

The Manager of Building Services raised no objections subject to the basement carpark being vented and providing additional exit stairs in accordance with the Building Code of Australia requirements.

Manager, Development Advice

The Manager for Development Advice raised no objections to the proposal subject to suitable stormwater drainage to the kerb and gutter in Phillip Street or the rear lane.

Public Notification and Comment

Adjoining residents were notified by letter and invited to view and submit comments on the proposal within twenty-one (21) days. Three (3) objections were registered, their concerns are outlined below:

Overshadowing: Objections were raised by a resident to the south regarding overshadowing. The diagrams provided with the application indicate that these properties will be overshadowed to a degree during winter. However, the extent of overshadowing is limited to the yard area only and this relates to approximately 60-70% of the yard. The residences and, in particular the sunrooms at the rear, will not be overshadowed.

The nature of 3-4 storey residential buildings is that shadows will affect southern properties. Further, the area including these southern allotments, has been identified as an area for Residential Redevelopment. The extent and impact of the overshadowing in this particular instance is considered to be acceptable, as it allows part of the rear yard and particularly the sunrooms, to be free of overshadowing.

Privacy: The building is orientated in an east/west direction along a deep allotment in order to achieve a northern orientation for the units. This results in the building fronting the adjoining allotments. Hence, living areas and balconies may allow overviewing of adjoining properties.

It is noted that only one adjoining property owner (there are six (6) adjoining properties) has objected to the development. It is agreed that overlooking of the adjoining properties could occur, however, due to the redevelopment of this locality it is an unavoidable potential impact to some degree. The area has been identified for redevelopment of this nature.

Options to minimise the potential for overlooking are to treat windows with obscure glass and to screen balconies. This option is not considered suitable for this development as it may adversely affect the amenity of the potential residents.

An alternative is to provide high level vegetation as a screen. It is recommended in this instance and that a vegetation screen of 8m high trees be required along the southern boundary. An 8m limit is imposed as it will restrict overlooking but should not increase overshadowing concerns.

Local Amenity: Concerns raised with the likely character change to the street should the development be approved. The locality is identified for redevelopment for unit style housing and therefore a street character change will occur.

Traffic Generation The application proposes the main vehicular access to be off the rear lane. This lane provides a service link for the Belmore Road businesses backing onto the lane. It is considered that due to the limited scale of business in Belmore Road and the off-peak traffic movement of residents in the units, that traffic congestion in the lane should be limited.

Each unit is provided with one carpark space and the development has four (4) visitor spaces available. In addition to this on-site carparking area, there is also space available at the kerb for possibly two (2) more spaces.

The development complies with Council's requirements under the DCP and it is believed that the development is acceptable in this instance.

In Summary

The development generally complies with Council's Residential Development Control Plan, apart from two minor inconsistencies as discussed, and is recommended for conditional approval to comply with the DCP and to provide privacy screening to properties to the south."

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: .01.03 DEVELOPMENT & HEALTH

HEADING: Recommendation 1-3 PHILLIP STREET, RIVERWOOD (14/95)
(Report by Manager, Planning Services, Mr. M. Buckley)

.01.03 Recommendation 1-3 PHILLIP STREET, RIVERWOOD (14/95)
(Report by Manager, Planning Services, Mr. M. Buckley)


RECOMMENDATION

THAT Council as the consent authority grant development consent for the establishment of a 16x2 bedroom, three and four storey residential building on No.1-3 Phillip Street, Riverwood subject to the following conditions:

1. Compliance in all respects with Drawing No 9501-01 to 9501-06, tables and documentation, prepared by Downie, O'Donnell & Associates dated January 1995 and submitted with DA 14/95, except where amended by the conditions of consent.

2. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $51,700 and payable prior to the release of the approved building plans.

3. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $5,760 and payable prior to the release of the approved building plans.

4. Payment to Council of a contribution pursuant to Section 94 (1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for the provision of drainage services.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on drainage services.

The contribution rate for Georges River catchment is $1.77 per square metre of gross land area of the subject site. The amount is $2,285 and payable prior to the release of the approved building plans.

5. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993 accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

6. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown.

7. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

8. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

9. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners.

10. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

11. The area and/or work being the subject of the development consent, shall not be occupied or the use commence until a final inspection has been made and a Certificate of Classification has been issued by Council.

12. No burning of demolition or waste materials shall be carried out on the subject site.

13. Compliance with the requirements of Sydney Electricity in relation to the provision of a site within the subject land for the establishment of an electricity kiosk type substation, if required for the locality. Prior to submission of building plans, the developer shall present details of the development in writing to Sydney Electricity and obtain confirmation of that authority's requirements. The kiosk site shall be dedicated at the applicant's expense for use of Sydney Electricity.

14. The submission of a detailed landscape plan to the satisfaction of the Manager, Planning Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Planning Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Planning Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without Council approval.

15. The landscaping plan submitted to Council shall include the provision of fast growing semi-mature trees to a maximum height of 8 metres along the southern boundary to provide for privacy of adjoining properties.

16. The provision of twenty (20) car spaces in accordance with the submitted plans. Such spaces, manoeuvring areas, driveways and vehicular crossings are to be suitably constructed, sealed to provide a surface of concrete or bitumen, signposted, clearly linemarked, and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineer's Department at a fee set by Council.

17. All entry and exit points and one or two way circulation movements are to be clearly signposted to the satisfaction of Council.

18. All vehicles shall enter or leave the site in a forward direction at all times.

19. A minimum height between the floor surface and the lowest overhead obstruction shall be 2.1 metres for all areas traversed by cars. A minimum of 3.6 metres headroom shall be provided over all areas traversed by service vehicles.

20. For one-way/two-way straight and circular ramps the minimum dimensions shall be in accordance with the Traffic Authority of N.S.W. "Policies, Guidelines and Procedures for Traffic Generating Developments" Part A - Section 3 - Design Guidelines.

21. Balconies proposed are to be a minimum of 15m² in area and have a width of 3 metres. Details are to be submitted with the building application.

22. All stormwater to drain by gravity to the kerb and gutter in Phillip Street or to the land at the rear and the underground garage to be "pump out".

23. Applicant to pay Council to:

a) Replace unwanted crossings with kerb and gutter and to grass the footpath
b) Construct a 80mm thick by 1.52m wide concrete path in Phillip Street for the full width of the site;
c) Replace any unwanted laybacks in lane at rear with kerb and guttering; and
d) Construct 80mm thick concrete path between kerb and guttering and rear boundary fence in lane for full width of the site. Quote given on request.
OR
Construction of such works by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

24. Provision being made for an additional exit from the carpark in accordance with Part D and the carpark being suitably ventilated in accordance with Part F4, of the Building Code of Australia.

25. In accordance with the survey plan and levels submitted by Downie O'Donnell & Associates ,the proposed flat buildings shall not exceed 12 metres at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point. Details of finished roof rodge RL's are to be submitted with the building application

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.01.04 DEVELOPMENT & HEALTH

05.01.04 13-15 ERSKINE STREET, RIVERWOOD (15/95)
(Report by Town Planner, Mr. C. King)

Applicant : Huntington & MacGillivray
Proposal : 16 X 2 BEDROOM UNIT BUILDING
Zoning : Zone No.2 - Residential
Residential Development
Control Plan 1994 : Development Area D
Owners : Goodfellow & Pecic
Existing Development : Two residences
Cost of Development : $1,200,000

Precis of Report:

1. Demolition of two dwellings.

2. Erection of three storey building with 16x2 bedroom units.

3. Stormwater drainage to Littleton Street.

4. Eleven (11) letters and two (2) petitions of objection received.

5. Approval recommended.


Council at its Meeting held on 5 April, 1995, considered the application and resolved that the matter be referred for an inspection and report by the Peakhurst Ward Councillors.

To reacquaint Members with the various aspects of the application, the Divisional Manager's report is reproduced below :


Existing and Surrounding Development

The subject land currently accommodates two single-storey brick and tile cottages of reasonable condition. The land slopes from the southern boundary to the northern boundary adjoining Littleton Street.

The adjoining premises are a mixture of single storey brick and tile or cement sheet clad residences of reasonable standard.

The land is located in close proximity to various other land uses associated with Riverwood shopping centre including a church, RSL Club and shops. The land immediately south of the site, being 9-11 Erskine Street, is currently the subject of a similar development proposal now with Council.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2 - Residential under the Hurstville Local Environmental Plan 1994 and the proposed use is permissible.

The proposal has been assessed against the provisions of the Residential Development Control Plan 1994 and is generally in compliance with the provisions of the DCPs.

Proposed Development

The proposal is to demolish the existing residences and to establish a three storey, with attic, brick and tile residential building. This building shall contain 16x2 bedroom units with two of the units at the third storey level being townhouse style with bedrooms located in the roofspace as an attic.

A basement carpark area is to be provided which shall accommodate sixteen (16) garages, four (4) visitor spaces, a garbage area and a power meter room. Access to the carpark shall be off Littleton Street, some 32 metres west of the intersection with Erskine Street.

The proposed building shall comply with the building envelope applicable to the Development Area D.

Tabled Information




	Proposed	Required	Compliance
Site Area	1091.5m2	-	-
Development Area D
Building Height	12m	12m	Yes
Private Open Space	15-20m2	15m2	Yes
Landscaped Area	512m2	491.2m2	Yes
Building Setbacks - Front - Side/Rear	3.5-4.5m 3.0-4.0m	3.5m 1.0m	Yes Yes
Residential Parking	16	16	Yes
Visitor Parking	4	4	Yes



Manager, Building Services (South)

This matter was referred to the Manager for Building Services who advised that no objection was raised subject to the building and basement carpark complying with the requirements of the Building Code of Australia.

Manager, Development Advice

This matter was referred to the Manager for Development Advice who raised no objections to the proposal subject to all stormwater draining to kerb and gutter in Littleton Street.

Public Notification and Comment

Adjoining residents were notified by letter and invited to view and submit comments on the proposal within twenty-one (21) days. Eleven (11) letters and two (2) petitions (54 signatories and 74 signatories) in objection were registered, their concerns are outlined below.

Loss of Privacy: The objection is a general statement objecting to any high-rise development taking place in the locality. The building has been designed so that, where possible, living areas of the units will face onto either Littleton or Erskine Streets. The building elevations which face adjoining lands are predominantly accommodating bedrooms, bathrooms and some kitchens only.

The nature of the development, being three storeys in height, would suggest that some overlooking of adjoining lands may occur. The design is such as to reduce this likelihood and it is noted that in an area which is undergoing change, certain privacy intrusion may result.

Overshadowing: It is noted that the adjoining landowners have not objected. As the development is to be a three storey building it is acknowledged that overshadowing will occur. It should be noted that Nos. 29 Littleton Street, 9 and 11 Erskine Street are the subject of a development application currently being assessed.

The adjoining site to the west, No.29 Littleton Street, will be overshadowed during morning periods whilst the property to the south, No.11 Erskine Street, will be overshadowed during late morning to afternoons. The western property will adequately achieve four (4) hours of sunshine daily, however, the southern property is unlikely to achieve four (4) hours. Due to its location, directly south, overshadowing cannot be avoided.

The locality is zoned to permit this scale of development and it can only be reasonably expected that some overshadowing is unavoidable.

Noise: Noise associated with such developments is predominantly during construction stage. The units remain residences and are generally low noise generators. To a degree, more noise may be generated by individual houses where storage sheds/garages can be more easily utilised as workshops.

Specific noise control conditions will be imposed as conditions of consent for the construction stage of the development.

Traffic/Carparking: The requirement for carparking provision is set down within the Residential Development Control Plan and the proposal complies with this requirement. On-site provision has been made for four (4) visitor carparking spaces.
Traffic in the immediate street system will increase, however, such increase will be minimal and would not impact on the existing system.

Lower Property Values: It is contended that the new development will lower property values. This is definitely not true of lands within "D" Area. It remains unclear what value impact a flat development adjacent to a lower density area (such as "B" Area) may have, however, no justification has been put forward by the objectors to substantiate a value loss.

Sewer Services: It is contended that existing sewer services will be inadequate. Council's Building Services Manager has advised that sewer servicing will be adequate. This was confirmed by the Water Board during consultation of the draft code.

Safety Concerns: Reference was made to the use of the Riverwood Legion Club carpark by persons in the evening and that this could happen with the residential basements. This situation is unlikely to occur in a residential basement carpark as it is in constant use and is private property. In comparison, the Club carpark is a public thoroughfare and is generally used only during operational hours.

Summary

The development is an initial three storey with attic, residential building in this locality and has provided a reasonable concept for a double frontage allotment.

The concept is in general compliance with the provisions of the Residential Development Control Plan. Conditional approval of the development is recommended.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: .01.04 DEVELOPMENT & HEALTH

HEADING: Recommendation 13-15 ERSKINE STREET, RIVERWOOD (15/95)
(Report by Town Planner, Mr. C. King)

.01.04 Recommendation 13-15 ERSKINE STREET, RIVERWOOD (15/95)
(Report by Town Planner, Mr. C. King)


RECOMMENDATION

THAT Council as the consent authority grant development consent for the demolition of the existing residences and the establishment of a residential building containing 16x2 bedroom residences on No.13-15 Erskine Street, Riverwood, being allotments 1 and 2 in DP19726, subject to the following conditions:

1. Compliance in all respects with Drawing No.3112, tables and documentation, prepared by Huntington & MacGillivray dated 13th January 1995 and submitted with DA 15/95, except where amended by the conditions of consent.

2. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $51,700 and payable prior to the release of the approved building plans.

3. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $5,760 and payable prior to the release of the approved building plans.

4. The applicant to provide an on site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, showing computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

* For events up to a 2% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987), maximum peak site discharge resulting from the development shall not be greater than peak site discharge under existing conditions for all durations up to the time of concentration with OSD included and of the same AEP.

* Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

* The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm.

5. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993 accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

6. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown.

7. All stormwater and ground water is to drain by gravity to the kerb and gutter in Littleton Street and underground parking to "pump" to the kerb and gutter in Littleton Street.

8. Applicant to pay Council to -
a) Replace all existing crossings with kerb and guttering and to grass footpath area.
b) Construct a 150mm thick crossing in Littleton Street, reinforced with F72 mesh;
c) Construct an 80mm thick by 1.52m wide unreinforced concrete path in Erskine Street for the full width of site. Quote given on request.
OR
Construction of such works by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

9. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

10. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

11. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners.

12. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

13. The area and/or work being the subject of the development consent, shall not be occupied or the use commence until a final inspection has been made and a Certificate of Classification has been issued by Council.

14. No burning of demolition or waste materials shall be carried out on the subject site.

15. Permanent power poles are to be either painted or stained with a suitable colour to the satisfaction of Council, prior to the issue of Certificate of Classification.

16. Compliance with the requirements of Sydney Electricity in relation to the provision of a site within the subject land for the establishment of an electricity kiosk type substation, if required for the locality. Prior to submission of building plans, the developer shall present details of the development in writing to Sydney Electricity and obtain confirmation of that authority's requirements. The kiosk site shall be dedicated at the applicant's expense for use of Sydney Electricity.

17. The submission of a detailed landscape plan to the satisfaction of the Manager, Planning Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Planning Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Planning Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without Council approval.

18. The provision on site of twenty (20) car spaces in accordance with plans submitted with D.A. 15/95.

19. All vehicle entry and exit points and one or two way circulation movements are to be clearly signposted to the satisfaction of Council.

20. All vehicles shall enter or leave the site in a forward direction at all times.

21. All car spaces shall have minimum dimensions of 2.5m X 5.5m, except for disabled spaces which shall have minimum dimensions of 3.0m X 5.5m.

22. All garages shall have clearance of 2.7m between door jambs.

23. A minimum height between the floor surface and the lowest overhead obstruction shall be 2.1 metres for all areas traversed by cars. A minimum of 3.6 metres headroom shall be provided over all areas traversed by service vehicles.

24. For one-way/two-way straight and circular ramps the minimum dimensions shall be in accordance with the Traffic Authority of N.S.W. "Policies, Guidelines and Procedures for Traffic Generating Developments" Part A - Section 3 - Design Guidelines.

25. In accordance with the survey plan and levels submitted by Huntington & MacGillivray, dated 13th January 1995, the proposed two storey dwelling/s shall not exceed RL 42.3 at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

ADVISORY NOTES REGARDING THE SUBMISSION OF A BUILDING APPLICATION

1. Exit from basement carpark is to comply with Part D of the Building Code of Australia.

2. The internal access stair at the top floor units is to comply with Part D of the Building Code of Australia.

3. Walls between units to comply with Part F5 of the Building Code of Australia.

4. Spandrel separation to comply with Part C2 of the Building Code of Australia.

5. Carpark to be ventilated in accordance with the Building Code of Australia.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.01.05 DEVELOPMENT & HEALTH

05.01.05 59 ELWIN STREET, PEAKHURST
(Report by Town Planner, Ms. T. Christy)

Applicant : Mr. Tony Piccioni
Proposal : FIVE (5) TOWNHOUSES
(AMENDED PLANS)
Zoning : Zone No.2 - Residential
Residential Development
Control Plan 1994 : Development Area C
Owners : Piccioni Bros. (Investments) Pty Ltd.
Existing Development : Vacant
Cost of Development : $856,185

Precis of Report:

1. Amended plans for 4x4 bedroom and 1x2 bedroom Townhouses.

2. Complies with Council's Residential Development Control Plan 1994 except for minor encroachment to front setback due to architectural feature.

3. Four (4) objections and one (1) petition were received.

4. Recommendation - approval subject to conditions.


Council at its Meeting held on 5 April, 1995, considered the application and resolved that the matter be referred for an inspection and report by the Peakhurst Ward Councillors.

To reacquaint Members with the various aspects of the application, the Divisional Manager's report is reproduced below :

Existing and Surrounding Development

The property is located towards the end of a cul-de-sac in Elwin Street and runs east-west, with Council's Reserve and Salt Pan Creek to the west (at the rear of the site) and residential properties to the north and south.

The remains of a cottage and shed are located at the rear of the site, with a chicken coop located midway on the site. A concrete driveway runs along part of the northern boundary.

The site has an incline, approximately 3.0 metres from the road to the top of a rock ledge. It is then relatively flat for the first 30.0 metres until it reaches another bank and drops approximately 1.3 metres, gradually falling to the rear of the site. The southern adjoining property No. 61 is a two storey brick dwelling with its first floor approximately level with the front portion of the subject site. It should be noted that no windows appear in the northern elevations of No. 61.

The southern battleaxe allotment, No. 61A, is occupied by two structures. The main dwelling is single storey and has three (3) windows in its northern wall with its ground level approximately 400mm higher than the subject site.

The single storey brick dwelling adjoining the northern boundary (No. 57A) maintains the same slope as the subject property, but is marginally higher. Their rear yard is partially occupied by an above-ground pool.



The rear battleaxe property, No. 57A, adjoining the northern boundary is single storey with its ground level marginally higher than the subject site.

History

Numerous discussions have been held between Council officers and the applicant in order to maintain a development that takes into account adjoining residents' concerns and Council's requirements under the RDCP. Following discussion of the original proposal, the dwellings have been relocated closer to the northern boundary, the roof ridges have been reduced between 450mm and 550mm and the dwellings have been reduced in width. These changes have resulted in the shadows being reduced on the southern boundary, the improved location of the rear courtyards for the proposed dwellings and the driveway being relocated to the southern boundary.

The driveway has maintained a curved effect from the kerb and gutter to ensure the gum trees near the southern boundary are maintained. It also curves along the site to reduce the long straight effect, also providing sufficient landscaping and adequate manoeuvrability and turning areas into and out of the garages.

Discussions were held regarding off-setting units 4 and 5 so they were at an angle to the street. The applicant was willing to do this however, after working with a number of concepts he believed that the private open space for those dwellings would have been compromised and also the design would have lost the common cabana and barbecue area. The applicant therefore decided to remain with the second amended option.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2 - Residential and the proposal has been assessed against the provisions of Council's Residential Development Control Plan 1994. The site is located in Development Area C.

Proposed Development

The amended proposal is for the erection of 4x4 bedroom townhouses and 1x2 bedroom townhouse. Access is via a common driveway along the southern boundary, however, due to the rock ledge and three large gum trees located on Council's street reserve, the driveway sweeps northwards and meets Elwin Street kerb and gutter closer to the northern boundary.

The private courtyard for each dwelling is located on the northern side of the site to achieve maximum solar aspect. Also, a common BBQ and cabana area is located at the rear of the site adjacent to Council's Salt Pan Creek Reserve.

The five (5) dwellings step down the slope to the rear boundary, thus reducing the overall bulk and height of the proposal.

This amended application varies from the original one that was submitted by relocating the driveway from the northern boundary to the southern boundary. This resulted in the proposed townhouses being located 7.1m from the southern boundary (where previously they were 4m), thus reducing the overshadowing onto the southern adjoining properties. The overall height of each townhouse has been slightly reduced as well, to also improve the effects of overshadowing.

Tabled Information




	Proposed	Required	Compliance
Site Area	1503m2	-	-
Development Area C
Building Height	8.5m	9.5m	Yes
Private Open Space	375.5m2	240m2	Yes
Landscaped Area	752.6m2	751.5m2(50%)	Yes
Building Setbacks - Front - Side/Rear	3.7m/5m-5.5m 4m/6.3m	4.9m -	Yes (see comment) Yes
Residential Parking	9	9	Yes
Visitor Parking	2	2	Yes



Comment:

Front Building Setback The proposed ground floor verandah of the front dwelling will be set back 3.7m from the front boundary at the closest point, however, the main wall of the building and second floor varies from a 5m to 5.5m setback.

The dwelling to the north is set back 6.5m therefore requiring a minimum setback of 4.9m for the subject site; which the main bulk of the dwelling complies with. Due to the 3m high rock ledge located at the front of the site, it is believed that an encroachment of 1.2m for a ground floor verandah will have minimal impact on the adjoining residents or the streetscape of Elwin Street.

Manager, Building Services (South)

The proposal was referred to the appropriate building surveyor who raised no objections to the proposal subject to a building application being submitted and stormwater drainage plans prepared by a hydraulics engineer being submitted with the building application.

Manager, Development Advice

No objections to the proposal were raised from the Manager, Development Advice provided all stormwater drains by gravity to the Georges River also that the applicant comply with Council's standard conditions for crossings.

Public Notification and Comment

Adjoining residents were notified by letter and invited to view and submit comments on the proposal within twenty-one (21) days. Four (4) objections and one (1) petition (with 41 signatures) were registered, their concerns are outlined below:

Please Note: Adjoining residents were also notified by letter of the amended plans and given seven (7) days to view them and submit comments. One (1) submission was registered for the amended plans from the resident of No. 61A who had lodged a submission initially.

1. An excess number of motor vehicles will result in traffic congestion, parking problems, loss of vision in the narrow street and danger to children.

Comment: The proposal complies with the RDCP in that two (2) visitor spaces have been located on site, each four bedroom dwelling has a double garage and the proposed two bedroom dwelling has one (1) single garage. (Adjoining residents have claimed that already existing dwellings in the street have problems of parking in the narrow street due to the number of cars per dwelling, and having to reverse the full length of battle-axe allotments). The proposal provides adequate parking and turning areas, therefore all movements will be in a forward motion and it is believed that the proposal will not exacerbate an existing problem.

2. Overshadowing to the properties to the south.

Comment: Due to the concerns of overshadowing the applicant was asked to interpolate the shadow diagrams. Following is a copy of this explanation.

"The shadow lines at the respective time periods at Winter and Summer are those that would be cast upon the ground of the adjoining property by the uninterrupted path of the shadow line in question. The length to height ratio of the winter shadow line is 3:1 (for every metre in height a 3.0 m length of shadow is cast upon the ground).

The location of the adjoining property and outbuilding to the east of this dwelling, No. 61A, would in fact obstruct the length of shadow the development would cast. The position of the adjoining dwelling, No. 61A, would create a barrier and as such the shadows cast would be upon the wall. Under the current circumstances the height of the 9.00 a.m. shadow upon the wall would be approximately 2.5 metres above natural ground level. In comparison the shadow cast by the fence would be approximately 1.4 metres above ground level. In relation to the shadow lines cast, the existing dwelling, No. 61A, has an eaves line of approximately 2.9 metres at the high end (north-eastern corner) and approximately 3.3 metres at the low end (north-western corner). This relates to a shadow line cast upon the northern wall of the adjoining property, varying between 400mm (at the high end) to 800mm (at the low end) below the existing eaves line. The fence shadow line in comparison would be 1.5 metres (high end) and 1.9 metres (low end) below the eaves line.

The morning shadow (9.00 am) does not cast any shadow upon the roof of the adjoining property and is well below the level of the existing eaves.

Similarly, the afternoon shadow (3.00 pm) is in effect marginally less severe by approximately 150mm in height (lower in this instance).

The summer shadow lines do not effect the adjoining dwelling whatsoever for both 9.00 am and 3.00 pm time periods.

In conclusion, the proposed development has very little impact on the adjoining southern properties, and those shadows as cast, are representative of unobstructed, full length casting on existing ground level. A marginal increase in shadowing would be present at both 9.00 am and 3.00 pm and the length and impact towards noon time period would be even less, to not affected by noon.

The development as proposed does not encroach upon the property for any loss whatsoever to possible future inclusions of solar heating installations, as all shadows cast are below the level of the eaves line."

The properties affected lie directly south and No.61 Elwin Street is lower than the subject site, so any form of development (whether single or two-storey) will have an impact on No. 61. Also, the shadows cast from the existing trees on the reserve must be taken into account.

3. Loss of Privacy to adjoining residents.

Comment: The dwellings are located 4m from the northern boundary and 7.1m from the southern boundary

Northern Boundary : The land to the north is at a similar level to the subject site so any potential over-viewing will only be from the first floor which consists of bedrooms and bathrooms. The exception to this is Unit 3 which proposes to have dining room and kitchen on the first floor facing north, with an external staircase to the rear courtyard. The dwelling has been designed this way to accommodate the rock ledge and limit the amount of excavation.

To reduce the effect on the neighbours, a 1.8m high fence will be located along the northern boundary and a further 600mm high lattice screen will be provided on top of that.

Southern Boundary : The proposed dwellings to the south are located 7.1m from the common boundary with a driveway and 1.8m high fence. Due to the difference in height of the land levels, any development (whether single storey or two storey), would overview both Nos. 61 and 61A Elwin Street. With the relocation of the driveway to the southern boundary the impact is considerably reduced.

4. The proposal will lose the unique quiet and peaceful character of the area and will set a precedent for similar development in Elwin Street. Villas would be better !

Comment: The proposal is located in Development Area C under Council's RDCP which permits townhouse development.

5. The location of the garbage bins.

Comment: In the amended plans, the garbage bin storage area was relocated to the front of the site, (approx. in the middle of the front boundary), alongside the driveway. This has moved it completely away from adjoining residences and should alleviate any concerns re. smells and noise, etc.

Summary

The proposal is for five (5) townhouses which are permitted within Development Area C. They have been designed to step down the site, taking advantage of the natural lie of the land and the Salt Pan Creek to the rear of the site. The applicant has amended the design to try to overcome problems of overshadowing, driveway manoeuvrability and privacy for adjoining residents.

However, the fact that the site runs east-west and the change in ground level it does make it difficult to have no impact on the southern adjoining properties particularly Nos. 61 and 61A Elwin Street. Taking these factors into account, approval is recommended, subject to conditions.

After discussions with the applicant since the Council Meeting dated 5 April, 1995, the applicant has suggested that he is prepared to reduce the four bedroom units to three bedroom units if Council insists.

Also the void space in Unit No. 3 "shall not be used for any habitable purpose whatsoever....and.....we are happy for this to be approved subject to that being a condition of approval for further tenants to be aware of."

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: .01.05 DEVELOPMENT & HEALTH

HEADING: Recommendation 59 ELWIN STREET, PEAKHURST
(Report by Town Planner, Ms. T. Christy)

.01.05 Recommendation 59 ELWIN STREET, PEAKHURST
(Report by Town Planner, Ms. T. Christy)


RECOMMENDATION

THAT Council as the consent authority grant development consent to the establishment of five (5) townhouses at No.59 Elwin Street, Peakhurst, subject to the following:

1. Compliance in all respects with amended Drawing Nos. A1B, A2B and A4B, tables and documentation prepared by Steve's Design and Plan Service received 24 March 1995 and submitted with DA 610/94, except where amended by the conditions of consent.

2. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993 accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

3. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $17,800 and payable prior to the release of the approved building plans.

4. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $1,985 and payable prior to the release of the approved building plans.

5. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown. All stormwater to drain by gravity to the Georges River.

6. In accordance with the survey plan and levels submitted by Steve's Design & Plan Service ,the proposed two storey dwelling/s shall not exceed RLs 21.03 (Dwelling 1), 20.43 (Dwelling 2), 18.29 (Dwelling 3), 17.93 (Dwelling 4), 17.33 (Dwelling 5) at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

7. The vehicular driveway and visitor car parking spaces shall be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.

8. No burning of demolition or waste materials shall be carried out on the subject site.

9. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

10. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

11. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

12. The area and/or work being the subject of the development consent, shall not be occupied or the use commence until a final inspection has been made and a Certificate of Classification has been issued by Council.

13. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners. The entire fence along the northern boundary is to provide an additional 600mm high lattice screening above the fence. Details are to be submitted with the building application.

14. Each proposed single garage shall have a minimum clear door jamb width of 2.7 metres. Details shall be submitted with the building application.

15. Applicant to pay Council to

a) replace the existing crossing with a 150mm thick concrete vehicular crossing reinforced with F72 mesh.
b) construct a 1.52m wide by 80mm thick concrete path for the full width of the site, adjacent to kerb.
c) clean up the embankment to Elwin Street and plant suitable shrubs to Council's approval.
Quote given on request.
OR
Construction of such vehicular crossing and ancillary works by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

16. Visitor spaces to be identified on strata plan and spaces to be suitably signposted on site using metal screw-on or rivet-on type signs.

17. The submission of a detailed landscape plan to the satisfaction of the Manager, Planning Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Planning Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Planning Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without Council approval.

18. The developer and his agents shall take all measures to prevent damage to trees and root systems during site works and construction.

19. A retaining edge of masonry or other approved barrier of a minimum height of 150 mm shall be erected around the landscaped areas to contain the soil and mulch material and to prevent the encroachment of motor vehicles.

20. That all three (3) Council street trees (eucalypts) be retained.

21. That at least three (3) extra Eucalyptus scoparia be planted on the site. Details and location to be shown on the landscaping plan provided with the building application.

22. That the new driveway is constructed no closer than 4 metres from the existing Council trees and that all roots are to be pruned at no closer than 4 metres from the tree to the satisfaction of the Tree Preservation Officer. After root pruning, a length of root barrier is to be installed to the specifications of Council's Tree Preservation Officer.

23. Any trade waste containers are to be screened from public view and are not to obstruct or interfere with the use of loading and parking facilities and accessways. Such bins are to be stored within 12 metres from the front boundary.

24. Permanent power poles are to be either painted or stained with a suitable colour to the satisfaction of Council, prior to the issue of Certificate of Classification.

25. All plumbing and vent pipes shall be kept within the building and not exposed to public view.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.02 DEVELOPMENT & HEALTH

05.02 DEVELOPMENT APPLICATIONS - HURSTVILLE WARD

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.02.01 DEVELOPMENT & HEALTH

05.02.01 5 ROMANI AVENUE, HURSTVILLE (34/95)
(Report by Town Planner, Mr. C. King)

Applicant : Construx Pty Ltd
Proposal : 6 X 3 BEDROOM TOWNHOUSES
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area C
Owners : J. & A. Kalavritnos
Existing Development : Residence
Cost of Development : $480,000

PRECIS OF REPORT

1. Proposal of 6 x 3 bedroom townhouses.

2. Stormwater by gravity and pump to Romani Avenue.

3. No objections were received.

4. Recommendation - approval.



Existing and Surrounding Development

The land is located on the southern side of Romani Avenue with a north-south orientation. The land has a fall of 3.8 metres from south to north at a constant slope to Romani Avenue. Erected on site is a single storey brick cottage and a small brick building to the rear. The site contains a variety of trees, including a Palms Pine and Jacaranda, which are proposed to be removed.

The locality is predominantly one of single storey cottages of a variety of designs and building materials. Diagonally opposite the site is a public reserve.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2 - Residential under Hurstville Local Environmental Plan 1994 and the proposed development is a permissible use within the zone. The proposal has been assessed against the provisions of Council's Residential Development Control Plan and the development is generally in accordance with those provisions as discussed further in this report.

Proposed Development

Demolition of the existing residence will be required as part of the development.

The proposal consists of an attached dwelling development consisting of six (6) dwellings, three in each of two buildings, and a basement carpark providing for 14 parking spaces. Each townhouse is of brick and tile construction and provides three bedroom accommodation. Each townhouse is proposed to have ground level courtyards and the townhouses will have centralised access to the basement carpark.

The design of the complex reflects the DCP objectives for the "C" Area in that the buildings are two storey and the development designed in the form of two large buildings each containing three dwellings.

Tabled Information



	Proposed	Required	Compliance
Site Area	895.8 m2	-	-
Development Area C
Building Height	9.0 m	9.5 m	Yes (See Comment)
Private Open Space	48.5-60.9 m2	50.0 m2	See Comment
Landscaped Area	464.0 m2	447.9 m2	Yes
Building Setbacks - Front - Side/Rear	5.5 m 1.6 m	4.5 - 6.75 m 0.9 m	See Comment Yes
Residential Parking	12	12	Yes
Visitor Parking	2	2	Yes


Comment : The proposal has provided a roof pitch of 35^o to each dwelling. This is in the code requirement, however, no roof space is utilised, therefore it is recommended that the roof pitch be reduced to 30^o. This would reduce the height, bulk and to some degree overshadowing.

Private Open Space - The courtyards for Units 3-6 are all marginal in courtyard areas, being less than 2 square metres short of the 50 square metre area required. This deficiency is marginal and is certainly an area that can be achieved through minor redesign of the building. It is recommended that should this development be approved by Council that a condition be imposed which requires minimum courtyard areas of 50 square metres.

It is noted that Units 1 and 2 achieve the 50 square metre courtyard requirement, and with regard to Unit 1 this area is all within the streetfront setback. It should be formally required as a condition of any consent that the front fence be set back 1.0 metre from the boundary and the fence be no higher than 1.5 metres.

Front Setback - It is noted that the proposal provides a 5.5 metre setback to the streetfront and the DCP requires setbacks to be no greater than 25% forward of adjoining property setbacks. In this instance the adjoining property setbacks are 9.0 metres and 6.0 metres which would require a 6.75 metre or 4.5 metre setback respectively. The applicant has proposed a 5.5 metre setback which equates to approximately a mean setback for these two requirements. This proposed setback is considered acceptable in this particular application.

Manager, Building Services (North)

The proposal was referred to the Manager, Building Services who raised no objection to the proposal subject to standard building conditions.

Manager, Development Advice

The proposal was referred to the Manager, Development Advice who raised no objections to the development subject to standard conditions and stormwater draining by gravity or pumped from the basement carpark to Romani Avenue. Further that provision be made to create a 1.0 metre wide drainage easement in favour of No. 14 Queens Road.

Public Notification and Comment

Adjoining residents were notified by letter and given twenty-one (21) days in which to view the plans and submit any comments on the proposal. No submissions were registered.

Summary

The proposal is generally in accordance with the objectives of the Hurstville LEP 1994 and the provisions of the Residential DCP, apart from the issues addressed elsewhere in this report. The design of the development is consistent with the principles for development in the "C" Area and provides an attractive facade to Romani Avenue.

Approval of the development is recommended.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 05.02.01 DEVELOPMENT & HEALTH

HEADING: Recommendation 5 ROMANI AVENUE, HURSTVILLE (34/95)
(Report by Town Planner, Mr. C. King)

05.02.01 Recommendation 5 ROMANI AVENUE, HURSTVILLE (34/95)
(Report by Town Planner, Mr. C. King)


RECOMMENDATION

THAT Council as the consent authority grant development consent to the establishment of 6 x 3 bedroom townhouses over basement carparking on No. 5 Romani Avenue, Hurstville, subject to the following conditions :

1. Compliance in all respects with Amended Drawing No 9503-DA01-3 tables and documentation prepared by Construx Pty. Ltd., dated February, and amendments dated 28 March, 1995 and submitted with DA 34/95, except where amended by the conditions of consent.

2. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $18,222 and payable prior to the release of the approved building plans.

3. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $2,030 and payable prior to the release of the approved building plans.

4. The applicant to provide an on site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, showing computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

* For events up to a 2% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987), maximum peak site discharge resulting from the development shall not be greater than peak site discharge under existing conditions for all durations up to the time of concentration with OSD included and of the same AEP.

* Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

* The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 200mm.

5. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993 accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

6. A 1m wide easement to drain water is to be created over the subject site to benefit the lands adjoining the eastern boundary known as 14 Queens Road to allow their stormwater to be drained to the kerb and gutter in Romani Avenue. The easement is to be registered with any plan of subdivision prior to issue of a Certificate of Compliance. Where the easement is located under a proposed garage the developer is to pipe that portion of the easement to the satisfaction of Council.

7. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

8. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown.

9. All stormwater to drain by gravity and the underground garage area to be pumped to the kerb and gutter in Romani Avenue.

10. Applicant to pay Council to

a) construct a new 150mm thick concrete vehicular crossing reinforced with F72 mesh,
b) replace the old footpath in Romani Avenue with an 80mm thick by 1.52 metre wide concrete path for the full width of the site.
Quote given on request.
OR
Construction of such vehicular crossing by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

11. The vehicular driveway and visitor car parking spaces shall be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.

12. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

13. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

14. The area and/or work being the subject of the development consent, shall not be occupied or the use commence until a final inspection has been made and a Certificate of Classification has been issued by Council.

15. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners.

16. For one-way/two-way straight and circular ramps the minimum dimensions shall be in accordance with the Traffic Authority of N.S.W. "Policies, Guidelines and Procedures for Traffic Generating Developments" Part A - Section 3 - Design Guidelines.

17. The maximum change of grade of 6.7% (i.e., 1 in 15) for ramps shall be provided, with a minimum transition length of 4 metres.

18. All visitor car spaces shall have minimum dimensions of 2.5m X 5.5m. Garages will have an internal width of 2.5m and 5.5m in length.

19. Each proposed single garage shall have a minimum clear door jamb width of 2.7 metres. Details shall be submitted with the building application.

20. Visitor spaces to be identified on strata plan and spaces to be suitably signposted on site using metal screw-on or rivet-on type signs.

21. A minimum height between the floor surface and the lowest overhead obstruction shall be 2.1 metres for all areas traversed by cars. A minimum of 3.6 metres headroom shall be provided over all areas traversed by service vehicles.

22. The submission of a detailed landscape plan to the satisfaction of the Manager, Planning Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Planning Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Planning Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without Council approval.

23. The developer and his agents shall take all measures to prevent damage to trees and root systems during site works and construction.

24. No burning of demolition or waste materials shall be carried out on the subject site.

25. All plumbing and vent pipes shall be kept within the building and not exposed to public view.

26. Any trade waste containers are to be screened from public view and are not to obstruct or interfere with the use of loading and parking facilities and accessways. Such bins are to be stored within 12 metres from the front boundary.

27. Permanent power poles are to be either painted or stained with a suitable colour to the satisfaction of Council, prior to the issue of Certificate of Classification.

28. All private courtyards provided for individual townhouses shall provide a 50 square metre area in accordance with the provisions of the Residential Development Control Plan. Details are to be submitted with the building application.

29. A streetfront fence to a height of 1.5 metres shall be provided 1.0 metre within the northern boundary and will be constructed in matching brickwork. Details are to be submitted with the building application.

30. In accordance with the survey plan and levels submitted by Construx Pty. Ltd., the proposed two storey dwelling/s shall not exceed the amended RL at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point. The amended roof pitch of each dwelling is to be 30^o and the new RL is to be submitted with the building application for approval.

ADVISORY NOTES REGARDING THE SUBMISSION OF A BUILDING APPLICATION.

A) Openings in external walls, adjoining side boundaries shall be protected in accordance with C3.4 of the Building Code of Australia.

B) The underside of the top floor ceiling shall have a resistance to the incipient spread of fire to the space above itself of not less than 60 minutes.

C) Exit doors at foyers shall swing in the direction of egress.

D) Fire hydrant installation shall be in accordance with Part E1 of the Building Code of Australia.

E) Fire hose reel/s shall be installed in the basement level carpark in accordance with Part E1 of the Building Code of Australia.

F) Smoke hazard management shall comply with Part E2 of the Building Code of Australia.

G) Emergency lighting shall be installed in accordance with Part E4 of the Building Code of Australia to garage level parking and to common stairways.

H) Noise transmission and insulation shall comply with Parts F5.4 and F5.5 of the Building Code of Australia. Details of the abovementioned shall be submitted with and included on the building plans.

I) Ventilation must be provided to the carpark and garbage bay area, to comply with Part F4.11 of the Building Code of Australia. In this regard, Council would prefer the installation of natural ventilation of these areas.

NOTE : The building must be designed as a Class 2 and 7 building with the rise in storey to be determined in accordance with C1.2 of the Building Code of Australia.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.03 DEVELOPMENT & HEALTH

05.03 DEVELOPMENT APPLICATIONS - PENSHURST WARD

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.03.01 DEVELOPMENT & HEALTH

05.03.01 74 VILLIERS AVENUE, MORTDALE (50/95)
(Report by Town Planner, Miss I. Yap)

Applicant : Mrs. D. Stewart
Proposal : DETACHED DUAL DWELLING
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area B
Owners : Mrs. D. Stewart
Existing Development : Single Cottage
Cost of Development : $100,000


PRECIS OF REPORT

1. Erection of single storey three bedroom residence.

2. Stormwater to drain by gravity to either kerb and gutter or Council's stormwater pipeline.

3. One (1) objection received.

4. Recommendation - approval.


The applicant seeks favourable consideration for the second dwelling at No. 74 Villiers Avenue, Mortdale. The proposal is a low-rise development which complies with Council's DCP requirements. Approval is recommended.

Existing and Surrounding Development

The subject site has frontage to Villiers Avenue and backs onto Milsop Place. At present there exists a single storey "Fibro" and tile cottage that is located at the front of the site. The site is only sparesely vegetated and has a fall of 3.0 metres from north-east (rear) to south-west of the site. An existing driveway is located along the western boundary and this is proposed to be utilised as part of the new proposal.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2 - Residential under the Hurstvilel Local Environmental Plan 1994 and the dual dwelling is permissible within the zoning. The proposal has been assessed against the provisions of Council's Residential Development Control Plan and the proposal is in accordance with the provisions of the DCP.

Proposed Development

The proposal is for the erection of a one storey dwelling at the rear of 74 Villiers Avenue, fronting Milsop Place. At the closest point the double garage of the proposed dwelling is setback 6.0 metres from Milsop Place, while the main building setback is at 11.5 metres. Access will be from Milsop Place and the private courtyard area is to be located at the rear of the dwelling. The existing cottage will continue to face Villiers Avenue and maintain vehicular access from that street.

On the eastern middle portion of the site where the proposed private courtyard will be situated exists a farly large tree to be retained. Amended plans have allowed a 3.0 metre clearance from the tree trunk to the walls of the building.

Public Notification and Comment

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. One (1) submission was registered and their concerns are outlined below :

1. That no trees in the adjoining properties will be removed, damaged or destroyed.

Comment : The builder/developer must ensure that during any stage of demolition or construction, no damage is caused to any adjoining dwellings.

2. If any trees in the objector's yard are required to be lopped or trimmed then the builder should bear the costs.

Comment : The trees are within private property and should they be lopped or trimmed the applicant is responsible for the work and associated cost.

3. That adjoining owners be informed on any further changes made to the proposed development.

Comment : It is Council's policy to inform adjoining land owners of any major changes to the submitted proposal before Council gives consideration to this application.

4. Objection to anything over this height.

Comment : The building proposed is only single storey.

Tabled Information



	Proposed	Required	Compliance
Site Area	648.0 m2	-	-
Development Area B
Building Height	5.5 m	9.5 m	Yes
Private Open Space	74.5 m2	60.0 m2	Yes
Landscaped Area	324.1 m2	324.0 m2 (50%)	Yes
Building Setbacks - Front - Side/Rear	4.5m 0.9-3.0 m	4.5 m 0.9 m	Yes Yes
Residential Parking	4	4	Yes


Summary

The development complies with Council's Residential Development Control Plan in all aspects. Approval of the development is recommended.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 05.03.01 DEVELOPMENT & HEALTH

HEADING: Recommendation 74 VILLIERS AVENUE, MORTDALE (50/95)
(Report by Town Planner, Miss I. Yap)

05.03.01 Recommendation 74 VILLIERS AVENUE, MORTDALE (50/95)
(Report by Town Planner, Miss I. Yap)


RECOMMENDATION

THAT Council as the consent authority grant development consent to the establishment of a detached dual dwelling at No. 74 Villiers Avenue, Mortdale, subject to the following conditions :

1. Compliance in all respects with Drawings tables and documentation prepared by Rob Wever dated January, 1995 and submitted with DA 50/95, except where amended by the conditions of consent.

2. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993 accompanied by detailed building plans, specifications, and the payment of relevant building application fees.
3. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $4,662 and payable prior to the release of the approved building plans.

4. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $520 and payable prior to the release of the approved building plans.

5. Payment to Council of a contribution pursuant to Section 94 (1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for the provision of drainage services.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on drainage services.

The contribution rate for Georges River catchment is $1.77 per square metre of gross land area of the subject site. The amount is $1,147 and payable prior to the release of the approved building plans.

6. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown.

7. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

8. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

9. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners.

10. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

11. No burning of demolition or waste materials shall be carried out on the subject site.

12. The submission of a detailed landscape plan to the satisfaction of the Manager, Planning Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Planning Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Planning Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without Council approval.

13. The vehicular driveway and car parking spaces for each dwelling are to be constructed to Council's specifications in an approved manner. Footpath and crossing levels are to be obtained from the Engineers Department at a fee set by Council.

14. No approval is expressed or implied to the subdivision of the subject land or dwelling/s. For any future Torrens/Strata subdivision, a separate Development Application is required to be submitted to and approved by Council.

15. Payment to Council for an additional garbage service on occupation of the new dwelling. For relief from the second garbage service the landowner shall signify, in writing, that one service is sufficient for the approved dual dwelling developments on the site and that there is no intention to seek approval for a subdivision of the lands by way of a strata subdivision or the like.

16. In accordance with the survey plan and levels submitted by Rob Wever, the proposed two storey dwelling/s shall not exceed RL 46.6 at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

17. All stormwater to drain by gravity to either the kerb and gutter in Villiers Avenue, or to Council's 600mm diameter concrete stormwater pipeline which cuts diagonally across the lot.

18. Applicant to extinguish the unused Council "Drainage Easement" which cuts diagonally across this lot, when subdivision plans are submitted to Council for approval.

19. Applicant to dedicate and register as "Road Widening" a strip of land adjacent to Milsop Place, measuring 1.52 metres wide by the width of the lot. The dedication is to be finalised prior to the issue of a Building Certificate.

20. Applicant to pay $13,768 to Council as a contribution towards road construction, drainage and property acquisition costs, in Milsop Place, prior to the release of the approved building plans.

21. Pay Council to :

a) replace existing layback with kerb and gutter in Milsop Place
b) construct a 100 mm thick unreinforced concrete vehicular crossing for the new dwelling in Milsop Place.

22. The developer and his agents shall take all measures to prevent damage to trees and root systems during site works and construction.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.03.02 DEVELOPMENT & HEALTH

05.03.02 1-3 PERCIVAL STREET, PENSHURST
(Report by Town Planner, Mr. C. King)

Applicant : Oceanview Group Pty. Ltd.
Proposal : THREE STOREY, BRICK AND
TILE RESIDENTIAL BUILDING
Zoning : Zone No.2 - Residential
Residential Development
Control Plan 1994 : Development Area D
Owners : C. & M. Scully
Existing Development : Vacant
Cost of Development : $1,400,000

Precis of Report:

1. 16 x 2 bedroom units.

2. Stormwater drainage to Percival Street.

3. One (1) petition and nine (9) objections received.

4. Approval recommended.

Existing and Surrounding Development

The site currently comprises two vacant allotments which have a fall of 1.2 metres from the south to the north diagonally across the allotment to the Percival Street frontage. The site is sparsely vegetated but does have mature Willow and Camphor Laurel trees and a Scribbly Gum and Eucalypt. Only the Camphor Laurel tree is proposed to be removed as part of this development.

The land to the east currently accommodates a three storey brick and tile residential flat building set back some 11.5 metres from the street, whilst to the west is a weatherboard cottage 5.8 metres from the street. The remainder of the locality is a mixture of single storey residences.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2 - Residential under the Hurstville Local Environmental Plan 1994 and is a permissible use within the zoning. The proposal has been assessed against the provisions of Council's Residential Development Control Plan and is generally consistent with the provisions of the DCP.

Proposed Development

The proposal is to establish a four storey residential building above a basement carpark on the subject land.

This building shall contain 16 x 2 bedroom units and a basement carpark of sixteen (16) resident spaces and four (4) visitor spaces. The building's major orientation is to the street.

The building generally complies with Council's Residential Development Control Plan apart from some justifiable matters of non-compliance discussed in this report.

Tabled Information




	Proposed	Required	Compliance
Site Area	936.6m2	-	-
Development Area D
Building Height	12m	12m	Yes
Private Open Space	15m2	15m2	Yes
Landscaped Area	453.4m2	421.5m2	Yes
Building Setbacks - Front - Side/Rear	6m 3m	9m 0.9m	See Comment Yes
Residential Parking	16	16	Yes
Visitor Parking	4	4	Yes


Comment:

Building Setback: The existing housing within this locality has housing setbacks, ranging from 6 metres on the western property to over 11 metres on the eastern property. The DCP recommends an average setback based on the adjoining housing setbacks, which, in this instance, would require a setback of 9 metres. This would appear to be unnecessarily restrictive in this instance and the applicant has proposed a setback of 6 metres only, in line with the setback of the western property. In this instance it is considered that a 6 metre setback is reasonable and a practical solution.

Building Envelope: The proposal does not comply with the Building Envelope Controls of the DCP. This non-compliance, however, is only minor as it only relates to the roof area of the separate fire-isolated stairwell which serves each level. To relocate the stairwell would require a significant design alteration to the development. The protrusion does not result in any overlooking concerns and has only a minor effect on overshadowing. The non-compliance is considered to be acceptable in this particular development.

Manager, Building Services (North)

This matter was referred to the Manager for Building Services who raised no objections to the proposal subject to standard conditions.

Manager, Development Advice

The matter was referred to the Manager of Development Advice who raised no objections to the proposal subject to reinstatement of the Council footpath, and the drainage of stormwater to Percival Street.

Public Notification and Comment

Adjoining residents were notified by letter and given twenty-one (21) days in which to view the plans and submit any comments on the proposal. Nine (9) letters and one (1) petition (41 signatories) were registered and their concerns are outlined below :

Traffic/Carparking: The proposal provides twenty (20) carparking spaces on-site which complies with the requirements of the Residential DCP. Additionally, further on-street carparking will become available as crossings are removed.

It is noted that traffic volumes will increase in the locality, however, the road capacity in this locality is sufficient to cater for this increase. Further, the locality was identified as a "D" area due to its proximity to public transport, which logically should reduce the need for carparking and traffic.

Privacy: Objections have been raised with regard to overlooking of adjoining properties by the proposed development. It is agreed that the four storey nature of the development may result in overlooking of adjoining lands. To a degree, this is unavoidable and to be expected as part of the "D" area.

Concerns are raised at the necessity for a number of individual balconies per unit and whether a single large balcony is sufficient per unit. In this instance it is agreed that balconies off the bedrooms could be deleted and the balconies off living rooms increased to a minimum of 15m² in area. This would reduce the opportunity for overlooking adjoining lands. It is also to be recommended that mature trees be provided in front of the central balconies to reduce opportunities for overlooking. These two changes may be imposed as conditions of consent.

Overshadowing: It is agreed that the adjoining properties to the north-west and south (rear) of the site will be overshadowed during the winter months. However, the extent of this overshadowing as illustrated in the shadow diagrams is acceptable within a "D" area. The property to the north-east fronting Percival Street, shall only be overshadowed in the rear during mornings following which overshadowing from this development would not occur. The property to the south does not appear to be overshadowed during the mornings. However, the rear yard would be severely affected during winter afternoons.

It must be noted also, that the locality is a "D" area under the DCP and that this scale of development is envisaged for this area. Hence, some overshadowing is to be expected, whereas in this particular case, the sites which will be affected will achieve acceptable levels of sunshine through morning or afternoons.

Bulk/Scale: The proposed development complies generally with the provisions of Council's Residential DCP, particularly with regard to Envelope Control and Landscaped area. Hence, it is a development which would be argued is compatible with the objectives of "D" area and therefore is an acceptable scale of development.

When regard is taken of the existing built form in the locality, it may be argued that a three-storey building is out of character, however, it must also be accepted that a built form character change is envisaged for this "D" area.

The design of the building has incorporated various elements which soften a long facade adjacent to the boundary, such as a protruding stairwell. Such features serve to add character to the building as well as reduce its physical presence.

Zoning of Land: Various objections have been raised by residents seeking an alteration to the "D" classification.

This objection is not an issue relating to this particular development application but rather is a matter of Planning Policy which will be dealt with in broader terms by Council.

In Summary

The proposal, subject to minor amendments, is generally in accordance with the provisions of the Hurstville LEP 1994 and the Residential DCP.

Approval of the development is recommended.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 05.03.02 DEVELOPMENT & HEALTH

HEADING: Recommendation 1-3 PERCIVAL STREET, PENSHURST
(Report by Town Planner, Mr. C. King)

05.03.02 Recommendation 1-3 PERCIVAL STREET, PENSHURST
(Report by Town Planner, Mr. C. King)


RECOMMENDATION

THAT Council as the consent authority grant development consent to the establishment of a four-storey residential building on No.1-3 Percival Street, Penshurst, subject to the following conditions:

1. Compliance in all respects with Amended Drawing No 0130.1-4 tables and documentation prepared by Oceanview Group Pty. Ltd. dated January 1995 and submitted with DA21/95 , except where amended by the conditions of consent.

2. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $51,700 and payable prior to the release of the approved building plans.

3. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $5,760 and payable prior to the release of the approved building plans.

4. The applicant to provide an on site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, showing computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

* For events up to a 2% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987), maximum peak site discharge resulting from the development shall not be greater than peak site discharge under existing conditions for all durations up to the time of concentration with OSD included and of the same AEP.

* Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

* The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm.

5. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown.

6. Applicant to pay Council to
a) replace old unwanted crossings with kerb and gutter;
b) construct a 150mm thick concrete vehicular crossing reinforced with F72 mesh.
Quote given on request.
OR
Construction of such vehicular crossing and ancillary works by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

7. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993 accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

8. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

9. The vehicular driveway and visitor car parking spaces shall be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.

10. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

11. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

12. The area and/or work being the subject of the development consent, shall not be occupied or the use commence until a final inspection has been made and a Certificate of Classification has been issued by Council.

13. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners.

14. The maximum change of grade of 6.7% (i.e., 1 in 15) for ramps shall be provided, with a minimum transition length of 4 metres.

15. All entry and exit points and one or two way circulation movements are to be clearly signposted to the satisfaction of Council.

16. Each proposed single garage shall have a minimum clear door jamb width of 2.7 metres. Details shall be submitted with the building application.

17. Visitor spaces to be identified on strata plan and spaces to be suitably signposted on site using metal screw-on or rivet-on type signs.

18. A minimum height between the floor surface and the lowest overhead obstruction shall be 21 metres for all areas traversed by cars. A minimum of 3.6 metres headroom shall be provided over all areas traversed by service vehicles.

19. Engineers details shall be submitted with the Building Application. Details shall include sharing of soil adjoining side boundary alignments.

20. All stormwater to drain by gravity to the kerb and gutter in Percival Street and the underground garage area is to be "pumped" to the same kerb and gutter.

21. The submission of a detailed landscape plan to the satisfaction of the Manager, Planning Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Planning Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Planning Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without Council approval.

Additionally, the developer shall provide mature age tree planting along boundaries opposite balconies to reduce the likelihood of overlooking of adjoining properties.

22. The developer and his agents shall take all measures to prevent damage to trees and root systems during site works and construction.

23. Where a sub-station kiosk is required, such shall be suitably located and screened, and details of screening and location shall be submitted with the landscape plans and shall be to the satisfaction of Council.

24. Compliance with the requirements of Sydney Electricity in relation to the provision of a site within the subject land for the establishment of an electricity kiosk type substation, if required for the locality. Prior to submission of building plans, the developer shall present details of the development in writing to Sydney Electricity and obtain confirmation of that authority's requirements. The kiosk site shall be dedicated at the applicant's expense for use of Sydney Electricity.

25. No burning of demolition or waste materials shall be carried out on the subject site.

26. All plumbing and vent pipes shall be kept within the building and not exposed to public view.

27. Any trade waste containers are to be screened from public view and are not to obstruct or interfere with the use of loading and parking facilities and accessways. Such bins are to be stored within 12 metres from the front boundary.

28. Permanent power poles are to be either painted or stained with a suitable colour to the satisfaction of Council, prior to the issue of Certificate of Classification.

29. In accordance with the survey plan and levels submitted by Oceanview Group Pty. Ltd., the proposed two storey dwelling/s shall not exceed RL 32.26 at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

30. All proposed balconies off bedrooms are to be deleted and the remaining living room balconies should provide minimum areas of 15m² in accordance with the Residential Development Control Plan. Details are to be submitted with the building application.

31. All visitor car spaces are to be a minimum of 2.5m in width and 5.5m in length.



ADVISORY NOTES REGARDING THE SUBMISSION OF A BUILDING APPLICATION

A. Vertical separation of openings in external walls shall comply with Part C2.6 of the Building Code of Australia. Details shall be submitted with the Building Application.

B. Window openings with 6m of a path of travel from a fire isolated exit and the street shall be protected in accordance with D1-7(c). Details to be submitted with the Building Application.

C. Fire hose reels must be installed in accordance with E1.4 of the Building Code of Australia. Details shall be submitted with the Building Application.

D. Automatic Fire Detection and Alarm Systems and Smoke Hazard Management System shall be installed in accordance with parts E1.7 and E2 of the Building Code of Australia. Details to be submitted with the Building Application.

E. A separate WC and wash basin shall be provided at ground floor level in accordance with Table F2.1 of the Building Code of Australia.

F. Ventilation of the basement level carpark shall be provided in accordance with the Building Code of Australia and details shall be included in the Building Application.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.03.03 DEVELOPMENT & HEALTH

05.03.03 24-26 CHAMBERLAIN STREET, NARWEE (47/95)
(Report by Manager, Planning Services, Mr. M. Buckley)

Applicant : C. Muscat & K. Lam
Proposal : THREE TOWNHOUSES AND
SIX VILLAS
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area B
Owners : C. Muscat & K. Lam
Existing Development : Two Dwellings
Cost of Development : $900,000

PRECIS OF REPORT

1. 3 x 3 bedroom townhouses and 6 x 3 bedroom villa homes.

2. Stormwater drainage to Mercury Street via drainage easement.

3. Three (3) objections and one petition.

4. Recommendation - "Deferred Commencement" approval.


Existing and Surrounding Development

The site currently accommodates two single storey residences, one being a "fibro" cottage, the other being a weatherboard/tile residence with associated buildings. The buildings are in reasonable condition. The site is only sparsely vegetated and has a slope from south/north from the street to the rear of the allotment. A fall of land of 3.0 metres exists across the site.

The locality is a mixture of older style housing of various condition and materials and basically single storey in nature. Directly opposite the site is Narwee High School which is situated on a full urban block.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2 - Residential under the Hurstville Local Environmental Plan 1994 and the proposal is a permissible use within the zoning with Council consent. The proposal has been assessed against the provisions of Council's Residential Development Control Plan and is generally in accordance with the provisions of this DCP.

Proposed Development

The proposal is to demolish the existing buildings on the land and to erect in their stead a townhouse/villa complex with underground carparking.

Three (3) x 3 bedroom two storey townhouses are proposed to front Chamberlain Street with six (6) x 3 bedroom, single storey (with attic areas) villas at the rear. Basement carparking is proposed for fourteen (14) spaces, three of which will be visitors carparking.

Courtyards are generally designed with a northern orientation, apart from Unit 1, in order to achieve good sunlight access.

Tabled Information



	Proposed	Required	Compliance
Site Area	1579.9 m2	-	-
Development Area B
Building Height	9.0 m	9.5 m	Yes
Private Open Space	60.3 m2	60.0 m2	Yes
Landscaped Area	901.0 m2	789.6 m2	Yes
Building Setbacks - Front - Side/Rear	4.5 m 3.0 m	3.75 m 0.9 m	Yes Yes
Residential Parking	11	11	Yes
Visitor Parking	3	3	Yes


Comment : Two Storey Alignment - The site is located within a "B" Area under the DCP and two storey dwellings are only permitted at the streetfront.

The DCP requires that a rear alignment for the two storey townhouse portion of any development would be determined by calculating the "mean" rear building alignment of adjoining properties. In this instance the alignment has been calculated to be 19.0 metres, whereas the proposal for two storeys has a rear alignment of 19.9 metres. This non-compliance is as a result of providing a greater streetfront setback and also the need to set back Unit 2 to provide vehicular access to the basement carpark. Units 1 and 3 comply with the rear alignment and the non-compliance only relates to Unit 2. No public objections have been received on the bulk or scale of the development. The rear alignment of 19.9 metres is considered acceptable in this instance as it relates to particular design constraints for this allotment.

Manager, Building Services (North)

This matter was referred to the Manager, Building Services who raised no objections to the proposal subject to standard building conditions.

Manager, Development Advice

This matter was referred to the Manager, Development Advice who raised no objections to the proposal subject to standard conditions and stormwater drainage being piped to Mercury Street.

It is noted that the applicant has reached agreement with the Department of Housing, owners of No. 80 Mercury street, to provide an easement over their land for stormwater drainage. This agreement is subject to approval being granted by Council for the development and to satisfactory arrangement being reached on compensation for the Department of Housing. Hence, any development approval granted by Council should be on a deferred basis under the provisions of Section 91AA of the Environmental Planning and Assessment Act, 1979,until this agreement to grant an easement is formalised.

Public Notification and Comment

Adjoining residents were notified by letter and given twenty-one (21) days in which to view the plans and submit any comments on the proposal. Three (3) submissions were registered together with one (1) petition and their concerns are outlined below :

No objections were raised to bulk, scale, design of the development. All objections were in relation to likely increased traffic congestion in this locality on the basis that the "locality" includes the 690 student "Narwee High School".

i) The issue of traffic control measures being implemented in Chamberlain Street has recently been considered by the Local Traffic Committee of Council.

Regarding the traffic generation of the proposed townhouse and villa complex, this is expected to be minimal and will basically be catered for within the development. Each unit is provided with a separate garage with three (3) additional spaces provided for use by visitors.

Summary

The development is a low scale townhouse/villa complex which is generally in accordance with the provisions of Hurstville LEP and the Residential DCP. The villas at the rear have been provided with large side boundary setbacks to reduce impacts on adjoining properties.

Deferred Commencement" consent is recommended in accordance with the provisions of Section 91AA of the Environmental Planning and Assessment Act, 1979.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 05.03.03 DEVELOPMENT & HEALTH

HEADING: Recommendation 24-26 CHAMBERLAIN STREET, NARWEE (47/95)
(Report by Manager, Planning Services, Mr. M. Buckley)

05.03.03 Recommendation 24-26 CHAMBERLAIN STREET, NARWEE (47/95)
(Report by Manager, Planning Services, Mr. M. Buckley)


RECOMMENDATION

THAT Council as the consent authority grant a "Deferred Development Consent" to the establishment of a townhouse/villa building accommodating nine (9) dwellings on No. 24-26 Chamberlain Street, Narwee until an easement is formally created to drain stormwater from the subject land to Mercury Street. The "Deferred Commencement Consent" shall be subject to the following conditions :

A. The registration from the Land Titles Office of N.S.W. of a 1.0 metre wide drainage easement through to adjoining rear property known as No. 80 Mercury Street, Narwee for the purposes of disposal of stormwater from the subject site. This easement is to be registered within three (3) months of the date of the "Deferred Commencement" notice prior to the formal consent and the following conditions being able to operate.

1. Compliance in all respects with Drawing No 9515 1-3 tables and documentation prepared by Mr. T. S. Wun dated 10 February, 1995, and submitted with DA 47/95, except where amended by the conditions of consent.

2. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $32,634 and payable prior to the release of the approved building plans.

3. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $3,640 and payable prior to the release of the approved building plans.

4. The applicant to provide an on site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, showing computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

* For events up to a 2% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987), maximum peak site discharge resulting from the development shall not be greater than peak site discharge under existing conditions for all durations up to the time of concentration with OSD included and of the same AEP.

* Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

* The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm.

5. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993 accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

6. Application shall be made to Council's Development and Health Division for approval to demolish the existing dwelling houses and associated outbuildings.

7. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown.

8. All stormwater to drain by gravity to the kerb and gutter in Mercury Street via a registered 1.0 metre wide easement and underground garage area "pumped" to this pipeline.

9. Applicant to pay Council to:

a) Replace all unwanted crossings with kerb and gutter and grass the footpath.
b) Construct a 80 mm thick by 1.52 metre wide unreinforced concrete path in Chamberlain Street for the full width of the site.
c) Construct a 150 mm thick concrete crossing reinforced with F72 mesh.
Quote given on request.
OR
Construction of such vehicular crossing by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

10. The vehicular driveway and visitor car parking spaces shall be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.

11. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

12. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

13. The area and/or work being the subject of the development consent, shall not be occupied or the use commence until a final inspection has been made and a Certificate of Classification has been issued by Council.

14. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners.

15. For one-way/two-way straight and circular ramps the minimum dimensions shall be in accordance with the Traffic Authority of N.S.W. "Policies, Guidelines and Procedures for Traffic Generating Developments" Part A - Section 3 - Design Guidelines.

16. The maximum change of grade of 6.7% (i.e., 1 in 15) for ramps shall be provided, with a minimum transition length of 4 metres.

17. Each proposed single garage shall have a minimum clear door jamb width of 2.7 metres. Details shall be submitted with the building application.

18. Visitor spaces to be identified on strata plan and spaces to be suitably signposted on site using metal screw-on or rivet-on type signs.

19. A minimum height between the floor surface and the lowest overhead obstruction shall be 2.1 metres for all areas traversed by cars. A minimum of 3.6 metres headroom shall be provided over all areas traversed by service vehicles.

20. The submission of a detailed landscape plan to the satisfaction of the Manager, Planning Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Planning Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Planning Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without Council approval.

21. The developer and his agents shall take all measures to prevent damage to trees and root systems during site works and construction.

22. Where a sub-station kiosk is required, such shall be suitably located and screened, and details of screening and location shall be submitted with the landscape plans and shall be to the satisfaction of Council.

23. Compliance with the requirements of Sydney Electricity in relation to the provision of a site within the subject land for the establishment of an electricity kiosk type substation, if required for the locality. Prior to submission of building plans, the developer shall present details of the development in writing to Sydney Electricity and obtain confirmation of that authority's requirements. The kiosk site shall be dedicated at the applicant's expense for use of Sydney Electricity.

24. No burning of demolition or waste materials shall be carried out on the subject site.

25. All plumbing and vent pipes shall be kept within the building and not exposed to public view.

26. Any trade waste containers are to be screened from public view and are not to obstruct or interfere with the use of loading and parking facilities and accessways. Such bins are to be stored within 12 metres from the front boundary.

27. Permanent power poles are to be either painted or stained with a suitable colour to the satisfaction of Council, prior to the issue of Certificate of Classification.

28. In accordance with the survey plan and levels submitted by Mr. T. S. Wun, the proposed two storey dwelling/s shall not exceed RL 17.90 (Units 1-3), RL 15.75 (Units 4-5), RL 15.35 (Unit 6) and RL 14.00 and RL 13.40 (Units 7-9) at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

ADVISORY NOTES REGARDING THE SUBMISSION OF A BUILDING APPLICATION

A) Internal walls dividing sole occupancy units shall comply with Spec. C1.1 of the Building Code of Australia. Details shall be submitted with the building application.

B) Exit doors from the basement level parking shall swing in the direction of egress.

C) Fire hydrant installation shall be accordance with Part E1 of the Building Code of Australia and AS 2419.1.

D) Fire hose reels shall be installed in the basement level carpark in accordance with Part E1 of the Building Code of Australia and AS 2441.

E) Smoke hazard management shall comply with Part E2 of the Building Code of Australia.

F) Emergency lighting shall be installed to the basement level parking and exits in accordance with Part E4 of the Building Code of Australia.

G) Noise transmission and insulation shall comply with Parts F5.4 and F5.5 of the Building Code of Australia.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.03.04 DEVELOPMENT & HEALTH

05.03.04 14 APSLEY STREET, PENSHURST (7/95)
(Report by Manager, Planning Services, Mr. M. Buckley)

Applicant : Masterton Homes
Proposal : MULTIPLE DWELLINGS
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area C
Owners : Kahlefeldt Securities
Existing Development : Single Dwelling
Cost of Development : $399,140



PRECIS OF REPORT

1. Amended plans for 4 x 3 bedroom townhouses

2. Generally complies with the Development Control Plan.

3. One (1) submission received.

4. Recommendation - approval.


The application seeks favourable consideration to the establishment of two (2) townhouse buildings consisting each of two (2) dwellings at No. 14 Apsley Street, Penshurst.

Existing and Surrounding Development

The site is currently occupied by a single dwelling with a single dwelling adjacent to the northern boundary and a two storey dwelling on its eastern common boundary. The area is a mixture of single dwellings with residential flat buildings occupying the western side of Apsley Street.

The subject site is irregular in shape with a 30.86 metre frontage to Apsley Street and 30.53 metres to Carrington Street. The area is 1031.2 square metres.

History

The plans before Council have been amended on the request of the Development and Health Division. The original application involved one building split into four units facing Carrington Street.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2 - Residential and the proposal has been assessed against the provisions of Council's Residential Development Control Plan.

Proposed Development

The proposal involves the placement on site of two buildings each having street frontage to either Apsley Street or Carrington Street. Townhouses C and D front Carrington Street and are setback 5.5 metres to allow for secondary parking. Courtyards at the rear have a northerly aspect and are generous in size.

Townhouses A and B fronting Apsley Street have their garages set back 3.2 metres from the street with the visitor car space adjacent to the northern boundary off a separate driveway. Their courtyards also have a northerly aspect with Townhouse B utilising the corner landscaped area to each road frontage. This area will be protected by an appropriate screen wall.

Tabled Information




	Proposed	Required	Compliance
Site Area	1031.2 m2	-	-
Development Area C
Building Height	7.14 m	9.5 m	Yes
Private Open Space	298.0 m2	200.0 m2	Yes
Landscaped Area	588 m2	515.5 m2	Yes
Building Setbacks - Front - Side/Rear	3.2/5.5m 2.5/10.0m	9.00/5.2 m N/A	See Comment -
Residential Parking	6	5	Yes
Visitor Parking	1	1	Yes


Comment : The front setback to Apsley Street for townhouses A and B is 3.2 metres for the garages and 5.0 metres for the dwelling. The adjoining northern house in Apsley Street is set back approximately 12.0 metres and is expected to be redeveloped in the near future. However, the proposed townhouses A and B are set back from this common boundary by 2.5 metres (at the rear) to 8.4 metres (at the front). The 3.2 metre front setback will have no impact on the adjoining resident or any future development.

Manager, Building Services (North)

The proposal was referred to the appropriate building surveyor for comment. No objection is raised subject to appropriate conditions regarding the submission of a building application.

Manager, Development Advice

No objection is raised subject to all stormwater being drained by gravity to Apsley Street.

Public Notification and Comment

Adjoining residents were notified by letter and given twenty-one (21) days in which to view the plans and submit any comments on the proposal. One (1) submission was registered and their concerns are outlined below :

Council should note that the advertising period for the amended plans expires on 21 April, 1995. Should there be any further submissions they will be tabled at the Committee Meeting. Please note that the previous proposal received no objections.

* The adjoining owner at No. 24 Carrington Street has requested that the side elevation common to their property have windows of obscure glass.

Comment : These windows are a second window for the dining area and bathroom on the first floor. Their request will be accommodated in the conditions of consent.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 05.03.04 DEVELOPMENT & HEALTH

HEADING: Recommendation 14 APSLEY STREET, PENSHURST (7/95)
(Report by Manager, Planning Services, Mr. M. Buckley)

05.03.04 Recommendation 14 APSLEY STREET, PENSHURST (7/95)
(Report by Manager, Planning Services, Mr. M. Buckley)


RECOMMENDATION

THAT Council as the consent authority grant development consent to the establishment of four (4) three (3) bedroom townhouses at No. 14 Apsley Street, Penshurst, subject to the following conditions :

1. Compliance in all respects with Drawing No 29339-1 and 29224-1 tables and documentation dated 20 March, 1995 and submitted with DA 7/95, except where amended by the conditions of consent.

2. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993 accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

3. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

4. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $13,986 and payable prior to the release of the approved building plans.

5. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $1,560 and payable prior to the release of the approved building plans.

6. The applicant to provide an on site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, showing computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

* For events up to a 2% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987), maximum peak site discharge resulting from the development shall not be greater than peak site discharge under existing conditions for all durations up to the time of concentration with OSD included and of the same AEP.

* Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

* The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm.

7. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown.

8. All stormwater to drain by gravity to the kerb and gutter in Apsley Street.

9. In accordance with the survey plan and levels submitted the proposed two storey dwelling/s shall not exceed 7.14 metres in height at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point. Finished roof RL's are to be submitted with the building application.

10. The vehicular driveway and visitor car parking spaces shall be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.

11. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

12. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

13. The area and/or work being the subject of the development consent, shall not be occupied or the use commence until a final inspection has been made and a Certificate of Classification has been issued by Council.

14. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners.

15. Each proposed single garage shall have a minimum clear door jamb width of 2.7 metres. Details shall be submitted with the building application.

16. The dedication to Council of a 3m x 3m splay to Apsley and Carrington Streets for the purpose of road widening. The dedication shall be registered prior to the issue of a Certificate of Classification.

17. Applicant to pay Council to construct a new 150mm thick concrete vehicular crossing reinforced with F72 mesh and to replace the existing crossing with kerb and gutter and pram ramp. Quote given on request.
OR
Construction of such vehicular crossing by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

18. Visitor spaces to be identified on strata plan and spaces to be suitably signposted on site using metal screw-on or rivet-on type signs.

19. The submission of a detailed landscape plan to the satisfaction of the Manager, Planning Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Planning Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Planning Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without Council approval.

20. No approval is expressed or implied to the subdivision of the subject land or dwelling/s. For any future Torrens/Strata subdivision, a separate Development Application is required to be submitted to and approved by Council.

21. No burning of demolition or waste materials shall be carried out on the subject site.

22. All plumbing and vent pipes shall be kept within the building and not exposed to public view.

23. Permanent power poles are to be either painted or stained with a suitable colour to the satisfaction of Council, prior to the issue of Certificate of Classification.

24. Details of the proposed separation of garages from living areas are to be submitted with the building application.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.04 DEVELOPMENT & HEALTH

05.04 DEVELOPMENT APPLICATIONS - PEAKHURST WARD

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.04.01 DEVELOPMENT & HEALTH

05.04.01 2-10 PEACE AVENUE AND 80, 82 LORRAINE STREET, PEAKHURST (652/94)
(Report by Town Planner, Miss I. Yap)

Applicant : Department of Housing
Proposal : MIXED DWELLINGS
Zoning : Zone No.2 - Residential
Residential Development
Control Plan 1994 : Development Area A
Owners : Department of Housing
Existing Development : Four Single Cottages
Cost of Development : $1,581,528

Precis of Report:

1. Fourteen (14) duplex development on seven (7) lots consisting of ten (10) two storey dwellings and four (4) single storey dwellings.

2. Determined under Section 91A of E.P. & A. Act, 1979.

3. Compliance in all respects with Council's Residential Development Control Plan except in regard to front setback.

4. Two (2) objections received.

5. Recommendation - approval subject to concurrence from the Minister.

Council will recall that at its last meeting held on 5th April 1995, Council granted conditional consent for a Development Application made by the Department of Housing to establish five (5) dwellings in the immediate vicinity of this application.

Existing and Surrounding Development

The proposed site is located on the western side of Lorraine Street on the corner of Peace and Lorraine Streets. It has a site area of approximately 4719 sq.m and a street frontage of 106.49m to Peace Avenue and 44.175m to Lorraine Street. The site is rectangular in shape and has a fall of 4.0m from west to east. At present, the land accommodates four (4) detached cement sheeting single-storey cottages.

The area is predominantly residential with industrial uses to the north of Roberts Avenue. Directly to the west is Hurstville Golf Course.

History



31/1/95 and 20/3/95	Meetings were held between Council Planning Officers and the Department of Housing. Discussions were held in regard to the original submitted plans lodged with Council on 30th December 1994. The issues raised at both meetings were the over-dominance of paved areas, the need to put an emphasis on entry way to each dwelling, minimum front setbacks of 5.5 metres, the amalgamation of vehicular access, variety in building materials and the required number of residents and visitor car parking spaces.
31/3/95	After extensive consultation with Department of Housing, amended plans were received for the proposed development which had overcome the abovementioned issues. The duplex development now complies with the provisions of Residential Development Control Plan 1994 except in regard to front setbacks. (This will be discussed further in this report)


Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2 - Residential and the proposal has been assessed against the provisions of Council's Residential Development Control Plan 1994.

Proposed Development

The proposed development is for the establishment of a total of fourteen (14) dwellings consisting of ten (10) two-storey, three bedroom dwellings, one (1) single storey three bedroom dwelling and three (3) single storey, two bedroom dwellings. Development is on seven (7) lots with seven (7) duplex style buildings.

All of the proposed buildings face the street and being a mix of single storey and two storey will enable it to blend with the existing streetscape. Two single storey dwellings are located at each end of the development, those nearest to adjoining property building. Each dwelling is also self-contained and comprises either two or three bedrooms, a living room, dining room, bathroom, laundry, kitchen, toilet and garage.

A combination of separate and joined vehicular access is provided to each individual garage, which is located at the street frontage. Varied roof forms, balcony elements over driveways and articulated facade treatment of brickwork and cladding will be integrated to create different housing characteristics as well as compatibility of building design.

Tabled Information




	Proposed	Required	Compliance
Site Area	4719m2		Yes
Development Area A
Building Height	7.6m (approx)	9.5m (max.)	Yes
Private Open Space	70 - 136m2	40 - 50m2	Yes
Landscaped Area	2819m2(60%)	2360m2(50%)	Yes
Building Setbacks - Front (Lorraine Street) - Front (Peace Avenue) - Side	4.5m 6.0-8.8m 1.0-3.0m	7.5m 6.75m 0.9m	(see Comment) (see Comment) Yes
Residential Parking	26	26	Yes
Visitor Parking	3	3	Yes



Comment: Building Setback (Lorraine Street)

The proposal provides 4.5 metres front setback from Lorraine Street which would not comply with the required 7.5 metre requirement, based on the adjoining property setback of 10.5 metres. Potentially, the 7.5 metre front setback could be achieved by moving the buildings further back toward the rear boundary, however, this would mean a reduction of private open space for each dwelling as well as the landscaped area available on the total development. A variation in the front setback with a minimum of 5.8 metres was approved at the last Council meeting for a Department of Housing development situated in the immediate vicinity (Peace Avenue), due to the adjoining property setback of 11 metres being considered excessive. A similar argument is not put forward to Council with a recommendation that a 5.8 metre setback be allowed in this instance for those dwellings in Lot 1.

However, to the location of Unit 2 on Lot 2 being on a corner site, a setback of up to 4.5 metres is recommended This setback is generally in accordance with the provisions of the DCP which permits a minimum 2.5 metre setback at corners and with the remainder of the development on a corner lot being permitted with setbacks up to 50% less than the adjacent development. The development complies with this requirement.

Building Setback (Peace Avenue)

The proposed front setbacks on this street vary from 6 metres to 8.8 metres. Five out of twelve buildings that face Lorraine Street will encroach the required setback by 750mm. This encroachment is considered to be relatively minor, and forcing the development back by 750mm will have no advantages over adjoining properties. It is therefore recommended that Council support the minor setback encroachment of 750mm in Lorraine Street.

Manager, Building Services (South)

This matter was referred to the Manager, Building Services who raised no objections to the proposal subject to:

* all dwellings to be constructed on deepened edge beams
* any excavated embankment be retained by a suitable wall

Manager, Development Advice

This matter was referred to the Manager, Development Advice who raised no objections to the proposal subject to:

* all stormwater to drain by gravity to either -
a) gully pit in Lorraine Street
OR
b) kerb and gutter in Peace Avenue or Lorraine Street

* standard conditions regarding the crossing

Public Notification and Comment

Adjoining residents were notified by letter and given twenty-one (21) days in which to view the plans and submit any comments on the proposal. Two (2) submissions were registered and their concerns are outlined below :

1. The planting of large trees on the inside of the fence line.

Comment: The proposal will result in a loss of approximately nine (9) trees. The architect has attempted to retain as many existing trees as possible on the proposed site. There are no new or additional trees intended or suggested on plans to be planted on site. However, a condition will be added to require appropriate screen planting along boundaries

2. The two storey will take away privacy.

Comment: The proposed development is to be set back over 12 metres from the adjoining properties in Orana Crescent. This setback distance should alleviate the extent and possibility of overlooking of adjoining properties. Also, all first floor plans of the building consist of mainly bedrooms.

3. The type of people who will occupy all these duplex buildings.

Comment: The proposed development is to assist the Department of Housing to meet increasing demands for low-middle income housing in the City of Hurstville.

In Summary

Apart from minor inconsistencies with the RDCP, which has been addressed elsewhere, the development is considered acceptable.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 05.04.01 DEVELOPMENT & HEALTH

HEADING: Recommendation 2-10 PEACE AVENUE AND 80, 82 LORRAINE STREET, PEAKHURST (652/94)
(Report by Town Planner, Miss I. Yap)

05.04.01 Recommendation 2-10 PEACE AVENUE AND 80, 82 LORRAINE STREET, PEAKHURST (652/94)
(Report by Town Planner, Miss I. Yap)


RECOMMENDATION

THAT Council as the consent authority grant development consent for the establishment of fourteen (14) dwellings at Nos. 2-10 Peace Avenue and 80-82 Lorraine Street, Peakhurst, subject to the following conditions and that the following conditions be referred to the Minister for Planning and Housing for concurrence:

1. Compliance in all respects with Drawing No 1417-SP-O1-C, Sheets 1-8, tables and documentation prepared by Bishop & Hitchcock, Architects dated December 1994 and submitted with DA652/94 , except where amended by the conditions of consent.

2. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $30,090 and payable prior to the occupation of the buildings.

3. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $3,355 and payable prior to the occupation of the approved buildings.

4. The applicant to provide an on site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, showing computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

* For events up to a 2% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987), maximum peak site discharge resulting from the development shall not be greater than peak site discharge under existing conditions for all durations up to the time of concentration with OSD included and of the same AEP.

* Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

* The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm.

5. All stormwater to drain by gravity to either:

a) The gully pit in Lorraine Street near Orana Crescent via an inter-allotment pipeline located parallel and adjacent to the rear boundaries of the lots.
OR
b) The kerb and gutter in Peace Avenue or Lorraine Street.

6. Pay Council to construct the 100mm thick unreinforced crossings to replace the redundant crossings with kerb and gutter and to construct a 1.52m wide by 80mm thick concrete path in Peace Avenue for the full width of the sites.
OR
Construction of such vehicular crossings and ancillary works by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

7. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to Council for assessment.

8. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the occupation of the dwellings.

9. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.

10. No burning of demolition or waste materials shall be carried out on the subject site.

11. The vehicular driveway and visitor car parking spaces shall be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.

12. In accordance with the survey plan and levels submitted by the Department of Housing, the proposed two storey dwelling/s shall not exceed RL44.6 at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

13. All dwellings are to be constructed on deepened edge beams to prevent unnecessary filling of the land adjacent to the boundaries.

14. The site is to be landscaped with appropriate trees and garden species.

16. Perimeter planting along side and rear boundaries shall be such as to provide a dense-foliaged plant screen of trees and shrubs over a broad height range to minimise the effect of the development upon adjoining development.

17. The developer and his agens shall take all measures to prevent damate to existing trees and root systems during site works and construction.

18. The Lorraine Street front boundary setback for dwellings in Lot 1 (Unit 1 and 2) should be at a minimum distance of 5.8 metres.


ADVISORY NOTES REGARDING THE SUBMISSION OF A BUILDING APPLICATION

A. Eaves constructed within 1.8m of an adjoining dwelling must have non-combustible linings.

B. Openings in external walls within 1.8m of an adjoining dwelling must be protected by non-openable fire windows or other construction with an FRL of not less than -/60/-.

C. Combustible roof lights must not be less than 900mm from the vertical projection of a separating wall extending to the underside of the roof covering and must not be less than 1.8m from any roof light or the like in an adjoining dwelling.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.04.02 DEVELOPMENT & HEALTH

05.04.02 9-11 ERSKINE STREET, RIVERWOOD (27/95)

Applicant : Huntington & MacGillivray
Proposal : 2 X THREE AND FOUR STOREY
RESIDENTIAL BUILDINGS
Zoning : Zone No.2 - Residential
Residential Development
Control Plan 1994 : Development Area D
Owners : Mr. M A Ratcliffe, Ms. J Speed,
Ms. M S F Chan & Mr. P A Forestor
Existing Development : Three single storey residences
Cost of Development : $2,125,000

Precis of Report:

1. 25 x 2 bedroom residential units.

2. Stormwater drainage to Littleton Street.

3. Seven (7) objections received.

4. Approval recommended.

Existing and Surrounding Development

The site currently accommodates three single storey residences, two brick/tile and one cement sheet/tile. The residences are in sound condition but have no particular design merit. The sites are lawned with no significant vegetation, other than a large pine tree at the rear of No.29 Littleton Street. Various smaller trees are located on the lands being a combination of pine and eucalypts. These trees are not of significance and are not proposed to be retained.

The site has a gentle slope to the rear from No.9 Erskine Street down to No.29 Littleton Street.

The adjoining premises are a mixture of housing style and use of materials but are typically single storey, brick/tile or cement sheet/tile.

The property to the north, No.13-15 Erskine Street is the subject of a separate development application to Council for a three storey residential building.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration

Statutory Requirements

The subject site is zoned No. 2 - Residential under the Hurstville Local Environmental Plan 1994 and residential buildings are permissible within the zoning with Council consent.

The proposal has been assessed against the provisions of the Residential Development Control Plan 1994 and the development generally complies with the objectives and standards within the DCP.

Proposed Development

The proposal includes the demolition of the existing three residences and the establishment of three and four storey brick and tile residential buildings with basement carpark. The building will accommodate 25 x 2 bedroom units and thirty-one (31) parking spaces.

The units will be accommodated in two buildings. One being three storey which accommodates one unit on each floor, whilst the remaining twenty-two (22) units are accommodated in an elongated 3 and 4 storey building.

Tabled Information




	Proposed	Required	Compliance
Site Area	1823.31m2	-	-
Development Area D
Building Height	12m	12m	Yes
Private Open Space	22.5/15m2	15m2	Yes
Landscaped Area	849m2	820.49m2	Yes
Building Setbacks - Front - Side/Rear	3.5m 3m	4.5m 1m	See Comment Yes
Residential Parking	25	25	Yes
Visitor Parking	6	6	Yes



Comment:

Setbacks The development provides an adequate setback to Littleton Street of 9 metres, however, only a 3.5m (balconies) and 4.5m (to building facade) setback is provided to Erskine Street.

Based on the existing setback to No. 7 Erskine Street being 7.6m, the required setback to Erskine Street is 5.7m. This represents a 25% reduction on the existing 7.6m. The development does not satisfy this requirement and it is recommended that a 5.7m setback be imposed conditionally. The applicant is aware of this requirement and is satisfied that this additional 1.2m setback can be provided. This setback will have the added benefit of providing additional landscaping for the site. This shall be subject to no variation to the location of the approved building floor plate other than the street front setback variation.

Landscaping Landscaping provided on site comprises some 849m² (820m²) and this comprises the following calculated areas:

* 694m² open landscape area at ground level;
* 77.4m² balconies at ground level converted to open courtyard; and
* 77.4m² upper level balconies greater than 20m².

In addition to these areas, a further 22m² in available open space area, is provided with the increased setback which is to be accommodated within the building internal layout.

Manager, Building Services (South)

This matter was referred to the Manager of Building Services who raised no objections to the proposal subject to:

1. Clarification being given as to the location of a sewer line; and
2. All works associated with the site being carried out on the site.

Manager, Development Advice

This matter was referred to the Manager of Development Advice who raised no objection to the proposal subject to stormwater drainage being directed to Littleton Street and a stormwater easement being created over the land in favour of Nos. 5-7 Erskine Street and No.30 Cairns Street.

Public Notification and Comment

Adjoining residents were notified by letter and given twenty-one (21) days in which the view the plans and submit any comments on the proposal. Two (2) petitions were lodged against the proposed development at No.13-15 Erskine Street and the arguments raised as part of these petitions are again considered with this development. Seven (7) objections were registered regarding this proposal and their concerns are outlined below :

Overshadowing: Shadow diagrams have been prepared for this development and these indicate that the adjoining property to the south, being No.7 Erskine Street, will be overshadowed for the majority of the day during the winter period. This situation is generally unavoidable, unless a substantial southern boundary setback is imposed on the site. This would severly restrict development on this site as an appropriate boundary setback would be approximately 10 metres.
The locality is identified for redevelopment and hence a change in style and bulk of buildings is inevitable. This will result in some overshadowing and overlooking issues between development sites.

Overlooking: By the nature of this development, being 3 and part 4 storeys, there is the potential for overlooking. The major concern in this instance is the overlooking of No.7 Erskine Street and No.27 Littleton Street.

The building has been designed to minimise overlooking concerns where possible restricting living area balconies to ground and second floors only, whilst the first and third storeys only accommodate bedrooms along the southern elevation of the building.

In order to further reduce overlooking it would be necessary to remove balconies, raise window levels and provide screen plantings. This would not be aesthetically acceptable as it would produce a bland, brick wall on this elevation and the screening is likely to worsen any overshadowing concerns for the adjoining properties.

It is recommended that limited plant screenings be provided along the adjoining southern/western boundaries to screen balcony areas only.

Noise: Noise associated with such developments is predominantly generated during the construction stage. The units remain residences and are generally low noise generators.

Specific noise control conditions will be imposed as conditions of consent for the construction stage of the development.

Traffic/Carparking: The requirements for carparking are set down within the Residential Development Control Plan and the proposal complies with this requirement. On-site provision has been made for six (6) visitor carparking spaces.

Traffic in the immediate street system will increase, however, such increase will be minimal and would not adversely impact on the existing system.

Lower Property Values: It has been contended that the new development will lower property values. This is definitely not true of lands within "D" area. It remains unclear what value impact a flat development adjacent to a lower density area (such as "B" area) may have, however, no justification has been put forward by the objectors to substantiate a value loss.

Summary

The proposed development is a 3 to 4 storey residential building located adjacent to a site for a similar scale development at No.13-15 Erskine Street presently being considered by Council.

The concept is in general compliance with the provisions of the Residential Development Control Plan. It is noted that the property to the south, in particular, will be adversely affected by the proposals bulk and scale, however, this locality provides for redevelopment of the scale proposed.

Conditional approval of the development is recommended.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 05.04.02 DEVELOPMENT & HEALTH

HEADING: Recommendation 9-11 ERSKINE STREET, RIVERWOOD (27/95)

05.04.02 Recommendation 9-11 ERSKINE STREET, RIVERWOOD (27/95)


RECOMMENDATION

THAT Council as the consent authority grant development consent for the establishment of a brick and tile part 3 and part 4 storey residential building accommodating twenty-five (25) two bedroom units with basement carparking at No. 9-11 Erskine Street and 29 Littleton Street, Riverood, subject to the following conditions:

1. Compliance in all respects with Drawing No 3113.1and 4 prepared by Huntington & MacGillivray dated 17th January 1995 and Amended Drawing Nos. 3113.2A-6A and submitted with DA 27/95 , except where amended by the conditions of consent.

2. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $81,364 and payable prior to the release of the approved building plans.

3. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $9,065 and payable prior to the release of the approved building plans.

4. The applicant to provide an on site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, showing computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

* For events up to a 2% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987), maximum peak site discharge resulting from the development shall not be greater than peak site discharge under existing conditions for all durations up to the time of concentration with OSD included and of the same AEP.

* Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

* The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm.

5. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993 accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

6. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

7. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown.

8. All roof and ground water to drain by gravity to the kerb and gutter in Littleton Street and the underground garage to be "pumped" to the kerb and gutter.

9. A 1m wide easement to drain water is to be created over the subject site to benefit the lands adjoining the southern boundary known as 5 and 7 Erskine Street to allow their stormwater to be drained to the kerb and gutter in Littleton Street. The easement is to be registered with any plan of subdivision prior to issue of a Certificate of Classification. Where the easement is located under a proposed garage the developer is to pipe that portion of the easement to the satisfaction of Council.

10. Applicant to pay Council to

a) replace all existing crossings with kerb and gutter and grass the footpath area;
b) construct a 150mm thick crossing reinforced with F72 mesh in Littleton Street;
c) construct an 80mm thick by 1.52 metre wide reinforced concrete path in Erskine Street for the full width of the site.
Quote given on request.
OR
Construction of such vehicular crossing and associated ancillary works by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.



11. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

12. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

13. The area and/or work being the subject of the development consent, shall not be occupied or the use commence until a final inspection has been made and a Certificate of Classification has been issued by Council.

14. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners.

15. The vehicular driveway and visitor car parking spaces shall be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.

16. The maximum change of grade of 6.7% (i.e., 1 in 15) for ramps shall be provided, with a minimum transition length of 4 metres.

17. Each proposed single garage shall have a minimum clear door jamb width of 2.7 metres. Details shall be submitted with the building application.

18. All entry and exit points and one or two way circulation movements are to be clearly signposted to the satisfaction of Council.

19. Visitor spaces to be identified on strata plan and spaces to be suitably signposted on site using metal screw-on or rivet-on type signs.

20. A minimum height between the floor surface and the lowest overhead obstruction shall be 2.1 metres for all areas traversed by cars. A minimum of 3.6 metres headroom shall be provided over all areas traversed by service vehicles.

21. The submission of a detailed landscape plan to the satisfaction of the Manager, Planning Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Planning Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Planning Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without Council approval.

22. Perimeter planting along site boundaries (in specific the southern boundary) shall be such as to provide a dense-foliaged plant screen of trees and shrubs over a broad height range to minimise the effect of the development upon adjoining development. Details are to be submitted on the Landscape Plan.

23. Where a sub-station kiosk is required, such shall be suitably located and screened, and details of screening and location shall be submitted with the landscape plans and shall be to the satisfaction of Council.

24. Compliance with the requirements of Sydney Electricity in relation to the provision of a site within the subject land for the establishment of an electricity kiosk type substation, if required for the locality. Prior to submission of building plans, the developer shall present details of the development in writing to Sydney Electricity and obtain confirmation of that authority's requirements. The kiosk site shall be dedicated at the applicant's expense for use of Sydney Electricity.

25. No burning of demolition or waste materials shall be carried out on the subject site.

26. All plumbing and vent pipes shall be kept within the building and not exposed to public view.

27. Any trade waste containers are to be screened from public view and are not to obstruct or interfere with the use of loading and parking facilities and accessways. Such bins are to be stored within 12 metres from the front boundary. Details are to be submitted with the building application.

28. Permanent power poles are to be either painted or stained with a suitable colour to the satisfaction of Council, prior to the issue of Certificate of Classification.

29. In accordance with the survey plan and levels submitted by Huntington & MacGillivray, the proposed two storey dwelling/s shall not exceed RL 43.1 at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

30. The building shall provide for an Erskine Street setback of 5.7 metres and this increase shall be provided by reduction in internal areas in the proposed building. Details are to be submitted with the building application.


ADVISORY NOTES REGARDING THE SUBMISSION OF A BUILDING APPLICATION

1. In accordance with Table F2.1 of the Building Code of Australia, a closet pan and washbasin for employees shall be provided at or near ground level.

2. Full details of the subsoil drainage system around the basement carpark level shall be submitted with the building application.

3. It would appear that the majority of the basement carparking level cannot be provided with sufficient natural ventilation. Therefore, a system of ventilation complying with AS 1668.2 shall be provided.
NOTE: Council will be ensuring that the system is constructed in such a manner that disturbance will not be caused to the owners of the adjoining residential premises as a result of noise emanating from the air intake grills and exhaust fans.

4. The garbage storage area shall be relocated to the space between Visitors Carparking Space 2 and the stairway leading to Littleton Street. Further, that the garbage storage area shall be accessible to Council's garbage contractors.

5. It would appear that the flats closest to Erskine Street will be outside the reach of the hose stream of a hose connected to the hydrant in Littleton Street. In this regard it may be necessary for an on-site hydrant to be provided in accordance with Clause E1.3 of Part E1 of the Building Code of Australia.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.04.03 DEVELOPMENT & HEALTH

05.04.03 14-16 CAIRNS STREET, RIVERWOOD (11/95)
(Report by Town Planner, Ms. T. Christy)

Applicant : Oceanview Group
Proposal : RESIDENTIAL FLAT BUILDING
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area D
Owners : Mrs. Pryor and Mrs. Owen
Existing Development : Two Single Storey Residences with
Attached Garages
Cost of Development : $2,100,000

PRECIS OF REPORT

1. Residential flat building comprising of 25 x 2 bedroom units, 1 x 1 bedroom unit (on third floor) and basement parking.

2. Minor encroachment by 300mm to front setback.

3. Water Board sewer line required to be diverted.

4. Eleven (11) submissions received.

5. Recommendation - approval.



Existing and Surrounding Development

The site is currently developed by way of a single cottage and attached garage on each property. The properties adjoining the western and north-eastern boundaries currently have applications with Council to develop residential flat buildings. They are 10-12 Cairns Street and 15, 17 and 19 Littleton Street. The eastern adjoining property has a single dwelling on it as do most of the properties across the road.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2 - Residential and the proposal has been assessed against the provisions of Council's Residential Development Control Plan 1994.

Proposed Development

The proposal is for the establishment of a residential flat building comprising 25 x 2 bedroom units and 1 x 1 bedroom unit. All parking, including visitor, is at a basement level. (The original application had 26 x 2 bedroom units, however, one unit was reduced to ensure the proposal complies with the building envelope at the north-western corner).

The ground floor and first floor levels have seven (7) units each, with the second and third floors having six (6) units each.

Vehicular entry adjoins the western boundary (No. 12 Cairns Street). Since Council has an application for units at No. 12 Cairns Street it was considered by the applicant that this would have the least impact on adjoining single residences.

The design of the front elevation ensures an attractive appearance from the street by setting back the top two floors and providing variation in the roof and other architectural features. The ground floor units have access to individual courtyard areas, whilst the remaining units each have balconies providing private open space.

Rear Courtyards

Due to the fall of the land to the rear north-western corner of the site, the courtyard area will be a maximum of 1.2 metres above natural ground level and is stepped back 2.0 metres to a finished level 1.5 maximum above natural ground level. This will ensure a usable courtyard area.

Drainage

It is proposed that all roof waters will drain by gravity to the kerb and gutter in Cairns Street. The courtyard areas will drain by pipe into the basement area and this will be pumped to Cairns Street.

Tabled Information



	Proposed	Required	Compliance
Site Area	1458.5 m2	-	-
Development Area D
Building Height	12.0 m	12.0 m	Yes
Private Open Space	716.6 m2	390 m2	See Comment
Landscaped Area	667.2 m2	656.0m2 (45%)	Yes
Building Setbacks - Front - Side/Rear	5.5 m 3.2-4.2m/4.7m	5.8 m -	See Comment Yes
Residential Parking	26	26	Yes
Visitor Parking	7	7	Yes


Comment : Front Setback - The majority of the proposal is set back 6.0 metres with a portion (for a length of 5.0 metres) encroaching the front building setback by 300mm. As this variation in the front facade will improve the aesthetics of the design, it is recommended that an encroachment of 300mm be allowed if approval is granted.

Private Open Space - Although the total figure for private open space complies each unit has not been provided with a minimum of 15 square metre balcony or terrace area. Therefore a condition of consent will be that each unit maintains a minimum of 15 square metres in accordance with Council's Residential DCP.

Parking - The number of parking spaces provided complies with Council's Residential DCP, however, it would be a better design if the visitor spaces marked V1, V2 and V3 were provided closer to the ramp entry way as they would be more useable. This redesign of the carpark area will be a condition of the development consent and is to be included on the building application.

Sewer Line - A Water Board sewer line crosses the rear section of the site. Due to the excavation required for the parking area, the applicant has advised that they will divert the sewer line around the proposed units. They have made enquiries with the Water Board who "...........confirm that due to the fall of the land, the proposed diversion is feasible."

Building Envelope - The proposal complies with the building envelope, apart from the eaves on the north-western corner which protrude and also a small portion of the roof above both entry-ways.

Manager, Building Services (South)

The application was referred to the appropriate building surveyor who agreed to the proposal in principle, provided standard conditions regarding the building application, stormwater plans, maintaining the footpath in a clean and safe condition during construction, and a suitable garbage storage area for 26 garbage carts and recycling crates are complied with in this report.

It was suggested that the properties adjoining the rear provide an easement for stormwater, however, the applicant has provided an alternative method which has been discussed earlier.

Also, concern was raised over the created level of the north-western corner and its impact on the adjoining residents. Although it will result in a fence approximately 3.0 metres high in the corner, this will have minimal impact on the rear adjoining properties (apart from increasing privacy), because they are located north of the proposed fence. The adjoining property to the west is also under consideration by Council for units, so these too, will not be unduly affected by the fence. It should be noted that along the northern (rear) and western (side) boundaries the height of the fence on the adjoining properties sides will decrease due to the natural ground level rising.

Manager, Development Advice

No objections were raised provided all stormwater is drained to Cairns Street, on site detention is adhered to and the standard conditions regarding concrete crossings and replacement of kerb and gutter are complied with.

Public Notification and Comment

This proposal was advertised in the "St. George and Sutherland Shire Leader" and adjoining residents were notified by letter and given twenty-one (21) days in which to view the plans and submit any comments on the proposal. Eleven (11) submissions were registered and their concerns are outlined below :

i) The majority of submissions received related not so much to this one proposal, but to the issue of flats within the area. The residents of Littleton, Erskine and Cairns Streets believed they were not notified of the rezoning in the area to allow residential flat units. Further, they do not want the units as a number of the residents have lived there in excess of 30 to 40 years.

Comment : Notice of the Residential DCP was advertised in the "St. George and Sutherland Shire Leader" in November, 1993, as well as a notice being sent to residents with their rates notices in 1993 and furthermore, an issue of the "Council Comment" being distributed to all residents explaining in detail the draft DCP. Residents were advised to view the plans or at least contact Council to find out how they were individually affected. This was over a ten week period from 22 November, 1993 to 29 January, 1994. The issue of rezoning is a separate issue that cannot be dealt with with this application.

ii) Decrease in property value.

Comment : This is not always the case as sometimes the development potential of a site may actually increase its value. However, no qualified valuers provided details on this and Council officers are not qualified to accurately assess this. Although it is noted that properties sold in "D" Areas have increased in value.

iii) Decrease in privacy.

Comment : At the closest point the proposed balconies are located 3.3 metres from the adjoining property boundary with the living areas 6.0 metres from the adjoining property boundary. Since the site is zoned for residential flat building, some loss of privacy will occur, however the design is such that it lessens the impact.

iv) Lack of parking in the street and also increased traffic congestion.

Comment : The proposal provides all required parking on site as specified by the DCP. The lack of parking in the street during the week is contributed by commuters and shoppers.

The traffic movement generated by the development will be off peak and Council is presently preparing details for a Local Area Traffic Management Study which will undoubtedly look at traffic calming devices if the need for them arises.

v) Increased demand on the sewerage system.

Comment : The Water Board has been approached about this proposal in conjunction with the one at 10-12 Cairns Street due to the relocation of the sewer line and they have not approached Council about any future demand problems.

vi) Extra pollution, noise and crime will result in the area.

Comment : The vehicular ramp is located on the western boundary, furthest away from adjoining dwellings, therefore any impact of air and noise pollution from the cars will be minimal. The hours of work on the site will be restricted, therefore noise during construction will be confined to these times. Any noise generated by occupants of the proposal will be confined within the site with little noise emanating to adjoining properties.

It cannot be ascertained whether crime in the area will increase due to the residential flat building development, however, the site will incorporate a security system with an intercom and locked basement level to try to minimise crime on the site.

Summary

The proposal generally complies with Council's Residential DCP and has been designed to provide an attractive and interesting street elevation as well as minimise privacy impacts onto adjoining developments. The finished level of the rear north-western corner of the site will be assessed in further detail and the building application stage when hydraulic plans are finished and levels are confirmed. A condition of consent will confirm these levels. It complies with the objectives of the Residential DCP in what Council wants to achieve in the Riverwood Area and therefore approval is recommended.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 05.04.03 DEVELOPMENT & HEALTH

HEADING: Recommendation 14-16 CAIRNS STREET, RIVERWOOD (11/95)

05.04.03 Recommendation 14-16 CAIRNS STREET, RIVERWOOD (11/95)


RECOMMENDATION

THAT Council as the consent authority grant development consent to the establishment of a residential flat building consisting of 25 x 2 and 1 x 1 (on the third floor) bedroom units with a front building line encroachment of 300mm, subject to the following conditions :

1. Compliance in all respects with Drawing No 1-7 tables and documentation prepared by Oceanview Group Pty. Ltd., dated December, 1994 and Amended Drawings Nos. 2, 4, 5 and 6 received on 13 April, 1995 and submitted with DA 11/95, except where amended by the conditions of consent.

2. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Building Code of Australia accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

3. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

4. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $89,840 and payable prior to the release of the approved building plans.

5. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $10,010 and payable prior to the release of the approved building plans.

6. Payment to Council of a contribution pursuant to Section 94 (1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for the provision of drainage services.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on drainage services.

The contribution rate for Georges River catchment is $1.77 per square metre of gross land area of the subject site. The amount is $2,582 and payable prior to the release of the approved building plans.

7. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown.

8. All roof stormwater to drain by gravity to the kerb and gutter in Cairns Street and the underground carpark and yard area to pump to the kerb and gutter in Cairns Street.

9. In accordance with the survey plan and levels submitted by Oceanview Group, the proposed residential dwelling/s shall not exceed RL 38.71 (12.0 metres) at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.
10. The vehicular driveway and visitor car parking spaces shall be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.

11. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage. The building plans will clarify finished courtyard levels in particular the north-western corner, for determination and approval by the Development and Health Division.

12. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

13. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing measured from the highest finished ground level, to Council's satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners.

14. For one-way/two-way straight and circular ramps the minimum dimensions shall be in accordance with the Traffic Authority of N.S.W. "Policies, Guidelines and Procedures for Traffic Generating Developments" Part A - Section 3 - Design Guidelines.

15. Each proposed single garage shall have a minimum clear door jamb width of 2.7 metres. Details shall be submitted with the building application.

16. All entry and exit points and one or two way circulation movements are to be clearly signposted to the satisfaction of Council.

17. Applicant to pay Council to :
a) Construct a 150mm thick concrete crossing reinforced with F72 mesh.
b) Replace existing crossings with kerb and gutter and grass.
Quote given on request.
OR
Construction of such vehicular crossing by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

18. Visitor spaces to be identified on strata plan and spaces to be suitably signposted on site using metal screw-on or rivet-on type signs.

19. A minimum height between the floor surface and the lowest overhead obstruction shall be 2.1 metres for all areas traversed by cars. A minimum of 3.6 metres headroom shall be provided over all areas traversed by service vehicles.

20. The submission of a detailed landscape plan to the satisfaction of the Manager, Planning Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Planning Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Planning Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without Council approval.

21. Compliance with the requirements of Sydney Electricity in relation to the provision of a site within the subject land for the establishment of an electricity kiosk type substation, if required for the locality. Prior to submission of building plans, the developer shall present details of the development in writing to Sydney Electricity and obtain confirmation of that authority's requirements. The kiosk site shall be dedicated at the applicant's expense for use of Sydney Electricity.

22. Where a sub-station kiosk is required, such shall be suitably located and screened, and details of screening and location shall be submitted with the landscape plans and shall be to the satisfaction of Council.

23. No burning of demolition or waste materials shall be carried out on the subject site.

24. All plumbing and vent pipes shall be kept within the building and not exposed to public view.

25. Any trade waste containers are to be screened from public view and are not to obstruct or interfere with the use of loading and parking facilities and accessways. Such bins are to be stored within 12 metres from the front boundary to reflect the approved building and sufficiently house twenty-six (26) bins and recycling crates. Details are to be including on the building application.

26. Permanent power poles are to be either painted or stained with a suitable colour to the satisfaction of Council, prior to the issue of Certificate of Classification.

27. The basement parking area is to be redesigned so that all seven (7) visitor spaces, with minimum dimensions of 2.5m wide and 5.5m in length, are located near the ramp entry. Details are to be shown with the building application. The proposed redesign is not to interfere with the diversion of the Water Board sewer line.

28. The balcony area for each unit is to be a minimum of 15 square metres in size and is to be accessible from the dining/living areas. Details are to be shown with the building application.

29. Full hydraulics details regarding the diversion of the sewer line in compliance with the Water Board are to be shown with the building application.

Ward Councillor Reports

Building Applications - Hurstville Ward

4 Lowana Place, Beverly Hills (Hv Ward) Rear Detached Garage And Storage Outbuilding

30 Wellington Road, Hurstville (Hv Ward) Carport

Building Applications - Penshurst Ward

Building Applications - Peakhurst Ward

8 Wren Place, Lugarno (Pk Ward) Extensions To Existing Dwelling

9 Marine Drive, Oatley (Pk Ward) Extension To Existing Garage

8 Anderson Road, Mortdale (Pk Ward) Detached Garage

11 Hymen Street, Peakhurst (Pk Ward) Detached Garage

59A Yarran Road, Oatley (Pk Ward) Two (2) Storey Dwelling

9 Boatwright Avenue, Lugarno (Pk Ward) First Floor Addition, Attached Double Garage And Brick Veneering Of Dwelling

1A Barr Street, Mortdale (Pk Ward) Single Carport

Miscellaneous And Other Matters

3 Gungah Bay Road, Oatley (Pk Ward) Temporary Occupation Of Caravan

41 Smiths Avenue, Hurstville (Hv Ward) Application For Building Certificate

Policy Regarding The Keeping Of Animals And Bees At Premises Within The Hurstville Community

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.01 DEVELOPMENT & HEALTH

06.01 WARD COUNCILLOR REPORTS

THERE ARE NO WARD COUNCILLORS REPORTS IN RESPECT OF BUILDING APPLICATIONS FOR THIS MEETING

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.02 DEVELOPMENT & HEALTH

06.02 BUILDING APPLICATIONS - HURSTVILLE WARD

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.02.01 DEVELOPMENT & HEALTH

06.02.01 4 LOWANA PLACE, BEVERLY HILLS (HV WARD) Rear Detached Garage and Storage Outbuilding
(Report by Environmental Health & Building Surveyor, Mr P McInnes)

Applicant: Mr G W Eaton (BA 89/95)
Proposed: Rear Detached Garage and Storage Outbuilding

Referred for: Consideration of Council's adopted Code for Outbuildings,
exceeding 80 square metres to 93.69 square metres.

The subject land is located on the north-western side of the street and is developed by way of a single storey older style dwelling house and two detached outbuildings. Landfall is to the street.

It is proposed to construct a full brick outbuilding in the rear corner of the site. The outbuilding will be irregular in shape, measuring 12.575m along each adjoining boundary alignment and 6.943m to each front elevation.

The proposal will replace the existing outbuildings measuring over 50 square metres and will accommodate a large garage and storage/workbench area, having a total floor area of 93.69 square metres. It has been indicated by the owner that the outbuilding will house two (2) private motor vehicles, one (1) tradesman's van and a trailer, as well as storage for household and gardening items.

The outbuilding has been designed to occupy an area of the site which is difficult to maintain or utilise. As the allotment of land is 973.56 square metres, the proposal falls well within the scope of Council's adopted Code for such outbuildings, the siting requirements of the Local Government (Approvals) Regulation and with Council's Residential Development Control Plan.

Council has invited the adjoining landowners by letter dated 9th February, 1995 to comment on the proposals. No letters of objection have been received.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.02.01 DEVELOPMENT & HEALTH

HEADING: Recommendation 4 LOWANA PLACE, BEVERLY HILLS (HV WARD) Rear Detached Garage and Storage Outbuilding
(Report by Environmental Health & Building Surveyor, Mr P McInnes)

06.02.01 Recommendation 4 LOWANA PLACE, BEVERLY HILLS (HV WARD) Rear Detached Garage and Storage Outbuilding
(Report by Environmental Health & Building Surveyor, Mr P McInnes)


RECOMMENDATION

THAT the building application be approved, subject to standard conditions 1-12 and the following additional conditions:-

13. GS120 - please delete last sentence (Before any ...)
14. GS760
15. GS1160
16. RD040 - 10mm
17. RD090 - proposed outbuilding
18. ST080, ST100
19. ST160
20. ST250
21. Under no circumstances shall the site be filled. All structural
slab and footing works are to be constructed at and below
natural ground levels.
22. All external walls shall be in face brick with mortar joints
raked and cleaned and being of a texture and colour to
match that of the adjoining dwellings.
23. The proposals shall NOT extend beyond the Dining Room window
of the north-eastern wall of the adjoining premises, No 6 Lowana
Place.
24. Under no circumstances shall the height dimensions on these
plans be increased.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.02.02 DEVELOPMENT & HEALTH

06.02.02 30 WELLINGTON ROAD, HURSTVILLE (HV WARD) Carport
(Report by Environmental Health & Building Surveyor, Mr R Larter)

Applicant: R H Fossey (BA 79/95)
Proposed: Carport

Referred for: Non-compliance with Council's Residential
Development Control Plan.

The subject site is located within Development Area B.

The building design does not comply with Council's Residential Development Control Plan in the following respects:-

1. Requirement of Code: Setbacks from any street boundary will
be determined by the character of the street and setbacks of
buildings. Generally, setbacks of up to 25% less than that of
adjacent development will be permitted, with a minimum setback
of 3m.

Description of Non-compliance: The proposed carport will extend to within 500mm of the front boundary which is an encroachment of the
3 metre required setback. Adjoining dwellings are set back on a 6m building line, therefore a 25% setback less than adjoining dwellings would be 4.5m.

There is an existing hard stand area with access via a vehicular crossing where the carport is proposed to be situated. There is no other suitable location on site for this structure.

The matter has been notified to adjoining owners and no objections have been received.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.02.02 DEVELOPMENT & HEALTH

HEADING: Recommendation 30 WELLINGTON ROAD, HURSTVILLE (HV WARD) Carport
(Report by Environmental Health & Building Surveyor, Mr R Larter)

06.02.02 Recommendation 30 WELLINGTON ROAD, HURSTVILLE (HV WARD) Carport
(Report by Environmental Health & Building Surveyor, Mr R Larter)


RECOMMENDATION

THAT the building application be approved, subject to standard conditions 1-12 and the following additional conditions:-

13. ST080, ST100

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.03 DEVELOPMENT & HEALTH

06.03 BUILDING APPLICATIONS - PENSHURST WARD

THERE ARE NO BUILDING APPLICATIONS IN RESPECT OF THE PENSHURST WARD FOR THIS MEETING

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.04 DEVELOPMENT & HEALTH

06.04 BUILDING APPLICATIONS - PEAKHURST WARD

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.04.01 DEVELOPMENT & HEALTH

06.04.01 8 WREN PLACE, LUGARNO (PK WARD) Extensions to Existing Dwelling
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)

Applicant: Mr C Gordon (BA 935/94)
Proposed: Extensions to Existing Dwelling

Referred for: 1. Non-compliance with Council's Residential
Development Control Plan.
2. Letter of comment from adjoining property owner.

The application involves the construction of a two (2) storey extension and an attached carport to the southern and eastern sides of the existing dwelling.

The site is located on the north-western corner of the cul-de-sac, in Development Area A. Landfall is moderate to steep away from the street.

The building design does not comply with Council's Residential Development Control Plan in the following respects:-

1. Requirement of Code: Compliance with the building envelope.

Description of Non-compliance: The top part of the ground floor and the eaves and gutter of the proposed extension encroach on the building envelope. It should be noted that the encroachment is caused by the fall of the site.

The following points should be noted:-

(a) A letter of comment has been received from the northern side
adjoining property owner (No 9 Wren Place) mainly in relation to
civil matters concerning the application. Otherwise, there have been
no responses received from adjoining property owners.

(b) The proposed extensions match the architectural style of the existing
dwelling.

(c) Apart from the previously mentioned matter, the proposed extensions
comply with the requirements of the Residential Development Control
Plan, the Building Code of Australia and the Local Government
(Approvals) Regulation.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.04.01 DEVELOPMENT & HEALTH

HEADING: Recommendation 8 WREN PLACE, LUGARNO (PK WARD) Extensions to Existing Dwelling
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)

06.04.01 Recommendation 8 WREN PLACE, LUGARNO (PK WARD) Extensions to Existing Dwelling
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)


RECOMMENDATION

THAT Council allow the variations to the Residential Development Control
Plan.

FURTHER, THAT the building application be approved, subject to standard conditions 1-12 and the following additional conditions:-

13. GS010 .. pouring of concrete for the raft slab
14. GS030
15. GS190, GS201, GS316, GS381, GS390
16. GS540
17. GS570
18. GS610
19. GS641
20. GS660
21. GS751
22. GS760
23. GS1160
24. GS1170
25. RD020
26. RD150
27. RD160
28. RD220
29. RD240
30. RD260
31. SP011
32. The west facing basement floor window must restrict access to
the existing swimming pool area in compliance with the
requirements of the Swimming Pools Act, 1992.
33. The east facing gable end of the proposed attached carport must
be clad with a non-combustible material.
34. ST080, ST100
35. ST240

AND FURTHER, THAT the adjoining property owner be notified of
Council's decision.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.04.02 DEVELOPMENT & HEALTH

06.04.02 9 MARINE DRIVE, OATLEY (PK WARD) Extension to Existing Garage
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)

Applicant: Mrs J Pusey (BA 928/94)
Proposed: Extension to Existing Garage

Referred for: Non-compliance with Council's Residential
Development Control Plan.

The application involves the erection of an extension of brick construction with a metal roof to the northern side of the existing garage. It should be noted that the existing garage has a clearance of 410mm from the front boundary.

The site is located on the eastern side of the westernmost part of Marine Drive, five (5) doors south of the end of Baker Street, in Development Area A.

The building design does not comply with Council's Residential Development Control Plan in the following respects:-

1. Requirement of Code: Garages and carports fronting a street setback
must be behind the alignment of the front facade of the dwelling or
a minimum of 4.5m from the front boundary, whichever is greater.

Description of Non-compliance: The proposed work extends along the same line as the front of the existing garage but has a variable setback of between 1.2m to 2m to the allotment boundary, which is due to the splayed shape of the block.

The following points should be noted:-

(a) Due to the nature of the site (i.e. the splayed frontage and the fact
that the level of the front yard is about 2m to 3m above the level of
the footpath), a relocation of the garage behind the 4.5m clearance
would involve additional excavation which would impose
financial hardship on the applicant, and may not be as
aesthetically acceptable.

(b) With the exception of the abovementioned matter, the proposed
extension complies with the requirements of the Residential
Development Control Plan, the Building Code of Australia and the
Local Government (Approvals) Regulation.

(c) There have been no responses received from the adjoining property
owners.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.04.02 DEVELOPMENT & HEALTH

HEADING: Recommendation 9 MARINE DRIVE, OATLEY (PK WARD) Extension to Existing Garage
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)

06.04.02 Recommendation 9 MARINE DRIVE, OATLEY (PK WARD) Extension to Existing Garage
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)


RECOMMENDATION

THAT Council allow the variation to the Residential Development Control
Plan.

FURTHER, THAT the building application be approved, subject to standard conditions 1-12 and the following additional conditions:-

13. GS010 .. pouring of concrete for the strip footings
14. GS020 .. garage extension
.. 1.2m
15. GS080 .. RL 42.565
.. 30/3/95
16. GS190, GS201, GS316, GS340
17. GS630
18. GS760
19. GS1170
20. ST080, ST140
21. The applicant must provide a 2m long x 2m wide splay to the
north-western corner of the garage extension in order to
provide lateral vision to oncoming traffic.
22. The floor level of the proposed extension must not exceed
RL 42.565.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.04.03 DEVELOPMENT & HEALTH

06.04.03 8 ANDERSON ROAD, MORTDALE (PK WARD) Detached Garage
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)

Applicant: Mr B Harper (BA 142/95)
Proposed: Detached Garage

Referred for: (i) Consideration of outbuilding with floor area in excess
of 55 square metres as required by Council's Policy
on Outbuildings.

(ii) Non-compliance with Council's Residential
Development Control Plan.

The subject land is located on the northern side of Anderson Road, six (6) doors west of the intersection with Boundary Road, in Development Area B. Land fall is away from the street.

The site is 12.19m wide x 44.81m long and is developed with a cement sheet clad dwelling, set back approximately 6m from the front boundary, with clearances of 1.3m and 2.7m from the eastern and western side boundaries respectively.

The site is also developed with two (2) detached outbuildings to the rear of the existing dwelling.

The application involves the construction of a detached garage/storeroom, 9.1m long x 6.1m wide x 4.6m high, to be located 675mm from the rear boundary, with clearances of 2m and 450mm from the eastern and western side boundaries respectively.

The proposed garage has a total floor area of 55.5 square metres and complies in terms of the overall site floor space ratio.

The adjoining property owners have been notified, in accordance with Council's Policy, and no responses have been received.

The applicant has advised that the proposed outbuilding will replace an existing fibro garage located to the rear of the existing dwelling and adjoining the western side boundary.

The building design does not comply with Council's Residential Development Control Plan in the following respects:-

1. Requirement of Code: The proposed outbuilding must not encroach
on the building envelope.

Description of Non-compliance: The western ridge line of the proposed outbuilding forms a minor encroachment, and will not unduly affect the amenity of the adjoining properties.

2. Requirement of Code: All residential developments in Development
Area B must provide a minimum of 50% of the total site area as
landscaped open space.

Description of Non-compliance: The proposal allows for landscaping of 46% of the site area. This reduction is mainly due to the construction of the driveway to the proposed outbuilding.

Comment:

It should be noted that the size of the outbuilding is not considered to be excessive considering the area of the block (i.e. 546 square metres) and will be a marginal encroachment of Council's Policy in terms of floor area. In addition, the proposed outbuilding will have little effect on the amenity of the adjoining properties.

With regard to the landscape requirement being exceeded, it is mentioned that the garage could be required to be located closer to the dwelling, thereby reducing the length of the driveway in order to achieve the 50% landscape open space.

However, siting the garage at the rear means there is open space available in the middle of the block which is of greater benefit to the occupants of the property.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.04.03 DEVELOPMENT & HEALTH

HEADING: Recommendation 8 ANDERSON ROAD, MORTDALE (PK WARD) Detached Garage
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)

06.04.03 Recommendation 8 ANDERSON ROAD, MORTDALE (PK WARD) Detached Garage
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)


RECOMMENDATION

1. THAT Council allow the variation to its Policy on the size of
outbuildings.

2. THAT Council allow the variations to the Residential Development
Control Plan.

3. THAT the building application be approved, subject to standard conditions 1-12 and the following additional conditions:-

13. GS010 .. pouring of concrete for strip footings
14. GS630
15. GS760
16. GS1160
17. RD090 .. detached outbuilding
18. ST080, ST130
19. The driveway must be graded away from the adjoining
properties.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.04.04 DEVELOPMENT & HEALTH

06.04.04 11 HYMEN STREET, PEAKHURST (PK WARD) Detached Garage
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)

Applicant: Mr S Elms (BA 59/95)
Proposed: Detached Garage

Referred for: 1. Consideration of outbuilding with floor area in excess
of 55 square metres as required by Council's Policy
on Outbuildings.

2. Non-compliance with Council's Residential Development Control Plan.

The subject land is located in Development Area A on the south-eastern corner of the intersection of Elwin and Hymen Streets, and has frontage to the latter street. There is a reasonably steep fall away from Hymen Street. The site is irregular in terms of shape and is developed with a brick and tile cottage, set back 1200mm from Elwin Street.

The application involves the construction of a detached brick and metal roofed outbuilding at the rear with entry from Elwin Street. The proposed outbuilding measures 12.47m long x 7.67m wide, with height varying from 4.4m (western elevation) to 6.2m (eastern elevation), and is to be located 600mm from the rear boundary, with clearances of between 835mm, at the closest point, from the western boundary and 450mm from the Elwin Street alignment.

The proposed outbuilding has a floor area of 95.6 square metres. It may be worth noting that the combined floor space ratio will be 0.34:1.

The adjoining property owners have been notified, in accordance with Council's Policy, and no responses have been received.

The applicant has advised that the proposed outbuilding is required in order to accommodate two (2) vehicles and a boat.

The building design does not comply with Council's Residential Development Control Plan in the following respects:-

1. Requirement of Code: The proposal must comply with the
building envelope.

Description of Non-compliance: The eastern and western ends of the ridge line of the proposed outbuilding encroach on the building envelope. The largest encroachment is on the eastern elevation due mainly to the steep fall of the site towards the south-eastern corner of the site.

It should be noted that a re-design in order to comply with the building envelope may cause problems in terms of vehicular access as the driveway gradient will be increased, and a drainage problem may be created from runoff from the driveway.

Comment:

It should be noted that the size of the outbuilding is not considered to be excessive considering the area of the block (i.e. 697 square metres). The proposal will not affect the amenity of the adjoining properties.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.04.04 DEVELOPMENT & HEALTH

HEADING: Recommendation 11 HYMEN STREET, PEAKHURST (PK WARD) Detached Garage
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)

06.04.04 Recommendation 11 HYMEN STREET, PEAKHURST (PK WARD) Detached Garage
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)


RECOMMENDATION

1. THAT Council allow the variation to its Policy on the size of
outbuildings.

2. THAT Council allow the variation to the Residential Development
Control Plan.

3. THAT the building application be approved, subject to standard conditions 1-12 and the following additional conditions:-

13. GS010 .. pouring of concrete for strip footings
14. GS030
15. GS190, GS370
16. GS530
17. GS630
18. GS830
19. GS760
20. GS1160
21. GS1170
22. RD090 .. detached outbuilding
23. RD250
24. ST080, ST100

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.04.05 DEVELOPMENT & HEALTH

06.04.05 59A YARRAN ROAD, OATLEY (PK WARD) Two (2) Storey Dwelling
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)

Applicant: Mr M Phillips (BA 159/95)
Proposed: Two (2) Storey Dwelling

Referred for: (a) Non-compliance with Council's Residential
Development Control Plan.

(b) Letter of comment from an adjoining property owner

The application involves the erection of a two (2) storey pole house of timber construction with a metal roof.

The site is located on the eastern side of Yarran Road, nine (9) doors north of the intersection with Southern Street, in Development Area A. The site has a battle-axe shape with a very steep fall to the Railway Line.

The building design does not comply with Council's Residential Development Control Plan in the following respects:-

1. Requirement of Code: The proposed dwelling must comply with
the building envelope.

Description of Non-compliance: The following areas encroach on the building envelope:-

(a) Section A-A
(i) Approximately 50% of the entry/study - Entrance
level.
(ii) About 40% of the eastern part of Bedroom 3 -
Bedroom level.
(iii) Approximately 10% of the eastern side of the kitchen -
Living level.

(b) Section B-B
(i) Northern part of the hallway and 60% of Bedroom 3
and south facing balcony - Bedroom level.
(ii) The northern corner of the lounge and north facing
balcony - Living level.

(c) Section C-C
(i) About 60-70% of the attached double garage and
all of the entry - Entrance level.
(ii) Part of hallway, Bedroom 3 and 40% of Bedroom 2 -
Bedroom level.

(d) West Elevation
(i) The pitched roof of the entry/study.
(ii) The southern part of the garage parapet wall.

Comment:

The fall of the site is very steep (i.e. 45% to 50%) which would make conventional construction very difficult. Consequently, the only practical option, in terms of residential development, is for a dwelling of "pole house" type design.

This means that while there will be an increase in terms of height, there will be less need for excavation and site disturbance which may cause problems in terms of landslip or differential movement.

As the proposed dwelling is located a considerable distance away from the dwellings on the adjoining properties, the increase in overall height will not affect the amenity of the adjoining properties.

The adjoining property owners have been notified, in accordance with Council's Policy, and a letter of comment has been received from a consultant representing the owner of the front (western) adjoining property (i.e. No 59 Yarran Road).

The consultant has raised the following issues:-

(a) Suggested that the trees adjoining the proposed dwelling be
retained without the need for trimming or lopping.

Response: It should be noted that the trees which are in close
proximity to the proposed dwelling (i.e. closer than 3m), may
result in leaves being deposited in the roof gutter, thereby creating
a potential drainage problem.

It should also be noted that:-

(i) The retention of trees could cause problems in terms of
access and working area, during construction.
(ii) There are a number of trees on site and those trees
outside of the three (3) metre radius of the external walls
are to be retained.
(iii) The Tree Preservation Officer has been consulted and has
granted approval for the removal of trees within five (5)
metres of the proposed dwelling.

(b) Suggests a relocation of the attached garage to the front (western)
boundary in order to retain existing views from the rear yard area.

Response: The following points should be noted:-

(i) The attached garage is to be located substantially lower than
the existing rear yard area of No 59 due to the fall of the site
and therefore will only have a marginal impact on the
existing views.
(ii) The unobstructed water views currently enjoyed from
No 59 are mainly in a north-east direction and whatever
views facing east that are present over the proposed garage
are currently obstructed by trees.
(iii) A relocation of the garage towards the western (front)
boundary would unnecessarily complicate vehicular
access which will already be difficult considering the
gradient of the driveway.

(c) Concerned about the pitched roof over the study and the possible
effect in terms of loss of views.

Response: As previously mentioned, the unobstructed water views
from the rear yard area of No 59 are mainly in a north-easterly
direction.

This means that the roof over the study will have, at worst, a
marginal impact on the water views.

In summary, there are insufficient grounds raised in the objection to justify the refusal of the application.

Apart from the abovementioned matters, there have been no objections received from the adjoining property owners.

The applicant has stated that he has located the proposed dwelling below the cliff face in order to reduce the effect on the adjoining properties.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.04.05 DEVELOPMENT & HEALTH

HEADING: Recommendation 59A YARRAN ROAD, OATLEY (PK WARD) Two (2) Storey Dwelling
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)

06.04.05 Recommendation 59A YARRAN ROAD, OATLEY (PK WARD) Two (2) Storey Dwelling
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)


RECOMMENDATION

1. THAT Council allow the variation to the Residential Development
Control Plan.

2. THAT the building application be approved, subject to standard conditions 1-12 and the following additional conditions:-

13. GS010 .. pouring of concrete for strip footings for
attached garage
14. GS030
15. GS090 .. RL 37.00
16. GS100
17. GS190 .. GS201, GS316, GS330, GS381
18. GS400
19. GS530
20. GS600
21. GS601
22. GS630
23. GS641
24. GS751
25. GS771 .. all balconies
26. GS780 .. No 59A
27. GS1160
28. GS1170
29. RD020
30. RD240
31. RD260
32. ST080, ST130
33. ST230
34. ST250
35. The ridge line of the proposed dwelling must not
exceed RL 42.30 and the top surface of the bedroom
level must not exceed RL 34.00 as related to the bench
mark shown on the plan by Registered Surveyor
A.B. Stephens and Associates, dated 17th September,
1994 (Reference No. 9482). Prior to inspection of
framework, a check survey must be submitted verifying
that the abovementioned levels have not been exceeded.

3. THAT the consultant be notified of Council's decision.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.04.06 DEVELOPMENT & HEALTH

06.04.06 9 BOATWRIGHT AVENUE, LUGARNO (PK WARD) First Floor Addition, Attached Double Garage and Brick Veneering of Dwelling
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)

Applicant: Mr & Mrs C Hamer (BA 161/95)
Proposed: First floor addition, attached double garage and
brick veneering of dwelling

Referred for: (a) Consideration of external wall of attached garage
to within 300mm of side boundary.
(b) Non-compliance with Council's Residential
Development Control Plan.

The subject land is located on the western side of Boatwright Avenue, six (6) doors north of the intersection with Commission Street, in Development Area A. Landfall is to the street.

The site is currently developed with a fibro and tile dwelling, set back 7.5m from the front boundary, with clearances of 5.35m and 6.1m from the northern and southern side boundaries respectively.

The site is also developed with an existing detached garage in the south-western corner and has a number of substantial trees located between the dwelling and the northern side boundary.

The application involves the following:-

(a) Construction of a first floor addition of brick veneer construction
with a tile roof.
(b) Brick veneering of the existing dwelling.
(c) The erection of an attached double garage, also of brick
construction with a tile roof, to extend to within 300mm of the
southern side boundary.

The adjoining property owners have been notified and no responses have been received.

The provisions of Clauses 57(1)(b) and (2) of the Local Government (Approvals) Regulation state where a garage is attached to a Class 1 dwelling, the external wall of that garage is taken to be the external wall of the dwelling and therefore requires a 900mm clearance from the side boundary.

Section 82 of the Local Government Act 1993 makes provision for an applicant to lodge an objection against the provisions of certain building regulations, and for Council to set aside those regulations if it considers the objection is well founded and the concurrence of the Director-General of the Department of Local Government and Co-operatives is obtained.

The applicant has submitted a letter dated 6th April, 1995 in support of the application stating the following:-

"Please find attached an application for the approval of plans relating to a second storey addition and double garage for the above address.

We are aware that the proposed double garage is less than 900mm from the boundary line but would appreciate it if you could assess it as an individual case due to the following circumstances.

1. The garage complies with the Residential Development
Control Plan, Hurstville Council (page 36)
- The wall height is less than 3m
- The wall length is less than 35% of the
abutting side boundary (actual 25.5%)
- The wall length is less than 10m (actual 7m)
- No disadvantage to the adjacent property
will occur as the wall will face the side fence
of the adjacent property. The dwelling on
the adjacent property is over 2m away from
the boundary.

2. Due to the width of the block and present position of the
house it is not possible to reduce the width of the garage
and for it still to be functional.

3. It is not possible to utilise the other side of the property
to build another garage due to the position of a large
gum tree and other native trees.

4. We require two cars in our family as we have two young
children and the transport problems related to the
location of Lugarno.

5. We feel that it would be unsafe to provide undercover
parking in the front of our property due to the sloping
nature of the allotment.

6. Our neighbours are in favour of the development and
made no objections to our plans.

7. We have noticed that there are other properties in
the area that have received approval recently and
in the past.

Examples of these are:
239 Dora St, Hurstville 289 Dora St, Hurstville
1 Green Place, Peakhurst 291A Dora St, Hurstville
849 Forest Road, Peakhurst 2 Boatwright Ave, Lugarno
38 Taffs Ave, Lugarno 34 Taffs Ave, Lugarno
12 Renway Pl, Lugarno 14 Renway Pl, Lugarno

8. The proposed development will add to the value of
surrounding properties.

We have been advised by representatives of the council, that to comply with the external building regulations (S 57) we need to show exceptional circumstances in regards to our site. With "exceptional circumstances" shown, the legislation allows a wall with no windows to be built within 900mm of the boundary. We feel that due to the circumstances highlighted above (1-8), we more than satisfy this requirement and have proved exceptional circumstances.

Please do not hesitate to contact us if you have any questions regarding our proposed renovations."

The applicant has also advised that he feels that as the proposed garage complies with the Residential Development Control Plan, then a Section 82 objection is not required.

It should be noted that the requirements of the Residential Development Control Plan do not supersede the provisions of the Local Government (Approvals) Regulation, which means that a Section 82 objection is required.

Apart from the abovementioned matter, it is considered that the grounds for objection are well founded and that Council should support the application.

Council's Tree Preservation Officer has inspected the tree adjoining the northern side boundary and advises that the tree is healthy, stable, has aesthetic value and has recommended that the tree be retained.

It should also be noted that the construction of the south facing wall of the attached garage has no windows, is in solid brickwork and complies with the requirements of Specification C1.9 of the Building Code of Australia in terms of fire separation.

The application has been assessed under Council's Residential Development Control Plan and does not comply with the following requirements:-

1. Requirement of Code: The proposal must provide an unshaded
northern elevation and a protected western elevation.

Description of Non-compliance: The following windows do not
comply:-
(a) Ground Floor:
(i) Family room sliding glass door
(ii) Bathroom window

(b) First Floor:
(i) Bedroom 3 window

The ground floor window/door will be shaded by the dwelling on
the western (rear) adjoining property. The first floor window will
be shaded by the eaves and gutter.

2. Requirement of Code: Buildings must have a maximum straight
length of 6m to the street frontage.

Description of Non-compliance: The east facing first floor wall is directly over the existing ground floor wall. This is required in order to reduce the cost of structural support.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.04.06 DEVELOPMENT & HEALTH

HEADING: Recommendation 9 BOATWRIGHT AVENUE, LUGARNO (PK WARD) First Floor Addition, Attached Double Garage and Brick Veneering of Dwelling
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)

06.04.06 Recommendation 9 BOATWRIGHT AVENUE, LUGARNO (PK WARD) First Floor Addition, Attached Double Garage and Brick Veneering of Dwelling
(Report by Environmental Health & Building Surveyor, Mr C Donnellan)


RECOMMENDATION

1. THAT Council support an objection lodged with it by the
Applicant made under the provisions of Section 82 of the
Local Government Act 1993 ("the Act") objecting to the
application of the undermentioned provisions of the
Local Government (Approvals) Regulation 1993 upon
the grounds stated in letter dated 6th April, 1995.

Provision Objected To:

Clauses 57(1)(b) and (2)

2. THAT Council grant delegated authority to the General
Manager to determine the building application in the event
that the concurrence of the Director General of the
Department of Local Government and Co-operatives is
granted in respect of the subject objection; and

3. THAT in the event of the building application being approved
by the General Manager, the date of determination of the
application and the date from which that approval operates
shall be the date when approval was granted by the General
Manager; and

4. THAT should the delegation contained in paragraph 2 hereof
be contrary to or conflict with any previous delegation made by
the Council under Section 377 of the Act or sub-delegation made
by the General Manager under Section 378 Sub-Section (2) of
the Act then the delegation contained in this resolution shall
prevail in respect of the determination of the subject
application.

5. THAT Council allow the variations to the Residential Development
Control Plan as detailed in items 1 and 2 of the report.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.04.07 DEVELOPMENT & HEALTH

06.04.07 1A BARR STREET, MORTDALE (PK WARD) Single Carport
(Report by Environmental Health & Building Surveyor, Mr G Champion)

Applicant: E Forrester (BA 185/95)
Proposed: Single Carport

Referred for: Non-compliance with Council's Residential
Development Control Plan.

The site is located on the eastern side of Barr Street, one (1) door from the corner of Roberts Avenue, and is located in Development Area A.

It is proposed to erect a single metal carport forward of the existing dwelling.

The carport does not comply with Council's Residential Development Control Plan in the following respects:-

1. Requirement of Code: Carports fronting a street setback must
be behind the alignment of the front facade of a dwelling, or a
minimum of 4.5m from the street boundary, whichever is greater.

Description of Non-compliance: The carport will be located forward of the existing dwelling and will encroach the 4.5m building setback by 3.8m.

The existing garage adjacent to the dwelling accommodates only one (1) vehicle and due to the levels of the site, vehicular access behind the garage is not practicable.

The location of the carport is the only option available to provide additional covered carparking space.

2. Requirement of Code: Carports must not visually dominate the
street facade and must be compatible with the building design.

Description of Non-compliance: The metal deck carport is not compatible with the design of the existing dwelling which is brick and tile construction.

It is considered that the carport will not visually dominate the street facade as the boundary fence adjoining the property in Roberts Avenue extends along the Barr Street frontage at a height of 1.83m and will prevent any impact of the carport on the streetscape.

The application has been notified to adjoining landowners and no written submissions have been received.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.04.07 DEVELOPMENT & HEALTH

HEADING: Recommendation 1A BARR STREET, MORTDALE (PK WARD) Single Carport
(Report by Environmental Health & Building Surveyor, Mr G Champion)

06.04.07 Recommendation 1A BARR STREET, MORTDALE (PK WARD) Single Carport
(Report by Environmental Health & Building Surveyor, Mr G Champion)


RECOMMENDATION

THAT Council allow the encroachment of the street setback,

FURTHER, THAT the building application be approved, subject to standard conditions 1-12 and the following additional conditions:-

13. GS630
14. ST080, ST140

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.05 DEVELOPMENT & HEALTH

06.05 MISCELLANEOUS AND OTHER MATTERS

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.05.01 DEVELOPMENT & HEALTH

06.05.01 3 GUNGAH BAY ROAD, OATLEY (PK WARD) Temporary Occupation of Caravan
(Report by Environmental Health & Building Surveyor, Mr G Champion)

Applicant: N & J Betson
Proposed: Temporary Occupation of Caravan

The site is located on the eastern side of Gungah Bay Road, two (2) doors from the corner of Roberts Avenue, in Development Area A.

Council, at its meeting on 15th March, 1995, approved the construction of a new two (2) storey dwelling under Building Approval 875/94.

The applicant has now requested permission to occupy a caravan in the rear yard area for a period of five (5) months during construction of the dwelling. Sanitary and laundry facilities will be provided by use of the existing laundry at the rear of the site.

The caravan will be located beneath an existing double carport. The occupation of the caravan is unlikely to have an effect on the adjoining landowners.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.05.01 DEVELOPMENT & HEALTH

HEADING: Recommendation 3 GUNGAH BAY ROAD, OATLEY (PK WARD) Temporary Occupation of Caravan
(Report by Environmental Health & Building Surveyor, Mr G Champion)

06.05.01 Recommendation 3 GUNGAH BAY ROAD, OATLEY (PK WARD) Temporary Occupation of Caravan
(Report by Environmental Health & Building Surveyor, Mr G Champion)


RECOMMENDATION

THAT permission to occupy the caravan be given, subject to the applicant lodging with the Council a suitable cash bond or bank guarantee to the value of $5,000 as surety for the vacation of the caravan within six (6) months, or upon completion of the dwelling house, whichever is the sooner.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.05.02 DEVELOPMENT & HEALTH

06.05.02 41 SMITHS AVENUE, HURSTVILLE (HV WARD) Application for Building Certificate
(Report by Environmental Health & Building Surveyor, Mr R Larter)

Applicant: Mr N Kafes
Proposed: Application for Building Certificate

Referred for: Non-compliance with side boundary setback and eaves
and gutter setback.

The subject site is located within Development Area B.

A building application for the erection of a single storey brick dual occupancy dwelling at the rear of the site was approved under delegated authority on 6th October, 1994 (Building Approval 725/94).

A frame inspection was undertaken on the site on 3rd January, 1995, at which time the applicant was requested to submit a survey detailing the siting of the building and eaves and gutter clearances.

The following correspondence dated 5th January, 1995 was then received:-

"I wish to make an application to vary the required distance from the boundary to the gutter from the required 675mm to 565mm.

Because of a misreading of the plans the carpenters thought that 675mm was the minimum distance from the boundary to the eaves.

If it is necessary to rectify this mistake it would cost me a substantial amount of money since the roof timbers, fibro soffit and barge boards are all complete.

The impact of this 110mm difference will be negligible to the neighbours because there are buildings and garages on these sides built right on the boundary without any setbacks."

A copy of a survey prepared by Tarquin Surveying Pty Ltd dated 16th January, 1995 was then submitted on 16th February, 1995 which shows an encroachment of the north-eastern wall of the dwelling to the side boundary. The wall has been situated 830mm in lieu of the required 900mm, being an encroachment of 70mm.

Eaves and gutter setbacks along the same boundary are from 490mm to 560mm in lieu of the required 675mm.

An application for issue of a Building Certificate was received on 27th March, 1995, together with the following correspondence:-

"I wish to make an application for you to accept a variation to the minimum side boundary setback for the house I am now building at the above location.

Because we misread the distance from the surveyor's peg mark, the front western boundary distance is 830mm instead of the required distance of 900mm. (This is shown on the Surveyors Report attached).

This will have minimum impact to the area because:-

i/ The adjoining building is built right on the boundary.

ii/ The only window in my house along that side wall is the
bathroom window, which is located midway along that wall.

iii/ The next door neighbour has indicated no objection to
this distance."

From conversations with the surveyor, it would appear that the most likely cause of this error could be the accidental movement of the surveyor's peg during excavation or other site works.

The dwelling has been substantially completed at this time and any rectification works or demolition would incur extensive cost.

It is also doubtful if a demolition order would be upheld by the court in this instance.

The following courses of action are available:-

1. Refuse the application for the Building Certificate due to the existence
of the building work not erected in accordance with the approved
plans.

(a) Issue a notice of intent to serve an Order No 30 of Section 124 of the Local Government Act 1993.

(b) If an unsatisfactory response or no response, issue an Order 30.

2. Accept the existing boundary setbacks and issue the Building Certificate.

The encroachment of the wall and eaves and gutters have a relatively small impact on the adjoining property and development as a whole.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.05.02 DEVELOPMENT & HEALTH

HEADING: Recommendation 41 SMITHS AVENUE, HURSTVILLE (HV WARD) Application for Building Certificate
(Report by Environmental Health & Building Surveyor, Mr R Larter)

06.05.02 Recommendation 41 SMITHS AVENUE, HURSTVILLE (HV WARD) Application for Building Certificate
(Report by Environmental Health & Building Surveyor, Mr R Larter)


RECOMMENDATION

THAT a Building Certificate be issued.

HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.05.03 DEVELOPMENT & HEALTH

06.05.03 POLICY REGARDING THE KEEPING OF ANIMALS AND BEES AT PREMISES WITHIN THE HURSTVILLE COMMUNITY
(Report by Manager - Environmental Services, Mr G Young)

1. Introduction

Consideration has been given by Council to the Draft Local Orders Policy at its meetings held on 24th August, 1994 and on 18th January, 1995. At the latter meeting, the Council resolved to hold a workshop with invited speakers from the pet industry and relevant animal groups or societies.

At its meeting held on 1st February, 1995, the Council fixed the date for the Workshop, namely 8th March, 1995. The list of invited speakers and the Agenda for the Workshop was agreed to by the Council at its meeting held on 22nd February, 1995.

A copy of the Draft Local Orders Policy, as amended, for consideration by the Council at its meeting held on 18th January, 1995 is distributed under separate cover with the business paper reports. This report will attempt to summarise the submissions made by the various speakers at the Workshop (both oral and written) and comment upon the advisability of adopting into the policy the various submissions made at the Workshop.

2. The Workshop

The Workshop was attended by 33 persons, either as individuals or as representatives of the various animal groups or societies. The workshop was chaired by the Mayor, Councillor B McDonald, with Councillors Giegerl, Stoddart, Ficarra, Lynch, Swanton and Pickering in attendance. An apology was tendered by Councillor Bailey. Officers in attendance were Messrs Loveridge, Young and Harris.

The consensus at the meeting was that the Draft Policy is generally very acceptable and suitable for adoption, the main reservation being the stipulation on numbers of animals. Further comment will be made on this aspect of the Policy in the conclusions to this report.

The following speakers addressed the Workshop:-

Alan Reid Chairman of the Judges Committee
Budgerigar Society of NSW

Geraldine Henshaw General Manager
The Australian Pigeon Fanciers Association
Inc.

Trevor Cartwright Hon. Secretary
Oatley RSL & District Amateur Pigeon Club

Mr Brian Healy Secretary
Associated Bird Keepers and Traders Inc.

Norma Faulkner Hon. Secretary (DABS)
Domestic Animal Birth-Control
Cooperative Society Ltd.

Martin Watkins Publicity Officer
Royal NSW Canine Council Ltd.

Chris Johnston Johnston's Dog School Peakhurst

Steve Yeo Executive Director
Pet Industry Joint Advisory Council of
Australia Ltd.

The various submissions by the speakers and the comments made in the general discussion period of the meeting were recorded. Each of the Councillors present expressed a viewpoint on several of the issues raised during the meeting.

3. Submissions for Amendments to Draft Policy

For the purpose of clarity, a summary of the submissions relative to the text of the Draft Policy is submitted below, with the views of the undersigned shown in brackets following as either (agree to) or (not advisable) or (submitted for determination of the Council).

The submission by the speakers at the Workshop are listed below for consideration by Council.

(a) On Page 6 of the Draft Policy, column 4, it is proposed that
"all birds should be kept in accordance with the Code of Ethics produced by the Associated Birdkeepers and Traders Inc."

A submission was made that this wording should be changed to " ... Code of Ethics of the appropriate bird or animal society". Because the ABT Code encompasses all species of birds, no useful purpose can be seen in changing this requirement.
(Not advisable)

(b) Also on page 6 of the Draft Policy, column 2, the revised
policy refers to membership of "Official Avicultural Societies". It was suggested that this wording be varied to read "any bird club or avicultural society affiliated with either the Associated Birdkeepers and Traders or the Canary and Cage Bird Federation of Australia or membership of such organisation". This wording could be added as NOTE 'D' on page 9 of the policy. (Agree to)

(c) Also on page 6 of the Draft Policy, column 3, arbitrary
distances are specified in respect of cockatoos and long-billed corella.

It was suggested that these distances can not be justified. Therefore the words appearing at the head of column 3 should be repeated for the cockatoo and long-billed corella. (Agree to)

(d) On page 4 of the Draft Policy, pheasants are included with
other poultry. It was submitted that pheasants are small birds usually kept in aviaries. It is therefore proposed to delete "pheasants" from the text in column 1 of page 4 of the Draft Policy. (Agree to)

(e) On page 2 of the Draft Policy, Section 4, second dot point,
the phrase "attract or provide harbourage for vermin" appears. It was suggested that the word "encourage" be substituted for "attract", (Agree to)

(f) On page 5 of the Draft Policy, column 3, the minimum
distance of pigeon lofts from certain buildings is specified as being 15m. It was suggested that the distance of 9m as applicable in the Wollongong Code be substituted in the Hurstville Policy.

A reduction in the distance of 15m is not supported, however the following words could be included in column 2:- "This measurement is from the pigeon loft to the nearest window, door or open verandah or balcony of neighbouring dwellings, schools, etc and does not apply to dwelling on the subject site." (Agree to)

(g) Reference to the "number" of animals is made throughout
the Draft Policy. This was the main issue discussed during the Workshop. Some of the speakers argued that there should be no restriction on the number of cats or dogs, in particular.

It is acknowledged that there have been several recent Court cases where Councils have failed to have the Court uphold decisions to have the numbers of cats and pigeons restricted or reduced at a premises. Nevertheless, the Local Government Act specifically empowers Councils to give Orders - "Not to keep birds or animals on premises, other than of such kinds, in such numbers or in such manner as specified in the Order". An order may only be given when, in the opinion of the Council, "the animals or birds are ....... of an inappropriate kind or number or are kept inappropriately".

The Draft Policy does not require that approval should be sought from Council to keep any animal or number of pet animals, except that the Dog Act requires that dogs aged more than 6 months should be registered with Council. Otherwise, any commercial undertaking involving animals should receive development consent as an "Animal Establishment". Of course, animal enclosures, if fixed structures, require building approval.

The Draft Policy basically adopts an advisory stance and states in Clause 4 - "The number of animals that may be kept at a premises should not exceed the numbers shown ..... in the Table to Clause 7 of this Policy". The use of the word "must" or "shall" was not included in the Policy because it was recognised that where animals are kept in an appropriate manner, a greater number than that stipulated would, no doubt, be in order and agreed to by Council.

The following submissions were made:-

* remove all reference to numbers in the Policy
(Not advisable)

* the word "recommended" be added to the head of
column 2 in the Table to Clause 7 of the Policy
(Not advisable)

(h) On page 2 of the Policy under the heading "2. Scope", it
was proposed that the paragraphs defining the applicability of the Policy be deleted and the following paragraph be inserted:-

"This policy applies to animals kept for racing (whether hobby or commercial) and for boarding, breeding, grooming, caring, treatment, training, racing, exhibiting, trading or selling."
(Not advisable)

It should be noted that commercial animal establishments may be better controlled under Council's planning powers.

(i) The issue of consultation and conciliation was raised at the
Workshop as a primary means of implementing the Policy.

In clause 6 of the Policy, reference is made to consultation as being the first avenue towards resolving problems. The purpose of the policy is also to educate, not to legislate.

In discussing the implementation of the policy with the various avicultural societies, pigeon clubs, canine and cat societies, there appears to be a willingness on the part of these groups to assist Council in negotiating solutions to particular animal management problems. The Pet Industry Advisory Council and the World League for Protection of Animals, however, wish to have Council set up a local community groups to be known as an Animal Welfare Reference Group. Warringah Council has such a group.

Accordingly, it was suggested that an additional paragraph be added to clause "1. Introduction" to the Policy, in terms of the following:-

"It is a fundamental principle of the policy that the provision of advice and assistance together with processes of consultation will be the prime means of implementing the policy and that an Animal Welfare Reference Group will be established to provide ongoing input to implementation issues, in particular, in cases where the well-being of animals is a concern."
(Submitted for determination by Council)

An alternative paragraph could be included to emphasise the role of the Council in the educative process and in resolving neighbour conflict, but not extending to set up a formal Animal Advisory or Reference Group. A suitable statement might read as follows:-

"A fundamental principle of this policy will be its implementation by the processes of consultation and negotiation and reference to recognised animal welfare groups for advice and assistance."
(Submitted as the preferred wording for adoption into the Policy by the Council)

(j) The importance of encouraging "desexing of animals" was
raised by a number of the speakers at the Workshop.

Inclusion of the following clauses as dot points in clause
"3. Objectives" has been suggested:-

"* To promote desexing and, in particular, subsidised
desexing, with the co-operation of local veterinarians
and the Domestic Animal Birth Control Society."
(Agree to)

(k) Several submissions have been received suggesting that
more emphasis needs to be placed on the well-being of companion animals. Accordingly, it is suggested that the following dot points be added to clause "3. Objectives":-

"* to promote the well-being of companion animals
* to promote a caring, responsible attitude towards
companion animals."
(Agree to)

(l) On page 7 dealing with rabbits, it has been suggested that
the wording in column 4 be altered to read:-

"Must be domestic breed and not released into the environment. Rabbits are prolific breeders and it is essential that they be desexed and/or of the same sex. Rabbits are social animals and a single animal should not be kept on its own. However, the NSW Agriculture Department has imposed a restriction on numbers of rabbits kept as pets (one only)."
(Agree to - subject to notation in column 2 to read "actual number restricted by NSW Agriculture Department")

(m) Similarly, on page 7 dealing with pet rats, mice and guinea
pigs, it has been suggested that the following words be added to the text in column 4:-

"All these animals are prolific breeders and should be of same sex. All are social animals and a single animal should not be kept on its own."
(Agree to)

4. Conclusions

The substantive issues to be considered by Council in adopting the Draft Policy as revised as a Local Orders Policy are:-

1) whether the Policy should express a maximum number of
animals according to the kind of animal,

2) whether there is sufficient need to set up an Animal
Advisory Group with community representatives, and

3) whether desexing or companion animals can be mandated
or, in some other way, better encouraged.

In respect of item 1 (numbers), it is considered that the maximum numbers stated for each kind of animal should be retained as an advisory feature of the Code. Arguments against any sort of control over the numbers of animals usually becomes more emotional than rational. In any case, the Council can not act unreasonably and has agreed on a number of recent occasions to the keeping of more than two animals. It is clearly stated in the Draft Policy (in the case of cats and dogs), the circumstances that will apply where more than two animals of either kind are kept at a premises.

The matter of setting up an Animal Advisory Group whilst allied to the Draft Policy is not essential to the operation of the Policy. It would be preferable during implementation of the Policy to co-opt the support and advice of the relevant animal welfare agencies. The majority of complaints about animals are resolved in this way at the present time.

Concerning the desexing of animals, it is obvious that the Policy can only recommend that animals be desexed. The Council could, however, negotiate with local veterinary surgeons, together with Animal Welfare, and publish a list of veterinary surgeons who will carry out desexing at a reduced charge.

HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.05.03 DEVELOPMENT & HEALTH

HEADING: Recommendation POLICY REGARDING THE KEEPING OF ANIMALS AND BEES AT PREMISES WITHIN THE HURSTVILLE COMMUNITY
(Report by Manager - Environmental Services, Mr G Young)

06.05.03 Recommendation POLICY REGARDING THE KEEPING OF ANIMALS AND BEES AT PREMISES WITHIN THE HURSTVILLE COMMUNITY
(Report by Manager - Environmental Services, Mr G Young)


RECOMMENDATION

1. THAT Council formally adopt the Draft Policy as submitted
to its meeting held on 18th January, 1995 and incorporating
the amendments suggested in paragraphs 3 (b), (c), (d), (e),
(f), (k), (l), (m) of the report.

2. THAT the matter of setting up of an Animal Welfare Reference
Group be the subject of a separate report at the time the
adopted Policy is reviewed.

3. THAT emphasis be given to the importance of consultation
and negotiation in resolving animal management problems
by the adoption of the alternative paragraph as suggested in
3(i) of the report and the incorporation of that paragraph into
the Introductory statements within the Policy.

4. THAT, in consultation with Animal Welfare Groups, an approach
be made to local veterinary surgeons to negotiate reduced
rate desexing charges for publication in the Council Comment
and other information leaflets.

* * * * * *

Yours faithfully


R W Loveridge
Divisional Manager - Development & Health