HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________
SUMMARY OF ITEMS CONTAINED IN THE
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION ONE' REPORT
TO THE MEETING OF THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 06-95 - 28TH JUNE, 1995
05:02.01 218-228 Forest Road Hurstville (550/89)
(Report By Manager Planning Services, Mr M. Buckley)
05:03 Development Applications - Penshurst Ward
05:03.01 427 King Georges Rd, Beverly Hills 130/95
(Report By Manager - Planning Services, Mr M. Buckley)
05:03.01 Development And Health - Section One Report
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.02 DEVELOPMENT & HEALTH |
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - REPORT NO 1
TO THE DEVELOPMENT, HEALTH & PLANNING COMMITTEE
TO BE HELD ON 28TH JUNE, 1995
SECTION ONE
TO THE DEVELOPMENT, HEALTH & PLANNING COMMITTEE
TO BE HELD ON 28TH JUNE, 1995
SECTION ONE
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:-
05.02 DEVELOPMENT APPLICATIONS - HURSTVILLE WARD
- Council please note that resulting from Council's Meeting of 21 June 1995, dealing with the repeal of the Residential Development Control Plan 1994, you will note that part of Council's resolution indicated the following in respect to further reports to be submitted to Council:-
- "Further, that the report address the question of consideration of current Development Applications and the effect of the repeal of the Development Control Plan and the need for a savings clause."
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: 05.02.01 DEVELOPMENT & HEALTH |
05.02.01 218-228 FOREST ROAD HURSTVILLE (550/89)
(Report by Manager Planning Services, Mr M. Buckley)
- Applicant : Liquor Advisory Services
Proposal : EXTENSION TO TRADING HOURS
Zoning : Zone No. 3(b) - City Centre Business Zone
Owner : Mr T. Feros
Existing Development : Roundabout Hotel
Precis of Report
1. Request for permanent approval - 5.00am to 5.00am trading hours
2. Letter from applicant enclosed
3. No written submission has been received
4. Recommendation - a further 12 months approval.
Divisional Manager's Report
The request is for a permanent approval to operate the Roundabout Hotel Public Bar from 5.00am to 5.00am (the following day) Monday to Saturday and 10.00am to 10.00pm, Sundays.
Council at its meeting of 22nd June 1994 considered and resolved to approve a further 12 months.
In support of the application the following submission by the applicant is reproduced below:
"We are Liquor and Gaming Consultants and have been engaged by the owners of the Roundabout Hotel to seek permanent consent of development application 5509-89, for the following reasons:-
1. Development application 550/89 was approved by Council on 2 June 1993, subject to conditions (see copy);
2. In accordance with condition "2" of the consent an extension of time was requested of Council on 2 June 1994, and was subsequently approved on 4 July 1994, for a further trial period of twelve months.
3. Since the original consent was approved (over two years ago), all conditions and undertakings have been strictly adhered to. The owners of the Hotel have not received any major complaints of an official nature from the local Police or Council about the operations of the Hotel and have co-operated with the relevant authorities to ensure the quiet and good order of the neighbourhood is not disturbed. (See attached Certificate of Appreciation from New South Wales Police Service.)
As this is the Hotel's second trial period and the Hotel has now been trading the extended trading hours for two (2) years without complaints, our client seeks to have the consent now made permanent without the need to re-apply in 12 months time.
As Council would be aware, there are ample alternative provisions in the Liquor Act, 1982 which Council can avail themselves of should the Hotel fail to ensure continued harmonious operations eg Section 104.
It is submitted that the Hotel has demonstrated its ability to trade the hours approved by this consent and the hours should now be made permanent.
Early consideration of this matter would be appreciated."
Comment:
Council would be aware that a number of incidents have occurred around the Roundabout Hotel, one in particular regarding a group of youths and Police in the Palm Court carpark in December 1994. Council has an option to refuse the request, but would have to be prepared to defend the matter before either the Land and Environment Court of New South Wales or the Liquor Licensing Court of New South Wales based on evidence by persons witnessing such acts of vandalism, etc. and such acts were a result of patrons from the Hotel.
However, if Council wishes a further 12 months can be granted for the late night trading hours of operation, subject to conditions.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 05.02.01 DEVELOPMENT & HEALTH |
HEADING: Recommendation 218-228 FOREST ROAD HURSTVILLE (550/89)
(Report by Manager Planning Services, Mr M. Buckley)
05.02.01 Recommendation 218-228 FOREST ROAD HURSTVILLE (550/89)
(Report by Manager Planning Services, Mr M. Buckley)
RECOMMENDATION
- THAT Council as the consent authority grant development consent for a further twelve (12) months to the Roundabout Hotel to operate between the hours of 5.00am and 5.00am (the following day) Monday to Saturday, and 10.00am to 10.00pm Sunday, subject to the following conditions:
1. That the consent be limited to a period of twelve (12) months and that prior to the expiry date the applicant make a further application to Council regarding the continued extension of trading hours.
2. The use of the Hotel premises shall be conducted between the hours of -
Public Bar and Entertainment Area:
5.00am to 5.00am (the following day) Monday to Saturday
and
10.00am to 10.00pm Sundays.
3. That the applicant adhere to the undertaking outlined in correspondence dated 24th April 1992, to rpovide trained security staff which will provide both foot patrol and marked patrol cars between 9.00pm and half an hour after closure of the hotel to ensure all patrons are dispersed quickly and quietly from the hotel and its surrounds. The surrounds of the hotel will include Rose Street, Humphreys Lane and extending to Cross Street and Forest Road to Memorial Square.
4. The security staff to be engaged by the hotel are to be suitably qualified to the satisfaction of the New South Wales Police Department.
| 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 |
05.03.01 427 KING GEORGES RD, BEVERLY HILLS 130/95
(Report by Manager - Planning Services, Mr M. Buckley)
- Applicant : Boste Holdings P/L
Proposal : VARIATION OF HOURS OF OPERATION (AMENDED)
Zoning : Zone No. 3(A) - General Business Zone
Owner : John Radovic
Existing Development : Bennelong Hotel
Precis of Report
1. Variation of trading hours 10.00am to 3.00am Thursday to Saturday inclusive.
2. Thirteen (13) submissions received (DA23/95)
Two (2) submissions received (DA 130/95)
3. Kingsgrove Police have raised no objection.
4. Recommendation - approval for 12 months subject to conditions
Divisional Manager's Report
The application before Council seeks favourable consideration to a variation of trading hours of the Bennelong Hotel from 10.00am to 3.00am Thursday to Saturday (the following day). The areas involved are the Public Bar, Heidelberg Restaurant and Colonial Room. (These currently trade till 1.00am)
History
Currently the Bennelong Hotel operates under an existing condition of consent by Council that states:
Condition 3:
"Only the area known as Oscar's Bar (The New Lounge Bar) and including the darts area, as indicated on submitted plans, shall operate for 24 hours. The remainder of the hotel shall operate between the hours of 10.00am and 1.00am Monday to Saturday and 10.00am and 1200 midnight Sunday."
This has been operating without written objection from residents. Objections have only been registered resulting from notification of any change.
Reassessment of the 24 hour operation of Oscar's Bar is due on the 24th November 1995.
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.
Proposed Development
In support of the new application the applicant has submitted the following information:
"I advise that we are in the process of seeking the consent of the Licensing Court of NSW to a variation of trading hours for the Bennelong Hotel, so that all of the bar areas of the hotel may trade until 3.00am the next succeeding day, Thursday to Saturday inclusive.
Accordingly, we seek the consent of Council to the above and lodge our Development Application Form. We also withdraw our previously lodged Development Application No. D/A/00023/95.
You may be aware that the hotel is presently licensed to trade till 1.00am in all areas with the exception of Oscar's Bar which has had a 24 hour licence since July 1993.
A significant reason for our making this application is that on the nights in question when the hotel trades beyond 1.00am the patrons must move from other bars to Oscar's. This is very inconvenient for the patrons and leads to overcrowding of Oscar's and a loss of patronage because the Oscar's Bar is limited in size and does not contain the same amenities and facilities as the other bars.
Since July 1993 the hotel has successfully operated its present 24 hour licence within the limitations and strictly in accordance with the conditions set out in Council's consent to D.A. 238/93. There has been no noise or other complaints made to any of the authorities that we are aware of. Neither have there been any complaints from neighbours to the hotel's management. Furthermore, the licensing police have indicated that they have no objection to the extension of the trading hours of the hotel.
The hotel's management, staff and external security service provide professional and effective security and control over our patrons both on the premises and in the public areas around the hotel. Should Council consent to this application then these high standards will continue to be maintained and extended to the areas which are the subject of this application."
It should be pointed out to Council that an earlier application was submitted in January 1995 to the Development and Health Division for a variation of trading hours to 5.00am, Monday to Saturday. Notification letters were delivered to approximately 114 residents and shop occupiers/owners in the immediate area. Thirteen (13) individual objections were received concerning the following:
- vandalism of property
- intoxicated patrons roaming streets
- noise
- parking problems
- the hotel's location adjacent to a residential zone
The applicant withdrew the application from advice of Council Officers and requested to reconsider a more appropriate variation of trading hours.
The application now before Council is a result of discussions with the applicant. Renotification took place of the same residents on the 5th May 1995. Two (2) written submissions were registered, both objecting to the 3.00am trading hours.
The above concerns by shop owners and residents have been acknowledged and referred to the applicant. The applicant has and will continue to provide security personnel on duty during and after trading hours in accordance with the Licensing Court's decision back in 1991.
Police Comment
The Kingsgrove Licensing Supervisor, Sergeant L.J. Stephens, raised no objection to the original 24 hour trading. The letter is reproduced below:
"1. After consultation with the Management of the 'Bennelong' hotel, King Georges Road, Beverly Hills, Police are aware that the hotel is applying for a variation in trading hours to other parts of the hotel, apart from Oscar's Bar, which is presently licensed on a 24 hour basis.
2. Since the granting by the Liquor Administration Board of the original 24 hour license in 1993, there have been no major problems of note relative to the hotel. From a Police point of view, the hotel is conducted in a very satisfactory manner.
3. There is no Police objection to the granting of the application."
Summary
The Bennelong Hotel is one of Council's least troublesome licensed establishments and has not generated any written complaint for Council's file, apart from those submissions generated by notification.
The concerns raised by residents are valid in the circumstances, however Beverly Hills has a large number of restaurants that are licensed and may have contributed to the residents' concerns. To date no individual complainant has been able to link any misconduct to the Bennelong Hotel.
However, the applicant has been advised of these concerns for future attention.
Therefore a twelve (12) months consent is recommended subject to conditions.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 05.03.03 DEVELOPMENT & HEALTH |
HEADING: Recommendation 427 KING GEORGES RD, BEVERLY HILLS 130/95
(Report by Manager - Planning Services, Mr M. Buckley)
05.03.03 Recommendation 427 KING GEORGES RD, BEVERLY HILLS 130/95
(Report by Manager - Planning Services, Mr M. Buckley)
RECOMMENDATION
- THAT Council as the consent authority grant consent to the variation of trading hours of the Bennelong Hotel, 427 King Georges Rd, Beverly Hills for a period of 12 months subject to the following conditions:
1. This consent is valid only for a period of twelve (12) months from the date of Council's letter of consent. Further notification is required prior to the expiry of twelve (12) months from the date of this notice for any extension of time of this approval.
2. Compliance in all respects with plans No. A.01 prepared by Layati P/L dated 21.17.94 and details submitted with DA130/95, except where amended by the conditions of consent.
3. The Public Bar, Heidelberg Restaurant and Colonial Room will operate between the hours of 10.00am to 1.00am Monday to Wednesday (inclusive), 10.00am to 3.00am Thursday to Saturday (inclusive) and 10.00am to 12 midnight Sunday.
4. All access to the hotel after 1.00am will be directed to the entrance in King Georges Road.
5. Hotel trained security staff are to be engaged to patrol the boundaries of the Hotel from 11.30pm to 1.30am Monday to Wednesday (inclusive), 11.30pm to 3.30am Thursday to Saturday (inclusive) and 11.30pm to 12.30am Sunday on the next succeeding day. The boundaries of the Hotel include Hampden Lane from the corner of the Hotel car park to the corner of Edgebaston Road.
6. Maximum noise level from plant and equipment used on the site shall not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.
7. Noise emanating from the Bennelong Hotel shall not exceed 5 dB(A) above the background sound level during the hours 7.00am to 12.00 midnight and shall not exceed the background sound levels after 12.00 midnight. The noise measurements are to be made at the boundary of the worst affected residence, no adjustment for tonality is allowed.
8. The erection of a permanent barrier in the Public Bar area, as indicated on submitted plans, to prevent minors going into that area from the "non-restricted" area.
9. The premises and use of the building being conducted in such a manner so as not to interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.
10. Compliance with Development Consent No. 238/93 dated 24th November 1994.
......................../SECTION 2
HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________
SUMMARY OF ITEMS CONTAINED IN THE
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION TWO' REPORT
TO THE MEETING OF THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 06-95 - 28TH JUNE, 1995
06:02.01 103 Gloucester Road, Hurstville (Hv Ward) Addition To Dwelling
(Report By Manager - Building Services, Mr. T. Dartnell)
06:02.02 48 Hodge Street, Hurstville (Hv Ward) Two Storey Dwelling
(Report By Manager, Building Services, Mr. T. Dartnell)
06:02.03 11 Monaro Avenue, Kingsgrove (Hv Ward) Additions To Dwelling
(Report By Environmental Health & Building Surveyor, Mr. R. Verrelli)
06:03 Building Applications - Penshurst Ward
06:03.01 36 Rosebery Street, Penshurst (Pns Ward) Additions To Rear Detached Outbuilding (Report By Environmental Health & Building Surveyor, Mr P Mcinnes)
06:03.02 19 Gilmour Place, Penshurst (Pns Ward) Swimming Pool
(Report By Environmental Health & Building Surveyor, Mr R Verrelli)
06:03.03 75 Melvin Street, Beverly Hills (Pns Ward) Additions To Rear Of Existing Dwelling And Garage
(Report By Environmental Health & Building Surveyor)
06:04 Building Applications - Peakhurst Ward
06:04.01 60 Park Street, Peakhurst (Pk Ward) Additions To Dwelling And Garage
(Report By Environmental Health & Building Surveyor, Mr. G. Champion)
06:04.02 12A Llewellyn Street, Oatley (Pk Ward) Dwelling Additions And Renovations, Rear Timber Deck And Paved Courtyard
(Report By Environmental Health & Building Surveyor, Mr. P. Mcinnes)
06:04.03 81 Boorara Avenue, Oatley (Pk Ward) Single Storey Dwelling
(Report By Manager, Building Services, Mr. E. Bailey)
06:05 Miscellaneous And Other Matters
06:05.01 Southern Sydney Public Health Unit - Clean Up Notices And Closure Notices For Food Premises
(Report By Manager, Environmental Services, Mr. G. Young)
06:05.01 Development And Health - Section Two Report
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.01 DEVELOPMENT & HEALTH |
SECTION 2
06.01 WARD COUNCILLORS' 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 |
06.02.01 103 GLOUCESTER ROAD, HURSTVILLE (HV WARD) Addition to Dwelling
(Report by Manager - Building Services, Mr. T. Dartnell)
- Applicant: T. Smith (BA 387/95)
Proposed: Additions to Dwelling
Development Area: B
Referred for: Additions less than 900mm from the boundary.
The application involves additions to the rear of the dwelling to increase the size of the existing laundry and family room.
The north-western wall of the proposed addition is located 800mm from the side boundary in lieu of the required 900mm. Clause 57(2)(d) of the Local Government (Approvals) Regulation, 1993 however permits Council to allow the extension of an existing wall at a lesser distance from the boundary line subject to the wall containing no windows. The proposed addition to the laundry is an extension of the existing wall and although the room contains a window, the applicant has agreed to relocate the window to the rear wall. The additions comply with Council's Residential Control Plan and no responses were received from notified adjoining property owners.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.02.01 DEVELOPMENT & HEALTH |
HEADING: Recommendation 103 GLOUCESTER ROAD, HURSTVILLE (HV WARD) Addition to Dwelling
(Report by Manager - Building Services, Mr. T. Dartnell)
06.02.01 Recommendation 103 GLOUCESTER ROAD, HURSTVILLE (HV WARD) Addition to Dwelling
(Report by Manager - Building Services, Mr. T. Dartnell)
RECOMMENDATION
- 1. THAT Council exercise its powers under Clause 57 (2)(d)
of the Local Government (Approvals) Regulation, 1993 to
allow the extension of the north-western wall of the
dwelling to be set back 800mm from the side boundary,
subject to the deletion of the proposed laundry window.
2. THAT the building application be approved, subject to
standard conditions 1-12 and the following additional
conditions:-
13. The proposed window must be relocated to the
rear wall of the dwelling to comply with Clause
57 (2)(d) of the Local Government (Approvals)
Regulation, 1993.
- 14. GS1160
15. RD260
16. ST080, ST140
17. Adequate natural light and ventilation must be
provided to the laundry.
18. The base of the proposed pier pads must be a
minimum of 600mm below natural ground level.
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.02.02 DEVELOPMENT & HEALTH |
06.02.02 48 HODGE STREET, HURSTVILLE (HV WARD) Two Storey Dwelling
(Report by Manager, Building Services, Mr. T. Dartnell)
- Applicant: Henley Properties (BA 378/95)
Proposed: Two Storey Dwelling
Development Area: B
Referred for: Non-compliance with Council's Residential
Development Control Plan.
The application involves the erection of a two storey brick veneer
dwelling.
The site is located on the north-eastern side of Hodge Street,
Hurstville and within Development Area B.
The building design does not comply with Council's Residential
Development Control Plan in the following respects:
1. Requirement of the Code : The dwelling height and form
including side and rear boundary setbacks, must comply with
the building envelope.
Description of Non-compliance: The north-western wall of the
building projects through the building envelope by
approximately 1.4 metres.
Comment: The land adjoining the north-western boundary is owned by Council, classified as Operational Land but currently used as a reserve.
The encroachment through the envelope is considered acceptable having regard to the present use of Council's land and the fact that only minimal overshadowing will be caused by the proposed dwelling.
The adjoining property owners have been notified and no submissions
were received.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.02.02 DEVELOPMENT & HEALTH |
HEADING: Recommendation 48 HODGE STREET, HURSTVILLE (HV WARD) Two Storey Dwelling
(Report by Manager, Building Services, Mr. T. Dartnell)
06.02.02 Recommendation 48 HODGE STREET, HURSTVILLE (HV WARD) Two Storey Dwelling
(Report by Manager, Building Services, Mr. T. Dartnell)
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. The slab must incorporate a deepened edge beam to
ensure natural ground levels are maintained.
14. GS570
15. GS581 (Powder Room)
16. GS1160
17. The proposed fire detection and alarm system must
comply with E1.7 of Building Code of Australia. The
installation of the smoke detectors must be certified
by a licensed electrician prior to occupation of the
building.
18. ST080, ST100
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.02.03 DEVELOPMENT & HEALTH |
06.02.03 11 MONARO AVENUE, KINGSGROVE (HV WARD) Additions to Dwelling
(Report by Environmental Health & Building Surveyor, Mr. R. Verrelli)
- Applicant: S.Dracopoulos (BA145/95)
Proposed: Additions to Dwelling
Referred for: Consideration of objection from adjoining
landowner.
The subject site is located within Development Area C on the western
side of Monaro Avenue, Kingsgrove, one lot from the corner of Kinsel
Avenue. The land falls to the street.
It is proposed to carry out substantial renovations and additions to the
existing brick dwelling comprising a kitchen, dining room, laundry and
verandah to the rear of the dwelling, a new garage beneath the front of
the existing dwelling and additions to Bedroom 1 and 2. The additions
comply with the requirements of the Residential Control Plan.
Adjoining owners were notified of the application and one (1) written
submission was received in respect of the application.
Letter of Objection
No.13 Monaro Avenue - The objector's main concern is loss of privacy
from the windows in the northern elevation of Bedroom 2 and the living
room. The objector is also concerned that the garage excavation may
cause structural damage to his premises during construction.
Comment: The applicant has addressed the privacy issue by relocating the
window in Bedroom 2 so that it is offset from the neighbour's window and
made the lower portion of that window fixed obscure glass. The living
room window has been reduced in size and the side panels provided with
fixed obscure glass. It should also be noted that both the above windows
are existing, and are only being replaced with new aluminium windows.
It is considered unlikely that damage will be caused to the neighbour's
property, having regard to the depth of the excavation and proximity of the
neighbour's property to the subject garage. A structural engineer's report
has been requested in respect of this matter.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.02.03 DEVELOPMENT & HEALTH |
HEADING: Recommendation 11 MONARO AVENUE, KINGSGROVE (HV WARD) Additions to Dwelling
(Report by Environmental Health & Building Surveyor, Mr. R. Verrelli)
06.02.03 Recommendation 11 MONARO AVENUE, KINGSGROVE (HV WARD) Additions to Dwelling
(Report by Environmental Health & Building Surveyor, Mr. R. Verrelli)
RECOMMENDATION
- THAT the building application be approved, subject to standard
conditions 1-12 and the following additional conditions:-
13. GS010 ... the placement of concrete in the footings.
14. GS041
15. Prior to any excavation of the site, a report prepared by a
structural engineer must be submitted to Council, certifying
the stability of the site and in particular the adjoining building
and specify any design constraints to be placed during
excavations.
16. GS190, GS316, GS350, GS381
17. GS610
18. GS1160
19. R040... 675mm
20. RD270
21. ST080, ST100
22. The proposed driveway profile must be constructed in accordance
with revised plans dated 24th April 1995, except alterations as
shown in red ink on the approved plan.
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.03 DEVELOPMENT & HEALTH |
06.03 BUILDING APPLICATIONS - PENSHURST WARD
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.03.01 DEVELOPMENT & HEALTH |
06.03.01 36 ROSEBERY STREET, PENSHURST (PNS WARD) Additions to Rear Detached Outbuilding
(Report by Environmental Health & Building Surveyor, Mr P McInnes)
- Applicant: Mr M Michael (BA 342/95)
Proposed: Additions to Rear Detached Garage
Development Area: B
Referred for: Consideration of Council's adopted Code
for Outbuildings, exceeding 80 square
metres to 90.74 square metres and exceeding
3m in height to 3.75m, measured from
ceiling or top plate level to natural ground
level.
The subject land is located on the eastern side of the street and is developed by way of a single storey dwelling and rear detached garage. Landfall is to the rear.
It is proposed to extend the rear of the existing garage. The outbuilding will be rectangular in shape and measure 14.9m long by 6.09m wide and stand 4m at its highest point. Boundary offsets will exceed 1m.
The proposed additions will have a floor area of 48.17 square metres and a combined floor area of 90.74 square metres. It has been indicated by the owners that the outbuilding will house three (3) family motor vehicles, one (1) trailer and be used for storage of household and gardening items.
As the allotment of land is 970.84 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 12th May, 1995 to comment on the proposals. No letters of objection have been received.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.03.01 DEVELOPMENT & HEALTH |
HEADING: Recommendation 36 ROSEBERY STREET, PENSHURST (PNS WARD) Additions to Rear Detached Outbuilding
(Report by Environmental Health & Building Surveyor, Mr P McInnes)
06.03.01 Recommendation 36 ROSEBERY STREET, PENSHURST (PNS WARD) Additions to Rear Detached Outbuilding
(Report by Environmental Health & Building Surveyor, Mr P McInnes)
RECOMMENDATION
- 1. THAT Council allow the variation to Council's Code for
Outbuildings.
2. THAT the building application be approved, subject to
standard conditions 1-12 and the following additional
conditions:-
13. GS440
14. GS540
15. GS190, GS316
16. GS630
17. GS1160
18. RD090 .. rear garage/outbuilding
19. ST080, ST090.. All roof gutters shall be directed to convey
stormwaters to the front of the building.
Dispersal pits shall total two (2) in number
and shall be constructed close to the
front outbuilding alignment. Each pit shall
measure a minimum 3 cubic metres and
stand a minimum 1.5m off the side boundary
alignment and 5m off the rear boundary
alignment.
20. The proposed outbuilding shall stand a minimum 1.5m clear
from the rear boundary and that area being landscaped to
soften any impact the structure may have upon adjoining
lands.
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.03.02 DEVELOPMENT & HEALTH |
06.03.02 19 GILMOUR PLACE, PENSHURST (PNS WARD) Swimming Pool
(Report by Environmental Health & Building Surveyor, Mr R Verrelli)
- Applicant: Buyrite Pools & Spas Pty Ltd (BA 354/95)
Proposed: Swimming Pool
Development Area: B
Referred for: Non-compliance with the 1.5m side boundary
setback for swimming pools.
The site is located on the eastern side of Gilmour Place, one lot from the corner of Clarence Street.
It is proposed to construct an inground pool in the rear yard of the site. The pool does not comply with Council's Swimming Pool and Spa Code as the pool stands 1.0m from the rear and side boundaries in lieu of the required 1.5 metres.
A variation to the Code is sought as there is limited yard area available. It is considered that the location of the pool is not likely to have an effect on the adjoining landowners.
The application has been notified to the adjoining landowners and no objections have been received. In fact, two letters of non objection to the 1.0m setback have been submitted to Council with the application from the two most affected landowners.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.03.02 DEVELOPMENT & HEALTH |
HEADING: Recommendation 19 GILMOUR PLACE, PENSHURST (PNS WARD) Swimming Pool
(Report by Environmental Health & Building Surveyor, Mr R Verrelli)
06.03.02 Recommendation 19 GILMOUR PLACE, PENSHURST (PNS WARD) Swimming Pool
(Report by Environmental Health & Building Surveyor, Mr R Verrelli)
RECOMMENDATION
- 1. THAT Council vary its Swimming Pool and Spa Code to
allow the proposed swimming pool to be set back
1.0 metre from the rear and side boundaries.
2. THAT the building application be approved, subject to standard
conditions 1-12 and the following additional conditions:-
13. SP080
14. SP090
15. SP140
16. RD180 .. dwelling adjoining the pool enclosure
17. The openable portion of the glass sliding door in the rear
wall of the dwelling adjoining the pool enclosure must be
fitted with a fixed security screen with maximum opening
of 100mm.
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.03.03 DEVELOPMENT & HEALTH |
06.03.03 75 MELVIN STREET, BEVERLY HILLS (PNS WARD) Additions to Rear of Existing Dwelling and Garage
(Report by Environmental Health & Building Surveyor)
- Applicant: M Rouhana (BA 242/95)
Proposed: Additions to Rear of Existing Dwelling and
Garage
Development Area: B
Referred for: Consideration of objection from adjoining
landowner.
An application has been received to carry out additions to the rear of an existing brick dwelling and build a new brick garage. The site is located one lot from the corner of Levett Avenue and Melvin Street. The land falls away from the street.
The proposal complies with Council's Residential Development Control Plan.
Adjoining owners were notified of the application and a letter of objection from the owner of 73 Melvin Street was received.
Letter of Objection:
The objector's main concern relates to the use of secondhand materials, excessive height of the additions, loss of privacy, overshadowing, appearance of development, loss of land value and the use of hardiplank external sheeting in lieu of brick.
Comment:
* The use of secondhand material is permitted if it is of good
quality and structurally sound.
* The existing floor, ceiling and roof levels have been maintained
and therefore the height of the addition is not considered excessive.
* The addition is single storey and will cause minimum
overshadowing to the adjoining premises.
* In respect of loss of privacy, the applicant has provided a privacy
screen along the northern elevation of the rear verandah with a
1.0m return along the rear of the verandah. There are no new
windows in the northern elevation which will cause loss of privacy.
* The addition has been amended from a timber framed to a brick
and tile addition. The proposal is in keeping with that of the
immediate area and is not expected to cause a loss of property
value.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.03.03 DEVELOPMENT & HEALTH |
HEADING: Recommendation 75 MELVIN STREET, BEVERLY HILLS (PNS WARD) Additions to Rear of Existing Dwelling and Garage
(Report by Environmental Health & Building Surveyor)
06.03.03 Recommendation 75 MELVIN STREET, BEVERLY HILLS (PNS WARD) Additions to Rear of Existing Dwelling and Garage
(Report by Environmental Health & Building Surveyor)
RECOMMENDATION
- THAT the building application be approved, subject to standard
conditions 1-12 and the following additional conditions:-
13. GS070
14. GS190, GS201, GS316, GS370
15. GS751
16. GS771 .. verandah (delete last sentence)
17. GS1160
18. RD020
19. RD090 .. garage
20. RD260
21. ST080, ST100
22. ST030 .. (delete last sentence)
FURTHER, THAT the objector be notified of Council's decision.
| 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 60 PARK STREET, PEAKHURST (PK WARD) Additions to Dwelling and Garage
(Report by Environmental Health & Building Surveyor, Mr. G. Champion)
- Applicant: Mr. R. Pitt (BA 221/95)
Proposed: Additions to Dwelling and Garage
Referred for: 1. Objection from adjoining landowner.
2. Resolution of Council to permit a wall
to be built less than 900mm to the
boundary line.
The site is located on the northern side of Park Street, one door from the corner of Belmore Road in Development Area B.
It is proposed to construct additions to the rear of the existing dwelling and
demolish and rebuild a garage. The garage will be attached to the existing
dwelling and will extend to the eastern boundary line.
Clause 57(2)(c) of the Local Government (Approvals) Regulation 1993
allows a wall of a Class 1 building to be erected at a lesser distance than
900mm from the boundary line, where the wall does not contain windows
and compliance would be impracticable because of the levels or width
or other exceptional conditions of the site and Council permits by
resolution in the individual case, the erection of a wall or part of a wall at
a lesser distance from the boundary line.
The construction of the eastern wall of the attached garage has no windows
and will be constructed in brickwork to comply with Part C1.9 of the
Building Code of Australia to prevent the spread of fire.
The location of the garage on the site adjacent to the eastern boundary is
the only option to provide covered offstreet parking as further access to the rear of the site is restricted by the location of the dwelling and existing swimming pool. Access to the rear yard from the western side is not an
option available to the property owners.
The application has been notified to adjoining landowners and one (1)
written submission has been received from the owner of No.58 Park Street,
Peakhurst.
Concern is raised with surface water runoff from the existing driveway and loss of sunlight to a bedroom window and outdoor BBQ area from the
garage wall on the boundary.
An inspection of the site reveals that existing surface water from the
driveway is collected via an open drain and is piped to the rear of the garage.
A condition of approval will be applied to require the open drain to be
retained to collect surface water so as not to cause a nuisance to the
adjoining property.
In regard to loss of sunlight to the bedroom window and BBQ area, the
applicant has agreed to reduce the height of the garage wall so it does not
exceed a maximum height of 2700mm at the southern end. The garage wall
will be approximately 300mm higher than the existing structure and is
located on the western side of the objector's residence, thus any loss of
sunlight would occur in the late afternoon.
It is considered that the objection to the application does not contain
sufficient grounds to warrant refusal of the application.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.04.01 DEVELOPMENT & HEALTH |
HEADING: Recommendation 60 PARK STREET, PEAKHURST (PK WARD) Additions to Dwelling and Garage
(Report by Environmental Health & Building Surveyor, Mr. G. Champion)
06.04.01 Recommendation 60 PARK STREET, PEAKHURST (PK WARD) Additions to Dwelling and Garage
(Report by Environmental Health & Building Surveyor, Mr. G. Champion)
RECOMMENDATION
- 1. THAT Council resolve to allow the erection of the garage
wall at a distance less than 900mm to the boundary line
in this particular instance, due to the existing site
conditions restricting access to the rear of the site.
2. THAT the objector be advised of Council's determination.
3. THAT the building application be approved, subject to standard
conditions 1-12 and the following additional conditions:-
13. GS190, GS201, GS316
14. GS570
15. GS630
16. GS751
17. GS1160
18. RD260
19. ST080, ST140
20. ST230
21. The existing swimming pool fencing is to be retained
to separate the pool from the dwelling and garage in
accordance with AS1926.
22. The external wall of the garage on the eastern boundary
is to be constructed from face brickwork and all joints
and perpends raked to Council's satisfaction.
23. The garage walls must not exceed a height of 2700mm
at the southern end and 2400mm at the northern end of
the building to retain solar access to the adjoining site.
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.04.02 DEVELOPMENT & HEALTH |
06.04.02 12A LLEWELLYN STREET, OATLEY (PK WARD) Dwelling Additions and Renovations, Rear Timber Deck and Paved Courtyard
(Report by Environmental Health & Building Surveyor, Mr. P. McInnes)
- Applicant: Mr. & Mrs. Macreadie (BA325/95)
Proposed: Two Floor Dwelling Additions, New Roof
Design, Pool Decking and Paved Courtyard
Referred for: Letter of objection to -
1. Loss of view.
2. Loss of value.
The abovementioned site is located on the north-western side of Llewellyn Street and is accessed via a right-of-way. It is located within Development
Area A and has steep land fall to the rear.
It is proposed to:
1. Re-surface and extend the rear courtyard area.
2. Construct a timber deck along the rear face of the dwelling house
and around the existing rear concrete pool.
3. Construct two floor additions off the southern elevation.
Additions will involve a new dining, lounge and kitchen area at
ground floor (east elevation) and parking for two motor vehicles
at lower ground floor (east elevation).
4. Erect brush box fencing on top of decking around the rear pool,
along the side boundary alignments and adjoining the dwelling.
5. Re-pitch the roof at 30 degrees and re-sheet in custom orb.
Calculations indicate that the proposals comply with the Swimming Pools
Act 1992 and with Council's Residential Development Control Plan.
Council invited the adjoining landowners, by letter dated 12th May 1995,
to comment on the proposals and received one (1) objection to the alterations
to the dwelling house.
Letter of Objection
No.12 Llewellyn Street - There is an objection to loss of views and to devaluation. The objector recommends the proposed roof to be pitched at
15 degrees in lieu of 30 degrees.
Comment: It is to be noted that the proposals are similar to numerous
other dwellings constructed in the immediate area. The structure has been designed to comply with the requirements and objectives in relation to design
considerations of Council's Residential Development Control Plan and to
minimise any overview or overshadowing of adjoining levels.
It has been determined through site investigations that the proposals will
havea minor effect on water views but not of such magnitude as to warrant
redesign or refusal of the application.
Late objections were received from the owners of No.10A Llewellyn Street,
Oatley, however, it is considered that concerns are addressed with conditions
of approval.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.04.02 DEVELOPMENT & HEALTH |
HEADING: Recommendation 12A LLEWELLYN STREET, OATLEY (PK WARD) Dwelling Additions and Renovations, Rear Timber Deck and Paved Courtyard
(Report by Environmental Health & Building Surveyor, Mr. P. McInnes)
06.04.02 Recommendation 12A LLEWELLYN STREET, OATLEY (PK WARD) Dwelling Additions and Renovations, Rear Timber Deck and Paved Courtyard
(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. GS010 ...the placement of concrete into the footings and into
the footings below piers adjoining the northern boundary
alignment.
14. GS190, GS201, GS340
15. GS540
16. GS550
17. GS570
18. GS601
19. GS751
20. GS771 ...front patio and rear timber deck (off dwelling)
21. GS930
22. GS1160
23. RD020
24. RD120
25. RD260
26. SP020
27. SP030
28. SP120
29. SP140
30. SP201
31. ST160
32. All roof and paved stormwaters shall be conveyed via a sealed
pipeline to the existing stormwater system.
33. The proposed Custom Orb roof shall be constructed with a
maximum pitch of 27 degrees.
34. All brick piers and pool decking adjoining the northern side
boundary alignment and right of way shall stand a minimum
450mm clear of the side boundary.
35. The sub-floor area to the pool decking shall be enclosed with
lattice (or similar suitable material) and surrounded with
landscaping to Council's satisfaction.
Note: This sub-floor area shall not be used for the storage of
waste or refuse.
36. Access to the site via the northern right of way is not permitted.
All building materials must be delivered via the right of way
access to No.12A Llewellyn Street.
37. Access to the pool area from the rear of the dwelling house
shall be restricted with a pool safety fence constructed in
accordance with AS 1926.
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: 06.04.03 DEVELOPMENT & HEALTH |
06.04.03 81 BOORARA AVENUE, OATLEY (PK WARD) Single Storey Dwelling
(Report by Manager, Building Services, Mr. E. Bailey)
- Applicant: K. Winstanley (BA190/95)
Proposed: Single Storey Dwelling
Referred for: Non-compliance with Council's Residential
Development Control Plan.
The subject site is located in Development Area A and is currently vacant.
The site is located at the eastern side of Boorara Avenue, one block removed
from its intersection with Southern Street. The land falls gradually across the
width and length of the site from the south-eastern corner to the north-western
corner. The fall approaches 2.0 metres and is constant.
To the north of the subject site is a newly developed dwelling and to the
south an established dwelling.
The subject application proposes the erection of a new single storey brick
and tile dwelling with an attached garage.
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 the 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 proposal as submitted is
to be erected 3.5 metres from the front boundary which is less than
the minimum front boundary setback.
In relation to the building line encroachment, it is noted that no detrimental
effect will result to either adjoining premises due to the siting of their
respective buildings and that the impact upon the street is considerably
diminished as this section of Boorara Avenue exists as an unmade portion
of the roadway.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.04.03 DEVELOPMENT & HEALTH |
HEADING: Recommendation 81 BOORARA AVENUE, OATLEY (PK WARD) Single Storey Dwelling
(Report by Manager, Building Services, Mr. E. Bailey)
06.04.03 Recommendation 81 BOORARA AVENUE, OATLEY (PK WARD) Single Storey Dwelling
(Report by Manager, Building Services, Mr. E. Bailey)
RECOMMENDATION
- THAT the building application be approved, subject to standard
conditions 1-12 and the following additional conditions:-
13. No approval is implied for the use of the proposed office for
commercial purposes without the prior consent of Council.
14. GS10 ... pouring of the concrete slab.
15. GS20 ... garage 3.5m
16. GS100
17. The proposed front fence is to be the subject of a separate
application.
18. GS190, GS316, GS340
19. GS550
20. GS570
21. GS751
22. RD260
| 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 SOUTHERN SYDNEY PUBLIC HEALTH UNIT - CLEAN UP NOTICES AND CLOSURE NOTICES FOR FOOD PREMISES
(Report by Manager, Environmental Services, Mr. G. Young)
- A letter has been received from the Director of the above unit to which was
attached a directive, issued by the Director General, NSW Health
Department, Mr. John Wyn Owen.
The directive relates to Part 4, Division 2 of the Food Act 1989,
concerning changes in the delegation of certain powers to councils, in relation
to the issue of clean-up notices and closure notices for food premises.
The directive is listed hereunder:-
"Your Council will probably be aware that Part 4, Division 2 of the Food
Act 1989 vests certain wide-ranging powers in the Director-General of
the Department of Health to issue clean-up notices to food premises if those
premises are not in a clean and sanitary state. If these notices are not
complied with within 24 hours, the Director-General also has the power
to issue a closure notice to the same premises until they are put into a
clean and sanitary state.
Although the exercise of those powers has been previously delegated to
shire and town clerks, certain provisions of the Local Government Act
1993 effectively mean that such delegations have ceased to be effective.
You will no doubt be aware that section 381(3) of the Act forbids the
delegation of any council function to the General Manager of a council
without council's approval.
Given the serious nature of the power as it may affect local food businesses,
I have decided that it should not be exercised by councils at other than
General Manager level. I have therefore agreed to delegate my powers
under Part 4, Division 2 of the Food Act to council General Managers,
subject of course to the approval of those councils. If your council
formally approves this power being delegated to the General Manager,
I would appreciate it if council could formally advise the Director of your
local Public Health Unit of the decision so that these decisions can be
collated."
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: 06.05.01 DEVELOPMENT & HEALTH |
HEADING: Recommendation SOUTHERN SYDNEY PUBLIC HEALTH UNIT - CLEAN UP NOTICES AND CLOSURE NOTICES FOR FOOD PREMISES
(Report by Manager, Environmental Services, Mr. G. Young)
06.05.01 Recommendation SOUTHERN SYDNEY PUBLIC HEALTH UNIT - CLEAN UP NOTICES AND CLOSURE NOTICES FOR FOOD PREMISES
(Report by Manager, Environmental Services, Mr. G. Young)
RECOMMENDATION
- THAT Council delegates the powers contained in Part 4, Division 2 of
the Food Act 1989 to the General Manager and the Director of the
Southern Sydney Public Health Unit be advised of Council's decision.
* * * * * *
Yours faithfully,
T Dartnell
Acting Divisional Manager -
Development and Health