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 98 11 04TH NOVEMBER, 1998-


05:01 Ward Councillors' Reports
05:02 Development Applications - Hurstville Ward
05:02.01 124 Millett Street, Hurstville (D.A. 19988214)
Detached Dual Occupancy

05:02.02 75 Bassett Street, Hurstville (D.A. 191/98)
Detached Dual Occupancy

05:03 Development Applications - Penshurst Ward
05:03.01 2A Walter Street, Mortdale (D.A. 126/98)
Construction Of A Dwelling As Part Of An Approved Dual Occupancy Development

05:03.02 16-21 Collier Avenue, Narwee (D.A. 159/98)
Housing For Older Persons And Persons With Disabilities

05:03.03 415B King Georges Road, Beverly Hills (Known As 411 King Georges Road ) (D.A. 221/88)
Continuation Of Extended Trading Hours For A Restaurant To 3.00 A.M.

05:04 Development Applications - Peakhurst Ward
05:04.01 18 Kims Avenue, Lugarno (D.A. 19988225)
Detached Dual Occupancy

05:05 Miscellaneous And Other Matters
05:05.01 37 Woodlands Avenue, Lugarno (File No. Da/988147)
Appeal Against Deemed Refusal Of D.A. 8147/98 For A Subdivision For 11 Residential Lots

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.01 WARD COUNCILLORS' REPORTS

THERE ARE NO WARD COUNCILLORS' REPORTS IN RESPECT TO DEVELOPMENT APPLICATIONS FOR THIS MEETING

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02 DEVELOPMENT APPLICATIONS - HURSTVILLE WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.01 124 MILLETT STREET, HURSTVILLE (D.A. 19988214)
DETACHED DUAL OCCUPANCY
(Report by Senior Town Planner, Ms. L. Williams)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 124 MILLETT STREET, HURSTVILLE (D.A. 19988214)
DETACHED DUAL OCCUPANCY
(Report by Senior Town Planner, Ms. L. Williams)


. Recommendation 124 MILLETT STREET, HURSTVILLE (D.A. 19988214)
DETACHED DUAL OCCUPANCY
(Report by Senior Town Planner, Ms. L. Williams)



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.02 29A-31, LOT A, DP 345256, BASSETT STREET, HURSTVILLE (D.A. 152/98 AND S.26/98) - TORRENS TITLE SUBDIVISION (Report by Divisional Manager - Development & Health, Mr D Beaumont)


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.03
DEVELOPMENT & HEALTH

HEADING: Recommendation 29A-31, LOT A, DP 345256, BASSETT STREET, HURSTVILLE (D.A. 152/98 AND S.26/98) - TORRENS TITLE SUBDIVISION (Report by Divisional Manager - Development & Health, Mr D Beaumont)

. Recommendation 29A-31, LOT A, DP 345256, BASSETT STREET, HURSTVILLE (D.A. 152/98 AND S.26/98) - TORRENS TITLE SUBDIVISION (Report by Divisional Manager - Development & Health, Mr D Beaumont)


RECOMMENDATION



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.03A 75 BASSETT STREET, HURSTVILLE (D.A. 191/98)
DETACHED DUAL OCCUPANCY
(Report by Town Planning Consultants, Connor/Siwak)



A D D E N D U M

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 75 BASSETT STREET, HURSTVILLE (D.A. 191/98)
DETACHED DUAL OCCUPANCY
(Report by Town Planning Consultants, Connor/Siwak)


. Recommendation 75 BASSETT STREET, HURSTVILLE (D.A. 191/98)
DETACHED DUAL OCCUPANCY
(Report by Town Planning Consultants, Connor/Siwak)



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.04A 30-34 MORRIS AVENUE, KINGSGROVE (D.A. 137/98)
HOUSING FOR OLDER PEOPLE OR PEOPLE WITH A DISABILITY
(Report by Town Planning Consultant, Mr. D. Mercer)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.04
DEVELOPMENT & HEALTH

HEADING: Recommendation 30-34 MORRIS AVENUE, KINGSGROVE (D.A. 137/98)
HOUSING FOR OLDER PEOPLE OR PEOPLE WITH A DISABILITY
(Report by Town Planning Consultant, Mr. D. Mercer)


. Recommendation 30-34 MORRIS AVENUE, KINGSGROVE (D.A. 137/98)
HOUSING FOR OLDER PEOPLE OR PEOPLE WITH A DISABILITY
(Report by Town Planning Consultant, Mr. D. Mercer)



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.05A 2 CAHILL STREET AND 198-198A STONEY CREEK ROAD, BEVERLY HILLS (D.A. 180/98)
HOUSING DEVELOPMENT UNDER STATE ENCIRONMENTAL PLANNING POLICY NO. 5 - HOUSING FOR OLDER PERSONS AND PERSONS WITH DISABILITIES
(Report by Senior Town Planner, Ms. L. Williams)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.05A
DEVELOPMENT & HEALTH

HEADING: Recommendation 2 CAHILL STREET AND 198-198A STONEY CREEK ROAD, BEVERLY HILLS (D.A. 180/98)
HOUSING DEVELOPMENT UNDER STATE ENCIRONMENTAL PLANNING POLICY NO. 5 - HOUSING FOR OLDER PERSONS AND PERSONS WITH DISABILITIES
(Report by Senior Town Planner, Ms. L. Williams)


. Recommendation 2 CAHILL STREET AND 198-198A STONEY CREEK ROAD, BEVERLY HILLS (D.A. 180/98)
HOUSING DEVELOPMENT UNDER STATE ENCIRONMENTAL PLANNING POLICY NO. 5 - HOUSING FOR OLDER PERSONS AND PERSONS WITH DISABILITIES
(Report by Senior Town Planner, Ms. L. Williams)



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03 DEVELOPMENT APPLICATIONS - PENSHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03.01 2A WALTER STREET, MORTDALE (D.A. 126/98)
CONSTRUCTION OF A DWELLING AS PART OF AN APPROVED DUAL OCCUPANCY DEVELOPMENT
(Report by Senior Town Planner, Ms. L. Williams)




Applicant : Clarendon Homes
Proposal : CONSTRUCTION OF A
DWELLING AS PART
OF AN APPROVED DUAL
OCCUPANCY DEVELOPMENT
Zoning : Zone No. 2 - Residential
Interim Residential
Development Code : Development Area "B"
Owners : Mr P. & Mrs T. Dailly
Existing Development : Vacant Land
Cost of Development : $114,000

PRECIS OF REPORT

1. Applicant seeks to construct a two storey dwelling and vary the covenant burdening the lot in relation to an approved dual occupancy development.

2. The proposal meets the development standards and objectives of Council's Interim Residential Development Code.

3. The Managers for Building and Engineering raise no objection to the proposal.

4. Two submissions by adjoining neighbours were received during the notification period. One submission raised no objection to the application as submitted and the other submission raised concerns to privacy, shadowing and noise.

5. The proposal is considered reasonable in the circumstances and recommend approval subject to the imposition of appropriate conditions.

Background

A development application for detached dual occupancy was approved 26 June, 1995. The development approved construction of a single storey dwelling at the rear of an existing weatherboard dwelling.

An application for subdivision was submitted prior to the construction of the dual occupancy development. Subdivision of the land was approved on 13 October, 1998 and required the creation of a positive covenant to ensure that the buildings on the proposed lots are built in accordance with the approved dual occupancy development.

The subdivision has been registered with the Land Titles Office, with the inclusion of the said positive covenant.

Proposal

The development application seeks to vary the positive covenant to construct a two storey dwelling in place of the approved single storey dwelling.

The dwelling will comprise of living areas and a double garage on the ground floor with four bedrooms, TV room and bathrooms on the first floor.

Existing and Surrounding Development

The subject site is located on the corner of Forest Road and Walter Street with the locality dominated by single storey dwellings on large regular shaped lots.

The adjoining dwelling to the south is single storey with rooms located in the attic and a high pitched roof. This is equivalent in height to two storeys with the appearance of single storey from Walter Street.

Statutory Requirements

The subject site is zoned "2 - Residential" under the provisions of Hurstville Local Environmental Plan, 1994. The proposal is a permissible use with the consent of Council.

The proposed development is also subject to the provisions of Council's Interim Residential Development Code (IRDC), 1995.

The proposal has been inspected and assessed against the relevant Section 90 "Heads of Consideration" pursuant to the Environmental Planning and Assessment Act, 1979.

Assessment of the Proposal

The development will have a similar footprint to the approved dwelling, improving the previous internal layout. The design of the dwelling relocates the family room to obtain direct access to the private courtyard and provide a northerly aspect to the internal living areas. The development increases the setback to the adjoining dwelling along the southern elevation which also minimises any impact from shadowing.

The proposed development satisfies all development standards and objectives of Council's IRDC, and increases the total landscape area on the site. An issue arises to the strict compliance for the maximum height and storeys permitted.

The site of the original development is located on a corner allotment. The maximum storeys and overall height under the IRDC provisions does not define the front and rear of the site in association with corner allotments. In the circumstances, the proposal fronts Walter Street and adjoins a dwelling on the property to the south which has a similar height. As such the proposed two storey dwelling may be considered reasonable and to comply with the objectives of Council's IRDC.

Public Notification

Adjoining and surrounding property owners were notified by mail and given 14 days to submit any concerns or issues with the development.

Two submissions were received. One submission raised no objection subject to the dwelling being built in accordance with the plans which sets the dwelling 7.5 metres from the side property boundary with no windows directly opposite the elevation.

The second submission raises the following concerns:

1) Invasion of privacy
2) Development will overshadow the courtyard and clothes drying area
3) Increase in noise

General Comments

The dwelling will orientate the majority of the first floor windows to the street elevation. Bathroom and ensuite windows, as well as two bedroom windows, will be located on elevations adjoining the properties. These rooms are of a low frequent usage and the windows have been situated to minimise overlooking. As such, the proposal meets the objectives of the IRDC and is considered reasonable.

The shadow diagrams submitted by the applicant demonstrates that the courtyard and clothes drying area for the property adjoining to the west elevation will be shadowed in the early morning until approximately 10:00 a.m. The proposed will, therefore, exceed the minimum provision for sunlight access specified in the IRDC and is considered reasonable.

The noise generated by the development will be no greater than the original development approved.

Summary

The proposed development satisfies the development controls and objectives specified in Council's IRDC. In the circumstances the internal design of the proposed dwelling will improve the energy efficiency provisions internally, and will not adversely impact on the adjoining properties.

The proposal has been inspected and assessed against the relevant Section 90 "Heads of Consideration" under the provisions of the Environmental Planning and Assessment Act, 1979. The proposal satisfies these provisions. As such, it is considered a reasonable development to support.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 2A WALTER STREET, MORTDALE (D.A. 126/98)
CONSTRUCTION OF A DWELLING AS PART OF AN APPROVED DUAL OCCUPANCY DEVELOPMENT
(Report by Senior Town Planner, Ms. L. Williams)


. Recommendation 2A WALTER STREET, MORTDALE (D.A. 126/98)
CONSTRUCTION OF A DWELLING AS PART OF AN APPROVED DUAL OCCUPANCY DEVELOPMENT
(Report by Senior Town Planner, Ms. L. Williams)



RECOMMENDATION


THAT Council as the consent authority grant development consent for the construction of a two storey dwelling as part of an approved dual occupancy development at 2A Walter Street, Mortdale, subject to the following conditions :

1. Compliance generally with Drawing No Job No. 210270 tables and documentation prepared by Clarendon Homes dated 3 April, 1998 and submitted with DA 126/98, 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. All stormwater from the development to drain by gravity to the kerb and gutter in Walter Street.

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 construct a new 100mm thick unreinforced concrete vehicular crossing in Walter Street. Quote given on request.
OR
Construction of the above work 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 or retaining walls constructed on the boundaries. Dropped edge beams to the perimeter of the dwelling must be provided.

8. The work being the subject of the development consent, shall not be occupied until a final inspection has been made by Council and a Building Certificate has been issued.

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 a Building Certificate. It is to be the responsibility of the developer to pay for the construction of the fence and to ascertain which type of fence is preferred by the adjoining property owners.

10. All existing vehicular crossings adjacent to the subject property that have become redundant are to be reinstated with kerb and guttering at the applicant's expense prior to issue of a Certificate of Classification. Should the applicant elect to construct the work, it is to be carried out in accordance with Council's conditions, specifications together with a payment of Council's administration fee.

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 developer must submit a Compliance certificate pursuant to Section 73 of the Water Board (Corporatisation) Act 1994 to Council with the Construction Certificate Application / Subdivision Certificate.

13. Energy Australia - Arrangements shall be made with Energy Australia in relation to:

(a) the necessity for the provision of underground low voltage electricity conduits within the footway area of Walter Street ;
(b) the method of connection of the property to the Energy Australia supply, ie. either underground connection or by overhead supply; and
(c) the need for the provision of a kiosk-type substation.

Details of works required by Energy Australia must be submitted with the Building Application. Where a kiosk-type substation is proposed, it must be located within the site boundary or within the building subject to compliance with the BCA. Where works are required within the road reserve, a Road Opening Permit Application must be submitted to and approved by Council prior to the approval of any Building Application.

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

15. The submission of a detailed landscape plan to the satisfaction of the Manager, Development 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, Development Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Development Services.

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

17. The positive covenant which burdens Lots 811 and 812 in DP 872286 is to be varied to "ensure compliance with the dwelling approved by DA 126/98 on Lot 812".

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03.02 16-21 COLLIER AVENUE, NARWEE (D.A. 159/98)
HOUSING FOR OLDER PERSONS AND PERSONS WITH DISABILITIES
(Report by Senior Town Planner, Ms L Williams)




Applicant : Department of Housing
Proposal : STATE ENVIRONMENTAL PLANNING POLICY
NO. 5 - HOUSING FOR OLDER PERSONS AND
PERSONS WITH DISABILITIES
Zoning : Zone No. 2 - Residential
Interim Residential
Development Code : Development Area "B"
Owner : Department of Housing
Existing Development : Residential dwellings
Cost of Development : $1,200,000

PRECIS OF REPORT

1. The proposal is for the development of housing for older persons and persons with disabilities under the provisions of State Environmental Planning Policy (SEPP)
No. 5.

2. No objections have been raised by building or engineering Managers.

3. Five (5) submissions were received during the notification period. The concerns relate to compliance of requirements under Council's Interim Residential Development Code. SEPP No. 5 overrides these provisions.

4. It is recommended that draft conditions of approval be referred to the Department of Housing for their agreement.

The Proposal

The development is a mix of single and two storey development containing eighteen (18) units - sixteen (16) units comprise of one (1) bedroom with living areas, and two (2) units contain two (2) bedrooms with living areas.

A parking area for six (6) vehicles is located at the front of the site, with direct access to Collier Avenue. A common area and gazebo area is located at the centre, in the rear of the site.

Statutory Requirements

The site is zoned No. 2 - Residential under the provisions of Hurstville Local Environmental Plan 1994. The proposal is permissible with the consent of Council.

The development has been submitted under the provisions of SEPP No. 5. Although the site is also affected by Council's Interim Residential Development Code (IRDC), the development standards and design requirements specified by SEPP No. 5 override the local controls of Council's IRDC.

The proposal has been inspected and assessed against the relevant Section 90 "Heads of Consideration" of the Environmental Planning and Assessment Act 1979.

Assessment of the Proposal

The proposal has been assessed under the provisions of SEPP No. 5 and complies with all statutory and design requirements. A summary of the provisions is tabled below.
State Environmental Planning Policy No. 5 (SEPP 5)
Development StandardSEPP No.5 GuidelinesCompliance
Wheelchair Access50% of units to have wheelchair access to an adjoining public road, or an internal road, or a driveway and accessible to residents.

10% of units to have wheelchair access to all rooms.
Required: 50% x 18 = 9
Proposed: 12 YES





Required: 10% x 18 = 1.8 units
Proposed: 6 YES
Building HeightLess than 8 metres.
(distance measured vertically from any point of the ceiling of the building to the ground level immediately below that point).
Average height of 5 metres
YES
Density and ScaleFloor space ratio (as defined in SEPP No.5) to be 0.5:1 or less.FSR = 0.41 YES
Landscaped AreaA minimum of 35m2 of landscaped area per dwelling to be provided.

The landscaped area is not less than the sum of units calculated by 35 respectively.
18 units x 35 = 630m2
Required = 630m2
Proposed = 920 m2 YES
ParkingOne car parking space for each 5 self contained dwellings (where the application is made by Dept. of Housing)
The minimum requirement is 3.6 spaces.
6 spaces provided YES
Site AnalysisInformation as described, and appropriate, in Schedule 2 (Site analysis) of SEPP No. 5.

A written statement attached about how the design has regard to the site analysis.
Site analysis submitted as required by SEPP 5.
StreetscapeContribute to an attractive residential environment with clear character and identity.

Retain, complement, and sensitively harmonise with any heritage conservation areas or items identified in a LEP and in the vicinity.
The proposed development will make a positive contribution to the streetscape and create an attractive residential development.
Visual and Acoustic PrivacyLocation and design of windows and balconies, use of screening devices and landscaping for neighbours and residents.

Ensure acceptable noise levels in internal living and sleeping areas of new dwellings.
Particular attention has
been made to the
placement of windows and first floor patios.
Solar Access and Design for ClimateAdequate daylight to the main living areas for neighbours and residents.

Adequate sunlight to substantial areas of private open space.

Involve site planning, dwelling design and landscaping that reduces energy use and makes best practicable use of natural ventilation, solar heating and lighting.
Adequate sunlight is achieved for residents. The two storey building containing units 7-10 should be relocated 2.0 metres to the north to improve sun access to No. 2 Levitt Street.


Satisfied.

The design orientates the units where possible to optimise energy efficiency.
StormwaterControl and minimise the disturbance and impacts of stormwater runoff on adjoining properties.

Include on-site stormwater detention or re-use for second quality water uses.

Design have regard to the scope for on-site infiltration of water.
Issue of drainage has been addressed as part of the Development Application submission.

On site detention basin is proposed.
Crime PreventionAllow general observation of the street, the site, and approaches to the unit’s entry from inside each dwelling.

Provide shared entries to a small number of units that can be locked.

Design to allow residents to see who approaches their units without opening the front door.
All units provide surveillance over the communal open space areas at the front of the units.

Shared entries have been minimised to allow units to be locked.

Surveillance is available at the entry points to each of the units from the living area of units.
AccessibilityConvenient, obvious and safe pedestrian and bicycle links to public transport and local facilities.

Provide attractive, safe environments for pedestrians, cyclists and motorists.

Convenient access and parking for residents and visitors.

Where feasible design one continuous accessible path of travel to the street frontage, car parking, all buildings, facilities and open spaces in the site for use by people with a disability.
The proposed development provides for wheelchair access and adequate parking has been provided on site.

Continuous accessible paths have been provided throughout the development to provide for people with disabilities.
Waste ManagementProvide waste facilities that maximise recycling.Waste facilities will be available on site.
Visual BulkBuilding setbacks increase as wall heights increase so as to reduce bulk and overshadowing.

Use building form and siting that relates to the site’s land form.

Building heights at the street frontage be compatible in scale with adjacent development.

Impact of boundary walls on neighbours.

Maintain reasonable neighbour amenity and appropriate residential character.
The minimum side/rear boundary setback is 2 metres. This is considered
acceptable.




The proposed development responds well to the site characteristics. The design responds well to the site orientation and shape and provides for a ranging of housing types.


Under the provisions of SEPP No. 5, an application cannot be refused where the development complies with building height, density and scale, landscaped area and parking as specified. In addition. SEPP No. 5 states consent can only be given where all other development standards and design requirements are adequate.

As highlighted in the above table, the proposal meets these provisions.

Public Notification

The proposal was advertised in the local newspaper as well as being notified by mail to adjoining and surrounding property owners for a period of twenty one (21) days.

Five (5) submissions were received and raised the following concerns:

(i) Building height does not comply with Council's Interim Residential Development
Code (IRDC).

(ii) Impact on the privacy and amenity of the neighbours.

(iii) Poor solar access.

(iv) Lack of parking.

(v) Boundary fencing is only proposed at 1.5m in height.

General Comments

The concerns detailed above have been raised with an understanding of the development requirements specified for multi-unit housing under Council's IRDC.

The development will be purposely designed and located to support the needs of older people and persons with a disability as stated in the objectives of SEPP No. 5. This is achieved through the development standards specified under SEPP No. 5. Where there are inconsistencies with any other planning instrument, SEPP No. 5 provisions prevail.

The location has reasonable access to shops, community and health services, transport and recreational facilities available in the locality and region.

The provision of parking on-site is greater than what is specified by SEPP No. 5. However, it is noted that the lower requirement for parking reflects the greater dependency of older people on public transport services rather than on private vehicles.

The applicant is aware of the concerns raised by residents and advises that boundary fencing will be 1.8m in height and not 1.5m. Dense screen planting is to be provided along the western side boundary where the site is elevated.

There is a concern that solar access to the private open space and living areas may be inadequate for the neighbours and future residents of the units along the rear eastern elevation and southern side elevation. A condition of consent requires a greater rear setback forone of the two storey buildings which will ameliorate this concern.

Manager - Building Services

The Manager raises no objection to the proposal.

Manager - Development Advice

The Manager advises of drainage and on-site stormwater detention requirements associated with the development. No objections to the proposal have been raised.

Tree Preservation Officer

The Tree Preservation Officer has requested the Phoenix canariensis be transplanted and notes that all other existing vegetation may be removed.

Summary

The proposal is permissible in the zoning provisions of Hurstville Local Environmental Plan 1994 and satisfies the provisions of SEPP No. 5.

It is considered that the overall design of the development is appropriate in respect to meeting the specific needs of older persons and persons with disabilities.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 16-21 COLLIER AVENUE, NARWEE (D.A. 159/98)
HOUSING FOR OLDER PERSONS AND PERSONS WITH DISABILITIES
(Report by Senior Town Planner, Ms L Williams)


. Recommendation 16-21 COLLIER AVENUE, NARWEE (D.A. 159/98)
HOUSING FOR OLDER PERSONS AND PERSONS WITH DISABILITIES
(Report by Senior Town Planner, Ms L Williams)



RECOMMENDATION


THAT Council as the consent authority:

a) Refer the following conditions to the Department of Housing for approval.

b) Upon the conditions being agreed to by the Department of Housing, the
Divisional Manager - Development & Health be authorised to grant
conditional consent under delegated authority.


GENERAL

1. Compliance generally with Drawing No 9802, SK01 and SK02 tables and documentation dated March, 1998 and submitted with DA 159/98, except where amended by the conditions of consent.

2. The rear boundary setback of the two storey building containing units 7-10 shall be increased by 2.0 metres to 6.5 metres to improve solar access to the dwellings 2 and 4 Levitt Street and the carparking area shall be adjusted accordingly.

3. All building materials to be compatible in colour and texture throughout the whole project.

4. All wheelchair access is to be designed to accord with Australian Standard AS 1428-1992, 1993 (Design for Access and Mobility).

5. The design of common areas and facilities are to ensure access is provided for a person using a wheelchair.

6. Should the development not be Strata Sub-divided the lots to which the development relates shall be consolidated into one allotment and the plan registered at the Land Titles Office prior to a Certificate of Occupation being issued, or alternatively, the applicant is to produce a dealing number from the Lands Titles Office prior to the commencement of construction.

SECTION 94 CONTRIBUTIONS

7. 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 $47,246 and payable prior to commencement of work on the site.

8. 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 $4175.30 and payable prior to commencement of work on the site.

9. Management - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, the developer must pay to the Council a monetary contribution for Section 94 planning and management.

The contribution is based on the criteria that the significant costs to Council associated with section 94 planning and management are a direct measurable consequence of the approved development. Therefore it is appropriate to seek to partly offset these costs from the development.

The total Section 94 Management contribution required for this development is $1825.60 and is payable before commencement of work on the site.

BUILDING REQUIREMENTS

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 are to 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. A 1.8 metre high lapped and capped paling fence (suitably stained) or 1.8 metre high colourbond metal fencing is to be erected on the side and rear boundaries.

12. The units are to be designed to accord with Australian Standards AS 2107-1987 (Acoustics) and AS 3671 (Road Traffic Noise Intrusion).

13. The development is to be occupied by older people or people with a disability as defined by State Environmental Planning Policy No. 5.

A covenant is to be imposed pursuant to Section 88E of the Conveyancing Act stating that the development is to be occupied by older people or people with a disability as defined by State Environmental Planning Policy No. 5. Council is to be nominated as the authority to modify, release or extinguish.

14. Appropriate dust suppression measures to beinstalled/utilised during excavation and construction.

SERVICES

15. Compliance with the requirements of Energy Australia 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 Energy Australia and obtain confirmation of that authority's requirements. The kiosk site shall be dedicated at the applicant's expense for use of Energy Australia.

16. A Compliance Certificate under Section 73 of the Water Board (Corporation) Act 1994 being obtained prior to commencement of building work.

STORMWATER MANAGEMENT

17. All stormwater is to drain by gravity to the kerb and gutter in Collier Avenue.

18. 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 5% 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.

19. Stormwater drainage plans should be prepared by a qualified practising hydraulics engineer.

20. The disposal of seepage water through the retaining wall onto adjoining premises 20 and 22 Wiruna Crescent shall be agreed in writing by the owners of those premises.

ENVIRONMENTAL MATTERS

21. Sediment-laden runoff from the site should be controlled at all times and subsequent to commencement of any construction works. Sediment control measures should be maintained at all times and checked for adequacy at the conclusion of each day's work.

22. A domestic waste service is to be available for each unit with a minimum of one (1) bin for every two (2) units and common recycling bins.

23. A common garbage and recycling bin storage area is to be provided within 12.0 metres of the front boundary and screened from public view. The storage area is not to obstruct or interfere with the use of parking facilities and accessways.

PARKING AND VEHICULAR ACCESS

24. The provision on site of six (6) car spaces in accordance with plans submitted with D.A. 159/98.

25. Applicant to pay Council to :
a) construct two new crossings each 100mm thick reinforced concrete with F72 mesh.
b) redundant crossings shall be removed and the kerb replaced. Quote given on request.
OR
Construction of the above work 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.

26. 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. It is suggested that the design of the carpark can provide access for emergency vehicles.

LANDSCAPING

27. All vegetation is to be cleared with the exception of the Phoenix canariensis which is to be transplanted.

28. All landscape works shall be completed in accordance with the landscape plan approved as part of this Development Consent.

29. A screen lattice type fence shall be erected along the edge of the level courtyard area of units 15-18 as a temporary privacy screen to adjoining dwellings pending the growth of the screen shrubs along the western boundary.



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03.03 415B KING GEORGES ROAD, BEVERLY HILLS (KNOWN AS 411 KING GEORGES ROAD ) (D.A. 221/88)
CONTINUATION OF EXTENDED TRADING HOURS FOR A RESTAURANT TO 3.00 A.M.
(Report by Divisional Manager - Development & Health, Mr D Beaumont)




Applicant : P & H Paphitis
Proposal : CONTINUATION OF EXTENDED TRADING
HOURS FOR A RESTAURANT TO 3.00 A.M.
Zoning : Zone No. 3(a) - General Business
Owners : UNA Investments Pty Ltd
Existing Development : Restaurant on basement level of three
storey commercial building

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.03
DEVELOPMENT & HEALTH

HEADING: Recommendation 415B KING GEORGES ROAD, BEVERLY HILLS (KNOWN AS 411 KING GEORGES ROAD ) (D.A. 221/88)
CONTINUATION OF EXTENDED TRADING HOURS FOR A RESTAURANT TO 3.00 A.M.
(Report by Divisional Manager - Development & Health, Mr D Beaumont)


. Recommendation 415B KING GEORGES ROAD, BEVERLY HILLS (KNOWN AS 411 KING GEORGES ROAD ) (D.A. 221/88)
CONTINUATION OF EXTENDED TRADING HOURS FOR A RESTAURANT TO 3.00 A.M.
(Report by Divisional Manager - Development & Health, Mr D Beaumont)



RECOMMENDATION



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04 DEVELOPMENT APPLICATIONS - PEAKHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04.01 18 KIMS AVENUE, LUGARNO (D.A. 19988225)
DETACHED DUAL OCCUPANCY
(Report by Town Planning Consultant, Connor / Siwak)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 18 KIMS AVENUE, LUGARNO (D.A. 19988225)
DETACHED DUAL OCCUPANCY
(Report by Town Planning Consultant, Connor / Siwak)


. Recommendation 18 KIMS AVENUE, LUGARNO (D.A. 19988225)
DETACHED DUAL OCCUPANCY
(Report by Town Planning Consultant, Connor / Siwak)



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04.02A 37-45 WOODLANDS AVENUE, LUGARNO (D.A. 19988147)
TORRENS TITLE SUBDIVISION OF LAND TO CREATE 11 ALLOTMENTS (6 ADDITIONAL LOTS)
(Report by Consultant Town Planner, Connor/Siwak)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 37-45 WOODLANDS AVENUE, LUGARNO (D.A. 19988147)
TORRENS TITLE SUBDIVISION OF LAND TO CREATE 11 ALLOTMENTS (6 ADDITIONAL LOTS)
Report by Consultant Town Planner, Connor/Siwak)


. Recommendation 37-45 WOODLANDS AVENUE, LUGARNO (D.A. 19988147)
TORRENS TITLE SUBDIVISION OF LAND TO CREATE 11 ALLOTMENTS (6 ADDITIONAL LOTS)
Report by Consultant Town Planner, Connor/Siwak)



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05 MISCELLANEOUS AND OTHER MATTERS



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05.01 37 WOODLANDS AVENUE, LUGARNO (File No. DA/988147)
APPEAL AGAINST DEEMED REFUSAL OF D.A. 8147/98 FOR A SUBDIVISION FOR 11 RESIDENTIAL LOTS
(Report by Divisional Manager - Development & Health, Mr D Beaumont)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 37 WOODLANDS AVENUE, LUGARNO (File No. DA/988147)
APPEAL AGAINST DEEMED REFUSAL OF D.A. 8147/98 FOR A SUBDIVISION FOR 11 RESIDENTIAL LOTS
(Report by Divisional Manager - Development & Health, Mr D Beaumont)


. Recommendation 37 WOODLANDS AVENUE, LUGARNO (File No. DA/988147)
APPEAL AGAINST DEEMED REFUSAL OF D.A. 8147/98 FOR A SUBDIVISION FOR 11 RESIDENTIAL LOTS
(Report by Divisional Manager - Development & Health, Mr D Beaumont)



RECOMMENDATION



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 98 11 04TH NOVEMBER, 1998-


06:01 Ward Councillors' Reports

06:02 Building Applications - Hurstville Ward

06:03 Building Applications - Penshurst Ward

06:04 Building Applications - Peakhurst Ward

06:05 Miscellaneous And Other Matters

06:05.01 National Packaging Covenant - Support For Local Government & Shires Associations Of Nsw Position (Report By Manager - Environmental Services, Mr P Chrystal) (File W/00006)

06:05.02 Building Applications Determined Under Delegated Authority - 1St September, 1998 To 30Th September, 1998 (Report By Divisional Manager - Development & Health, Mr D Beaumont) (File T/01243)

06:05.03 Southern Sydney Waste Planning And Management Board - Minutes Of Meetings Held 10Th And 23Rd September, 1998 (Report By Manager - Environmental Services, Mr P Chrystal) (File W/00028)

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
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: .
DEVELOPMENT & HEALTH


06.02 BUILDING APPLICATIONS - HURSTVILLE WARD

ALL BUILDING APPLICATIONS FOR HURSTVILLE WARD HAVE BEEN DEALT WITH UNDER DELEGATED AUTHORITY.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.03 BUILDING APPLICATIONS - PENSHURST WARD

ALL BUILDING APPLICATIONS FOR PENSHURST WARD HAVE BEEN DEALT WITH UNDER DELEGATED AUTHORITY.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.04 BUILDING APPLICATIONS - PEAKHURST WARD

ALL BUILDING APPLICATIONS FOR PEAKHURST WARD HAVE BEEN DEALT WITH UNDER DELEGATED AUTHORITY.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05 MISCELLANEOUS AND OTHER MATTERS



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05.01 NATIONAL PACKAGING COVENANT - SUPPORT FOR LOCAL GOVERNMENT & SHIRES ASSOCIATIONS OF NSW POSITION (Report by Manager - Environmental Services, Mr P Chrystal) (File W/00006)


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.01
DEVELOPMENT & HEALTH

HEADING: Recommendation NATIONAL PACKAGING COVENANT - SUPPORT FOR LOCAL GOVERNMENT & SHIRES ASSOCIATIONS OF NSW POSITION (Report by Manager - Environmental Services, Mr P Chrystal) (File W/00006)

. Recommendation NATIONAL PACKAGING COVENANT - SUPPORT FOR LOCAL GOVERNMENT & SHIRES ASSOCIATIONS OF NSW POSITION (Report by Manager - Environmental Services, Mr P Chrystal) (File W/00006)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05.02 BUILDING APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY - 1ST SEPTEMBER, 1998 TO 30TH SEPTEMBER, 1998 (Report by Divisional Manager - Development & Health, Mr D Beaumont) (File T/01243)



The Building Applications as set out in the attached schedules have been
(1) approved, (2) rejected or (3) cancelled under delegated authority between 1st September, 1998 and 30th September, 1998.
1. BUILDING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY

WARD BA NO.PROPERTYAPPLICANTDESCRIPTIONRESULT DATE
Hurstville269/97A36 Kimberley Road, HurstvilleMr S DimanoskiTwo storey dwelling (amended plan)16/9/98
"278/98A43 Vine Street, HurstvilleMr A AronisTwo storey dwelling and garage2/9/98
"356/983 Cross Street, HurstvilleState Superannuation BoardAlteration of existing ships 462 and 468 - subdivision9/9/98
"394/9889 Bassett Street, HurstvilleMr N Tolevski and Mrs V TolevskiTwo storey dwelling1/9/98
"394/97A576 King Georges Road, PenshurstBellmarch Developments Pty LtdTwo storey dwelling - increasing height of dwelling by 750mm (amended)3/9/98
"413/9895 Forest Road, HurstvilleContainers LtdPre-fabricated panel enclosure for purpose of machinery9/9/98
"416/9860 Smiths Avenue, HurstvilleMr I M LovieGround and first floor addition to dwelling3/9/98
"420/98624 King Georges Road, PenshurstMr B Zhou and Mrs S Q JinDetached single storey dual occupancy - three bedroom single garage17/9/98
"441/9851 Morgan Street, KingsgroveMr R and Mrs A GouveiaDetached dual occupancy23/9/98
"443/98273 Forest Road, HurstvilleTran Van PhuShop fitout - bread shop4/9/98
Penshurst376/9814A Stephen Street, PenshurstSumerlin HomesNew detached dual occupancy1/9/98
"421/9829-31 Treloar Avenue, MortdaleW & K Singleton2x3 attached townhouses, 2x3 detached, 2x3 attached villas and 17 parking spaces4/9/98
"423/9814-16 Hampden Street, Beverly HillsBava Constructions Pty LtdThree storey 8x3 and 2x2 units and 16 basement parking spaces1/9/98
"444/9821 Queensbury Road, PenshurstL RomanovskiDetached dual occupancy - first floor addition and new dwelling23/9/98
"840/97165 Penshurst Street, Beverly HillsBishop Hitchcock Pty LtdAddition to rear of existing factory unit (amended)8/9/98
Peakhurst41/97A116-118 Moons Avenue, LugarnoT Sako, J M SakoTwo level double garage and inclinator - amended plans9/9/98
"111/98A78 Lugarno Parade, LugarnoA B & N E StephensAdditions and alterations to dwelling (amended plans)3/9/98
"130/98A3 Marine Drive, OatleyMr A Vasilaras and Mrs O LagosRear concrete patio (amended)8/9/98
"292/9846 Boorara Ave, OatleyMr A D & Mrs M SontagAdditions to two storey dwelling7/9/98
"310/988 Bowman Street, MortdaleMr N & Mrs G DitsasInground swimming pool9/9/98
"333/9811 David Place, PeakhurstMr P C BoothInground swimming pool and front fence30/9/98
"354/9860-62 Roberts Ave, MortdaleUltra Design EngineeringTwo storey 4x3 and 2x2 bedrooms townhouses & villas (including 10 parking spaces)8/9/98
"362/9852 Amy Road, RiverwoodCameron R Jones Innovative Building DesignAdditions and alterations to dwelling2/9/98
"366/9815 Coleridge Street, RiverwoodJack Hanna Constructions Pty Ltd5x2 bedroom home units with basement parking23/9/98
"388/9813 Chivers Avenue, LugarnoMr C Grasevski and Mrs L GrasevskiTwo storey dwelling and swimming pool1/9/98
"395/9864A Llewellyn Street, OatleyCameron R Jones Innovative Building DesignAddition and alteration to existing dwelling30/9/98
"405/9829A Woodlands Ave, LugarnoMr K J LaneInground swimming pool30/9/98
"410/9826 Blackbutt Ave, LugarnoMr S Terkalas and Mrs C J TerkalasDouble garage10/9/98
"426/9811 Johnstone Street, PeakhurstMr O T SnellingAttached dual occupancy with attached double garages - three bedroom9/9/98
"428/9825 Mimosa Street, OatleyMrs G Skaf1x5 and 1x4 bedroom detached dual occupancy dwellings (4 car parking spaces)28/9/98
"435/9858 Shenstone Road, RiverwoodMr E Wahhab2x3 bedroom detached dual occupancy dwellings23/9/98
"749/95A353 Belmore Road, RiverwoodB & S R ReddyShop alterations (amended)2/9/98
"750/97A12 Woodcliff Pde, LugarnoMr D M & Mrs E M StodartAddition to dwelling and garage (amended)3/9/98


2. BUILDING APPLICATIONS REJECTED UNDER DELEGATED
AUTHORITY

WARD BA NO.PROPERTYAPPLICANTDESCRIPTIONRESULT DATE
Nil

3. BUILDING APPLICATIONS CANCELLED

WARD BA NO.PROPERTYAPPLICANTDESCRIPTIONRESULT DATE
Hurstville491/9634 MacMahon Street, HurstvilleV Bonificio16/9/98


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.02
DEVELOPMENT & HEALTH

HEADING: Recommendation BUILDING APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY - 1ST SEPTEMBER, 1998 TO 30TH SEPTEMBER, 1998 (Report by Divisional Manager - Development & Health, Mr D Beaumont) (File T/01243)

. Recommendation BUILDING APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY - 1ST SEPTEMBER, 1998 TO 30TH SEPTEMBER, 1998 (Report by Divisional Manager - Development & Health, Mr D Beaumont) (File T/01243)


RECOMMENDATION


THAT the information be noted.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05.03 SOUTHERN SYDNEY WASTE PLANNING AND MANAGEMENT BOARD - MINUTES OF MEETINGS HELD 10TH AND 23RD SEPTEMBER, 1998 (Report by Manager - Environmental Services, Mr P Chrystal) (File W/00028)



Reason


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.03
DEVELOPMENT & HEALTH

HEADING: Recommendation SOUTHERN SYDNEY WASTE PLANNING AND MANAGEMENT BOARD - MINUTES OF MEETINGS HELD 10TH AND 23RD SEPTEMBER, 1998 (Report by Manager - Environmental Services, Mr P Chrystal) (File W/00028)

. Recommendation SOUTHERN SYDNEY WASTE PLANNING AND MANAGEMENT BOARD - MINUTES OF MEETINGS HELD 10TH AND 23RD SEPTEMBER, 1998 (Report by Manager - Environmental Services, Mr P Chrystal) (File W/00028)


RECOMMENDATION