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-
05:02 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)
- Applicant : Mr. F. & Mrs. T. Adamson
Proposal : DETACHED DUAL OCCUPANCY
1X4 BEDROOM TWO STOREY DWELLING
AND 1X2 BEDROOM SINGLE STOREY DWELLING
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area "B"
Owners : Mr. F. & Mrs. T. K. Adamson
Existing Development : Single Storey Dwelling
Cost of Development : $310,000
PRECIS OF REPORT
1. The detached dual occupancy development comprises a four bedroom two storey dwelling and a two bedroom single storey dwelling.
2. The proposal is an amended application as a result of discussions with Council Officers and in response to the previous grounds of refusal. The proposal reflects the agreed amendments.
3. No objections have been raised by Council's Building Surveyor and Engineer.
4. The proposal was placed on public notification receiving eight (8) submissions and one (1) petition with 52 signatories objecting to the proposal.
5. It is recommended that the Development Application be approved subject to the imposition of appropriate conditions.
The Site and Surrounding Area
The subject site is a rectangular block having an area of approximately 744 square metres and a frontage of 15.24 metres to Millett Street. The land slopes from the east to west by approximately 1.5 metres.
The site is occupied by a single storey residence with some outbuildings. The site is located in a quiet street which is residential comprising one and two storey houses. A two storey dwelling has been completed on the adjoining property along the north-western boundary (known as 126 Millett Street).
Proposed Development
The proposed development is to construct a detached dual occupancy development comprising a two storey unit fronting the street and a single storey unit at the rear.
The two storey unit generally comprises living areas, and double garage on the ground floor and four (4) bedrooms on the first floor. The rear unit will be single storey and comprise of living areas, two (2) bedrooms and a single garage.
This proposal varies from the previous development application by deleting the basement carpark area and modifying the design and size of the two storey dwelling fronting the street.
Background
At Council's meeting on 17 December, 1997, the original proposal was refused on the following grounds :
2. The building will have an adverse effect on the privacy of adjoining premises due to the location of windows and balconies.
3. The building will overshadow the adjoining property.
4. The amount of excavation proposed will be detrimental to the adjoining neighbour.
5. The development will have a detrimental effect on the amenity of the immediate neighbourhood.
6. That the garage driveway does not provide adequate turning area for vehicles."
All parties in attendance agreed to amendments to the two storey dwelling fronting the street. The amendments related to the size and number of windows, openings and balconies that were considered to invade the privacy of the adjoining property owners.
The amended proposal was reported to Council on 13 May, 1998 and refused for the following reasons :
- "1. The design is considered poor as it is fragmented by differing window shapes, by complex scale of roof shape and is lacking in top and bottom definition and this leads to the building appearing excessively bulky.
2. The building lacks distinction between the front and south side elevations which varies from the pattern of other buildings in the street.
3. The building is not in keeping with the style of other buildings in the area.
4. The development will have a detrimental effect on the amenity of the neighbourhood."
Statutory Requirements
The proposal has been assessed against the relevant Section 79C "Matters for Consideration" of the Environmental Planning and Assessment Act, (as amended) 1979.
The subject site is zoned 2 - Residential under the provisions of Hurstville Local Environmental Plan 1994 (LEP 1994). The proposal is permissible with council consent.
Council's Interim Residential Development Code (IRDC) applies to the subject site.
Assessment of the Proposal
The proposal has been assessed under the provisions of Council's Interim Residential Development Code (IRDC) and compliance with the technical requirements is tabled below.
IRDC 1995 CONTROLS |  | PROPOSAL | COMPLIANCE |
| Density (site area/unit) 744 m2 | 315 m2 | 372 m2/unit | Yes |
| Landscaped Open Space 372 m2 | * 50% | 369 m2 49.5% | No |
| Front Site Height Maximum | 9 m | 8.0 m | Yes |
| Rear Site Height Maximum | 6 m | 5.2 m | Yes |
| Front Site Storeys Maximum | 2 | 2 | Yes |
| Rear Site Storeys Maximum | 1 | 1 | Yes |
| Attached Dwellings Minimum Private Open Space Less than 3 bedroom (Unit 2) More than 3 bedroom (Unit 1) | Yes 50 m2 60 m2 | No 95 m2 88.5 m2 | Yes Yes Yes |
| Minimum Dimensions of Principal Private Open Space Less than 3 bedroom (Unit 2) More than 3 bedroom (Unit 1) | 4m x 5m 4m x 6m | 4m x 14m + 4m x 12m | Yes Yes |
| Front Boundary Setbacks | 4.5m | 5.8 m | Yes |
| Rear Boundary Setbacks | (3) | 2.5m | Yes |
| Minimum Street Frontage | 15 m | 15.24 m | Yes |
| Minimum Side Boundary Setback Front Site 1 storey Front Site 2 storey Rear Site 1 storey | 1.35 m(4) 2.00 m 1.35 m(4) | 1.35 m 2.5 m 1.5 m | Yes Yes Yes |
| Parking Requirements 1.25 + 2 = 2.25 | 3 | 3 spaces | Yes |
The development is designed to optimise energy efficiency internally as well as minimising the shadow impact on the adjoining properties. The two storey portion of the development is well set back from the property boundaries with the number of windows minimised to ensure adequate privacy.
Manager, Building Services
The manager raises no objections and advising of the requirement to comply with the Building Code of Australia requirements prior to the issue of a Construction Certificate.
Manager, Development Advice
The manager advises of details regarding drainage and on-site detention provisions required prior to the issue of a Construction Certificate.
Tree Preservation Officer
The Tree Preservation Officer advised that there are no significant trees at the rear of the subject site. However, the two native trees in the front yard should be retained if possible.
The two native trees are located in the building envelope for the proposed two storey dwelling and as such it is not possible to retain the trees. It is suggested that a condition be imposed that suitable trees of advanced stock be planted in the front setback area. This will also assist in minimising the impact of the scale and bulk of the development on the streetscape.
Public Notification and Comment
Adjoining residents were notified by mail and given fourteen (14) days to view and comment on the current application. During the notification period eight (8) individual submissions and one (1) petition with 52 signatories were submitted objecting to the proposal. A summary of objections and planning comments are detailed below.
i) Lack of details relating to excavation
The proposal no longer proposes a basement carpark and the associated excavation works. There will only be minor cut and fill which is generally associated with the construction of a dwelling and is considered reasonable.
ii) The setback is not in keeping with the existing streetscape
The general setback of dwellings along this portion of the street is 7.5 metres. The proposed dwelling fronting the street will be set back approximately 5.8 metres.
The applicant has acknowledged the existing setback and as such the dwelling has not been sited on the minimum 4.5 metre setback that is permitted under the IRDC provisions. The proposed setback is considered reasonable and will not adversely impact on the streetscape.
iii) Overdevelopment of the site
The proposal complies with the density requirements, development standards and objectives of Council's IRDC. In general the proposal is not an overdevelopment of the site.
iv) Overshadow adjoining properties
The proposal exceeds the minimum provisions under Council's IRDC for sunlight access to living areas and private courtyards, to the neighbours and to the proposed development. The siting and design of the two storey portion of the front dwelling provides minimal shadows on the adjoining properties and, as such, will not create any adverse impact on the existing solar access provisions.
v) Loss of Privacy
The windows located on the side boundary elevations relate to lighting for a stairwell and amenities as well as windows to rooms with infrequent use. All main living areas of frequent, high usage will be located on the ground floor. The design of the two storey portion of the front dwelling is sensitive to the privacy of the adjoining neighbours and the future residents.
vi) Increase in traffic and noise
The likely volume of traffic and noise associated with the development will be minimal and will easily be absorbed by the existing volume and capacity of the local road network.
vii) Devalue properties
The devaluation of properties from multi-unit developments has not been demonstrated by research or reports. There is no evidence to support this claim.
Summary
This is an area which is dominated by single storey dwellings, however the bulk and scale of the proposed development is comparable to the two storey single dwelling recently completed at 126 Millett Street. The current application complies with Council's Code for multi unit residential development
It is believed that the proposed two storey dwelling on the subject site will provide the opportunity to soften the impact created by the adjoining dwelling. The proposal and associated landscaping will contribute to the integration of both dwellings with the streetscape.
The proposed development has deleted the basement carpark area and provides garages attached to the dwellings. This is in keeping with the character of the locality and satisfies the development standards and objectives of Council's IRDC. In the circumstances, the proposal is considered a reasonable development to support.
| 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
- THAT Council as the consent authority grant development consent for the establishment of a Detached Dual Occupancy comprising 1x4 bedroom two storey dwelling and 1x2 bedroom single storey dwelling at Lot 17, Section 4, DP 3111, No. 124 Millett Street, Hurstville.
1. APPROVAL - These conditions have been imposed to ensure that the development is carried out in accordance with statute laws and with this development consent, having regard to the environmental circumstances of the site.
2. Act, Regulations and Environmental Planning Instruments Prevail - The current requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning & Assessment Regulation 1994 as amended ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council") Local Environmental Plan, relevant development control plans and adopted codes prevail and shall be complied with in full otherwise than expressly varied by this consent.
3. Approved plans - The development shall be implemented in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below except as amended by the conditions of this consent.
| Schedule of plans and details | | | |
| Drawing No. | Drawing Date | Description | Prepared by: |
| 95802916 (sheets 1-3) | Aug. 98 | Site plan, elevations, floor plans, streetscape | K-Design |
CONDITIONS WHICH MUST BE SATISFIED PRIOR TO THE ISSUE OF ANY CONSTRUCTION CERTIFICATE
PAYMENT OF SECURITY BONDS - The following security bonds have been applied to this development to ensure that the public's interest, environmental standards and this consent are complied with.
4. Council property and environmental damage security - Before the issue of a Construction Certificate the applicant shall pay a builders damage deposit of $400.00 for the cost of making good any damage caused to any Council property as a consequence of the implementation of the consent, with such amount being refunded on completion of work where no damage occurs.
COMPLIANCE WITH CONSENT PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE - Pursuant to clause 79H of the Environmental Planning and Assessment Act 1979 the following conditions must be complied with in full prior to the issue of any Construction Certificate. It is the responsibility of the Certifying Authority not to issue any Construction Certificate where any of the following conditions have not been satisfied.
5. BUILDING CODE OF AUSTRALIA - The applicant must submit detailed plans and specifications for the proposed building demonstrating compliance with the BCA. Prior to the issue of any Construction Certificate, the Accredited Certifier must be satisfied that the building as detailed by such plans and specifications complies in full with the BCA for a Class 1a building having a rise in storeys of two (2) for the front site and one (1) for the rear site.
PAYMENT OF SECTION 94 CONTRIBUTIONS - These conditions have been imposed on the basis that the proposed development will create additional demand on facilities, infrastructure and services within the City and that the development should contribute towards the cost of these facilities and to ensure that funds can meet the cost of these facilities, that contributions be updated quarterly in accordance with the CPI rate.
6. 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 $146.70.
7. Open Space and Community Recreation - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, the developer must pay to the Council a monetary contribution for open space and community recreation facilities.
The contribution is based on the criteria that any development which results in a nett increase in the City's population 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 total open space and community recreation facilities contribution required for this development is $ 2747.
8. Community Services and Facilities - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, the developer must pay to the Council a monetary contribution for community services and facilities.
The contribution is based on the criteria that any development which results in a nett gain of people living in the City or a change in the population structure will create extra demand on community services and facilities.
The total community services and facilities contribution required for this development is
$ 242.75.
9. Indexing of Contributions - This condition is imposed to ensure that Section 94 contributions are updated annually in accordance with CPI.
The amount of the contributions payable pursuant to conditions numbered 6-8 must be paid prior to the issue of the Construction Certificate and will be indexed on 1 July each year in accordance with the Building Index published by the Australian Bureau of Statistics.
PUBLIC UTILITY REQUIREMENTS - These conditions are imposed to ensure all necessary arrangements are made for the provision of services to the site and that the statutory requirements of government organisations are satisfied.
10. Sydney Water - Access to water and waste water services - A Compliance Certificate under Section 73 of the Water Board (Corporatisation ) Act, 1994 shall be submitted to the Council prior to the issue of a Construction Certificate. Sydney Water may require the construction of works and/or the payment of developer charges and other Sydney Water approvals may be necessary prior to commencement of construction work. Accordingly, the necessary application to Sydney Water should be made as early as possible to avoid problems in servicing the development. A connection to Sydney Water's water supply system will not be permitted until a Section 73 Certificate has been issued and Construction Certificate plans, endorsed by Sydney Water or its agents, have been provided.
11. Sydney Water - Trade waste water - Trade waste water shall be disposed of in accordance with the permit requirements of Sydney Water Corporation Ltd., Waste Water Source Control Branch.
12. 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 Millett 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 Construction Certificate 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 issue of any Construction Certificate.
VEHICULAR ACCESS AND PARKING - These conditions have been imposed to ensure that adequate provision is made for vehicular access, parking and manoeuvring and vehicles do not have an adverse impact upon the neighbourhood or existing road system.
13. Residential parking requirements for less than 4 units - The developer must provide three (3) car spaces in accordance with the approved plans. The vehicular driveway, manoeuvring areas and carparking spaces (other than garages) must be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council's specifications. Footpath and crossing levels must be obtained from the Engineering Division at a fee set by Council.
14. Garage dimensions - Where provided, single garages must have a minimum internal width of 3.0 metres with a door opening having a minimum width of 2.7 metres individually accessible with an access aisle not less than 6.7 metres wide.
15. Double garage dimensions - Where provided, double garages must have a minimum internal width of 6.0 metres with a minimum door opening of 5.4 metres and an access aisle not less than 6.7 metres wide.
16. Removal and restoration of redundant crossings - Any existing vehicular crossings rendered unnecessary by this development must be removed and the footpath and normal kerbing must be restored at the developer's expense prior to the issue of an Occupation Certificate.
- The developer must pay Council to :
a) replace existing crossing with kerb and gutter;
b) construct a 100mm thick crossing reinforced with F72 mesh.
Quote given on request.
OR
The developer must construct the above work subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.
STORMWATER - These conditions have been imposed to ensure that roof water, surface water and sub-surface water is captured, piped and directed to the most appropriate stormwater drainage system so as not to cause a nuisance or damage to adjoining land, buildings or occupants.
17. All stormwater must drain by gravity to Council's kerb and gutter in Millett Street.
18. Stormwater drainage plans prepared by a qualified practising hydraulics engineer must be submitted to Council with the Construction Certificate Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits must be shown.
19. The applicant must 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.
20. A 1.0 metre wide easement to drain water must be created over the subject site to benefit the lands adjoining the rear boundary known as 165 Gloucester Road to allow their stormwater to be drained to the kerb and gutter in Millett Street. The easement must be registered prior to the issue of an Occupation Certificate or with any plan of subdivision prior to the determination of a Subdivision Certificate. Where the easement is located under the proposed garage the developer must pipe that portion of the easement to the satisfaction of Council.
LANDSCAPING - These conditions are imposed to ensure that the development is landscaped in accordance with Council policy to provide screening for privacy purposes and to provide green, soft and permeable surfaces and elements to balance the built structures on the site.
21. The developer must submit a detailed landscape plan, to the satisfaction of Council's Tree Preservation Officer, with the Construction Certificate Application. This plan must be prepared by an approved landscape consultant and include details of the species, size and numbers of all plant material, together with the surface treatment of all areas. Landscaping must be completed to the satisfaction of Council's Tree Preservation Officer in accordance with the approved landscape plan prior to the issue of the Occupation Certificate. All landscaping must be maintained to Council's satisfaction in accordance with the approved landscape plan.
22. A retaining edge of masonry or other approved barrier of a minimum height of 150 mm must be erected around the landscaped areas to contain the soil and mulch material and to prevent the encroachment of motor vehicles.
23. Tree plantings in the front area shall be native species of advanced stock and perimeter planting along boundaries shall provide a dense-foliaged plant screen of trees and shrubs over a broad height range to minimise the effect of the development upon adjoining development. Details are to be submitted with the landscape plan to Council for approval with the Construction Certificate Application.
CONDITIONS WHICH MUST BE SATISFIED PRIOR TO COMMENCEMENT OF ANY WORK
24. BEFORE ANY WORK STARTS plans and specifications prepared and endorsed by a suitably qualified practising structural engineer, which detail the items listed hereunder, must be submitted to the Principal Certifying Authority.
* The footing design for the proposed structure. In this regard AS 2870 is deemed to comply.
* The design of all reinforced building elements. In this regard AS 3600 is deemed to comply.
* The design of the proposed retaining wall(s).
* The design of the structure or work necessary to stabilise the excavated areas.
* The design of all structural steelwork. In this regard AS 4100 is deemed to comply.
25. NOTICE OF COMMENCEMENT - The applicant shall submit a notice of commencement (form attached) as required by the Act giving Council :
(a) not less than two (2) days notice of the date on which it is proposed to commence work associated with this Development Consent;
(b) details of the appointment of a principal Certifying Authority (i.e., the Council or an accredited certifier)
(c) the name, address and licence details of the builder.
26. Home Building Insurance for Residential Building Work - Consent is subject to the condition that the builder or person who does any residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Home Building Act 1989 prior to the commencement of any residential building work together with the notice of commencement required by the Act.
27. NOTICE OF COMMENCEMENT - The applicant shall submit a notice of commencement as required by the Act giving Council not less than two (2) days notice of the date on which it is proposed to commencement work associated with this Development Consent.
28. Appointment of Principal Certifying Authority - No works in connection with this Development Consent are to be commenced until the applicant:
- (i) has had detailed plans and specifications endorsed with a Construction Certificate;
(ii) has submitted a copy of the endorsed plans and the Construction Certificate to Council;
(iii) has appointed a Principal Certifying Authority; and
(iv) has notified the Council of the appointment.
The applicant may appoint the Council or an Accredited Certifier as the Principal Certifying Authority for the development. If the Principal Certifying Authority is not the Council, then the person so nominated must provide an acceptance of the nomination in writing to the Council. If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of appropriate certificates.
29. Appointment of Builder - No works in connection with this Development Consent are to be commenced until the applicant:
(i) has appointed a builder; and
(ii) has notified the Council of the appointment upon the notice of commencement.
The builder must also acknowledge their appointment by signing the Notice of Commencement.
30. Pre-commencement Site Inspection - The Principal Certifying Authority and/or the supervising engineer shall undertake a pre-commencement site inspection with Council's assessment staff. The purpose of this inspection is to enable Council's assessment staff to explain the terms of the development consent and to clarify any matters of concern.
WATER POLLUTION - The following conditions have been imposed to ensure that the activity is undertaken so as not to cause, permit or allow water pollution.
31. Erosion and sedimentation controls - The builder or any person acting under this consent will be held responsible for ensuring that erosion controls are installed and procedures are put in place prior to the commencement of any demolition, excavation or work to the satisfaction of Council so as to ensure:
(b) Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed with approval).
(c) All uncontaminated run-off is diverted around cleared or disturbed areas.
(d) Silt fences or other devices are installed to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways and such silt fences or devices are fully maintained for the duration of the activity.
(e) Controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadways.
(f) All disturbed areas are rendered erosion-resistant by turfing, mulching, paving or other methods approved by Council and erosion controls are continuously maintained to Council's satisfaction throughout construction.
(g) All water pumped or otherwise removed from excavations or basement areas is filtered to remove all sediment prior to discharge.
(h) Pumped or overland flows of water are discharged so as not to cause, permit or allow erosion.
FAILURE TO INSTALL AND MAINTAIN RUN OFF AND EROSION CONTROLS WILL RESULT IN THE BUILDER or DEMOLITION CONTRACTOR BEING SUBJECT TO ONE (1) or MORE OF THE FOLLOWING :
(a) Injunction proceedings in the Land & Environment Court.
(b) Prosecution under Section 16 Clean Waters Act 1970 (maximum $125,000 fine);
(c) On-the-spot fines under the Environmental Offences & Penalties Act 1989.
32. No site clearing, site preparation or excavation, (whether for the purposes of the commencement of construction, undertaking site survey or creation of an access road) is permitted to take place prior to the issue of the Construction Certificate.
33. Precautions shall be taken to prevent sediment (soil from the site) being carried or washed onto the roadway.
CONDITIONS WHICH MUST BE SATISFIED DURING DEVELOPMENT WORK
INSPECTIONS WHICH MUST BE CARRIED OUT BY THE PRINCIPAL CERTIFYING AUTHORITY - The following conditions have been imposed to ensure regular inspections of building works to ensure that construction is proceeding in accordance with Development Consent.
34. The Principal Certifying Authority must carry out the following inspections or otherwise be satisfied by compliance certificates issued by suitably qualified professional persons (at the Principal Certifying Authority's discretion) that the following work has been carried out in compliance with Development Consent, Construction Certificates and approved details.
Work must not proceed beyond each inspection unless the Principal Certifying Authority is satisfied that all work complies with the Development Consent, the Act, and the Regulations.
Where Council has been appointed as the Principal Certifying Authority, an inspection fee will be paid in accordance with the Schedule of Fees and Charges. Inspection fees are payable for each and every inspection, whether an initial inspection or a follow-up inspection where remedial work has been necessary. Forty-eight (48) hours' notice in writing, or alternatively twenty-four (24) hours' notice by facsimile or telephone, must be given to Council when the specified work requiring inspection has been completed.
Schedule of required inspections:
* Final completion of all building works and other works covered by this
Approval.
* Erosion controls, site works and site setout, prior to building works commencing.
* Placement of piers or foundations prior to placing footings.
* Steel reinforcing prior to pouring concrete.
* Steel reinforcement prior to pouring of first floor concrete.
* Wet areas prior to installation of floor or wall linings, tiles or other coverings.
* Framework of structure prior to lining or cladding being fixed.
* Stormwater drainage, including on-site detention, prior to backfilling.
Fee required : $320.00
35. The external paths and ground surfaces adjoining the building being graded and drained to fall away from the walls of the building in such a manner that will not cause a nuisance to the adjoining properties.
36. The substrata of the shower enclosure must be impervious to water. Any shower try a must be constructed of materials approved by Council and installed in accordance with the manufacturer's recommendations.
37. Provide natural light and ventilation to all rooms in accordance with 3.8.4 and 3.8.5 of the Building Code of Australia 1996.
38. Tile roofs of 20 degree pitch or less shall be sarked with an approved material.
39. The glazing must be installed in accordance with AS 1288 - Glass in Buildings - Selection and Installation
NOISE POLLUTION - These conditions have been imposed to ensure that the amenity of the occupants using the building and that of surrounding areas is not affected by the emission of offensive noise.
40. All timber framing is to comply with AS 1684-1979 (National Timber Framing Code) with respect to size, span, spacing and method of fixing.
41. The building must be protected from attack by subterranean termites in accordance with AS 3660-1. A certificate must be submitted to Council certifying compliance upon completion. A durable notice must be permanently fixed to the building in a prominent location, such as in a metre box or the like, indicating :
a) the method of protection;
b) the date of installation of the system;
c) where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label; and
d) the installer's or manufacturer's recommendations for the scope and frequency of future inspections for termite activity.
42. Building and demolition work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site SHALL NOT BE PERFORMED, or permitted to be performed, except between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive other than Good Friday, Christmas Day, and any Public Holiday.
ENVIRONMENTAL - These conditions are imposed in order that any potential environmental impact of the proposed development is minimised, through appropriate waste storage and disposal, limitations placed on noise impacts and including appropriate controls on clearing, site preparation, excavation and construction works.
43. The disposal by burning, of any demolition or waste materials is prohibited.
44. All rubbish and waste materials on-site must be removed prior to the occupation of the premises / commencement of the approved activity.
45. The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, unless specific details are submitted to and approved by Council.
46. The internal floor level of the building being constructed at a minimum of 150mm above the finished ground surface adjacent to the building.
47. The reduced levels of the floor slabs must not be raised without the prior written approval of Council.
48. No filling of the land between the external walls of the structure and the side, front or rear boundaries is permitted. Deepened edged beams or similar should be incorporated into the slab design and structural engineers details submitted shall reflect this type of design.
49. Water and Energy Conservation
(a) For the purpose of water conservation all water closets installed within the building/addition are to have a maximum 6/3 litre dual flush cistern. This condition does not apply to existing cisterns unless that cistern is being replaced by the works under this approval.
(b) For the purpose of water conservation all shower heads and taps are to be fitted with reduced water flow devices. Such devices are to be approved by Council prior to installation and installation must comply with manufacturer's specifications.
(c) For the purpose of energy efficiency all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene.
CONDITIONS WHICH MUST BE SATISFIED PRIOR TO OCCUPATION OR USE
50. Details of construction of fences within the front building setback must be submitted to Council for approval where such fences exceed 1.0 metre in height. Such fences must comply with Council's Code for the Erection of Fences Adjacent to Public Roads.
51. The side and rear boundaries of the site must be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre colourbond metal fencing, to Council's satisfaction. 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.
52. An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the building.
The above requirement is satisfied by :
(i) a smoke alarm system complying with the Building Code of Australia; or
(ii) smoke alarms
- (a) complying with Australian Standard 3786 or listed in the Scientific Services Laboratories Register of Accredited Products; and
(b) where the building is provided with mains electrical power, connected to the mains and have a standby power supply.
The installation of the smoke detectors must be certified by a licensed electrician prior to
occupation of the building.
53. Balustrades must be a minimum of 1.0 metre high and must be constructed so that any opening does not permit a 125mm sphere to pass through it.
54. All wet areas shall be waterproofed in accordance with AS 3740. The applicant shall notify the Council for all wet area inspections, and submit a certificate of application of waterproofing material upon completion.
55. The stairway shall be designed to provide safe passage for the building occupants. In this regard, the stairway will comply if it has :
(i) not more than 18 or less than 2 risers in each flight;
(ii) going between 240mm and 355mm, riser between 115mm and 190mm and quantity (twice the riser plus going) being between 550mm and 700mm;
(iii) goings and risers that are constant throughout;
(iv) risers which do not have any openings that would allow a 125mm sphere to pass through between the treads;
(v) treads which have a non-slip finish or a suitable non-skid strip near the edge of the nosings;
(vi) treads of solid construction (not mesh or other perforated material) if the stairway is more than 10m high or connects more than 3 storeys;
(vii) in a Class 9 building - not more than 36 successive risers without a change in direction of at least 30 degrees; and
(viii) in a curved stairway that is part of a required exit - an internal radius of not less than twice the width of the stair and does not incorporate stepped quarter landings.
End of Consent Conditions
ADVICE TO APPLICANT
GENERAL - The following advice is given by Council and does not constitute a condition under this approval. This advice is given to assist the applicant in compliance with the requirements of Acts, Regulations and other authorities. Council does not administer these matters, does not give any guarantee or accept any liability for advice given and does not offer any further advice with respect to these matters. The applicant, owner and builder must seek proper advice from each authority as required.
56. BEFORE YOU DIG - Applicants and builders should telephone or fax Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area. Enquires will be assisted by you providing details of:-
* street/house number and street name
* which side of the street;
* name of nearest cross street; and
* distance from nearest cross street
Confirmation of enquiries will be faxed by Sydney One Call Service to you and to the individual utilities. You can contact Sydney One Call Service by phone on 9806-0800 or by Fax on 9806-0777.
Where you need to establish the location of Council drainage pipes, please contact Council's Engineering Division.
57. SYDNEY WATER - These building plans must be submitted to the building plan section of Sydney Water, at least fourteen (14) days prior to the commencement of work to ensure that the proposed structure meets the requirements of the Board's By-laws concerning :
(a) location of sanitary fixtures,
(b) relationship of the building to :
(i) Watermains
(ii) Sewers
(iii) Stormwater channels.
58. TREE PRESERVATION - Compliance with Council's Tree Preservation Order which prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree or trees, having a girth of 30 cm or more when measured 45 cms above the ground, except with the specific consent of the Hurstville City Council.
59. Dividing Fences - The owner should satisfy the requirements of the Dividing Fences Act prior to erecting any fencing on the common boundaries. For information regarding the Dividing Fences Act, contact the Chamber Magistrate at the Local Court or your nearest Community Justice Centre. Note: Where Development Consent conditions expressly require the erection of new dividing fences, such fencing must be erected at the applicant's expense and Development Consent conditions have precedence over the provisions of the Dividing Fences Act.
60. WorkCover Authority - A copy of the approved plan is to be presented to the WorkCover Authority to ensure that the proposal complies with the requirements of relevant legislation and regulations. Where factory registration is required by WorkCover, a separate application for a statement of compliance with the egress provisions of the Building Code of Australia must be submitted to Council. It is recommended that this application be submitted prior to the final inspection so that Council can determine the application upon completion of the building work.
61. Australia Post - A mail box must be installed as required by the Australian Postal Corporation Act 1989 complying with AS/NZA 4253. Information Kits are available from Australia Post Offices.
PRESCRIBED CONDITIONS - These conditions are prescribed by Part 7 of the Environmental Planning and Assessment Regulation 1994 as amended.
"Part 7 Conditions of development consent
78 Prescribed conditions of development consents: sections 80A (11) and 85A (6) (a) of the Act.
The provisions of this Part are prescribed conditions for the purposes of section 80A (11) and 85A (6) (a) of the Act.
78A Compliance with Building Code of Australia
(1) All building work must be carried out in accordance with the provisions of the Building Code of Australia.
(2) This clause does not apply to the extent to which an exemption is in force under clause 80H or 80I, subject to the terms of any condition or requirement referred to in clause 80H (6) or 80I (4).
78B Change of building use
(1) A building in respect of which there is a change of building use must comply with the Category 1 fire safety provisions applicable to the proposed new use.
Note. The obligation under this subclause to comply with the Category 1 fire safety provisions may require building work to be carried out even though none is proposed or required in the relevant development consent.
(2) This clause does not apply to the extent to which an exemption is in force under clause 80H or 80I, subject to the terms of any condition or requirement referred to in clause 80H (6) or 80I (4).
(3) In this clause, Category 1 fire safety provision has the same meaning as it has in Part 7B.
78C Residential building work
(1) Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the principal certifying authority for the development to which the work relates:
(a) in the case of work to be done by a licensee under that Act:
(i) has been informed in writing of the licensee's name and contractor licence number, and
(ii) is satisfied that the licensee has complied with the requirements of Part 6 of that Act, or
(b) in the case of work to be done by any other person:
(i) has been informed in writing of the person's name and owner-builder permit number, or
(ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.
Note. The amount referred to in paragraph (b) (ii) is prescribed by regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted, that amount was $3,000. As those regulations are amended from time to time, so that amount may vary.
(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.
78D Excavations and backfilling
(1) All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.
(2) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.
78E Retaining walls and drainage
If the soil conditions require it:
(a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and
(b) adequate provision must be made for drainage.
78F Support for neighbouring buildings
(1) If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:
(a) must preserve and protect the building from damage, and
(b) if necessary, must underpin and support the building in an approved manner, and
(c) must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.
(2) The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.
(3) In this clause, allotment of land includes a public road and any other public place.
78G Protection of public places
(1) If the work involved in the erection or demolition of a building:
(a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or
(b) building involves the enclosure of a public place,
a hoarding or fence must be erected between the work site and the public place.
(2) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.
(3) The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.
(4) Any such hoarding, fence or awning is to be removed when the work has been completed.
78H Signs to be erected on building and demolition sites
(1) A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:
(a) stating that unauthorised entry to the work site is prohibited, and
(b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.
(2) Any such sign is to be removed when the work has been completed.
(3) This clause does not apply to:
(a) building work carried out inside an existing building, or
(b) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.
78I Toilet facilities
(1) Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.
(2) Each toilet provided:
(a) must be a standard flushing toilet, and
(b) must be connected:
(i) to a public sewer, or
(ii) if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the council, or
(iii) if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the council.
(3) The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced.
(4) In this clause:
accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Regulation.
approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993.
public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993.
sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993."
| 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)
- Applicant : Kevin F Brown & Associates
Proposal : TORRENS TITLE SUBDIVISION
Zoning : Zone No. 2 - Residential
Interim Residential
Development Code : Development Area "B"
Owners : A G, A L and M A Martin
Existing Development : Semi-detached brick dwellings on single lot
PRECIS OF REPORT
1. Present semi-detached dwellings have existing use right.
2. Application lodged to subdivide into separate lots.
3. Contrary to current Local Environmental Plan as do not comply
with dual occupancy requirements.
4. State Environmental Planning Policy No. 1 objection lodged on
14th October, 1998 to set aside Local Environmental Plan
requirements.
5. Recommend approval.
History
The site is located on the south-western side of Bassett Street, slightly north of Ruby Street. Erected thereon are two brick semi-detached dwellings of the bungalow style.
The buildings are approximately fifty (50) years old and, due to lack of records of this area, have existing use rights.
Proposed Development
The proposal consists of classifying the existing development as multiple dwellings (dual occupancy) on the existing Lot A and then subdividing that lot by torrens title into proposed lots 1 and 2. The existing site has an area of 719 square metres - lot 1 is proposed at 378 square metres and lot 2 at 341 square metres. Each dwelling has two (2) bedrooms.
Statutory Requirements
The subject site is zoned No. 2 - Residential under the Hurstville Local Environmental Plan, 1994 and the proposal is permissible within the zoning with Council consent.
However, for a dual occupancy development, the proposed lot 2 (house No. 29A) does not comply with Council's requirements in that there is no on-site parking. This proposed lot has no driveway and only a 5.1 metre space at the front due to the location of the existing buildings on the land.
Also, if the development is not classified as multiple dwellings then the Local Environmental Plan requires minimum lot sizes of 450 square metres.
It is noted that as the buildings are existing, there was no requirements for public notification of this application.
Applicant's Submission
To overcome the minimum sizes of allotments for single dwelling houses as set out in the Local Environmental Plan, the applicant has lodged a SEPP No. 1 objection to this provision of Council's planning instrument.
This objection is in the form of a report by the applicant and states as follows:-
- "Further to our previous Subdivision and Dual Occupancy Applications we wish to make a written objection to the need for the above development to comply with the current development standards of Hurstville Council and have the subdivision approved as a one off variation based on the following circumstances.
The pair of semi-detached brick cottages located on subject land were build (sic) in the mid 1940's and remain, with the exception of a small extension at the rear, the same as originally constructed. A 0.23 wide brick wall built to the roof line separates the two cottages. Obviously some inconsistencies will occur in placing modern subdivision legislation on to properties of this age.
In 1959 the current owner Mr. Alan Martin and his mother purchased what they thought to be one semi-detached cottage each. However the Certificate of Titles issued at the time describes their ownership as an "undivided one half share" in a single block of land. There was no distinction in title between the two cottages but on the ground they were clearly separate in all aspects such as amenities and services. Also the cottages have always been separately rated by Hurstville Council, and the Notice of Valuation from the Valuer General's Office describes each block as being Part Lot A in D.P. 345256 with frontages very similar to those shown on our proposed subdivision plan.
Mr. Martin and his mother occupied the cottages as separate entities from 1959 until her death, when the ownership of the second cottage passed to him. As both cottages had been owned and occupied by family members the fact that they were not separate titles had never arisen. Any attempt to sell one of the semi-detached cottages alone would have exposed this problem. In our experience we feel that if an application had been made to subdivide the cottages in the past it would have proceeded with difficulty.
The proposed subdivision does not include any additional development other than a possible car parking space at the front of No. 29A and as such has little or no impact on the surrounding environment. These cottages have always been separately tenanted with each cottage having useful areas of private open space. The car space at the front of No. 29A was included in the design in order to provide off street parking as required by Council. Mr Martin applied to Council for a new kerb crossing to No. 29A on the understanding from his enquiries with various Council Officers' (sic) that approval to his proposed subdivision was imminent. Council approved the crossing and constructed it at Mr. Martin's expense. Clearly it is a cost that was unnecessary unless to satisfy a condition of Council approval to the Subdivision. Mr. Martin was certainly under this impression. The position of the crossing was restricted by a large street tree and therefore had to be located towards the centre of the block where the front of the cottage was closest to the boundary. The distance from the front of the house to the boundary is approximately 5.1 metres which, although less than the minimum standards, is equal to or greater than several carports on other properties along Bassett Street. It is now intended to have a hardstand only at the front of the house.
Council Officers' (sic) have also indicated that it is preferable to have vehicle access to the rear of each cottage. This is not possible along the south eastern boundary of No. 29A where the wall of the existing cottage is only about 1.4 metres from the boundary. Again there are many cottages along Bassett Street which do not have this access but are individual Torrens Title Lots.
Clearly this is an unusual situation with circumstances that are unlikely to reoccur. Approval to the subdivision will not set a difficult precedent but will allow a separate title to two semi detached cottages on a single block of land to be issued."
It is agreed this is a somewhat unique circumstance and, if Council refuses this application, there will still be two separately occupied dwellings existing on the site. On this basis, the applicant's request for approval to have separate torrens title for the dwellings is considered reasonable and approval is recommended accordingly.
| 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
- THAT Council, as the consent authority, pursuant to the provisions of the Environmental Planning and Assessment Act, 1979, grant development consent for two existing dwellings at 29A-31 Bassett Street, Hurstville to be classified as multiple dwellings and for torrens title subdivision of such dwellings, subject to the following conditions:-
1. A Subdivider/Developer Compliance Certificate under Section 73 of the Water Board (Corporatisation) Act, 1994 shall be submitted to Council prior to the release of final linen plans.
2. A Registered Surveyor shall certify that all roofwaters are disposed of by separate systems within the bounds of their own proposed allotments or appropriate easements will be required for access and maintenance purposes.
3. No approval is granted for the construction of any carport in front of the building shown as lot 2, No. 29A Bassett Street, Hurstville and any such proposal shall be the subject of a separate application to Council.
| 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
Applicant : Masterton Homes Pty. Ltd.
Proposal : DETACHED DUAL OCCUPANCY
Zoning : Zone No. 2 - Residential
Interim Residential
Development Code : Development Area "B"
Owners : H. & A. Moschoudis
Existing Development : Residential Dwelling
Cost of Development : $102,000
PRECIS OF REPORT
1. The Development Application is for a detached dual occupancy with Torrens Title Subdivision.
2. Proposal complies with code requirements, however, no written agreement for a drainage easement has been received by Council. The owner has experienced difficulties with the adjoining owners in obtaining the document and has requested a pump out system for the development
3. The development is recommended for refusal. There is no provision for disposal by gravity means of roof and surface waters.
Site and Surrounding Development
The site is a regular shaped allotment located on the western side of Bassett Street. The subject site has a 15.24 metre frontage with an area of 743.1 square metres and is a similar size and shape to the surrounding lot pattern. A mix of residential is in the locality.
Proposed Development
The Development Application will comprise of a detached dual occupancy on the subject land. The existing dwelling, with street frontage, will consist of two (2) bedrooms, living, dining, family rooms and kitchen with a car parking space.
The new single storey dwelling at the rear, will consist of three (3) bedrooms, living and family and kitchen with a single garage and one (1) car parking space.
Statutory Requirements
The site is zoned No. 2 - Residential under the provisions of the Hurstville Local Environmental Plan 1994. The development is a permissible use with the consent of Council.
The proposal is subject to the requirements of the Hurstville City Council Interim Residential Development Code, July, 1995, and is sited in Development Area "B".
The proposal has been inspected and assessed against the previous and relevant section 90 "Heads of Consideration" under the Environmental Planning and Assessment Act, 1979.
Assessment of the Proposal
The proposal has been assessed against the provisions of Council's Interim Residential Development Code (IRDC) and a summary of compliance with technical requirements is tabled below :
IRDC 1995 CONTROLS | | PROPOSAL | COMPLIANCE |
| Density (site area/unit) 739.8 m2 332.9 m2 | 315 m2 | 369.9 m2, | Yes |
| Landscaped Open Space | * 45% | 340.31 m2 46% | Yes |
| Front Site Height Maximum | 9 m | 5.6 m | Yes |
| Rear Site Height Maximum | 6 m | 4.1 m rear | Yes |
| Front Site Storeys Maximum | 2 | 1 | Yes |
| Rear Site Storeys Maximum | 1 | 1 | Yes |
| Attached Dwellings Minimum Private Open Space More than 3 bedroom | 60 m2 | U1 - 69.5 m2 U2 - 79.4 m2 | Yes Yes |
| Minimum Dimensions of Principal Private Open Space More than 3 bedroom | 4m x 6m | U1 - 11.7m x 5.7m U2 - 6.0m x 7.0m | Yes Yes |
| Front Boundary Setbacks | 4.5m | 6.0 m | Yes |
| Rear Boundary Setbacks | (3) | 3.54 m | Yes |
| Minimum Street Frontage | 15 m | 15.24 m | Yes |
| Minimum Side Boundary Setback Front Site 1 storey Existing dwelling Rear Site 1 storey | 1.35 m(4) 1.35 m(4) | East 1.15m (BCA .9m) West 3.4 m 1.35 m | Yes Yes Yes |
| Parking Requirements | 3.25 | 3.00 spaces | Yes |
| Drainage Easement | Written Agreement not provided | Not Provided | No (1) |
(1) Drainage Easement - Initially the applicant, Masterton Homes, was requested to provide details with regard to the drainage easement for the development.
The applicant and subsequently, the owner, were advised that a written drainage easement signed by all parties was required to be obtained and submitted to Council before the application could proceed. As a result, the owner, by letter, contacted the owners at the rear and also adjoining owners seeking permission to provide a drainage easement for the proposal.
All owners contacted refused permission for easement access over their land. Copies of the offers and response of these owners have been submitted to Council in writing. Two options now only exist for the owner if the development is to proceed, they are :
- (a) Section 88K
An appeal may be lodged by the owner/applicant to the Land and Environment Court. Section 88K allows the matter to be heard in court and the adjoining property owner/s forced to provide an easement. Possibly a costly exercise to all parties.
(b) Pump Out System
The second option is to allow a "pump out water system". This method will 'mechanically' remove stormwater and associated hard surface area water to the street. A number of issues arise from this method, such as breakdown of equipment, possible noise and possible flooding onto adjoining properties.
Aside from the faults associated with this method it is an option for drainage disposal but these systems need to be designed for 1 in 50 year rainfall frequency, including above ground detention systems using brick dwarf walls surrounding the property and using dual pumps.
Manager, Approvals
This report has been prepared in conjunction with the Manager, Approvals.
Manager, Development Advice
The manager advises on the need for a drainage easement, on-site detention of stormwater and the existing vehicle crossing is to be upgraded.
Public Notification and Comment
Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.
No submissions were received.
Summary
The development satisfies all development controls specified in Council's IRDC and it is considered that the proposal will not detract from the amenity of the locality nor spoil the existing streetscape. The development will include private courtyards in excess of the minimum provisions with the sitings of buildings and internal layout optimising the orientation of the property.
It is felt no approval should be given to this proposed development due to the failure to provide for a suitable means of stormwater disposal by gravity. It is further noted that there are now legal alternatives available to settle disputes over easement requirements.
| 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
- THAT Council as the consent authority refuse development consent for the erection of a detached dual occupancy at Lot 7 Section 3 DP 1760 75 Bassett Street, Hurstville, on the following grounds :
* No adequate methods have been provided for the disposal, by gravity means, of surface or roof waters from the property.
| 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)
- Applicant : Department of Housing
Proposal : HOUSING FOR OLDER PEOPLE
OR PEOPLE WITH A DISABILITY
Zoning : Zone No. 2 - Residential
Interim Residential
Development Code : Development Area "B"
Owners : Department of Housing
Existing Development : Vacant. Former houses have been demolished.
Cost of Development : $800,000
PRECIS OF REPORT
1. The proposal involves the erection of twelve (12) units to house older people or people with a disability.
2. The proposal generally complies with State Environmental Planning Policy No. 5.
3. Three (3) submissions have been received in response to public notification of the proposal.
4. Under Section 91A of the Environmental Planning and Assessment Act, 1979, Council shall not refuse its consent nor attach any conditions to its consent except with agreement of the department of Housing or the concurrence of the Minister for Planning.
5. Recommendation :
- A) That draft conditions be referred to the Department of Housing for approval.
B) Upon conditions being agreed to by the Department of Housing, the General Manager be authorised to grant conditional consent under delegated authority.
The site comprises three (3) allotments located on the northern side of Morris Avenue west of Margaret Street. With one exception, this section of Morris Avenue contains single storey dwellings believed to have been built by or for the former Housing Commission.
The site, which has been cleared of all former structures, has a frontage of 38.845 metres to Morris Avenue and slopes down the north east corner at the rear. The owners of No. 39 Vivienne Street have given written approval for the creation of a drainage easement over their land to enable stormwater from the development to drain by gravity to Council's stormwater system.
Trees recommended for retention by Council's tree officer and/or the applicant's arborist will be retained.
The site is approximately 700 metres from the Kingsgrove shopping centre and 400 metres from the bus routes running along Stoney Creek Road.
History
The application was lodged on 20 May, 1998 and placed on public notification for a period of twenty-one (21) days from 11 June, 1998.
Proposed Development
The application proposes 10 x 1 bedroom and 2 x 2 bedroom dwelling units for housing of older people or people with a disability in 2 x 2 storey and two single storey buildings plus on-site parking for four (4) cars.
Each unit comprises a kitchen, living area, bathroom and one or two bedrooms. The main wall of the units fronting Morris Avenue are on a 7.0 metre setback with the front balconies on a 5.5 metre setback. The roof designs are a mix of hip and gable roofs.
The proposed development has two distinct rows of buildings. Two storey buildings are located to the front of the site while single storey units are located to the rear. The two blocks to the front are each configures so as to create a more compact building footprint similar to the single storey houses within the street.
The development consists of eight units to the front of the site in 2 x two storey buildings. To the back of the site there are 4 x 1 bedroom units. These are centred around the existing Jacaranda tree.
The location of the buildings, carparking and paved areas have been designed to have the least impact on the existing Jacaranda.
There is minimal overshadowing of adjacent properties, as the two storey buildings on Morris Avenue are located as far south as possible for this reason (Units 1-4 and 9-12).
Section 90
The site has been inspected and the proposal assessed having regard for the relevant heads of consideration under Section 90.
Statutory Requirements
The site is zoned No. 2 - Residential under the Hurstville Local Environmental Plan 1994. Housing for older people or people with a disability is permissible pursuant to the provisions of State Environmental Planning Policy No. 5.
The proposal generally complies with the provisions of the policy as they apply to the Department of Housing. Under Section 91A of the Environmental Planning and Assessment Act Council may only impose condition either with written agreement from the Department of Housing or concurrence of the Minister for Planning. The application may only be refused with the concurrence of the Minister.
The site is within Area "B" under the 1994 Residential Development Control Plan. Whilst SEPP No. 5 takes precedent over Council's Interim Residential Development Code, it is noted that, with the exception of one (1) carport, the development exceeds the minimum building setback requirements for front, side and rear boundaries for multiple dwellings in Area "B".
Development Standard | SEPP No. 5 Guidelines | Compliance |
| Wheelchair Access | 50% 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 12 = 6 Proposed : 8 Required : 10% x 12 = 1.2 Proposed : 2 |
| Building Height | Less than 8 metres. (distance measured vertically from any point of the ceiling of the building to the ground level immediately below that point) | Maximum height 6.6 metres |
| Density and Scale | Floor space ratio (as defined in SEPP No. 5) to be 0.5:1 or less. (however this is not an absolute limit and may be exceeded at the direction of Council) | FSR = 0.39:1 |
| Landscaped Area | A minimum of 35 square metres of landscaped area per dwelling to be provided. The landscaped area is not less than the sum of units calculated by 35 respectively. 12 units x 35 = 420 m2 | Landscaped area greater than 420 square metres. |
| Parking | Not less than one car parking space for each 5 self contained dwellings where the application is made by Department of Housing. Therefore the minimum requirement is 2.4 spaces. | Spaces provided = 4. |
All wheelchair access is to be designed to accord with Australian Standard AS 1428-1992, 1993 (Design for Access and Mobility).
The design of common areas and facilities are to ensure access is provided for a person using a wheelchair.
Design Requirements | SEPP No. 5 Guidelines | Compliance |
| Site Analysis | Information as described, and appropriate, in Schedule 2 (Site Analysis) of SEPP No. 5 | Site analysis submitted as required by SEPP 5. |
| Streetscape | Contribute 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 Privacy | Location 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 Climate | Adequate 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 by the development. Due to north/south orientation some shadowing of private open space areas is unavoidable. All units have a north facing window in the living area and one bedroom. |
| Stormwater | control 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 Prevention | Allow 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. |
| Accessibility | Convenient, 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. | approximately 400m to bus route on Stoney Creek Road and 700m to Kingsgrove shops. Pedestrian access to the units has been separated from the vehicular access parking spaces. 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 Management | Provide waste facilities that maximise recycling | Waste facilities will be available on site. |
| Visual Bulk | Building 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 main wall of the front units exceeds the Council minimum setback. Side setbacks excluding one carport exceed the minimum required under Council's IRDC. The proposed development responds well to the site characteristics. The design responds well to the site orientation and shape. |
The units are to be designed to accord with Australian Standards AS 2107-1987 (Acoustics) and AS 3671 (Road Traffic Noise Intrusion).
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.
Manager - Approvals
The Manager, Approvals has raised no objection subject to the imposition of a number of conditions and provision of a number of advisory notes.
Manager - Development Advice
The Manager has raised no objection subject to a number of conditions including a requirement that all stormwater drain by gravity to the kerb and gutter in Vivienne Street via a 1.0 metre wide easement.
Comment : The owners of No. 39 Vivienne Street have agreed in writing to the creation of a 1.0 metre wide drainage easement over their property in favour of the development site.
Tree Preservation Officer
The Tree Preservation Officer has recommended that the Jacaranda tree towards the rear of the site be retained.
Comment : The buildings have been sited to facilitate retention of the tree.
Divisional Manager - Policy, Planning and Environment
The Divisional Manager has recommended that units 10 and 12 be provided with a north terrace even if the terrace would be off the bedroom.
Community Development Co-ordinator
The Community Development Co-ordinator has commented on a number of issues which will be referred to the applicant as advisory comments.
Public Notification and Comment
Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Three (3) submissions were registered and the following relevant matters have been raised :
i) Will the units be sold or leased.
Comment : Approval has not been sought for subdivision of the development therefore it is assumed that the Department of Housing will lease the units.
ii) Are the plans final.
Comment : Any substantial amendments to approved plans, especially if the amendments may prejudice an adjoining resident, would require prior Council approval.
iii) Are there any proposals for development of Nos. 38-40 Morris Avenue.
Comment : Council is not in receipt of any applications for development of those properties.
iv) Objects to medium density development in the area.
Comment : The development is permissible under the provisions of State Environmental Planning Policy No. 5. The objection is not a sustainable ground for refusal.
v) Shadowing
The objector's property adjoins the eastern boundary of the site. The site faces almost north/south and the two storey building proposed at the front of the site would be set back some 4.75 metres from the boundary and 7.85 metres from the objector's house. The shadow diagram indicates that the very front corner of the adjoining house would not be in shadow until 3.00 pm on 22 June.
vi) Loss of privacy. The development should be reduced to single storey units.
Comment : Council may not refuse the application on grounds of height as the proposal is well within the height limits set under SEPP No. 5. The only first floor windows facing the objector's property are one dining room window and one kitchen window, each of which are 500mm wide, and a highlight window in the stairwell.
vii) The garbage storage area should be located as it would be directly opposite the living area of the adjoining home.
Comment : It is recommended that the applicant be requested to relocate the garbage bin storage facility to the centre of the site adjacent to the pedestrian link where it would be central to all units and well removed from the adjoining home.
viii) Loss of privacy due to two storey development overlooking the rear yard.
Comment : The objector's property adjoins the rear of the site. There are single storey units between the objectors property and the two storey units. The line of sight for a person standing on the first floor of the front units looking over the single storey units to the rear would be some 3.5 metres to 5.0 metres above ground level therefore there would not be any loss of privacy in the back garden of the objector's property.
ix) Overdevelopment
Comment : The development complies with the density provisions of SEPP No. 5 therefore the proposal may not be refused on density grounds.
x) Suitability of two storey development for older people.
Comment : Access etc., complies with requirements under SEPP No. 5.
xi) Excavation for unit No. 8 is likely to damage the tree roots of the large gum tree at the rear of No. 37 Vivienne Street.
Comment : The trunk of the tree is located approximately 1.0 metre within No. 39 Vivienne Street and 4.3 metres from Unit No. 8. It is not considered that excavation for the foundations of Unit No. 8 would endanger the tree.
Summary
The proposal generally complies with the provisions of State Environmental Planning Policy No. 5 - Housing for Older People and People with a Disability.
Under Section 91A of the Environmental Planning and Assessment Act 1979 Council shall not refuse to grant its consent nor attach conditions to its consent except with agreement of the Department of Housing on the concurrence of the Minister for Planning. The attached conditions need to be agreed to by the Department of Housing.
The site is considered appropriate for the development due to its proximity to transport and services. The plan has been amended in red indicating relocation of the garbage bin storage areas.
| 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
- 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 50589/001/01 A01 as amended, - A06, H01 and LDAA-1A tables and documentation and submitted with DA 137/98, except where amended by the conditions of consent.
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.
7. Units 10 and 12 are to be provided with a north facing terrace.
SECTION 94 CONTRIBUTIONS
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 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 $29,117 and payable prior to commencement of work on the site.
9. 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 $2184.75 and payable prior to commencement of work on the site.
10. 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 $1173.60 and is payable before commencement of work on the site.
BUILDING REQUIREMENTS
11. The development is to be constructed in accordance with the Building Code of Australia.
12. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building 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.
13. 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.
14. The units are to be designed to accord with Australian Standards AS 2107-1987 (Acoustics) and AS 3671 (Road Traffic Noise Intrusion).
15. 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.
16. Appropriate dust suppression measures to beinstalled/utilised during excavation and construction.
SERVICES
17. 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.
18. A Compliance Certificate under Section 73 of the Water Board (Corporation) Act 1994 being obtained prior to commencement of building work.
STORMWATER MANAGEMENT
19. All stormwater is to drain by gravity to the kerb and gutter in Vivienne Street via a registered 1.0 metre wide drainage easement through a property at the rear.
20. The drainage easement required by the above condition is to be registered prior to commencement of any construction work.
21. 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.
22. Stormwater drainage plans should be prepared by a qualified practising hydraulics engineer.
ENVIRONMENTAL MATTERS
23. 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.
24. 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.
25. 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
26. The provision on site of four (4) car spaces in accordance with plans submitted with D.A. 137/98.
27. Applicant to pay Council to :
a) construct one new crossing each 150mm thick reinforced concrete with F72 mesh.
b) redundant crossings shall be removed and the kerb replaced.
c) construct a 80mm thick by 1.52 metre wide concrete path in both Pearce Avenue and Lawrence Street for the full width and frontage of the site. 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.
28. 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
29. The Jacaranda tree at the rear of the site is to be retained and protected during demolition, excavation, site preparation and construction.
30. All landscape works shall be completed in accordance with the landscape plan approved as part of this Development Consent.
| 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)
- Applicant : Kassis Plumbing Pty. Limited
Proposal : HOUSING DEVELOPMENT
UNDER 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"
Owners : Kassis Plumbing Pty. Limited
Existing Development : Residential Dwellings
Cost of Development : $1,000,000
PRECIS OF REPORT
1. The proposal seeks approval 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 are raised by Building and Engineering Managers.
3. Four (4) submissions were received during the notification period. Majority of concerns were addressed with the submission of amended plans.
4. The proposal complies with all requirements detailed under SEPP No. 5 with the exception of the floor space ratio. This requirement can be easily satisfied and suggest a condition requiring compliance to be detailed on building plans.
5. The proposal is recommended for approval subject to appropriate conditions.
Existing and Surrounding Development
The subject site is L'shaped, having frontage to Cahill Street and Stoney Creek Road. There is a mix of residential development in the locality with a church located directly on the corner of the two streets.
The Background
The application as originally submitted was for 11 x 3 bedroom units. Comments on the external design and siting of the buildings were obtained from the Divisional Manager, Policy, Planning and Environment.
A meeting was held with the applicant to discuss amending the development to satisfy drainage requirements, concerns raised by residents and suggested design changes by Council's Officers.
Amended plans were submitted in response to a meeting resulting in an additional unit added to the development without largely varying from the original footprint.
The amended plans are the basis of this report.
The Proposal
The proposal seeks approval for the development of housing for older persons and persons with a disability under the provisions of State Environmental Planning Policy (SEPP) No. 5.
The development is a mix of single and two storey development containing twelve (12) units. There will be 10 x 3 bedroom and 2 x 2 bedroom units with a mix of single and double garages. A total of nineteen (19) garages are provided with the development.
A support services statement prepared by Retirement Living Services was submitted with the development application. The statement details resident services, social interaction, security and safety, access, transport and management principles.
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 1995 (IRDC), the development standards and design requirements specified by SEPP 5 overrides the local controls of Council's IRDC.
The proposal has been inspected and assessed against the previous relevant Section 90 "Heads of Consideration" under 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 with the exception to the density and scale standard.
SEPP No. 5 specifies that a development application can not be refused where the development complies with the development standards for wheelchair access, building height, density and scale, landscaped area and parking.
The design requirements under Part 3 of SEPP No. 5 must also be satisfied by a development application and include streetscape, privacy, solar access and design, stormwater, crime prevention and accessibility.
The density and scale standard under SEPP No. 5 requires a floor space ratio or 0.5:1 or less. The proposed development is calculated at 0.53:1, and as such the development does not comply.
The development is considered a good design exceeding the minimum provisions of the development standards. In particular, under SEPP No. 5 the development is required to provide six (6) vehicle parking spaces and a total landscape area of 420 square metres. The development provides nineteen (19) covered vehicle spaces and 908 square metres of landscaped area. The development is considered to have merit and as such, it is suggested that a condition be imposed to ensure the development complies with the 0.5:1 floor space ratio.
Public Notification
The proposal was advertised in the local newspaper for a period of twenty-one (21) days. Adjoining and surrounding property owners were also notified by mail. Four (4) submissions were received and raise the following concerns :
i) invasion of privacy
ii) increased noise and pollution currently resulting from the adjoining Church
iii) contribute to parking difficulties resulting from the adjoining Church
iv) trees on the property boundary with 194 Stoney Creek Road to be retained
v) location of the common driveway will impact on the amenity of the adjoining property
vi) overshadowing
vii) lack of supporting community carer.
General Comments
Following discussions with Council Officers, the applicant submitted amended plans reversing the units 1-4 with the driveway. This improves solar access to the units and private courtyards. However, this also satisfies the following concerns raised by residents :
- i) overlooking the adjoining properties off Stoney Creek Road (i)
ii) the noise from the driveway impacting on the amenity of the adjoining property in Cahill Street (v)
iii) minimises the impact of shadowing on the adjoining properties. (vi)
A request was submitted to retain native trees located near the property boundary with 194 Stoney Creek Road. In this regard a landscape plan will be required to be submitted for approval and will require retention of existing trees where reasonable.
The final concern raised relates to the provision of a community carer. The applicant submitted a support services statement for the management and maintenance of the development.
Manager, Approvals
The Manager advises of standard conditions relating to building matters and raises no objection to the development.
Manager, Development Advice
The Manager advises of standard conditions relating to drainage of the site and construction of vehicle crossings.
Divisional Manager, Policy, Planning and Environment
The Divisional Manager advises of concerns relating to orientation, solar access and external treatments. The proposal was amended to address these concerns.
Summary
The proposal is permissible in the zoning provisions of Hurstville Local Environmental Plan 1994. The development is reasonable, satisfying the development and design requirements of SEPP No. 5 with the exception of the floor space ratio.
Minor amendments to the development will ensure compliance with the floor space ratio as specified by SEPP No. 5.
The subject proposal is therefore recommended for approval subject to appropriate conditions of approval.
| 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
- THAT Council as the consent authority grant development consent for housing development under the provisions of State Environmental Planning Policy No. 5 provisions at Lot 20 DP 9505(2) Cahill Street and Lots 79-80 DP 14983 (198-200) Stoney Creek Road, Beverly Hills, subject to the following conditions :
GENERAL
1. Compliance generally with Drawing No 9817.1-4'A' prepared by George Yeremeyev & Associates dated September, 1998, documentation prepared by David Crane and Associates Pty. Ltd., dated June 1998; and support services statement prepared by Retirement Living Services and submitted with DA 180/98, except where amended by the conditions of consent.
2. The development is to be amended by relocating the dwellings fronting Stoney Creek Road to 6.0 metres from the front boundary.
3. The development is to be amended to comply with the 0.5:1 floor space ratio. Details are to be shown on the plans submitted with the Building Application.
4. 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.
5. 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 Land Titles Office prior to the commencement of construction.
6. All wheelchair access is to be designed to accord with Australian Standard AS 1428-1992, 1993 (Design for Access and Mobility).
7. The design of common areas and facilities are to ensure access is provided for a person using a wheelchair.
SECTION 94 CONTRIBUTIONS
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 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 $45,597 and payable prior to the release of the approved building plans.
9. 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 $4,029.65 and payable prior to the release of the approved building plans.
10. 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 $1,613.70.
BUILDING REQUIREMENTS
11. 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.
12. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.
13. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, 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.
14. The area and/or work being the subject of the development consent, shall not be occupied or the use commence until a final inspection has been made by Council and a Building Certificate has been issued.
15. Permanent power poles are to be either painted or stained with a suitable colour to the satisfaction of Council, prior to the issue of Certificate of Classification/Building Certificate.
16. The units are to be designed to accord with Australian Standards AS 2107-1987 (Acoustics) and AS 3671 (Road Traffic Noise Intrusion). Particularly reference is made to consideration of noise from Stoney Creek Road.
17. The developer must comply with any requirements of the WorkCover Authority prior to the commencement of the development.
18. Filling of the pool and proposed footing/slab design to the rear of 2 Cahill Street shall be carried out with due regard to a geotechnical report from a practising, qualified geotechnical engineer. A copy of the report is to be submitted with the building application for Council approval.
19. The development is to comply with the relevant clauses of the Building Code of Australia, including sound transmission, fire rating, health and safety.
20. Details of the fire wall extending to the underside of the roof tiles are to be submitted with the Building Application.
SERVICES
21. 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 ####### ;
(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 Construction Certificate 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 issue of any Construction Certificate.
22. The developer must submit a Compliance certificate pursuant to Section 73 of the Water Board (Corporatisation) Act 1994 to Council with the Building/Subdivision Application. Attached is the application form to be submitted to Sydney Water.
STORMWATER MANAGEMENT
23. 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.
24. 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.
25. All stormwater is to drain by gravity to the Sydney Water controlled open stormwater canal.
26. Creation and registration of a 1.0 metre wide drainage easement to benefit Nos. 192, 194, 196 and 202 Stoney Creek Road to allow these properties to drain their stormwater to the Sydney Water controlled open stormwater canal.
27. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.
28. Where provided : each proposed single garage must have a minimum internal width of 3.0 metres with a clear door opening of 2.7 metres; and each double garage must have a minimum internal width of 6.0 metres with a clear door opening of 5.4 metres. Details shall be submitted with the building application.
LANDSCAPING
29. 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.
Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without written Council approval.
30. The developer and his agents shall take all measures to prevent damage to trees and root systems during site works and construction.
31. A retaining edge of masonry or other approved barrier of a minimum height of 150 mm shall be erected around the landscaped areas to contain the soil and mulch material and to prevent the encroachment of motor vehicles.
32. 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.
33. Should the subject site be unoccupied or vacant the applicant or owner shall erect or install 1.8 metre high cyclone fencing to enclose the site. Such work is to be completed to within twenty-eight (28) days of the date of the development consent and to the satisfaction of the Manager, Building Services
ENVIRONMENTAL MATTERS
34. No burning of demolition or waste materials shall be carried out on the subject site.
35. 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.
36. 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.
37. No site clearing, site preparation or excavation, (whether for the purposes of the commencement of construction, undertaking site survey or creation of an access road) is permitted to take place prior tothe issue of the Building Permit.
38. The developer must submit details of proposed soil erosion and sedimentation controls to be implemented on site in conjunction with the Building Application. Under no circumstances may any works commence prior to these details being approved by the Manager, Building Services and the controls being in place on the site.
39. The developer must ensure that apropriate dust suppression measures are installed/utilised during the period of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Building Application for the approval of the Manager, Building Services prior to the issue of the Building Permit.
PARKING AND VEHICULAR ACCESS
40. The provision on site of nineteen (19) car spaces in accordance with plans submitted with D.A. 180/98. The vehicular driveway shall be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.
41. All entry and exit points and one or two way circulation movements are to be clearly signposted to the satisfaction of Council.
42. Applicant to pay Council to :
a) replace all redundant crossings with kerb and gutter;
b) construct a 150mm thick concrete crossing reinforced with F72 mesh in Cahill Street;
c) a 1.52 metre wide by 80mm thick concrete path in Cahill Street for the full width of the site.
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.
| 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.
- Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without written Council approval.
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 Standard | SEPP No.5 Guidelines | Compliance |
| Wheelchair Access | 50% 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 Height | Less 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 Scale | Floor space ratio (as defined in SEPP No.5) to be 0.5:1 or less. | FSR = 0.41 YES |
| Landscaped Area | A 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 |
| Parking | One 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 Analysis | Information 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. |
| Streetscape | Contribute 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 Privacy | Location 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 Climate | Adequate 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. |
| Stormwater | Control 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 Prevention | Allow 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. |
| Accessibility | Convenient, 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 Management | Provide waste facilities that maximise recycling. | Waste facilities will be available on site. |
| Visual Bulk | Building 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
- Precis of Report
1. Council at meeting of 23rd September, 1998, deferred a request
for operating hours to 3.00 am to the Policy Review, Forward Planning
and Staff Review Committee.
2. Policy Committee of 7th October, 1998 refused the request.
3. Council at meeting of 14th October, 1998 requested a further report.
4. Applicant has submitted a further letter on the matter.
5. Recommendation - Approval.
Report
The Council at the meeting held on 14th October, 1998 resolved as follows:-
- "THAT a further report be submitted to Council for consideration of the policy on closing times for Hotels, Clubs and other Licensed Premises, taking into consideration patronage by the existing hotels, clubs and licensed premises within the Hurstville City area."
This resolution arose from the adoption of the minutes of the Policy Review, Forward Planning and Staff Committee of 7th October, 1998 whereby the Committee had refused the request from Mr P Paphitis of the Kefi Taverna restaurant to trade past 1.00 a.m.
The previous reports to Council and the Policy Committee which set out the history of this matter are reproduced hereunder.
1. Council Meeting - 23rd September, 1998
- "PRECIS OF REPORT
1. 8 June, 1998 Council approved the restaurant subject to conditions of approval outlined in notice of determination DA 221/88.
2. 9 December, 1993 Council approved extension of trading hours to 3.00 am on a trial basis.
3. 26 February, 1997 Council resolved to limit trading hours for hotels, registered clubs, licensed premises, etc., to 1.00 am.
4. Approval is now sought for continuation of the extended trading hours.
5. One complaint was received from an adjoining restaurant. The matter was resolved in the Licensing Court.
6. Recommendation - approval.
Existing and Surrounding Development
The building presents a height of two storeys to King Georges Road and three storeys to the service yard to the rear. The restaurant is located on the lower or basement level.
The restaurant is adjoined to the north by a restaurant commercial premises and the railway line and commercial premises to the south. Immediately to the rear of the restaurant is a gymnasium and then a carpark. There are commercial and retail properties on the opposite side of King Georges Road.
This section of King Georges Road has 72,138 vehicle movements per day.
History
| 8 June, 1998 | Council approved the restaurant subject to the conditions outlined in Development Consent No. 211/88. Under Condition 2 trading hours were restricted to between 7.00 pm and 1.00 am Monday to Saturday and 7.00 pm and 12.00 midnight Sunday. |
| 9 December, 1993 | Trading hours were extended to 12.00 noon to 3.00 am the following day for six (6) months trial period. |
| 15 June, 1994 | The trial period was extended to twelve (12) months. |
| 1 June, 1995 | The twelve (12) month trial period was renewed for further twelve (12) months. |
| 6 December, 1996 | The trial period was renewed for a further twelve (12) months from that date. |
| 26 February, 1997 | Council resolved generally to limit trading hours for licensed premises, etc., to 1.00 am. |
| 20 January, 1998 | Application was made requesting continuation of the extended restaurant trading hours. |
Proposed Development
Continuation of extended trading hours of from 12.00 noon to 3.00 am the following day originally approved on a trial basis on 9 December, 1993.
The following submission has been made in support of the application :
"Council officers will be aware that we have only recently expended considerable sums of money to refurbish the premises and upgrade fire safety and equipment in the restaurant.
Your records will also show that we have been licensees for less than two years and the proposed restriction on trading hours will impose enormous financial hardship on us at a time when we have to meet significant repayments.
We also ask Council to consider us trading from midday as we do the occasional group bookings for lunch, especially leading up to Christmas.
To some extent, our is a specialised clientele and it would be extremely difficult to expect patrons to be off the premises by 11.00 pm. These proposed restrictions would simply see them go elsewhere. Our business will be ruined if these trading hours are enforced.
We are prepared to make available a financial report of the business, if Council so requires, to support these statements and ask that you reconsider the circumstances. At least give us the opportunity to trade through to 3.00 am as requested and, if necessary review the consent in twelve months time.
Ours is a family operated business with limited financial resources; endeavouring to re-establish a run down enterprise and, whilst we recognise the difficulty of doing so in the competitive restaurant trade of Beverly Hills, these restrictions would give others, who do not have the expense of having to be licensed as a place of Public Entertainment, a distinct and unfair advantage. Since they do not have to be licensed they may trade at will and it is difficult to see why the Council should now impose these restrictions on us when it is less than twelve months since support was given to a Liquor Licence to 3.00 am.
We now have that licence which is subject to substantial annual licensing fees, not to mention the expense of preparing and pursuing our application with the necessary legal representation through the Courts.
It is also important for the Council to understand that we operate four days per week, Wednesday to Sunday, and sometimes Monday and Tuesday depending on bookings. On Wednesday and Thursday we do not provide live entertainment so we tend to close at around 11.00 pm. On Sundays, we only trade for special occasions such as christenings, engagements, birthdays, etc., and these will occur ten to fifteen times per year."
Matters for Consideration
The site has been inspected and the matter assessed having regard for the relevant Heads of Consideration under Section 90 of the Environmental Planning and Assessment Act, 1979.
Statutory Requirements
The property is zoned General Business under the Hurstville Local Environmental Plan, 1994. Restaurants are permissible with consent. The existing consent may be modified by Council as the consent authority pursuant to Section 102 of the Environmental Planning and Assessment Act, 1979.
The original application was not advertised for public comment therefore there are no objections to the original proposal that could be affected by the proposed amendment to trading times. If the extended trading hours are approved by Council the development would remain substantially the same development as that approved under Development Application No. 221/88.
Relationship of the Development to Development on Adjoining Land
The restaurant is adjoined to the north by a restaurant, commercial premises and the railway line and commercial premises to the south. Immediately to the rear there is a gymnasium and a carparking area.
There are retail and commercial properties on the opposite side of King Georges Road. Roads and Traffic Authority traffic counts for 1996 indicate there are 72,138 traffic movements per day on this section of King Georges Road.
Existing and Likely Future Amenity of the Neighbourhood
The restaurant has been operating up to 3.00 am on a trial basis since December, 1993. In that time only one complaint regarding the restaurant has been recorded. A complaint about noise was received in 1994 from an adjoining restaurant but the matter was resolved in the Licensing Court. There has been no further complaint since.
The Circumstances of the Case
Whilst the extended trading hours would be contrary to the policy adopted by Council in February, 1997, limiting trading hours to 1.00 am, it would be reasonable to accede to the request without setting a precedent as the restaurant has been trading with extended hours since December, 1993 and the restaurant is located on a semi-basement level surrounded by commercial buildings fronting a very busy section of King Georges Road.
Summary
Council, as the consent authority may vary the original approved trading hours pursuant to Section 102 of the Environmental Planning and Assessment Act, 1979. Given the circumstances of the case, approval is recommended subject to the addition of a further condition requiring that 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.
RECOMMENDATION:
- THAT Council as the consent authority accede to the requested extended trading hours for the restaurant at No. 415B King Georges Road, (known as 411 King Georges Road), Beverly Hills, subject to :
1. Condition No. 2 being amended to read :
"The restaurant trading between the hours of 12.00 noon and 3.00 am the following day."
2. The addition of the following condition :
"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."
COMMITTEE'S RECOMMENDATION:
"THAT the matter be referred to the Policy Review, Forward Planning and Staff Matters Committee for consideration of circumstances for review of the 1.00 am policy.
AND FURTHER THAT the matter be referred to full Council."
COUNCIL RESOLUTION:
"349 RESOLVED THAT the matter be referred to a meeting of the
Policy Review, Forward Planning and Staff Committee for
consideration in association with a review of the Council's
current policy for hotel trading hours."
- 2. Policy Review, Forward Planning & Staff Committee Meeting - 7th October, 1998
"The Council at a meeting held on 26 February, 1997 considered a report on the trading hours on hotels, registered clubs and other licensed premises. This report was prompted by a State Government announcement to review late trading of such establishments. As a result the Council resolved that trading hours of such premises should be limited to a closing time of 1.00 am.
Hurstville Council at further meetings held on 17 December, 1997 and 8 April, 1998 reiterated this decision despite the Minister for Gaming and Racing, the Hon. J. Richard Face, MP, advising that he did not favour the imposition of blanket closing times.
Until the previous Council meeting, all further requests for trading hours of licensed premises have been refused when the hours are proposed later than 1.00 am. At this meeting, held on 23 September, 1998, the Council considered a request for a 3.00 am closing time for the Kefi Taverna restaurant at 415B King Georges Road, Beverly Hills, and resolved that the matter be referred to the Policy Committee for further consideration.
It was felt that there was merit in the approval of this individual application due to the following :
1. The Council approved a 3.00 am closing time in 1993 subject to annual reviews.
2. The approval has been renewed annually since this time.
3. There is no record of any problems or inconvenience having been caused by this restaurant's trading hours.
4. The restaurant is located in a basement of a commercial building and is surrounded by another commercial building, the main road, the railway and, at the rear, a carpark.
5. The restaurant is located on the busiest road in Hurstville which carries substantial amounts of traffic up to 3.00 am.
6. Beverly Hills is developing as an active centre for night life in the Hurstville area with the attractions being the cinema, a proliferation of refreshments and the hotel.
COMMITTEE'S RECOMMENDATION:
- "THAT Council adhere to the current policy, that Hotels, Clubs and other Licensed premises, be limited to a closing time of 1.00 am and FURTHER THAT the application for 3.00 am closing of the restaurant at 415B King Georges Road, Beverly Hills be refused and that trading shall not continue beyond 1.00 am."
The applicant has also submitted a further letter to support the request to operate to
3.00 am and this states as follows:-
- "We ask the Council to reconsider the trading hours as proposed in its correspondence dated 20th July 1998.
Council officers will be aware that we have only recently expended considerable sums of money to refurbish the premises and upgrade fire safety and equipment in the restaurant.
Your records will also show that we have been licensees for less than two years and the proposed restriction on trading hours will impose enormous financial hardship on us at a time when we have to meet significant repayments.
Ours is a family operated business with limited financial resources; endeavouring to re-establish a run down enterprise and, whilst we recognise the difficulty of doing so in the competitive restaurant trade of Beverly Hills, these restrictions would give others, who do not have the expense of having to be licensed as a place of Public Entertainment, a distinct and unfair advantage. Since they do not have to be licensed they may trade at will and it is difficult to see why the Council should now impose these restrictions on us when it is less than twelve months since support was given to a Liquor Licence to 3.00am.
We now have that licence which is subject to substantial annual licensing fees, not to mention the expense of preparing and pursuing our application with the necessary legal representation through the Courts.
We are not aware of any reason why the Council should suddenly impose these limits on the conduct of the business.
It is also important for the Council to understand that we operate four days per week, Wednesday to Saturday, and sometimes Monday and Tuesday depending on bookings. On Wednesday and Thursday we do not provide live entertainment so we tend to close at around 11:00pm. On Sundays, we only trade for special occasions such as christenings, engagements, birthdays, etc and these will occur ten to fifteen times per year.
We also ask Council to consider us trading from midday as we do the occasional group bookings for lunch, especially leading up to Christmas.
To some extent, ours is a specialised clientele and it would be extremely difficult to expect patrons to be off the premises by 11:00pm. These proposed restrictions would simply see them go elsewhere. Our business will be ruined if these trading hours are enforced.
We are prepared to make available a financial report of the business, if Council so requires, to support these statements and ask that you reconsider the circumstances. At least give us the opportunity to trade through to 3:00am as requested and, if necessary, review the consent in twelve months time."
No detailed survey has been undertaken of this variation but it is well known that with most licensed restaurants, the following occurs:
* generally a table must be reserved
* with a reservation a patron is identified by name and phone number
* there are a lesser number of large groups
* patrons are seated
* occupancy rates are lower than hotels and clubs
* generally less alcohol is consumed.
On the basis of the above variations of a licensed restaurant from a hotel or club and on the basis of the six (6) points set out in the report to the Policy Committee on 7th October, 1998, it is felt that there is a case for restaurants in Beverly Hills to trade to 3.00 am. However, to avoid a blanket approval, it might be considered that the extended hours only be permitted on Friday and Saturday evenings.
Accordingly a recommendation is made for approval.
| 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
- THAT Council as the consent authority accede to the requested extended trading hours for the restaurant at No. 415B King Georges Road (known as 411 King Georges Road), Beverly Hills, subject to :
1. Condition No. 2 being amended to read :
"The restaurant shall only trade between the hours of 12.00 noon and 1.00 am the following day, except trading will be permitted to 3.00 am on Friday and Saturday evenings."
2. The addition of the following condition :
"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, waste water, waste products or otherwise."
| 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)
- Applicant : Mr R F & Mrs S L Clarsen
Proposal : DETACHED DUAL OCCUPANCY
Zoning : Zone No. 2 - Residential
Interim Residential
Development Code : Development Area "A"
Owners : Mr R F & Mrs S L Clarsen
Existing Development : Two Storey Dwelling
Cost of Development : $200,000
PRECIS OF REPORT
1. The proposal is to construct a detached two storey dual occupancy containing three (3) bedrooms with two (2) carparking spaces.
2. Development history - previously refused.
3. Original development proposal has now been amended after consultation with Council officers. The proposal has now adequately addressed Council's previous reasons for refusal and is considered satisfactory.
4. The proposed development complies with Hurstville Interim Residential Development Code, 1995.
5. Adjoining owners/occupiers notified of the proposed development and four (4) submissions were received.
6. It is recommended that a Deferred Commencement Consent be granted.
Existing and Surrounding Development
The subject site has access from Kims Avenue via a right of carriageway as well as from Woodlands Avenue. The site is rectangular in shape and has a total area of 942 square metres. The land falls considerably from its northern end towards its southern end (being the Kims Avenue carriageway). Vegetation varies across the site from native bush to lantana type weeds in the north-east corner. The site is very rocky in nature and the level area is a combination of both cutting and filling and is retained by a rock wall. An existing dwelling is located in the southern half of the site and is accessed from the Kims Avenue carriageway. The surrounding development is generally that of a detached housing form.
History
* On 4 December, 1997 the owners of the subject property lodged a Development Application (No. 315/97) for the erection of a two storey dual occupancy dwelling.
* Adjoining owners/occupiers were notified of the proposal and two (2) objections were received.
* On 11 May, 1998 Development Application No. 315/97 was refused by Council for the following reasons :
- "1. The proposed development does not comply with Council's Interim Residential Development Code in the following respects :
a) landscaped open space
b) private open space.
2. A substantial portion of the proposed landscaped open space is not useable and has minimal amenity value.
3. A substantial portion of the principal private open space will not receive adequate sunlight.
4. The topography of the site is considered unsuitable for a second dwelling on the site due to the steepness of slope which leads the applicant's Geotechnical Engineer to state, "This development will close off access to most of the site which will make repairs and maintenance difficult in the future."
5. A multi-unit residential development taking the bulk of development to the limit is not considered suitable for a site which is classified "P" (problem site) under Australian Standard 2870-1996 "Residential Slabs and Footings".
6. The amenity of residents of both the existing and proposed dwellings will be compromised.
7. The proposed dwelling will create serious privacy impacts upon the existing dwelling.
8. The proposed development does not comply with the objectives and characteristics of Development Area "A" as outlined in Council's Interim Residential Development Code."
- In response to the above meeting the applicant has now submitted a new Development Application and has addressed the key issues (reasons for refusal). The key issues will be discussed later in this report.
Section 79C(1)
The site has been inspected and the proposal examined in accordance with the provisions of Section 79C(1) of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.
Statutory Requirements
The subject site is zoned No. 2 - Residential, under the Hurstville Local Environmental Plan 1994, and the proposal is permissible within the zoning with the consent of Council. The proposal has been assessed against the provisions of Council's IRDC and its relevant amendments.
Proposed Development
The proposed dwelling is to be situated on the northern half of the site and will have street frontage to Woodlands Avenue. Vehicle access will take place from Woodlands Avenue. The building will contain three (3) bedrooms, study, family room, kitchen, living/dining room, bathrooms, laundry and double garage. The building comprises three levels and follows the contours of the land. The existing dwelling will be retained with no building alterations.
Tabled Information
IRDC 1995 Controls | Required | Proposal | Compliance |
| Residential Density (site area/unit) | 315 m2 | Unit 1 = 574 m2 Unit 2 = 368 m2 | Yes |
| Landscaped Open Space | 55% (518.1m2) | 57.1% (538.3 m2) | Yes |
| Private Open Space | 100m2/unit | Unit 1 - 226 m2 Unit 2 - 122 m2 | Yes Yes |
| Minimum Dimensions - Private Open Space | 5m x 6m | Unit 1 - 7.5m x 9.0m Unit 2 - 5.9m x 6.9m | Yes Yes |
| Front Site Height Maximum | 9.0 m | 9.0 m | Yes |
| Front Site Storeys Maximum | 2 storey | (Unit 2 - Woodlands Ave) 2 storey | Yes |
| Front Boundary Setback (Woodlands Avenue) | 4.5m | 4.5m | Yes |
| Minimum Side Boundary Setback | 2.0m | 2.0m | Yes |
| Type of Housing | Detached | Detached | Yes |
| Car Parking | 2 spaces/ dwelling | 2 spaces/dwelling | Yes |
Divisional Referrals
- Manager, Approvals
The site of the development has been inspected and subject to removal of excess filling and excavation material from the site no objection is raised to the proposal. All retaining walls and building footings should be designed, inspected and certified by a qualified geotechnical engineer.
Manager, Development Advice
The following requirements should be imposed on the development if consent is granted.
* All stormwater to drain by gravity to Council's pipeline located parallel and adjacent to the side boundary of the site.
* A contribution should be made towards drainage amplification.
* Applicant to construct the vehicle access to Woodlands Avenue to the plans approved by Council.
Tree Preservation Officer
Councils Tree officer has advised that the tree to be removed is an Angophora Costata approximately 8-10 metres in height and does appear to be in poor health. It contains significant borer damage to several of the major limbs and trunk. It is recommended that permission be granted to remove the tree should development consent be granted. In addition a condition be imposed requiring that two (2) Angophora Costatas be planted on the site.
The applicant was required to address the following key issues (reasons for refusal).
- 1(a) Non-compliance with landscaped open space
Applicant's Comment : "The total landscaped open space for each unit exceeds the minimum requirements of the Interim Residential Development Code as shown in the compliance Table. The amended plans submitted to Council provide a detailed assessment of landscaped and private open space areas. The existing residence (Unit 1) has a total landscaped area of approximately 329 square metres or 57% of its associated area of 574 square metres. The proposed residence (Unit 2) has a total landscaped area of 209 square metres or 57% of its associated site area of 368 square metres. The landscaped open space required for Development Area "A" is 55%."
Response : The proposed development complies with Council's requirements.
1(b) Non-compliance with private open space
Applicant's Comments : "The code requires 100 square metres of private open space for each of the residential units. The existing residence is supplied with 226 square metres of private open space, while Unit 2 now has approximately 122 square metres. Each residence has a minimum dimensional area well in excess of the 5m x 6m required under the Code. The areas concerned are also generally within the slope tolerance of 1 in 20 and are accessible from the main living areas of each dwelling. The minimum dimension of any side generally meets the 3m requirement specified for Area "A".
Response : The proposed private open space areas will have dimensions and areas that satisfy Council's requirements. The proposed private open space areas will be capable of being used as an extension of the function of the dwelling for relaxation, dining, entertainment, recreation and children's play and will be directly accessible from the living and dining room. The proposed private open space areas are considered satisfactory.
2. A substantial portion of the proposed landscaped open space is not useable and has minimum amenity value.
3. A substantial portion of the principal private open space will not receive adequate sunlight.
Applicant's Comment : "A landscape concept plan for the subject site has been prepared by Jackson Nature Works (refer to drawing 2199 dated 24/7/98 and amended on 27/7/98). The plan indicates that a substantial portion of the site which accommodates Unit 2 is useable and has significant amenity value. Calculations of useable private open space depicted in 'red' on sheet 1 of the plans drawn by Fibrent Pty Ltd indicate that a total area of 103 square metres to the north of the proposed dwelling is available for outdoor leisure purposes. The area concerned is directly accessible from the living/dining room located on level 2 and the family room/deck on level 3.
A further area of nearly 20 square metres is available for private use adjoining the driveway to Unit 2. this space can be designed as a courtyard having direct access to the living/dining room.
The large deck (14 square metres) which adjoins the family room on level 3 has not been included in the calculations for private open space, but it will obviously play a significant role in the provision of outdoor leisure opportunities.
The western-most private open space which is accessible from level 2 enjoys late morning and afternoon sun in mid-winter, while the courtyard which adjoins the driveway enjoys the morning sun. The deck adjoining the family room at level 3 has sun in the early morning and late afternoon (refer shadow diagrams on sheet 2 of Fibrent Pty Ltd plans).
The existing dwelling shown as Unit 1 has ample private open space with the total useable area calculated to be 226 square metres. This is more than double the amount of private open space required by Council's Code. The calculations shown on the plan do not include the large patio at the ground floor level, or the spacious balcony at the first floor level.
The majority of useable private open space associated with the existing residence is located south of the building, to take advantage of the views over the Georges River. For this reason, the private space north of the existing residence is rarely used, and a large portion of this space is covered by an existing awning for weather protection.
The primary private open space to the south of the existing residence is already overshadowed in mid-winter by the existing building. The new residence will therefore not adversely affect the southern-most private space of Unit 1 in terms of overshadowing. (refer shadow diagrams on sheets 1 and 2 of Fibrent plans).
It is quite clear from the shadow diagrams prepared by Fibrent that the topographical features of the area and the location of a brick retaining wall adjoining the northern boundary of the subject site, are the main determinants of shadowing cast over the property in mid-winter. proposed Unit 2 produces a negligible additional impact on the existing residence below as it is nestled in substantially below the cliff face and the retaining wall".
Response : The private open space areas for the dwellings exceed Council's minimum requirement and are considered useable and are more than adequate to meet the needs of the occupants of the dwellings. It is acknowledged that the topographical features of the area and the location of a brick retaining wall adjoining the northern boundary of the subject site, are the main determinants of shadowing cast over the property in mid-winter. It is considered that the proposed building will not increase the existing shadow cast over the property in mid-winter. The applicant's comments in respect to this issue are acceptable.
4. The topography of the site is considered unsuitable for a second dwelling on the site, due to the steepness of slope which leads the applicant's Geotechnical Engineer to state, "This development will close off access to most of the site which will make repairs and maintenance difficult in the future."
Applicant's Comments : "The above quotation from the geotechnical report was taken out of context and was therefore misinterpreted. The author of the report has supplied a further explanation in relation to the comment referred to in point 6 of his Recommendations (refer letter dated 3 July, 1998 from E.F.A. Geotechnical Pty. Ltd., at Annexure "B")
In his clarification, B. L. Hargreaves states that :
"This point was not intended to restrict the type of dwelling you could build rather to ensure that your development programme was logical and all necessary work was carried out in a practical and orderly fashion, with provision to reduce future maintenance on the site.
Your construction proposal is no different and will not present any problems which haven't been experienced and solved by others with similar projects nearby."
Reference was not made in Council's refusal notice to the key conclusion drawn in Hargreaves' report that :
"We believe that this site is suitable for the proposed development providing that the footings are designed by a suitably qualified person and all structural footings are supported on bedrock or large floaters. Furthermore, the additional guidelines in our recommendations must be adhered to."
The topographical constraints of the site referred to in point 4 of the refusal notice are therefore strongly disputed."
Response : In view of the above information this issue has been satisfied and an appropriate condition of approval will require the applicant to comply with the guidelines and recommendations contained in the geotechnical report by E.F.A. Geotechnical Pty. Ltd.
5. A multi-unit residential development taking the bulk of development to the limit is not considered suitable for a site which is classified "P" (problem site) under Australian Standard 2870-1996 "Residential Slabs and Footings."
Applicant's Comments : "Hargreaves concludes in his report dated 29 March, 1998, that :
'In the unfilled areas of this site, according to AS 2870-1996 a CLASS A classification is appropriate, however, in the filled areas, as the fill is deeper than the specified limits in AS 2870-1996 and we have not sighted any certification, A Class P classification is applicable.'
Once again, the author's assessment was taken out of context when quoted in Council's refusal notice. The site was not classified 'P' (problem site), except for that area where the fill was deeper than the limits specified by the Australian Standard. The unfilled areas of the site were given an "A" classification under AS 2870-1996.
The owner of the site will ensure that the whole site enjoys an "A" classification by removing all fill which is deeper than the specified limits in AS 2870-1996.
In any case, it should also be noted that the design of the dwelling does not "take the bulk of the development to the limit", as the proposal is sympathetic with the topographical features of the site given its stepped appearance. The development does not exceed two storeys at any point, and the building is well below the 9.0 metre height limit in most locations (refer elevations on sheet 2 of Fibrent plans). It is also noted that proposed Unit 2 will be barely visible when viewed from Woodlands Avenue, or any other public space near the subject site."
Response In view of the above information this issue has been satisfied. In addition if the application is approved an appropriate condition be imposed requiring the owner of the site to remove all fill which is deeper than the specified limits in AS 2870-1996.
6. The amenity of residents of both the existing and proposed dwellings will be compromised.
Applicant's Comments : "It is not clear how the amenity of the occupants of both the existing and proposed dwellings will be compromised. It can be argued that each dwelling offers a high level of amenity when the following points are taken into consideration :
- * both dwellings enjoy panoramic views over the Georges River and the expansive foreshore environment (refer photograph 1 at Annexure "C");
* each dwelling is provided with 57% of its associated site area as landscaped open space;
* both units exceed the 100 square metres private open space requirement, without having to include balconies, patios or decks;
* each of the residences has a separate vehicle access drive, rather than a common communal right-of-carriageway;
* ample on-site parking is provided for both residents and visitor vehicles;
* each site is provided with attractive and functional landscape treatment;
* privacy is provided between the two buildings through the introduction of screen planting;
* each dwelling enjoys a high level of privacy in relation to the location and relative levels of adjoining houses;
* both dwellings enjoy a serene local environment, without any noise associated with passing traffic;
* each dwelling is within easy walking distance to local public reserves.
The degree of amenity for both dwellings is extremely high as illustrated above."
- Shadows - The submitted shadow diagram of the proposed development have been prepared for mid-winter. As can be seen from the shadow diagram, the shadows cast by the proposed building will not increase the existing shadow cast onto adjoining properties by the topographical features of the area and the existing brick retaining wall adjoining the northern boundary.
Noise - Short term noise impact is likely to adjoining properties during the construction phase. The hours of construction work would be limited to normal working hours to avoid undue loss of amenity.
Dust - In order to control wind-borne dust from the site during the construction phase, a 3.0 metre high hessian screen barrier may be provided along the boundaries to protect adjoining properties.
Privacy - The development will not compromise privacy to existing and future residents for the following reasons :
* There is more than adequate setback distances between existing adjoining buildings and the proposed building.
* The design of the development maximises privacy for dwellings and their curtilege.
* The development will provide screen landscape planting where possible along the boundaries of the site.
Wind - Due to the type and height of the development, it is considered that there will be no adverse wind conditions onto adjoining properties.
- It is considered that the proposed development due to its nature and design will not adversely affect the amenity of the area.
7. The proposed dwelling will create serious privacy impacts upon the existing dwelling
Applicant's Comments : "The previous proposal did not adequately address the issue of privacy between the existing dwelling and proposed Unit 2. The new application is supported by a landscape plan, which clearly provides for screen planting within a terraced garden bed adjoining the southern boundary of Unit 2. The species to be planted for screening purposes have been carefully selected to ensure that they do not dominate the space between the existing and proposed buildings. The landscape designer has chosen the following species to achieve this result :
* Callistemon 'Endeavour', and
* Dodonea Viscosa 'Purpurea'.
Although these species will grow to a maximum height of 4 metres and 3 metres respectively, they will not cast any significant shadows on the existing residence in mid-winter, since shadows are already cast on Unit 1 by the brick retaining wall located along the northern boundary of the site. (refer shadow analysis on Section A of sheet 1).
It is also proposed to extend the existing awning at the rear of Unit 1 to provide additional outdoor entertaining area which is weather protected.
The extension of the awning will further ensure that overlooking from proposed Unit 2 does not occur.
As discussed earlier in this submission, the vast majority of outdoor entertaining associated with Unit 1 occurs on the southern side of the residence in order to take advantage of river and foreshore views. Given the orientation of living areas towards these view corridors and the measures proposed by the applicant to provide screening devices between Units 1 and 2, there no longer appears to be any serious privacy impacts upon the existing dwelling.
Response : It is considered that the proposal will not compromise privacy to the existing dwelling. The design has ensured that windows to rooms with high usage such as living rooms are located so they do not directly overlook into adjoining high usage areas. In addition the development will provide screen planting along the boundaries of the site.
8. The proposed development does not comply with the objectives and characteristics of Development Area "A" as outlined in Council's Interim Residential Development Code.
Applicant's Comments : "The characteristics identified for Development Area "A" in the Interim RDC are set out below :
'Residential development found in Development Area "A" is generally detached housing on larger allotments with a dense vegetation cover or garden setting. The desired form of development is one of single detached dwellings integrated with landscaped features. This will ensure that the character of detached housing in the area and the local streetscape will be retained.'
The proposed development will be located on a regular shaped allotment which has a total site area of 942 square metres. The new two storey residence is detached from the existing one and two storey dwelling, and the design prepared by the architect ensures that the building is sympathetic to the topographical features of the area. The bulk and scale of proposed Unit 2 integrates well with that of other existing residential buildings in the neighbourhood and the immediate streetscape.
As with the existing dwelling, the new residence will be located in a garden setting which is typical of the natural characteristics found in Development Area "A". The landscape plan prepared by Jacksons Nature Works will ensure that a high quality landscape theme will be implemented on the subject site.
The Council's stated objective in Development Area "A" is to encourage development which :
* is in the form of detached houses;
- * is compatible with the scale and character of the existing detached housing; and
* has a high proportion of natural ground surface to maximise natural surface drainage and tree planting.
The objective for building height and form is reproduced below :
'To ensure new development is compatible with the existing in bulk and scale, the control of dwelling height and form will be achieved by the use of a building envelope which controls the building height, side and rear setbacks.'
The new residence complies with both the 9.0 metre height limit, as well as the envelope requirement specified in the Interim Code. (refer sheets 1 and 2 of Fibrent plans).
The Code stipulates the following objective for private open space :
'Private open space must meet user requirements for privacy, access, outdoor activities and landscaping. Each dwelling must provide an area of useable private open space, or private courtyard area, which has direct private access from the dwelling. The location of the private open space must take into account factors such as solar access, outlook, privacy, and the location of adjoining dwellings.'
The compliance table in this submission, and earlier comments concerning landscaped and private open space suggest that the above objection has been satisfied. The location of private open space has been adequately designed and assessed in terms of solar access, outlook, privacy and the location of adjoining dwellings.
The objective for landscaped area requires the applicant :
'To create a pleasant and safe living environment that is environmentally responsive.'
This objective will be achieved for the subject site through the implementation of the landscape plan prepared by Jacksons Nature Works. The proposal requires the removal of only one medium size tree from the site, while the plant schedule on the landscape plan identifies many new trees, shrubs and ground covers to be introduced as a result of the proposed landscape theme.
The final objective identified in the Code for Area 'A' is development form :
'To permit low density housing with minimal impact on existing residences and streetscapes.'
The proposed new residence will not have any adverse impact on the existing streetscape. The new building will be quite inconspicuous in its intended location at the western end of Woodlands Avenue, particularly in elation to adjoining residential developments. (see photographs at Annexure 'C') The applicant has in fact obtained letters of support from six (6) out of seven (7) adjoining owners. Those who objected (Nos. 5 and 7 Woodlands Avenue) did not object to the design or location of the building, but to the increased traffic generation. In relation to the internal impact of proposed Unit 2 on existing Unit 1, the issues of privacy and overshadowing have been addressed earlier in this submission."
Response : It is considered that the applicant has adequately addressed this issue and that the proposed development will satisfy the relevant objectives and characteristics of Development Area "A".
All vehicular access to proposed Unit 2 will be via a driveway from Woodlands Avenue. Access to the existing residence (Unit 1) will continue to be via a right-of-carriageway from Kims Avenue.
The applicant is keen to provide a driveway design which will enable vehicles to enter and leave the site in a forward direction. He has made a submission to Council to purchase a portion of the western end of Woodlands Avenue to facilitate the construction of a vehicle manoeuvring area associated with proposed Unit 2. Should Council agree to the purchase of some 134 square metres of road reserve, the applicant intends to construct a turning area to provide easy access to and from the site.
If the purchase is not favoured by Council, the applicant will apply to construct the turning area on the road reserve to specifications stipulated by the Engineering Division. All costs for design and construction would be borne by the applicant.
If neither of these options are approved by council, the applicant will provide the turning bay on the existing site within the landscaped area south of the proposed driveway. This will be achieved by installing a "grasscrete" (or similar) surface on a portion of the area currently designated on the plan as "lawn".
It should be noted that the applicant's preferred option is to provide the turning area on the road reserve, since this is an appropriate function for Woodlands Avenue.
The applicant's proposals have each been examined and the preferred option for purchase of portion of the unmade roadway is the subject of current negotiations with Council.
Public Notification and Comment
Adjoining residents were again notified by letter and given twenty-one (21) days in which to view the plans and submit any comments on the proposal. Four (4) submissions were registered and include comments as outlined below :
i) Access to the development along Woodlands Avenue needs to be improved. As part of the development consent a condition be imposed requiring the widening and sealing of the access road.
Comment : This issue is covered by appropriate conditions in Schedule 1 of the recommendation.
ii) Stormwater Drainage - Ensure that stormwater runoff does not affect adjoining properties.
Comment : Appropriate conditions of approval will ensure that stormwater drainage from the site is in accordance with Council's requirements and does not impact onto adjoining properties.
iii) Landscaped and scenic quality of the area is not impacted.
Comment : The scale, building form, height, materials and colours of the proposal are designed so that when viewed from other parts of the area the development will not be a dominant feature. It is considered that the landscaped and scenic quality of the area will not be adversely affected by this development and it is consistent with the character of the area.
iv) Loss of carparking spaces along the access road off Woodlands Avenue specifically installed for the residents of 3-5 and 7 Woodlands Avenue. Request that these five (5) spaces (two for No. 7 and 3 for Nos. 3-5) continue to be used by the residents of 3-5 and 7 Woodlands Avenue.
Comment : Premises 3-5 and 7 Woodlands Avenue are situated adjacent to the unmade section of Woodlands Avenue west of the cul-de-sac end of the carriageway. An access driveway has been constructed from the end of the cul-de-sac within the road reservation generally in accordance with a plan prepared by Council's Engineers Department in February, 1981.
During a recent inspection it was noted that five (5) cars were parked on the driveway within four (4) angle spaces to the southern side of the driveway and one (1) at the end of the driveway. The extension of the driveway to reach the side boundary of 18 Kims Avenue will eliminate the car space at the end of the driveway. This is of particular concern to the owner of 3-5 Woodlands Avenue who claims the right to this third carspace.
In February, 1997 council approved the extension of the existing driveway through to the side boundary of 18 Kims Avenue. Temporary construction has been undertaken however the paving and drainage of the driveway extension has not been commenced. The cost of he original driveway was apparently met by the owners, at the time, of premises 3-5 and 7 Woodlands Avenue. The construction cost of the extension driveway is to be met by the owner of 18 Kims Avenue.
Applications in accordance with Council's prescribed procedures have been made for the purchase of sections of Woodlands Avenue by the adjacent property owners namely, 3-5 Woodlands Avenue and 18 Kims Avenue, Lugarno. These applications are being reviewed by Council's Engineers and the Divisional Manager, Community and Corporate Services.
v) The dwelling be compatible with other dwellings in the vicinity.
Comment : The proposed design of the building will complement the character of the area in terms of its height, bulk, roof, scale and building form. An appropriate condition of approval will require that the proposal satisfy Council's criteria for controlling external materials, colours and finishes. The external building materials and their colours will be compatible with the character of the locality.
vi) Suitability of the land for the proposed development.
Comment : As part of the development application a geotechnical report was received by Council from E.F.A. Geotechnical Pty. Ltd. The report indicated that "this site is suitable for the proposed development providing that the footings are designed by a suitably qualified person and all structural footings are supported on bedrock or large floaters. Furthermore, the additional guidelines in our recommendations must be adhered to." An appropriate condition of approval will require the applicant to comply with the guidelines and recommendations contained in the geotechnical report by E.F.A. Geotechnical Pty. Ltd.
vii) Erosion and sediment control.
Comment : An appropriate condition of approval will be imposed to control erosion and sedimentation from the site during construction work.
viii) The site be landscaped.
Comment : the submitted landscape plan prepared by Jackson nature Works indicates that adequate landscaping will take place on the site.
ix) Overshadowing of adjoining properties.
Comment : This matter has already been discussed in the report.
x) Electric wiring could be realigned and moved over the roof of House No. 14 Kims Avenue, such is not satisfactory.
Comment : An electricity easement for overhead wires traverses Nos. 12 and 18 Kims Avenue. The supply mains to the existing house at No. 18 will require to be altered however, the location of these overhead supply mains will have to be to the requirements of Energy Australia. This is not a Council matter.
xi) There could be land movements during the construction of the dwelling especially along the rear boundary of No. 14 Kims Avenue.
Comment : A condition of approval will require the applicant to take care during construction work especially along the rear boundary of No. 14 Kims Avenue.
xii) Excavation and construction work not take place on weekends.
Comment : A condition of approval will require that the hours of work on the site shall be limited to the hours of 7.00 am to 5.00 pm Monday to Saturday inclusive with no work on Sundays or Public Holidays.
xiii) Prior to the commencement of the development the owners erect a fence between their property and No. 12 Kims Avenue.
Comment : The applicant be requested to discuss the above matter with the owner of No. 12 Kims Avenue prior to the commencement of any site works.
xiv) The owner ensure that the building contractors not dump debris or dirt down the hill to No. 12 Kims Avenue.
Comment : The applicant will be required to ensure that no debris or dirt be dumped onto adjoining properties.
Summary
The proposal is a permissible form of development and satisfies Council's relevant planning controls. The proposal will be compatible with existing and future development in the area in terms of height, bulk, scale, building form, landscaping, roof, materials, textures and colours and will not have any adverse impact on the area. Having regard to all the planning considerations it is considered that the design, location and scale of the proposed development is an acceptable form of development.
Conclusion by Manager, Approvals
Whilst no objection is raised per se to the construction of the dual occupancy dwelling as proposed by the applicant, concern is expressed regarding the long term stability of the access driveway as constructed to the allotment. The driveway extension has been constructed using dry packed stone retaining filling to a height of 3.5 metres over the depressions in the land-form between the previously constructed access road and the site whereas, the plans approved by Council indicate a reinforced concrete driveway spanning over piers to solid rock.
The applicant has confirmed that the driveway as constructed is a temporary access to the site and that he is negotiating with the adjoining owner at 3 Woodlands Avenue regarding a joint venture construction of a widened access drive which would also serve as access to a future elevated garage structure on 3 Woodlands Avenue, if approved by Council.
As mentioned earlier in this report the applicant and the adjoining property owner are each negotiating with Council for the purchase of potions of the road reserve and if successful, a varied access driveway may result. The applicant therefore does not wish to complete construction of the driveway at this stage.
Other issues of concern include the stability of filling and the packed stone retaining walls on the site, the drainage of the driveway and of the site. Also, it is considered that excessive fill placed on the land should be removed and retaining walls reduced in height.
In the circumstances it is considered that a Deferred commencement consent may be appropriate in order that the matters relating to site stability and the access drive are attended to before the construction of the dwelling or the subdivision of the site is approved.
| 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
- THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, Deferred Commencement consent be granted to the above development contingent upon compliance with the conditions appearing in Schedule 1, within twelve (12) months from the determination date of this consent,
AND FURTHER THAT upon confirmation to that effect in writing from Council such consent shall commence to operate as a Development consent pursuant to Section 80(1) of the Act for the erection of a detached two storey dual occupancy dwelling at 18 Kims Avenue, Lugarno, for a period of two (2) years from the date of written confirmation from Council and, subject to all conditions appearing in Schedule 2.
SCHEDULE 1
1. The access driveway over Woodlands Avenue shall be constructed and completed to the satisfaction of council's Engineer in compliance with engineering plans prepared by Robert C. Reid and Associates Job No. 9703 Drawing No. S1 approved by Council on 25 February, 1997.
OR alternatively, constructed and completed to drawings approved by council's Engineer following agreement with Council concerning the purchase in fee simple, of portion of the Woodlands Avenue reserve.
2. Stormwater drainage from the existing section of the concrete access driveway shall be intercepted and discharged to Council's stormwater drainage system in a manner approved by Council's Engineer. Hydraulic details shall be submitted to Council for approval.
3. A geotechnical engineer shall be engaged to inspect all dry packed stone retaining walls and issue instructions regarding removal of filling on the site and otherwise certify the stability of retaining walls before any building work is commenced on the dwelling.
SCHEDULE 2
1. Compliance generally with drawing Nos. Sheet 1 of 3, Sheet 2 of 3 Job No. 97-2806 dated 28 July, 1998 prepared by Fibrent Pty. Ltd., and submitted with DA 19988225, excapt where amended by the following conditions.
2. COMPLIANCE WITH CONSENT PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE - Pursuant to clause 79H of the Environmental Planning and Assessment Act 1979 the following conditions must be complied with in full prior to the issue of any Construction Certificate. It is the responsibility of the Certifying Authority not to issue any Construction Certificate where any of the following conditions have not been satisfied.
3. Permission is granted for the removal of an Angophora Costata 8-10 metres in height on the site. The applicant shall plant two (2) Angophora Costatas on the site and such trees shall be shown on an amended landscape plan.
4. The dwelling shall be constructed in materials and colours which are compatible with the surrounding area. Details of the above shall be submitted prior to the release of the Construction Certificate.
5. The applicant shall negotiate suitable easements for electricity supply lines over adjoining premises where required and comply with the requirements of Energy Australia.
6. Precautionary measures shall be taken during construction to prevent soil, boulders and building debris spilling onto premises 12 and 14 Kims Avenue.
SECTION 94 CONTRIBUTIONS
PAYMENT OF SECTION 94 CONTRIBUTIONS - These conditions have been imposed on the basis that the proposed development will create additional demand on facilities, infrastructure and services within the City and that the development should contribute towards the cost of these facilities and to ensure that funds can meet the cost of these facilities, that contributions be updated quarterly in accordance with the CPI rate.
7. Open Space and Community Recreation - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, the developer must pay to the Council a monetary contribution for open space and community recreation facilities.
The contribution is based on the criteria that any development which results in a nett increase in the City's population 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 total open space and community recreation facilities contribution required for this development is $6043.
8. Community Services and Facilities - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, the developer must pay to the Council a monetary contribution for community services and facilities.
The contribution is based on the criteria that any development which results in a nett gain of people living in the City or a change in the population structure will create extra demand on community services and facilities.
The total community services and facilities contribution required for this development is $534.05.
9. Drainage Services within Georges River Catchments - Pursuant to Section 94 (1) of the Environmental Planning and Assessment Act, 1979 the developer must pay to the Council a monetary contribution for the provision of drainage services.
The contribution is based on the criteria that any development which results in a nett gain of people living in the City or a change in the population structure will create extra demand on drainage services.
The contribution rate for Georges River Catchments is $1.77 per square metre of gross land area of the subject site.
The total drainage services contribution required for this development is $1799.44.
Indexing of Contributions - This condition is imposed to ensure that Section 94 contributions are updated annually in accordance with CPI.
The amount of the contribution(s) payable pursuant to condition number(ed) ......... must be paid prior to the issue of the Construction Certificate and will be indexed on 1 July each year in accordance with the Building Index published by the Australian Bureau of Statistics.
10. 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 $179.30.
11. Council property and environmental damage security - Before the issue of a Construction Certificate the applicant shall pay a builders damage deposit of $1500.00 for the cost of making good any damage caused to any Council property as a consequence of the implementation of the consent, with such amount being refunded on completion of work where no damage occurs.
CONSTRUCTION
SUBMISSION AND APPROVAL OF CONSTRUCTION MANAGEMENT PLAN - These conditions have been imposed to ensure that development work is undertaken in an acceptable and orderly manner so as not to have a detrimental impact upon public health, safety and convenience or cause damage to public property.
12. Construction management plan - Prior to the issue of a Construction Certificate the applicant shall submit to and obtain Council approval of a Construction Management Plan that clearly sets out the following:
(i) what actions and works are proposed to ensure safe access to and from the site and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like;
(ii) the proposed method of loading and unloading excavation machines, building materials, formwork and the erection of any part of the structure within the site;
(iii) the proposed areas within the site to be used for the storage of excavated material, construction materials and waste containers during the construction period;
(iv) how it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways;
(v) the proposed method of support to any excavation adjacent to adjoining properties, or the road reserve. The proposed method of support is to be designed by a Chartered Civil Engineer with National Professional Engineering Registration 3 (NPER3) in structural design; and
Where it is proposed to:
(a) pump concrete from within a public road reserve or laneway, or
(b) stand a mobile crane within the public road reserve or laneway,
(c) use part of Council's road/footpath area,
(d) pump stormwater from the site to Council's stormwater drains, or
(e) store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway,
an appropriate application for a construction zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's adopted schedule of fees and charges shall be submitted to Council and approval obtained before a Construction Certificate is issued.
13. Vibration damage - To minimise vibration damage and loss of support to the buildings in close proximity, a report shall be prepared by a qualified geotechnical engineer detailing the maximum size of hammer to be used, where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence). The report shall be submitted with any Construction Certificate Application and the recommendations of the qualified geotechnical engineer are taken to be conditions of Development Consent.
14. A 3.0 metre high hessian screen barrier shall be provided along the boundaries of the site to protect adjoining properties from dust.
PUBLIC UTILITIES
15. Sydney Water - Access to water and waste water services - A Compliance Certificate under Section 73 of the Water Board (Corporatisation ) Act, 1994 shall be submitted to the Council prior to the issue of a Construction Certificate. Sydney Water may require the construction of works and/or the payment of developer charges and other Sydney Water approvals may be necessary prior to commencement of construction work. Accordingly, the necessary application to Sydney Water should be made as early as possible to avoid problems in servicing the development. A connection to Sydney Water's water supply system will not be permitted until a Section 73 Certificate has been issued and Construction Certificate plans, endorsed by Sydney Water or its agents, have been provided.
16. Energy Australia - Arrangements shall be made with Energy Australia in relation to:
(a) the method of connection of the property to the Energy Australia supply, ie. either underground connection or by overhead supply.
Details of works required by Energy Australia must be submitted with the Construction Certificate Application.
17. Water, Waste Water, Electricity, Gas and Telecommunications - Arrangements shall be made to the satisfaction of all utility authorities in respect to the services supplied by those authorities to the development. The necessity to provide or adjust conduits / services within the road and footway areas is to be at full cost to the applicant.
18. Building and demolition work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site SHALL NOT BE PERFORMED, or permitted to be performed, except between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive other than Good Friday, Christmas Day, and any public holiday.
19. Erosion and sedimentation controls - The builder or any person acting under this consent will be held responsible for ensuring that erosion controls are installed and procedures are put in place prior to the commencement of any demolition, excavation or work to the satisfaction of Council so as to ensure:
(b) Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed with approval).
(c) All uncontaminated run-off is diverted around cleared or disturbed areas.
(d) Silt fences or other devices are installed to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways and such silt fences or devices are fully maintained for the duration of the activity.
(e) Controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadways.
(f) All disturbed areas are rendered erosion-resistant by turfing, mulching, paving or other methods approved by Council and erosion controls are continuously maintained to Council's satisfaction throughout construction.
(g) All water pumped or otherwise removed from excavations or basement areas is filtered to remove all sediment prior to discharge.
(h) Pumped or overland flows of water are discharged so as not to cause, permit or allow erosion.
FAILURE TO INSTALL AND MAINTAIN RUN OFF AND EROSION CONTROLS WILL RESULT IN THE BUILDER or DEMOLITION CONTRACTOR BEING SUBJECT TO ONE (1) or MORE OF THE FOLLOWING :
(a) Injunction proceedings in the Land & Environment Court.
(b) Prosecution under Section 16 Clean Waters Act 1970 (maximum $125,000 fine);
(c) On-the-spot fines under the Environmental Offences & Penalties Act 1989.
20. Prohibition of Burning Off - No article, material or the like must be ignited or burnt off (NO BURNING OFF). It is an offence pursuant to Clauses 5 & 6 of the Clean Air (Control of Burning) Regulation 1995 to burn anything by open fire or incinerator in the City of Hurstville Local Government Area and the builder is responsible for any offence and for ensuring all contractors and his employees do not ignite or burn off any matter. Council will issue On-The-Spot fines to the builder under the Environmental Offences and Penalties Act 1989 if anything is ignited or burnt in breach of this law. In exceptional circumstances, at its discretion, Council may consider a request to burn off in accordance with Clause 8 of the Regulation.
GEOTECHNICAL REQUIREMENTS
21. The applicant shall comply with the guidelines and recommendations contained in the geotechnical report by E.F.A. Geotechnical Pty. Ltd.
VEHICULAR ACCESS AND PARKING
22. Residential parking requirements for less than 4 units - The developer must provide four (4) car spaces in accordance with the approved plans. The vehicular driveway, manoeuvring areas and carparking spaces (other than garages) must be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council's specifications. Footpath and crossing levels must be obtained from the Engineering Division at a fee set by Council.
23. All car parking for the new dual occupancy dwelling shall take place within the garage shown on the plans accompanying the application.
STORMWATER MANAGEMENT
24. All stormwater on the site shall be intercepted in pits and drains and conveyed to Council's drainage easement. connection to the easement pipe shall be carried out under supervision of Council's Engineer.
LANDSCAPING
25. On-site landscaping shall generally take place in accordance with the submitted landscape plan drawn by Jacksons Nature Works, dated 27 July, 1998. Drawing 2199.
26. Protection of trees generally - The applicant shall ensure that any person carrying out tree removal/vegetation clearance, have/has been given approval to remove such trees/vegetation in accordance with this consent and carries a copy of this consent with them while attending the site.
27. Watering System - The landscape area shall include the provision of a common tap / taps / irrigation system to permit all landscape works to be adequately watered.
28. Protection of tree roots - Underground services shall be routed to avoid existing tree root zones. Where trenching for services is unavoidable, any roots larger than 25mm in diameter shall be conserved and services placed below the roots.
29. Details of the location and screening of clothes drying areas and the location of mailboxes must be indicated on the landscape plan to be submitted with the Construction Certificate Application.
FENCING
30. All boundary fencing shall be erected at the applicant's expense. The applicant is required to discuss the provision of a boundary fence with the owner of No. 12 Kims Avenue prior to the commencement of any site works.
31. Dividing Fences - The owner should satisfy the requirements of the Dividing Fences Act prior to erecting any fencing on the common boundaries. For information regarding the Dividing Fences Act, contact the Chamber Magistrate at the Local Court or your nearest Community Justice Centre. Note: Where Development Consent conditions expressly require the erection of new dividing fences, such fencing must be erected at the applicant's expense and Development Consent conditions have precedence over the provisions of the Dividing Fences Act.
INSPECTIONS WHICH MUST BE CARRIED OUT BY THE PRINCIPAL CERTIFYING AUTHORITY - The following conditions have been imposed to ensure regular inspections of building works to ensure that construction is proceeding in accordance with Development Consent.
32. The Principal Certifying Authority must carry out the following inspections or otherwise be satisfied by compliance certificates issued by suitably qualified professional persons (at the Principal Certifying Authority's discretion) that the following work has been carried out in compliance with Development Consent, Construction Certificates and approved details.
Work must not proceed beyond each inspection unless the Principal Certifying Authority is satisfied that all work complies with the Development Consent, the Act, and the Regulations.
Where Council has been appointed as the Principal Certifying Authority, an inspection fee will be paid in accordance with the Schedule of Fees and Charges. Inspection fees are payable for each and every inspection, whether an initial inspection or a follow-up inspection where remedial work has been necessary. Forty-eight (48) hours' notice in writing, or alternatively twenty-four (24) hours' notice by facsimile or telephone, must be given to Council when the specified work requiring inspection has been completed.
Schedule of required inspections:
* Final completion of all building works and other works covered by this Approval.
* Erosion controls, site works and site setout, prior to building works commencing.
* Placement of piers or foundations prior to placing footings.
* Steel reinforcing prior to pouring concrete.
* Framework of structure prior to lining or cladding being fixed.
* Final completion of all building works and other works covered by this Approval.
Fee required : $240.00
33. Registered Surveyor's Setout - The Principal Certifying Authority must ensure that all works associated with this consent are set out by a Registered Surveyor at the following stages of construction, that appropriate recovery points are placed and that work must not proceed beyond that stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with approved plans:
* Floor slabs or foundation wall prior to formwork or brickwork commencing.
34. BEFORE ANY WORK STARTS plans and specifications prepared and endorsed by a suitably qualified practising structural engineer, which detail the items listed hereunder, must be submitted to the Principal Certifying Authority.
- * The footing design for the proposed structure. In this regard AS 2870 is deemed to comply.
* The design of all reinforced building elements. In this regard AS 3600 is deemed to comply.
* The design of the piers required to reach the level of the natural ground or any rock. The design is to include the position, size and type of each pier.
* The design of the proposed retaining wall(s).
* The design of the structure or work necessary to stabilise the excavated areas.
35. Submissions to Council of a report prepared by a qualified Geotechnical Engineer practising in the field of geotechnical investigation, certifying the stability of the site and specifying design constraints to be placed on the foundations, earthworks or retaining walls required for the proposed building.
36. Home Building Insurance for Residential Building Work - Consent is subject to the condition that the builder or person who does any residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Home Building Act 1989 prior to the commencement of any residential building work together with the notice of commencement required by the Act.
37. Appointment of Principal Certifying Authority - No works in connection with this Development Consent are to be commenced until the applicant:
- (i) has had detailed plans and specifications endorsed with a Construction Certificate;
(ii) has submitted a copy of the endorsed plans and the Construction Certificate to Council;
(iii) has appointed a Principal Certifying Authority; and
(iv) has notified the Council of the appointment.
The applicant may appoint the Council or an Accredited Certifier as the Principal Certifying Authority for the development. If the Principal Certifying Authority is not the Council, then the person so nominated must provide an acceptance of the nomination in writing to the Council. If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of appropriate certificates.
| 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)
- Applicants : P. & T. Witheriff
D. & J Bailey
L. & T. Powell
B. & P. Carter
T. Hulme and G. Glanville
Proposal : TORRENS TITLE SUBDIVISION
OF LAND TO CREATE ELEVEN (11)
ALLOTMENTS (SIX (6) ADDITIONAL
LOTS)
Zoning : Zone No. 2 - Residential
Owners : P. & T. Witheriff
D. & J Bailey
L. & T. Powell
B. & P. Carter
T. Hulme and G. Glanville
Existing Development : Five separate allotments, each containing a
detached dwelling
PRECIS OF REPORT
1. Application seeks approval for the Torrens Title subdivision of land to create eleven (11) allotments (six (6) additional lots).
2. Previous Development Application (D.A. S24/98) for a twelve (12) lot subdivision on the subject land was refused by Council. An appeal has been lodged with the Land and Environment Court in regard to the previous and current development applications.
3. The proposal does not comply with Hurstville Local Environmental Plan, 1994 in terms of minimum allotment width and the foreshore building line. Also the proposal does not comply with Council's subdivision code in relation to the width of access corridors to battleaxe allotments, and the number of allotments proposed to be served by the right-of-way exceeds the maximum prescribed by the code. State Environmental Planning Policy No. 1 objections and a request for variation of the foreshore building line have been lodged. Variations are considered reasonable in this particular case.
4. Adjoining owners were notified of the proposal. Fourteen (14) submissions were received, including one from the State Member for Georges River.
5. Council assume the concurrence of the Director of Urban Affairs and Planning pursuant to Statement Environmental Planning Policy No. 1 and approve the application subject to conditions.
Background Information
| 19/3/98 | Development Application S24/98 was lodged with Council for subdivision of the site to create an additional seven (7) allotments (total of 12 allotments) |
| 9/7/98 | Council refused the above application under delegated authority for the following reasons : "1. The widths of proposed lots 3, 4, 5, 6, 7, 9, 10 and 12 are only 11.89 metres compared to Council's subdivision code width of 15.0 metres minimum. 2. Council's subdivision code requires a 15.0 metre wide public road for access to more than six battleaxe blocks. 3. Lots 3, 4, 5, 6, 7 and 8 are located between the foreshore building line and the mean high water mark of the Georges River, thus preventing the construction of a dwelling on any of these lots. 4. The allotment pattern is contrary to the existing subdivision pattern of long slim lots down the hillside and divergence from this pattern will be deleterious to the urban pattern on the hillside. 5. This is a valuable portion of Lugarno's heritage area, and this proposed subdivision could involve the removal of many indigenous trees and shrub species and significant change to land form. 6. Approval of subdivision which contravenes Council's foreshore building line and allotment widths is not in the public interest." |
| 13/8/98 | Notice of an appeal in the Land and Environment Court against Council's refusal was served upon Council. It should also be noted that, as well as this appeal, the appellants have lodged a further development application for a subdivision of a similar configuration but this time to create eleven (11) lots, i.e., one less lot and is the subject of the current development applications (No. 19988147) under consideration. At the callover Council's attorneys filed the Statement of Issues and the Registrar directed that the matter be listed for hearing on 18-20 November, 1998. the Statement of Issues are : 1. The proposed subdivision fails to comply with the minimum lot width requirement contained in Clause 11 of Hurstville Subdivision Code. 2. The proposed subdivision does not comply with the road width requirements in the Hurstville Subdivision Code. 3. The proposed development will result in an unacceptable loss of vegetation on the site, including vegetation in the required fuel reduction zone. 4. The proposed development is in breach of the spirit of the Council's Tree Preservation order and significant vegetation will be lost from this Lugarno heritage area. 5. The proposed development does not provide adequate drainage for the site. 6. The proposed development is in breach of the foreshore building line and related provisions under Clause 19 of the Hurstville Local Environmental Plan 1994. 7. The land form changes required by the proposed development are unacceptable. 8. The proposed development does not conform with the existing subdivision pattern and fails to satisfy clause 8(3) of the Hurstville LEP relative to zone objective (a) " a) The proposed development is not in the public interest." |
| 23/9/98 | At Council's meeting it was resolved that Council's solicitors represent Council and defend the appeal. |
| 30/9/98 | A notice of appeal to the Land and Environment Court against a deemed refusal of DA 19988147 was served upon Council. |
Existing and Surrounding Development
The subject site is situated on the southern side of Woodlands Avenue and consists of five (5) separate allotments, known as Nos. 37, 39, 41A, 43 and 45 Woodlands Avenue. The site is a rectangular parcel with a frontage to Woodlands Avenue of about 22.8 metres, an eastern boundary of approximately 219.05 metres, a southern frontage to the Georges River of 59.45 metres and a western boundary of 224 metres providing a total site area of 13,169.7 square metres (1.3 hectares). The site is relatively flat at the Woodlands Avenue frontage, then slopes moderately from the rear of Nos. 41A and 45 Woodlands Avenue to a relatively flat level area above the rock escarpment. Beyond the escarpment, the site slopes steeply to the river.
The site comprises five (5) separate allotments with single storey or two storey dwellings situated on each lot. A large section of the site above the escarpment has been cleared and landscaped. A large rock escarpment towards the rear of the property is a natural site feature. The area below this point is steep and vegetated with large trees and bushland and will not be altered by this development. Vehicle access to Nos. 37 and 39 Woodlands Avenue is currently via separate driveways and access to Nos. 41A and 43 Woodlands Avenue is via a common driveway. Vehicle access to No. 45 Woodlands Avenue is direct from Woodlands Avenue.
The surrounding area is a mixture of battleaxe and conventional shaped allotments. The area is predominantly residential in nature consisting of single and two storey detached dwellings.
Proposed Development
The proposal seeks approval for Torrens Title subdivision of the subject site. The proposed subdivision will create six (6) additional allotments at the rear of the site, all on the section of the site above the rock escarpment.
The portion of the site below the escarpment will be maintained as bushland and no development will take place on this area of the site. The six (6) new lots will have vehicle access via a proposed 3.0 metre - 7.0 metre wide right-of-way from Woodlands Avenue. The proposed right-of-way has been designed to utilise the existing bitumen driveway that currently provides access to Nos. 41A and 43 Woodlands Avenue and to preserve significant trees on the site. The accessway has been narrowed to accommodate tree retention and will provide three (3) passing bays at various locations along the accessway. Details of the proposed allotments are as follows :
Proposed Lot | Area | Width | Access |
| Lot 1 | 650 m2 | 11.89 m | Directly off Woodlands Avenue |
| Lot 2 | 680 m2 | 11.89 m | Proposed ROW |
| Lot 3 | 820 m2 | 3.0 m - 18.0 m | Proposed ROW |
| Lot 4 | 1275 m2 | 11.89 m | Proposed ROW |
| Lot 5 | 1250 m2 | 11.89 m | Proposed ROW |
| Lot 6 | 650 m2 | 3.0 m - 15.24 m | Proposed ROW |
| Lot 7 | 1195 m2 | 11.89 m | Proposed ROW |
| Lot 8 | 1350 m2 | 11.89 m | Proposed ROW |
| Lot 9 | 925 m2 | 11.89 m | Existing driveway from Woodlands Avenue |
| Lot 10 | 925 m2 | 11.89 m | Existing driveway from Woodlands Avenue |
| Lot 11 | 1360 m2 | 11.89 m | Proposed ROW |
Section 79C Evaluation
The site has been inspected and the proposal examined in accordance with the provisions of Section 79C of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.
Statutory Requirements
Hurstville Local Environmental Plan 1994
The subject site is zoned No. 2 - Residential under the Hurstville Local Environmental Plan 1994 the minimum allotment area for subdivision is 550 square metres for standard allotments and 650 square metres for battleaxe allotments. The proposed subdivision provides a site area for each allotment equivalent to 650 square metres or greater, excluding the area of access corridors. The proposal complies with the minimum site area requirements of Clause 11(3) for all allotments. However, the proposal does not comply with Clauses 11 and 19. Clause 11 requires a minimum allotment width of 15.0 metres for standard allotments and 18.0 metres for battleaxe allotments. The proposed lots do not satisfy Council's requirement and proposes a general allotment width of 11.89 metres.
Clause 19 requires an effective foreshore building line equivalent to 139 metres to 144.7 metres. The proposal will therefore result in some allotments being located within the foreshore building line and future buildings on these allotments could not comply with Council's requirement. It should be noted that the foreshore building line is measured back from Woodlands Avenue and is expressed as a line parallel to and 80 metres from Woodlands Avenue.
State Environmental Planning Policy No. 1 (SEPP No. 1) provides for an applicant to lodge with Council a written objection if he or she believes this requirement to be unreasonable and unnecessary in respect of their application. Council may then exercise discretion in considering the application. The applicant has submitted objections to Clauses 11 and 19 requesting Council to use its discretionary power based on the following grounds :
- Clause 11 - Minimum Allotment Width
The development standard is unnecessary and unreasonable in this particular case because :
* the proposed subdivision is consistent with the historical pattern of subdivision width in the area. The proposed subdivision is consistent with the width of the existing allotments and surrounding properties.
* The proposed allotments easily comply with the minimum site area requirement and are of sufficient size and dimension to accommodate suitable development in the future.
* The proposed subdivision is consistent with the aims and objectives for the residential zone. In particular the proposal will preserve and enhance the character and amenity of the surrounding area and will allow a variety of housing types within the residential area.
* The submitted footprint plan indicating the indicative location of future dwellings demonstrates that it is possible to develop the site.
* The proposed non-compliance with the minimum allotment width is not considered likely to have any significant adverse effect on adjoining or surrounding properties. Strict compliance with the standard would unnecessarily complicate orderly development of the land in accordance with the intentions of the zoning and the objectives of the Act.
Comment : The question Council must resolve is whether, on balance, Council should use its power under SEPP No. 1 to vary its minimum allotment width requirement under the Hurstville Local Environmental Plan 1994.
Variation to Council's requirement is considered reasonable in this particular case for the following reasons :
* The widths of surrounding properties are also narrow and a number of existing lots in the immediate area have similar widths. The proposed subdivision is basically following the historical subdivision pattern of the area.
* The proposed lots easily comply with the minimum site area requirement and are of sufficient size and dimension to accommodate a dwelling house and its associated facilities.
* The departure will not set any undesirable planning precedent in the locality due to the fact that each application should be considered on its merits. In this particular case it is considered that the proposed subdivision is compatible with the existing subdivision pattern of the area and the proposal will not adversely impact on the environment and amenity of the area.
* The proposal is consistent with the planning policy of the State Government relating to the development of more housing developments in areas which are well located in terms of urban services, employment centres, public transport facilities and where a greater diversity of residential accommodation can be provided.
Clause 19 - Foreshore Building
The applicant has advised as follows ;
- "In August, 1994, Council resolved to adopt a minimum foreshore building line affecting the subject site. The foreshore building line is an arbitrary distance measured 80 metres from Woodlands Avenue, rather than from the mean high water mark, as is usually the case. In the majority of cases, a foreshore building line measured from the mean high water mark coincides with changes in topographical features, such as changes in level, view corridors, changes in vegetation characteristics and position of existing dwellings. However, as previously indicated, the subject foreshore building line is measured from the roadway rather than the waterway, and has not taken into account the natural topography and existing vegetation of the site. It is considered that the rock escarpment at the rear of the property is a more appropriate foreshore building line than the arbitrary distance from the street. The proposal will result in allotments which are located beyond the foreshore building line and as such future buildings on these allotments would not comply with the foreshore building line. In the circumstances of the case, compliance with Council's foreshore building line control is considered to be unreasonable and unnecessary given that future buildings on the proposed allotments will be set back an equivalent distance from the waterway as other buildings on the subject and surrounding sites. Furthermore, the proposed subdivision has been designed to respect the natural features of the land and the established character of surrounding development. The proposed non-compliance with the foreshore building lien is not considered likely to have any significant adverse effect on adjoining or surrounding properties, nor on the views from the Georges River. Strict compliance with the standard would unnecessarily complicate orderly development of the land in accordance with the intentions of the zoning and the objectives of the Act."
Comment : Variation to Council's requirement is considered reasonable in this particular case. A number of existing dwellings on the subject site and surrounding sites are situated beyond the foreshore building line (the buildings at Nos. 43 and 47 Woodlands Avenue). Whilst the proposal will result in some lots which will be situated beyond the foreshore building line, it is envisaged that any future dwelling on these allotments will be set back an equivalent distance from the waterway as other dwellings in the immediate area. In addition, the variation to the foreshore building line is considered reasonable in this particular case as the proposed subdivision has been designed to protect and promote the natural features of the land and the established character of the area.
The foreshore building line should reflect the physical characteristics of the site so that future buildings will not dominate the escarpment when viewed from the waterway, will provide for a sufficient open space above the top edge of the escarpment and will prevent the destruction of significant natural rock outcrops. A suitable setback for open space is considered to be ten (10) metres.
A study of the site has shown that a line meeting the above principles would be a point back from the foreshore boundary a distance as follows :
Proposed Lot 4 - 70.0 metres
Proposed Lot 5 - 72.0 metres
Proposed Lot 7 - 67.0 metres
Proposed Lot 8 - 68.0 metres
Proposed Lot 11 - 72.0 metres
Hurstville Subdivision Code
Comment : The Hurstville subdivision code contains numeric provisions relating to minimum lot sizes, lot widths and accessway width. The minimum lot size and width provisions repeat the requirements of Clause 11 of the Hurstville Local Environmental Plan 1994 and have already been addressed in the report. In respect to the minimum accessway width requirement the code indicates that where three or more residential lots use a common accessway, the driveway should be 6.0 metres wide. Also a 12.0 metre diameter turning circle is to be provided in a location which will suit all allotments. The code also indicates that the maximum number of allotments that can have access off a proposed right-of-way is six (6). The proposed right-of-way varies from 3.0 metres to 7.0 metres in width and will service eight (8) allotments. The proposed right-of-way does not satisfy the code's requirements in regard to the width of access corridors to battleaxe allotments and the number of allotments proposed to be served by the right-of-way exceeds the maximum prescribed by the code. Variation to Council's requirement is considered reasonable in the circumstances. The proposed right-of-way has been narrowed to better utilise the existing driveway that currently provides access to Nos. 41A and 43 Woodlands Avenue and also to preserve significant trees on the site. It is considered that the proposed right-of-way which includes three (3) passing bays will adequately cater for the vehicle access needs of the proposed development.
Hurstville Interim Residential Development Code 1995
Comment : The proposed development is for the subdivision of land but the Hurstville Interim Residential Development Code 1995 is relevant at this stage.
On 9 August, 1995 the Council resolved to amend the Interim Residential Development Code as follows :
"Battleaxe Allotments
- Two storey single detached dwellings will continue to be permitted on battleaxe allotments. If a two storey single detached dwelling is erected on a battleaxe allotment the option of further developing the site with a second dwelling i.e., medium density housing, would no longer be available for the site concerned."
Within this proposed development it is most unlikely that single storey detached dwellings will be erected and thus it should be clear from the outset that dual occupancy will not be permitted on these proposed allotments. A condition to this effect will be included in the approval.
Draft Local Environmental Plan 1994 (Amendment No. 10) - Development in Foreshore Areas
As part of the assessment of the Development Application Council's draft Local Environmental Plan 1994 (Amendment No. 10) - Development in Foreshore Areas must be considered. This assessment is as follows :
Clause 19A requires that "before granting consent to the development of land within or adjoining land within Zone No. 7 the Council must be satisfied that :
(a) It has appropriately considered the appearance of the development from both the waterway and adjacent foreshore area".
Comment : The submitted footprint demonstrates that the erection of dwellings on the new lots will take place on the relatively flat cleared section of the site situated above the rock escarpment. The area below the rock escarpment is steep and heavily vegetated and will not be developed. The bushland below and on the escarpment will be retained and protected. It is considered that due to the existing landform, heavy vegetation and the imposition of appropriate conditions of approval, the visual impact of any future development on the site will be minimised.
(b) The development will not cause any pollution or siltation of the waterway.
Comment : The likely effect of uncontrolled stormwater runoff and sediment control has not been addressed in any detail. There are obvious controls necessary during site works and therefore Council has imposed appropriate conditions to ensure that the proposed development does not adversely impact on the waterway.
(c) The development will not have any adverse effects on surrounding uses, marine habitat, wetland areas or flor and fauna habitats.
Comment : As part of the development application a flora and fauna survey was undertaken by Wildsearch Flora and Fauna Surveys. The survey was undertaken within the context of the study are which includes the site and surrounding study habitat areas, particularly bushland along the Georges River. The survey concludes that the development of the site is unlikely to cause a significant impact upon either threatened or protected flora and fauna. Due to the nature of its location and small size of the development it is considered that the proposal will not adversely affect surrounding uses, marine habitat, wetland areas or flora and fauna habitats.
(d) The development will not cause significant runoff, result in inappropriate and excessive excavation or have an adverse effect on drainage patterns.
Comment : Best management practices in accordance with Council's requirements will be implemented to control runoff. The implementation of Council's requirements will ensure that the water quality of the Georges River system is not affected.
(e) The development will not cause congestion of, or generate conflicts between people using open space areas and/or the waterway.
Comment : Due to the small size of the development it is considered that the proposal will not cause congestion of, or generate conflicts between people using open space areas and/or the waterway.
(f) Continuous public access along the foreshore and/or access to any association or adjoining waterways is maintained where appropriate.
Comment : As already mentioned the area below the escarpment will not be developed and will be protected and retained. Access to these areas will not be hindered by the development.
(g) The development will not adversely effect the historic, scientific, cultural, social, archaeological, architectural, natural and aesthetic significance of any item, relating to the environmental heritage on or forming part of the land, or on or forming part of the surrounding land.
Comment : The applicant has submitted an Archaeological Report carried out by Australian Museum Business Services which is summarised as follows :
"An archaeological survey was conducted over the lower, less disturbed portion of land comprising 37-45 Woodlands Avenue, Lugarno.
Concerns over potential Aboriginal heritage items ("relics" under the National Parks and Wildlife Act 1974 s.5) have been raised. This report addresses those concerns.
All relatively undisturbed parts of the study area were inspected and no Aboriginal relics detected. A large rockshelter is present in the main scarp, but close inspection has found no evidence for Aboriginal midden or any other type of Aboriginal relic. The rockshelters are considered unsuitable for camping.
For several reasons listed in the report below there is a very low potential for subsurface archaeological evidence of Aboriginal activity. No further archaeological assessment is considered to be required."
There is no disagreement with the findings in this report and there were no Aboriginal relics registered with the NSW National parks and Wildlife Service at the lodgement date of this development application.
(h) The development will not adversely affect the natural topography, any natural rock formations or significant vegetation on the subject site and adjoining lands will be retained and will be protected during site works. In addition, any soil cut and fill will be minimised so as not to adversely affect the natural topography and existing significant vegetation.
Potential Impacts
The likely impacts of the development include environmental impacts on both the natural and built environments and social and economic impacts in the locality. Relevant impacts regarding the proposed development will be discussed below :
- Natural Environmental Impacts
Comment : The proposed development application is for a subdivision only, however, it is considered that any subsequent development on the proposed lots should maintain and enhance the scenic quality of the area and should not pollute the waterway or surrounding area. Appropriate controls by way of conditions of approval will ensure that any future development will have minimal impact on the natural vegetation and habitat as well as the scenic and landscape quality of the area.
In regards to the subject development it is considered that the proposed subdivision will not have a significant visual impact when viewed from the river and will have minimal impact on the natural landform, vegetation and habitat of the surrounding area.
Flora and Fauna Survey
Comment : A flora and fauna survey for the proposed development has been prepared by Wildsearch Flora and Fauna surveys. The findings from the survey have shown that development of the site is unlikely to cause a significant impact upon either threatened or protected flora and fauna. Implementation of the strategies outlined below will help ensure the continuation of native flora and fauna on the site and surrounding area.
The following measures could be used to retain trees above the escarpment and protect vegetation both on and below the sandstone escarpment.
* Locate building envelopes and access road to ensure maximum tree retention.
* Provide 3.0 metre buffer areas where possible around retained trees to prevent injury or death by root compaction.
* Replace trees that are removed with trees that naturally occur on the site. Such species can be determined by referring to Appendix A of the flora and fauna report.
* Undertake appropriate erosion and siltation measures to protect any retained vegetation from damage during construction phase.
* Provide a buffer area at the top of the escarpment to protect the vegetation on and below the escarpment. This buffer should not be developed, should not be planted with a garden that requires fertilisers and should have all weed species controlled.
* Any large trees with tree hollows be identified and retained where possible. Such trees are mostly below the sandstone escarpment.
It is considered that the above strategies must be implemented to protect the native flora and fauna in the area and therefore an appropriate condition will be required as part of any approval.
Built Environmental Impacts
Comment : The proposed development is for subdivision only and does not involve the erection of any dwellings at this stage. However as part of the development application the applicant was requested to provide performance principles for the design and construction of future dwellings on the proposed vacant lots.
The applicant has provided the following design principles :
Car Parking
* Resident carparking should preferably be under buildings or attempt to use light weight materials.
Comment : Concur with above principle. On-site carparking should not be visible from the river and carparking should be situated under buildings.
Amenity
* Building forms and spacing of housing should maximise good solar orientation for dwellings and minimise overshadowing.
* Sun control, in the form of verandahs, balconies, screens, shutters, awnings and the like should be provided to living areas.
* Dwellings should be planned to gain good natural cross ventilation.
* The narrower allotment widths ensures internal rooms can be minimised, reducing reliance on artificial light and mechanical ventilation.
* Roof terraces are encouraged.
Comment : Concur with above principles. Any future housing development should be oriented to achieve optimum solar access, without detriment to the solar access of surrounding properties. The internal layout of the building should play a significant part in the privacy to adjoining properties and in the overall energy efficiency of the dwelling. There must be a harmony between the building and the surrounding environment. When preparing the building design on the new lots the architect must take into consideration the above principles.
Scale, Materials, Bulk and Overshadowing
* Facades are to be articulated to reduce the effect of bulk and provide modulated scale and roofscape relating to the natural environment.
* Where possible encourage courtyard enclosures, stepping L-shapes, to avoid overshadowing and ensure the privacy and retention of existing trees.
* Future housing should seek to use colours to blend in with the foreshore setting.
* Pier and beam type construction should be used rather than continuous strip footings within the critical roof zone of retained trees.
Comment : Concur with above principles. The design of any building should complement the character of the area in terms of its height, roof, bulk, scale and building form. Any future housing development on the lots should satisfy Council's criteria for controlling external building materials, textures and their colours should be compatible with the natural environment and the character of the locality. The colours used should be natural colours such as browns and greens and should complement the surrounding area. It is considered that any housing development should not dominate the area but rather should 'fit in'.
Stormwater
* The reuse and retention of stormwater is encouraged.
* Soil cut and fill should be minimised generally on site to minimise impacts on soil erosion and corresponding impact on trees.
* Soil excavation should be limited within critical root zone area."
Comment : concur with above principles.
Environmental
* Design and construction should aim to maintain as many of the most significant site trees (S1 and S2).
* Standard tree protection labelling, fencing and mulching during construction should be implemented under the supervision of the appointed site arborist.
Comment : Concur with the above principles.
Suggested Recommendation : It is considered that as part of the recommendation Could be requested to adopt the above design principles. Applicants of any subsequent development must design their future dwellings in accordance with the any principles set out as conditions in this consent and Council's planning controls.
Social and Economic Impacts
Comment : It is considered that the proposed development will have a positive effect on the social and economic environment of the area based on the following :
* The increased use of additional housing in established areas contributes to more efficient land use and servicing and potentially to lower housing costs.
* The development would provide employment opportunities during the construction stage of future housing on the subject lots.
* It would add to the level of retail spending in nearby shopping centres.
Neighbourhood Amenity
Comment : The impact of the subdivision proposal on the existing amenity of the area has been assessed under the headings of noise and dust.
* Noise
Short term noise impact is likely to adjoining properties during the site works phase. The hours of construction work would be limited to normal working hours to avoid loss of amenity.
* Dust
In order to control wind-borne dust from the site during the site works phase, a 2.0 - 3.0 metre high hessian screen barrier shall be provided along any affected boundaries to protect adjoining properties.
Vehicle Access
Comment : Vehicle access to proposed Lot 1 (No. 45) will be directly from Woodlands Avenue. Vehicle access for proposed Lots 9 (No. 39) and Lot 10 (No. 37) will be via two existing driveways. The remainder of the lots will be provided with vehicular access via a proposed 3.0 - 7.0 metre wide combined entry and exit right-of-way over the existing driveway servicing proposed Lots 5 (No. 41A and 43). The proposed right-of-way has been narrowed to preserve significant trees on the site. The proposed right-of-way will start on the eastern side of the site, extending to the centre of the site approximately 120 metres from the front boundary. The right-of-way will provide three (3) passing and turning bays, to enable vehicles to enter and leave the site in a forward direction. The passing bays are proposed to be located in suitable, predominantly cleared areas to accommodate tree retention. The proposed access arrangements are considered satisfactory to cater for any future housing development.
Parking Impact
Comment : Any future housing development on the proposed lots will be required to comply with Council's carparking requirements under Council's Carparking Code. Each housing development must provide sufficient and convenience parking for residents so as to maintain the amenity of the adjoining properties and the efficiency of the road network. Council's code makes adequate provision for resident parking on-site and it is considered unlikely that any future housing proposal will significantly increase the amount of on-street parking in the immediate area.
Traffic Impact
Comment : The traffic generation of the proposal has been assessed in accordance with the Roads and Traffic Authority Guidelines for Traffic Generating Developments. According to the Guidelines a single dwelling house would generate nine (9) daily vehicle trips per day.
The above rate is based on surveys conducted in areas where new residential subdivisions are being built. Public transport accessibility in such areas is often limited. Traffic generation rates in inner metropolitan areas where public transport is more accessible could be lower. However, in inner metropolitan areas that are more affluent, high car ownership rates often counter-balance better public transport accessibility.
The proposed development would have a total traffic generation potential of 99 vehicle trips per day (11 lots x 9 trips per day).
Based on the above figures it is considered unlikely that the traffic generation from the development would adversely impact on the performance of intersections in the locality.
Public Transport
Comment : It is considered that adequate public transport facilities exist to cater for the proposed development. Buses radiate along Woodlands Avenue and trains are available from nearby Riverwood, Mortdale and Oatley.
Natural Hazards
Comment : The subject site is not known to experience any form of environmental constraint such as flooding, subsidence or slip. In addition, it is considered that the proposal will not create a hazard or risk to adjoining properties. The site is subject to a bushfire risk and therefore a Bushfire Report has been prepared by a Bushfire Control Consultant, Robert Henry Luke. The consultant advised as follows :
One can expect that the provision of additional gardens, paths, lawns, etc., will break up fuel continuity. The Lots 4, 5, 7, 8 and 11 which lie to the south deserve special mention. By providing a fuel free zone of 15-20 metres in width, measured out from the walls of buildings, a buffer can be provided between the developed part of the complex and the undeveloped section below the cliff line. In the steeper land near the river it may be desirable to carry out a hazard reduction programme at four or five year intervals. Landowners may be organised by local authorities. "In my opinion, completion of the building programme in conjunction with appropriate vegetation management arrangements will reduce fire hazards within the development by 75% and incidentally less than the threat fire may pose to adjacent properties."
In view of the above findings an appropriate condition will be imposed requiring that on Lots 4, 5, 7, 8 and 11 a fuel free zone of 15-20 metres in width be provided and measured out from the walls of buildings between the developed part of the complex and the undeveloped section below the cliff line.
Impact on Utility Services
Comment : All utility services are available to the site and appropriate arrangements would be made with the service authorities. All utility services will be underground. Due to the nature and scale of the development it is considered that the proposal will not adversely impact on existing utility services in the area.
It should be noted that Sydney Water has provided a letter dated 4 September, 1998, to the applicant which indicates that "Sydney Water will grant the developer a compliance certificate with respect to an approval provided that the developer satisfactorily fulfils all of the requirements of its formal notice."
Archaeological Item
Comment : See previous comment under heading of Draft Local Environmental Plan 1994 (Amendment No. 10) - Development in Foreshore Areas, Sub-clause (g).
Energy Conservation
Comment : When preparing any future building design on the proposed lots the architect will be required to prepare a project that would work towards providing a reduction in energy consumption for that development.
Divisional Referrals
Manager - Approvals
In assessing the merits of this application it is important that consideration be given to the likely development outcome on the individual allotments. Approval of the subdivision will prevent a significant change to the foreshore building line along the remainder of Woodlands Avenue.
The important considerations for future development of the site are :
- * visual appearance of the future buildings from the river
* preservation of escarpment face and top edge
* bush fire precautions such as a fuel free zone being provided and allowance being made for a fire hydrant for use by the Brigade
* adequate access being provided to each lot via the right-of-way driveway with easy access to garages and provisions for turning of vehicles including large delivery vehicles
* provision of stormwater drainage for each lot including the driveway with properly designed energy dissipater at the outflow
* sediment controls during the construction phase
* allowance being made within each allotment for visitor parking
* construction involving cut and fill (such as slab on ground) being restricted
* appropriate geotechnical assessment being made for development on Lots 3 and 4
* undergrounding of all services
* preservation of significant trees.
Manager - Development Advice
All the new lots have areas greater than Council's subdivision code requirement of 650 square metres. However the widths of the lots are generally 11.89 metres compared to Council's code width of 15.0 metres. It should be noted that the widths of most existing lots in this location are less than the 15.0 metres.
Council's code also requires a 15.0 metres wide public road to serve seven or more lots, and here there are eight lots to be served. However, the number of lots using this narrower roadway cannot be increased and I suggest a covenant be lodged on each lot preventing the owner from constructing a "dual occupancy", which would increase the number of vehicles using this road. Also the road shall be 6.0 metres wide at the Woodlands Avenue frontage.
I suggest there should be seven (7) visitor parking spaces provided adjacent to this new roadway and suitably located near the end of the roadway to
benefit the seven (7) new and existing dwellings. These spaces should be signposted "Visitor Parking Spaces".
I also suggest this road be given a street name and the lots numbered accordingly. The roadway pavement can be either concrete or bitumen and to be fully drained.
Drainage lines will have to be laid to drain the whole development so that each new dwelling can be connected to this drainage system.
The existing dwellings whose lots are involved with this subdivision will also have to have their stormwater connected to this drainage system (i.e., Nos. 45, 43, 41A, 39 and 37 Woodlands Avenue) together with the necessary easements.
Comment : The matters raised above have been included as conditions of approval.
Tree Preservation Officer
My main concerns regarding this development are :
a) That tree No. 15, a Eucalyptus pilularis in good condition be retained. This tree is planned for removal on the plan.
b) That the grove of trees, including Nos. 38, 44 and 45 are to be retained (a Eucalypt stand). These trees are in an important section of this site as they provide screening between dwellings. (Root protection to be discussed on site.)
c) I am very concerned about the protection of tree No. 54 a large Angophora costata with two new dwellings planned for this location. Root protection would have to be of high importance during construction. This would need to be determined by an on-site meeting before any works commence.
d) The tree towards the bottom of the site, No. 31 could be removed (Brushbox) if the approval is granted.
Comment : The site has been inspected with the Ward Councillors and it is recommended that tree No. 15 be removed as the siting of the foreshore building line and future dwelling has been given precedence.
Divisional Manager, Policy, Planning and Environment
1.0 Draft Environmental Audit
Council is currently completing a draft Environmental Audit of the foreshore areas in Hurstville. this provides Council with a database on which to evaluate applications and a tool to guide Council in establishing development controls.
- 1.1 A Data Sheet extract is available which relates to the above site. The area is noted as "second most sensitive part of foreshore".
1.2 Objective arising from Environmental Audit
* To retain and enhance the characteristics of the various foreshore precincts in Hurstville. These include natural bushland, man-made reserves, cliffs, escarpments, sandstone outcrops, mangroves etc., interwoven with small groups of buildings and scattered detached buildings.
1.3 Possible Recommendations for a DCP
Critical to maintaining and enhancing the foreshore's qualities, is the minimisation of the impact of the buildings on the natural landscape. Ways in which this could be achieved are by :
* relating the floor space ratio to the 'buildable' area of the site
* eliminating concrete slab on ground construction;
* using lightweight construction, particularly timber on "pole" footings (steel, timber etc);
* preparing building envelopes for each site and/or groups of sites. These would establish height and plan of each building and could therefore be related to the particular slope and vegetation on the site;
* reinstating the foreshore building line on a site (or group of sites) basis to ensure that all environmental features are incorporated;
* eliminating inclinators;
* minimising the impact of driveways on the natural landform and vegetation by the selection of the alignment and the width;
* respecting subdivision patterns;
* Council is preparing a schedule of appropriate materials.
* applicants would be required to prepare a montage of the view from the river or opposite landform of the development and/or a site model.
* The alignment of accessway relates to the contours and natural features of the site and the width is kept to a minimum. An "informal" detail design solution could further ensure that it relates well to the natural landscape.
* The subdivision pattern respects the existing subdivision pattern by continuing the long slim lots.
* The building envelopes are :
- * located to minimise the impact of buildings on the vegetation and land form;
* such that the construction of very large dwellings (approximately 350-400 square metres) is possible.
- * the location of a building at the southern end of Lot 4, between two existing buildings. This site is compromised by a retaining wall, several changes in levels and a water course.
* the impact of potentially six large totally unrelated dwellings.
- * Given the nature of the site a comprehensive designed outcome for buildings and sites, which looks at ecologically sustainability would be a preferable outcome.
- 3.0 Conclusion
* That Council receive further information as to the stability and buildability of Lot 4.
* That the applicants prepare a block model with building envelopes.
* That design guidelines are prepared by Council for the sites on the basis of refining the building envelopes and limiting construction to predominantly lightweight materials.
- Comment : The applicant has submitted further information on Lot 4 by way of an architect's sketch and a geotechnic report and it is agreed that a suitable building can be located on Lot 4 subject of removal of the existing retaining wall. Also building footprints have been viewed negating the need for a block model.
Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Fourteen (14) submissions were registered and their concerns are outlined below :
i) Overdevelopment of the site
Comment : The previous development application (DA S24/98) proposed seven (7) additional allotments, a total of twelve (12) on the site which was considered excessive by Council. The applicant has acknowledged Council's concern and has reduced the current application to eleven (11), one less, allotments. The proposed subdivision provides a site area for each allotment equivalent to 650 square metres or greater, excluding the area of access corridors. the proposed subdivision easily complies with the minimum site area requirements of the Hurstville Local Environmental Plan for all the proposed allotments.
ii) Traffic impact
Comment : This issue has already been discussed in the report and it is considered unlikely that the development would adversely impact on the performance of intersections in the locality.
iii) Environment impact
Comment : The proposed development application is for a subdivision only, however, it is considered that any subsequent development on the proposed lots should not adversely impact on the environment. Appropriate controls by way of conditions of approval will ensure that any future development will have minimal impact on the natural vegetation and habitat as well as the scenic and landscape quality of the area.
iv) Increased level of noise
Comment It is acknowledged that with the erection of additional dwellings on the new lots noise levels may increase in the area from the activities of those families. However, the site is located in an urban area and there are adequate noise control laws in place to overcome excessive noise from neighbours.
Short term noise impact is likely to adjoining properties during the construction phase and the hours can be limited to normal working to avoid loss of amenity.
v) Loss of trees
Comment : The issue of trees has been assessed and appropriate conditions will be imposed which will indicate that no significant trees be removed without Council's approval. Also that significant trees be protected during any site works.
vi) Loss of wildlife
Comment : A flora and fauna survey for the development has been submitted to Council. The findings from the survey have shown that the development of the site is unlikely to cause a significant impact upon either threatened or protected flora and fauna in the area.
vii) Proposal does not comply with Council's foreshore building line requirement.
Comment : This issue has already been discussed in the report and it is considered that variation to Council's requirement is reasonable in this particular case.
viii) Increase in the pollution to the Georges River and further siltation.
Comment : There are obvious controls necessary during site works and therefore Council has imposed appropriate conditions to ensure that the proposed development does not adversely impact on the waterway.
ix) Decreasing the natural beauty of the area.
Comment : Any development of this private property will interfere with the natural landscape but conditions will be imposed setting out principles for future buildings on the site.
Conclusion
The above report sets out an extensive comment on all issues which have been raised in this matter. It is considered that the application warrants an approval but with detailed conditions covering the roadway, drainage, future buildings, trees, utility services and environmental protections . Accordingly a recommendation is made that Council consent to the subdivision application.
| 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
- A. THAT Council assume the concurrence of the Director of Urban Affairs and Planning pursuant to State Environmental Planning Policy No. 1 and approve Development Application No. 19988147 under Section 80 Environmental Planning and Assessment Act, 1979 for Torrens Title subdivision of land to create eleven (11) allotments (six (6) additional lots) at Nos. 37, 39, 41A and 45 Woodlands Avenue, Lugarno, in accordance with plan No. 17550 PF/A sheet lot 2 drawn by Harrison Friedmann and Associates Pty. Ltd., dated 28 August, 1998, and documentation accompanying the application except where varied by the following conditions :
1. In order to certify that detailed construction plans and specifications are in accordance with the requirements of the Development consent and Council standards, you are required to obtain a Construction Certificate prior to the commencement of any works.
To obtain a Construction Certificate, you must complete an application form for a Construction Certificate, pay the appropriate fee and submit the form together with engineering design plans for approval. (It should be noted that a Construction Certificate may be obtained from either Council or an Accredited Certifier) Engineering design plans and specifications are to be prepared by a suitably qualified person or company for any proposed works. The plans and specifications are to be in accordance with Development Consent conditions, appropriate Australian standards and applicable Council standards.
- 1.1 Copies of compliance certificates relied upon.
1.2 Four (4) copies of the detailed engineering plans. The detailed plans may include, but are not limited to, the earthworks, roadworks, road pavements, road furnishings, stormwater drainage, landscaping and erosion control works.
3. Stormwater drainage plans prepared by a practising qualified drainage consultant shall be submitted to Council for approval in conjunction with the construction certificate. These plans shall include details of overland flow paths for surface waters, discharge at the escarpment and suitable catch drains to protect Lots 2, 3 and 4.
4. The fill on proposed Lot 5 shall be retained by the construction of a retaining wall within Lot 5, and all fill and retaining walls shall be removed from the proposed Lot 4. Details of the above work shall be submitted with the application for a Construction Certificate.
5. The developer shall provide suitably designed waste storage, recycling and letterbox area on proposed Lot 1. The exact location, size and method of construction must be indicated on a plan submitted and to be approved by Council prior to the issue of the Construction Certificate.
6. Applicant to pay Council to construct a 150mm thick concrete crossing reinforced with F72 mesh. This crossing to be 6.0 metres wide and is located in Woodlands Avenue to serve the proposed roadway. Quote given on request.
OR
Construction of such vehicular crossing by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.
7. A visitor parking space shall be provided for each allotment over and above future parking requirements. These spaces are to be tagged on the survey plan as "Visitor Parking" and to be signposted on site.
8. A fire hydrant shall be provided at the end of the right-of-way. Details to be provided for Council's approval in conjunction with a Construction Certificate.
9. The right-of-way (driveway) shall be 6.0 metres wide at the top of Woodlands Avenue for a minimum length of 5.0 metres from the front property boundary of proposed Lot 1.
10. Sydney Water - Access to water and waste water services - A Compliance Certificate under Section 73 of the Water Board (Corporatisation ) Act, 1994 shall be submitted to the Council prior to the issue of a Construction Certificate. Sydney Water may require the construction of works and/or the payment of developer charges and other Sydney Water approvals may be necessary prior to commencement of construction work. Accordingly, the necessary application to Sydney Water should be made as early as possible to avoid problems in servicing the development. A connection to Sydney Water's water supply system will not be permitted until a Section 73 Certificate has been issued and Construction Certificate plans, endorsed by Sydney Water or its agents, have been provided.
11. In order to protect the bush, river and adjoining properties the following works are to be carried out for the duration of the site works.
- 11.1 A sediment trap is to be provided to prevent sediment from the site entering the bush, river and adjoining properties via the stormwater drainage system.
11.2 A hay bale barrier or geotextile fabric barrier fence is to be installed across the low side boundaries of the site to prevent sediment from the site entering the bush, river and adjoining properties via overland flow.
12. All civil works involving the use of power operated plant or machinery that creates noise on or adjacent to the site SHALL NOT BE PERFORMED, or permitted to be performed, except between the hours of 7:00 am and 5:00 pm, Monday to Saturday inclusive, other than Good Friday, Christmas Day and any public holiday.
13. At lease two days written notice must be given of the commencement of engineering works. Such notice must be accompanied by evidence of the contractor's Public Liability and Workers Compensation Insurances.
14. Suitable provision is to be made for the supply of all relevant services and all services are to be underground.
15. Adequate measures shall be provided and maintained to the satisfaction of Council to control the emission of dust and other impurities into the surrounding environment.
16. In order to protect downstream water quality and maintaining public roads in a clean condition, sediment control measures are to be implemented and maintained at entry/exit points to ensure the removal of soils and other associated soil pollutants, i.e., concrete slurry from vehicles leaving the site.
17. Stockpiles of soil, sand or other material shall be stored clear of any drainage line, easement, footpath, kerb or road surface and shall have sediment control measures in place to prevent the movement of such materials into Council's drainage system or towards the river.
18. The following recommendations as prepared in the submitted tree assessment by The Tree Wise Men Australia Pty. Ltd., dated September, 1998 shall be adopted except where varied by Council.
- 18.1 Design and construction should aim to retain as many of the most significant site trees (S1 and S2). S3 trees can be retained if located within open spaces clear of heavily used thoroughfares and living areas or within groups of trees.
18.2 soil excavation should be limited within critical root zone areas. The rocky nature of this site will necessitate specific comment from the site arborist in this regard given the irregular patterns of root spread.
18.3 Pier and beam type construction should be used rather than continuous strip footings within the critical root zone area of retained trees. Continuous strip footings should be minimised or replaced with pier and beam type construction upslope of groups of retained vegetation e.g., passing bay construction above Lot 3. Soil cut and fill activity should be minimise impacts on soil water movement and corresponding impact on existing trees.
18.4 An arborist should be engaged to monitor construction activities (predominantly during initial earthworks and tree removal) to minimise the impact of these works on retained trees.
18.5 Standard tree protection labelling, fencing and mulching during construction should be implemented under the supervision of the appointed site arborist.
20. All other trees to be retained shall be provided with a 3.0 metre buffer area so as to prevent injury or death to the root system.
21. All declared noxious plants, together with other noxious and invasive plants are to be removed and continually suppressed.
22. Lodgement and approval of a Subdivision Certificate is required to authorise the plan of subdivision.
To obtain a Subdivision Certificate, the applicant must submit a Subdivision Certificate Application form, pay the appropriate fee and provide the following :
- 22.1 A Final Survey Plan together with eight (8) exact copies prepared by a Registered Surveyor.
22.2 An original Section 88B document together with one additional copy, in accordance with Conveyancing Act, 1919.
22.3 Documentary evidence, where appropriate or necessary, indicating that all conditions of Development Consent have been complied with. Where the subdivision involves construction works, the works must be completed in accordance with the Development Consent and Construction Certificate, and the Compliance Certificate submitted.
24. A covenant on the title shall be created over proposed Lots 1 to 11 prohibiting the use of the land for the purposes of dual occupancy.
25. A 1.0 metre wide stormwater easements to be created to benefit Nos. 37A and 41 Woodlands Avenue, so that these lots may pipe their stormwater to the drainage system of the whole development.
26. All necessary easements shall be created for stormwater drainage, right-of-way, services, letter boxes and garbage storage prior to the issue of a Subdivision Certificate.
27. The cost of repairing any damage caused to Council's assets in the vicinity of the subject site as a result of construction works associated with the approved development is to be met in full by the applicant/developer prior to the issue of a Subdivision Certificate.
28. As work-as-executed plan under the hand of a Chartered Professional Engineer or a Registered Surveyor must be lodged with Hurstville Council when the engineering works are complete.
29. A restriction-as-to-user for bush fire purposes shall be placed over Lots 4, 5, 7, 8 and 11 requiring a buffer zone of 15-20 metres in width, measured towards the river from the wall of any structure other than water storage tanks. Within this buffer area all fuel, other than trees, shall be removed and thereafter be maintained in a fuel reduced state to the satisfaction of Council.
30. The following documentary evidence is to be obtained and forwarded to Council prior to the release of the Subdivision Certificate :
- 30.1 Submission of a Surveyor's Certificate stating that all existing structures within the subject land comply with the Local Government Act 1993 in regard to clearances from proposed new boundaries.
30.2 The submission of a Surveyor's Certificate stating that no services, drainage lines or accessways encroach over the proposed boundary other than as provided for by easements created by the final plan of subdivision.
30.3 A final clearance has been obtained from both Energy Australia and Telstra for satisfactory provision of services to the proposed lots.
30.4 All fees payable to Council as part of any Construction Compliance or Subdivision Certificate or inspection associated with the development (including the registration of privately issued certificates) are to be paid in full.
31. PAYMENT OF SECTION 94 CONTRIBUTIONS - These conditions have been imposed on the basis that the proposed development will create additional demand on facilities, infrastructure and services within the City and that the development should contribute towards the cost of these facilities and to ensure that funds can meet the cost of these facilities, that contributions be updated quarterly in accordance with the CPI rate.
Open Space and Community Recreation - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, the developer must pay to the Council a monetary contribution for open space and community recreation facilities.
The contribution is based on the criteria that any development which results in a nett increase in the City's population 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 total open space and community recreation facilities contribution required for this development is $49,446.
Community Services and Facilities - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, the developer must pay to the Council a monetary contribution for community services and facilities.
The contribution is based on the criteria that any development which results in a nett gain of people living in the City or a change in the population structure will create extra demand on community services and facilities.
The total community services and facilities contribution required for this development is $4,369.50.
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 $1,467.00.
The total contribution required for this development is $55,282.50. This amount is to be paid prior to the release of the Subdivision Certificate.
Protection of Flora and Fauna
32. The following measures as indicated in the submitted Flora and Fauna Survey prepared by Wildsearch dated October, 1997 to retain trees above the escarpment and protect vegetation both on and below the sandstone escarpment are to be adopted.
- 32.1 Locate building envelopes and access road to ensure maximum tree retention.
32.2 Provide 3.0 metre buffer areas where possible around retained trees to prevent injury or death by root compaction.
32.3 Replace trees that are removed with trees that naturally occur on the site, (such species can be determined by referring to Appendix A of the submitted survey).
32.4 Undertake appropriate erosion and siltation measures to protect any retained vegetation from damage during construction phase.
32.5 Provide a buffer area at the top of the escarpment to protect the vegetation on and below the escarpment. This buffer should not be developed, should not be planted with a garden that requires fertilisers and should have all week species controlled.
33. Future housing construction must conform with the following design principles and Council's planning controls.
- Car Parking
* Resident carparking should preferably be under buildings or attempt to use light weight materials.
Amenity
* Building forms and spacing of housing should maximise good solar orientation for dwellings and minimise overshadowing and minimise overviewing.
* Sun control, in the form of verandahs, balconies, screens, shutters, awnings and the like should be provided to living areas.
* Dwellings should be planned to gain good natural cross ventilation.
Scale, Material and Bulk
* Building designs for each lot shall be compatible and respect the bushland nature of the area.
* Where possible, encourage courtyard enclosures, stepping L-shapes, to avoid overshadowing and ensure the privacy and retention of existing trees.
* Future housing should seek to use colours to blend in with the foreshore setting, i.e., browns and greens.
* Pier and beam type construction should be used rather than continuous strip.
* Buildings on proposed Lots 3 and 4 shall use lightweight constructions using column supports, e.g. "pole house construction".
Environmental
* The reuse and retention of stormwater is encouraged.
* Soil cut and fill should be minimised generally on site to minimise impacts on soil erosion and corresponding impact on trees.
* Soil excavation should be limited within critical root zone areas.
* Design and construction should aim to maintain as many of the most significant site trees (S1 and S2).
* Standard tree protection labelling, fencing and mulching during construction should be implemented under the supervision of the appointed site arborist.
34. Notwithstanding the foreshore building line fixed in Council's LEP, the future buildings within this development be permitted to observe a building alignment from the foreshore boundary as follows:
a) proposed Lot 4 - 70 metres
b) proposed Lot 5 - 72 metres
c) proposed Lot 7 - 67 metres
d) proposed Lot 8 - 68 metres
e) proposed Lot 11 - 72 metres
The foreshore building lines for the above allotments shall be indicated on the plan of subdivision and no part of any structure (including balconies and the like) shall encroach upon this building line.
35. No construction is permitted that will disturb, displace or destroy the cliff edges, overhanging ledges or significant rock outcrops. Construction includes erecting retaining walls, excavation, fill, swimming pools, service trenches (except stormwater lines), landscape works or any other building works.
36. The roadway shall be given a street name and the lots be house numbered to that roadway accordingly.
37. A positive covenant shall be prepared by the applicant's solicitor at no cost to Council to annex to the Certificate of Title for each lot to ensure that development of the subject allotments complies with the terms and conditions of Development Consent 1998/8147.
| 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)
- Notice of the above Appeal was served upon Council on 2 October, 1998. The Appeal has been set down for a further callover before the Land and Environment Court on 28 October, 1998.
Council's Solicitors, Deacons Graham and James, have been advised of the receipt of the Appeal and, in concurrence with usual practice, have been instructed to represent Council and defend refusal of the consent.
The subject proposal involves the re-subdivision of five (5) large allotments into eleven (11) residential lots and there is a report on this application on this business paper. It is noted that, as well as this appeal, the appellants have lodged an appeal for the subdivision of a similar configuration, but to create twelve (12) lots, which was previously refused by Council under delegated authority.
| 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
- THAT the action taken to instruct Council's solicitors to represent Council
in the Land and Environment Court and oppose the Appeal be confirmed.
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-
06:02 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)
- Reason for Report
To seek Council's support for the position of the LGSA in relation to the State Government's response to financial support for the recycling industry following the involvement of the Packaging Supply Chain.
Background
Council has previously been provided, at its meeting of 22 April 1998, with information as reproduced below:
- In recent publications and media statements both, the Local Government Recycling Co-operative (LGRC), and the Local Government Association (LGA), have reported that 'export prices for waste paper have slumped from $60 per tonne to $7.00 per tonne since last December, leading to a collapse in the market for Australian paper waste. Based on estimates from the LGRC, Councils are faced with a $130M shortfall between sale price and collection costs by the Year 2000.'
The LGRC and LGA have advised Sydney Councils that negotiations with the NSW Government are continuing with respect to support funding for the recycling industry, however the waste and recycling industry members have indicated in their discussions with key stakeholders that 'they are not prepared to throw buckets of money into a blackhole' and further, 'We don't want to be left holding the bags for others'. In accordance with this view the Industry has only offered $5M to assist in meeting the current shortfall.
It is extremely disappointing and disturbing to witness the scant disregard the waste and recycling purchasing industry have for the efforts of local communities and the need for environmental protection. The industry's failure to offer suitable support funding, and the implicit expectation that local communities should throw money 'into a blackhole' shows the level of contempt that is creating the problems in the recycling arena.
Council resolved, following consideration of that report, inter alia:
That Council note with concern the recent developments in the recycling industry and express its concern formally by writing to the LGA supporting their negotiations for Government action against industry or additionally funding for recycling operations.
Comments
Following the LGA approach to the NSW Government, the Minister for the Environment, The Hon. Pam Allan MP, has made available certain monies to the industry but has attached quite onerous conditions to the application of those funds and has, according to the industry and the LGA, not adequately addressed the significant funding gap in the recycling market.
Accordingly, both the Local Government Association and the Shires' Association Presidents have written to the Minister expressing concerns about:
* the "once only, not negotiable" nature of the funding offer;
* the conditional funding by State Governments of $17.45 million and the cessation of the offer after 3 years;
* the national "gap" of $75 - $100 million not being adequately addressed;
* the funding condition to preclude subsidising or supporting Council Collection Systems which are uneconomic, given that the "gap" renders kerbside recycling by definition 'uneconomic';
* the lack of industries' long term responsibility; and
* the ongoing levying of ratepayers to "perpetuate an unsustainable situation".
A copy of the LGSA's letter to the Minister is reproduced below:
- "We wish to express to you in the strongest terms possible our concerns with the proposal before the Australian And New Zealand Environment and Conservation Council (ANZECC) relating to The Kerbside Covenant and the Transitional Arrangements proposed by industry associations.
As you will be aware, this offer of $17.45 million over three years is conditional on matching funding from the State Governments, and is subject to a set of agreed criteria, including the agreement that such funds will not be used to subsidise prices or collection costs. In fact industry has made it clear that they consider the offer to be a "once only, not negotiable" means of addressing the problems being faced in kerbside recycling.
We were most heartened by your words at the recent launch of the Regional Waste Plans, and your pledge to ensure that industry would be made accountable for the economic viability of the management of the wastes and recyclable products they produce. We fully endorse this position.
In light of this, it is clear that industry's offer is not acceptable. It does not come anywhere near to addressing the "gap" in recycling returns which is currently being borne by councils. In fact it specifically precludes the use of these funds for subsidising or supporting council collection systems which are "uneconomic". As you will be aware this gap has been estimated at some $75-$100 million a year nationally. Consequently all kerbside recycling is by definition "uneconomic" and will undoubtedly continue to be so under the marked based system which is proposed by industry. Industry's offer, if accepted, thus entrenches their lack of accountability for the viability of recycling.
There is an expectation by industry that increases in rates and waste charges are a simple "user pays" solution to the gap. Local Government rejects this absolutely. Clear messages to consumers which aim to influence consumer behaviour towards waste minimisation can be much more effectively delivered at point of sale. A national, legislated approach to point of sale surcharges overcomes all the problems cited by industry related to loss of competitive advantage and interstate and overseas competition.
Industry's preferred mechanism (raising funds through rate notices) is a very blunt instrument which does not influence consumer behaviour by rewarding waste minimisation. Neither does it encourage industry to come up with new technological solutions in the production process and cost effective collection systems and markets for post consumer products. Levying ratepayers simply props up and attempts to perpetuate an unsustainable situation.
We believe that if the State Government members of ANZECC agree to this proposal, they are effectively putting in place a mechanism which absolves industry of the long term responsibility for their materials.
These views have also been communicated at a national level through the representation of the Australian Local Government Association (ALGA) on the High Level Working Group. We feel however that the NSW State Government has a real opportunity to show leadership to the other states by rejecting industry's short term "band aid" response. The NSW Government's vote will in fact be the decisive vote, as NSW is considered to have the most stringent waste legislation in NSW.
The fact is that despite the injection $17.45 million from industry, communities will continue to bear the load for uneconomic kerbside recycling programs. We would like to make it clear that Local Government does not consider this to be a sustainable situation. We cannot and will not continue to prop industry up in this way.
We would strongly urge that the NSW Government opposes industry's offer and continues to pursue genuine industry accountability for recycling and waste management. We ask that you contact us as a matter of urgency to discuss this crucial decision."
| 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
- THAT Council reaffirm its support for the LGSA's position in seeking
additional funding support from the NSW Government for kerbside recycling,
and that this support be formally conveyed to the LGSA.
| 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. | PROPERTY | APPLICANT | DESCRIPTION | RESULT DATE |
| Hurstville | 269/97A | 36 Kimberley Road, Hurstville | Mr S Dimanoski | Two storey dwelling (amended plan) | 16/9/98 |
| " | 278/98A | 43 Vine Street, Hurstville | Mr A Aronis | Two storey dwelling and garage | 2/9/98 |
| " | 356/98 | 3 Cross Street, Hurstville | State Superannuation Board | Alteration of existing ships 462 and 468 - subdivision | 9/9/98 |
| " | 394/98 | 89 Bassett Street, Hurstville | Mr N Tolevski and Mrs V Tolevski | Two storey dwelling | 1/9/98 |
| " | 394/97A | 576 King Georges Road, Penshurst | Bellmarch Developments Pty Ltd | Two storey dwelling - increasing height of dwelling by 750mm (amended) | 3/9/98 |
| " | 413/98 | 95 Forest Road, Hurstville | Containers Ltd | Pre-fabricated panel enclosure for purpose of machinery | 9/9/98 |
| " | 416/98 | 60 Smiths Avenue, Hurstville | Mr I M Lovie | Ground and first floor addition to dwelling | 3/9/98 |
| " | 420/98 | 624 King Georges Road, Penshurst | Mr B Zhou and Mrs S Q Jin | Detached single storey dual occupancy - three bedroom single garage | 17/9/98 |
| " | 441/98 | 51 Morgan Street, Kingsgrove | Mr R and Mrs A Gouveia | Detached dual occupancy | 23/9/98 |
| " | 443/98 | 273 Forest Road, Hurstville | Tran Van Phu | Shop fitout - bread shop | 4/9/98 |
| | | | | |
| Penshurst | 376/98 | 14A Stephen Street, Penshurst | Sumerlin Homes | New detached dual occupancy | 1/9/98 |
| " | 421/98 | 29-31 Treloar Avenue, Mortdale | W & K Singleton | 2x3 attached townhouses, 2x3 detached, 2x3 attached villas and 17 parking spaces | 4/9/98 |
| " | 423/98 | 14-16 Hampden Street, Beverly Hills | Bava Constructions Pty Ltd | Three storey 8x3 and 2x2 units and 16 basement parking spaces | 1/9/98 |
| " | 444/98 | 21 Queensbury Road, Penshurst | L Romanovski | Detached dual occupancy - first floor addition and new dwelling | 23/9/98 |
| " | 840/97 | 165 Penshurst Street, Beverly Hills | Bishop Hitchcock Pty Ltd | Addition to rear of existing factory unit (amended) | 8/9/98 |
| | | | | |
| Peakhurst | 41/97A | 116-118 Moons Avenue, Lugarno | T Sako, J M Sako | Two level double garage and inclinator - amended plans | 9/9/98 |
| " | 111/98A | 78 Lugarno Parade, Lugarno | A B & N E Stephens | Additions and alterations to dwelling (amended plans) | 3/9/98 |
| " | 130/98A | 3 Marine Drive, Oatley | Mr A Vasilaras and Mrs O Lagos | Rear concrete patio (amended) | 8/9/98 |
| " | 292/98 | 46 Boorara Ave, Oatley | Mr A D & Mrs M Sontag | Additions to two storey dwelling | 7/9/98 |
| " | 310/98 | 8 Bowman Street, Mortdale | Mr N & Mrs G Ditsas | Inground swimming pool | 9/9/98 |
| " | 333/98 | 11 David Place, Peakhurst | Mr P C Booth | Inground swimming pool and front fence | 30/9/98 |
| " | 354/98 | 60-62 Roberts Ave, Mortdale | Ultra Design Engineering | Two storey 4x3 and 2x2 bedrooms townhouses & villas (including 10 parking spaces) | 8/9/98 |
| " | 362/98 | 52 Amy Road, Riverwood | Cameron R Jones Innovative Building Design | Additions and alterations to dwelling | 2/9/98 |
| " | 366/98 | 15 Coleridge Street, Riverwood | Jack Hanna Constructions Pty Ltd | 5x2 bedroom home units with basement parking | 23/9/98 |
| " | 388/98 | 13 Chivers Avenue, Lugarno | Mr C Grasevski and Mrs L Grasevski | Two storey dwelling and swimming pool | 1/9/98 |
| " | 395/98 | 64A Llewellyn Street, Oatley | Cameron R Jones Innovative Building Design | Addition and alteration to existing dwelling | 30/9/98 |
| " | 405/98 | 29A Woodlands Ave, Lugarno | Mr K J Lane | Inground swimming pool | 30/9/98 |
| " | 410/98 | 26 Blackbutt Ave, Lugarno | Mr S Terkalas and Mrs C J Terkalas | Double garage | 10/9/98 |
| " | 426/98 | 11 Johnstone Street, Peakhurst | Mr O T Snelling | Attached dual occupancy with attached double garages - three bedroom | 9/9/98 |
| " | 428/98 | 25 Mimosa Street, Oatley | Mrs G Skaf | 1x5 and 1x4 bedroom detached dual occupancy dwellings (4 car parking spaces) | 28/9/98 |
| " | 435/98 | 58 Shenstone Road, Riverwood | Mr E Wahhab | 2x3 bedroom detached dual occupancy dwellings | 23/9/98 |
| " | 749/95A | 353 Belmore Road, Riverwood | B & S R Reddy | Shop alterations (amended) | 2/9/98 |
| " | 750/97A | 12 Woodcliff Pde, Lugarno | Mr D M & Mrs E M Stodart | Addition to dwelling and garage (amended) | 3/9/98 |
2. BUILDING APPLICATIONS REJECTED UNDER DELEGATED
AUTHORITY
| WARD | BA NO. | PROPERTY | APPLICANT | DESCRIPTION | RESULT DATE |
| Nil | | | | | |
3. BUILDING APPLICATIONS CANCELLED
| WARD | BA NO. | PROPERTY | APPLICANT | DESCRIPTION | RESULT DATE |
| Hurstville | 491/96 | 34 MacMahon Street, Hurstville | V Bonificio | | 16/9/98 |
| 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
To provide Council with a copy of the minutes of the Southern Sydney Waste Planning and Management Board meetings of 10th and 23rd September, 1998.
Background
The Southern Sydney Waste Planning and Management Board (SSWB) was established as a separate statutory authority pursuant to the NSW Government's Waste Minimisation and Management Act, 1995. The Act sets a waste reduction target of 60% by volume (baseline 1990) of waste to landfill by the Year 2000. The SSWB is charged with the responsibility of developing a Regional Waste Strategy.
The SSWB minutes, received by Council on 15th and 29th September, 1998, have been provided to Councillors in hard copy.
| 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
- THAT the information be noted.
* * * * *
Yours faithfully
D Beaumont
Divisional Manager - Development & Health