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 25TH NOVEMBER, 1998-
05:01 Ward Councillors' Reports
05:02 Development Applications - Hurstville Ward
05:02.01 2 Cahill Street And 198-198A Stoney Creek Road, Beverly Hills (D.A. 180/98)
Housing Development Under State Environmental Planning Policy No. 5 - Housing For Older Persons
And Persons With Disabilities
05:02.02 43-45 Kingsway, Kingsgrove (D.A. 19988259)
Additions And Alterations To Industrial Building
05:03 Development Applications - Penshurst Ward
05:03.01 148B Penshurst Street, Penshurst - Proposed Two Storey Dwelling
05:04 Development Applications - Peakhurst Ward
05:04.01 6-8 Cairns Street, Riverwood (D.A. 19988162)
Residential Flat Building
05:04.02 19-23 Rona Street, Riverwood (D.A.
Housing For Older People Or People With A Disability
05:05 Miscellaneous And Other Matters
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: . DEVELOPMENT & HEALTH |
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION ONE
REPORT NO 01TO THE DEVELOPMENT, HEALTH & PLANNING COMMITTEE
TO BE HELD ON 98 11 25TH NOVEMBER, 1998-
REPORT NO 01TO THE DEVELOPMENT, HEALTH & PLANNING COMMITTEE
TO BE HELD ON 98 11 25TH NOVEMBER, 1998-
The General Manager
Hustville City Council
The Civic Centre
HURSTVILLE
Dear Sir,
Hereunder is my report No.01 to be submitted to the Development, Health & Planning Committee:-
05.01 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 |
05.02 DEVELOPMENT APPLICATIONS - HURSTVILLE WARD
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: . DEVELOPMENT & HEALTH |
05.02.01 2 CAHILL STREET AND 198-198A STONEY CREEK ROAD, BEVERLY HILLS (D.A. 180/98)
HOUSING DEVELOPMENT UNDER STATE ENVIRONMENTAL 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 original proposal sought approval for the development of twelve (12) units for housing for older persons and persons with disabilities under the provisions of State Environmental Planning Policy (SEPP) No. 5.
2. The proposal was reported to Council's Meeting on 4 November, 1998 where it was advised that the development complied with all provisions except for the density requirements.
3. Council resolved to defer the proposal pending amended plans being submitted which reduced the development to eleven (11) units and as such, comply with the density control, being a maximum floor space ratio (FSR) of 0.5:1.
4. The proposal has been amended by deleting a unit from the corridor adjacent to Cahill Street. This portion of the development previously accommodated four (4) units, with the first two units from Cahill Street being double storey. The amended plans reduce the units in this portion to three and also improves privacy between properties with now only one (1) double storey unit directly fronting Cahill Street.
5. The amended plans comply with the density control, being 0.49:1 as well as satisfying all other development and design requirements under SEPP No. 5.
6. The proposal is therefore recommended for approval subject to appropriate conditions.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: .02.01 DEVELOPMENT & HEALTH |
HEADING: Recommendation 2 CAHILL STREET AND 198-198A STONEY CREEK ROAD, BEVERLY HILLS (D.A. 180/98)
HOUSING DEVELOPMENT UNDER STATE ENVIRONMENTAL 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 ENVIRONMENTAL 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 |
05.02.02 43-45 KINGSWAY, KINGSGROVE (D.A. 19988259)
ADDITIONS AND ALTERATIONS TO INDUSTRIAL BUILDING
(Report by Development Assessment Officer, Mr. P. O'Reilly)
- Applicant : Kingsway Press Pty. Ltd.
Proposal : ADDITIONS AND ALTERATIONS
TO INDUSTRIAL BUILDING
Zoning : Zone No. 3(a) - General Business
Owners : Kingsway Press Pty. Ltd.
Existing Development : Part One Storey, Part Two Storey Industrial
Building used for a Printing Business
Cost of Development :
PRECIS OF REPORT
1. An application has been submitted by Kingsgrove Press Pty. Ltd., under SEPP No 1, dated 16 November, 1998, seeking concessions regarding the allowable floor space ratio allowable under the Hurstville Local Environmental Plan. The building is used for light industry (printing) and is situated in a General Business 3(a) zone. The parking requirements for the extended building are deficient.
Introduction
It is proposed to add to the top floor of the building at No. 43 making it two storey and to add an additional floor to No. 45 making it two storey. Both buildings have been united to form one building which is used as a printing business.
The proposal does not comply with the LEP because:
* the floor space proposed at 1.7:1 exceeds the 1:1 allowable under the LEP; and
* the number of car spaces required under the LEP is sixteen (16) and only five (5) are existing with no area available at present to provide additional spaces.
The proposal does not show compliance with the Building Code of Australia 1997, as amended, however this will be addressed by the Construction Certificate submission.
History
The first record of an approval for this building is an approval for No. 43 Kingsway under D.A. 36/70 granting approval to use the premises for a storage area. This plan shows that eight (8) car spaces were to be provided for the use of both buildings.
D.A. 36/70 granted approval subject to :
“the off-street parking areas shown in the plan being suitably sealed and marked.”
The original building was constructed probably before the implementation of the County of Cumberland Planning Scheme which came into force in 1949. At that time the building was used as two separate buildings until they were united into one building by B.A. 586/80.
The applicant has submitted this application to try and overcome the problem created by the overhanging trees which cause the undersize roof drainage system to be blocked by the leaves and debris that fall from the trees.
Proposed Development
It is proposed to add to the existing part single and part two storey building to make it a two storey building all over.
a) The land comprises two lots being lots 21 & 22 in DP 11417. The total area of the two blocks is 390.1square meters and the total floor space proposed is 663.0 square metres giving a floor space ratio of 1.70 : 1.
b) It is proposed to use the whole building for the purpose of a printing business which will not change the current use.
c) The ground floor is designated as printing area, amenities, loading bay and an office/reception area.
d) The first floor is designated as storage process area, amenities, dark room and office area.
e) There will be an airconditioner on the roof.
f) Existing parking is for five (5) cars, three (3) located in the rear lane and two (2) in Kingsway. (The applicant claims that there is parking for seven (7) cars on the site.)
g) Access to the building is at ground level from Kingsway, Maluka Place and the rear lane. Deliveries are from the rear lane.
Statutory Requirements
The provisions of the -
* Hurstville Local Environmental Plan 1994
The subject site is zoned 3 (a) General Business under the LEP, which prohibits the proposed industrial use and requires more parking and less floor space than is proposed. To comply with the LEP it would be necessary to have an additional ten (10) car spaces on the site and to reduce the floor space ratio by 0.2 : 1.
However the building has been used for the current use for about 50 years without causing any undue affect on the surrounding area. It is considered that the applicant has an existing use which may be expanded with Council's consent.
* Environmental Planning & Assessment Act 1979 No 203
The proposal broadly meets the aims and objectives of the Environmental Planning and Assessment Act 1979.
* Building Code of Australia 1996 as amended
The proposal will require the installation of certain fire requirements that will be complied with when the construction certificate is issued. See list under internal comments.
Applicants Submission
The applicant has submitted an Objection under State Environmental Planning Policy No 1 outlining the reasons why Council should vary the requirements of the Hurstville Local Environmental Plan 1994. The submission is as follows -
- "SEPP 1 Objection
Purpose of the Policy and Guidelines for its Application
'State Environmental Planning Policy No. 1 - Development Standards' was introduced to permit flexibility in the application of development standard where it can be shown that strict compliance is unreasonable or unnecessary in the circumstances of the case, or would tend to hinder the attainment of the objects of the Act as specified in section 5(a)(i) and (ii) of the EP&A Act 1979.
A development application must be supported by a written objection which specifies the grounds for objection to the particular standard. The determining authority must be satisfied that :
* the objection is well founded (i.e., compliance is unreasonable or unnecessary);
* granting of consent is consistent with the objectives of the policy; and
* non compliance does not raise any matters of significance for State or regional environmental planning.
The relevant test appears to be the identification of the objective of the particular standard to be varied and whether or not the proposed development is consistent with the underlying purpose of that standard regardless of the numerical standard of variation.
Floor Space Ratio
Introduction
This objection relates to a development standard contained in the Hurstville Local Environmental Plan 1994 relating to permitted floor space ratio in 3(a) General Business zones.
Extent of Non-compliance
Under the provisions of Clause 13 of the above Plan, a maximum floor space ratio of 1.5:1, including a maximum non-residential component of 1:1 is permitted. A floor space ratio of 1;7:1 will result from the proposed first floor addition, representing a total variation of 0.2:1, or approximately 14% on the total permitted floor space ratio of 1.5:1. The entire floor space will be non-residential, whereas under the Code, the permitted non-residential component is specified as 1:1.
Grounds for Objection
* The small extent of non-compliance
It is considered that 14% will make a negligible difference to the visual appearance of the development, and yet it will provide an economically viable solution to a problem which has come about as a result of Council trees overhanging the roof of the existing development. The extension will provide useful additional floor space for the printing business.
The development will have no residential component, the upstairs flatette having been converted to an office prior to the floor space allowance was divided between residential and non-residential components under the Local Environmental Plan 1994. This is considered to be in effect an existing use, thus floor space calculations for the development have been based on a ratio of 1.5:1.
* The circumstances of the application
The proposed development has come about as a direct result of Council trees which are dropping leaves onto the roof of the development at its existing height, consequently blocking drainage at considerable expense to the applicant. Since Council contends that the trees should not be removed, the solution is the reconstruction of the roof of the building to a two storey height. This major renovation is not economically viable if no additional floor space is to be provided within the additional building height. The visual bulk and scale of the development will be the same whether or not the additional floor area is provided within the raised roof, thus it is considered that the provision of no additional floor space would be wasteful. It is also considered that a small concession to the floor space ratio is warranted when the applicant has been required to expend considerable money for this proposal, which is required through no fault of his own.
* The proposed extension, being an economically viable solution to the discussed problem, will enable the existing operation to continue
The existing operation is suitable to the locality, and has operated for a significant time with no adverse impacts in the locality, being a quiet, fully mechanised printing operation. The continuing existence of the development which will be facilitated through the permitted variation, represents an economically viable solution to the discussed problem, and consequently will be beneficial in the locality.
* The bulk of the altered building will be comparable in bulk, scale and height to nearby development
Commercial and industrial development within the vicinity of the subject site is of both single and two storey construction. It should be noted that the premises on the opposite side of the rear lane having a street frontage to Stoney Creek Road is three floors in height. The proposed extension will not result in a visible variation to the overall streetscape appearance in the locality.
* The proposed development does not pose any unreasonable environmental problems in terms of issues such as noise, overlooking, overshadowing, etc.
The fact that the subject site is on a corner allotment, bounded on only one side by an industrial building reduces any potential impacts to private property resulting from the first floor extension. Overall, the extension will not result in any significant adverse environmental impacts in the locality.
* Variation of the standard in the manner proposed does not raise any matters of significance for State or regional environmental planning, nor does it conflict with any State Planning Policies or Ministerial directives.
* Variation of the standard on the manner proposed will result in no adverse effects to the public benefit.
The public benefit will in fact be served by the proposed solution to the drainage problem, as it will negate the need for removal of mature Council street trees.
* Notwithstanding non-compliance with the standard, the proposed development meets the objections of the Act as required under SEPP 1, namely :
1. it will result in 'the promotion and co-ordination of the orderly and economic use and development of land'; and
2. it will promote 'the social and economic welfare of the community and a better environment' by providing an economically viable solution to the applicant of the discussed drainage problem, without necessitating the removal of any Council trees.
For these reasons it is considered that the variation to this standard is justified."
The proposal is for the enlargement of a building containing an existing non-conforming use. However it is a use that has not caused any undue effect on the surrounding area for many years and because the proposal is a minor variation to the LEP no objection is raised to the additions.
There will be no change of use or change to the character of the site. The building is essentially a two storey building and even where altered the building will have no additional visual impact on the street. The area around the 3(a) zone is mainly residential but because the use of the subject site is for printing, which has not generated offensive noise, emissions or traffic problems it should not have any undue effect on the residential area. It should be noted that no objections were received in response to the notification of the application to owners in the neighbouring residential area.
The proposal has been examined for compliance with the Building Code of Australia (BCA) and it has been found that the following matters must be implemented to comply with the code.
* The external walls are required under clause 5.1 of the BCA to comply with Specification C1.1 to have a Fire Resistance Level of 90/90/90.
* Fire hydrants are required to be provided by Clause E1.3 of the BCA.
* Hose reels are required to be provided by Clause E1.4 of the BCA.
* Portable Fire Extinguishers are required to be provided by Clause E1.6 of the BCA.
* All external openings are required by Clause C3.2 of the BCA to be protected in accordance with Clause C3.4 of the BCA.
* Emergency lighting is required to be provided by Clause E4.2 of the BCA in accordance with Clause E4.8 of the BCA.
- * Exit Signs are required to be provided by Clause E4.5 and E4.6 of the BCA in accordance with Clause E4.8 of the BCA.
* The existing stairway should be increased in width to a minimum required by D1.6 serve the enlarged floor area.
Comments by Manager Development Advice
The Tree Preservation Officer advises that at its meeting on 14 May, 1998, Council considered the removal of the large trees in the footpath and has confirmed that the four (4) Eucalyptus Microcorys are to remain with ongoing maintenance, as required.
Carparking
The applicant's consultant Town Planner has made the following comments regarding carparking provision on the site :
- "For sites less than 6000 sq.m in area, the following carparking requirements apply:
* manufacturing : 1 space per 55 sq.m nett floor area
* warehousing : 1 space per 70 sq.m nett floor area
* office : 1 space per 40 sq.m nett floor area
Compliance of proposed development : Based on these figures, for the combination of manufacturing, storage and office uses within the development, a total of 17 spaces are required, including 11 for manufacturing, 2 for storage/warehousing, and 4 for office areas.
There are currently 7 spaces provided on-site for the development, and no change is proposed to this number as a result of the proposed extension. Approximately 50% of the floor space of the extension will be utilised for storage purposes. the printing process carried out on the site is fully mechanised, and for this reason only 4 people are employed by the operation. In addition, at the present time, only 2 cars are parked at the premises by these employees. No change is proposed to the existing number of employees as a result of the proposed extension. It is consequently considered that 7 spaces is ample, and that the provision of 17 spaces is unnecessary in the circumstances, as well as being difficult to provide on this small site as a consequence of the proposed first floor addition. It is considered that the required provision of a greater number of carparking spaces at further expense to the applicant is particularly unwarranted in the circumstances of this application."
It is understood that the Hurstville Ward Councillors are of the view that the proposal is acceptable with the carparking as proposed. As a safeguard against a possible change of use impacting upon the parking provisions it is considered that the owners of the building should enter into an undertaking with Council in the form of a Deed that will restrict a change of use of the building, the subletting of portion of the building or the sale of the business without the payment to Council of a penalty of $3,000 per car space not provided.
Summary
It is agreed that the proposal, while not complying with the Hurstville Local Environmental Plan 1994, will not have any major effect on the surrounding area and therefore could be approved with Council's consent.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: .02.02 DEVELOPMENT & HEALTH |
HEADING: Recommendation 43-45 KINGSWAY, KINGSGROVE (D.A. 19988259)
ADDITIONS AND ALTERATIONS TO INDUSTRIAL BUILDING
(Report by Development Assessment Officer, Mr. P. O'Reilly)
. Recommendation 43-45 KINGSWAY, KINGSGROVE (D.A. 19988259)
ADDITIONS AND ALTERATIONS TO INDUSTRIAL BUILDING
(Report by Development Assessment Officer, Mr. P. O'Reilly)
RECOMMENDATION
- THAT :
1. Council as the consent authority agree to vary the floor space index for the subject development to 1.7:1 pursuant to the provisions of the State Environmental Planning Policy No. 1.
2. Council require the owner of the subject premises to enter into a Deed of Agreement concerning the shortfall in parking, such agreements to be prepared at the owner's cost by Council's solicitor and require the payment of a $3,000 penalty for each carspace required but not provided for the additional floor space in the building upon change of use of the building, sale of the business, sale of the building or sub-letting of any part of the floor space.
3. Subject to written agreement by the owners of the building to item 2 above the application be determined by delegated authority by the granting of consent with appropriate conditions relative to the Deed referred to in item 2.
| 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 148B PENSHURST STREET, PENSHURST - PROPOSED TWO STOREY DWELLING (Report by Building Surveyor, Mr R Larter)
- Applicant: Kauley Constructions (D.A. 19988158)
Proposed: Two Storey Dwelling
Development Area: Development Area "C"
Referred for: 1. Consideration of objections from adjoining owners
2. Non-compliance with Council's Code for Single
Dwelling Houses
The subject site is located on the north-eastern side of Penshurst Street.
The land falls away from the street and is affected by a Sydney Water open drainage canal bisecting the property from north to south.
It is proposed to erect a two storey brick veneer dwelling with pitched tile roof on the eastern portion or rear of the lands due to the location of the stormwater canal.
A. Objections
The matter is referred to Council as two letters of objection have been received -Solicitors Scarfone & Co on behalf of No. 148A Penshurst Street and M & K Trupkovic of No. 38 George Street.
(1) Objection from No. 148A Penshurst Street
(a) Effect on privacy due to window overlooking backyard,
swimming pool and living areas.
(b) Loss of light and sun due to height of the proposed dwelling.
(c) Loss of amenity which will be suffered because of the
closeness of the dwelling to the common boundary.
(d) Devaluation due to the above effects.
(2) Objection from No. 38 George Street, Penshurst
(a) Effect on privacy as proposed dwelling will face into
backyard.
Comments:
(a) First floor windows of bedrooms 2 and 4 and bathroom window will
overlook rear yard area of No. 148A Penshurst Street.
- It is not considered that bedroom or bathroom windows will create an unreasonable loss of privacy due to the limited usage of these areas, i.e. essentially for washing and sleeping purposes only. It has also been requested that the lower portion of windows to bedrooms 2 and 4 be of frosted or coloured glass to reduce potential privacy intrusion or that the windows be changed to the highlight type.
- Windows facing the adjoining premises on the ground floor will be screened by the existing colorbond dividing fence.
- It should be noted that the building has been set back from 1.520mm to 1.820mm along the southern side boundary in lieu of the minimum 900mm as provided for in the regulations.
The proposed residence has also been designed to maintain the height of walls and roof pitch to an acceptable minimum.
- The effect on the amenity with adjacent property No. 38 George Street is considered minimal due to the comment aforementioned.
The dwelling as proposed does not comply with the Council's Code which requires new dwellings on allotments of land with a width in excess of 15.5 metres to comply with a building envelope constructed at 45 degrees from a point 3.5 metres above any side or rear boundary. The only projection permitted beyond the building envelope will be for eaves and gutters to a maximum distance of 450mm.
Comments:
Revised plans were requested and have now been submitted to reflect the building envelope as required by Council's Code.
The proposal exceeds the building envelope marginally along the south-eastern boundary which is adjacent to both of the complainants' premises and a slightly greater encroachment along the eastern boundary. However, a minimal effect on this property is envisaged.
Due to the existence and position of the open stormwater canal, the useable land area for construction of the dwelling is severely limited.
Sydney Water has advised that it has no specific requirements for heights of dwellings above natural ground level in relation to the drainage canal.
It is also recommended, however, that the building be raised 200mm to provide a reasonable distance above finished ground level in case of flood or overflow of the drainage canal.
Sydney Water require the building to be set back 600mm from the drainage canal and thus it is not possible to increase the sideline clearances.
Conclusion
It would appear that the applicant has endeavoured to design a reasonable dwelling given the difficult site constraints. All other requirements of Council's Code for Single Dwelling Houses have been adhered to with the exception of the aforementioned building envelope encroachments.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: .03.01 DEVELOPMENT & HEALTH |
HEADING: Recommendation 148B PENSHURST STREET, PENSHURST - PROPOSED TWO STOREY DWELLING (Report by Building Surveyor, Mr R Larter)
. Recommendation 148B PENSHURST STREET, PENSHURST - PROPOSED TWO STOREY DWELLING (Report by Building Surveyor, Mr R Larter)
RECOMMENDATION
THAT Development Consent be granted subject to the following conditions and a Construction Certificate be issued:-
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: |
| - | August 1998 | Architectural | Kauley Homes |
CONDITIONS WHICH MUST BE SATISFIED PRIOR TO THE ISSUE OF ANY CONSTRUCTION CERTIFICATE
4. 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.
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.
5. For the purposes of reducing pricacy intrusion, the window to bedrooms 2 and 4 shall be either frosted glass in their lower portions or converted to highlight windoes with minimum sill height of 1500mm.
CONDITIONS WHICH MUST BE SATISFIED PRIOR TO COMMENCEMENT OF ANY WORK
6. 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.
7. 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.
CONDITIONS WHICH MUST BE SATISFIED DURING DEVELOPMENT WORK
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.
8. 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.
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.
9. 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:
* Steel reinforcing prior to pouring concrete.
* Wet areas prior to installation of floor or wall linings, tiles or other coverings.
* Floor joists prior to installation of flooring.
* Framework of structure prior to lining or cladding being fixed.
* Stormwater drainage, including on-site detention, prior to backfilling.
* Final completion of all building works and other works covered by this Approval.
Fee required : $240.00
10. 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:
(a) Compliance with the approved Soil and Water Management Plan.
(b) Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed 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.
11. 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.
- 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.
Details of the proposed drainage system must be submitted with the Construction Certificate application demonstrating compliance with the above standard. The Construction Certificate must not be issued until the Certifying Authority is satisfied that the proposal complies with the standard and that the stormwater drainage system will not cause, permit or allow a nuisance or damage to adjoining land, buildings or occupants. Note: On-site infiltration is prohibited by this Consent. All water must be discharged to Council's stormwater system in accordance with AS/NZS 3500.3.2 :1998.
13. The developer must submit details of the proposed method of stormwater disposal to Council with the Construction Certificate Application for approval by Council's Manager, Building Services prior to the issue of the Construction Certificate.
14. 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 design of all reinforced building elements. In this regard AS 3600 is deemed to comply.
* The design of all structural steelwork. In this regard AS 4100 is deemed to comply.
Registered Surveyor's Setout/Reports - The following conditions have been imposed to
ensure that the development proceeds in accordance with the Development Consent.
15. Registered Surveyor's Reports - Reports prepared by a Registered Surveyor must be submitted to the Principal Certifying Authority at the following stages of construction and 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.
- * Completion of floor slab formwork before concrete is poured or at completion of foundation walls detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey is required at each subsequent storey.
17. 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.
18. 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.
19. The first floor joists must be inspected by the Principal Certifying Authority prior to the fixing of the flooring.
20. 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 smoke detectors must be located in accordance with the plans approved by
Council.
The installation of the smoke detectors must be certified by a licensed electrician
prior to occupation of the building.
21. 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.
22. The building shall be known as No. 148B and the number shall be clearly displayed at the front of the building.
23. The ground floor slab must be situated a minimum of 200mm above finished ground level. No filling of the land is permitted.
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.
24. 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.
25. 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.
26. 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.
| 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 6-8 CAIRNS STREET, RIVERWOOD (D.A. 19988162)
RESIDENTIAL FLAT BUILDING
(Report by Senior Town Planner, Ms. L. Williams)
- Applicant : Ms A. Chiu
Proposal : RESIDENTIAL FLAT BUILDING
Zoning : Zone No. 2 - Residential
Interim Residential
Development Code : Development Area "D"
Owners : P. & S. Navara, L. & H. Batten
Existing Development : Two Cottages
Cost of Development : $1,100,000.00
PRECIS OF REPORT
1. Residential Flat Building Development, 14 Units (10x3 Bedroom, 4x4 Bedroom).
2. Satisfactory in relation to all matters in Interim Residential Development Code except density. The variation sought to the density standard is considered acceptable.
3. Four (4) submissions have been received.
4. Recommendation - Approval.
Existing and Surrounding Development
The site is located on the northern side of Cairns Street approximately 150 metres south-east of Riverwood Railway Station.
The site comprises two separate allotments. The combined allotments form a site that is rectangular in shape and have a total frontage of 25.605 metres and a depth of 56.98 metres. The combined sites have a total area of 1,458.9 square metres.
Each lot contains a single cottage plus various outbuildings. To the east of the site is a residential flat building and to the west are residential cottages.
Proposed Development
The proposal is to demolish the existing cottages and outbuildings on the land and erect a three (3) storey residential building over basement carparking. The building will contain 14 units (10x3 bedroom and 4x4 bedroom). The building will have a brick facade and a pitched tile roof.
Ten units have three (3) bedrooms and four units have four (4) bedrooms. Each have a living/dining area, kitchen, bathroom and internal laundry. Vehicle access to the basement carpark is via a driveway located on the western side of the street frontage, and pedestrian entry is via an access point on the eastern side of the street frontage.
The building has a general tapered appearance. The buildings side elevations have generous recessed balconies and ground level terraces. The proposal is not dominated by a central vehicle entry void.
Statutory Requirements
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, (as amended) and the following comments are submitted for consideration.
The subject site is zoned No. 2, Residential, under the Hurstville Local Environmental Plan, 1994. Council's Interim Residential Development Code (IRDC) applies to the subject site.
Assessment of the Proposal
The proposal has been assessed against the provisions of Council's Interim Residential Development Code (IRDC) and compliance with the technical requirements is tabled below.
| Proposal | Code Requirement | Compliance |
| Site Area | 1458.9m2 | 14 x 105 = 1470 m2 | |
| Density | 14 dwellings | 13.9 dwellings | No |
| Development Area "D" | | | |
| Private Open Space | 15.94-24.30m2 | 12.0m2 | Yes |
| Landscaped Area | 47.5% (692.5m2) | 45% (656.5m2) | Yes |
| Building Setbacks: Front/Rear Side | 6.0m2 4.0m2 | 6.0m2 4.0m2 | Yes Yes |
| Residential Parking | 20 | 17.5 | Yes |
| Visitor Parking | 4 | 4 | Yes |
| Building Envelope | Generally complies except for some gable ends and small parts of upper level balconies | 1.5 m/45o | Yes |
(a) Site Area/Density
The standard density for Development Area "D" is one dwelling per 105 square meters of site area. The proposal provides a density of 104.2 square metres per dwelling.
The relevant objectives of this Development Area "D" are :
"To encourage higher density housing forms in localities in close proximity to public transport and community services;....
....To encourage high quality developments in new higher density areas which take regard to the amenity of the existing housing in the locality and acknowledges the long-term building form change for these areas."
The proposal's density exceeds Council's nominated standard for the area. However, the proposal's density and built form is typical of the three storey walk-up style that was intended for Area "D". The site is ideally located at 150.00 metres from an express train service to the Sydney CBD, and is close to the Riverwood commercial centre. It is also satisfactory in regard to the amenity of adjoining properties. The proposal is therefore generally consistent with the objectives for Development Area "D".
Furthermore the proposal is of a character and style that is preferable to other less attractive proposals. The proposal has also been found to be satisfactory in regard to car parking, landscaping, private open space, site frontage and front and rear setbacks. It is also relevant to point out that development consent has been issued for a development of twenty (20) units (at a site density per unit of only 72.9 square metres per dwelling) on an adjoining site at 10-12 Cairns Street. Also, development consent has been issued for another site at 14-16 Cairns Street for fifteen (15) units with a site density of 97.2 square metres per dwelling.
In the circumstances of the case, a variation to Council's density standard to allow 104.2 square metres per dwelling is supported.
(b) Building Envelope
The building substantially complies with the building envelope requirement.
Initially, during preliminary assessment of the application, the degree of infringements, being gable roof features, balcony railing, planter boxes and the exhaust vent from the basement area, were of a nature to collectively raise concern. As a result, the architect has reduced the degree of infringements whilst not detracting from the design.
It is considered that the infringements are minor and will have little or no discernible impact in respect of privacy concerns or additional overshadowing.
(c) Drainage
This site is within the Georges River Catchment and a Drainage Amplification fee as fixed under Section 94 would normally apply. The applicants propose an on-site detention drainage system similar to that used on other sites in Cairns Street and approved by Council with the drainage amplification fee being waived. It is therefore proposed that the drainage amplification fee not be charged in this instance.
Senior, Building Surveyor
The proposal complies generally with the Building Code of Australia and is similar to another recently completed building in Cairns Street by the same developers. It is suggested that for amenity reasons the ceiling heights in the units be increased to at least 2450mm.
Manager, Development Advice
No objections raised subject to appropriate conditions relating to drainage and vehicle access.
Public Notification and Comments
The proposal was advertised in the "St George and Sutherland Shire Leader". Adjoining residents were notified by letter and a sign placed on the site and interested people were given twenty-one (21) days in which to view the plans and submit any comments on the proposal. Four (4) submissions were registered and their concerns are outlined below :
(i) Suitability of Cairns Street for Unit Developments
Comment: The whole block bounded by Cairns Street, Erskine Street, Littleton Street and Belmore Road was identified in 1994 for extensive redevelopment in the form envisaged as Development Area "D". Development in this area will consist mainly of three storey walk-up unit developments. Examples of this style of development include the unit blocks completed and under construction in adjoining Littleton Street, and this current proposal.
(ii) Traffic Impacts of Development
Comment: According to the RTA's Guide to Traffic Generating Developments, this proposal of home units will generate between 70 and 91 vehicle movements per day. However, given the site's proximity to Riverwood Station the actual figure may be less than 70 movements which equates to a movement of 5.8 cars each hour for 12 hours. This is a negligible amount given the observed and reported use of Cairns Street as a direct access route to the Riverwood shopping centre.
The site is located near to major arterial roads including Belmore Road, Henry Lawson Drive, the M5 Motorway and Canterbury Road. Consequently the traffic generated on the site will quickly disperse and therefore be of no discernible impact to the carrying capacity of the road network.
(iii) Consideration of Development Proposals in light of New Study being Prepared
Comment: The proposal is permissible with Council consent and the land is at present contained within Development Area "D". Accordingly the proposal has been assessed against the relevant provisions applicable to the subject site.
(iv) Lack of Parking
Comment: The proposal incorporates twenty four (24) parking spaces. With twenty (20) for residents and four (4) for visitors. The Interim Residential Development Code indicates that twenty one (21) parking spaces are required. The proposal therefore provides more than the required amount and is acceptable in the circumstances.
(v) Lack of Open Space/Children's Play Area
Comment: The proposal provides private open spaces/balconies for all units. Generally these spaces are well in excess of Council's minimum area requirements.
The proposal incorporates 692.5 square metres of landscaped open space on the site. This figure is in excess of minimum requirement of 656.5 square metres.
Experience has shown that common play areas and the like provided in walk-up unit developments tend to become targets for vandals and are often left in states of disrepair and/or not used by residents. Council levies residential development for the purpose of adding to or augmenting public open spaces. These spaces are generally more spacious, better equipped, and offer greater opportunities for interaction between local children. Consequently the proposal is considered to be satisfactory in regard to landscaping and the recreation uses and needs of its occupants.
Summary
The proposal is for fourteen (14) residential units and the site is well positioned for home unit developments as it is close to a wide range of services including shops and transport facilities. The proposed development of residential units on this site will not change the residential nature of Cairns Street, though it will change the physical character of development in that street. However, this change is unavoidable and is expected given the identification of the area for unit style development.
The proposal is considered to be entirely satisfactory in regard to the provisions of the Interim Residential Development Code. The proposed variation to Council density standard is supported for the following reasons :
i) the proposal is satisfactory in all other respects of the Interim Residential Development Code (e.g. landscaping, privacy, overshadowing, parking, setbacks and frontage);
ii) it is consistent with the expected development form in Development Area "D";
iii) it is a well proportioned design that will be an asset to the streetscape;
iv) the proposal is satisfactory in respect to all other relevant Section 79(C) issues.
With this development we have a situation where the building structure meets all the requirements of Council's Code, but the designer has been able to achieve a greater number of units within the building shape than the number permitted by Council's density controls. This raises the issue of what does Council consider as a primary form of control, either the building structure or the density requirement.
In this case all the units are already three (3) and four (4) bedroom types, the impact of the building complies with Council requirements and Council is being urged by the State Government to plan for increases in population.
On this basis it is recommended that the building structure be recognised as the highest form of control over density provided unit sizes are of average and reasonable proportion.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: .04.01 DEVELOPMENT & HEALTH |
HEADING: Recommendation 6-8 CAIRNS STREET, RIVERWOOD (D.A. 19988162)
RESIDENTIAL FLAT BUILDING
(Report by Senior Town Planner, Ms. L. Williams)
. Recommendation 6-8 CAIRNS STREET, RIVERWOOD (D.A. 19988162)
RESIDENTIAL FLAT BUILDING
(Report by Senior Town Planner, Ms. L. Williams)
RECOMMENDATION
THAT Council as the consent authority grant development consent for construction of a residential flat building containing fourteen (14) units comprising ten (10) x 3 bedroom and four (4) x 4 bedroom at 6-8 (Lots 28 and 29, DP 20197) Cairns Street, Riverwood, subject to the following conditions:-
1. Act, Regulations and Environmental Planning Instruments Prevail - The current requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Regulations thereunder ("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.
2. 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. Copy of said plans is attached to this consent.
3. Design Amendment - The plans shall be amended to indicate a minimum ceiling height of 2450mm and otherwise, shall show full compliance with the Building Code of Australia, including mechanical ventilation to the car park and the provision of all fire safety measures for the building.
4. Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act and cl. 78 of the Environmental Planning and Assessment Amendment Regulation 1998. (Copy attached).
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 2 building having a rise in storeys of 3, being Type A construction.
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 $2,151.60.
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 $68,120.00.
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 $6020.20.
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 contribution(s) payable pursuant to condition number(ed) 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.
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.
10. Council property and environmental damage security - Before the issue of a Construction Certificate the applicant shall provide security to the value of $3,000 for the payment of the cost of making good any damage caused to any Council property as a consequence of the implementation of the consent. The security may be provided by way of a cash deposit with the Council or a Bank Guarantee satisfactory to the Council.
Should any of Council's property and/or the environment sustain damage during the course of construction, or if the construction works put Council's assets or the environment at risk, Council may carry out any works necessary to repair the damage and/or remove the risk. The cost of these works will be deducted from the security.
A request for release of the security may be made to the Council after all construction work has been completed.
Council may carry out any works necessary to correct the defects and the cost of these works will be deducted from the security.
A request for release of the security may be made to the Council six (6) months after the Occupation Certificate has been issued.
11. Landscape security - Before the issue of a Construction Certificate, the applicant shall provide security to the Council to the value of $2,000 for the payment of the cost of providing effective landscaping and bush regeneration and maintenance for a period of six (6) months from the date of the Occupation Certificate.
The security may be provided by way of a cash deposit with the Council or a Bank Guarantee satisfactory to the Council.
If Council determines that works are necessary to ensure the landscaping, bush regeneration and maintenance is effective and satisfactory in accordance with the terms of the development consent, the cost of these works will be deducted from the security.
CONDITIONS RELATING TO WORK IN THE ROAD RESERVE - These conditions are imposed to ensure that adequate road works are provided to minimise the adverse effect of traffic generated by the development.
12. Access levels - An access levels application shall be made to the Council to obtain footpath crossing levels before designing internal driveways and carparking. Evidence that the proposed development complies with Council's issued levels shall accompany the application for the Construction Certificate.
13. Road opening permit - A road opening permit shall be obtained from the Council (or the Roads and Traffic Authority in the case of classified main roads) for every opening of the public road, prior to the issue of a Construction Certificate. The fee for the application, as well as the fee for the permit issued by the Council, shall be in accordance with Council's adopted schedule of fees and charges.
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.
14. 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.
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. 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.
17. 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 Cairns 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.
18. 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.
19. Essential fire safety and other safety measures - Prior to the issue of a Construction Certificate a list of the measures for ensuring the safety of persons in the building, in the event of fire, (Essential Fire and Other Safety Measures) that are proposed and currently exist on the site (if applicable) shall be submitted to the Council. A person qualified in the design, installation and maintenance of Essential Fire and Other Safety Measures will need to be engaged to prepare the required list. Council will then issue a schedule specifying the fire safety measures (both current and proposed) that should be implemented in the building premises.
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.
20. 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.
21. Plant or machinery must not cause noise exceeding background - All sound producing plant, equipment, machinery or fittings associated with or forming part of the mechanical ventilation system and/or the refrigeration system being sound insulated and/or isolated so that the noise emitted does not exceed the background level in any octave band from 63.0 Hz centre frequencies inclusive at the boundary of the site. Note: The method of measurement of sound must be carried out in accordance with Australian Standard 1055.1 - 1989.
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.
22. 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.
AIR POLLUTION - The following conditions have been imposed to ensure that the activity is undertaken so as not to cause, permit or allow air pollution.
23. 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.
24. Residential parking requirements for 4 or more units - The developer must provide twenty (20) parking spaces and four (4) visitor 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. The visitor carparking spaces are to be defined from the vehicular driveway and manoeuvring areas by line marking or paving material or colour contrasts and is signposted. Footpath and crossing levels must be obtained from the Engineering Division at a fee set by Council.
25. Parking layout - Details of the proposed parking layout, including the finish colours and materials and drainage systems must be submitted with the Construction Certificate Application and demonstrate compliance prior to the issue of any Construction Certificate.
26. Access to visitors' parking - The developer must ensure that the visitor parking spaces are clearly signposted and accessible at all times. Any security gates or doors must be located to permit sufficient manoeuvring area for visitor vehicles to enter and leave the land in a forward direction.
27. Basement car park - The minimum headroom in the parking area shall be 2.2m measured from the parking floor to the underside of any beam or service conduit, or to the underside of any door including a security door and fittings when those doors are in an open position. Written certified evidence from an appropriately qualified person that this design requirement has been met shall accompany the application for the Construction Certificate.
28. Compliance with Australian Standard 2890.1 - All access driveways, queuing areas, ramps, gradients and the like for parking areas must conform with the provisions of Australian Standard AS 2890-1-1993 - Off-Street Parking Facilities except where otherwise required by Council. Details must be submitted with the Construction Certificate Application and demonstrate compliance prior to the issue of any Construction Certificate.
29. Internal driveway profile - The design of the internal driveway profile shall provide:-
- a) Adequate sight distance for the safety of pedestrians using the footpath area.
b) A maximum 12.5% grade where access to large (1.50 cubic metres) garbage containers is required.
c) A maximum algebraic difference in grades of 11%.
d) A maximum grade of 20%.
Written / Certified evidence from an appropriately qualified person stating that these design requirements have been met shall accompany the application for the Construction Certificate.
30. The allotments must be consolidated prior to occupation of the building.
31. 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) construct 150mm thick crossing reinforced with F72 mesh;
b) replace all redundant crossings with kerb and gutter.
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.
32. Entry and exit - All entry and exit points and one or two way circulation movements must be clearly signposted to the satisfaction of Council.
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.
33. 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.
34. The underground basement carpark must pump to, and all other stormwater must drain by gravity to Council's kerb and gutter in Cairns Street.
35. 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.
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.
36. 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.
37. The landscape plan must include identification of all existing trees by botanical and common names where the tree exceeds a height of 3.0 metres or a girth greater than 300mm at 450mm above ground level. The plan must also indicate the relationship of each existing tree, by scale, to the proposed development. No trees are to be removed or lopped without written Council approval.
38. 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.
39. 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.
40. 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.
41. 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.
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.
42. 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:
* Placement of piers or foundations prior to placing footings.
* Steel reinforcing prior to pouring 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.
* Final completion of all building works and other works covered by this Approval.
* Fire rated ceilings.
Fee required : $400.00
Registered Surveyor's Setout/Reports - The following conditions have been imposed to ensure that the development proceeds in accordance with the Development Consent.
43. 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:
* Foundations prior to commencing any excavations.
* Floor slabs or foundation wall prior to formwork or brickwork commencing.
44. 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.
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.
45. The disposal by burning, of any demolition or waste materials is prohibited.
46. All rubbish and waste materials on-site must be removed prior to the occupation of the premises / commencement of the approved activity.
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: . DEVELOPMENT & HEALTH |
05.04.02 19-23 RONA STREET, RIVERWOOD (D.A.
HOUSING FOR OLDER PEOPLE OR PEOPLE WITH A DISABILITY
(Report by Town Planning Consultants, Conor/Siwak)
- 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 dwellings have been
demolished.
Cost of Development : $900,000.00
PRECIS OF REPORT
1. The proposal seeks approval for the erection of thirteen (13) units to house older people or people with a disability under State Environmental Planning Policy No. 5 (SEPP No. 5) - Housing for Older People or People with a Disability.
2. The proposal complies with all requirements detailed under SEPP No. 5 with the exception of the floor space ratio. Variation is considered reasonable in this particular case.
3. One (1) submission has been received in response to public notification of the proposal.
4. Under Section 115(I) 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 Urban Affairs and Planning.
5. It is recommended that the draft conditions of approval be referred to the Department of Housing for their concurrence.
7. Upon conditions being agreed to by the Department of Housing, the Divisional Manager - Development and Health be authorised to grant conditional consent under delegated authority.
Existing and Surrounding Development
The site comprises three (3) allotments. The site is rectangular in shape with south and west frontages to Rona Street. The north and south boundaries are parallel with a depth of 35.07 metres (on the east boundary). The total area of the corner site is 1649 square metres. The site drops away from the west boundary to the east boundary at a gentle to medium gradient. The overall fall is about 3.5 metres. The site has been cleared of all former structures. The area is characterised by single and two storey residential developments.
Proposed Development
The application proposes the erection of thirteen (13) self-contained units comprising of eleven (11) x 1 bedroom and two (2) x 2 bedroom units under SEPP No. 5.
The proposed development consists of a continuous building form varying in height and runs along the two main frontages of the site on Rona Street. To the rear of the units there is a common area, gazebo and car parking area which will have access from Rona Street.
Although the building form is continuous, the facades have been treated in a manner that is sensitive to the scale and character of the streetscape. This is achieved by breaking the roof form, and individualising each unit with different heights, setbacks and balcony treatments. On the northern and eastern end of the development on Rona Street, the scale of the first units relates to the adjacent one storey houses. This is achieved by providing Unit 13 into the roof form, whilst Unit 1 has no first storey unit above.
Each unit comprises a kitchen, living area, bathroom and one or two bedrooms. Each unit will also contain a balcony or courtyard.
Two (2) driveways are proposed from Rona Street to the site. A driveway for one (1) disabled car parking space is proposed from Rona Street western side and a driveway for three (3) spaces is proposed from Rona Street southern side. Vehicle access is considered satisfactory.
Statutory Requirements
The site is zoned No. 2 - Residential under the provisions of 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 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 No. 5 overrides the local controls of Council's IRDC.
The site has been inspected and the proposal assessed in accordance with the provision of Section 79C of the Environmental Planning and Assessment Act, (as amended) 1979
Assessment of Proposal
Variation to Density Requirement
The proposal generally complies with the provisions of the policy as they apply to the Department of Housing except in regards to the proposed floor space ratio which exceeds the 0.5:1 requirement.
The applicant is proposing a floor space ratio of 0.51:1 which does not comply with the 0.5:1 floor space ration (FSR) requirement under SEPP No. 5. The applicant has requested variation to the requirement for the following reasons :
"The density control FSR is expressed by the cross floor ratio/site area. Although the FSR of 0.5:1 is a standard which cannot be used as grounds for refusal, the consent authority (in this case the Hurstville Council) may approve development applications above the density. In this application the FSR is slightly higher than 50% (51%) with a Gross Floor Area of 851 m2. The architect believes that the generous landscaping and the general development controls play a significant part of the design criteria and should be taken into consideration as much as the density control."
- Comment
Variation to the requirement is considered reasonable in this particular case for the following reasons :
* The proposed variation is considered minor.
* It is considered that after completion of the development, if viewed from a public place, it will be difficult to determine whether the proposed development has or has not complied with the 0.5:1 floor space ratio requirement.
* The subject site can adequately accommodate the proposed development and its minor increase in floor space and associated facilities.
* The proposed minor variation will not adversely affect the amenity of the area.
* 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 by Council.
In view of the above, variation to the 0.5:1 floor space ratio requirement under SEPP No. 5 is considered reasonable.
A summary of compliance with the development and design requirements of SEPP No. 5 are tabled below.
| Development Standard | SEPP No. 5 Guidelines | Compliance |
| Wheelchair Access | 50% of units to have wheelchair access to adjoining public roads and accessible to residents. 10% of units to have wheelchair access to all rooms | Required = 6.5 units Proposed = 7 units Required = 1.3 units Proposed = 2 units |
| 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 = 7.3 metres |
| Density and Scale | Floor space ratio to be 0.5:1 or less. (However, this is not an absolute limit and may be exceeded at the direction of Council). | FSR = 0.51:1 Variation is considered reasonable. |
| 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 the number of units (13) calculated by 35 respectively. 13 x 35 = 455 square metres. | Required = 455 m2 Proposed = 959 m2 |
| Car Parking | Not less than one car parking space for each 5 self-contained units where application is made by the Department of Housing. | Required = 3 spaces Proposed = 4 spaces |
| Site Analysis | Information as described, and appropriate, in Schedule 2 (Site Analysis) of SEPP No. 5. | Site Analysis submitted as required by SEPP No. 5. |
| Streetscape | Contribute to an attractive residential environment with clear character and identity. | 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. | Due to increased setbacks, the size and placement of windows and balconies and the provision of screen planting along the boundaries, the proposal will not adversely impact on the visual and acoustic privacy of adjoining properties. |
| Solar Access and Design for Climate | Adequate daylight to the main living areas of neighbours and residents. Adequate sunlight to private open space areas. Natural ventilation, solar heating and lighting. | Adequate sunlight is achieved by the development. Adequate sunlight to these areas will be available. The layout and design of the development makes best use of natural ventilation and solar heating. Windows and doors are generally situated along the northern and southern sides of the building. |
| Stormwater | Control and minimise the stormwater flow runoff. | The proposed development will need to comply with Council's requirements. |
| Crime Prevention | Provide personal property security for residents and visitors. | All units address Rona Street with access to each lobby area from the street. These lobby areas can be locked. Apart from Unit 1, all units are entered via a shared entry, which has a glass door and small side windows for residents to see who approaches. Selected lighting to both lobbies and pathways is to be provided. Security measures are satisfactory. |
| Accessibility | Provide convenient obvious and safe pedestrian links from the site. | The proposal satisfies this requirement. 1/20 paths lead from each lobby to the public footpath. A sealed driveway connected to the common area can be reached by any disabled person by connecting paths. |
| Waste Management | Provide waste facilities that maximise facilities. | Waste facilities will be available on site. |
| Visual Bulk | Minimise visual bulk | The proposed development will have minimal impact on the surrounding areas in terms of building dominance. |
Manager - Approvals
The Manager has raised no objection subject to the imposition of a number of conditions.
Manager - Development Advice
The Manager has raised no objection subject to appropriate conditions relating to drainage and vehicular access.
Tree Preservation Officer
The Tree Preservation Officer has raised no objection to the proposal.
Public Notification and Comment
Adjoining residents were notified by letter and given twenty-one (21) days in which to view the plans and submit any comments on the proposal. One (1) submission was registered and the following matters have been raised :
(i) Rona Street is within a low density and family orientated locality. Proposal will affect the area.
Comment: The development is permissible under the provisions of State Environmental Planning Policy No. 5 and will not adversely impact on the amenity of the area.
(ii) Proposal will decrease the market value of housing in the area.
Comment: The objection is not a sustainable ground for refusal.
(iii) Traffic Impact
Comment: Due to the nature and scale of the proposed development, it is unlikely that the proposal will adversely impact on the performance and safety of existing traffic conditions in the area.
Summary
The proposal generally complies with the provisions of State Environmental Planning Policy No. 5 - Housing for Older People or People with a Disability.
Under Section 115(I) 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 or the concurrence of the Minister for Urban Affairs and Planning.
The proposed development is satisfactory and is therefore recommended for approval.
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: .04.03 DEVELOPMENT & HEALTH |
HEADING: Recommendation 19-23 RONA STREET, RIVERWOOD (D.A.
HOUSING FOR OLDER PEOPLE OR PEOPLE WITH A DISABILITY
(Report by Senior Town Planner, Ms. L. Williams)
. Recommendation 19-23 RONA STREET, RIVERWOOD (D.A.
HOUSING FOR OLDER PEOPLE OR PEOPLE WITH A DISABILITY
(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 and Health be authorised to grant conditional consent under delegated authority.
GENERAL
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.
1. 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. Copy of said plans is attached to this consent.
2. All wheelchair access is to be designed to accord with Australian Standard AS 1428-1992, 1993 (Design for Access and Mobility).
3. The design of common area and facilities are to ensure access is provided for a person using a wheelchair.
4. 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 Title Office prior to the commencement of construction.
5. A covenant is to be imposed pursuant to Section 88B 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 the covenant.
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.
6. 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 $58,235.00.
7. 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 $5,146.30.
8. 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 $1,336.60.
9. The amount of the contribution(s) payable pursuant to condition number 7-9 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.
BUILDING REQUIREMENTS
10. In accordance with S.115M(2) of the Environmental Planning and Assessment Act, 1997 the building work must not be commenced prior to works being certified by or on behalf of the crown to comply with the technical provisions of the State's Building Laws.
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.
11. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building are to be limited to the hours of 7.00 amto 5.00 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.
SERVICES
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.
12. 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. The applicant is to contact Energy Australia for confirmation of that authority's requirements. The kiosk site shall be dedicated at the applicnt's expense for use of Energy Australia.
13. A Compliance Certificate under Section 73 of the Water Board (Corporation) Act 1994 being obtained prior to commencement of building work.
14. 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.
15. 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.
STORMWATER MANAGEMENT
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.
16. All stormwater is to drain by gravity to either the kerb and gutter in Rona Street or to the pit in Council's reserve via a 1.0 metre wide easement through Council's reserve or through properties Nos. 9-17 Rona Street.
17. It is suggested that the applicant negotiate with Council to purchase the drainage easement mentioned in the above condition. The applicant would be required to pay all legal, survey and Council costs involved.
18. Stormwater drainage plans should be prepared by a qualified practising hydraulics engineer.
ENVIRONMENTAL MATTERS
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.
19. 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 adeuacy at the conclusion of each day's work.
20. 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.
21. 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.
AIR POLLUTION - The following conditions have been imposed to ensure that the activity is undertaken so as not to cause, permit or allow air pollution.
22. 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.
23. Appropriate dust suppression measures are to be installed / utilised during excavation and construction.
PARKING AND VEHICULAR ACCESS
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.
24. The provision of four (4) car spaces in accordance with the approved plans.
25. The applicant must pay Council to :
- a) construct all new crossings each 130mm thick reinforced concrete with F62 mesh,
b) redundant crossings shall be removed and the kerb replaced.
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.
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 a design of the carpark provide access for emergency vehicles.
LANDSCAPING
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.
27. All landscape works shall be completed in accordance with the landscape plan approved as part of this Development Consent.
28. 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.
| HURSTVILLE CITY COUNCIL REPORT ITEM NO: . DEVELOPMENT & HEALTH |
05.05 MISCELLANEOUS AND OTHER MATTERS
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 25TH 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 Building Applications Determined Under Delegated Authority - 1St October, 1998 To 31St October, 1998 (Report By Divisional Manager - Development & Health, Mr D Beaumont) (File T/01243)
06:05.02 Implementation Of The New Dine-Or-Drink Restaurant Legislation (Report By Divisional Manager - Development & Health, Mr D Beaumont) (File B/00021)
| 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 BUILDING APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY - 1ST OCTOBER, 1998 TO 31ST OCTOBER, 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 October, 1998 and 31st October, 1998.
1. BUILDING APPLICATIONS APPROVED UNDER DELEGATED
AUTHORITY
| WARD | BA NO. | PROPERTY | APPLICANT | DESCRIPTION | RESULT DATE |
| Hurstville | 228/98 | 38 Park Road, Hurstville | Anthony Vavayis & Assoc. | Six storey development with 27 residential apartments and 3 commercial units | 28/10/98 |
| " | 345/98 | 39-41 Park Road, Hurstville | A McFadyen | 45 units, 2 commercial premises and basement parking | 27/10/98 |
| " | 415/98 | 63 Millett Street, Hurstville | Provincial Homes Pty Ltd | Two storey dwelling | 16/10/98 |
| " | 436/98 | 13 MacMahon Street, Hurstville | Caporale Designs Pty Ltd | Stage 1 of development - basement excavation | 2/10/98 |
| " | 624/97 | 12-22 Dora Street, Hurstville | Wholohan Charlesworth & Associates | Commercial/residential units 21x3,101x2 and 21x1 bedrooms and basement carparking | 12/10/98 |
| | | | | |
| Penshurst | 243/98A | 32 Bungalow Road, Peakhurst | Mr V Gopalakrishnan | Addition to dwelling amendment | 21/10/98 |
| " | 442/98 | 84 Penshurst Street, Penshurst | Southside Timbers Pty Ltd | Three storey mixed commercial, residential and retail building | 14/10/98 |
| " | 445/98 | 46 Mavis Avenue, Peakhurst | Ms L, Ms S, Miss C Touma and Mr J, Mr P, Mrs L Hachem | Attached dual occupancy dwellings and basement garages | 14/10/98 |
| " | 449/98 | 78 Broadarrow Road, Narwee | Mr Y Abouloukme | Timber and glass partitions in classroom | 13/10/98 |
| | | | | |
| Peakhurst | 81/98 | 66 Henry Lawson Drive, Peakhurst | Mr R A Patterson | Alterations to dwelling, awning and deck | 14/10/98 |
| " | 335/98 | 40 Shenstone Road, Riverwood | Mr P Cross | Rear addition to dwelling, carport and swimming pool | 15/10/98 |
| " | 395/97A | 36 Belmore Road, Peakhurst | Mr J R Appleby | First floor addition and carport - amendment | 20/10/98 |
| " | 414/98 | 19 Douglas Haig Street, Oatley | Mr J M Mazza | Detached dual occupancy | 22/10/98 |
| " | 425/98 | 45 Boundary Road, Mortdale | CBS Civic Building Surveyors | 3x3 bedrooms attached villa dwellings and 6 parking spaces | 6/10/98 |
| " | 433/98 | 176 Lugarno Parade, Lugarno | XQZ | Attached dual occupancy dwellings | 8/10/98 |
| " | 636/97A | 46 Woodlands Avenue, Lugarno | Krslovic Homes | New two storey dwelling and garage | 7/10/98 |
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 | 831/97 | 294 Gloucester Road, Beverly Hills | Masterton Homes Pty Ltd | Two storey dwelling - five bedrooms (amended plans) | 22/10/98 |
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: .05.01 DEVELOPMENT & HEALTH |
HEADING: Recommendation BUILDING APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY - 1ST OCTOBER, 1998 TO 31ST OCTOBER, 1998 (Report by Divisional Manager - Development & Health, Mr D Beaumont) (File T/01243)
. Recommendation BUILDING APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY - 1ST OCTOBER, 1998 TO 31ST OCTOBER, 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 |
06.05.02 IMPLEMENTATION OF THE NEW DINE-OR-DRINK RESTAURANT LEGISLATION (Report by Divisional Manager - Development & Health, Mr D Beaumont) (File B/00021)
- The following letter has been received from the Hon J Richard Face MP, Minister for Gaming and Racing:-
- "I am writing to advise you about important amendments to the NSW Liquor Act which are planned to commence on 1 November 1998.
Under the amendments (passed by the Parliament on 24 September), licensed restaurants in NSW will be able to apply to the Licensing Court for a dine-or-drink authority, which if granted will allow them to allocate up to 30% of their dining seats to patrons who are not dining. In other words, those restaurants will be permitted to serve patrons who wish to buy a drink without eating, but they will be subject to a statutory 30% limit. To ensure restaurants continue to give priority to diners, the legislation requires at least 70% of dining seats to be reserved at all times for diners. The legislation also contains specific and stringent compliance measures.
In relation to the advertising of dine-or-drink applications, it is the Government's intention that existing licensed restaurants applying for the new authority will not be subject to the requirements to advertise their application. This is on the basis that they have already been through the advertising process in order to obtain their restaurant licence, and that the venue has not changed its purpose (ie the primary purpose continues to be a restaurant). I am advised that the Licensing Court may still require advertising. Applications for new restaurant licenses will continue to be required to be advertised (and will include reference to the application for a dine-or-drink authority).
Councils of course will have the opportunity to object to the grant of these applications. It is intended that all applicants for a dine-or-drink authority will be required to notify the Local Council of their application, as well as display a notice on their premises about the application (advising of the Court hearing date and details). Police will also be notified, and the Director of Liquor and Gaming will review every application in terms of compliance matters.
The legislation is significant for the NSW hospitality industry, as well as for small business. The Gaming and Racing portfolio is giving priority to implementing the legislation so that applications can be processed smoothly from 1 November. Councils will also receive information about the new legislation as part of Gaming and Racing's Bulletin program."
| HURSTVILLE CITY COUNCIL RECOMMENDATION NO: .05.02 DEVELOPMENT & HEALTH |
HEADING: Recommendation IMPLEMENTATION OF THE NEW DINE-OR-DRINK RESTAURANT LEGISLATION (Report by Divisional Manager - Development & Health, Mr D Beaumont) (File B/00021)
. Recommendation IMPLEMENTATION OF THE NEW DINE-OR-DRINK RESTAURANT LEGISLATION (Report by Divisional Manager - Development & Health, Mr D Beaumont) (File B/00021)
RECOMMENDATION
- THAT the information be noted.
* * * *
Yours faithfully
D Beaumont