AGENDA OF Policy Planning and Environment 14 June 2000

HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________

SUMMARY OF ITEMS CONTAINED IN THE
DIVISIONAL MANAGER - POLICY PLANNING AND ENVIRONMENT'S REPORT
TO THE MEETING OF THE ENVIRONMENT COMMITTEE
TO BE HELD ON 14TH JUNE, 2000

07:01 Dual Occupancy - Draft Development Control Plan & Draft Local Environment Plan (Amendment No. 3)
(Report By Strategic Planner, Mr M Jericho)
(File. T/01213, T/01383)

07:02 31 Ogilvy Street, Peakhurst - Draft Hurstville Local Environment Plan 1994 (Amendment No.*)
(Report By Student Strategic Planner, Miss L Locke)
(File. 000778)

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
POLICY PLANNING & ENVIRONMENT

DIVISIONAL MANAGER - POLICY PLANNING AND ENVIRONMENT
REPORT NO 01TO THE ENVIRONMENT COMMITTEE
TO BE HELD ON 14/06/2000

The General Manager
Hurstville City Council
The Civic Centre
HURSTVILLE

Dear Sir,

Hereunder is my report No.01 to be submitted to the ENVIRONMENT Committee:-

07.01 DUAL OCCUPANCY - DRAFT DEVELOPMENT CONTROL PLAN & DRAFT LOCAL ENVIRONMENT PLAN (AMENDMENT No. 3)
(Report by Strategic Planner, Mr M Jericho)
(File. T/01213, T/01383)

EXECUTIVE SUMMARY

Council will recall a draft Local Environmental Control Plan (LEP) and draft Development Control Plan (DCP) for dual occupancy housing.

The controls permit dual occupancy only in the form of single buildings containing attached dwellings (one or two storeys). The creation of a second detached dwelling in the rear yard of a property is prohibited, except for corner sites and sites with dual street or rear lane access.

By only allowing dual occupancy as attached dwellings, backyards are retained and the area allocated for garden and landscaping is increased.

A dual occupancy development will be permitted on residential land that has a minimum site area of 630 sq. metres and a minimum street frontage of 15 metres. For developments within the foreshore scenic protection area, a minimum site area of 1000 sq. metres is required via draft LEP Amendment No. 10. The Plans will not apply to land identified as north Beverly Hills.

The Plans were publicly exhibited in 1999 and have been amended following recent Council resolutions and a series of workshops.

The draft LEP introduces a definition for “dual occupancy” and amends the definition of “multiple dwellings” from “2 or more dwellings” to “3 or more dwellings”. It also permits minor extensions to an existing detached dwelling so that it can be converted into a dual occupancy.

The DCP provides the detailed controls and designs for dual occupancy housing adopting the Urban Form Methodology. This tailors appropriate planning controls to a particular site through the use of building envelopes which define the future building form. These controls provide definite outcome based controls.

The Plans will provide specific controls and will replace the dual occupancy controls contained in Council’s Interim Residential Development Code.

This report seeks Council’s approval to re-exhibit the revised controls.

DRAFT LEP

The LEP amendment will introduce provisions for “dual occupancy”, amend the definition for “multiple dwellings” and permit minor extensions to a detached dwelling so that it can be converted to a dual occupancy.

The draft LEP permits a dual occupancy only in the form of single buildings containing attached dwellings (one or two storeys). This may include two dwellings side by side attached by a common wall or a two storey dwelling with one dwelling above the other. These dual occupancies may be subdivided by Torrens Title along the common wall, or Strata subdivided vertically (between storeys).

The creation of a second dwelling in the rear yard of a property is prohibited, except for corner sites and sites with dual street or rear lane access.

The draft LEP needs to be read in conjunction with the draft DCP for Dual Occupancy Housing which details the specific guidelines and controls.

DRAFT DCP

What Information Does the Dual Occupancy Draft DCP Contain?

* Detailed design principles and development controls for dual occupancy housing

* ‘Building envelopes’ for typical types of dual occupancy housing

* Indicative architectural illustrations relating to the specified ‘building envelopes’

The controls move away from large “project homes” and require dual occupancy housing to be appropriately sited and designed.

Building envelopes for six dual occupancy development options have been illustrated.

What Changes Have Been Made to the Draft DCP?

The draft DCP has been revised to incorporate all recent resolutions and policy positions of Council. In addition, the text of the document has been simplified, with intent and meaning clarified.

The changes made to the draft DCP are summarised below:

Site Area

- 630 sq. m (315 sq. m for each dwelling).

Frontage

– 15m. Provisions have been made for irregular sized lots to be considered, where the frontage may be less than the required 15m, provided the site conforms to the required minimum site area.

Side setbacks

- 1.5 metres.

Front setbacks

- 5.5 metres (to provide for car space).

Rear setbacks

– variable in line with house length (minimum 10m and maximum 14m).

FSR

– Ranges from 0.4:1 to 0.6:1. Reduced by increasing setbacks and landscaped area for a site.

Numerical controls introduced

for aspects of building design, overshadowing and landscaping.

Shared driveways

– strongly encouraged wherever possible.

Carports discouraged

– poor presentation to the streetscape.

Format of the DCP

The DCP is divided into 4 parts:

* Part 1 provides

general information and instructions

on how to use the plan.

* Part 2 provides

Guidelines and Controls

that establish the building envelope, building design, landscaping and parking requirements and acceptable levels of privacy, solar access and general amenity.

* Part 3 provides the

Table of Controls

and the

Building Envelope Graphics

illustrating the Guidelines and Controls, defining building setback and height, floor space ratio, roof form and roof pitch.

* Part 4 provides

indicative architectural illustrations

of different building types which relate to the ‘building envelopes’.

* Various appendices provide additional information.

COMMUNICATION STRATEGY

The dual occupancy controls represent a new policy direction for Council and significantly alter previous controls. As a result, a communication strategy will be implemented to ensure the community and property owners are informed and aware of the changes.

The communication strategy will implement:

* the legislative consultation requirements; and

* additional requirements.

Legislative requirements

In accordance with the Environmental Planning and Assessment Act and Regulation, the draft Plans will be on public exhibition for a period of 28 days with an advertisement placed in the ‘Public Notices’ section of The Leader.

Additional Requirements

In addition to the legislative requirements detailed above, it is proposed to undertake the following:

1. Refer to the exhibition in the Mayoral comment in The Leader;

2. Place the draft Plans and the explanatory notes on Council’s web site;

Hold an information evening for interested residents and property owners; and

Inform the call centre, library and the switchboard of the exhibition.

The information evening would be held during the public exhibition period. This would allow members of the community to ask Policy, Planning and Environment staff any questions they may have on the dual occupancy policy in an informal environment.

4. Brochure

An additional option that could be used would be the distribution of an information brochure to all households in the Council area, advising them of the changes to dual occupancy development and exhibition of the draft plans. This would provide the wider public with an opportunity to comment.

The approximate costs associated with this would be relatively substantial and involve:

Printing & Design $2100

Distribution $2000 (approximately 27,000 households)

It is recommended that Council determine its position in regard to this possible brochure option having regard to costs, value for money and how much the policy should be actively promoted.

A copy of the draft DCP has been distributed to Councillors prior to the Council meeting. The draft LEP is attached below.

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994
(AMENDMENT No. 3)

I, the Minister for Urban Affairs and Planning, in pursuance of section 70 of the Environmental Planning and Assessment Act, 1979, make the local environmental plan set out hereunder.

Minister for Urban Affairs and Planning.

Sydney, 2000.

_________________________________________

Citation

1. This plan may be cited as Hurstville Local Environmental Plan 1994 (Amendment No. 3).

Aims, objectives, etc.

2. The aims and objectives of this plan are to amend Hurstville Local Environmental Plan 1994 so as:

(a) to introduce a definition for “dual occupancy”;

(b) to prohibit proposals which result in development of the backyard of a dwelling house to create a second dwelling;

(c) to permit an existing dwelling to be converted to a dual occupancy provided it is attached; and

(d) to amend the definition of “multiple dwellings” so that it refers to 3 or more (instead of 2 or more) dwellings.

Land to which plan applies

3. Unless otherwise provided for in Hurstville Local Environmental Plan 1994, this plan applies to all land within the local government area of the City of Hurstville.

Relationship to other environmental planning instruments

4. This plan amends Hurstville Local Environmental Plan 1994 in the manner set out in clause 5.

Amendment of Hurstville Local Environmental Plan 1994

5. Hurstville Local Environmental Plan, 1994 is amended:

(a) by inserting after the definition of “demolition” in clause 5 (1) the following definition:

“dual occupancy” means two dwellings on a single allotment of land;

(b) by removing the definition of “multiple dwellings” from clause 5 (1) and by inserting instead the following definition:

“multiple dwellings” means a building or buildings, consisting of 3 or more dwellings (whether or not attached), where each dwelling has an individual entrance and direct private access to private open space at natural ground level, and includes villas, town houses, terraces, cluster housing, and the like;

(c) by inserting under the heading “

2. Only with development consent

” and after the words “community facilities;” in the Table to Part 2 in the matter relating to Zone No. 2 (the Residential Zone) the following words:

“dual occupancies;”.

(d) by inserting under the heading “

3. Prohibited

” and after the words “caravan parks;” in the Table to Part 2 in the matter relating to Zone No. 4 (the Light Industrial Zone) the following words:

“dual occupancies;”.

(e) by inserting after clause 11 the following clause:

11A Dual occupancies

(1) Notwithstanding any other provisions of this plan, the objectives of this clause are to:

(a) prohibit the creation of a second detached dwelling within the backyard of an existing property; and

(b) encourage the development of a second dwelling in the form of:

(i) first floor additions to an existing detached dwelling; or

(ii) new attached dwellings; and

(c) allow minor extensions to an existing detached dwelling to provide additional floor space required to create a second dwelling.

(2) Unless otherwise provided for in this plan, this clause applies to all land within the local government area of the City of Hurstville.

(3) The council must not consent to the erection of a second detached dwelling in the backyard of a dwelling house except in respect of corner allotments or sites which have rear lane or dual street access.

(4) The council may consent to the creation of a second attached dwelling at the rear of an existing dwelling house if:

(a) any additional floor space to be created does not constitute more than 20% of the total site area; and

(b) the length of any building extension does not exceed 25% of the shortest perpendicular distance measured from the rear alignment of the existing dwelling to the rear boundary of the allotment; and

(c) such an addition is of single storey construction.

(5) For the purposes of this clause, an attached dwelling means a dwelling attached to another dwelling by a common wall, where the dwellings maintain the appearance of a single integrated building. Dwellings are not attached dwellings for the purposes of this clause where they are connected by breezeways, carports or the like.

______________________________________

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .01
POLICY PLANNING & ENVIRONMENT

. Recommendation DUAL OCCUPANCY - DRAFT DEVELOPMENT CONTROL PLAN & DRAFT LOCAL ENVIRONMENT PLAN (AMENDMENT No. 3)
(Report by Strategic Planner, Mr M Jericho)
(File. T/01213, T/01383)

RECOMMENDATION

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
POLICY PLANNING & ENVIRONMENT

07.02 31 OGILVY STREET, PEAKHURST - DRAFT HURSTVILLE LOCAL ENVIRONMENT PLAN 1994 (AMENDMENT No.*)
(Report by Student Strategic Planner, Miss L Locke)
(File. 000778)

EXECUTIVE SUMMARY

Council has received an application to rezone No. 31 Ogilvy Street Peakhurst from Zone No. 2 - Residential to Zone No. 3(a) - Neighbourhood Business. The site is known as Lot 47, DP 867582 and has an approximate area of 396.24sqm.

The applicant is seeking to rezone the site in line with the adjoining commercial properties to the north. The adjoining properties to the south of 31 Ogilvy Street are zoned 2(A) residential and are predominantly single story detached dwellings.

The site currently comprises a dwelling house that is used commercially as a Physiotherapy practice. The applicant is proposing a rezoning to regularise this existing use and to allow for possible future commercial expansion.

It is considered that the rezoning of the site will have minimal adverse impacts on the surrounding commercial and residential properties as it is simply extending the existing business zone by one property.

It is recommended that this rezoning be supported as it would be consistent with the northern adjoining properties.

EXISTING CONTEXT:

The site is located opposite an indoor pool and sports centre and a school and is also located within 100m of Henry Lawson Drive.

APPROVALS HISTORY:

A Development Application (DA – 275/97) for health consulting rooms was approved in January 1998 with hours of operation between 8:00am and 8:00pm Monday to Friday and 9:00am and 2:00pm on Saturday. The approval was for the entire premises. Condition 6 of the consent stipulated that the premises may be occupied solely for the approved use and no separate occupation or use is permissible. There are two houses on the site and the consent relates to the entire building of 1/31 Ogilvy Street and three rooms of 2/31 Ogilvy Street.

A further S.E.P.P. 4 application (19988460) was approved in 1998 to change the use to private physiotherapy rooms with the same conditions as the previous consent.

CONCLUSION:

It is considered that such a rezoning would not be inappropriate in the area given the surrounding land uses and buildings.

It should be noted that a rezoning would allow for the site to be redeveloped in a more commercial fashion however this could only take place in line with recent changes to Council’s LEP in relation to Business Zones.

In broad terms, such a development would be limited to 2 storeys and 1.5:1 with a maximum residential component of 0.5:1 and could be made to complement the area quite well. No major concern is raised in this regard.

A copy of the draft LEP has been attached to this report.

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994
(AMENDMENT No. *)

I, the Minister for Urban Affairs and Planning, in pursuance of section 70 of the Environmental Planning and Assessment Act 1979, make the local environmental plan set out hereunder.

Minister for Urban Affairs and Planning.

Sydney, 2000.

_______________________________________________

Citation

1. This plan may be cited as Hurstville Local Environmental Plan 1994 (Amendment No. *)

Aims, objectives etc.

2. The aim of this plan is to rezone land from Zone No. 2 - Residential to Zone No. 3 - Neighbourhood Business under Hurstville Local Environmental Plan 1994.

Land to which plan applies

3. This plan applies to land within the Hurstville City local government area, being land known as 31 Ogilvy Street, Penshurst, being Lot 47 DP 867582 as shown edged heavy black on the map marked "Hurstville Local Environmental Plan 1994 (Amendment No *)" deposited in the office of Hurstville City Council.

Relationship to other environmental planning instruments

4. This plan amends Hurstville Local Environmental Plan 1994 in the manner set out in clause 5.

Amendment of Hurstville Local Environmental Plan 1994

5. Hurstville Local Environmental Plan 1994 is amended by inserting at the end of the definition of "the map" in clause 5(1) the following words:

Hurstville Local Environmental Plan 1994 (Amendment No. *)

_______________________________________________

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02
POLICY PLANNING & ENVIRONMENT

. Recommendation 31 OGILVY STREET, PEAKHURST - DRAFT HURSTVILLE LOCAL ENVIRONMENT PLAN 1994 (AMENDMENT No.*)
(Report by Student Strategic Planner, Miss L Locke)
(File. 000778)

RECOMMENDATION

THAT

FURTHER, THAT

Rhonda Tyne

DIVISIONAL MANAGER

POLICY, PLANNING & ENVIRONMENT

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
POLICY PLANNING & ENVIRONMENT

ADDENDUM

07.03A Section 94 Contributions Plan - Community Services and Facilities
(Report by Strategic Planner, Mr L O'Dwyer)
(File. T/01270)

Executive Summary

At its meeting of 25 August 1999, Council resolved to amend its Section 94 Plan for Community Services and Facilities.

Section 94 contributions are a method whereby Council can levy charges on developers to provide public facilities that will be required as a consequence of their development.

The Plan was initially exhibited for a period of 28 days during September, 1999. Subsequent to that first exhibition period, it was felt that changes to the Plan were necessary. These changes included:

* Greater demographic information

* Stronger nexus arguments

* Revised contribution rates

The Plan was exhibited for a second time between late February and March. One comment was received.

Again, minor changes were required and this report now recommends that the current draft amended Community Services and Facilities Plan be adopted with several additional, changes outlined below:

* Revised population growth forecast for the Hurstville Local Government Area

* Modified household occupancy ratios

* Lower contribution rates

Details of the revised contribution rates are contained within this report and are included in the draft Plan, a copy of which was circulated to Councillors prior to the meeting. The changes to the Plan are brought to the careful attention of Councillors. While the levies have been reduced since the initial exhibition, they do represent a general increase in the rate for community services and facilities

The Public Exhibition Process

First Exhibition

The Plan was publicly exhibited for a period of 28 days (between Tuesday, September 5, 1999 and Tuesday, October 5, 1999) in accordance with the Environmental Planning and Assessment Regulation, 1994. Two advertisements (informing the community of the draft Plan) were placed in the St George and Sutherland

Leader

on September 5, 1999, and September 19, 1999.

The Plan was available for public inspection at Council’s Civic Centre, the information desk at Hurstville Central Library, and the counter of the Policy Planning and Environment Division.

No written responses were received in relation to the exhibited Plan, nor were any telephone calls registered expressing any concerns about the Plan.

Second Exhibition

Subsequent to the initial exhibition period, some changes to the Plan were considered appropriate. Specifically, these changes related to the addition of further information to the Plan as well as increasing the contribution rates within the Plan due to the expansion of the proposed Schedule of Works.

The contribution rates were revised in light of the following:

* a considerable expansion in the number of items on the Schedules of Works for the Plan;

* consultation with Council’s Executive with respect to the desired level of service Council intends to provide to the community in the future;

* an acknowledgment that Council’s Contributions Plans have not been substantially revised since their initial adoption in 1993. As a result, the new rates reflect not only the additional items, but also the increased costs in providing these services and facilities to the community.

The new information that was added to the Plan included greater demographic analysis, stronger arguments in relation to levels of provision and bolstering the nexus (link) arguments that are essential in being able to levy contributions. These changes were undertaken to strengthen the substantive material within the Plan and better ascertain the appropriate scope of its application.

The revised Plan was exhibited between Tuesday, February 29, 2000, and Tuesday March 28, 2000, in accordance with the provisions of the Environmental Planning and Assessment Regulation. Two advertisements were placed in the St George and Sutherland

Leader

on February 29, 2000, and March 16, 2000.

The Plan was available for public inspection at Council’s Civic Centre, the information desk at Hurstville Central Library, and the counter of the Policy, Planning and Environment Division. In addition, letters were also posted to local State Parliamentary members.

Only one submission was received in relation to the Plan. This was from Ms M Cook, the Chief Executive Officer of Learning Links. Learning Links is a leading provider of childhood education services and has offices operating throughout the Sydney metropolitan area.

Ms Cook’s submission was concerned with the fact that there is no apparent provision for the specific needs of children with disabilities. The submission notes that while the proportion of people aged 0-12 is rising, there are no strategies in place to deal with the special needs children with disabilities other than to continue to provide generalist children’s services.

A response addressing the concerns raised in the Learning Links submission was forwarded to Ms Cook shortly after her letter was received. It was explained that the items on the Plan were determined on a needs basis. In time, the needs of Council may change as might the Schedule of Works. Furthermore, it was highlighted that all of the facilities in the Plan are designed to be of use to all members of the Hurstville community. Ms Cook was assured that her submission would be considered and that her concerns would be raised in front of Council.

Status of the Plan since the exhibition period

Since the exhibition period some minor adjustments to the Plan have been undertaken. These are mainly editing / grammatical changes which are fairly innocuous. Even so, additional demographic analysis has been undertaken to ensure that the information contained within the Plan is as up to date as possible.

The demographic changes include:

* A revised population growth forecast for the Hurstville Local Government Area

* Modified household occupancy ratios

As a consequence of incorporating the above demographic changes, the contribution rates have varied slightly resulting in a drop in the total contributions rates. This is evident in the table below:

Dwelling Type	Old Rate	New Rate
Small	$2,819	$1,518
Medium	$3,171	$2,476
Large	$3,876	$3,472
Detached (subdivision)	$5,286	$4,674

(Note: By way of technical explanation, the apportioned rate of 63% has not changed.)

The draft plans have been circulated to Council prior to the meeting.

Conclusion

Even though the Plan has been subject to some minor but necessary changes, it is considered that these changes do not warrant any further exhibition / consultation process. This is due the fact that the amendments do not alter the scope, intent or form of the Plan. The changes merely contain updated information which result in a

reduced

contributions rate.

Clause 30 of the EPA Act Regulation allows Council to;

(a) approve the plan in the form it was exhibited; or

(b) approve the plan with such alterations as the Council sees fit; or

Consequently, it is recommended that Council adopt this Plan with minor alterations as described in this report.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03A
POLICY PLANNING & ENVIRONMENT

. Recommendation Section 94 Contributions Plan - Community Services and Facilities
(Report by Strategic Planner, Mr L O'Dwyer)
(File. T/01270)

RECOMMENDATION

THAT Council resolve, pursuant to Section 94B of the Environmental Planning and Assessment Act, 1979, and in accordance with Clause 30 of the Environmental Planning and Assessment Regulation 1994 to approve Hurstville City Council Draft Section 94 Plan No.4 – Community Services and Facilities, with several minor changes as set out in this report.

Rhonda Tyne

DIVISIONAL MANAGER

POLICY, PLANNING & ENVIRONMENT