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

SUMMARY OF ITEMS TO BE ADDRESSED AT
THE DEVELOPMENT ASSESSMENT COMMITTEE MEETING
TO BE HELD ON 2ND APRIL, 2003


Summary:
Item No: DAC004 - 03 - DEVELOPMENT APPLICATIONS - HURSTVILLE WARD

Item No: DAC004.01 - 03 - 34 CALOOLA CRESCENT, BEVERLY HILLS (DA 20030090) FIRST FLOOR ADDITION TO DWELLING HOUSE
(Report By Development Assessment Officer, Mr P O'Reilly)

Item No: DAC004.02 - 03 - 30 WESTBROOK STREET, BEVERLY HILLS (DA 20030009)
ERECTION OF A TWO STOREY DUAL OCCUPANCY (DUPLEX) AND GARAGE, STRATA SUBDIVISION AND DEMOLITION OF PART OF EXISTING DWELLING HOUSE AND GARAGE
(Report By Town Planner, Ms P Thomson)

Item No: DAC004.03 - 03 - 228 CARRINGTON AVENUE, HURSTVILLE (DA 20021080)
ERECTION OF A SINGLE STOREY DWELLING HOUSE
(Report By Development Assessment Officer, Mr P O'Reilly)

Item No: DAC004.04 - 03 - 458-460 FOREST ROAD, HURSTVILLE (DA 19970201) SECTION 96 MODIFICATION TO DA 201/97 FOR A STAGED DEVELOPMENT
(Report By Manager - Development Assessment, Mr P Thomas)

Item No: DAC004.05 - 03 - 226 CARRINGTON AVENUE, HURSTVILLE (DA 20030042) FIRST FLOOR ADDITION TO DWELLING HOUSE
(Report By Development Assessment Officer, Mr P O'Reilly)

Item No: DAC004.06 - 03 - 42 PARK ROAD, HURSTVILLE (DA 20020851)

CHANGE OF USE TO BEAUTY SALON/MASSAGE CENTRE
(Report By Town Planner, Ms P Thomson)

Item No: DAC004.07 - 03 - 350 FOREST ROAD, HURSTVILLE (DA 20030064)

EXTENSION OF SUNDAY TRADING HOURS 10.00AM TO 12.00 MIDNIGHT
(Report By Development Assessment Officer, Mr P Nelson)

Item No: DAC004.08 - 03 - 73 BASSETT STREET, HURSTVILLE (DA 20021018)

DEMOLITION OF THE EXISTING DWELLING HOUSE
AND THE ERECTION OF A CHILD CARE CENTRE
(Report By Manager - Development Assessment, Mr P Thomas)

Item No: DAC004.09 - 03 - 218-230 FOREST ROAD, HURSTVILLE (DA 20030055) INTERNAL ALTERATIONS AND REFURBISHMENT OF AN EXISTING HOTEL BUILDING
(Report By Manager - Development Control, Mr G Young

and Senior Health & Building Surveyor, Mr G Deehan)

Item No: DAC005 - 03 - DEVELOPMENT APPLICATIONS - PENSHURST WARD

Item No: DAC005.01 - 03 - 586-588 KING GEORGES ROAD, PENSHURST (DA 20021033)
SECTION 82A REVIEW OF DETERMINATION (REFUSAL) IN
RELATION TO A CHILD CARE CENTRE
(Report By Manager - Development Assessment, Mr P Thomas)

Item No: DAC005.02 - 03 - 31 DELVES STREET, MORTDALE (DA 20021084)

ERECTION OF AN ATTACHED DUAL OCCUPANCY WITH TORRENS TITLE SUBDIVISION
(Report By Manager - Development Assessment, Mr P Thomas)

Item No: DAC005.03 - 03 - 669-671 FOREST ROAD, PEAKHURST AND 8-12 NEILSON AVENUE, PEAKHURST (DA 20020801)

SEPP 5 APPLICATION - AGED CARE FACILITY
(Report By Manager - Development Assessment, Mr P Thomas)

Item No: DAC005.04 - 03 - 12 OMARU STREET, BEVERLY HILLS (DA 20030098) PROPOSED DUAL OCCUPANCY DEVELOPMENT WITH DEMOLITION OF EXISTING DWELLING HOUSE AND TORRENS TITLE SUBDIVISION
(Report By Acting Development Assessment Officer,

Ms L Sarayeldin)

Item No: DAC006 - 03 - DEVELOPMENT APPLICATIONS - PEAKHURST WARD

Item No: DAC006.01 - 03 - LOT 4, 37-45 WOODLANDS AVENUE, LUGARNO

(DA 20010371) SECTION 82A REVIEW OF DETERMINATION
(Report By Manager - Development Assessment - Mr P Thomas)

Item No: DAC006.02 - 03 - 827 FOREST ROAD, PEAKHURST (DA 20030033) DEMOLITION OF THE EXISTING DWELLING HOUSE AND THE ERECTION OF AN ATTACHED DUAL OCCUPANCY WITH TORRENS TITLE SUBDIVISION
(Report By Development Assessment Officer, Mr P Nelson)

Item No: DAC006.03 - 03 - 5 BOYD AVENUE, LUGARNO (DA 20021102)

FIRST FLOOR ADDITION TO EXISTING DWELLING HOUSE
(Report By Development Assessment Officer, Mr T Ristevski)

Item No: DAC006.04 - 03 - 55 ALLWOOD CRESCENT, LUGARNO (DA 20021092)
ALTERATIONS AND ADDITIONS TO SINGLE DWELLING HOUSE
(Report By Development Assessment Officer, Mr T Ristevski)

Item No: DAC006.05 - 03 - 5 STRINGYBARK PLACE, LUGARNO (DA 20020886)

NEW PART TWO AND PART THREE STOREY DWELLING HOUSE AND INTERNAL INGROUND SWIMMING POOL
(Report By Development Assessment Officer, Mr T Ristevski)

Item No: DAC006.06 - 03 - 3/37 WOODLANDS AVENUE, LUGARNO (DA 20021000) ERECTION OF A PART 2, PART THREE STOREY DWELLING HOUSE
(Report By Manager - Development Assessment, Mr P Thomas)

Item No: DAC006.07 - 03 - 19 CHARLES STREET, RIVERWOOD (DA 20030076) PROPOSED DUAL OCCUPANCY DEVELOPMENT WITH DEMOLITION OF EXISTING DWELLING HOUSE
(Report By Acting Development Assessment Officer,

Ms L Sarayeldin)

Item No: DAC006.08 - 03 - 13 BALLANDA AVENUE, LUGARNO (DA 20030017) ALTERATIONS AND ADDITIONS TO EXISTING DWELLING HOUSE
(Report By Development Assessment Officer, Mr T Ristevski)

Item No: DAC006.09 - 03 - 68B LLEWELLYN STREET, OATLEY (DA 20020917)

ERECTION OF A TWO STOREY DWELLING HOUSE WITH BASEMENT GARAGES
(Report By Development Assessment Officer, Mr T Ristevski)

Item No: DAC006.10 - 03 - 69A WOODLANDS AVENUE, LUGARNO (DA 20021122) TORRENS TITLE SUBDIVISION INTO TWO LOTS AND ADJUSTMENT OF FORESHORE BUILDING LINE
(Report By Town Planner, Ms P Thomson)

Item No: DAC006.11 - 03 - 13A ELWIN STREET, PEAKHURST (DA 20021032)

ERECTION OF A TWO STOREY DWELLING HOUSE
(Report By Development Assessment Officer, Mr P O'Reilly)

Item No: DAC006.12 - 03 - 9 LLEWELLYN STREET, OATLEY (DA 20020829)

ERECTION OF A TWO STOREY DWELLING HOUSE
(Report By Development Assessment Officer, Mr T Ristevski)





___________________________________________________________________________
Meeting No. 4 to be held on 2nd April, 2003


26th March, 2003

His Worship the Mayor and the Councillors

Dear Member,

I have by direction to request your attendance at a DEVELOPMENT ASSESSMENT COMMITTEE meeting of the Council to be held in the Council Chamber, Civic Centre, Hurstville, on WEDNESDAY 2ND APRIL, 2003 at 7.00 P.M. to deal with the Business herein mentioned.

Yours faithfully,


GENERAL MANAGER
B U S I N E S S:


5.30 p.m. Dinner

7.00 p.m. 1. Apologies

2. Disclosure of Interest

3. Confirmation of Minutes of Committee Meeting held on 5/03/03 4. Consideration of reports submitted by the:
COMMITTEE MEMBERSHIP: QUORUM: 7

Full Council


Meeting Date: 02/04/2003


DAC004.01 - 03

34 CALOOLA CRESCENT, BEVERLY HILLS (DA 20030090) FIRST
FLOOR ADDITION TO DWELLING HOUSE

APPLICANT

Mr RM Jackson and Mrs CL Jackson

PROPOSAL

First Floor Addition to Dwelling House

ZONING

Zone 2 - Residential, Development Area B

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environment Plan 1994, Hurstville City
Council Code for Single Dwelling Houses

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mr RM Jackson and Mrs CL Jackson

EXISTING DEVELOPMENT

Two Storey Dwelling House with Attached Double Garage

COST OF DEVELOPMENT

$31,000.00

REASON FOR REFERRAL TO COUNCIL

One Objection Received

REPORT AUTHORS

Development Assessment Officer, Mr P O'Reilly

FILE NO

DA 20030090


EXECUTIVE SUMMARY

  1. This application seeks to add a media room at first floor level of about 57sqm in area.
  2. The proposal complies with the Hurstville City Council's Code for Single Dwelling Houses.
  3. One objection has been received.



RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.
___________________________________________________________________________

REPORT DETAIL


APPENDIX



COMMITTEE'S DECISION

THAT the application be deferred for inspection and report by Ward Councillors.
(Moved Clr M Lynch/Seconded Clr M Frawley)

Meeting Date: 02/04/2003


DAC004.02 - 03

30 WESTBROOK STREET, BEVERLY HILLS (DA 20030009)
ERECTION OF A TWO STOREY DUAL OCCUPANCY (DUPLEX)
AND GARAGE, STRATA SUBDIVISION AND DEMOLITION OF
PART OF EXISTING DWELLING HOUSE AND GARAGE

APPLICANT

Huntington & MacGillivray

PROPOSAL

Erection of a Two Storey Dual Occupancy (Duplex) and
Garage, Strata Subdivision and Demolition of Part of Existing
Dwelling House and Garage

ZONING

Zone - 2 Residential

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Development
Control Plan No. 11 - Dual Occupancy

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Saad Construction Pty Ltd and Tolbard Pty Ltd

EXISTING DEVELOPMENT

Single Storey Dwelling House

COST OF DEVELOPMENT

$400,000.00

REASON FOR REFERRAL TO COUNCIL

Retention of Trees

REPORT AUTHORS

Town Planner, Ms P Thomson

FILE NO

DA 20030009


EXECUTIVE SUMMARY

  1. The application seeks Council approval for the construction of a double tandem garage on the boundary and alterations and the addition of a first floor to the existing dwelling house to form a dual occupancy (duplex).
  2. The development application was notified to adjoining neighbours and no submissions were received during the fourteen (14) day period.
  3. The proposal does not fully comply with Development Control Plan No 11 - Dual Occupancy.
  4. Two (2) large Eucalyptus trees are proposed to be removed from the site. Council's Tree Preservation Officer does not support the removal of these trees.



RECOMMENDATION

THAT Council determine the application by the adoption of either recommendation A (for refusal) or recommendation B (for approval).
___________________________________________________________________________

REPORT DETAIL


SITE AND SURROUNDING DEVELOPMENT

The subject site is located on the corner of the intersection of Westbrook Street and Illawarra Parade. Morgan Street is located slightly to the east of this intersection. The site is orientated towards the north and is 810sqm in area. The site is irregular in shape and has a 28.9m frontage to Illawarra Parade, a 28.9m frontage to Westbrook Street and a 8.075m splay corner to the intersection.

A single storey dwelling house and detached garage are currently located on the site. Two large Eucalyptus trees are located at the rear of the site.


PROPOSAL

The application seeks the consent of Council to make alterations to the existing dwelling house to form a dual occupancy (duplex); being one dwelling on top of the other.

The alterations include:

- The ground floor is to be extended and altered at the front and rear of the existing dwelling house and will form one occupancy. The proposed layout includes four bedrooms, bathroom, ensuite, dining, living, kitchen, laundry and family room.

This dwelling is to be accessed from the Westbrook Street frontage and has a separate entrance.

- A first floor is to be added onto the existing dwelling house to form a separate occupancy. This floor contains four bedrooms, bathroom, ensuite, living, dining, family, kitchen and laundry. A balcony has been located off the family room and bedroom four and both face the street.

This dwelling is accessed via a new stairwell, which is to be constructed along the Westbrook Street frontage of the site. This stairwell is only for the first floor occupants.

A tandem double garage is to be constructed along the rear boundary adjoining 15 Illawarra Parade. This garage is 14m in length, 6.3m in width and is divided into two. Access into the garages and private open space is divided in such a way that both dwellings retain private access to the garages and open space at ground level.

Two large Eucalyptus trees are located in the rear yard and are proposed to be removed.


ASSESSMENT OF DEVELOPMENT

The proposal has been assessed under the relevant heads of consideration of Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended).

The land is located within Residential Zone No.2 under Hurstville Local Environmental Plan 1994, and dual occupancy development is permissible with Council consent. The land is subject to the provisions of Council’s Dual Occupancy Development Control Plan No.11 2000.

Dual Occupancy Development Control Plan No.11 2000

A table of the technical standards and the compliance of the development is detailed below.


Dual Occupancy Housing DCP No. 11StandardProposalComplies
Minimum Site Area630sqm810sqmYes
Minimum Street Frontage15m28.9mYes
Attached DwellingsYesYesYes
Floor to Ceiling Height
- Minimum
- Maximum
2.7m
3.6m (NA for habitable roof)
2.7m ground floor
2.7m first floor
Yes
Yes
Front Boundary Setback5.5m3mNo
Rear Setback
Length of Block
Single storey (refer to DCP)
Two Storey
- less than 30
- 30 - 34
- 35 – 39
- 40 – 44
- 45 – 49
- 50 and greater than
10m
12m
14m
16m
18m

20m
7mNo
Minimum Side Boundary SetbackSingle storey = 900mm
Two storey = 1.5m
1.8mYes
Minimum Dimensions of Principal Private Open Space4m x 5mCompliesYes
Minimum Garage Recess300mm into the front facade of the buildingDetached garage N/A
Maximum FSR
- 1 Storey Semi Detached
- 1 Storey and Habitable Roof Space/ Corner Site/ Dual Access
- 2 Storey Semi Detached/ 2 Storey Duplex
0.4:1



0.5:1


0.6:1
0.519:1Yes
Maximum External Wall Height
- 1 Storey Semi Detached
- 1 Storey and Habitable Roof Space
- 2 Storey Semi Detached/ 2 Storey Duplex/ Dual Access
- Corner Site
3m


3.7m



6m
6m front
3.7m for rear dwelling
5.9mYes
Maximum Ridge Height
- 1 Storey Semi Detached
- 1 Storey and Habitable Roof Space
- 2 Storey Semi-Detached/ 2 Storey Duplex/ Dual Access
- Corner Site
6.7m


7.5m



9m
9m front, 7.5m rear dwelling
Approx 9.4mNo
Max Rec Roof Pitch
1 Storey Semi- Detached/ 2 Storey Semi- Detached/ 2 Storey Duplex/ Dual Access
25 – 35 degrees


27.5 degreesYes
Car ParkingGarage and driveway space2 spaces per dwellingYes
Light Well1.5m x 3mNot required for duplex styleN/A
Second storey setback from rear3mNot required for duplex styleN/A

The proposal complies with the majority of the objectives and requirements of the Dual Occupancy Development Control Plan No.11 2000, with the exception of the front setback, rear setback, and height.

Front Setback

The front setback has been measured from Westbrook Street and is 3m. The existing dwelling house has a front setback of 5m. The decrease in front setback is due to the proposed layout changes to the ground floor of the existing dwelling house to include the creation of a living room within the front setback area. It must be noted that the street reserve on the corner of the intersection is quite large, allowing for the front of the dual occupancy to be setback 15m from the kerb and gutter. This setback is considered to be satisfactory. The requirement for a 5.5m front setback in the Development Control Plan is to allow for vehicular access and parking at the front of the site. A double tandem garage is proposed for the dual occupancy with access off Illawarra Parade. As the parking requirements have been met, the variation in the front setback is supported.

Rear Setback

The existing dwelling house has a 10m rear setback. The proposed additions to the ground floor result in a rear setback of 7m. The first floor is identical in its footprint to the ground floor and also is setback 7m from the rear boundary. The Development Control Plan requires a 10m rear setback.

The proposed setback is considered to be satisfactory due to the shape of the site. The proposed tandem garage is located along the rear boundary and provides a form of separation between the dual occupancy and the adjacent dwelling at 15 Illawarra Parade. Glass blocks are proposed on the first floor windows facing the adjoining properties to the rear, 15 Illawarra Parade and 28 Westbrook Street. The use of glass bricks decreases any impacts on privacy due to the reduction in rear setback.

Ridge Height

The existing floor level of the dwelling house is RL 25.33. The internal floor heights on both the ground and first floor are 2.7m, with the ridge height being a maximum of 9.4m at RL 34.0. The height is in excess of 9m due to the height of the existing dwelling house above natural ground.

This height is considered to be satisfactory as no major overshadowing impacts occur on the adjacent sites.

Overshadowing

The proposed development impacts on the adjacent property to the south, number 15 Illawarra Parade in terms of overshadowing. Shadow falls over a small portion of the garage and pool. The degree of overshadowing over the pool is considered to be satisfactory given that the shadow occurs only in winter and pools are rarely used at this time.

The development meets the requirements of the Development Control Plan in terms of overshadowing as four hours of sunlight are available into the living areas and private open space areas of the adjacent property.

Privacy

The proposed development will not cause privacy impacts on the adjacent dwelling houses. All windows on the first floor that face the adjacent properties are to be constructed of glass bricks, including the kitchen window. The balconies on the first floor overlook the streets.


DIVISIONAL REFERRALS

Manager, Development Advice

The Manager, Development Advice raises no objection to issuing development approval subject to standard conditions relating to stormwater, subdivision and vehicle access being included.

Tree Preservation Officer

Council’s Tree Preservation Officer has assessed the proposed application and does not support the removal of the Eucalyptus trees due to their size, health and species. The trees on the survey plan are shown as having a height of 12m each.

Council staff advised the applicant to redesign the development to retain the tree. The applicant did not wish to amend the plans.


PUBLIC NOTIFICATION AND COMMENT

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. No objections were received to the application.


SUMMARY

The development is permissible under the zoning provisions of Hurstville Local Environmental Plan 1994 and satisfies the objectives of Development Control Plan No.11, 2000 – Dual Occupancy Housing. The application varies from several requirements of the Development Control Plan due to the retainment of the existing dwelling house. The site is irregular in shape and the design has attempted to minimise any impacts on adjacent properties and as a result the design of the development is supported.

However, the applicant proposes to remove two (2) significant trees from the site. The removal of these trees are not supported by Council’s Tree Preservation Officer. The application is submitted to Council for determination.


RECOMMENDATION

A. THAT, pursuant to the powers vested in Council under the Environmental Planning and Assessment Act, 1979 (as amended), the Council, as consent authority, grant development consent under DA 20030009 for the alterations and first floor addition of the existing dwelling house to form a dual occupancy, construction of a garage, strata subdivision and demolition of the existing garage, on land known as Lot 24, DP 14854, 30 Westbrook Street, Beverly Hills.

1. The standard conditions adopted by Council for dual occupancy development.

2. Payment of Section 94 Contribution fees of:

Open Space$4,282.00
Community Services$2,470.00
Management$182.17
Library Infrastructure$1,259.00
Library Bookstock$7.11
B. THAT, Council refuse the application due to the removal of the Eucalyptus trees.
APPENDIX



COMMITTEE'S DECISION

THAT the application be deferred for inspection and report by Ward and interested Councillors.
(Moved Clr M Lynch/Seconded Clr S Nasser)

Meeting Date: 02/04/2003


DAC004.03 - 03

228 CARRINGTON AVENUE, HURSTVILLE (DA 20021080)
ERECTION OF A SINGLE STOREY DWELLING HOUSE

APPLICANT

Louie Jovcevski

PROPOSAL

Erection of a Single Storey Dwelling House

ZONING

Residential - 2, Development Area B

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Hurstvile City
Council Code for Single Dwelling Houses

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mr J E and Mrs P M Butler

EXISTING DEVELOPMENT

Land is vacant with Dwelling House on Adjoining Land
Encroaching over Boundary

COST OF DEVELOPMENT

$120,000.00

REASON FOR REFERRAL TO COUNCIL

Request for variation of Fixed 4.5m Building Line

REPORT AUTHORS

Development Assessment Officer, Mr P O'Reilly

FILE NO

DA 20021080


EXECUTIVE SUMMARY

  1. The application is to erect a dwelling house on an irregular small lot that precludes practical compliance with the 4.5m fixed building line.
  2. No objections have been received.
  3. The proposal complies with the Hurstville City Council Code for Single Dwelling Houses excepting the front building line setback.



RECOMMENDATION

THAT the application be granted a Deferred Commencement Consent, pending removal of sections of the dwelling house on Lot 73.
___________________________________________________________________________

REPORT DETAIL

APPENDIX



COMMITTEE'S DECISION

THAT the application be granted a Deferred Commencement Consent, pending removal of sections of the dwelling house on Lot 73.
(Moved Clr M Lynch/Seconded Clr S Nasser)

Meeting Date: 02/04/2003


DAC004.04 - 03

458-460 FOREST ROAD, HURSTVILLE (DA 19970201) SECTION 96 MODIFICATION TO DA 201/97 FOR A STAGED DEVELOPMENT

APPLICANT

Stanisic Associates

PROPOSAL

Section 96 Modification to DA 201/97

ZONING

Zone - 3(b) City Centre Business

APPLICABLE PLANNING INSTRUMENT/S

Block 2A - Development Control Plan No 4

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Idoll Mine Pty Ltd

EXISTING DEVELOPMENT

Car Yard and Showroom - Under Demolition

COST OF DEVELOPMENT

N/A

REASON FOR REFERRAL TO COUNCIL

Variation to Approved Master Plan

REPORT AUTHORS

Manager - Development Assessment, Mr P Thomas

FILE NO

DA 19970201


EXECUTIVE SUMMARY



RECOMMENDATION
___________________________________________________________________________

REPORT DETAIL


BACKGROUND

The application was deferred at the Development Assessment Committee Meeting of 5 March 2003 for comment by the Traffic Committee

Traffic Advisory Committee Comments

Council's Transportation Analyst, Mr John Inglese, reviewed the Traffic Impact Statement from the Traffic Consultant which accompanied the development application, and agreed that a vehicular access from Pearl Street, located approximately 70 metres from Forest Road, was satisfactory, providing that the exit to the development was controlled by either a push button activated boom gate or roller shutter. The proposal also details a two way access separated by a small concrete median island.

At the Traffic Advisory Committee meeting discussion took place relating to the proposed vehicular access and the fact that the pedestrian access to the development was separated. Once these particular details were discussed, the Traffic Committee members agreed that the proposed vehicular access was satisfactory as detailed from Pearl Street and subsequently raised no objections to the proposal.

The Traffic Committee recommended that Council be made aware that Traffic Committee members were satisfied that vehicular access from Pearl Street to the proposed development was located sufficiently far enough away from Forest Road to not cause any concerns in relation to traffic queues or vehicle manoeuvring.

For the assistance of Councillors, the original report is reproduced below:

"PRECIS OF REPORT1. The proposal is a Section 96 Modification seeking to modify development consent 201/97 for the redevelopment of land in Forest Road, Hurstville. DA 201/97 is a staged development consent setting building envelopes and criteria for the development of the land. The Section 96 Modification seeks to vary certain aspects of the original approval, and will be the precursor to the erection of building “D”.

2. A Section 96 Modification was approved by Council in July, 2002 mainly in respect of buildings “B” and “C”.

3. This current Section 96 Modification is the second to the staged development consent and seeks to incorporate building “D” into the approved stage of construction works, as well as other alterations to the approved DA.

4. The application is referred to Council as the proposal seeks a variation to the approved building envelopes.

5. The report provides an assessment of the application in regard to the existing approval.

6. The application is recommended for approval.


BACKGROUND

8 October 1997 (DA201/97) Council resolved to grant development consent to an application for an 8-14 storey mixed use development with basement car parking.

3 July 2000 (DA340/00) Council granted development consent to the erection of an 8 storey mixed development “Stage 2”. This development has had physical commencement on the site. This approval related to a building at the corner of Pearl Street and a new laneway on the eastern side of the site. The building is described as building “C”.

24 June 2002 DA 434/02 approved for a display unit and sales office in the existing showroom.

17 July 2002 Section 96 Modification approved to modification of DA 201/97. This modification affected buildings “B” and “C”.

25 September 2002 DA 300/02 development consent granted for the erection of a mixed development involving buildings “B” and “C” and being described as “Stage 2”.

17 December 2002 Section 96 Modification submitted to modify DA 201/97. This modification seeks to incorporate building “D” into the Stage 2 development already approved, and is the subject of this report.

27 December 2002 DA 1041/02 approved for the demolition of structures on the site.


SITE AND SURROUNDING DEVELOPMENT

The subject property is situated on the northern side of Forest Road at the corner of Pearl Street. The site currently comprises a motor dealership under demolition. There are a number of 1-2 storey buildings on the site.

The site has an overall area of 8124 square metres, with frontages of 115.6 metres to Forest Road and 124.5 metres to Pearl Street. The site has a slight slope from the east and north east.

Surrounding development consists of a four (4) storey residential flat building to the east. To the north is the Hurstville Community Hospital and Medical Centre. To the west and north west is a mixture of dwelling houses and residential flat buildings. To the south west of the site is a 6 storey residential flat building with basement parking.

The streetscape is a mixture of residential and retail/commercial uses of varying height. There are a number of “high-rise” residential flat buildings and mixed developments in the area.


PROPOSAL

The Section 96 Modification seeks to amend DA 201/97, however contains elements that were not part of the original consent and relate to DA 300/2002. These elements have not been addressed in this assessment as they are not part of the DA being reviewed. A development application is to be submitted following the determination of this Section 96 Modification and the amendments sought to other aspects of the development outside of DA 201/97 may be included in the DA, and will be assessed at that time.

The application proposes to modify DA 201/97 in the following manner:

· to submit amended plans showing improved architectural design and building layout
· to amend the approved building envelope of building “D”
· to relocate the retail uses within building “D” to buildings “A” and “E” so that building “D” only contains dwellings
· to re-configure the basement car park to provide a separate residential basement car park and to change the access to only Pearl Street.


PUBLIC NOTIFICATION

The Section 96 Modification was notified in accordance with Council policy. No letters of objection or submissions were received.


REFERRALS

Council’s Manager - Traffic and Transport has advised that the access from Pearl Street (over 50 metres from the intersection with Forest Road), is favoured over the previous scheme and accordingly no objection is raised to this aspect of the Section 96 Modification.

The Manager further advised that the developer must provide a roller shutter or boom gate arrangement on the exit of the driveway access along with a pedestrian warning light which is activated when a vehicle is exiting. This will provide a reasonable level of pedestrian protection along the footpath.


DA 201/97

The original consent for the property (DA 201/97) was granted by Council on 8 October, 1997.

The consent granted was for a staged development and is described as an 8-14 storey mixed development with basement car park.

The development consisted of the erection of a mixed use complex ranging from 8 to 14 storeys and containing retail and commercial floor space, automotive showroom, workshop, spare parts and ancillary parking, 214 residential units and two basement levels of parking.

Development Control Plan 4 was drafted at the time the application was assessed. The proposal did not fully comply with the draft Development Control Plan.

The stages proposed for the development of the site were:

Stage 1: The overall development concept
Stage 2: A separate DA was required to be submitted that will cover the more detailed aspects of design, appearance, materials, finishes, landscaping and the residential unit mix and size.

“The overall development proposed for the site is a mixed use complex, predominantly residential with showroom, retail and commercial uses. The building structure comprises a two storey base containing retail and show room uses with street frontages and residential units above, organised around a central courtyard. The form of the development is perimeter block edge.In relation to this, a development application was approved on 25 September, 2002 for the erection of building “B” and “C” over basement car parking.

(The current Section 96 will facilitate the lodgement of a development application, which, if approved will allow the erection of building “D”.)

In summary, the consent allows:

· Heights to increase upward around the site from Pearl Street and the laneway at eight storeys, to nine storeys at the junction of Pearl Street and Forest Road, fourteen storeys at the corner of Forest Road and the laneway.· A 1 metre setback along Forest Road to allow for street trees and if a laneway is created, it is to be a minimum of 8 metres wide.· A maximum floor space of 38,751 square metres, being a floor space ratio of 4.77:1.· Parking at the following rate:

SECTION 96 MODIFICATION

The application seeks to modify DA 201/97 in the following manner:

· to submit amended plans showing improved architectural design and building layout.
· to amend the approved building envelope of building “D”.
· to relocate the retail uses within building “D” to buildings “A” and “E” so that building “D” only contains dwellings.
· to re-configure the basement car park to provide a separate residential basement car park and to change the access to only Pearl Street.ARCHITECTURAL DESIGN AND LAYOUT

The design of the building was not articulated on the original plans to the level of detail being developed by the architect. The design amendments will ensure continuity with the existing approved buildings “B” and “C”.


BUILDING HEIGHTS AND ENVELOPE

The applicant seeks to increase the RL for building “D” by 800mm and to extend the envelope to attach building “D” to building “E”.

Height

The 800mm increase brings the building to the same height as buildings “B” and “C” (RL 94).

The applicant has advised that this increase in RL has occurred:

· To align the floor levels of building “D” and those of buildings “B” and “C”. This alignment improves the appearance of the east/west elevations and avoids a stop in the façade of the building.
· To allow connected access for disabled persons between the lift lobbies of building “B” and “C” along corridors and galleries.
· To improve the relationship of the ground level (Level 1) apartments to the lane by providing privacy with a height difference between the level of the balconies of ground level apartments and the lane footway.
· There has been an increase in the number of storeys in the building envelope (7 approved and 8 proposed). This is a result of the building changing from a mixed development (with higher ceiling heights on the commercial level) to a residential building with lesser ceiling heights.The visual and environmental impact of the 800mm increase has been offset by setting back the top level of the building from the lane.

Comment: The change in RL for the parapet of the building equates to an increase of 800mm. The approved RL for this building is RL 93.2. Whilst it would be preferable that the development remain within the approved envelope, the 800mm addition plus the setback will not be detrimental to the amenity of neighbouring properties, and the reality of the situation will not be apparent.

It is noted that the Section 96 Modification seeks to also add a stair access onto the roof of the building and attached metal canopies, further increasing the height of the structure. These will not be visible from street level and the RL for this is RL 96 (an associated increase of 800mm over previous roof structures).

Again, whilst it would be preferable that all of the building was confined to the area within the 1997 envelope, the situation with this section of the building is that it will not be able to be seen from the street level, will not add to the bulk or scale of the building and in relation to the higher buildings existing in the area, the increase will be screened by the future stages of the site development.

The envelope is also to change on the southern end of building “D” to abutt building “A”. This will provide a continuous building wall along this boundary of the site. This is in accordance with the original 1997 approval, which was modified by the earlier approved Section 96 Modification, and is in accordance with the provisions of Development Control Plan 4 which promoted “block edge development” around this section of the property. This earlier reduction was in response to floor space concerns that have now been overcome by reducing floor space in buildings “A” and “E”.

No objection was received from the adjoining property in Pearl Street.

In relation to the changes in the building envelope, the applicant has provided details confirming that the development does not exceed the FSR or the number of dwellings, which remains at 214. This has been possible as a result of relocating land uses and decreasing floor space in buildings “A” and “E”.


PARKING

The basement car park is redesigned and divided into 2 parts. A residential car park will be provided for buildings “B”, “C” and “D”, and a separate mixed use car park provided for buildings “A” and “E”.

The access point to the development has been changed from the laneway to Pearl Street.

An additional level of basement parking beneath building "A" and "E" is proposed to compensate for the loss of parking on basement levels 1, 2, 3 and 4. A reduction of 33 spaces is proposed to better comply with Council’s requirements. (Note: the development provides parking well in excess of Council’s requirements.)

Development Control Plan 4 does not require access from the rear lane, it states:

Council’s Manager - Traffic and Transport has advised that the access from Pearl Street (over 50 metres from the intersection with Forest Road), is favoured over the previous scheme and accordingly no objection is raised to this aspect of the Section 96 Modification.

The Manager further advised that the developer must provide a roller shutter or boom gate arrangement on the exit of the driveway access along with a pedestrian warning light which is activated when a vehicle is exiting. This will provide a reasonable level of pedestrian protection along the footpath.


CONCLUSION

The building modifications have regard to the original approval and Development Control Plan 4 requirements. The modifications, as seen in the preceding report vary the height of the structure marginally and improve the building design. The proposal is considered to be within the context of the original consent and the modification is supported.


RECOMMENDATION

THAT pursuant to the provisions of the Environmental Planning and Assessment Act and Section 96 of the Act, Development Consent 201/97 is amended in the following manner:

1. Condition 1 is amended to read:
2. Condition 5 is reworded to read:
3. And by the imposition of the following condition:

APPENDIX



COMMITTEE'S DECISION
(Moved Clr M Lynch/Seconded Clr M Frawley)

Meeting Date: 02/04/2003


DAC004.05 - 03

226 CARRINGTON AVENUE, HURSTVILLE (DA 20030042) FIRST
FLOOR ADDITION TO DWELLING HOUSE

APPLICANT

Saade Hammoud

PROPOSAL

First Floor Addition to Dwelling House

ZONING

Residential - 2, Development Area B

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environment Plan 1994, Hurstville City
Council Code for Single Dwelling Houses

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mr and Mrs Hammoud

EXISTING DEVELOPMENT

Single Storey Dwelling House with Detached Garage

COST OF DEVELOPMENT

$90,000.00

REASON FOR REFERRAL TO COUNCIL

One (1) Objection Received

REPORT AUTHORS

Development Assessment Officer, Mr P O'Reilly

FILE NO

DA 20030042


EXECUTIVE SUMMARY

  1. This development application seeks to carry out alterations and a first floor addition to the existing dwelling house.
  2. The proposal fully complies with the Hurstville City Council Code for Single Dwelling Houses.
  3. One submission has been received.



RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.
___________________________________________________________________________

REPORT DETAIL


SITE AND SURROUNDING DEVELOPMENT

APPENDIX



COMMITTEE'S DECISION

THAT the application be granted a Deferred Commencement Consent, pending gazettal of the rezoning from open space to residential, and in accordance with the conditions included in the report.
(Moved Clr M Lynch/Seconded Clr S Nasser)

Meeting Date: 02/04/2003


DAC004.06 - 03

42 PARK ROAD, HURSTVILLE (DA 20020851) CHANGE OF USE
TO BEAUTY SALON/MASSAGE CENTRE

APPLICANT

Jenny Ng

PROPOSAL

Change of use to beauty salon/massage centre

ZONING

Zone 3(b) - City Centre Business

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Development
Control Plan No 2 - Car Parking, Development Control Plan
No 18 - Crime Prevention Through Environmental Design,
Development Control Plan No 19 - Access and Mobility

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Con and Mary Athansiou

EXISTING DEVELOPMENT

Single storey dwelling house

COST OF DEVELOPMENT

Nil

REASON FOR REFERRAL TO COUNCIL

Nature of Use

REPORT AUTHORS

Town Planner, Ms P Thomson

FILE NO

DA 20020851


EXECUTIVE SUMMARY

1. The application is to use the premises as a beauty salon and massage centre.

2. Council records indicate that the premises may be currently used as a brothel.

3. No objections were received against the application.


RECOMMENDATION

THAT the application be refused in accordance with the conditions included in the report.

___________________________________________________________________________

REPORT DETAIL


BACKGROUND

Council records reveal a long history of complaints about the use of the premises as a brothel.

Development Application No. 470/95 was approved on 15 November 1995 for the use of 42 Park Road for Therapeutic Massage and Health Rooms. This consent was for a limited period of one year only.

Council refused an application for permanent approval of the use on 9 April 1997. An Order was served on the owner of the premises on 4 November 1998 for unauthorised use as a brothel. Legal proceedings were not conducted at the time, as Council’s Solicitor’s did not have sufficient evidence to commence proceedings. The premises were vacated in May 2002.

Complaints from residents about the brothel reopening were received in September 2002. Council investigations into the matter resulted in a Notice of Intention to Serve an Order being issued on the owner and occupant on 13 September 2002, to cease the use as a massage parlour/brothel. As a result of this Notice the subject application has been submitted to Council for use of the premises as a beauty treatment centre.


SITE AND SURROUNDING DEVELOPMENT

The subject site is located on the eastern side of Park Road, three lots north of the intersection with Cross Street. The subject site adjoins a three storey residential flat building to the north and a single dwelling house to the south. In the immediate vicinity of the site is a mixture of commercial and residential buildings and Westfield Shopping Centre is located to the south west of the site.

A single storey dwelling house is currently located on the site. The balcony contains green mesh privacy screens at present and the entrance can not be viewed from the street.


PROPOSED DEVELOPMENT

This application is to use the premises for beauty therapy and massage services. The proposed use involves:

- activities include facials, waxing, massages, pedicures, and sale of beauty products;
- hours of operation from 10am to 9pm, daily;
- four employees, a manager and a cleaner;
- one garage and driveway space; and
- conversion of rear dining room into a staff room.

The floor layout for the proposed use involves two consulting rooms for foot massages, one room for facials, waiting room, store room, bathroom, laundry, kitchen, reception and dining/staff room.

Qualifications for the Manager of the proposed centre, Ms Jenny Ng, have been supplied with the application. These include a Certificate of Membership of the Advanced Association of Beauty Therapists and Diploma from the Chandros School of Health and Beauty.


STATUTORY REQUIREMENTS

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

The site for the development is located within Zone No 3(c) – Business Centre under the provisions of Hurstville Local Environmental Plan (LEP) 1994. The proposed use is permissible within the zone.


ASSESSMENT

The proposed use does not meet the objectives of the Disability Discrimination Act 1992. One of the key objectives is:

Clause 23 (1) of the Act relates to access into a premises and states:

The applicant wishes to use the premises as a beauty therapist/massage centre. The use of the premises is not appropriate as access is not available for all, which contradicts the objectives of the Disability Discrimination Act. The premises is not accessible for all due to the location of steps at the entrance of the premises and within the premises itself. Considering the nature of the use, it is assumed that people with sporting injuries and bad backs, may wish to use the premises for massages and would find it difficult to negotiate the external and internal steps into the treatment rooms.

Development Control Plan No 2 – Car ParkingThe proposed use is defined as a business premises in the Hurstville Local Environmental Plan 1994. In accordance to the Development Control Plan a business premises requires one parking space per 50sqm. The building has a floor space of 138.6sqm, requiring 2.8 (3) car spaces.

The subject site contains two parking spaces, one being in the garage and one in the driveway. Parking is therefore deficient. Development Control Plan No 19 – Access and Mobility

Disabled access is not available into and within the premises. There are steps leading into the entrance hallway and within the dwelling house itself.

Development Control Plan No 18 – Crime Prevention Through Environmental Design.

The application does not comply with the requirements of Development Control Plan No 18 – Crime Prevention Through Environmental Design. The entrance to the premises should be clearly visible and designed so that users can see into the building before entering. The entrance does not allow for opportunities for natural surveillance and is considered to be unsafe as the placement of a green mesh type of screening on the balcony railing limits all view of the entrance into the premises. This screening is not appropriate for safety reasons.

At the moment, no signage advertising the proposed use as a ‘beauty therapist’ is installed which questions the validity of the use as the applicant is already occupying the premises. The only signage that is located at the front of the premises is for video surveillance.

Council sent a letter to the applicant asking whether the premises are to be used as a brothel. No response was received to this letter.

Inspection

A Council inspection conducted on the premises on 13 March 2003 indicated that the premises are not being used for the proposed use as a beauty therapist. All available treatment rooms contained double beds and no facial equipment or beauty equipment such as waxes, manicure sets, etc, were seen at the premises. Staff on the site were not appropriately dressed for providing facials or leg waxes and when questioned about the use the staff did not mention beauty treatments, only massages. Only one massage table was evident at the premises and is considered to be insufficient given that the floor plan shows massages occur in every room. The validity of the proposed use is in question, given the history of the site.


PUBLIC NOTIFICATION AND COMMENT

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. No letters of objection were received against the application.


SUMMARY

The development has been assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act, 1979 (as amended), and is considered to be unsuitable for the site under the provisions of the Act.

The application is recommended for refusal on the basis that disabled access has not been provided into the premises. Council inspections and history of the site reveal that the premises is not being used as a beauty therapist and the information provided in the application is misleading.


RECOMMENDATION

THAT, pursuant to the powers vested in Council under the Environmental Planning and Assessment Act, 1979 (as amended), the Council, as consent authority, refuse development consent under DA 20020851 for a beauty salon/massage centre on land known as Lot 1, DP 1595, 42 Park Road, Hurstville.

The reasons for refusal are:

1. The proposed use does not comply with the Disability Discrimination Act 1992, Development Control Plan No. 18 – Crime Prevention Through Environmental Design and Development Control Plan No. 19 – Access and Mobility. (Section 79C(1)(a)(iii) and (iv) of the Environmental Planning and Assessment Act 1979).

2. The site is not suitable for the proposed development, specifically as accessibility for the proposed use is restricted and the entrance to the premises is considered to be unsafe (Section 79C(1)(b) and (c) of the Environmental Planning and Assessment Act 1979).

3. The proposal is deficient in terms of parking (Development Control Plan No 2 - Car Parking).

4. The circumstances of the case and the public interest (Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979).

* * * * * *

APPENDIX



COMMITTEE'S DECISION

THAT the application be refused in accordance with the conditions included in the report.
(Moved Clr M Lynch/Seconded Clr C Wong)

Meeting Date: 02/04/2003


DAC004.07 - 03

350 FOREST ROAD, HURSTVILLE (DA 20030064) EXTENSION OF
SUNDAY TRADING HOURS 10.00AM TO 12.00 MIDNIGHT

APPLICANT

Stephen Bowden

PROPOSAL

Extension of Sunday Trading Hours 10.00am to 12.00 midnight

ZONING

Zone 3(b) - City Centre Business

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Hurstville City
Council's Extended Trading Hours Policy

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Stephen and Adelaide Bowden

EXISTING DEVELOPMENT

Hotel

COST OF DEVELOPMENT

Nil

REASON FOR REFERRAL TO COUNCIL

Proposal falls outside Extended Trading Hours Policy

REPORT AUTHORS

Development Assessment Officer, Mr P Nelson

FILE NO

DA 20030064


EXECUTIVE SUMMARY

1. This report refers to Development Application 20030064 for the extension of trading hours for the "Ritz" Hotel from 10.00am to 10.00pm to 10.00am to 12.00 midnight on Sundays. The development has been assessed under Hurstville City Council's Extended Trading Hours Policy.

2. Both the public and the Police were notified of the application. No objections to the proposal were received within the fourteen (14) day notification period.

3. The proposed extension of trading hours is viewed to be contrary to the public interest.


RECOMMENDATION

THAT the application be refused for the reasons stated in the report and, existing trading hours be reduced to comply with Council's Policy.

___________________________________________________________________________

REPORT DETAIL


BACKGROUND

A previous application for a similar extension of trading hours was refused by Council at its Meeting held on 24 June 1998 on the reasoning that:


SITE AND SURROUNDING DEVELOPMENT

The site is located in the City Centre Business Zone where retail and commercial developments make up the majority of uses.

The site is on the corner of MacMahon Street and Forest Road and has neighbours comprising of retail shops and a retail and commercial development to the north west. The nearest residential zone is approximately 280 metres to the north east. However, there are some mixed residential developments on MacMahon Street approximately 100 metres from the hotel.


STATUTORY REQUIREMENTS

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

The site is zoned 3(b) City Centre Business Zone under the Hurstville Local Environmental Plan 1994.


ASSESSMENT OF DEVELOPMENT

The development application proposes a two (2) hour extension of Sunday trading hours for the "Ritz" Hotel. This would result in trading hours changing from the present time of 10.00am to 10.00pm Sundays to the hours of 10.00am to 12.00 midnight on Sundays.

A previous application for a similar extension of trading hours was refused by Council on the reasoning that the proposal was "not consistent with current trading hours of other licensed premises in the vicinity...was not considered to be in the public interest...(and) may lead to adverse social impacts."

Since the time of this refusal, the "Ritz" has undergone significant renovations, improving the services that it offers to its patrons. The main entrance and exit to the hotel is now located on Forest Road, away from residences. There is also a secondary entrance on MacMahon Street accessing the gaming room and Sports Tab section of the Hotel.

The extra two hours of operating time on Sundays is not envisaged to have any significant noise impact on neighbours in the vicinity as the nearest (Local Environmental Plan zoned) residential area is located approximately 280 metres to the north east of the Hotel. Closer situated, mixed residential properties on the south side of MacMahon Street, approximately 100 metres from the rear of the hotel, are buffered from possible noise disturbances by the large commercial building on the north eastern corner of the intersection of MacMahon and Barratt Streets. However, with late night trading hotels the impact on the neighbourhood are often in the nature of anti-social behaviour some distance from the licensed premises.

The "Ritz" Hotel provides accommodation, TAB sports betting and Sports coverage and restaurant facilities. The Hotel is also argued, by the applicant, to provide late night restaurant services to hospitality workers in the area, which is provided until closing.

A check of Council's Customer Request Management System (CRMS) has isolated no recent complaints in relation to operation of the Ritz Hotel, suggesting that the community has had no problems with the current Monday to Saturday late night trading. It is considered to be unlikely that complaints would be generated by an extension to Sunday trading hours in light of the extent of Monday to Sunday operation.

The applicant also stresses that security at the hotel would be extended and that Chubb Security would also conduct random visits.

While the extended operating hours of the hotel are not foreseen to result in high levels of neighbour protest (no submissions were received in objection to the application) and despite the fact that the applicant is offering to provide for adequate security, the application is still considered to be contrary to the public interest.

The 'Ritz' Hotel currently holds a Liquor Licence to operate 5.00am to 5.00pm Monday through to Saturday. This is counter to the Council's Review of Late Trading which took place on 26 February 1997 recommending that 'the late trading for hotels should be limited to 1.00am'.


EXTERNAL REFERRALS

NSW Police Force Local Area Command

The Local Area Command of the NSW Police Force was invited to comment. No response was received.


PUBLIC NOTIFICATION AND COMMENT

Adjoining neighbours were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.

No objections were received within the notification period.


SUMMARY

The application has been assessed under the relevant Section 79(C) of the Environmental Planning and Assessment Act 1979 (as amended) under which it complies. A further assessment under Hurstville City Council's Extended Trading Hours Policy has concluded that the application is reasonable but has the potential to be contrary to the public interest. The extension of Sunday operating hours and the current trading hours of the Ritz, between the hours of 5.00am to 5.00am Monday through Saturday, is also contrary to Council's 1997 Review of Late Night Trading for Hotels and Clubs. As such the application is recommended for refusal.


RECOMMENDATION

THAT, pursuant to the powers vested in Council under Section 80(1) of the Environmental Planning and Assessment Act, 1979 (as amended), the Council, as consent authority, refuse the extension of trading hours from 10.00am to 10.00pm Sundays to 10.00am to 12.00 midnight on Sundays on land known as Lot E, DP 168743, Lot L, DP 27246 and Lot M, DP 27426, 350 Forest Road, Hurstville, for the following reasons.

1. The extension to Sunday trading hours may lead to adverse social impacts.

2. The application is not considered to be in the public interest and is contrary to Council's policy.

IT IS FURTHER RECOMMENDED THAT the applicant be advised that the twelve (12) month limited consent to trade to 5.00am Monday to Saturday has not been extended and that such trading hours should therefore be restricted to 1.00am.
APPENDIX



COMMITTEE'S DECISION

THAT, pursuant to the powers vested in Council under Section 80(1) of the Environmental Planning and Assessment Act, 1979 (as amended), the Council, as consent authority, refuse the extension of trading hours from 10.00am to 10.00pm Sundays to 10.00am to 12.00 midnight on Sundays on land known as Lot E, DP 168743, Lot L, DP 27246 and Lot M, DP 27426, 350 Forest Road, Hurstville, for the following reasons.

1. The extension to Sunday trading hours may lead to adverse social impacts.

2. The application is not considered to be in the public interest and is contrary to Council's policy.

FURTHER, THAT the matter of the current trading hours of 5.00 am to 5.00 am, Monday to Saturday, contrary to Council's 1997 Review of Late Night Trading for Hotels and Clubs, be the subject of a further report to Council.
(Moved Clr S McMahon/Seconded Clr B Giegerl)

Meeting Date: 02/04/2003


DAC004.08 - 03

73 BASSETT STREET, HURSTVILLE (DA 20021018) DEMOLITION
OF THE EXISTING DWELLING HOUSE AND THE ERECTION OF A
CHILD CARE CENTRE

APPLICANT

Edwin Cheung

PROPOSAL

Demolition of the Existing Dwelling House and the Erection of a
Child Care Centre

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Development Control
Plan No 6 - Child Care Centres

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Edwin and Yinny Cheung

EXISTING DEVELOPMENT

Dwelling House

COST OF DEVELOPMENT

$310,000.00

REASON FOR REFERRAL TO COUNCIL

Neighbour objections

REPORT AUTHORS

Manager - Development Assessment, Mr P Thomas

FILE NO

DA 20021018


EXECUTIVE SUMMARY

1. The development application seeks to demolish the existing dwelling house and erect a two storey Child Care Centre.

2. The proposal complies with the Development Control Plan No 6 - Child Care Centres.

3. Seventeen (17) letters of objection were received to the proposal.

4. Site drainage remains an outstanding issue.

5. Development Assessment Committee of 5 March 2003 deferred the application for a traffic count and further information in relation to the stair climber.


RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

___________________________________________________________________________

REPORT DETAIL


BACKGROUND

The Development Assessment Committee at its meeting of 5 March 2003 deferred determination of the development application or the Child Care Centre pending:

· The Traffic Engineer to conduct traffic counts in Bassett Street,
· Details be provided to Councillors on the safety of stair climbers in Child Care Centres.


TRAFFIC COMMENTS

In 1998 a traffic count in Bassett Street between Dudley Street and Ruby Street revealed an AADT of 270 vehicles per day and an eighty five percentile speed of 43.4km/hr.

Further counts were carried out in the area, and completed on 19 March 2003. These results detail:

Average Weekly Total (AWT): 5,615 veh/wk
Average [Adjusted] Daily Total (AADT): 883 veh/day
85th percentile speed (V85): 61km/h
Maximum speed (Vmax): 110km/h
Vehicles travelling at >60km/h: 987 veh, 18% of total
>70km/h: 195 veh, 3% of total
>80km/h: 38 veh, 0.7% of total

The Traffic Manager further advised, that in any case, the proposed Child Care Centre would generate approximately 40 vehicles in the morning period and the same in the afternoon, which is unlikely to have an adverse effect on the amenity of Bassett Street.


STAIR CLIMBERS

The applicant has provided additional information in relation to the proposed stair climbers.

In relation to this, the applicant has submitted details of the two products being reviewed. Both comply with the Australian Standard AS 1735.7 -1998 in relation to safety. The climbers are key operated with controls at the top and bottom of the stairs. Other safety features include: over speed governor, two (2) automatic raising and lowering safety arms and automatically folding access ramp at each end of the platform. The platform and loading ramps have built-in pressure and obstruction sensors, and the unit will automatically reverse if obstruction is sensed whilst the platform is in motion.

For the Councillors assistance, the original report is reproduced below:

APPENDIX



COMMITTEE'S DECISION

THAT the application be approved in accordance with the conditions included in the report.
(Moved Clr S Nasser/Seconded Clr M Lynch)

Meeting Date: 02/04/2003


DAC004.09 - 03

218-230 FOREST ROAD, HURSTVILLE (DA 20030055) INTERNAL ALTERATIONS AND REFURBISHMENT OF AN EXISTING HOTEL BUILDING

APPLICANT

Project Leaders Queensland Pty Ltd

PROPOSAL

Internal Alterations and Refurbishment of an Existing Hotel
Building

ZONING

Zone - 3(b) City Centre Business

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

George Thomas Hotels (Hurstville) Pty Ltd

EXISTING DEVELOPMENT

Hotel and Residential Accommodation

COST OF DEVELOPMENT

$2,000,000.00

REASON FOR REFERRAL TO COUNCIL

Operating hours

REPORT AUTHORS

Manager - Development Control, Mr G Young and Senior
Health & Building Surveyor, Mr G Deehan

FILE NO

DA 20030055


EXECUTIVE SUMMARY

1. The application seeks approval to carry out internal alterations and refurbishment of an existing hotel building known as the Meridian Hotel.

2. The applicant has stated that the 'proposed hours of operation' are Monday to Saturday - twenty four (24) hours and Sundays - 10.00am to 10.00pm.

3. The application is recommended for approval subject to conditions in the report which will limit the hours of operation as follows: Monday to Saturday 10.00am to 1.00am and Sundays 10.00am to 10.00pm.


RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

___________________________________________________________________________

REPORT DETAIL


SITE AND SURROUNDING AREA

The site is located in the centre of Hurstville’s CBD and is currently developed by way of the original three (3) storey hotel/residential building with basement car parking and cellars and two (2) former retail shops which have been united with the original building and are located on either side of the hotel.

The property is surrounded by commercial/residential businesses of a general two (2) storey height. The premises currently operate as a hotel and has done so since the 1950’s.


PROPOSED DEVELOPMENT

On 24 January, 2003 Development Application 20020035 was lodged with Council to carry out internal alterations and refurbishment of the hotel complex. Essentially there is no change proposed to be carried out to the external facade of the building apart from altering some door entrances and windows at the Forest Road level. The internal work comprises relocating the portion of the internal stairs between ground and first floor levels from the centre of the building to the front (to improve means of egress from the upper residential levels) and the alteration and refurbishment of the entire ground floor entertainment area.

As stated on the development application form the ‘proposed hours of operation' of the hotel are as follows:

“Monday – open 5.00am onwards, Tuesday – 24 hours, Wednesday – 24 hours, Thursday – 24 hours, Friday – 24 hours, Saturday – 24 hours and Sunday – close 5.00am, open 10.00am and close 10.00pm”.


PUBLIC NOTIFICATION AND COMMENT

Nearby residents have not been notified in this instance on the basis that the proposed work is essentially internal.


BACKGROUND

Council’s files in relation to the more recent history of the premises with regard to the hotel operating for extended hours, ie. 24 hours Monday to Saturday and 10.00am to 10.00pm Sunday, indicate that Council at different meetings had approved these hours, following various requests from the hotel owners, but for twelve (12) month limited periods despite the hotel owner requesting on each of those occasions that the extended hours be made permanent.

In fact the last such request was considered by Council at its meeting held on 6 November, 1996 and it was resolved that the hotel be allowed to operate at the extended hours but on a temporary basis, ie, for a period of twelve (12) months, and near the end of the expiry of the twelve (12) months the owner was to make a further application to Council regarding continued extension of the trading hours.

There had not been any subsequent requests made to continue the extended trading hours either on a temporary or permanent basis.

It is also pointed out that the ownership of the hotel has changed hands since that time.

On 6 June, 2001 Development Application 20010405 was lodged with Council by the new (current) owners of the hotel complex to extend the Sunday trading from 10.00pm to 12.00 midnight.

A report in relation to Development Application 20010405 was considered by Council at its meeting held on 12 September, 2001. Council in this instance resolved to refuse the granting of consent to the development application.

It is mentioned that, whilst the report was prepared to essentially deal with the application for the increased Sunday hours, the report also contained other facts that may be pertinent to the subject application and is therefore reproduced (in part) under for the information of the Councillors. By way of comment it is mentioned that the report contained a recommendation that the application be approved:

“PROPOSED DEVELOPMENT

Security:


STATUTORY REQUIREMENTS


Manager Development Advice

Comment:


SUBMISSIONS IN SUPPORT OF THE LATEST DEVELOPMENT APPLICATION

A letter dated 19 March, 2003 has been received from the General Manager of the hotel in support of the latest development application. The letter is set out under:


STATUTORY REQUIREMENTS

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. The building facade is noted as a heritage item in Council's Local Environmental Plan. The minor alterations to the facade below awning level are not significant as the facade at this storey level has previously been altered.


SUMMARY

The development application in respect of the proposed building works is recommended for approval subject to conditions that have been prepared in relation to this aspect of the application.

With regard to the ‘proposed hours of operation’, based on the Development, Health and Planning Committee’s recommendation made on 26 February, 1997 that the closing time for hotels in general be 1.00am, it is considered that the hours of operation in respect of the subject hotel should, in this instance, be limited to Monday to Saturday 10.00am to 1.00pm and Sundays 10.00am to 10.00pm.


RECOMMENDATION

THAT, pursuant to the powers vested in Council by Section 80(1) of the Environmental Planning and Assessment Act, 1979, the Council, as consent authority, grant development consent under DA 20030055 for the internal alterations and refurbishment of the existing hotel complex on land known as Lot 10, DP 852346, 218, 220-230 Forest Road, Hurstville, subject to:

1. The conditions prepared by Council's Officers in respect of the proposed internal alterations and refurbishment of the hotel building.

2. The use of the hotel premises shall be conducted between the hours of –
3. Approval as a Place of Public Entertainment being obtained in respect to the refurbished premises.

NOTE: Public Entertainment should cease during the period of building alterations.
APPENDIX



COMMITTEE'S DECISION

THAT, pursuant to the powers vested in Council by Section 80(1) of the Environmental Planning and Assessment Act, 1979, the Council, as consent authority, grant development consent under DA 20030055 for the internal alterations and refurbishment of the existing hotel complex on land known as Lot 10, DP 852346, 218, 220-230 Forest Road, Hurstville, subject to:

1. The conditions prepared by Council's Officers in respect of the proposed internal alterations and refurbishment of the hotel building.

2. Approval as a Place of Public Entertainment being obtained in respect to the refurbished premises.

NOTE: Public Entertainment should cease during the period of building alterations.

FURTHER, THAT the matter of the current/proposed trading hours, contrary to Council's 1997 Review of Late Night Trading for Hotels and Clubs, be the subject of a further report to Council.
(Moved Clr S Nasser/Seconded Clr C Wong)

Meeting Date: 02/04/2003


DAC005.01 - 03

586-588 KING GEORGES ROAD, PENSHURST (DA 20021033)
SECTION 82A REVIEW OF DETERMINATION (REFUSAL) IN
RELATION TO A CHILD CARE CENTRE

APPLICANT

Mr H Trikeriotis and Mrs C Trikeriotis

PROPOSAL

Section 82A Review of Determination (Refusal) in relation to
a Child Care Centre

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan, Development Control
Plan No 2 - Parking, Development Control Plan No 6 - Child
Care

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mr E Ellis

EXISTING DEVELOPMENT

Child Care Centre - Vacant

COST OF DEVELOPMENT

N/A

REASON FOR REFERRAL TO COUNCIL

Council to Determine Section 82A Review

REPORT AUTHORS

Manager - Development Assessment, Mr P Thomas

FILE NO

DA 20021033


EXECUTIVE SUMMARY

  1. The application is a Section 82A Review of determination, following the refusal by Council to approve the continued use of the Child Care Centre.
  2. Council's Traffic Analyst has provided additional information in relation to traffic accidents in this section of King Georges Road.



RECOMMENDATION

THAT the Section 82A Review of Determination be reviewed and determined by the Development Assessment Committee.
___________________________________________________________________________

REPORT DETAIL

APPENDIX



COMMITTEE'S DECISION

THAT Council adhere to its original decision, i.e.

THAT the application be refused due to safety issues concerning traffic on the main road location, lack of parking, and evidence that the Department of Community Services has successfully prosecuted the applicant for offences related to the safety of children in care.
(Moved Clr M Lynch/Seconded Clr M Frawley)

Meeting Date: 02/04/2003


DAC005.02 - 03

31 DELVES STREET, MORTDALE (DA 20021084) ERECTION OF
AN ATTACHED DUAL OCCUPANCY WITH TORRENS TITLE
SUBDIVISION

APPLICANT

Eagle Homes

PROPOSAL

Erection of an Attached Dual Occupancy with Torrens Title
Subdivision

ZONING

Zone No 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Dual Occupancy Housing Development Control Plan No 11

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mario Haritos

EXISTING DEVELOPMENT

Single Dwelling House

COST OF DEVELOPMENT

$277,500.00

REASON FOR REFERRAL TO COUNCIL

Neighbour Objection, Variation to Development Control Plan

REPORT AUTHORS

Manager - Development Assessment, Mr P Thomas

FILE NO

DA 20021084


EXECUTIVE SUMMARY

  1. This development application seeks to erect a two storey attached dual occupancy with a Torrens title subdivision.
  2. The proposal does not comply with the Development Control Plan No. 11 - Dual Occupancy.
  3. The deviations are considered minor.
  4. Four (4) submissions have been received.
  5. The application was deferred at the Development Assessment Committee Meeting of 5 March 2003 for inspection by Council's Tree Preservation Officer and Councillors.
  6. The property was inspected on 19 March 2003 when it was agreed that the two large trees on teh site should be removed.
  7. Drainage and driveway access details are outstanding issues resulting in a deferred commencement consent being recommended.



RECOMMENDATION

The application is recommended for deferred commencement approval. It is further recommended that the tree species in the landscape plan (Condition 4(b)) be varied to satisfaction of Council's Tree Preservation Officer.
___________________________________________________________________________

REPORT DETAIL


BACKGROUND

The application was deferred at the Development Assessment Committee Meeting of 5 March 2003 for inspection by the Councillors and Council's Tree Preservation Officer.

For the assistance of Councillors, the original report is reproduced below:


"PRECIS OF REPORT

1. The development application seeks approval for the erection of an attached dual occupancy with Torrens title subdivision.

2. The development was notified to adjoining residents and four (4) submissions were received during the fourteen (14) day period.

3. The development generally complies with the objectives and technical standards contained in Council's Dual Occupancy Housing Development Control Plan (DCP) No 11.

4. The proposed development falls short of the 630 square metre density requirements by less than one (1) square metre. This is considered to be an extremely minor variation.

5. The application is recommended for approval.


SITE AND SURROUNDING DEVELOPMENT

The site is located on the north-western side of Delves Street, Mortdale. The site is rectangular in shape having a total area of 629.18 square metres and has a significant fall to the rear. The site contains a single storey dwelling house with tiled roof and a detached single garage at the front of the allotment. The development site is located in a residential area dominated by single storey dwelling houses. There are a few two-storey dwelling houses in the vicinity. PROPOSED DEVELOPMENT

The proposed development is for the erection of an attached dual occupancy. Each dwelling is to contain a living room, dining area, kitchen, family, water closet, laundry, bathroom, and four bedrooms two with a walk in wardrobe. Each dwelling is also proposed to have a single garage with a single car-parking space on the driveway in front of the garage.


STATUTORY REQUIREMENTSThe site is zoned 2 - Residential under the provisions of the Hurstville Local Environmental Plan 1994. The proposed development is permissible with the consent of Council.The development is subject to the requirements of the Hurstville City Council’s Dual Occupancy Housing Development Control Plan No. 11. The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979


ASSESSMENT OF DEVELOPMENT

A table of the technical standards and the compliance of this development is detailed below.As can be seen from the above, the development generally complies with the objectives and technical standards contained in Council’s Dual Occupancy Housing Development Control Plan.

The density requirement of 630 square metres for Dual Occupancy Developments is varied by less that one (1) square metre. The size of the allotment is 629.18 metres. This variation is not considered to warrant a refusal.

The development also proposes a garage that is even with the front facade at the 5.5 metre setback. Council's Development Control Plan No. 11 calls for a 300mm recess. This issue is to be rectified with the appropriate condition.

The proposed roof pitch also falls short of Development Control Plan No. 11 recommendations by 4.5 degrees. This variation is acceptable as it reduces the bulk of the roof form and ensures that the envelope requirements of the Development Control Plan are met.

Despite a few minor variations, the development proposal generally complies with the technical requirements of Council's Development Control Plan No. 11. The proposal also provides a good design outcome for a site with a significant fall to the rear.


DIVISIONAL REFERRALS

Manager - Development, Health and Building

The Manager, Development Health and Building expressed no objections to the proposal, subject to the appropriate conditions.

Manager - Development Advice

The Manager, Development Advice expressed no objection to the proposal subject to drainage and subdivision conditions.

Tree Preservation Officer

Council's Tree Preservation Officer (TPO) has advised that the existing Norfolk Island Pine in the rear yard is on a substantial lean and may be removed.

Council's TPO has also specified that the landscape plan be amended to show:

* 2 Angophora are to be changed to native trees of smaller proportions.
* That the Jacaranda be changed to an Angophora.
* The 4 proposed Sapium be substituted to a native species.


PUBLIC NOTIFICATION AND COMMENT

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.

Four (4) submissions were received during the notification period. These submissions raised the following issues:

Drainage (3 submissions)

Three submissions were received regarding the disposal of stormwater and runoff from the site both during construction and upon completion of the development. These neighbours expressed concerns due to the substantial fall to the rear experienced on the site.

The neighbour directly behind the property had concerns about the necessity of a easement and how this would be conducted to their satisfaction.

Comment: Drainage conditions for this development will entail that roof and surface waters drain, via a 1.0 metre wide easement, to Sunlea Avenue. Conditions will also be imposed that dictate that an effective management plan is enacted to ensure that stormwater is adequately removed during construction.

This application is recommended for deferred commencement so that the issue regarding the easement may be finalised.

Landscaping (2 submissions)

The neighbour to the north has forwarded no objections to the development, providing existing overgrown vegetation on the southern side of the rear yard of the proposed development site, which overshadows her backyard, is removed. The neighbour is prepared to accept overshadowing from the proposed dual occupancy if this vegetation is removed allowing sunlight to penetrate into her rear yard.

Comment: A landscape plan has been provided which entails the removal of the aforementioned vegetation.

Another neighbour further up the street has objected to the removal of a Norfolk Island Pine tree. The neighbour has argued that this is a significant tree in the neighbourhood.

Comment: Council's Tree Preservation Officer has advised that this tree is on a substantial lean and may be removed.

Privacy (2 submissions)

One neighbour has concerns about privacy to the rear.

Another neighbour has questioned whether a raised patio/deck area is proposed allowing unimpeded views over side fences.

Comment: Privacy to the rear is not unduly affected as adequate rear building setback is provided in combination with the fact that only two bedroom windows face in this direction.

The ground floor patio area has views to the rear only, as the design proposed provides for this area to be enclosed by a laundry and wc on either side.

Overshadowing (2 submissions)

A neighbour to the rear has asked Council to consider the impact of shadowing to the rear.

The adjacent neighbour has protested to the expected overshadowing caused by the development but has maintained that this is acceptable if the rear vegetation is removed (see previous point on vegetation).

Comment: Overshadowing to the rear is not considered to be a valid objection. Landscape plans satisfy the adjacent neighbours concerns (see point on vegetation, above).

Fencing (1 submission)

One neighbour has asked that conditions provide for the replacement of existing fencing.

Comment: This condition is standard for Dual Occupancy Developments.


SUMMARY

The development is permissible under the provisions of Hurstville Local Environmental Plan 1994.

The proposed development generally complies with the technical standards contained in the Council’s Dual Occupancy Housing Development Control Plan.

The development is considered to be of a good design that reflects the objectives and principles of the Development Control Plan No. 11, and minimises the amount and level of variations on a site with a significant fall to the rear.

The proposal has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act, 1979.

The application is therefore recommended for approval.


RECOMMENDATION

THAT, pursuant to the powers vested in Council under section 80(3) of the Environmental Planning and Assessment Act, 1979 (as amended), the Council, as consent authority, grant a deferred commencement consent under DA 20021084 for the erection of an attached dual occupancy with Torrens title subdivision on land known as Lot 6, DP 210276, 31 Delves Street, Mortdale.

Upon compliance with all the conditions appearing in Schedule 1 and with the issue of confirmation to that effect in writing from Council, the consent shall commence to operate as a development consent, inclusive of all conditions appearing in Schedule 2. Information to satisfy the conditions in Schedule 1 must be submitted within 180 days of granting this consent.

Schedule 1

1. An access levels application shall be made to Council to obtain footpath-crossing levels before designing internal driveways and car parking. Evidence that the proposed development complies with the Council's issued levels and Development Control Plan No 2 - Car Parking shall be provided by the applicant through the production of a longitudinal section of the proposed driveways. This longitudinal section is to be from the centre line of the road through the vehicle ramp to the garage floor at a scale of 1:20, with suitable transitions shown. Details of the head room clearance is also to be provided on these drawings.

2. All roof and surface stormwater must drain by gravity to Council's kerb and gutter in Sunlea Avenue. A 1.0 metre wide easement is to be obtained over land known as No 13 Sunlea Avenue, and/or adjacent properties, for this purpose. The area disturbed during the creation of this easement shall be restored, as closely as possible, to the condition it existed in before the works took place.

Schedule 2

1. Standard conditions adopted by Council for Dual Occupancy development.

2. Engineering conditions.

3. Payment of Section 94 Contribution Fees of:-

Open Space$4282.00
Community Services and Facilities$2740.00
Management$182.17
Drainage $1484.69
Library – Infrastructure$1259.00
Library – Bookstock Acquisition$7.11

4. Additional Conditions:
* * * * *


APPENDIX



COMMITTEE'S DECISION

THAT the application be granted a deferred commencement approval.

FURTHER, THAT the tree species in the landscape plan (Condition 4(b)) be varied to the satisfaction of Council's Tree Preservation Officer.
(Moved Clr S McMahon/Seconded Clr M Frawley)

Meeting Date: 02/04/2003


DAC005.03 - 03

669-671 FOREST ROAD, PEAKHURST AND 8-12 NEILSON AVENUE, PEAKHURST (DA 20020801) SEPP 5 APPLICATION - AGED CARE
FACILITY

APPLICANT

Georges River Presbytery Aged Care

PROPOSAL

SEPP 5 Application - Aged Care Facility

ZONING

Part Zoned No 2 - Residential and No 5(a) - Special Uses
(Church)

APPLICABLE PLANNING INSTRUMENT/S

SEPP 5

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Georges River Presbytery Aged Care

EXISTING DEVELOPMENT

Dwelling Houses, Existing Church Building, Outbuildings

COST OF DEVELOPMENT

$8,614,000.00

REASON FOR REFERRAL TO COUNCIL

Objections Received

REPORT AUTHORS

Manager - Development Assessment, Mr P Thomas

FILE NO

DA 20020801


EXECUTIVE SUMMARY



RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.
___________________________________________________________________________

REPORT DETAIL


BACKGROUND

The application was deferred at the Development Assessment Committee Meeting of 5 March 2003 for comment by the Traffic Committee and Councillor Inspection.

The site was inspected on 19 March 2003.

Traffic Committee Comments

The Traffic Committee met on 6 March 2003 and endorsed the original comments from the Traffic Analyst with the following additional comments:

"The proposed vehicular access to the development from Neilson Avenue is satisfactory.

The geometric layout of the car parking areas are also satisfactory.

The truck turning bay will allow trucks to enter and exit in a forward direction.

The fact that Neilson Avenue is a cul-de-sac makes it an excellent road for vehicular access to the proposed development."

The exact same situation exists at the Leisureworld Nursing Home on Baumans Road, with vehicular access from Bridge View Road (a cul-de-sac). This is seen as a good example of traffic management.

The Traffic Analyst has further advised:

For the assistance of Councillors, the original report is reproduced below:

"PRECIS OF REPORT1. This development application seeks approval to erect an “Aged Care Facility” at No's 8-12 Neilson Avenue and 669-671 Forest Road, Peakhurst comprising of seventy four (74) beds.

2. The development application is submitted under the provisions of State Environmental Planning Policy (SEPP) No. 5 for Older Persons or Persons with Disabilities.

3. Four (4) submissions and seven (7) pro-forma letters were received during the notification period raising concerns about the advertising of the development, privacy, overshadowing, height, bulk, character, noise, traffic and parking.

4. The proposed development generally complies with the requirements detailed in SEPP 5.

5. The proposed development is considered to provide for substantial social benefit, and given this social benefit the application is recommended for approval.SITE AND SURROUNDING DEVELOPMENT

The subject site is an amalgamation of 669-671 Forest Road and 8-12 Neilson Avenue, Peakhurst.

The site is made up of five (5) separate lots, extending from the Forest Road allotments to the Neilson Avenue allotment to the south. The five (5) sites make up a combined site area of 5,416 square metres.

The property known as 671 Forest Road contains the ‘Holy Trinity’ church, which is listed as a heritage item under Hurstville Local Environmental Plan 1994.

The site is part zoned No. 2 - Residential and No. 5(a) - Special Uses (Church) under Hurstville Local Environmental Plan 1994. The property is generally surrounded by residential uses. The majority of the residential uses are single dwelling houses, with the exception of the western boundary where the subject site adjoins an existing Aged Care Facility.

The site is owned by the Uniting Church (Georges River Presbytery) who propose to develop and operate the facility as part of its extensive network of care and housing facilities for ‘older people or people with disability’.


PROPOSED DEVELOPMENT

The subject development application seeks approval to construct a specialised ‘Aged Care Facility’ on the subject site. The works proposed under this Development Application are as follows:

* Adaptive re-use of the existing church building as a social hub of the facility. The curtilage around this Heritage building provides for the main open garden spaces.

* Construction of a part 1, part 2 and part 3 storey building. The proposed building is single storey to Forest Road. The fall of the site toward Neilson Avenue and the need to provide level floor plates leads to a three (3) storey building where is fronts Neilson Avenue.

* The top level (level 3) of the proposed building has one and two bed wards grouped in wings, each have a sitting area. The middle area has kitchen and dinning facilities.

* The middle level has one bedroom units in similar shorter wings. Due to the fall of the land, this level has access to a north facing secure landscaped courtyard, with pedestrian access up to the Forest Road level landscaped areas.

* The lower level has parking and other services. This level is cut into the site, but due to the slope of the land becomes completely exposed at the Neilson Avenue frontage.

The design philosophy behind the proposed building is based on the need to provide residents with a comfortable, secure, home like environment. To this end, the building has been designed so that most residents have their own bedroom or share with only one other person. Each bedroom has its own ensuite bathroom and the facility has a variety of more public spaces.

It is proposed that meals will be prepared partly off-site and partly in the lower level kitchen.

Confused residents (dementia sufferers) have been grouped together on the middle level (level 2) to ensure their security.

All of the building and most of the site is wheelchair accessible to both residents and visitors.

The floor levels have been very much dictated by the ‘Holy Trinity’ church. As this building is a heritage item, the applicants have attempted to make an adaptive re-use of the church building as an activities room. The new building has been designed to frame and link with the historic church on the same level.


STATUTORY REQUIREMENTS

The site is part zoned No. 2 - Residential and No. 5(a) - Special Uses (Church) under the Hurstville Local Environmental Plan 1994. The proposed development is permissible with the consent of Council.

The development has been submitted under the provisions of SEPP No. 5. Although the site is also affected by Council’s Interim Residential Development Code, 1995 (IRDC), the development standards and design requirements specified by SEPP No. 5 override the local controls of Council’s IRDC.

The site has been inspected and the development assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act, 1979.


ASSESSMENT OF THE DEVELOPMENT

A summary of compliance with the development standards and design requirements of SEPP No. 5 is tabled below.


    Development Standard
SEPP No. 5 Guidelines
    Compliance
    Wheelchair Access
100% of beds to have wheelchair access to an adjoining public road, or an internal road, or a driveway and accessible to residents.

10% of beds to have wheelchair access to adjoining public road.
The proposal complies with this requirement.


Building HeightBuilding zones where residential flat buildings are not permitted to be less than 8m highMaximum height = 10.6m (max) – see comment on height below.
    Density and Scale
Floor space ratio (as defined in SEPP 5) to be 0.75:1 or less for hostels and residential care beds located within 400m walking distance of a public transport facility (as defined in SEPP 5)FSR = 0.73:1
    Landscaped Area
A minimum of 25sqm landscaped area for each bed in residential care to be provided.

The landscaped area to be not less than the sum of beds multiplied by 25.
74 beds x 25 = 1850sqm
Required = 1850sqm
Proposed = 2275sqm
    Car Parking
For hostels or residential care, not less than:
1 parking space for each 10 beds, and 1 parking space for each 2 persons employed and on duty at any one time, and
1 parking space suitable for an ambulance.

Therefore, 18 employees divided by 2 = 9, + 74 beds divided by 10 = 8, totalling 17 spaces + 1 ambulance parking space

Required = 17 car spaces +
1 ambulance bay
Proposed = 27 car spaces + 1 ambulance bay
    Site Analysis
Information as described, and appropriate, in Schedule 2 (Site analysis) of SEPP 5.A written statement submitted with the application is considered appropriate.
    Streetscape
Contribute to an attractive residential environment with clear character and identity.




Retain, complement, and sensitively harmonise with any heritage conservation areas or items identified in a Local Environmental Plan and in the vicinity.
The extension has been designed to integrate with the surrounding residential character and soften the existing building as presented to the street.

The design and finishes of the proposed building are attractive and will contribute positively to the streetscape in this section of Forest Road and Neilson Avenue.

While the proposed building is relatively high on the Neilson Avenue frontage, the applicant has attempted to mitigate this height by providing setback from the adjoining residential properties ranging from 4m to 7.4m.
    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.
Satisfactory







Satisfactory
    Solar Access and Design for Climate
Adequate daylight to the main living areas of neighbours and residents.

Adequate sunlight to private open space.

Natural ventilation, solar heating and lighting.
Satisfactory



Satisfactory


Satisfactory
    Stormwater
Control and minimise the stormwater flow runoff.



Include on-site stormwater detention or re-use for second quality water uses.
The proposed development has been referred to Council’s Manager, Development Advice. The Manager raises no objection to the proposed development subject to the preparation of an appropriate Hydraulic Design, which is to include on-site detention.
    Crime Prevention
Provide personal property security for residents and visitors.The operation of the aged care facility will include security measures for personal property. The main entry will be controlled by video surveillance and monitored on site. Vehicle entry to the building will be controlled after hours by security code.
    Accessibility
Provide convenient obvious and safe pedestrian and vehicular links to and from the site.All paths are to be lit with bollards and downlights. The development proposes ramped access to Forest Road, which provides a level pathway to the wider area.

Secure parking is available for staff and visitors under the building with some overflow parking outside in a well lit and wheelchair accessible car park.

Wheelchair access is provided throughout the building and through most of the site. While the site has a fall of approximately 11 metres from north to south, access is provided by a lift and paths to ensure a continuous line of travel throughout the entire site from top to bottom including all street frontages, the Common facility, communal outdoor areas and the car parking area.
    Waste Management
Provide waste facilities that maximise recycling.Appropriate facilities will be installed.
    Visual Bulk
Minimise visual bulk.The design of the proposed development will be generally sympathetic to the surrounding residential area. The architectural style and fenestration, as well as finishes of the proposed building are of a good quality, resulting in an attractive building.

The impact of the building on Forest Road streetscape is quite reasonable.

At the Neilson Avenue frontage the proposed building will present as a three storey building. While reasonably high at this point, the use of appropriate breaks in the façade to minimise the bulk of the building, as well as generous side boundary setbacks and landscaping the proposed impact on the streetscape is considered reasonable.
As illustrated above, the proposed development generally complies with the objectives and technical standards contained in State Environmental Planning Policy No.5.

While generally complying with the requirements of State Environmental Planning Policy No.5, the following issues were given particular regard in the assessment of the subject facility:

Height

Height of buildings is controlled by Clause 13(2) of SEPP 5. Clause 13 (2) states:
As identified above, the proposed development has a maximum height of three (3) storeys and 10 metres as measured vertically from the underside of the upper level ceiling to the natural ground level below. The three storey portion of the building is within the residential zoned sites fronting Neilson Avenue. The applicant makes the following statement with regard to the height of the proposed development:
Comment

* Overshadowing
Overshadowing of the properties at No.4 and 6 Neilson Avenue was raised as an issue during the assessment of the originally proposed building. These properties are already considerably overshadowed by a large metal building which sits adjacent to these properties northern (rear) boundary.

The residents of these properties objected to the proposed development due to the increased overshadowing which would result from the originally proposed building. This issue was raised with the applicant, who subsequently made appropriate design changes to the proposed development to ensure the residents will enjoy the same level of solar penetration as currently experienced.

Primarily the design change involves increasing the setback of the second storey of the subject wing from 4m to 7.4m. While this led to a loss in floor area, the applicant has been able to maintain the number of occupants by increasing the proportion of two (2) bedrooms.

The applicant has provided shadow diagrams which illustrate that the residents of No.4 and 6 Neilson Avenue will enjoy the same level of solar access with the new building as currently enjoyed, given the large metal shed existing close to the boundary.

Having regard to the design change to increase the buildings setback from the common boundary, and given the residents at 4 and 6 Neilson Avenue will enjoy the same level of solar access as presently enjoyed, the shadow impact of the proposed building is considered to be acceptable.

* Privacy
The privacy of the residents at 4 and 6 Neilson Avenue was also raised as a concern during the assessment process. The privacy concern primarily related to overviewing from the beds proposed on the upper level of the building where it extends along the northern boundary of the subject properties.

With the abovementioned redesign, whereby the applicant proposes to increase the setback of this upper level from 4m to 7.4m, the applicant also proposes to install fixed horizontal louvres to all potentially offending window openings. As identified by the applicant “this will result in view lines of occupants being restricted to roof structures, upper canopy trees and the skyline beyond. The privacy of adjoining yards will thereby be protected.”

Given the proposed use of horizontal louvres, the proposed development is not considered to result in an undue loss of privacy.

* Traffic
The applicant has provided detailed information with regard to the anticipated parking which may be generated by the proposed development and the subsequent car parking. The applicant has provided the following statement with regard to traffic and parking:The proposed development was referred to Council’s Manager, Traffic and Transportation who made the following comment:Given the above, the proposed development is considered satisfactory with regard to traffic and parking.

* Trees
The application was referred to Council’s Tree Preservation Officer (TPO). Council’s TPO recommends retention of a Eucalyptus robusta which is located in the northern corner of the site.

The subject tree is located in a position that makes it difficult to retain. The applicant proposes to retain a cluster of eucalypts in this northern corner of the site, but unfortunately due to design constraints the subject tree cannot be retained.

As such, the applicant seeks Council approval to remove the tree.

* Heritage
As mentioned above, the proposed development is to be constructed around an existing heritage item know as the ‘Holy Trinity’ church which is located at 671 Forest Road. The church building is listed as a Heritage Item under Hurstville Local Environmental Plan 1994 and as such, the application was referred to Council’s Heritage Adviser for comment. Council’s Heritage Adviser made the following comment:As identified above, the proposed development (subject to appropriate conditions) is considered appropriate and will not diminish the heritage significance of the church buildings. It is proposed to include the abovementioned conditions in any consent.


DIVISIONAL REFERRALS

Building Surveyor

The Building Surveyor raised no objection subject to the imposition of conditions relating to compliance with the Building Code of Australia.

Manager, Development Advice

The Manager raised no objection subject to appropriate conditions relating to drainage and vehicular access.

Manager, Traffic and Transportation

The Manager raises no objection to the proposed development based on traffic or car parking grounds.

Tree Preservation Officer

The Tree Preservation Officer advises that there is a large Eucalyptus robusta that he recommends for retention (see Trees in assessment above).


PUBLIC NOTIFICATION AND COMMENT

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.

Four (4) submissions and seven (7) pro-forma letters were received during the notification period and their concerns are summarised below:

1. Privacy
2. Height
3. Traffic, Parking & Noise
4. Overshadowing
5. Noise
6. Stormwater Drainage
7. Devaluation of Property Value

Comment:

* Loss of Privacy – Adjoining residents at No’s 4 and 6 Neilson Avenue raise concern about the possible loss of privacy, which may result from the proposed development. The residents concerns appear to particularly focus on the section of the building which is proposed along their northern (rear) boundary.

When the original application was notified, the applicant proposed two levels set 4 metres from the rear boundary containing a number of one and two bedroom rooms overlooking the rear yards of 4 and 6 Neilson Avenue.

As identified in the above report, the proposed development was amended to ensure the proposed development did not lead to excessive overshadowing or privacy for the subject properties. The amendments included increasing the setback of the second level from 4 metres to 7.4 metres, as well as proposing horizontal louvres on all windows which have a direct view into the rear yards of 4 and 6 Neilson Avenue.

Due to the increased setbacks and the provision of privacy screens, it is unlikely that the development will unreasonably impact on the privacy of the adjoining properties.

* Height – A number of the objectors feel that the proposed development is out of character with the surrounding residential development.

The objectors raise concern about the three (3) level appearance of the building in Neilson Avenue. This issue has been canvassed in the main body of the report above. While it is acknowledged that the proposed development is greater than the normal 8 metre height limit identified by SEPP 5 (measured to upper level ceiling) this height is created by a number of site constraints. As identified above, the height of the building has been influenced by the need to retain and utilise the existing church building, the significant fall of the land toward Neilson Avenue and the operational needs of this type of facility.

While the proposed building will be higher than the surrounding dwelling houses, it is considered that the applicant has attempted to minimise the impact of this height by providing substantial setbacks from the street and the side boundaries. This coupled with suitable landscaping and building materials should ensure that the building has an appropriate appearance to Neilson Avenue.

It is considered that given the site constraints, coupled with the high social benefit of the project, the height on the Neilson Avenue frontage should be supported.

* Increase in traffic, on street parking and noise – All of the objectors raise concern about the level of vehicular movements entering and exiting the site while under construction as well as when the facility is completed.

The issue of traffic and parking has been canvassed in the above report. While the majority of the residents appear concerned about the level of car parking provided, it must be remembered that the parking exceeds the requirements of SEPP 5, and appears suitable for this form of development.

Council’s Manager Traffic and Transportation has raised no objection to the proposed development.

* Overshadowing – Two of the objectors raise concern that the proposed development will lead to significant overshadowing of their properties. The affected properties are No's 4 and 6 Neilson Avenue. Both properties are located to the south of the proposed development and will be overshadowed by the proposed building.

These properties are on the southern down hill side of the proposed development and are overshadowed to a significant degree by the existing buildings on the site.

* Stormwater Drainage – One objector raises concern about the disposal of stormwater. Council’s Manager, Development Advice has provided conditions to ensure appropriate drainage.

* Devaluation of Property – A couple of the objectors raise concern that the proposed development will lead to a devaluation in the property value.

There is no evidence to suggest that the proposed development will result in a loss of property value in the vicinity of the subject site and in any event, this is not a relevant consideration under Section 79C of the Environmental Planning and Assessment Act.


SUMMARY

This development application seeks approval to erect an ‘Aged Care Facility’ at 669-671 and 8-12 Neilson Avenue, Peakhurst. The development application is submitted under the provisions of State Environmental Planning Policy No. 5 for Older Persons or Persons with Disabilities.

The proposed development generally complies with the requirements detailed in SEPP 5. The proposed development is considered to have merit given the site location and constraints.

The proposed development has been assessed against the provisions of Section 79C of the Environmental Planning and Assessment Act, 1979.

The proposed development is considered to provide substantial social benefit, which outweighs any perceived negative impacts. Given the social benefit, and given that the proposed development has been design in accordance with the SEPP 5 requirements, and has good regard for neighbouring properties residential amenity, the proposal merits approval subject to the conditions in the recommendation.


RECOMMENDATION

THAT, pursuant to the powers vested in Council by Section 80(1) of the Environmental Planning and Assessment Act, 1979, the Council, as the consent authority, grant consent to DA 20020801 for the demolition of the existing buildings and the construction of a part 1, part 2 and part 3 storey Aged Care Facility comprising of 74 beds on land known as Portion 1 DP 953763, Portion 47 DP 15624, Lots 15, 16 and 17 DP 28181, 669-671 Forest Road and 8-12 Neilson Avenue, Peakhurst, subject to:

1. The standard conditions adopted by Council for multi unit (residential flat building) development.

2. Other Conditions specified below:


APPENDIX



COMMITTEE'S DECISION

THAT the application be approved in accordance with the conditions included in the report, subject to the following additional conditions:-

THAT Council generally limit the access to and from the site for demolition, excavation and construction vehicles from Forest Road.

THAT the applicant be required to submit a traffic management plan for the construction of the complex detailing such vehicles using Forest Road as their main access. The traffic management plan should also include the method of liaison with all affected residents in the local streets, including Tournay Street, Neilson Avenue and Forshaw Avenue, and define the traffic route to and from the site, for approval by the Hurstville Traffic Advisory Committee.

FURTHER, THAT Council's Law Enforcement Officers be directed to enforce this restriction on request of the Manager - Development Control.
(Moved Clr M Frawley/Seconded Clr S Nasser)

Meeting Date: 02/04/2003


DAC005.04 - 03

12 OMARU STREET, BEVERLY HILLS (DA 20030098) PROPOSED
DUAL OCCUPANCY DEVELOPMENT WITH DEMOLITION OF
EXISTING DWELLING HOUSE AND TORRENS TITLE SUBDIVISION

APPLICANT

G K Wilson & Associates Consulting Surveyors

PROPOSAL

Proposed Dual Occupancy Development with Demolition of
Existing Dwelling House and Torrens Title Subdivision

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Dual Occupancy Housing Development Control Plan No 11,
Hurstville Local Environmental Plan 1994

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mr Tony El-Jouni

EXISTING DEVELOPMENT

Single Dwelling House

COST OF DEVELOPMENT

$320,000.00

REASON FOR REFERRAL TO COUNCIL

Two (2) objections received

REPORT AUTHORS

Acting Development Assessment Officer, Ms L Sarayeldin

FILE NO

DA 20030098


EXECUTIVE SUMMARY

1. The development application seeks approval to erect a dual occupancy development with the demolition of the existing dwelling house and Torrens title subdivision.

2. The proposed development fulfils the 630 square metre density requirements of Council’s Dual Occupancy Housing Development Control Plan No 11, however does not meet all requirements of the Development Control Plan.

3. Two (2) submissions were received.


RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

___________________________________________________________________________

REPORT DETAIL


SITE AND SURROUNDING DEVELOPMENT

The site is situated in Omaru Street, Beverley Hills, on the end of the cul-de-sac. The site is of an irregular shape having a total area of 633.0 square metres. The site has an eastern aspect fronting onto Omaru Street and a 1.5 metre fall towards Omaru Street.

The site contains a single storey clad dwelling house with a fibro roof, a concrete pool and a detached fibro shed.

The subject site is surrounded with a combination of single and two storey dwelling houses. There is a new two storey dual occupancy building located to the south of the site.


PROPOSED DEVELOPMENT

The proposed development is for the demolition of the existing dwelling house and the erection of an attached dual occupancy. Each dwelling is to contain a living room, dining area, kitchen, study, family, laundry, bathroom and four bedrooms one with an ensuite. Each dwelling is also proposed to have a single garage and a single car space on the driveway in front of the garage.


STATUTORY REQUIREMENTS

The site is zoned 2 – Residential under the provisions of the Hurstville Local Environmental Plan 1994. The proposed development is permissible with the consent of the Council.

The development is subject to the requirements of the Hurstville City Council’s Dual Occupancy Housing Development Control Plan No 11.

The development has been inspected and assessed under the relevant Section 79C(1) “Matters for Consideration” of the Environmental Planning and Assessment Act 1979.


ASSESSMENT OF DEVELOPMENT

A table of the technical standards and the compliance of this development is detailed below.

Dual Occupancy Housing DCP No. 11StandardProposalComplies
Site Area630sqm633.3sqmYes
Street Frontage15m9mNo (Yes at 5.5m setback)
Attached dwellingsYesYesYes
Front Boundary Setback5.5mNorth 5.7- 7m
South 5.5-10m
Yes
Rear Boundary SetbackNorth 16m
South 14m
North 16m
South 14m
Yes
Side Boundary Setback1.5- 3mNorth 1.5-3m
South 1.5- 3m
Yes
Second Storey Rear Setback3m3mYes
Garage Recess300mm5mYes
Floor Space Ratio0.6:10.54:1Yes
External Wall Height6m6mYes
Ridge Height9m9mYes
Roof Pitch25-35 degreesNorth 27.5 degrees
South 27.5 degrees
Yes
Car ParkingGarage + DrivewayGarage + DrivewayYes
Light Well1.5m x 3m1.5m x 3mYes

The development proposal generally complies with the objectives and technical standards contained in Council’s Dual Occupancy Housing Development Control Plan.

Frontage

The proposed development does not meet the minimum frontage requirement of 15 metres for Dual Occupancy Developments; the frontage is 9 metres. Considering that the site is located in a cul-de-sac, and a 15 metre width is maintained from the building line to the rear boundary this is in accordance with the Development Control Plan.

Although a minor variation exists, the development proposal generally complies with the technical requirements of Council’s Development Control Plan No 11. The development proposal provides a good design outcome for a site of irregular shape in a cul-de-sac.


DIVISIONAL REFERRALS

Health and Building Surveyor

The Health and Building Surveyor raises no objection to issuing development approval subject to the imposition of appropriate conditions relating to the construction process and compliance with the Building Code of Australia.

Manager - Development Advice

The Manager, Development Advice raises no objection to the proposed development subject to the appropriate conditions relating to vehicular access and drainage.

Tree Preservation Officer

Council’s Tree Preservation Officer (TPO) has advised that the existing Norfolk Island Pine in the front yard is to be retained and two (2) Eucalyptus trees in rear yard are to be retained and incorporated into the landscape plan.

There are no other significant trees on the property.


PUBLIC NOTIFICATION AND COMMENT

In accordance with Council practice, adjoining residents were notified of the proposal by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.

Two (2) submissions were received during the notification period raising the following concerns.

Privacy

Two (2) objectors oppose to the number of windows that overlook the property from the second floor and the balcony at the rear of the proposed development. One objector states the windows of Bedroom Two and Three: “Enroaches on our privacy…and we believe the placement of these windows will not enable us to freely open up the blinds that lead to the outdoor area where visiting children are supervised”. The proposed windows are believed to overlook the objector’s outdoor area and main living room of the household.

Comment: Given that the windows of concern are bedroom windows, they would consequently be predominantly used at limited hours of the day.

The balcony at the rear has proposed to incorporate timber screens for privacy. This will maintain some privacy for both occupants of the proposal as well as adjoining dwellings.

The proposed development does not unreasonably impact on the privacy of any neighbours, nor will it afford greater overlooking of adjacent properties.

Overshadowing

One (1) objector raises the concern of overshadowing in which is stated as covering “A substantial portion of the back yard”.

Comment: The proposed development does overshadow the northern end of the backyard between the hours of 9.00am-12.00pm in June. This is a total of three hours of no sun exposure to the end of the backyard in mid-winter, at other times sun access will be available. This has no significant effect on the adjoining dwelling house located in this lot.

Fence

One (1) objector objects to the removal of an existing new metal fence on the southern boundary to make way for the proposed high lapped and capped timber fence.

Comment: This issue will need to be resolved between the property owners.

Natural Water Drainage and Run-Off

One (1) objector questions whether natural water drainage and run-off has been incorporated into the design of the development proposal.

Comment: The site has a natural slope towards the street and all rainwater will run to the existing roadway gutter. Natural water drainage and run-off meets the criteria set in Council’s Development Control Plan No. 11- Dual Occupancy Housing.

Removal of Asbestos Fibro

One (1) objector expresses his concern for the removal of the shed as it may cause asbestos fibres to be released into the air or alternatively into his backyard.

Comment: The demolition of the existing shed shall be carried out strictly in accordance with Australian Standard 2601-1991 “The Demolition of Structures”. As the shed contains asbestos, the demolition will be subject to relevant conditions.


SUMMARY

The development generally complies with the relevant objectives and the requirements specified in the Council’s Development Control Plan No. 11- Dual Occupancy Housing.

The development is considered to be of satisfactory design and is of minor impact to the surrounding properties. The development has been inspected and assessed under the relevant Section 79C(1) ‘Matters for Consideration’ of the Environmental Planning and Assessment Act 1979.


RECOMMENDATION

THAT, pursuant to the powers vested in Council by Section 80(1) of the Environmental Planning and Assessment Act, 1979, the Council, as consent authority, grant development consent under DA 20030098, for the erection of a dual occupancy development and demolition of an existing dwelling and Torrens title subdivision on land known as Lot 201 and 202, DP 1042994, 12 Omaru Street, Beverly Hills subject to:

1. Standard conditions adopted by Council for Dual Occupancy development and demolition.

2. The demolition procedures for the asbestos shed are to be strictly in accordance with relevant standards set in the Building Code of Australia.

* * * * *

APPENDIX



COMMITTEE'S DECISION

THAT the application be approved in accordance with the conditions included in the report.
(Moved Clr S McMahon/Seconded Clr M Frawley)

Meeting Date: 02/04/2003


DAC006.01 - 03

LOT 4, 37-45 WOODLANDS AVENUE, LUGARNO (DA 20010371)
SECTION 82A REVIEW OF DETERMINATION

APPLICANT

Stephen Gilbert & Associates - Solicitors

PROPOSAL

Section 82A Review of Determination

ZONING

Zone 2 - Residential, Development Area A

APPLICABLE PLANNING INSTRUMENT/S

Not given

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mr A Alafaci

EXISTING DEVELOPMENT

Not given

COST OF DEVELOPMENT

Not given

REASON FOR REFERRAL TO COUNCIL

Section 82A to be determined by the Development
Assessment Committee

REPORT AUTHORS

Manager - Development Assessment - Mr P Thomas

FILE NO

DA 20010371


EXECUTIVE SUMMARY

  1. The application is a Section 82A Review of the refusal (1 August 2001) to grant development consent for the erection of a swimming pool.
  2. The pool is located in an area in front of the foreshore building line and affected by a covenant that prohibits any development.
  3. The pool has been partly excavated.
  4. One (1) late submission was received.



RECOMMENDATION

A THAT the Development Assessment Committee review the application for the swimming pool and determine the Section 82A Review of Determination.

B In the event that the Council is willing to favourably review the Section 82A Review and approve the application, it is suggested that a Deferred Commencement Consent be granted, subject to standard conditions for swimming pools, and pending the variation to the restrictive covenant in DP 1012655, by Council's Solicitors at the applicant's expense, as suggested by the applicant in their 'Memorandum of Variation of Restriction of Use of Lot 4, DP 1012655'.
___________________________________________________________________________

REPORT DETAIL


BACKGROUND

APPENDIX



COMMITTEE'S DECISION

A THAT the Council does not support the Section 82A Review of Determination.

B THAT Council commence proceedings to order the restitution of the ground and the removal of any structures.

C FURTHER, THAT legal action be taken for the unauthorised building works.
(Moved Clr P Sansom/Seconded Clr J Morris)

Meeting Date: 02/04/2003


DAC006.02 - 03

827 FOREST ROAD, PEAKHURST (DA 20030033) DEMOLITION OF
THE EXISTING DWELLING HOUSE AND THE ERECTION OF AN
ATTACHED DUAL OCCUPANCY WITH TORRENS TITLE
SUBDIVISION

APPLICANT

Masterton Homes and Mr Mark Harbour

PROPOSAL

Demolition of the Existing Dwelling House and the Erection
of an Attached Dual Occupancy with Torrens Title Subdivision

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Development Control Plan No 11, Hurstville Local
Environmental Plan 1994

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mark Harbour

EXISTING DEVELOPMENT

Dwelling House

COST OF DEVELOPMENT

$369,990.00

REASON FOR REFERRAL TO COUNCIL

Variations to Development Control Plan No 11

REPORT AUTHORS

Development Assessment Officer, Mr P Nelson

FILE NO

DA 20030033


EXECUTIVE SUMMARY

  1. This development application seeks approval for demolition of the existing dwelling house and the erection of an attached dual occupancy. Some level on non-compliance with Council's Dual Occupancy Housing Development Control Plan No 11 is proposed but variations are supported due to the irregular nature of the allotment boundaries.
  2. No objections have been received with regards to the proposal.



RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.
___________________________________________________________________________

REPORT DETAIL


SITE AND SURROUNDING DEVELOPMENT

APPENDIX



COMMITTEE'S DECISION

THAT the application be approved in accordance with the conditions included in the report.
(Moved Clr P Sansom/Seconded Clr C Lee)

Meeting Date: 02/04/2003


DAC006.03 - 03

5 BOYD AVENUE, LUGARNO (DA 20021102) FIRST FLOOR
ADDITION TO EXISTING DWELLING HOUSE

APPLICANT

D Kilroy

PROPOSAL

First Floor Additions to Existing Dwelling House

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Code for Single
Dwelling Houses

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mr D A Kilroy

EXISTING DEVELOPMENT

One and Two Storey Dwelling House

COST OF DEVELOPMENT

$184,000.00

REASON FOR REFERRAL TO COUNCIL

One objection received and breaches of Single Dwelling
Code

REPORT AUTHORS

Development Assessment Officer, Mr T Ristevski

FILE NO

DA 20021102


EXECUTIVE SUMMARY

1. This application seeks approval to construct a deck addition to the existing ground floor and a first floor addition.

2. The proposal complies generally with the objectives and prescriptive requirements of the Hurstville City Council's Code for Single Dwelling Houses.

3. One (1) letter of objection was received.


RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

___________________________________________________________________________

REPORT DETAIL

APPENDIX



COMMITTEE'S DECISION

THAT the application be approved in accordance with the conditions included in the report.
(Moved Clr J Morris/Seconded Clr P Sansom)

Meeting Date: 02/04/2003


DAC006.04 - 03

55 ALLWOOD CRESCENT, LUGARNO (DA 20021092)
ALTERATIONS AND ADDITIONS TO SINGLE DWELLING HOUSE

APPLICANT

James Huang and Rose Long

PROPOSAL

Alterations and Additions to Single Dwelling House

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Code for Single
Dwelling Houses

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

James Jian Huang and Xuan-Ji Rose

EXISTING DEVELOPMENT

Two storey dwelling house

COST OF DEVELOPMENT

$20,000.00

REASON FOR REFERRAL TO COUNCIL

One (1) objection received

REPORT AUTHORS

Development Assessment Officer, Mr T Ristevski

FILE NO

DA 20021092


EXECUTIVE SUMMARY

1. This application seeks the approval to construct alterations and additions to the existing single two storey dwelling house.

2. The proposal complies with all the minimum objectives and numerical requirements of the Hurstville City Councils Code for Single Dwelling Houses.

3. One (1) letter of objection was received.


RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

___________________________________________________________________________

REPORT DETAIL


SITE AND SURROUNDING DEVELOPMENT

The subject site is located on the south western side of Allwood Crescent, between Gull Place and the cul-de-sac at Allwood Crescent Lugarno.

Numbers 55 and 57 Allwood Crescent are both battleaxe properties with a significant difference in level of approximately 5.0 to 10.0 metres (57 Allwood being on the lower side).

Existing on site is a two storey dwelling house.

It is proposed to increase the deck entry area, install new windows to the lounge room and dining room on the northern elevation and increase the size of the dining room, all on the ground floor.

On the first floor is proposed to add new windows to the upper living room on the northern wall, a new window to the study room and bathroom on the southern wall and a balcony over the extension to the dining room.


STATUTORY REQUIREMENTS

The site is zoned 2 – Residential under the provisions of the Hurstville Local Environmental Plan 1994. The proposal is permissible with the consent of Council.

The subject application is affected by the requirements of Hurstville City Council’s Code for Single Dwelling Houses.The proposal has been assessed under the relevant Section 79C(1) – ‘Matters for Consideration’ of the Environmental Planning and Assessment Act (as amended) 1979.


ASSESSMENT OF DEVELOPMENT

The proposed alterations and additions to the subject site comply with the objectives and the minimum numerical requirements of Hurstville City Councils Code for Single Dwelling Houses.

A summary of compliance with the minimum standards is addressed below:The proposed alterations and additions are minor in nature and are suitable for approval. The height, setbacks, overshadowing, landscaping, etc, are all existing and will not be affected by the proposal.


PUBLIC NOTIFICATION AND COMMENT

Adjoining neighbours were notified by letter on 31 December 2002 and were given twenty one (21) days in which to view the plans and submit any comments on the proposal.

One (1) submission was received within the specified period of time, raising issues concerned with setback, structural stability, style of addition and privacy.

Setback

Comment: The proposed addition of the timber deck platform attached to the existing deck area and forms part of the entry area to the existing dwelling house. The entry deck will be situated on the boundary and will be supported on pipe columns.

Structural Stability

Comment: The proposed deck is of lightweight structure and will bear on the existing sandstone foundation. The cracking in the existing retaining wall will have no impact on the proposed deck which is independently supported.

Style of Addition

Comment: Reference was made to the style of the white steel lace pattern ‘Colonial Style’ hand railing on the proposed deck. The dwelling house is generally a 1970’s style dwelling but does not reflect any specific type of architecture. The dwelling is located on a battleaxe, which cannot be seen from the street and the style of balustrading is a matter of personal choice.

Privacy

Comment: It is proposed to install four (4) new windows on the northern wall for access to northern natural light. However privacy could be an issue and will therefore be controlled by a condition of consent to have all the windows on the northern wall installed with obscure or translucent glass.


SUMMARY

The development generally complies with the relevant objectives and the requirements specified in the Council’s Code for Single Dwelling Houses.

The development is considered to be of a satisfactory design and is of minor impact to the surrounding properties. The development has been inspected and assessed under the relevant Section 79C(1) ‘Matters for Consideration’ of the Environmental Planning and Assessment Act 1979.


RECOMMENDATION

THAT, pursuant to the powers vested in Council by Section 80(1) of the Environmental Planning and Assessment Act, 1979, the Council, as consent authority, grant development consent under DA 20021092, for the development of alterations and additions on the land known as Lot 36, DP No.236254, 55 Allwood Crescent Lugarno, subject to:

1. Standard conditions adopted by Council for single dwelling houses.

2. The following additional conditions.

a) All windows on the northern wall are to be glassed with obscure or translucent glass to maintain privacy to the adjoining dwellings.

b) The footings of the proposal deck shall be founded on stable sandstone.

c) The balustrade to the deck shall be at least 1m above the deck surface.


* * * * *

APPENDIX



COMMITTEE'S DECISION

THAT the application be approved in accordance with the conditions included in the report, plus the following additional conditions:-

d) The external edge of the proposed deck is to be located at least 900mm from the boundary.

e) A planter screen is to be included along the external edges of the proposed deck to afford privacy to the adjoining property.

f) The applicant is required to repair the retaining wall on the northern portion of the property and to submit a structural engineer's certificate to Council, at the completion of the building works to the dwelling house.
(Moved Clr P Sansom/Seconded Clr J Morris)

Meeting Date: 02/04/2003


DAC006.05 - 03

5 STRINGYBARK PLACE, LUGARNO (DA 20020886) NEW PART
TWO AND PART THREE STOREY DWELLING HOUSE AND
INTERNAL INGROUND SWIMMING POOL

APPLICANT

Peter and Elizabeth Agioski

PROPOSAL

New Part Two and Part Three Storey Dwelling House and
Internal Inground Swimming Pool

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Code for Single
Dwelling Houses, Swimming Pool and Spa Code

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Peter and Elizabeth Agioski

EXISTING DEVELOPMENT

Vacant site

COST OF DEVELOPMENT

$300,000.00

REASON FOR REFERRAL TO COUNCIL

Non compliance with foreshore building line (Hurstville Local Environmental Plan 1994) and restrictions imposed on land

REPORT AUTHORS

Development Assessment Officer, Mr T Ristevski

FILE NO

DA 20020886


EXECUTIVE SUMMARY

1. This application seeks the approval to construct a new part two and part three storey dwelling house with an internal inground swimming pool.

2. The proposal complies with all the requirements of the Hurstville City Council's Code for Single Dwelling Houses and, Swimming Pool and Spa Code.

3. The verandah/terrace areas and stairways at the rear of the dwelling are proposed contrary to the restrictions imposed on the title and the Foreshore Building Line.

4. No letters of objections were received.


RECOMMENDATION

THAT Council determine whether the Restrictions on Title should be modified and defer the application for appropriate redesign.

___________________________________________________________________________

REPORT DETAIL

Code for Single Dwelling HousesRequiredProposedComplies
Site width15.2m approx
Site area1719.0sqm
Clause 3.3.3Building envelope, 1.5m first floor setback or 0.45:1 FSR1.5m first floor setbackYes
Landscape Area55%Over 70%Yes
Height9m max9mYes
Side boundary setback0.9 or 1.5m1.5m setbackYes
Front boundary setback4.5mBattleaxe style allotmentYes
Solar access4hrs of yard area access4hrs of sunlightYes
Car parking2 behind building alignmentDouble garageYes

APPENDIX



COMMITTEE'S DECISION

THAT the application be deferred for redesign in order to comply with the Section 88B Restrictive Covenant and the Foreshore Building Line.
(Moved Clr P Sansom/Seconded Clr J Morris)

Meeting Date: 02/04/2003


DAC006.06 - 03

3/37 WOODLANDS AVENUE, LUGARNO (DA 20021000) ERECTION
OF A PART 2, PART THREE STOREY DWELLING HOUSE

APPLICANT

Benjamin Moussa

PROPOSAL

Erection of a Part 2, Part 3 Storey Dwelling House

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Code for Single
Dwelling House

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Benjamin Moussa

EXISTING DEVELOPMENT

Vacant site

COST OF DEVELOPMENT

$305,500.00

REASON FOR REFERRAL TO COUNCIL

Five (5) submissions received

REPORT AUTHORS

Manager - Development Assessment, Mr P Thomas

FILE NO

DA 20021000


EXECUTIVE SUMMARY

1. The proposal is for the erection of a part 2, part 3 storey dwelling house on the vacant site.

2. DA 20020256 for a dwelling house on the site was refused in September 2002.

3. The proposal does not fully comply with the Dwelling House Code and is proposed to be built closer to a significant tree on the site than authorised in the original subdivision approval.

4. Five (5) submissions were received.

5. The application was deferred at the Development Assessment Committee meeting of 5 March 2003 for further consideration by the Tree Preservation Officer.


RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

___________________________________________________________________________

REPORT DETAIL


BACKGROUND

The Development Assessment Committee deferred determination of the proposal, pending the provision of detailed advice from Council’s Tree Preservation Officer in relation to the distance that the building is proposed to be located from a significant tree on the site.

A condition of the original subdivision of the site required that any subsequent buildings on the site be located 7 metres from the significant tree on the site.

The applicant seeks to build within 4 metres of the tree with a system of suspended slabs.

The initial advice from Council’s Tree Preservation Officer is contained in the original report (attached).

Following the Development Assessment Committee's decision, the matter was referred once more to the Tree Preservation Officer, who has furnished the following comments.

TREE PRESERVATION OFFICERS COMMENTS

'The independent Arborist’s report of 23 October 2002 has been carefully reviewed in relation to excavation of the site for the proposed dwelling construction.

The tree in question is an Angophora costata (Sydney Red Gum) tree, indigenous to Lugarno (not planted by man) standing 18-20 metres in height. It is the most valuable tree to the whole subdivision.

The site was inspected by myself prior to the subdivision in 1998 (subdivision approval 10 November 1998). It was at this time that this tree was marked for preservation, with no excavation within a seven (7) metre radius (from the side of the tree trunk).

A very detailed Arborist’s report has been compiled by the company Tree Wise Men (Peter Castor), on every tree within the proposed subdivision. These trees were all given numbers which were placed on each tree. The Angophora costata tree in question was also the major concern of Peter Castor during his inspection (with and without myself being present).

On 12 March, 2003, I inspected the tree again by myself. From this inspection I can state two (2) main issues of concern:

1. The proposed construction four (4) metres from the building – impact on tree roots compaction (the Independent Arborist recommends a five (5) metre setback).2. The close proximity to the proposed dwelling.

It is my opinion this tree will go into decline and eventually die if this proposed is constructed. The seven (7) metre setback was already a condition on this site when the applicant purchased Lot 3.

An updated Independent Tree Report would be suggested before a DA approval is granted.'

For the assistance of Councillors, the original report is reproduced below.

* * * * *

APPENDIX



COMMITTEE'S DECISION

THAT the application be redesigned to adhere to the 7m setback from the significant tree on the site, a condition of the original subdivision.
(Moved Clr P Sansom/Seconded Clr J Morris)

Meeting Date: 02/04/2003


DAC006.07 - 03

19 CHARLES STREET, RIVERWOOD (DA 20030076) PROPOSED
DUAL OCCUPANCY DEVELOPMENT WITH DEMOLITION OF
EXISTING DWELLING HOUSE

APPLICANT

Mitz Design

PROPOSAL

Proposed Dual Occupancy Development with Demolition of
Existing Dwelling House

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Development Control Plan No 11 - Dual Occupancy Housing,
Hurstville Local Environmental Plan 1994

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mr and Mrs Ribarevski

EXISTING DEVELOPMENT

Single Dwelling House

COST OF DEVELOPMENT

$200,000.00

REASON FOR REFERRAL TO COUNCIL

One (1) objection received

REPORT AUTHORS

Acting Development Assessment Officer, Ms L Sarayeldin

FILE NO

DA 20030076


EXECUTIVE SUMMARY

1. The proposed development is for the demolition of the existing dwelling house and erection of an attached dual occupancy.

2. The site does not fully comply with the Dual Occupancy Housing Development Control Plan No 11.

3. One (1) submission was received.


RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

___________________________________________________________________________

REPORT DETAIL


APPENDIX



COMMITTEE'S DECISION

THAT the application be approved in accordance with the conditions included in the report.
(Moved Clr S McMahon/Seconded Clr B Giegerl)

Meeting Date: 02/04/2003


DAC006.08 - 03

13 BALLANDA AVENUE, LUGARNO (DA 20030017) ALTERATIONS
AND ADDITIONS TO EXISTING DWELLING HOUSE

APPLICANT

Do Cao Nguyen

PROPOSAL

Alterations and Additions to Existing Dwelling House

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Code for Single
Dwelling Houses

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mr S M and Mrs B Agostini

EXISTING DEVELOPMENT

Single Dwelling House

COST OF DEVELOPMENT

$80,000.00

REASON FOR REFERRAL TO COUNCIL

One (1) objection received and non compliance with Council's
Code

REPORT AUTHORS

Development Assessment Officer, Mr T Ristevski

FILE NO

DA 20030017


EXECUTIVE SUMMARY

1. This application seeks the approval to construct alterations and additions to existing single dwelling house.

2. The proposal complies generally with Council's Code for Single Dwelling Houses apart from the overall height requirement.

3. One (1) letter of objection was received.


RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

___________________________________________________________________________

REPORT DETAIL


SITE AND SURROUNDING DEVELOPMENT

The subject site is located on the western side of Ballanda Avenue, at the end of the street adjoining the large undeveloped land holding.

Ballanda Avenue consists of eighteen (18) properties which are developed with one and two storey dwellings with more than 50% of these properties containing swimming pools.

The subject site is irregular in shape and has a 1.83m wide drainage easement along the northern boundary and slopes steeply towards the street.


STATUTORY REQUIREMENTS

The site is zoned 2 – Residential under the provisions of the Hurstville Local Environmental Plan 1994. The proposal is permissible with the consent of Council.

The subject application is affected by the requirements of Hurstville City Council’s Code for Single Dwelling Houses.

The proposal has been assessed under the relevant Section 79C(1) – ‘Matters for Consideration’ of the Environmental Planning and Assessment Act 1979.


ASSESSMENT OF DEVELOPMENT

The proposed application for alterations and additions has been assessed in accordance with Hurstville City Council’s Code for Single Dwelling Houses.

It is proposed to alter the windows to the ground floor family room, attach an awning to the rear of the dwelling over the existing swimming pool and carry out some minor demolition work of internal walls.

The proposed new first floor is to consist of a master bedroom with an attached ensuite and walk-in robe, three additional bedrooms, a bathroom, sitting room and a balcony attached to the front of the dwelling.

The basement floor is existing with a garage area and store room area. It is however proposed to add a double carport in breach of the building line.

The existing footprint of the dwelling is not to be amended or altered except for the addition of the awning over the existing swimming pool attached to the rear of the dwelling.

A summary of compliance with the minimum standards is addressed below.

Code for Single Dwelling HousesRequiredProposedComplies
Site width19.8m approx
Site area604.75sqm
Clause 3.3.3Building envelope, 1.5m first floor setback or 0.45:1 FSR0.43:1 FSRYes
Landscape area55%56.9%Yes
Height9m max9.85mNo (1)
Side boundary setback0.9m1.2m and 1.5m respectivelyYes
Front boundary setback4.5mZero lot alignmentNo (2)
Solar access4hrs of yard area access4hrs of sunlightYes
Car parking2 behind building alignmentExisting No (2)

(1) Height

The overall height of the building has been calculated at approximately 9.85m with a 30 degree roof pitch. The roof has been designed to accommodate roof space. This however breaches the maximum height limit by 0.85m and has an effect on overshadowing. It is considered that the roof pitch may be reduced to 22.5 degrees which would bring the height down to 9m.

(2) Front Boundary Setback and Car Parking

The footprint of the existing dwelling house remains unaltered. The dwelling is sited 5.8m off the front eastern boundary, 1.2m off the southern side boundary and 2.0m from the northern side boundary which also has a drainage easement 1.8m in width parallel to that boundary. The existing garage is not wide enough to accommodate two cars and the applicant is therefore seeking to provide additional off street parking. The proposed carport will be an open structure with a gable roof erected to the street alignment. The aggregate width of the driveway to serve the garage and the new carport will be approximately 10m which represents 52% of the frontage. Council's policy is to allow 40% of the frontage width as vehicle driveway. In the instant case no objection is raised to the driveway width or the proximity of the carport to the street as there is limited options available for redesign and minimal impact in this locality.


PUBLIC NOTIFICATION AND COMMENT

Adjoining neighbours were notified by letter on 5 February 2003 and 12 February 2003 and were given fourteen (14) days in which to view the plans and submit any comments on the proposal.

One (1) submission was received within the specified period of time raising issues concerned with incorrect drawing title, dual occupancy, 9m height restriction, lining and shadowing, breach of 4.5m setback, size of extension compare to land size, and value of property.

Incorrect Drawing Title

Comment: The original development application was lodged with the title block on all the drawings reading an incorrect address, which was not in the Hurstville Council area and a description relating to a dual occupancy.

This was explained to the architect who rectified the problem by noting the correct address and the appropriate description as alterations and additions. These new architectural plans were re-notified to all the neighbouring properties.

The architect apologised in writing for the misleading information which was only a typing error.

Nine (9) Metre Height Restriction

Comment: The height of the proposed addition to the existing dwelling house has been calculated from natural ground level to the ridge level with an overall height of 9.85m at a 30 degree roof pitch.

A condition of consent to reduce the overall height of the dwelling house to comply with Council’s 9.0m maximum height limit is proposed in the recommendation.

Dual Occupancy

Comment: As explained by the owner and architect, there was never any intention to utilise the existing dwelling house (with the additions) for a dual occupancy purpose.

Lighting and Shadowing

Comment: As stated previously with respect to the height the dwelling will be reduced to comply with a 9.0m maximum height limit.

This will control to some degree the overshadowing to the neighbours property. The proposed alterations and additions to the existing dwelling will however still permit four (4) hours of sunlight to the private open space of the neighbouring affected property. In this regard overshadowing by trees on the applicants property cannot be taken into account.

Front Boundary Setback

Comment: The proposed double carport is proposed on the front eastern boundary and is attached to the existing dwelling house.

The carport is an open structure and is promoting off street parking. Ballanda Avenue, which is a dead end Avenue, is an Avenue containing eighteen (18) houses with minimal traffic and on street parking.

The proposed carport will not interfere with the view to any traffic and will be conditioned to not be enclosed by any wall, roller door or the like.

Size of Extension

Comment: Proposed alterations and additions to an existing single dwelling house must comply with either the building envelope or a maximum of 0.45:1 floor space ratio as per the requirement of Hurstville City Council Code for Single Dwelling Houses.

In this particular case the proposal complies having a maximum floor space ratio of 0.43:1. Should the applicant have considered compliance with the building envelope a floor space ratio would not be required but would be governed by a landscape ratio, thus the site is not considered to be overdeveloped.

Value of Property

Comment: There is no evidence to support possible risk to devaluation of a property and this is not a valid consideration under Section 79C of the Environmental Planning and Assessment Act 1979.


SUMMARY

The development generally complies with the relevant objectives and the requirements specified in the Council’s Code for Single Dwelling Houses and may be approved with a reduction in overall height.

The development is considered to be of a satisfactory design and is of minor impact to the surrounding properties. The development has been inspected and assessed under the relevant Section 79C(1) – ‘Matters for Consideration’ of the Environmental Planning and Assessment Act 1979.


RECOMMENDATION

THAT pursuant to the powers vested in Council by Section 80(1) of the Environmental Planning and Assessment Act 1979, the Council, as consent authority, grand development consent under DA 20030017 for the alterations and additions to the existing dwelling house on land known as Lot 7, DP 220457, 13 Ballanda Avenue, Lugarno, subject to:

1. Standard conditions adopted by Council for single dwelling houses.

2. The following additional conditions.

a) The carport is approved as an open structure only and shall not be enclosed by any wall, roller door or similar obstruction.

b) The overall height of the dwelling is to be amended to comply with the maximum 9.0m height requirement. Amended architectural plans are to be submitted and approved by Council prior to the release of the Construction Certificate.

c) The carport slab is to be installed to levels approved by Council's Engineer. Application is to be made for levels and the prescribed fee paid prior to the carport slab being installed.

* * * * *

APPENDIX



COMMITTEE'S DECISION

THAT the application be granted a deferred commencement approval, pending submission of amended plans which show compliance with the 9m height limit and the fully open, double width carport being located in the driveway area in front of the existing garage.

FURTHER, THAT the application be referred back to the Development Assessment Committee for determination should the amended plans not reflect the required changes.
(Moved Clr P Sansom/Seconded Clr J Morris)

Meeting Date: 02/04/2003


DAC006.09 - 03

68B LLEWELLYN STREET, OATLEY (DA 20020917) ERECTION OF A
TWO STOREY DWELLING HOUSE WITH BASEMENT GARAGES

APPLICANT

Innovative Building Design

PROPOSAL

Erection of a Two Storey Dwelling House with Basement Garages

ZONING

Zone 2 - Residential (Foreshore)

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Code for Single
Dwelling Houses

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mr D A J & Mrs V S Marinucci

EXISTING DEVELOPMENT

Vacant site

COST OF DEVELOPMENT

$320,000.00

REASON FOR REFERRAL TO COUNCIL

Four (4) objections received

REPORT AUTHORS

Development Assessment Officer, Mr T Ristevski

FILE NO

DA 20020917


EXECUTIVE SUMMARY

1. This application seeks approval to construct a two storey dwelling house with basement garage.

2. The proposal complies with all the minimum objectives and numerical requirements of the Hurstville City Council's Code for Single Dwelling Houses.

3. Four (4) submissions were received.


RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

___________________________________________________________________________

REPORT DETAIL


SITE AND SURROUNDING DEVELOPMENT

The subject site is located on the north western side of Llewellyn Street, between Mimosa Street and the end of Llewellyn Street.

The immediate area is predominantly characterised by large two and three storey dwelling houses. Adjoining the site to the south are three dwelling houses, No’s 70, 70A and 70B. These dwelling houses are elevated above the subject site and are one and two storeys in height. Adjoining the site to the north at No 66 Llewellyn Street is a part two and part three storey dwelling house. The site currently has vehicular access via a right of way from Llewellyn Street.

The subject site comprises the central lot (lot 2) in a three lot subdivision of No 68 Llewellyn Street, Oatley. The site is described as Lot 2, DP 1038944.

The site is rectangular in shape, having northern and southern boundary lengths of 27.785 metres and eastern and western boundary widths of 20.115 metres, which includes the 3 metre right of way. The site has a total area of 558.9sqm or 475sqm excluding the right of way.

The topography of the site is such that there is a diagonal cross fall of approximately 4 metres from the south eastern corner of the site to the north western corner of the site towards Gungah Bay. The site contains five large mature trees, three of which are to be retained in the development. There are also two existing stone retaining walls.


STATUTORY REQUIREMENTS

The site is zoned 2 – Residential ‘Foreshore’ under the provisions of the Hurstville Local Environmental Plan 1994. The proposal is permissible with the consent of Council.

The subject application is affected by the requirements of Hurstville City Council’s Code for Single Dwelling Houses.

The proposal has been assessed under the relevant Section 79C(1) – ‘Matters for Consideration’ of the Environmental Planning and Assessment Act (as amended) 1979.


ASSESSMENT OF DEVELOPMENT

It is proposed to construct a two storey dwelling house with basement car parking. The dwelling house is oriented to the north to maximise solar access and to take advantage of the views of Gungah Bay. The main living areas will be located at the first floor level, and will have access to the north facing terrace. The four bedrooms will be located at the ground floor level. A two car garage and storeroom are located at the basement level.

To minimise any perceptions of bulk and scale, the façade has been designed with good articulation, having projected and recessed elements, and a combination of low-pitched pavilion roofs and flat roofs. Landscaped areas are to be provided in the form of courtyards and grassed areas, incorporating three of the existing trees on the site.

A summary of compliance with the minimum standards is addressed below.

Code for Single Dwelling HousesRequiredProposedComplies
Site widthApprox 17.1m excluding right of way
Site area474.66sqm excluding right of way
Clause 3.3.3Building envelopeBuilding envelopeNo (1)
Landscape area55%56.6% excluding right of wayYes
Height9m8.8mYes
Side boundary setback0.9m or 1.5m1.215m min and 1.95mYes
Front boundary setback4.5mN/AYes
Solar access4hrs of yard area access4hrs of sunlightYes
Car parking2 behind building alignmentDouble garageYes
(1) Clause 3.3.3 (Building Envelope)

The proposal generally conforms to the maximum building envelope, with the exception of a minor part of the western elevation, due to the fall of the land and the positioning of the building 4m away from the tree on the eastern boundary. The area of non compliance with the envelope adjoins the boundary of the rear lot and that neighbour raises no objection to the proposal as the future building on that allotment will be set well back from the common boundary.

REFERRALS

Tree Preservation Officer

As part of the original development application for subdivision (DA 20000953) it was a condition of consent to maintain a 4.0m buffer zone around two large Eucalyptus pilularis trees. This has been achieved with the subject development application and the proposal complies with the 4.0m distance.

The nominated trees for removal on the architectural plans have been agreed to by the Tree Preservation Officer. Further comment is included below by the applicant's arborist.


PUBLIC NOTIFICATION AND COMMENT

Adjoining neighbours were notified by letter on 21 October 2002 and were given fourteen (14) days in which to view the plans and submit any comments on the proposal.

Four (4) submissions were received within the specified period of time raising issues concerned with tree buffer zones, excavation, protected canopy, shadowing, height, proposed chimney, foreshore scenic protection and views.

Buffer Zone to Trees

Comment: The removal of two trees will not have any adverse environmental impacts in terms of soil stability or loss of vegetation systems and wildlife habitats. The existing trees on site are a constraint to the development, and the dwelling house has been sited so as to preserve three of the five existing trees on site. The retention of three substantial trees and proposed planting of suitable species will maintain the leafy character of the locality. No objection to this aspect of the proposal was raised by the Tree Preservation Officer.

Excavation and Tree Canopies

Comment: The applicant was required to engage an independent arborist to report on the proposal. The arborist's comments on the impact of the proposal on the two significant trees are quoted below.

The proposal will require excavation work but this will be conditioned to require hand dug footings in the area of the drip zone of the trees on site to be supervised by an arborist on site during the excavation.

Shadowing, Height and Views

Comment: As the dwelling house to the south of the site (No 70A and 70B) are generally elevated above the subject site, the proposal will not result in any significant overshadowing impacts.

The dwelling house has been designed with pavilion style roofs to open view corridors from adjoining properties over the proposed dwelling house to Gungah Bay. The proposal will inevitably result in some loss of views from adjoining properties.

The proposed dwelling house has a maximum height of approximately 8.8m. The building height of two storeys plus basement is compatible with recent development in the locality. The dwelling house adjoining the site to the north (No 66) is more than two storeys in height towards the rear of the property. No adverse impact will arise as a result of the height and the proposal is within the maximum height requirement of 9.0m.

Proposed Chimney

Comment: The proposed fire place is required to comply with all the minimum requirements as stipulated by the Building Code of Australia and all other governing authorities inclusive of the Environmental Protection Authority. The proposed chimney does comply.

The fire place has been incorporated as a feature which has been confirmed by the owners and architect to be a gas fire place and not a wood fire heater/fire place.

Foreshore Scenic Protection Area

Comment: Other than compliance with height and preservation of the significant trees on site, there are no other constraints to be met by this proposal. The building will be visible from the foreshore but will be seen only against a backdrop of buildings and landform of higher elevation.


SUMMARY

The development generally complies with the relevant objectives and the numerical requirements specified in the Council’s Code for Single Dwelling Houses.

The development is considered to be of a satisfactory design and is of acceptable impact on the surrounding properties. The development has been inspected and assessed under the relevant Section 79C(1) – ‘Matters for Consideration of the Environmental Planning and Assessment Act 1979 and Clause 19B of the Hurstville Local Environmental Plan.


RECOMMENDATION

THAT pursuant to the powers vested in Council by Section 80(1) of the Environmental Planning and Assessment Act, 1979, the Council, as consent authority, grant development consent under DA 20020917 for the erection of a two storey dwelling house with basement garages on land known as Lot 2, DP 1038944, 68B Llewellyn Street, Oatley, subject to:

1. Standard conditions adopted by Council for single dwelling houses.

2. The following additional conditions.

a) The dwelling house shall be located at least 4 metres clear of the two large Eucalyptus pilularis located on Lot B. Only trees approved for removal are to be cut down. All other trees including the Eucalyptus pilularis are to be preserved and protected during construction works.

b) All footing and drainage trenches within the drip zone of trees to be preserved shall be hand dug under the supervision of a qualified arborist. No tree roots shall be cut unless specifically authorised in writing by the arborist. Where required the Engineer shall redesign footings to ensure the protection of the tree roots.

c) The tree branch referred in item 4.1 of Arborist Report dated March 2002, prepared by ATS Consulting, is to be removed under the direct supervision of a qualified Arborist.

d) A colour sample board shall be submitted to Council detailing the colour and texture of all external finishes on the building for approval in writing by Council's Manager - Development Control prior to the issue of a Construction Certificate. NOTE: The roofing material shall be in a mid range to dark colour.

* * * * *


APPENDIX



COMMITTEE'S DECISION

THAT the application be approved in accordance with the conditions included in the report, subject to the following additional condition:-

A $1,000 bond be placed on each of the trees on site to ensure their safety and wellbeing during the excavation and construction periods. This bond to be retained for a period of 12 months after completion of the dwelling and refundable in the event that each tree is not damaged in any way.
(Moved Clr P Sansom/Seconded Clr J Morris)

Meeting Date: 02/04/2003


DAC006.10 - 03

69A WOODLANDS AVENUE, LUGARNO (DA 20021122) TORRENS
TITLE SUBDIVISION INTO TWO LOTS AND ADJUSTMENT OF
FORESHORE BUILDING LINE

APPLICANT

Harrison Friedmann & Associates Pty Ltd

PROPOSAL

Torrens Title Subdivision into Two Lots and Adjustment of
Foreshore Building Line

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Subdivision Code

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

C & H Kilovos and T Michaelopoulos

EXISTING DEVELOPMENT

Two Storey Dwelling House

COST OF DEVELOPMENT

Nil

REASON FOR REFERRAL TO COUNCIL

One objection and foreshore building line

REPORT AUTHORS

Town Planner, Ms P Thomson

FILE NO

DA 20021122


EXECUTIVE SUMMARY

1. The application seeks Council approval to subdivide the existing site into two allotments and adjust the foreshore building line.

2. Access is proposed into the new allotment via a right of way accessed off Stringybark Place, Lugarno.

3. The application has been assessed under the Hurstville Local Environmental Plan 1994 and Council's Subdivision Code.

4. One (1) objection was received to the application.


RECOMMENDATION

THAT the application be granted a deferred commencement approval in accordance with the conditions included in the report and that Council resolve to adjust the Foreshore Building Line for the subject site.

___________________________________________________________________________

REPORT DETAIL


SITE AND SURROUNDING DEVELOPMENT

The subject site is located on the southern side of Woodlands Avenue. The site is 15.24m wide and has an area of 2795sqm. The site is a battleaxe allotment and has vehicular access via a right of way over 69 Woodlands Avenue. A two storey dwelling house and pool are currently located on the site. The foreshore building line is located over the existing dwelling house.

The rear of the site contains two escarpments, with the smaller escarpment being located close to the proposed foreshore building line. The main escarpment is located further south, closer to the water and this area remains in its natural state with cliffs and rock platforms and native vegetation. This is the most significant part of the site.

The area of the site closer to the existing dwelling house is cleared of natural vegetation and is presently used as a vegetable garden. Georges River is located at the rear of the site with the site enjoying water views.

Stringybark Place is located three lots to the west of the site. Stringybark Place is a new cul-de-sac approved in June 2000 through the subdivision of three large lots into nine lots. Several dwellings are currently under construction in Stringybark Place and a dwelling house is located on the adjacent site to the east.


HISTORY

Development Application No. 20000177 (63-67 Woodlands Ave) was approved on 21 June 2000 for the Torrens Title subdivision of three lots into nine lots. The application involved the adjustment in size and shape of the existing lots to create an additional six allotments at the rear of the site for future residential development. Vehicular access to the subdivision was provided via a new road, now known as Stringybark Place.

These sites were subject to a foreshore building line (FBL) of 80m measured from the street. The FBL was approved to be relocated to between 134m to 147m for the three rear lots. The adjustment to the building line was based on the location of the main tree canopy and at a point about 35 to 40m north of the main escarpment on the site. This relocation allowed for substantial portions of the natural vegetation to be retained on site and was consistent with the 30m flora and fauna buffer zone recommended in the Flora and Fauna Report prepared for the site.

Various reports were submitted with the subdivision application. These included assessments on flora and fauna, trees, bushfire risk, natural rock outcrops, geotechnical investigation, archaeological inspection and possible building footprints. The findings of these reports are also significant to the subject application.

The history of the above application is important in respect to the subject application due to the proposed vehicular access off Stringybark Place and the proposed relocation of the foreshore building line. Similar environmental issues apply to the subject application and are discussed in more detail later in the report.


PROPOSED DEVELOPMENT

The application is to subdivide the existing lot into two allotments and relocate the foreshore building line. The proposed lots are as follows:

Lot 22 is the northern lot and is proposed to be 15.24m wide, 65.62m in length and 1000sqm in area. This lot contains the existing two storey dwelling house and pool. Vehicular access is provided onto this lot via an existing right of way over the adjacent property, 69 Woodlands Avenue. A sufficient area of private open space is available on this lot.

Lot 23 is located at the southern part of the site with the Georges River forming the rear or southern boundary of the site. This lot is proposed to be 15.24m wide, approximately 155.5m in length and 1795sqm in area. The majority of the lot to the north of the escarpment has been cleared and contains little native vegetation. The area south of the escarpment appears to be in its natural state.

Vehicular access into this lot is proposed via an existing right of carriageway over lots 6, 7 and 8 Stringybark Place. This right of carriageway was created after the subdivision application was approved by Council. Council approval is not required for the creation of a right of carriageway.

A drainage easement is to be created over lot 23 to favour lot 22 and 69 Woodlands Avenue. The future pipe within the easement will collect the stormwater from the dwelling houses and discharge it over the escarpment via a headwall and energy dissipater.

Foreshore Building Line (FBL)

The existing FBL on the site is 80m from the street and runs through the middle of the existing dwelling house on the site. The applicant proposes to relocate the FBL to 155.12m from the street. This line is located just north of the smaller escarpment on the site.

The applicant believes the existing FBL is not suitable for the topography of the land and is not appropriate due to the location of the FBL on adjacent sites. The location of the proposed FBL is a result of considering the location of the cliff and escarpment lines, the location of existing FBL on the lots off Stringybark Place and 61 Woodlands Avenue and further development approvals to the west of the site.

Environmental Issues

The applicant did not submit any assessments on the impact of the application in terms of flora and fauna, bushfire, heritage, rock outcrops and geotechnical information. The applicant has stated that this information was not submitted as the site is similar in topography and shape to the land adjoining to the west of the site, Stringybark Place. The application for Stringybark Place took note of bushfire considerations and heritage considerations.


STATUTORY REQUIREMENTS

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994

The site is Zoned 2 - Residential under the provisions of the Hurstville Local Environmental Plan 1994. The proposed development is permissible with the consent of Council.

Clause 11(3) requires minimum allotment sizes of 550sqm and 15m in width for sites located south of Henry Lawson Drive. Battleaxe allotments are required to be 650sqm and 18m in width. The proposed dimensions are as follows:

Technical StandardsRequiredProposedComplies
Area550sqm
650sqm
Lot 23 – 1795sqm
Lot 22 – 1000sqm
Yes
Yes
Width15m
18m
Lot 23 – 15.24m
Lot 22 – 15.24m
Yes
No

Under the requirements of the Hurstville Local Environmental Plan 1994 the width of battleaxe allotments are to be 18m. The subject site, 69A Woodlands Avenue, is an existing battleaxe and has an area of 2795sqm and a width of 15.24m, inclusive of the battleaxe handle. As the site is existing this variation in width is considered to be acceptable and a State Environmental Planning Policy No. 1 objection is not required as the allotment already exists.

Lot 23 is not considered to be a battleaxe lot as vehicular access is proposed via a right of carriageway over lots 6, 7 and 8 Stringybark Place. The application therefore complies with the requirements of the Local Environmental Plan for subdivision.

FORESHORE BUILDING LINE (FBL)

The foreshore building line for the subject site is set at 80m from the street. This FBL is located through the existing dwelling house. To allow for the subdivision to take place the applicant proposes for the FBL to be refixed to 155.12m. This line is located approximately 1.5m from the smaller escarpment located on the site.

Development Application No. 20000177 (63-67 Woodlands Ave) as discussed previously was approved for the subdivision of three lots into nine. This application also involved the relocation of the foreshore building line. The three lots effected by the FBL include lots 7, 8 and 9. The foreshore building lines were approved at the following:

Lot 7 – 147m measured from and parallel to Woodlands Ave

Lot 8 – 140m measured from and parallel to Woodlands Ave

Lot 9 – 134m measured from and parallel to Woodlands Ave

Development Application No. 20010591 for 61 Woodlands Avenue was granted a deferred commencement on 20 November 2002 for the construction of a new dwelling house. The relocation of the foreshore building line formed part of this application. The FBL is approximately 148m from the street. This is set at the same FBL as the adjoining townhouse development at 57-59 Woodlands Avenue.

These building lines follow the pattern of the escarpment and are summarised below:

AddressForeshore building line
57-59 Woodlands Avenue148m
61 Woodlands Avenue148m
Lot 9 Stringybark Place134m
Lot 8 Stringybark Place140m
Lot 7 Stringybark Place147m
Proposed Lot 23155.12m
The proposed FBL is not supported. It is recommended that the FBL be relocated to be in line with the FBL approved on Lot 7 Stringybark Place (Number 5), which is located 147m from the street. There has been a tendency in the past for applications for dwelling houses to be submitted to Council built right up to, or in breach of the FBL. Relocating the FBL to 147m will allow for the retainment of several significant trees on the site and will provide a greater buffer to the main escarpment and allow for greater fire protection. The reduction in the FBL will still allow for a site area of 462.9sqm that can be built upon.

ENVIRONMENTAL ISSUES

Georges River Catchment

Greater Metropolitan Regional Environmental Plan 1999 No.2 – Georges River Catchment (REP 2) applies to the site. The aim of the REP is to maintain and enhance the ecological integrity of the Catchment. This involves avoiding land degradation and loss of native vegetation, limiting disturbance to the foreshore and providing buffer areas to enable greater protection to areas of significance.

The proposed foreshore building line is not supported due the possible impacts on native vegetation. The proposed location of the FBL may lead to the removal of several trees on the site if a dwelling house is proposed exactly on the FBL. Reducing the proposed FBL by 8.12m, to 147m from the street enables the retention of native trees on the site and will limit the disturbance to the smaller escarpment. The area available on the site for building is limited to 462.9sqm or 25% of the site. This area is generally void of any natural features, with the exception of approximately five trees, located on the boundaries of the site. A dwelling house can be constructed on the northern part of the site, which is presently used a vegetable garden and does not contain any rock outcrops or significant natural features. The relocation of the FBL to 147m allows for the objectives of the REP to be met.

Reports submitted for the Stringybark Place Application

The reports submitted for the subdivision of Stringybark Place can be referred to in the assessment of the subject application due to the proximity of the site to Stringybark Place and the fact that the applicant was involved in the Stringybark Place application and is aware of the issues.

Flora and Fauna

The Flora and Fauna report submitted for Development Application 20000177 stated that the upper sectors of the site, which would be developed after subdivision, have already been disturbed and the lower area will not be impacted upon by the subdivision. This statement is also correct for the subject application as the area proposed for future development is cleared and contains little significant flora and fauna. The significant natural area on the site is located below the FBL and is to remain untouched.

The proposed area of the site that can be built upon contains nine trees. It is recommended that the proposed FBL not be supported and the FBL be relocated to 147m, having only five trees on the part of land that can be developed. These trees are located close to the side boundaries and any further Development Application on the site would involve an assessment of the impacts of development near these trees.

Rock outcrop

A report on the impact of Development Application No. 20000177 on the natural rock outcrop of the site has been taken into consideration. This report stated that ‘provided that the proposed development does not extend beyond the proposed FBL the direct impact to bushrock habitat will be minor and generally insignificant’. The rock outcrop for the subject site is located south of the proposed FBL and the statement contained in this report is believed to be applicable to the subject site also. The relocation of the FBL back a further 8.12m than proposed by the applicant, will further decrease any impact on the rock outcrop.

A geotechnical assessment of the sites referred to in Development Application No. 20000177 did not reveal any hazards such as slope instability or problems with soil erosion. As the subject site is similar in topography and the building area will be limited it is believed that there will be no major hazards on the site. However, further assessment of the stability of the site can be requested as part of any Development Application for a dwelling house on the site.

Heritage

The applicant has also stated that heritage studies conducted as part of Development Application No. 20000177 did not indicate any items of archaeological or heritage significance. The proposed subdivision does not involve any modifications or changes to the area below the foreshore building line. If there are any items of archaeological or heritage significance below the escarpment they will not be impacted upon by the proposed subdivision of the site. The land capable of supporting development is generally cleared of vegetation and contains few trees and no significant natural features.

Bushfire

The threat of bushfire has been taken into consideration when formulating the foreshore building line. Not allowing any development below the two escarpments of the site restricts the area of the site for development and increases accessibility to any future dwelling house on the site. The Fire Brigade has direct access to the site via the right of way and sufficient hydrants are located in Stringybark Place. Reducing the foreshore building line an additional 8.12m will also assist in providing a greater buffer to any future development on the site. The exact location of a dwelling house on the site will be subject to a separate Development Application and further consideration into the design of the dwelling house will be undertaken at this time.

A condition is to be placed on the consent creating a Positive Covenant over lot 23 to ensure a strip of land 12m wide shall be maintained as a fuel free zone above the main escarpment face. This will assist in reducing any bushfire threat on the land.

SUBDIVISION CODE

The development is subject to the requirements of the Hurstville City Council's Subdivision Code. A table of the technical standards and the compliance of this development is detailed below.

Technical StandardsRequiredProposedComplies
Area550sqm
650sqm
Lot 23 – 1795sqm Lot 22 – 1000sqmYes
Yes
Width15m
18m
Lot 23 – 15.24m
Lot 22 – 15.24m
Yes
No
As stated previously, the two proposed lots are to be created from the existing site known as 69A Woodlands Avenue, which is 15.24m in width. Lot 22 is an existing battleaxe allotment and the size is considered to be satisfactory. The areas of the proposed allotments meet the requirements of the Code.


DIVISIONAL REFERRALS

Manager - Development Advice

The Manager, Development Advice raises no objections to the application subject to standard conditions for subdivision, vehicular access and drainage.

Additional subdivision conditions are to be placed on the consent and include the creation of a drainage easement, placing restrictions on the use that limit disturbance to natural vegetation and creation of a Positive Covenant to ensure a 12m wide strip of land is maintained as a fuel free zone above the main escarpment face. It must be noted that similar conditions are to be imposed on this application to that of the development approval for the subdivision and creation of Stringybark Place, to ensure there is minimal impact to the natural escarpment.


PUBLIC NOTIFICATION AND COMMENT

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. One objection was received against the application. The following concerns were raised:

i) Damage to the fragile ecology of the area.

ii) Native vegetation that was supposed to be retained on adjacent sites has been removed.

Comment: The application is for subdivision of the site and does not involve removal of trees or alterations to the natural escarpment located at the rear of the site. The proposed subdivision is permissible under the Local Environmental Plan and meets the size requirements. It must be noted that Council is concerned about any impacts on the natural environment and for this purpose has set a foreshore building line and does not allow development to encroach upon this area. However, the proposed adjustment to the building line is similar to previous adjustments to the FBL in the immediate vicinity. The proposed FBL is in line with the escarpment, allowing for the most pristine and natural area of the site to remain untouched. Any further development on the site is subject to a separate Development Application and Council will assess any impacts on the native vegetation as part of the assessment process.

iii) The location of the drainage easement may cause additional water flow over adjacent property to the east.

Comment: The drainage easement is to be created to allow for appropriate discharge of water from the allotments. One of the objectives of such an easement is to limit the amount of runoff to adjacent properties.


SUMMARY

The development is permissible under the zoning provisions of Hurstville City Council's Local Environmental Plan 1994 and is consistent with the objectives of this zone. The allotments comply with Council’s Subdivision Code and the requirements of the Local Environmental Plan. The width of the proposed lot matches the existing width of 69A Woodlands Avenue.

The design of the subdivision has taken into account the natural attributes of the site and the adjoining subdivision pattern at Stringybark Place.

If Council endorses the proposed relocation of the foreshore building line recommended in the report, the future development of the subject site would be setback from the rock outcrop, and will result in substantial portions of vegetation and other natural features being retained on site. The extent of the proposed relocation is similar to the approved foreshore building lines at 57-59 Woodlands Avenue, 61 Woodlands Avenue and the 63-67 Woodlands Avenue (Stringybark Place).


RECOMMENDATION

A. THAT, pursuant to the powers vested in Council by Section 80(3) of the Environmental Planning and Assessment Act, 1979, the Council, grant deferred development consent under DA 20021122, for Torrens title subdivision of the existing lot into two (2) lots and relocation of the foreshore building line on land known as Lot 2, DP 1012974, 69A Woodlands Avenue, Lugarno.
Open Space$9,182.00
Community Services$5,090.00
Management$375.37
Library – Infrastructure$2,591.00
Library – Bookstock$14.67

B. THAT, Council resolve pursuant to Clause 19 of the Hurstville Local Environmental Plan 1994 to alter the foreshore building line on the subject line and fix a foreshore building line in respect of the waterfront allotment as follows:

APPENDIX



COMMITTEE'S DECISION

THAT the application be deferred for inspection and report by Ward and interested Councillors.
(Moved Clr P Sansom/Seconded Clr J Morris)

Meeting Date: 02/04/2003


DAC006.11 - 03

13A ELWIN STREET, PEAKHURST (DA 20021032) ERECTION OF A
TWO STOREY DWELLING HOUSE

APPLICANT

Masterton Homes

PROPOSAL

Erection of a Two Storey Dwelling House

ZONING

Zone 2 - Residential, Development Area C

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Code for Single
Dwelling Houses

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Sammy and Ariadne Plazanin

EXISTING DEVELOPMENT

Vacant lot

COST OF DEVELOPMENT

$166,235.00

REASON FOR REFERRAL TO COUNCIL

One (1) submission received

REPORT AUTHORS

Development Assessment Officer, Mr P O'Reilly

FILE NO

DA 20021032


EXECUTIVE SUMMARY

1. The development seeks approval for the construction of a two storey dwelling house and attached double garage.

2. The proposal complies with the Code for Single Dwelling House.

3. One (1) submission was received, raising concern about overshadowing and privacy.


RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

___________________________________________________________________________

REPORT DETAIL


SITE AND SURROUNDING DEVELOPMENT

The site is a vacant lot on the western side of Elwin Street. Access is via a right of way from Elwin Street. The site slopes from the north east corner down to the south west corner by approximately 1.7m.

The adjoining development is all residential with a right of carriageway to the north boundary.

There are no trees on the site.


BACKGROUND

Council at its Development Assessment Committee meeting of 12 September 2001 approved the erection of a two storey dwelling house on this site. The dwelling house had setbacks of 3570mm to the south boundary and 1550mm to the north boundary.

This approval is considered to have more impact on the adjoining premises than the current proposal.

The adjoining land to the south would have been overshadowed by the approved dwelling house.


PROPOSED DEVELOPMENT

It is proposed to construct a part two and part three storey dwelling house on the site with an attached double garage. The construction is of brick veneer walls and tile roof. The dwelling house contains living areas on the ground floor and four bedrooms and wet areas on the first floor.


STATUTORY REQUIREMENTS

The proposal is permissible in the zoning provisions of Hurstville Local Environmental Plan 1994 and generally complies with the requirements of the Hurstville City Council Code for Single Dwelling Houses.

The proposal has also been assessed under the relevant Section 79C(1) – ‘Matters for Consideration’ of the Environmental Planning and Assessment Act, 1979.


ASSESSMENT

The proposal has been assessed under the provisions of Council’s Code for Single Dwelling Houses and a summary of compliance with the technical requirements is below.

Code for Single Dwelling HousesRequiredProposedComplies
Site area554.4m
FrontageInternal land
Clause 3.3.3Envelope or FSR max 0.45:1 or top storey setback 1.5mComplies with envelope,
FSR 0.40:1
Yes
Building line4.5mN/AYes
Height9m8.1mYes
Landscape area50%55%Yes
Car parking2 spaces Double garageYes
Solar access4hrsLess than 4hrsNo (1)
Privacy and viewsMeritAll windows comply, no views affectedYes

Overshadowing

The proposal complies with the development control requirements of the Code for Single Dwelling Houses except for the overshadowing of the adjoining premises to the south (villa 3 courtyard).

Compliance with the overshadowing requirements of the Code for Single Dwelling Houses is not possible when a two storey dwelling house is constructed on the subject land.


PUBLIC NOTIFICATION AND COMMENT

Eleven (11) adjoining property owners were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.

One (1) submission was received raising concerns relating to privacy, inaccurate information and overshadowing. Following this submission, the applicants have amended the plans by mirror reversing the building so as to reduce the overshadowing to which the objector has made a further submission.

Privacy - Windows

Comment: There are three windows facing the objectors property. Two windows are wet area windows which are obscure glass and openable. The third window is a small rumpus room window which is 8m from the boundary and at ground floor level. It is considered that there will not be any undue adverse impact on the privacy of the adjoining premises. In the original proposal the kitchen and dining room windows would have overlooked the neighbour's courtyard at a distance of 3m from the boundary.

Inaccurate Information

i) Description of adjoining development – Comment: the description has not affected the assessment of the application.

ii) North point – Comment: the north point is confirmed as accurate by a survey plan with the application.

iii) Adjoining boundaries – Comment: the writer was informed of the boundary positions by phone prior to writing the letter.

Overshadowing

Comment: The location of the proposed dwelling house has been designed to minimise the overshadowing of the adjoining land to the south. However the rear yard of the writer’s townhouse will be in shade for most of the time during mid winter. The writer’s yard is also slightly lower than the subject site which exasperates the overshadowing.

It is not possible to eliminate all overshadowing of the adjoining yard and construct a two storey dwelling house on the subject site.

Some reduction of the overshadowing can be made by reducing the side boundary setback on the north side from 2m to 0.9m. There will be no affect on any neighbours as there is a right of carriageway adjacent to this boundary.

The Code for Single Dwelling Houses requires that the siting of the new dwelling house be in a position that minimises the overshadowing. It is considered that this has been done.


SUMMARY

The proposal complies with the aims and objectives of the Code for Single Dwelling Houses.

The proposed development is considered to be satisfactory.

The proposal is recommended for approval.


RECOMMENDATION

THAT pursuant to the powers vested in Council by Section 80(1) of the Environmental Planning and Assessment Act, 1979 (as amended), the Council, as consent authority, grant approval under DA 20021032 for the construction of a new two storey dwelling house on land known as Lot 501, DP 1040173, 13A Elwin Street, Peakhurst, subject to the following conditions.

1. Standard conditions adopted by Council for Single Dwelling Houses.

2. The side boundary setback to the northern boundary be reduced to 1m to the wall of the dwelling to further improve the solar access to the adjoining premises to the south.

* * * * *

APPENDIX



COMMITTEE'S DECISION

THAT the application be deferred and the plans amended to include the following requirements:-

1. The side boundary setback to the northern boundary to be reduced to 900mm to the wall of the dwelling to further improve the solar access to the adjoining premises to the south.

2. The windows facing the objector's property are to be awning type windows with Whitco winders.

3. Submission of a shadow diagram demonstrating that the objector's property will receive 4 hours of sunlight.

Should the plans be so amended, then the application may be approved, subject to conditions as outlined in the report.

If the above amendments are not made, then the application to be referred back to the Development Assessment Committee for determination.
(Moved Clr P Sansom/Seconded Clr J Morris)

Meeting Date: 02/04/2003


DAC006.12 - 03

9 LLEWELLYN STREET, OATLEY (DA 20020829) ERECTION OF A
TWO STOREY DWELLING HOUSE

APPLICANT

Louie and Julie Nikolovski

PROPOSAL

Erection of a Two Storey Dwelling House

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Code for Single
Dwelling Houses

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Lupco and Julie Nikolovski

EXISTING DEVELOPMENT

Vacant site

COST OF DEVELOPMENT

$350,000.00

REASON FOR REFERRAL TO COUNCIL

Non compliance with Code for Single Dwelling Houses
and one objection

REPORT AUTHORS

Development Assessment Officer, Mr T Ristevski

FILE NO

DA 20020829


EXECUTIVE SUMMARY

1. This application seeks the approval to construct a two storey dwelling house.

2. The proposal does not fully comply with the requirements of the Hurstville City Council's Code for Single Dwelling Houses.

3. One (1) letter of objection was received.


RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

___________________________________________________________________________

REPORT DETAIL


SITE AND SURROUNDING DEVELOPMENT

The subject site is located on the eastern side of Llewellyn Street between Mimosa Street and Victory Road.

The immediate area is predominantly characterised by large two and three storey dwelling houses. Adjoining the site to the south is a two storey dwelling house. Adjoining the property to the north is a site under construction with a new residential development, three storey.

The subject site is part of a subdivision application which was approved in 2001 under Development Application 20010329.

The site has a width of 17.115m and a depth of 32.510m. A significant rock shelf located in the north eastern portion of the site creates a difference in level of approximately 4.5m from the rear of the site to the street frontage.


STATUTORY REQUIREMENTS

The site is zoned 2 – Residential and is within a Foreshore Scenic Protection area under the provisions of the Hurstville Local Environmental Plan 1994. The proposal is permissible with the consent of Council.

The subject application is affected by the requirements of Hurstville City Council’s Code for Single Dwelling Houses.

The proposal has been assessed under the relevant Section 79C(1) – ‘Matters for Consideration’ of the Environmental Planning and Assessment Act (as amended) 1979.


ASSESSMENT OF DEVELOPMENT

The application seeks consent for the construction of a two storey dwelling house on a vacant site. The dwelling house is sited 5.2m from the front western boundary, 0.9m to the ground floor and 1.5m to the top floor off the northern and southern boundaries.

The ground floor layout proposes a billiard room, a triple garage, wc, study room and a residential lift. The first floor layout is to consist of an entertaining area, formal lounge and dining room, kitchen, wc, sitting room and the continuous lift shaft. The proposed second floor consists of two bedrooms, amenities and family room with a large terrace area attached to the western wall.. The final level is to consist of two bedrooms and amenities with attached terraces to the western walls.

Although the proposal has four (4) different floor plan levels the proposed dwelling is still only two storeys at any point.

A summary of compliance with the minimum standards is addressed below.

Code for Single Dwelling HousesRequiredProposedComplies
Site width17.115m
Site area556.40sqm
Clause 3.3.3Building envelopeBuilding envelopeNo (1)
Landscape area55%53.03%No (2)
Height9m8.8m approxYes
Side boundary setback0.9m0.9m to front floor, 1.5m to first floorYes
Front boundary setback4.5m5.2mYes
Solar access4hrs of yard area access4hrs of sunlightYes
Car parking2 behind building alignmentTriple garageYes

(1) Building Envelope

The proposal generally conforms to the building envelope measured 3.5m vertically from the boundary and then splaying back at 45 degrees, the variation is approximately 500mm which spans along the northern boundary.

The protrusion beyond the building envelope will not give rise to any adverse impacts in terms of loss of views or overshadowing to the adjoining properties.

The size and architectural style of the proposed dwelling house is modern with a flat roof, which is a design emerging in the locality. The proposal maintains adequate setbacks from the adjoining properties.

The site's topography restricts the type of development and its height; with the location of the significant rock shelf mid way through the site. For this reason it is considered unreasonable to require the proposal to comply strictly with the building envelope. The proposal does not affect the streetscape or neighbours with the development protruding beyond the building envelope.

(2) Landscape

The dwelling house has been sited having regard to topography, existing vegetation and the surrounds of neighbouring development.

The proposal provides for a landscaped area of 295.05sqm which equates to approximately 53.03% of the site area. The proposal is 2.0% short of the minimum 55.0% landscape compliance.

At least 30% of the landscaped area will still be capable for deep soil planting with trees.

The proposed development will be conditioned to comply with the minimum 55.0% landscape requirement.


PUBLIC NOTIFICATION AND COMMENT

Adjoining neighbours were notified by letter on 1 October 2002 and were given fourteen (14) days in which to view the plans and submit any comments on the proposal.

One (1) submission was received within the specified period of time raising issues concerned with height and bulk, overshadowing, and privacy.

Height and Bulk

Comment: The size and architectural style of the proposed dwelling house is compatible with the modern form of architecture that is emerging in the locality.

The proposal maintains adequate setbacks from adjoining boundaries, complies with the maximum 9m height requirement and is generally considered to be an acceptable design with reference to height and bulk.

Overshadowing

Comment: The subject site is orientated east west and therefore any development will cast a shadow to the south however, the dwelling to the south is separated from the subject site by a driveway to a rear battleaxe allotment. It is considered that the proposed dwelling house will not significantly reduce solar access to adjoining properties.

Privacy

Comment: Because the site is naturally elevated above the dwelling to the south it is not possible to maintain complete privacy. The dwelling house has been proposed along the northern boundary to reduce privacy impacts.

A large terrace area is located on the ‘second floor’ which is the concrete roof to the lower ground floors. Privacy screens will be erected along the southern perimeter of the terrace of 1.8m obscured glass. This terrace is orientated towards the street.

To the west of the site is the main view corridor to Gungah Bay. The dwelling house has been designed in a manner to comply with Council’s height requirements and adopts terracing for natural views and integration with the land form.


SUMMARY

The development generally complies with the relevant objectives and the requirements specified in the Council’s Code for Single Dwelling Houses.

The development is considered to be of a satisfactory design and is of minor impact to the surrounding properties. The development has been inspected and assessed under the relevant Section 79C(1) – ‘Matters for Consideration’ of the Environmental Planning and Assessment Act 1979.


RECOMMENDATION

THAT pursuant to the powers vested in Council by Section 80(1) of the Environmental Planning and Assessment Act, 1979, the Council, as consent authority, grant development consent under DA 20020829 for the construction of a new two storey dwelling house on land known as Lot 29, Sec 30, DP 5510, 9 Llewellyn Street, Oatley, subject to:

1. Standard conditions adopted by Council for single dwelling houses.

2. The following additional conditions.

a) The plans are to be amended prior to issue of a Construction Certificate by reducing the paved areas so as to increase the landscape area to be equal to 55% of the allotment area.

b) The privacy screens to roof decks shall be detailed in plans to accompany the Construction Certificate.

* * * * *

APPENDIX



COMMITTEE'S DECISION

THAT the application be deferred to clarify the conditions of the right of carriageway adjoining the property in relation to the proposed side vehicular access.
(Moved Clr P Sansom/Seconded Clr J Morris)