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

SUMMARY OF ITEMS TO BE ADDRESSED AT
THE DEVELOPMENT ASSESSMENT COMMITTEE MEETING
TO BE HELD ON 5TH OCTOBER, 2005


Summary:

Item No: DAC025 - 05 - DEVELOPMENT APPLICATION - PEAKHURST WARD
(Report by Director - Policy, Planning and Environment, Ms R Tyne)

Item No: DAC025.01 - 05 - 5 PHILLIP STREET, RIVERWOOD - DEMOLITION OF

EXISTING DWELLING HOUSE AND CONSTRUCTION OF THREE STOREY RESIDENTIAL FLAT BUILDING WITH BASEMENT PARKING AND STRATA SUBDIVISION
(Report by Development Assessment Officer, Ms T Gizzi)

DA 20050333

Item No: DAC025.02 - 05 - 6 MCMANUS PLACE, LUGARNO - ERECTION OF A TWO STOREY MASONRY OUTBUILDING
(Report by Development Assessment Officer, Mr W Oslan)

DA 20050318

Item No: DAC026 - 05 - DEVELOPMENT APPLICATIONS - PENSHURST WARD
(Report by Director - Policy, Planning and Environment, Ms R Tyne)

Item No: DAC026.01 - 05 - 598-602 FOREST ROAD, PENSHURST - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A TWO STOREY MIXED RETAIL AND RESIDENTIAL

DEVELOPMENT WITH BASEMENT PARKING
(Report by Manager - Development Assessment, Mr P Thomas and Senior Town Planner, Ms T Christy) DA 20040525

Item No: DAC026.02 - 05 - 2C BOUNDARY ROAD, MORTDALE - PROPOSED SUNDAY ONCE A MONTH MARKET STALLS
(Report by Development Assessment Officer, Ms F Heretis)

DA 20050385

Item No: DAC026.03 - 05 - 1 MARTIN PLACE, MORTDALE - CONSTRUCTION OF A

PART 3/PART 4 STOREY RESIDENTIAL FLAT BUILDING
(6 X 2 BEDROOM DWELLINGS)
(Report by Development Assessment Officer, Ms T Gizzi)

DA 20050092

Item No: DAC026.04 - 05 - 477-479 KING GEORGES ROAD, BEVERLY HILLS -

ALTERATIONS AND ADDITIONS TO EXISTING
COMMERCIAL BUILDING
(Report by Development Assessment Officer, Ms T Gizzi)
DA 20040780

Item No: DAC026.05 - 05 - 1 VICTORIA AVENUE, PENSHURST - FOUR STOREY MIXED
RETAIL AND RESIDENTIAL DEVELOPMENT WITH

ASSOCIATED PARKING
(Report by Senior Town Planner, Ms T Christy) DA 20040797

Item No: DAC027 - 05 - DEVELOPMENT APPLICATIONS - HURSTVILLE WARD
(Report by Director - Policy, Planning and Environment, Ms R Tyne)

Item No: DAC027.01 - 05 - 292-298 FOREST ROAD, HURSTVILLE - MIXED COMMERCIAL/RETAIL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING
(Report by Manager - Development Assessment, Mr P Thomas and
Senior Town Planner, Ms T Christy) DA 20040336




___________________________________________________________________________
Meeting No. 9 to be held on 5/10/2005






Meeting Date: 05/10/2005


DAC025.01 - 05

5 PHILLIP STREET, RIVERWOOD - DEMOLITION OF EXISTING DWELLING HOUSE AND CONSTRUCTION OF THREE STOREY RESIDENTIAL FLAT BUILDING WITH BASEMENT PARKING AND
STRATA SUBDIVISION

APPLICANT

Nickolce Sekulovski and Verka Sekulovska

PROPOSAL

Demolition of existing dwelling house and construction of
three storey residential flat building with basement parking
and strata subdivision

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Interim Residential Development Code, SEPP No 65 - Design for Residential Flat
Buildings, Development Control Plan No 2 - Car Parking,
Development Control Plan No 18 - Crime Prevention Through Environmental Design

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Nickolce Sekulovski and Verka Sekulovska

EXISTING DEVELOPMENT

Single dwelling house

COST OF DEVELOPMENT

$700,000.00 (revised to $1,060,000.00)

REASON FOR REFERRAL TO COUNCIL

Non-compliance with IRDC

REPORT AUTHORS

Development Assessment Officer, Ms T Gizzi

FILE NO

DA 20050333


EXECUTIVE SUMMARY


1. Development Application 20050333 proposes to demolish the existing dwelling house and construct a three (3) storey residential flat building with basement parking at 5 Phillip Street, Riverwood.

2. The subject site is an irregular shaped isolated site with a frontage of 6.305m. The site was isolated in 2002, by the development of 2a and 2b Morotai Avenue.

3. The application proposes a number of variations to the Interim Residential Development Code.

4. The application was notified for fourteen (14) days. No submissions were received.


RECOMMENDATION


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

___________________________________________________________________________

REPORT DETAIL



DESCRIPTION OF THE PROPOSAL

The application seeks approval for the demolition of the existing dwelling house and construction of a three storey residential flat building with basement parking with strata subdivision. The flat building is proposed to consist of four (4) x 3 bedroom units and two (2) x 2 bedroom units accessed by an internal stairwell. Pedestrian access to the property is from Phillip Street with a ramp leading to the entry of the adjoining lane.

A total of twelve (12) parking spaces are provided in the basement garage area which also has access of Phillip Street.


BACKGROUND

20 Jun 05 Application lodged with Council

5 Jul 05 Application advertised in St George and Sutherland Shire Leader.

6 Jul 05 Application notified for fourteen (14) days. No submissions received.

7 Jul 05 Application submitted to Design Review Panel for comment.

11 Aug 05 Letter sent to applicant requesting additional information.

22 Aug 05 Amended plans received.

4 Oct 05 Application submitted to Development Assessment Committee for determination.

DA 20020212 was approved in 2002, which was for the erection of a residential flat building on 2a and 2b Morotai Avenue. This resulted in the site becoming an 'isolated site'.


DESCRIPTION OF THE SITE AND LOCALITY

The site is an irregular shaped site with a frontage of 6.305m to Phillip Street and an area of 616.9sqm. The site is located on the southern side of the street. Existing on the site is a single dwelling house.

Adjoining the site to the east is a pedestrian laneway followed by a three (3) storey residential flat building and to the west of the site is another three (3) storey residential flat building. Located at the rear of the site is the railway line. Phillip Street is a cul-de-sac characterised by residential flat buildings. 5 Phillip Street is the last remaining site to be developed.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

Hurstville Local Environmental Plan

The land is zoned 2 - Residential and the proposed development is a permissible use in the zone. The proposal meets the zone objectives.

State Environmental Planning Policy No 65 - Design for Residential Flat Buildings

The application was submitted to the Design Review Panel for comment on the 7 July 2005. The Panel made the following comments.
In response to these comments the applicant made the following changes:

* Inclusion of ramp from Phillip Street to provide level pedestrian access to the building.

* Driveway relocated.

* Enclosed garbage area located at front of site.

* Unit access of internal stairwell amended.

* Further articulation to eastern elevation.

* Variation to schedule of materials and finishes.The applicant was also requested to amend the plans to facilitate better solar access to the southern units and increase the overall amenity of the building for future residents as per the Panel comments. The applicant has stated that this cannot be achieved and has submitted the following in support of the application.

The applicant chose not to resubmit the application for further comment.

A meeting was held with the applicant and architect to discuss redesigning the proposal to allow for better solar penetration into the southern units. It was concluded at this meeting that to redesign the proposal to maximise solar access, side setbacks would decrease and impacts on the adjoining properties would subsequently increase. As mentioned above in the letter submitted by the applicant, all six (6) residential units achieve the minimum Nathers rating and this is considered satisfactory.

With the exception of the issue raised in relation to sunlight access, the amendments made are considered to address all other matters mentioned in the panel comments.

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment. The proposal, including the disposal of stormwater, is consistent with Council’s requirements for the disposal of stormwater in the catchment.

2. Draft Environmental Planning Instruments

Draft Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

The application is considered to meet the requirements of the draft plan.

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.

3. Development Control Plans

INTERIM RESIDENTIAL DEVELOPMENT CODE

The subject site is located in Area D under the Interim Residential Development Code. The proposed development is considered to meet the objectives of the Code. An assessment of the development in relation to the numerical standards of the code is provided in the table below.

IRDC Development Area D Controls
Standard
Proposal
Complies
Minimum Street Frontage24m6.305mNo (1)
Residential Density (site area/unit)105sqm per dwelling102.8sqmNo (2)
Landscaped Open Space45%
(20% of landscape may be impervious)
(40% of landscape must be deep soil)
52%

15%

44%
Yes

Yes

Yes
Front Site Height Maximum12m11.7mYes
Rear Site Height Maximum12m11.6mYes
Front Site Storeys Maximum33Yes
Rear Site Storeys Maximum33Yes
Attached Dwellings
– Minium Private Open Space
Yes
12sqm (minimum size of balconies/ courtyards)
Yes

>12sqm
Yes

Yes
Front Boundary SetbacksMinimum 6m6mYes
Rear Boundary SetbacksMinimum 6m or building envelope whichever is greater3mNo (3)
Minimum Side Boundary Setbacks
* Ground floor


* First floor



* Second floor
Building Envelope
(2m)

Building Envelope
(5.1m east and 5.0m west)

Minimum 7m or building envelope whichever is greater
Yes 2-4m


No, 2m east, 4m west


No, 2m east, 6m west
Yes


No (4)



No (4)

(1) Minimum Street Frontage

The subject site has a frontage of only 6.05m to Phillip Street however the average width of the site is approximately 17.3m. The subject site is isolated and is the last remaining site in Phillip Street awaiting development. There are no opportunities for amalgamation and the site has a walkway to the east which lessens the impact of the proposal. As all other developments in the cul-de-sac are residential flat buildings it is logical to consider such a development on this site. As such, the proposed development is supported.

(2) Residential Density

The Interim Residential Development Code specifies a density requirement of 105sqm per dwelling. The application proposes a density of 102.8sqm, a variation of 2.2sqm per unit. The site has an area of 616.9sqm and to comply would need to be 630sqm (6 @ 105m2). The proposed development is considered compatible in bulk and scale with the surrounding residential flat buildings and even if the density requirement were to be enforced, the additional area would be absorbed into the proposed envelope and no change would be made to the size of the building. It is considered that in this instance, the variation is of no additional impact and is supported.

(3) Rear Boundary Setbacks

The proposed development encroaches into the rear building envelope with a setback of only 3m. As the subject site only adjoins a railway line at the rear this variation is considered acceptable. Conditions suggested by RailCorp will be attached to any approval granted.

(4) Side Boundary Setbacks

As the site is isolated, the proposed development is unable to comply with the building envelope and side setback requirements specified by the Interim Residential Development Code. The ground floor of the building complies with the requirements however both the first and second floors encroach into the side setback area.

In response to the narrow width of the site the applicant has designed the building to be located towards the eastern boundary of the site (adjacent to the pedestrian pathway) to increase the separation distance between the proposed development and the adjoining residential flat building located across the western boundary. There is no overshadowing of adjoining properties between 9am and 3pm. No submissions were received objecting to the proposed development. The variation is supported.

DEVELOPMENT CONTROL PLAN NO 2 - CAR PARKING

Car Parking Controls
Standard
Proposal
Complies
Residential Car
Parking
- 2 bedrooms or less
- 3 bedrooms or
more
1 car space per unit

2 car spaces per unit
2 spaces

8 spaces
Yes (1)

Yes (1)
Visitor Spaces1 space per 4 units
2 spaces
Yes
(1) Residential Car Parking

Council’s Traffic Engineer has assessed the application and stated that car space no. 12 needs to increase in width to 2.7m and that car spaces nos. 2 to 12 do not comply with Council’s minimum dimensions due to impeding storage areas. A condition shall be imposed to increase the width of space number 12 to 2.7m and the storage areas are to be deleted.

4. Impacts

Natural Environment

The proposed development is considered unlikely to result in any adverse effects in the locality in terms of water or air quality. Appropriate measures are to be taken in respect of stormwater run-off and dust from excavation activity.

There are a number of trees located on the site. The applicant proposes to remove all trees but on the request of Council's Tree Management Officer the applicant has agreed to remove and relocate two (2) palms on the site. The applicant has also proposed additional landscaping on the site.

Built Environment

The proposed development is consistent in bulk and scale with the adjoining residential flat buildings in the Phillip Street. The design is complimentary to the character of the area.

As mentioned previously the building has been designed to minimise overshadowing on adjoining properties and increase separation distance between the proposal and the units located over the western boundary. This objective has been satisfactorily achieved.

The proposed development is a good response to the narrow site.

Social Impact

The proposed residential flat building is consistent with the objectives of the area and is appropriately located within walking distance of the Riverwood service centre.

Economic Impact

The proposed development will increase residents in the area and thus bring more money into the local economy. No adverse economic impacts are foreseen to arise as a result of this proposal.

Suitability of the Site

The subject site is considered suitable for the proposed development in relation to topography, shape, size and location.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

No submissions were received.

Council Referrals

Manager - Development Advice

Council’s Manager - Development Advice has raised no objections to the development subject to conditions.

Environmental Health and Building Surveyor

Council’s Environmental Health and Building Surveyor has recommended the submission of an acoustic report prior to the issue of consent addressing rail noise. RailCorp have recommended a condition requiring an acoustic assessment to be submitted prior to the issue of the Construction Certificate. This is considered satisfactory. There are no other objections to the development subject to standard conditions.

Tree Management Officer

Council’s Tree Management Officer has agreed to the removal of all trees on the site with the exception of the palms which are to be removed and replanted.

Traffic Engineer

As previously discussed Council’s Traffic Engineer has raised concern in relation to the size of the parking spaces in the basement garage and as such, appropriate conditions are to be imposed if approval is granted. Council’s Traffic Engineer has also stated that the proposed driveway into the garage does not facilitate two way traffic flow. Given that the driveway is approximately 8m long, visual access is considered satisfactory and two way traffic flow is not considered necessary.

Council’s Traffic Engineer has raised no other objections to the development.

Manager - Environmental Services

Council’s Manager - Environmental Services has no objections to the development subject to conditions.

Senior Design Engineer

Council’s Senior Design Engineer has stated that the crossing is to be constructed to Council’s standard shape and specification. This will require an amendment to the driveway prior to the issue of the Construction Certificate. A condition will be imposed accordingly.

External Referrals

Urban Design Review Panel

See comments under SEPP 65.

RailCorp

RailCorp has raised no objections to the development subject to conditions.
6. CONCLUSION

Development Application 20050333 proposes to demolish the existing dwelling house, construct a three storey residential flat building consisting of six (6) dwellings with basement parking and strata subdivide the site. As the subject site is isolated it proposes a number of variations to the setback requirements under the Interim Residential Development Code but also proposes a variation to density. All variations are supported. No submissions were received opposing the development. The application is recommended for approval.


RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 20050333 for the demolition of the existing dwelling house, construction of a residential flat building with a basement garage and strata subdivision on Lot 16, DP 35640 and known as 5 Phillip Street, Riverwood, subject to the attached conditions:

1. Standard conditions for residential flat buildings.

2. Approved plans.
3. Payment of Section 94 Contributions

Open Space
$28,633.00
Community Services
$16,329.00
Management
$1,204.63
Library - Infrastructure
$8,313.00
Library - Bookstock
$47.03
Drainage
$1,542.25

4. The storage areas located in the basement are to be deleted.

5. Car space no. 12 is to be increased in width to 2.7m.

6. The underground basement car park must pump to, and all other stormwater must drain by gravity to Council's kerb and gutter in Phillip Street.

7. Removal and restoration of redundant crossings and footpath - Any existing vehicular crossings rendered unnecessary by this development must be removed and the footpath and normal kerbing must be restored at the developer's expense prior to the issue of an Occupation Certificate.
a) Construct a 150mm thick concrete crossing reinforced with F72 mesh;
b) Pave with 80mm thick concrete the area in Phillip Lane between the existing footpath and the proposed side entry to the building.
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

8. Strata Subdivision conditions.

9. The Construction Certificate Application must be accompanied by the following plans with details prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

(a) Mechanical ventilation and carpark exhaust system.

(b) Fire fighting equipment required throughout the building including, smoke hazard management systems and emergency lights.

(c) Sound transmission an insulation details.

(d) Fire resistance levels of all building elements and the protection of openings within 3m of a Fire Source Feature.

(e) Approved location of letterboxes.

(f) Structural details on the shoring of excavation works.

10. Waste storage facilities shall be provided as follows:

(a) Domestic Waste - 2 x 240 litre Mobile Garbage Bins (MGB's) and
Domestic Recycling - 2 x 240 litre MGB's.

(b) The Waste Storage Area being large enough to house a minimum of four (4) x 240 MGB's.

(c) The Waste Storage Area being located and constructed level with, and adjacent to the driveway.

11. An acoustic assessment is to be submitted to Council prior to the issue of a Construction Certificate demonstrating how the proposed development will comply with RailCorp Interim Guidelines for Applicants in the consideration of rail noise and vibration from the adjacent rail corridor. Prior to occupation the applicant is to submit a certificate from a qualified and practising Acoustics Engineer that the noise criteria in the Rail Corp Guidelines have been achieved by the building construction

12. The applicant is to procure a report on the Electrolysis Risk to the development from stray currents, and the measures that will be taken to control the risk. The applicant is advised to consult an Electrolysis expert. The expert's report must be submitted to RailCorp for review by the Senior Electrolysis Engineer or nominated Electrolysis Section personnel.

13. The developer is required to submit to RailCorp a plan showing all cranage and other aerial operations for the development.

* * * * *

APPENDIX



COMMITTEE'S DECISION


THAT the matter be deferred to review the consistency of Council's decisions relating to variations on density requirements in unit developments, and consideration of densities in Phillip Street.
(Moved Clr J Morris/Seconded Clr C Hindi)

Meeting Date: 05/10/2005


DAC025.02 - 05

6 MCMANUS PLACE, LUGARNO - ERECTION OF A TWO STOREY MASONRY OUTBUILDING

APPLICANT

Mr T and Mrs J F McDermott

PROPOSAL

Erection of a Two Storey Masonry Outbuilding

ZONING

Zone 2 - Residential

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Code for Single
Dwelling Houses, Code for the Erection of Outbuildings

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mr T and Mrs J F McDermott

EXISTING DEVELOPMENT

Two Storey Detached Dwelling House

COST OF DEVELOPMENT

$50,000.00

REASON FOR REFERRAL TO COUNCIL

Two (2) Objections Received

REPORT AUTHORS

Development Assessment Officer, Mr W Oslan

FILE NO

DA 20050318


EXECUTIVE SUMMARY


1. The application is for the erection of a two storey masonry outbuilding for the purpose of a second double garage and storage area.

2. Under the provision of Hurstville Local Environmental Plan 1994 (as amended), the construction of ancillary structures to a dwelling house is permissible on this land with Council's consent.

3. The proposed development fails to comply with all the relevant numerical controls of the Code for the Erection of Outbuildings.

4. Council's neighbour notification of the proposed development generated two (2) submissions.


RECOMMENDATION


THAT the application be refused for the reasons stated in the report.

___________________________________________________________________________

REPORT DETAIL


DESCRIPTION OF THE PROPOSAL

The applicant is seeking Council’s consent to erect a two storey outbuilding, for the purpose of two (2) additional off street parking provision, consisting of an upper floor to be used as a double garage with a relatively levelled access from the existing driveway, and storage space on the lower floor.

The proposed masonry outbuilding is located in close proximity to two (2) allotment boundaries on the south eastern corner, towards the front of the subject site. The outbuilding is designed with a pitched roof, consists of an upper and lower usable floor areas with a footprint of 6.1m x 5.5m and a total floor area of approximately 55sqm. The external wall height of the proposed is approximately 4.5m and the maximum ridge height is 6.1m from the finished ground level according to the submitted details.


BACKGROUND

Following a preliminary assessment of the proposed development, the applicant was advised to amend the proposal to comply with all of Council’s relevant controls.

Council was advised by the applicant that a single storey structure would not be adequate to satisfy the purpose in which they intend to use the outbuilding.

The original proposal included a brick gable roof end on the eastern elevation, which face the private open space of the adjoining property known as 96 Boronia Parade, Lugarno.

The applicant has since amended the proposal by only changing the original roof type to a hipped form on the eastern side, thus removing the need for a masonry gable end, reducing the height from 6.1m to 4.2m and increasing the building rear setback from 40mm to 150mm. As a result, the proposal still does not comply with all of Council’s relevant controls and in particular, the maximum height limits that apply to all new outbuildings.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the eastern side of the cul-de-sac in McManus Place in Lugarno.

The property is an irregular “L” shaped block with a total site area of 843.9sqm. Currently on the site is a two storey detached dwelling house with a double garage and an inground swimming pool.

The land falls steeply away from the street frontage and into the adjoining properties to the rear and the immediate surrounding streetscape consists of single and two storey dwelling houses of varying age and architectural styles.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

Hurstville Local Environmental Plan

The subject site is zoned 2 Residential, under the provisions of Hurstville Local Environmental Plan 1994 (as amended), where the proposed development defined as ancillary structures to a dwelling house is permissible with Council’s consent.

The proposed development does not satisfy all of the Zone Objectives, as described under the Zone No 2 Table of the Hurstville Local Environmental Plan 1994. The objectives of this zone are:

Comments: It is considered that the proposed development fails to preserve the character and amenity of the surrounding established areas. To construct a two storey outbuilding in close proximity to allotment boundaries is considered to be uncommon and is likely to detract from the existing local character. The proposal is considered to be excessive in height and therefore is expected to have an adverse impact upon the quality of outlook and amenity currently enjoyed by adjoining residents.

Comments: The application is not for the erection of a new dwelling house.

Comments: The proposal is not expected to have an adverse impact upon any existing buildings or streets with heritage significant, in the immediate area.

Comment: The two storey masonry outbuilding, if constructed, is expected to dominate and replace the relatively natural outlook currently enjoyed by adjoining residents to the rear and side, thus considerably reducing their visual amenity.

Comment: The proposal is not for the erection of any medium density housing form.

Comment: The proposal does not include any change of use.

Clause 19B(4) of Hurstville Local Environmental Plan relates to developments that are affected by the Foreshore Scenic Protection Area provision states:

Comment: The proposed outbuilding is not expected to be visible from any waterways or adjacent foreshore areas.

Comment: The proposed development is not expected to affect any access to views currently enjoyed by adjoining properties and public places to the waterways and adjacent foreshore areas.
Comment: There is no evidence of any significant natural topography, natural rock formations, canopy vegetation or any other significant vegetation which currently exist on the site.

Comment: The two storey masonry outbuilding, if constructed, is expected to have an adverse impact upon the relatively natural outlook currently enjoyed by adjoining residents from their private open space.

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment. The proposal, including the disposal of stormwater, is consistent with Council’s requirements for the disposal of stormwater in the catchment.

2. Draft Environmental Planning Instruments

Draft Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

The proposal meets the objectives of the draft Plan.

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.

3. Development Control Plans

Code for Single Dwelling Houses

ControlStandardProposal
Complies
Car Parking and Access2 spacesWith exiting double garage, total of 4 car spaces provided.
Yes
Landscape Area A – 55%Approximately 55% of total area provided
Yes
Code for the Erection of Outbuildings

    Control
StandardProposal
Complies
    6.2 Allotment coverage
    The dwelling house and all roofed buildings must not cover more than two-thirds of the allotment of land.
Roofed buildings on the site will cover an area of less then two-third of the total site.
Yes
    6.3 Maximum floor area
    55sqm maximum

    Total floor index of a dwelling and its outbuildings shall not exceed 0.5:1 (not including garage space up to 40sqm)
44sqm

Total floor index 332.5sqm or 0.37:1
Yes

Yes
    6.5 Side and rear setback
    (6.5.4.2) Detached structures less than 900mm from allotment boundaries must be designed to comply with the requirements of Clause 3.7.1.6 of the Building Code of Australia 2005 for housing provisions.
The proposed outbuilding satisfies Clause 3.7.1.6 of the Building Code of Australia for housing provisions.
Yes
    6.6 Height
    The maximum floor to ceiling height of an outbuilding should not exceed 3 metres measured from natural ground level to ceiling or top plate.
4.5m
No (1)
    7 External finishes
    All external finishes and claddings should be of low reflectivity.
Masonry wall and tiled roof.
Yes
    9 Stormwater
    Guttering and downpipes shall be provided to outbuildings and connected to an existing drainage line.
Connection of stormwater lines from the outbuilding and into the existing or an appropriate system will be condition as part of the consent.
Yes

As indicated in the compliance table above, the proposed development departs from Standard 6.6, height of outbuilding provisions of Council’s Code for the Erection of Outbuildings.

(1) Height

According to Standard 6.6, height of outbuilding provisions of Council’s Code for the Erection of Outbuildings, "the maximum height of an outbuilding should not exceed 3m measured from ceiling or top plate level to natural ground level at any point to minimize visual impact and to maintain solar access to adjoining premises. Applications for outbuildings in excess of 3m shall be accompanied by a letter justifying the reasons for the increased height.

Two storey outbuildings may only be approved by resolution of the Development Assessment Committee in the individual case where no alternative location is available and where the amenity of adjoining properties will not be compromised. It is recommended that these structures be incorporated with the main dwelling house where possible."

Comment: The proposed two storey out building, which exceeds the 3m height limit, is expected to have a detrimental impact upon the visual amenity of adjoining residents, by considerably reducing the relatively natural outlook they currently enjoy from their private open spaces as well as living areas.

Although the private open spaces of adjoining properties to the rear and side are currently overshadowed in mid to late afternoon by existing trees on the proposed development site, the proposed development will give rise to further and unreasonable overshadowing impact upon the private open space as well as living areas of adjoining properties to the rear.

On two (2) separate occasions, previous site inspections completed by two (2) Council officers have revealed that there may be; (a) an alternative solution which would allow for the construction of only single storey outbuilding, or (b) the possibility of relocating the proposed additional, off street parking provision to a position where it is unlikely to have an impact upon the immediate adjoining properties.

(a) It was suggested that the applicant consider another access point into the proposed double garage from the bottom of the existing driveway. This would require precision planning at design stage and likely to involve additional site works than the current proposal. Notwithstanding the additional requirements, it is considered that a single storey structure in the current proposed location, accessed via a driveway positioned parallel to the eastern allotment boundary to the front, extending from the bottom of the existing driveway could be achieved. This alternative solution is not expected to be as cost effective as the original, but it will provide for the additional off street parking provision that is in accordance with Council's relevant controls and not have a detrimental impact upon the amenity of the adjoining properties to the rear side.

(b) It was also suggested that the applicant explore the viability of erecting a concrete deck above an existing outdoor open space, located on the roof of the existing double garage for the additional off street parking provision. It is considered that access onto the platform could be achieved directly from McManus Place via a secondary driveway. The subject site is also considered to have adequate private open space provisions to the rear, and the erection of the above mentioned platform is unlikely to have a detrimental impact upon the amenity of the immediate adjoining properties.

4. Impacts

Natural Environment

The proposed outbuilding is not expected to have an adverse impact upon the surrounding natural environment.

Built Environment

The proposed development is likely to create an undesirable built environment that is not consistent with the existing or likely future character of the Lugarno area.

In general, low density residential buildings that are over single storey in height and constructed on or in close proximity to allotment boundaries are considered to be more common in Sydney’s Inner City suburbs where the average residential land size is less than 300sqm. It is also considered acceptable in such areas for private open spaces or courtyards to be enclosed by surrounding two storey masonry buildings. Such is not the case for the Lugarno area.

Social Impact

The proposal is not likely to have any social impact within the locality.

Economic Impact

There is no evidence to suggest that the proposed development will give rise to any economic impact in the locality.

Suitability of the Site

The proposed development has been assessed in relation to its environmental consequences and having regard to this assessment, it is considered that the land is unsuitable for the intended development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter on 17 June 2005 and given fourteen (14) days from 22 June 2005 to 6 July 2005 in which to view the plans and submit any comments on the proposal. The notification process generated two (2) submissions. The issues raised in the submission are summarised below.

Detrimental Impact upon Visual Amenity (Common to both submissions)

The proposed two storey building would significantly reduce the quality of amenity and outlook from the backyards of adjoining properties to the rear and side.

Comment: The objections and concerns of the effected neighbours are considered to be valid in this regard and have been supported in the body of this report.

Increased Overshadowing Impact (Common to both submissions)

The proposed two storey building would significantly reduce the solar access in to backyards of adjoining properties to the rear and side.

Comment: The private open spaces of adjoining properties to the rear and side are currently overshadowed, in mid to late afternoon, by existing trees on the proposed development site.

The proposed development is expected to give rise to some further overshadowing impact upon the private open space of adjoining properties to the east. The applicant has however prepared detailed shadow diagrams which indicate some additional impact in the late afternoon.

The Public Interest

There is no issue regarding the public interest.


6. CONCLUSION

The proposal, in its current form, is considered to be inappropriate in terms of its relationship to its surrounding environment and having regard to the matters of consideration under Section 79C of the Environmental Planning and Assessment Act 1979, the proposal is considered to be unsatisfactory and for this reason, the development should be refused for the reasons attached.


RECOMMENDATION

THAT pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses development consent to Development Application 20050318 for the erection of a two storey masonry outbuilding on Lot 6, DP 700264 and known as 6 McManus Place, Lugarno, for the following reasons:

1. Pursuant to the provisions of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development does not satisfy the objectives of the Zone No 2 - Residential Zone as contained in Part 2 of the Hurstville Local Environmental Plan 1994, including: "(a) to preserve and enhance the character and amenity of established residential areas," and "(d) to encourage greater visual amenity by requiring landscaping and permitting a greater variety of building materials and flexibility of design."

2. Pursuant to the provisions of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development does not satisfy Clause 19B(4)(d) of the Hurstville Local Environmental Plan 1994 relating to Foreshore Scenic Protection Areas.

3. The proposed development is unsatisfactory, pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, as it does not comply with the provisions of the Council’s Code for the Erection of Outbuildings, including Standard 6.6, height of outbuilding provisions.

4. The proposed development is unsatisfactory, pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, providing an undesirable and unacceptable impact on the surrounding built environment.

5. Pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development is inappropriately located and excessive in terms of height and would adversely impact upon the amenity of the adjoining residents.

* * * * *

APPENDIX



COMMITTEE'S DECISION


THAT the application be refused for the reasons stated in the report.
(Moved Clr J Morris/Seconded Clr S McMahon)

Meeting Date: 05/10/2005


DAC026.01 - 05

598-602 FOREST ROAD, PENSHURST - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A TWO STOREY MIXED
RETAIL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT
PARKING

APPLICANT

Mega Projects Pty Ltd

PROPOSAL

Demolition of existing structures and construction of a two
storey mixed retail and residential development with basement
parking

ZONING

Zone 3(C) - Business Centre

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, SEPP 55 - Remediation
of Contaminated Lands, Development Control Plan No 2 - Car
Parking, Development Control Plan No 15 - Contaminate Lands, Development Control Plan No 18 - Crime Prevention Through Environmental Design, Development Control Plan No 22 - Energy Efficiency

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

DH and PM Grant Holdings Pty Ltd

EXISTING DEVELOPMENT

One and two storey brick commercial buildings

COST OF DEVELOPMENT

$2,000,000.00

REASON FOR REFERRAL TO COUNCIL

Objections received

REPORT AUTHORS

Manager - Development Assessment, Mr P Thomas and Senior Town Planner, Ms T Christy

FILE NO

DA 20040525


EXECUTIVE SUMMARY


1. The proposal before Council is for the demolition of the existing buildings and the construction of a two (2) storey mixed retail/residential development with basement parking, consisting of two (2) retail shops and fifteen (15) residential units.

2. Amended plans were received which increased the landscaped area overall, improved the BCA compliance, increased separation of windows to adjoining properties, reduced the extent of shop glazing on front elevation and revised basement parking area.

3. The proposal complies with Council’s relevant LEP and DCP requirements.

4. Originally four (4) submissions were received, however two (2) submissions were received with the amended plans.

5. The application was considered at the September Development Assessment Committee and deferred for a Councillor inspection.

6. The inspection was scheduled for 15 September 2005.


RECOMMENDATION


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

___________________________________________________________________________

REPORT DETAIL


BACKGROUND

The application was considered at the September Development Assessment Committee and deferred for a Councillor inspection.

The inspection was scheduled for 15 September 2005.


For the information of Councillors, the original report is attached.

"DESCRIPTION OF THE PROPOSAL

The application seeks approval for the demolition of the existing one (1) and two (2) storey car related commercial buildings and the construction of a two (2) storey mixed retail/residential development consisting of two (2) retail shops and fifteen (15) x 2 bedroom residential units with basement parking.

The proposal is arranged in two building forms both running east/west along the site from the front to the rear of the site. All pedestrian access is via a centrally located walkway, open to the sky, which is at grade from the street level. Vehicular access to the basement is from a ramp located in the centre of the Forest Road frontage. The garbage rooms are situated on the ground floor, adjacent to both retail shops, one being for the residents and the other being for the retail uses.

The building to the north of the site has one (1) retail shop on the ground floor being 103.7sqm in size fronting Forest Road. Four (4) residential units are situated behind this shop on the ground floor, with five (5) residential units on the upper level. The first two units on the ground floor are the adaptable units, which are required to provide disabled access into and within those units. The ground floor units from this building have north-facing terraces, whilst the upper level units have north-facing balconies, each approximately 12.3sqm in size.

The building to the south of the site has one (1) retail shop on the ground floor being 109.7sqm in size fronting Forest Road. Four (4) residential units are situated behind this retail shop. These units are two (2) storey in nature, with the ground floor providing the main living areas and the upper level providing the bedrooms/bathroom. They also have north facing courtyards with direct access from the living areas. To ensure sufficient sunlight into these rooms and courtyards, the bottom level of these units are raised 1.2m above the ground level of the northern units. (This also accommodates an On-site Detention Tank below these units and above the basement level.). The building is still considered a two (2) storey building however, because the basement level and on-site detention project no more than 1m above natural ground level.

The basement provides for fifteen (15) resident parking spaces, one (1) wash bay, four (4) visitor spaces, and twelve (12) retail spaces. A lift and stairs provide access to the ground floor.

Areas of deep soil landscaping have been provided along the north-western side boundary and adjacent to the courtyards facing the central walkway.


BACKGROUND

The following amendments were made to the plans after discussions with the applicant:

DESCRIPTION OF THE SITE AND LOCALITY

The site is generally a rectangular shaped site with a frontage of 43.125m to Forest Road and an area of approximately 1467sqm. The site is located on the northern side of the street. Existing on the site are one (1) and two (2) storey brick buildings, some are vacant and some are associated with a car workshops. These buildings are setback from the street, with bitumen paving in front. The site was formerly used as a service station.

The site is generally flat, with a marginal fall of approximately 600mm from the rear to the front. No substantial vegetation exists on the site.

Adjoining the site to the north west is a single storey dwelling house. Adjacent to that dwelling house is a similar single storey dwelling house which has been converted to a restaurant and then a service station is situated on the corner of George Street. A one (1) and two (2) storey commercial building is located to the south east of the site. Located at the rear of the site are dwelling houses. Forest Road is a mixture of one (1) and two (2) storey commercial and retail premises. Generally residential exists to the rear of the site.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is zoned 3(C) Business Centre Zone and is a permissible use in the zone. The proposal meets the zone objectives in that it maintains a commercial and retail focus however it allows for residential development in mixed use buildings, so as to promote the vitality of business centres.

Floor Space Ratio

Clause 13 (2A) states the maximum floor space ratio (FSR) overall is 1.5:1, and the maximum FSR for the exclusively non-residential component is 1:1.

The proposal is for a retail component of 213.4sqm, which equates to a FSR of 0.15:1, which complies.

The overall floor space is 1644.1sqm, which equates to a total FSR of 1.12:1, which complies.

Height Restrictions

Clause 15 (A) states the maximum height for this site is 2 storeys.

The proposal is for a two (2) storey development. The basement and on-site detention under the southern units does not project more than 1m above natural ground level, therefore it complies with Council’s two (2) storey height provision.

The proposal has been designed this way to ensure sufficient sunlight into those units on the southern side as well as into their private courtyard area. This also allows a step in the architecture of the building, which helps to break up the bulk of the building. Further, it allows the on-site detention to be provided in this void area below the ground floor and increases the amount of deep soil landscaped area near those private courtyards.

The building appears from all elevations as a two (2) storey building. It is 8.631m from natural ground level to the highest roof point. The raised portion of the building is smaller in height than the adjoining two (2) storey commercial building.

STATE ENVIRONMENTAL PLANNING POLICIES

SEPP No 55 – Remediation of Contaminated Lands

SEPP No 55 requires that a site is to be remediated so that it is suitable for its intended use, which in this case is retail and residential. Given that the site was previously used as a service station, a “Preliminary Environmental Site Screening” report dated April 2004,was prepared by Environmental Investigation Services and then a “Remedial Action Plan” dated July 2004 (RAP).

The RAP determined that:

The RAP detailed remediation options including, the removal of all subsurface fuel storage facilities and any petroleum impacted fill and natural soil.

It is believed that the applicant has addressed the requirements of SEPP 55 and should approval be granted, then the application will be conditioned to comply with all requirements of this RAP and the submission of a validation report.

2. Draft Environmental Planning Instruments

There are no Draft Environmental Planning Instruments applicable to this development application.

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Safety standards for demolition and compliance with AS 2601 - 1991 apply to the demolition of any buildings affected by the proposal. If asbestos is involved, the demolition must comply with all appropriate WorkCover requirements.

3. Development Control Plans

Development Control Plan No 2 – Car Parking
RequiredProposedComplies
Retail requires 6 spaces/100sqm – req’s 1313 spaces proposedYes
Residential 1/ unit – req’s 1515 spaces proposedYes
Visitor 1 /4 units – req’s 44 spaces proposedYes
Car wash facility – req’s 11 car wash proposedYes

As can be seen from this proposal, the number of parking spaces complies with Council’s Development Control Plan.

Development Control Plan No 18 – Crime Prevention Through Environmental Design

DCP No. 18 – CPTED
Standard
Plan
Complies
FencingAllows natural surveillance to streetNo fencing is proposedN/A
Blind CornersTo be avoidedThe building is built to the street frontage with no blind cornersYes
Communal AreasProvide opportunities for natural surveillanceAll commercial areas have good surveillance from the residential units within the complex.Yes
EntrancesClearly visible and not confusingClearly visible from Forest Road Yes
Site and Building Layout- Provide surveillance opportunities
- Building addresses street
- Habitable rooms are directed towards the front of the building
- Garages are not dominant
- Offset windows
The building provides good passive surveillance of the street from both levels. Habitable rooms and balconies are directed to the street. Windows are either offset, 1.5m highlight windows or screened by privacy walls.Yes
Landscaping- Avoid dense medium height shrubs
- Allow spacing for low growing dense vegetation
- Low ground cover or high canopy trees around car parks and pathways
- Vegetation used as a barrier for unauthorised access
Deep soil vegetation has been provided throughout the site, however it is not dense and will not all for “hiding holes”.Yes
Lighting- Diffused/movement sensitive lighting provided externally
- Access/egress points illuminated
- No light spill towards neighbours
- Hiding places illuminated
- Lighting is energy efficient
No details were provided at this stage.This can be conditioned to comply.
Building Identification- Clearly numbered buildings
- Entrances numbered
- Unit numbers provided at entry
No details were provided at this stage.This can be conditioned to comply.
Security- Main entrances to multi-unit development utilise intercom and code/card locks for main entrance/car parkA secure gate has been provided at the front entry at street level. However, it is suggested that a security door be provided restricting access from lift to the residential units.This can be conditioned to comply.
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipThe use of colour and finishes will clearly separate the public commercial space from the residential units.Yes.

Development Control Plan No 15 – Contaminated Lands

The aims of this Development Control Plan are to:

The proposal complies with these aims in that the Remediation Action Plan (RAP) describes how the site will be remediated such that it will not increase the risk to health or the environment.

Section 2 of this Development Control Plan specifies Council’s procedures for development applications, ie when a RAP, etc is required. Sections 3, 4 and 5 of this Development Control Plan then specify Council’s requirements for remediation and Remedial Action Plans. This proposal has complied with the requirements of this section and that of SEPP 55.

Development Control Plan No 17 – Neighbour Notification and Advertising of Development Applications

Adjoining residents were notified of the original proposal and given fourteen (14) days within which to lodge any submissions as per the requirements of Council’s Development Control Plan No 17. At the same time an advertisement was placed in the local paper advising of this.

When the application was amended, the proposal was placed on public exhibition again for another period of fourteen (14) days.

Development Control Plan No 19 – Access and Mobility

This Development Control Plan requires two (2) units to be provided as adaptable units, such that they can be capable of accommodating a wheelchair person(s) if required. The proposal complies with this by providing Unit No’s 1 and 2 as adaptable units.

Two (2) car spaces are also required to be provided as a “disabled” space, whereby the size is greater to accommodate the needs of a wheelchair bound person. The proposal complies with this by designating car space No’s 12 and 13 for this use. These spaces are situated nearest to the lift and are considered the most appropriate spot.

Development Control Plan No 22 – Energy Efficiency

The applicant has submitted a NatHERS or equivalent rating of 3.5 stars for all the residential units in accordance with Council’s Development Control Plan. The windows have been orientated to the north to increase the solar access.

AAA rated water efficient shower heads, toilets and aerators on bathroom hand basins and kitchen sinks are to be installed.

A light grey metal roof is proposed, it is suggested that this be altered to a mid to dark range colour to reduce the reflectivity.

The proposal is considered to comply with the basic requirements of Council’s Development Control Plan.

4. Impacts

Natural Environment

The proposed development is considered unlikely to result in any adverse effects in the locality in terms of water or air quality. Appropriate measures are to be taken in respect of stormwater run-off and dust from excavation activity.

The proposed development is considered to be in character of the natural topography and size of the site, and the adjoining development pattern in the area. There is no significant vegetation on the site which this proposal will impact on, nor on the immediate area.

Hence the proposal is considered acceptable in this regard.

Built EnvironmentCharacter

The proposal is considered to be in character with the surrounding development in that it is a two (2) storey mixed retail/residential, which is typical of the immediate surrounding area. The building form has recesses, towers, roofs and balustrades that articulates the elevations.

Cross Ventilation

Most of the units are orientated towards the north, on a north-south axis, allowing for cross ventilation with windows on the southern side.

Privacy

The units have been designed such that highlight windows face towards other units (internally on the site) with a separation of 9m between windows. The buildings are stepped with privacy screens provided on the balconies, around the courtyards and along the upper level walkway to units 11 – 15; so the extent of viewing into other units is reduced. The provision of deep soil landscaping will further aid in the reduction of viewing into units.

Solar Access

All units are orientated to the north. The southern block of townhouses is raised to allow sunlight to penetrate over the top of the northern block of units into the courtyards and living areas of those townhouses.

The shadows cast from the development only affect 19 Carruthers Street at the rear, after 12 noon on 21 June for a small portion of the rear yard. By 3.00pm on the same day, the shadow extends to 17 Carruthers Street, however again it is only for a small portion of the rear yard. With regards to the internal courtyards for the southern townhouses, they begin to be affected by the shadows of the northern building by 12 noon on 21 June.

The units facing west (Forest Road) have been designed with deep balconies to control the amount of sunlight that enters from that aspect. The northern areas of glass are protected from the summer sun by large roof overhangs and balconies.

The proposal is considered a good design with respects to solar access, given the orientation of the site.

Heritage

The site is not considered to be heritage significant, nor in close proximity to heritage items.

Social Impact

Security

The proposal does allow for a security gate at the entrance, as discussed previously in this report, however it is considered that additional security is required for persons using the lift to gain access to the retail shops. This has been imposed as a condition of consent.

Appropriate location/desired future character

The proposal is within close proximity to public transport which will service both the retail and residential uses of the site. The use is compatible with the immediate area in that it combines retail uses and residential in a low scale, low bulk development. This is appropriate with the zoning and the surrounding uses. The design allows for passive surveillance of the street both during the working hours and outside of those hours.

The proposal is consistent with Council’s desired future character of the area, in that it is a combination of residential and retail.

Displacement of people

The site is currently part vacant and part used as a car workshop. Hence, the displacement of lower income families is not relevant for this proposal.

Economic Impact

The proposal is not considered to have any adverse economic effects in the locality in that it will replace an existing car workshop and vacant premises, which will bring money into the immediate area.

A minor loss of views may be experienced, given that the current development on the site is partially single storey, however this is not considered out of context with the existing development in the street.

Suitability of the Site

Size, shape, topography

The site is considered appropriate for the development in that it is relatively flat and allows for a two (2) storey mixed retail/residential development which is consistent with the surrounding existing development. The site is not affected by bushfire, acid sulfate soils, flooding, or any other constraints, with the exception of contamination which has been previously discussed. The following services of electricity, telephone, water and sewerage are readily available to the site.

Traffic Generation

The additional traffic generation expected from this proposal is considered to be minor and will not adversely impact on the existing streets or adjoining residents.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the original plans and submit any comments on the proposal. A total of four (4) submissions were received.

The amended plans were also placed on public exhibition, in which a total of two (2) submissions were received. (These two residents had objected with the original application.)

The concerns raised have been summarised below.

1. Objection from 21 Carruthers Street, Penshurst, located to the north-east (rear) of the site

Windows

Windows facing the rear should be deleted due to privacy concerns.

Comment: These windows are glass blocks which cannot be opened. It is suggested that they also be constructed of obscure glass and this is to be imposed as a condition of consent. Also, the balcony from Unit No. 15 which extends from near Bedroom 1 is to be deleted as this poses a loss of privacy to the rear resident, whilst providing little benefit to the residents of Unit No. 15.

Setback

The building should be setback from the boundary.

Comment: A nil-setback is permissible under the provisions of this Code. The portion of building facing this objector is 7.5m high at the highest point, which is considered appropriate given the zoning.

Residential Provisions

Does the proposal comply with residential provisions?

Comment: The proposal complies with Council’s provisions for this zone and the BCA in relation to setbacks.

Amenity

A car park vent opens up to our common property. This will reduce the amenity of our backyard.

Comment: This is a correct statement and it is suggested that any car park vent facing residential property is to be extended for the full height of the building so as to not impact directly on to that adjacent residential property.

2. Objection from 594 Forest Rd, Penshurst, located to the south-east of the site.

Setback

The proposal has a nil-setback to Forest Road, which is inconsistent with surrounding development.

Comment: This is permissible within this zone.

Landscaping

There is insufficient green space on this development, particularly between adjoining properties.

Comment: The proposal has provided adequate landscaping in the form of deep soil and shrubs. The setbacks from the boundaries comply with the BCA and are considered appropriate for the zoning. There is also no Council requirement for landscaping in the zone.

Parking

Insufficient parking on site

Comment: The proposal complies with Council’s requirements and that of the RTA.

Noise Complaints

Will I receive noise complaints as I operate a mechanical engineering business next door?

Comment: The existing premises next door should operate during normal business hours which is considered appropriate for a facility in a mixed business area. People buying into the premises would expect a business to operate during normal business hours and it is not envisaged that any complaints will be received.

Future Development

Will this restrict any future development on my site?

Comment: This proposal complies with all setbacks required under the BCA and has been designed to maximise the solar access. This objector’s property is located to the south, so it will need to be designed to also maximise solar access. However, this development will not impinge on that, given that it is a two (2) storey building, the majority of its setback is 3.0m from the side boundary and is 8.631m high at the highest point.

3. Objection from 604 Forest Rd, Penshurst located to the north-west of the site.

Sight Lines

The proposed shops are built to the boundary which will restrict the sight lines of people exiting the adjoining property at 604 Forest Road, Penshurst.

Comment: This proposal will reduce the sight lines currently experienced on the adjoining site. However, Council’s Traffic Engineer raised no objections to the proposal. Also, most of the cars exiting the adjoining site will be reversing. This will require the car to generally swing into the lane of cars heading east along Forest Road, which will not be blocked by this development. This development will only hinder the view of cars travelling west along Forest Road.

Isolated Site

This site will be completely isolated if this development goes ahead. It will devalue the site.

Comment: The applicant has submitted a letter in relation to the potential isolation of the adjoining site. They have stated that:

Although this statement from the applicant is true, the “detached house” to the north of 604 Forest Road has been converted to a restaurant. So it may not be in the near future that No. 604 (the objector’s house) can actually be incorporated into a future development.

However, having said this, the objector’s house is not considered to be isolated as there is some scope for future re-development which would include the objector’s house. Also, there is no proof that the objector’s residence will be devalued due to this development.

4. Objection received from 23 Carruthers Street, Penshurst, located to the north of the site at the rear.

Loss of Privacy

Loss of privacy from the rear facing balconies on the second floor.

Comment: These balconies are setback 1.5m from the side boundary. It is agreed that they will impact to some degree on the privacy of the backyard of the adjoining resident and it is suggested that they be screened with fixed angled louvres, 1.6m in height to restrict the direct viewing into that yard, whilst still allowing the sunlight to penetrate into them.

Council Referrals

Manager - Development Advice

No objections were raised in relation to the proposal provided standard drainage and footpath conditions of consent are imposed.

Building Assessment Officer

No objections were raised in relation to the amended plans, provided standard conditions of consent are imposed for residential flat buildings.

Tree Management Officer

No significant vegetation exists on site.

Manager - Environmental Services

The Manager advised:

Appropriate conditions of consent are to be imposed.

Traffic Engineer

Council’s Traffic Engineer made the following comments in relation to this proposal:

Approval is recommended, provided all parking space dimensions and garage dimensions comply with Council’s Code; access ramps, driveways, column set-backs, headroom and aisle widths must comply with Council’s Code; and a “Truck Route” being submitted to Council. These have been imposed as conditions of consent.External referrals

Roads and Traffic Authority

The proposal was referred to the RTA who had no objections to the proposal provided conditions of consent are imposed in relation to:
6. CONCLUSION

The proposal complies with Council’s controls and provides for a development which is consistent with Council’s Local Environmental Plan objectives for this zone.


RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 20040525 for the demolition of existing structures and construction of a two (2)storey mixed residential and retail development with basement parking on Lots 18-21 DP 3418 and Lot B DP 435765 and known as 598-602 Forest Road, Penshurst subject to the attached conditions:

1. Standard conditions for mixed commercial/residential developments.

2. The following plans:

Plan No.DateDescriptionPrepared by
FR-01 Issue AAmended April 05Basement ParkingMega Projects Pty Ltd
FR-02 Issue AAmended April 05Ground FloorMega Projects Pty Ltd
FR-03 Issue AAmended April 05First FloorMega Projects Pty Ltd
FR-04 Issue AAmended April 05Roof PlanMega Projects Pty Ltd
FR-05 Issue AAmended April 05SectionsMega Projects Pty Ltd
FR-06 Issue BAmended August 05ElevationsMega Projects Pty Ltd
FR-07 Issue BAmended August 05ElevationsMega Projects Pty Ltd
FR-08 Issue AAmended April 05Block AMega Projects Pty Ltd
FR-09 Issue AAmended April 05Block BMega Projects Pty Ltd

3. Payment of Section 94 Contributions

Open Space
$52,378.78
Community Services and Facilities
$42,810.00
Management
$3,159.60
Library – Infrastructure
$20,125.94
Library – Bookstock
$53.32

4. The proposal must comply with the provisions of Development Control Plan No 18 – Crime Prevention Through Environmental Design, with particular reference to the issues of:

5. The designated “disabled car spaces” are to be linked to the adaptable Unit No’s 1 and 2 on any future strata plan or subdivision.

6. The site is to be remediated in accordance with all requirements of the Remedial Action Plan prepared by Environmental Investigation Services dated July 2004, all requirements of the EPA and State Environmental Planning Policy No 55 – Remediation of Contaminated Lands.

7. A security door is to be provided restricting access from the lift to the residential units. Details are to be submitted with the Construction Certificate.

8. The proposed glass blocks located on the north east elevation are to be fixed and constructed of obscure glass to reduce the impacts of privacy on the adjoining residents. Details are to be submitted with the Construction Certificate.

9. The balcony from Unit No 15 which extends from near Bedroom 1 is to be deleted. Details are to be submitted with the Construction Certificate.

10. The north facing balconies of units 15 and 14 be screened with fixed angled louvres, 1.6m in height to restrict the direct viewing into that yard, whilst still allowing the sunlight to penetrate into them. Details are to be provided with the Construction Certificate.

11. Any car park vent facing residential property is to be extended for the full height of the building so as to not impact directly on to that adjacent residential property. Details are to be submitted with the Construction Certificate.

12. The basement and on-site detention facility is to protrude no further than 1m above natural ground level at any point in this development. Details of this are to be submitted with the Construction Certificate.

13. Building Code of Australia – The applicant must submit detailed plans and specifications for the proposed building demonstrating compliance with the BCA. Prior to the issue of any Construction Certificate the consent authority or accredited certifier must be satisfied that the buildings, as detailed by such plans and specifications, complies in full with the BCA for buildings having classifications of 2, 6, 7a and 7b.

Should the Council be appointment as the Principal Certifying Authority, in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the BCA. However, if an alternative solution is proposed it must comply with the performance requirements of the BCA, in which case, the alternative solution must be fully detailed and supported with suitable evidence and expert judgement. Council will also require, if deemed necessary, for the alternative solution to undergo an independent pier review by either the CSIRO or the SSL (Scientific Service Laboratory). In these circumstances, the applicant must pay all costs for the independent review.

14. Prior to the issue of a Construction Certificate a list of the fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a Construction Certificate, which is required to be submitted to either Council or an Accredited Certifier. Such list must also specify the minimum standard of performance for each fire safety measure included in the list. The Council or Accredited Certifier will then issue a Fire Safety Schedule for the building.

15. The Construction Certificate application must be accompanied by the following plans with details prepared and certified by an appropriately qualified person demonstrating compliance with the BCA.

a) Mechanical ventilation and car park exhaust system.
b) Fire fighting equipment including hydrants, hose reels, sprinklers and portable extinguishers.
c) Smoke hazard management system.
d) Emergency lights, exit signs and warning systems.
e) Access facilities for people with disabilities.
f) Sound transmission and insulation details.
g) Fire resistance levels of all building elements.

16. To minimise vibration damage or loss of support to the buildings and to the roadway in close proximity, a report shall be prepared by a qualified geotechnical engineer detailing works and procedures required to be undertaken during excavation. The report must be submitted with the Construction Certificate application and the recommendations of the engineer are taken to be conditions of consent.

17. Prior to the commencement of work in connection with the excavation of the site associated with the basement car park, structural engineer’s details relating to the method of supporting Council’s roadways/footways and the buildings on the adjoining allotments must be submitted to Council and be approved by Council.

18. In the event that the excavation associated with the basement car park is to be supported by the use of below ground (cable anchors that are constructed under Council’s roadways/footways, an application must be lodged with Council prior to commencement of those works. In this regard the following matters are noted for your attention and details submitted accordingly.

a) Cable anchors must be stressed released when the building extends above ground level to the satisfaction of Council.

b) The applicant must indemnify Council from all public liability claims arising from the proposed works, and provide adequate insurance cover to the satisfaction of Council.

c) Documentary evidence of such insurance cover to the value of ten (10) million dollars ($10,000,000.00) must be submitted to Council prior to commencement of the excavation work.

d) The applicant must register a non-terminating bank guarantee in favour of Council for the amount of $46,000.00.

This guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at the time verifying that the cables have been stress released.

e) In the even of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors must be borne by the applicant.

19. Prior to the commencement of any work in connection with the excavation of the site, an ‘A’ Class hoarding must be erected around the curtilage of the property. In the event that it is intended that the hoarding is to occupy any portion of Council’s footways along the street or roadway at any time during construction, a development application to construct hoardings on the footways must be lodged with Council. Alternatively, an application for a construction zone may be made to Council, together with payment of the appropriate fees.

20. Prior to the erection of any works above ground level or if it is intended to hold temporary site accommodation (sheds) for the project on an overhead hoarding during excavation of the land, a ‘B’ Class hoarding, in accordance with the requirements of WorkCover Authority of NSW, must be erected along that portion of the footways/roadway.

21. Prior to the commencement of work above ground level a ‘B’ and ‘C’ Class hoarding, in accordance with the requirements of WorkCover Authority of NSW, must be erected along that portion of the footways/roadway adjoining the building. A development application for this work must be submitted for approval to Council accompanied by detailed plans that are certified by an appropriately qualified engineer.

22. Provision for toilet facilities connected to the sewer must be provided prior to commencement of work.

23. Prior to commencement of site works a sign must be erected at the entrance of the property detailing permitted hours of work. The lettering is to have a minimum height of 50mm and is to contrast the background of the sign. The builder is to advise all sub-contractors, in writing, of the approved hours of work prior to commencement of excavation works.

24. A sign must be erected in a prominent position on the work site showing the name, address and telephone number of the Principal Certify Authority; the name of the principal contractor (if any) for the building work and a telephone number at which that person may be contacted outside working hours; and stating that unauthorised entry is prohibited. The sign must not be removed until work has been completed.

25. All vehicles transporting soil material to and from the site as well as transporting all waste material, including demolition material, existing landfill and spoil, from the subject site must ensure that the entire load is covered by means of tarpaulin or similar material. The vehicle driver shall be responsible for ensuring the waste material, dust or dirt particles are not deposited onto the roadway during transit. The preferred method of covering loads is with an automated ‘enviro-tarp’. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure hat all loads are adequately covered, and this shall be strictly enforced by Council’s Law Enforcement Officers. Any breach of this legislation is subject to ‘Penalty Infringement Notice’ being issued to the drivers of those vehicles not in compliance with the regulations.

26. The roads and footpaths in front of the site as well as all streets along the designated heavy vehicle route must be kept free from soil and all waste materials, including existing landfill, demolition material and spoil, during the course of the work. The developer must monitor the state of the roadways and footpaths in front of the site and the roadways leading to and from the site on a daily basis, and take all necessary steps to clean any adversely impacted road pavements. In this regard, the developer must make arrangements for the regular dry mechanical suction sweeping of the streets, particularly in the vicinity of the site, for the duration of the works. It should be noted that the flushing of the roadways using a watercart or similar means constitutes a breach of the Protection of the Environment Operations Act, 1997, carrying a $1,500.00 Penalty Infringement Notice.

27. For the residential portion of the building the following waste and recycling facilities will be required.

Domestic waste 4 x 240 litre Mobile Garbage Bins (MGB’s)
Domestic recycling 5 x 240 litre MGB’s

28. For the commercial portion of the building appropriate waste and recycling containers and facilities will need to be provided for all specific end use business in accordance with the following waste generation rates.

a) Retail trading – shops to 100sqm – 0.1-0.2 cubic metres per 100sqm of floor area per day.
b) Restaurants and Food Shops – 0.3-0.6sqm per 100 meals plus up to 0.15 cubic metres of beverage containers per 100 meals.
c) Office – 0.01-0.03 cubic metres per 100sqm of floor area per day.

29. All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins, appropriate for the number of units and intended uses of the building, and is to be located in an area of the building that can be adequately serviced by waste collection vehicles.

30. The Owners Corporation shall be responsible for presenting all MGB’s for collection and returning them to the storage area after they have been emptied.

31. A Waste Management Plan must be submitted to Council incorporating all requirements in respect of the provision of these waste storage facilities prior to the issue of any Construction Certificate.

32. Parking space dimensions and garage dimensions must be in accordance with Council’s Code.

33. All car spaces must be clearly identifiable, whether disabled, residential, business or visitor, with particular attention paid to signage and delineation.

34. Access ramps, driveways, column setbacks, headroom and aisle widths must all be in accordance with Council’s Code.

35. Location of vehicular access must be in accordance with Council’s Code.

36. Location of vehicular access must be in accordance with Council’s Code.

37. Prior to approval, the developer must submit a proposed ‘Truck Route’ to Council’s Traffic Engineer for approval.

38. The driveway off Forest Road shall be a minimum of 6 metres wide, splaying out to 8 metres at the kerb line of Forest Road.

39. The design and construction of the gutter crossing off Forest Road shall be in accordance with RTA requirements. Details of these requirements should be obtained from RTA’s Project Services Manager, Traffic Projects Section, Blacktown (Ph: 02 8814 2411).

40. All works associated with the proposed development shall be at not cost to the RTA.

41. The proposed development should be designed, such that road traffic noise from Forest Road, is mitigated by durable materials, in accordance with EPA criteria for new land use developments (The Environmental Criteria for Road Traffic Noise, May 1999). The RTA’s Environmental Noise Management Manual provides practical advice in selecting noise mitigation treatments.

Where the EPA external noise criteria would not practically or reasonably be met, the RTA recommends the Council apply the following internal noise objectives for all habitable rooms under ventilated conditions complying with the requirements of the Building Code of Australia:

* All habitable rooms other than sleeping rooms: 45 dB(A) Leq(15hr) and 40 dB(A) Leq(9hr) and,
* Sleeping rooms: 35 dB(A) Leq(9hr).

42. Off street parking associated with the proposed development (including ramps, aisle widths, aisle lengths, parking bay dimensions, sight distances and loading bays) should be designed in accordance with AS 2890.1-2004 and AS 2890.2-2002.

43. All vehicles should be able to enter and exit the subject site in a forward direction.

44. All construction vehicles should be able to be accommodated on site, as the RTA will not support a ‘Construction Zone’ on Forest Road.

45. The roof material to be amended to be a mid to dark range colour to reduce reflectivity."

* * * * *

APPENDIX



COMMITTEE'S DECISION


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

Meeting Date: 05/10/2005


DAC026.02 - 05

2C BOUNDARY ROAD, MORTDALE - PROPOSED SUNDAY ONCE A MONTH MARKET STALLS

APPLICANT

Mortdale Bowling Club

PROPOSAL

Proposed Sunday once a month market stalls

ZONING

Zone 6(a) - Open Space

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Development
Control Plan No 2 - Car Parking, Development Control
Plan No 19 - Access and Mobility

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Hurstville City Council

EXISTING DEVELOPMENT

Mortdale Bowling Club

COST OF DEVELOPMENT

Nil

REASON FOR REFERRAL TO COUNCIL

Objections and non compliance with DCP No 2

REPORT AUTHORS

Development Assessment Officer, Ms F Heretis

FILE NO

DA 20050385


EXECUTIVE SUMMARY


1. The proposal is defined as a ‘community facility' and is permissible within the zone.

2. The proposal does not comply with RTA parking guidelines in relation to car parking.

3. Two (2) objections have been received in relation to the proposal.


RECOMMENDATION


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

___________________________________________________________________________

REPORT DETAIL


DESCRIPTION OF THE PROPOSAL

The application seeks approval for the use of Bowling Green No 2 within the grounds of the Mortdale Bowling Club, as a base for once a month market stalls. Thirty (30) market stalls are proposed to operate on a monthly basis on the last Sunday of the month from 9.00am – 3.00pm.

On site car parking has been proposed to the rear of the existing club house and nineteen (19) on site parking spaces are proposed. Access and egress is proposed via Boundary Road.


BACKGROUND

Proposal was lodged with Council on 11 July 2005. Additional information was requested from the applicant on 18 July, this was provided on 28 July. Notification of the proposal was undertaken in accordance with Council's requirements.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a triangular shaped site adjacent to the railway line and backing onto residential properties which front George Street. The site is part public open space parklands, with the remainder of the site being occupied by the Mortdale Bowling Club which has three (3) bowling greens. At present one (1) of the three (3) bowling greens lies unused; this green is the subject of this proposal.

The site adjoins Boundary Road to the west, public parklands to the east, residential flat buildings to the north and the railway to the south. The area is generally residential in character.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

Hurstville Local Environmental Plan

The land is zoned Open Space 6(a). The proposal is considered as a 'community facility' and is permissible within the zone. The proposal is considered to meet the zoning objectives.

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment. The proposal is consistent with Council’s requirements for the disposal of stormwater in the catchment.

2. Draft Environmental Planning Instruments

The proposal is consistent with the draft Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment.

Any other matters prescribed by the Regulations

There are no prescribed matters that would impact on the proposal.

3. Development Control Plans

Development Control Plan No 2 – Car Parking

Development Control Plan No 2 does not stipulate a parking rate for markets. As such the proposal has been considered by Council’s Traffic Engineer as per the Roads and Traffic Authority Guide to Traffic Generating Developments, and the Australian Standards. Please see comments under 'Council Referrals - Traffic Engineer'.

Development Control Plan No 19 – Access and Mobility

Development Control Plan No 19 requires that ‘commercial/business premises developments’ (including shops, refurbishment of shops and changes of use) are required to provide access in accordance with AS 1428.2 and AS 1735’.

The bowling green can be accessed via a level entrance from Boundary Road and a ramp exists behind bowling green one (1), to access the proposed area for the markets. It is considered that disabled access to the grounds has been adequately provided.

4. Impacts

Natural Environment

The proposal will make use of the under utilised existing bowling green on site. No significant trees exist upon the green and it is not proposed to remove any vegetation on site. It is not considered that the proposal will have any adverse impact upon the natural environment.

Built Environment

As it is proposed to erect temporary market stalls on a monthly basis, it is not considered the proposal will have an adverse impact upon the built environment.

Social Impact

It is considered that the proposal will provide for a positive social impact in that it will encourage interaction between members of the community and provide for an active social environment in Mortdale on a monthly basis in association with the operation of the bowling club.

Economic Impact

As the use is to be undertaken on a monthly basis and largely aimed as a community attraction, it is not considered that any negative economic impacts will arise.

Suitability of the Site

As the bowling green is currently not utilised by the bowling club and access is available to the site via the club grounds and Boundary Road, it is considered to be an appropriate location for monthly markets.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Two (2) objections were received.

Religiously OffensiveSection 79C of the Environmental Planning and Assessment Act 1979 does not allow for applications to be assessed on ‘religious’ grounds, however concern raised in the objection received has been acknowledged. Excessive Traffic ImpactsAs per consideration by Council’s Traffic Engineer, it is noted that Boundary Road, Mortdale is classified as a regional road under the Hurstville City Council Road Hierarchy. As regional roads they are estimated to have in excess of 15,000 vehicles per day utilising this thoroughfare. As such the increase in traffic by this development is deemed to have a negligible impact on the local road network. However, due to the location of the proposed development (ie with relation to its close proximity to the rail one-lane overbridge), the Hurstville Traffic Advisory Committee has noted that the increase in traffic at this location is of a serious concern.Excessive Parking Impacts

As per consideration by Council’s Traffic Engineer the proposal has not provided sufficient off street parking. It is noted that the markets are proposed to operate on a monthly basis, with twenty six (26) on street car parking spaces on Boundary Road directly outside the bowling club, unrestricted on street parking on Boundary Road as well as in surrounding local streets. Council Referrals Building Assessment OfficerCouncil’s Building Inspector has considered the proposal and advised that along with standard conditions for office/commercial development, the following additional conditions are imposed;Traffic EngineerCouncil’s Traffic Engineer has considered the proposal and evaluated proposed parking as per the Roads and Traffic Authority Guide to Traffic Generating Developments, Australian Standards and Development Control Plan No 2 – Car Parking and advised that;Traffic CommitteeCouncil’s Traffic Committee has considered the proposal and has advised as follows;Manager – Parks and RecreationCouncil’s Manager - Parks and Recreation does not support the application as it is considered that existing access to Jubilee Park is difficult and that the Bowling Green should be resumed by Council to provide for more direct access to Jubilee Park.Environmental Health OfficerCouncil’s Environmental Health Officer has considered the proposal and advised that the following conditions be imposed.External Referrals

No external referrals were required.


6. CONCLUSION

The proposal as noted in the report is a permissible use upon the land and does not comply with parking requirements. It is not considered that overly excessive parking and traffic impacts will occur as a result of approving this application due to its monthly operation. It is believed that the markets are primarily intended to attract the local surrounding community who will as a result may likely visit the markets on foot.

An assessment of the proposal has considered objections submitted and relevant issues which have arisen as outlined above.

The proposal is recommended for approval subject to a trial period of twelve (12) months, at which time the applicant is required to submit a Section 96 application to extend the period of the consent.


RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 20050385 for once a month market stalls on Lot 1 DP 432792, Lot 14 and 15 Sec F DP 2921 known as Jubilee Park (Mortdale Memorial Park) 2C Boundary Road, Mortdale, subject to the attached conditions:

1. Standard conditions for office/commercial development.

2. This consent is valid for twelve (12) months from the endorsement date, at which time the applicant is required to submit a Section 96 application to extend the period of the consent.

3. Plans

Drawing No.
Date
Description
Drawn By
A
25 Jul 05
Stalls Layout Plan
-
B
27 Jul 05
Site Plan
-

Health

4. Each individual stall selling, handling or preparing food is to comply with the Food Act 2003 Section 21 (Food Standards Code).Building

5. Access for persons with disabilities must be provided to and throughout the market stall area in accordance with the requirements of the Building Code of Australia and AS 1428.1.

6. Entry/exit points shall be kept clear at all times and be clearly visible by occupants of the market area.

* * * * *

APPENDIX



COMMITTEE'S DECISION

Part A:

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 20050385 for once a month market stalls on Lot 1 DP 432792, Lot 14 and 15 Sec F DP 2921 known as Jubilee Park (Mortdale Memorial Park) 2C Boundary Road, Mortdale, subject to the attached conditions:

1. Standard conditions for office/commercial development.

2. This consent is limited to a trial period of six (6) event days from the endorsement date, at which time the applicant is required to submit a Section 96 application for determination by Council to extend the period of the consent, subject to satisfactory conduct during the trial period.

3. Plans

Drawing No.
Date
Description
Drawn By
A
25 Jul 05
Stalls Layout Plan
-
B
27 Jul 05
Site Plan
-

Health

4. Each individual stall selling, handling or preparing food is to comply with the Food Act 2003 Section 21 (Food Standards Code).Building

5. Access for persons with disabilities must be provided to and throughout the market stall area in accordance with the requirements of the Building Code of Australia and AS 1428.1.

6. Entry/exit points shall be kept clear at all times and be clearly visible by occupants of the market area.

7. Appropriate signage to be provided on both sides of the one lane rail bridge on Boundary Road advising of the event. In this regard the applicant should consult with both Hurstville and Kogarah Councils.

Part B:

FURTHER THAT the events are to be monitored by the Traffic Committee for traffic flow, road safety and parking issues, taking into account the points raised by the Traffic Committee in their report.
(Moved Clr B Giegerl/Seconded Clr C Hindi)

Meeting Date: 05/10/2005


DAC026.03 - 05

1 MARTIN PLACE, MORTDALE - CONSTRUCTION OF A PART 3/
PART 4 STOREY RESIDENTIAL FLAT BUILDING (6 X 2 BEDROOM DWELLINGS)

APPLICANT

Maxnox Pty Ltd

PROPOSAL

Construction of a part 3/part 4 storey residential flat building (6 x 2 bedroom dwellings)

ZONING

Zone 2 - Residential

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, Interim Residential Development Code

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Maxnox Pty Ltd

EXISTING DEVELOPMENT

Single dwelling house

COST OF DEVELOPMENT

$680,000.00 (revised $1,020,000.00)

REASON FOR REFERRAL TO COUNCIL

Non compliance with IRDC and one objection

REPORT AUTHORS

Development Assessment Officer, Ms T Gizzi

FILE NO

DA 20050092


EXECUTIVE SUMMARY


1. The application proposes to construct a part three part four storey residential flat building with basement car parking and containing 6 x 2 bedroom dwellings.

2. 1 Martin Place is an isolated site with a width of 15.24m.

3. The application proposes a number of variations to the Interim Residential Development Code.

4. The application was notified twice for fourteen (14) days. One (1) objection was received.


RECOMMENDATION


THAT the application be refused for the reasons stated in the report.

___________________________________________________________________________

REPORT DETAIL


DESCRIPTION OF THE PROPOSAL

The application seeks approval for the construction of a part 3/part 4 storey residential flat building with basement parking. The proposed building is four (4) storeys at the front of the property as the basement level is more than one (1) metre above natural ground level.

It is proposed that the building will consist of six (6) x two (2) bedroom dwellings. The proposal has been designed to incorporate two (2) units per floor with a central stairway providing access to all six (6) dwellings. Access to the stairwell is located adjacent to the north eastern boundary.

Six (6) resident parking spaces and two (2) visitor spaces are provided in the basement garage.


BACKGROUND

22 February 2005 Application was lodged with Council

4 March 2005 Application was notified for fourteen (14) days. One (1) submission received.

7 April 2005 Application submitted to Design Review Panel for comment.

27 April 2005 Design Review Panel comments received. Applicant requested to amend plans to address comments.

17 June 2005 Amended plans received.

24 June 2005 Amended plans renotified. No objections received.

7 July 2005 Application submitted to Design Review Panel for comment.

3 August 2005 Design Review Panel comments received.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a regular shaped site with a frontage of 15.24m to Martin Place and an area of 545.6sqm. The site is located on the south eastern side of the street. Existing on the site is a single dwelling house.

Adjoining the site to the north east is a right of way which services a car park and the commercial buildings which front Morts Road, to the south west of the site is a residential flat building. Located at the rear of the site is a residential flat building which fronts Macquarie Place. These developments have left the site isolated. The area to the north east of the site is commercially zoned and is therefore commercial in character; the area to the south west of the site is residentially zoned and generally consists of medium density residential flat buildings.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

State Environmental Planning Policy 65 – Design Quality of Residential Flat Development

The original proposal was submitted to the Design Review Panel for comment on the 7 April 2005. The following comments were made.

1. Context
In response to these comments the applicant made some changes to the proposal including alterations to entry foyer and stairwell, increased setbacks from the north eastern boundaries, reduction in the floor area of each unit and the inclusion of opaque glass louvres in an attempt to maintain privacy. The amended plans were re-submitted to the design review panel for additional comments. These are provided below.

The applicant has chosen to continue with the proposal in its current form and no further amendments have been made. As such, the application is considered to be contrary to the objectives and principles of SEPP 65 as per the Design Review Panel’s report and subsequently cannot be supported.

Hurstville Local Environmental Plan

The land is zoned 2 – residential and the proposal is a permissible use in the zone. The proposal is considered inconsistent with objective (d) of the zone. Objective (d) encourages visual amenity by requiring landscaping. Given that the application proposes a significant variation to the landscaping requirements it is considered contrary to the zone objectives.

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment. The proposal, including the disposal of stormwater, is consistent with Council’s requirements for the disposal of stormwater in the catchment.

2. Draft Environmental Planning Instruments

Draft Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

The proposal meets the objectives of the draft plan.

Any other matters prescribed by the Regulations

The application has been assessed by Council’s Building Assessment Officer in relation to the Building Code of Australia. Comments are provided below under referrals.

3. Development Control Plans

INTERIM RESIDENTIAL DEVELOPMENT CODE

The proposed development is located in Area D under the Interim Residential Development Code.

IRDC Development Area D Controls
Standard
Proposal
Complies
Minimum Street Frontage24m15.24mNo (1)
Residential Density (site area/unit)105sqm per dwelling91sqm per dwellingNo (2)
Landscaped Open Space45%31%No (3)
Front Site Height Maximum12m11.45mYes
Rear Site Height Maximum12m11mYes
Front Site Storeys Maximum34No (4)
Rear Site Storeys Maximum33Yes
Attached Dwellings
YesYesYes
Minium Private Open Space12sqm (minimum size of balconies/ courtyards) with a minimum width of 2.5m12sqm provided to each unit however under 2.5m in widthNo (5)
Front Boundary SetbacksMinimum 6m6mYes
Rear Boundary SetbacksMinimum 6m or building envelope whichever is greater6m provided
Minor encroachment into building envelope
No (6)
Minimum Side Boundary Setbacks
* Ground floor


* First Floor


* Second Floor
3m north east
3.1m south west

6.1m north east
6.4m south west

9.4m north east
9.4m south west
1.58m north east
2.2m south west

1.58m north east
2.2m south west

1.58m north east
2.2m south west
No (7)


No (7)


No (7)

(1) Minimum Street Frontage

The subject site is only 15.24 metres wide which is contrary to the Interim Residential Development Code requirement of 24m. As the site is surrounded by residential flats and commercial buildings, it is isolated and unable to amalgamate to meet Council’s minimum width requirements. It is for this reason, that a residential flat building may be considered on the site. However, the proposal in its current form is not supported, and is considered excessive for the site.

(2) Residential Density

The Interim Residential Development Code specifies a density requirement of 105sqm per dwelling which on this site equates to five (5) units. The application has proposed six (6) units which equates to 90sqm per dwelling. This variation results in a number of other non-compliances with the Code which are considered unnecessary and unjustified. These are discussed below.

(3) Landscaped Open Space

The application proposes to landscape 31% of the site which is contrary to the 45% requirement of the Code. This variation is a direct result of the variation to density. The proposed flat building is too large for the site and if reduced in size would be able to meet landscaping requirements. This variation is not supported.

(4) Front Site Maximum Storeys

The proposed residential flat building is four (4) storeys at the front of the property due to the basement garage being more than one (1) metre above natural ground level. It is believed that this is also an unnecessary variation. The site is not considered constrained in such a way that a four (4) storey building is deemed necessary. The building could be reduced in size and the upper floor front setback could be increased to comply with this development standard.

(5) Minimum Private Open Space

Under the provisions of the Interim Residential Development Code each unit is to have a minimum 12sqm of private open space with a width of at least 2.5m. The minimum width of 2.5m is required to ensure the balconies/courtyards are functional as outdoor living spaces. All of the proposed units in the development comply with the 12m requirement however none of the balconies/courtyards meet the 2.5m width requirement. The width of the open space areas vary between 1 and 2 metres. This is considered unsatisfactory as the usability of the space is compromised and the objectives of the Interim Residential Development Code are not met. As has previously been discussed, by reducing the size of the building, compliance could be achieved.

(6) Rear Setback

The application proposes a minor encroachment into the rear building envelope. The third floor encroaches into the envelope for a height and distance of one (1) metre. This encroachment is considered minor and has no additional impact in terms of overshadowing or privacy.

(7) Minimum Side Boundary Setbacks

As the site is isolated it is impossible to meet the building envelope requirements. The application proposes a minimum setback of 1.588m from the north eastern boundary and a minimum setback of 2.2m from the south western boundary. This results in a separation of 5.7m between the windows of the proposed building and the existing residential flat building on the adjoining block and a separation distance of 5m between the balconies of the proposed building and the existing building. These separation distances are generally unsatisfactory and where they cannot be increased, windows should be offset. However, although the plans provided illustrate the adjoining building it is unclear what each window is used for. No objections were received in relation to privacy or overshadowing so therefore it is assumed that adjoining residents are not concerned about the impact of the building being so close to the boundary. It can be said however that the overall design of the building could be improved to increase these setbacks and balconies could be deleted from the side of the building.

DEVELOPMENT CONTROL PLAN NO 2 – CAR PARKING

Car Parking DCP 2
Standard
Proposal
Complies
2 or less bedrooms1 car space per unit6 spaces providedYes
Visitor spaces1 per 4 dwellings2 providedYes

DEVELOPMENT CONTROL PLAN NO 18 – CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

DCP No. 18 – CPTED
Standard
Plan
Complies
FencingAllows natural surveillance to streetNo fencing proposedN/A
Blind CornersTo be avoidedLimited blind corners.Yes
Communal AreasProvide opportunities for natural surveillanceLiving room windows overlook communal areasYes
EntrancesClearly visible and not confusingEntrance defined by covered pathwayYes
Site and Building Layout- Provide surveillance opportunities
- Building addresses street
- Habitable rooms are directed towards the front of the building
- Garages are not dominant
- Offset windows
Living areas address street.
Basement garage provided.
Yes
Landscaping- Avoid dense medium height shrubs
- Allow spacing for low growing dense vegetation
- Low ground cover or high canopy trees around car parks and pathways
- Vegetation used as a barrier for unauthorised access
Landscaping allows for visual access to street and does not pose a security issue.Yes
Lighting- Diffused/movement sensitive lighting provided externally
- Access/egress points illuminated
- No light spill towards neighbours
- Hiding places illuminated
- Lighting is energy efficient
No details given.To be conditioned if approval granted.
Building Identification- Clearly numbered buildings
- Entrances numbered
- Unit numbers provided at entry
No details givenTo be conditioned
Security- Main entrances to multi-unit development utilise intercom and code/card locks for main entrance/car parkNo details givenTo be conditioned
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipYesYes

4. Impacts

Natural Environment

There are a number of trees currently existing on the site. These have been assessed by Council’s Tree Preservation Officer who has requested a number of trees be retained as per comments further in this report. The applicant has also proposed additional landscaping on site, but given that the application proposes to vary Council’s landscape area requirement by 14%, this is considered inadequate. Deep soil planting is restricted to the rear and front yard areas and no provision is made for sufficient planting along the side of the proposed building. The lack of planting on the site and therefore the impact of the proposed development on the natural environment is considered unnecessary and unjustified.

Built Environment

The proposed building is consistent with the existing streetscape of Martin Place. Martin Place is generally characterised by 1970 style residential flat buildings of brick construction, three (3) storeys in height with parking underneath. Impacts on adjoining properties in terms of overshadowing are generally limited and as no objections were received regarding this issue it is assumed that these impacts are acceptable to neighbouring residents.

Privacy impacts are a concern due to the reduced setbacks and the inclusion of balconies along the south western elevation. However, once again no objections have been received in relation to this issue so it is concluded that these impacts are considered acceptable.

The submitted shadow diagrams demonstrate some overshadowing of adjoining properties however most units will still receive four hours of sunlight a day. No objections were received in relation to overshadowing.

Social Impact

The proposed development being of a medium density is suitably located in close proximity to the Mortdale commercial centre and in a designated medium density residential area.

Economic Impact

The proposed development will contribute to the local economy of Hurstville by bringing more people into the area. The applicant is also required to pay Section 94 Contributions for the development which goes towards funding public facilities.

Suitability of the Site

The proposed development is not considered suitable for this site. The proposed residential flat building is considered to be an overdevelopment of the site given the non-compliances with density, storeys and landscaping as discussed previously. The subject site would be conducive to a residential flat building which is smaller in both bulk and scale.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

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.

Objection from 3/8 Martin Place, Mortdale, located to the north west of the site

Heritage

House is old style.

Comment: The existing dwelling house at 1 Martin Place is not heritage listed under the Hurstville Local Environmental Plan and is not listed on any other heritage registers.

Streetscape

The height of the building will change the look of the street particularly next to the carpark and the overall skyline will be affected.

Comment: The area is designated as Area D under the Interim Residential Development Code. Area D promotes the construction of residential flat buildings in the area subject to a number of requirements. Given that the building is however, four (4) storeys it is not in keeping with the objectives of the area.

Overdevelopment

The proposed building is an overdevelopment.

Comment: Given the proposed non-compliances with density, landscaping and storeys, it is agreed that the application is an overdevelopment of the site.

Council Referrals

Manager - Development Advice

Council’s Manager - Development Advice has raised no objections to the development subject to conditions.

Building Assessment Officer

Council’s Building Assessment Officer has raised no objections to the development subject to conditions including the method of fire protection for all openings within 3 metres of the side boundary.

Tree Management Officer

Council’s Tree Management Officer has no objections to the development subject to the retention of the Flowering Gum and the Macadamia Tetraphyllia for the distance of 1.5 metres.

Traffic Engineer

Council’s Traffic Engineer has raised no objections to the development subject to conditions.

External Referrals

Urban Design Review Panel

See comments under SEPP 65.


6. CONCLUSION

Development Application 20050092 proposes to construct a part 3/part 4 storey residential flat building at 1 Martin Place, Mortdale. The subject site is considered isolated. The application proposes a number of variations to the Interim Residential Development Code however a number of these are not supported as they are unjustified and unnecessary. One (1) submission was received objecting to the application. The application is recommended for refusal.


RECOMMENDATION

THAT pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses development consent to Development Application 20050092 for the construction of a part 3/part 4 storey residential flat building with basement parking on Lot 2, DP 110055 and known as 1 Martin Place, Mortdale, for the following reasons:

1. Non-compliance with the numerical standards of the Interim Residential Development Code.

2. Contrary to the principles of State Environmental Planning Policy 65 - Design Quality of Residential Flat Development.

3. Contrary to the objectives of the Interim Residential Development Code.

4. Not in the public interest.

5. Proposal is contrary to objective (d) of Zone 2 of the Hurstville Local Environmental Plan 1994.

* * * * *

APPENDIX



COMMITTEE'S DECISION


THAT the application be refused for the reasons stated in the report.
(Moved Clr S McMahon/Seconded Clr B Giegerl)

Meeting Date: 05/10/2005


DAC026.04 - 05

477-479 KING GEORGES ROAD, BEVERLY HILLS - ALTERATIONS
AND ADDITIONS TO EXISTING COMMERCIAL BUILDING

APPLICANT

Mr and Mrs Reddy

PROPOSAL

Alterations and additions to existing commercial building

ZONING

Zone 3(c) - Business Centre

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, Development Control
Plan No 2 - Car Parking, Development Control Plan No 12 -
Beverly Hills, Development Control Plan No 18 - Crime
Prevention Through Environmental Design

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Mr and Mrs Reddy

EXISTING DEVELOPMENT

Commercial building

COST OF DEVELOPMENT

$400,000.00 (revised to $681,600.00)

REASON FOR REFERRAL TO COUNCIL

Two objections and non compliance with DCP's

REPORT AUTHORS

Development Assessment Officer, Ms T Gizzi

FILE NO

DA 20040780


EXECUTIVE SUMMARY


1. The application proposes alteration and additions to the existing single storey commercial building.

2. The application proposes a variation to the Beverly Hills Development Control Plan No 12.

3. One (1) submission was received to the original plans, and one (1) to the amended plans.


RECOMMENDATION


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

___________________________________________________________________________

REPORT DETAIL


DESCRIPTION OF THE PROPOSAL

The application seeks approval for alterations and additions to the existing single storey commercial building. The application proposes to construct two (2) additional storeys on top of the existing restaurant.The first floor is to consist of a proposed commercial space and one (1) x 2 bedroom dwelling. The second floor is to consist of two (2) bedroom dwellings. Access to the commercial space is via a stairwell from the restaurant area. Access to the residential units is from the rear of the property via a stairwell from Hampden Street.The application proposes to demolish a small area at the rear of the existing restaurant to allow for parking. Parking is located at the rear of the property off Hampden Street and consists of three residential spaces and one space for the restaurant loading area.


BACKGROUND

23 Nov 04 Application lodged with Council.

3 Dec 04 Application notified for fourteen (14) days. One (1) submission was received.

23 Mar 05 Letter sent to applicant requesting additional information.

10 Jun 05 Amended plans received.

25 Jul 05 Application renotified for fourteen (14) days. One (1) submission received.

6 Sep 05 Fax sent to applicant requiring additional information.

8 Sep 05 Additional information received.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a regular shaped site with a frontage of 12.19 metres to King Georges Road and an area of 562.5sqm. The site is located on the western side of the street. Existing on the site is a single storey commercial building currently being used as a Chinese restaurant.

Adjoining the site to the both the north and south are two (2) storey commercial buildings. Located at the rear of the site are residential flat buildings. The area is both commercial and residential in character.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

Hurstville Local Environmental Plan

The land is zoned 3(c) Business Centre and the proposal is a permissible use in the zone. The proposal is considered to meet the zone objectives.

2. Draft Environmental Planning Instruments

There are no draft Environmental Planning Instruments that affect the site or proposal.

Any other matters prescribed by the Regulations

The existing portion of the building is to be brought into total conformity with the Building Code of Australia.

3. Development Control Plans

DEVELOPMENT CONTROL PLAN NO 12 - BEVERLY HILLS

Beverly Hills DCP ControlProposalComplies
Height4 storeys3 storeysYes
Floor Space Ratio2.0:11.8:1Yes
Minimum Private Open Space15sqm per unitMin 26.22sqmYes
Maximum Depth of Upper Storeys24m from front boundary24mYes
Floor to Ceiling Height2.7m-3mGround floor – 3m
First and Second floor – 2.7m
Yes
BalconiesRecessed 300mm
Minimum depth of 2m
Recessed 350mm
4.593m deep
Yes
Lift ProvisionBuildings two or more storeys in height are to provide a liftNo lift providedNo (1)
Awnings3m above levelUnclear on plansTo be conditioned

(1) Lift Provision

Under Beverly Hills Development Control Plan No 12 all developments with two (2) or more habitable storeys are to make provision for a lift. The application proposes stairwells for access. The applicant has provided the following to justify the non-compliance.

Given that the ground floor and the first floor slab is existing it is unreasonable to request the provision of a lift in this building. Access is available to the commercial unit from a stair well off King Georges Road and access to the residential units is from a stairwell off Hampden Street. Considering that there are only three (3) residential units and one (1) commercial unit on the upper floors, the access provided is satisfactory.

DEVELOPMENT CONTROL PLAN NO 2 - CAR PARKING

Car Parking DCPControlProposedComplies
Residential1 space per residential unit3 spacesYes
Commercial1 per 40sqm GLFA = 2 spaces0 spacesNo (1) S94 contribution to be paid
RestaurantGreater of 15 spaces per 100sqm or 1 per 3 seats0 spaces provided however exemption given as restaurant existingYes
Loading dockLoading dock1 space for loadingYes

(1) Commercial

The proposed development is required to provide three (3) spaces in total for the commercial area. However, exemption has been given for the 70sqm of floor space lost from the ground floor; therefore only two (2) spaces are required. The applicant is unable to provide these spaces on site and has agreed to pay Section 94 Contributions for each deficient space.

DEVELOPMENT CONTROL PLAN NO 18 - CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

DCP No. 18 – CPTED
Standard
Plan
Complies
FencingAllows natural surveillance to No fencing proposed. Building located on front boundary.N/A
Blind CornersTo be avoidedBlind corners are limitedYes
Communal AreasProvide opportunities for natural surveillanceNo communal areasN/A
EntrancesClearly visible and not confusingYesYes
Site and Building Layout- Provide surveillance opportunities
- Building addresses
- Habitable rooms are directed towards the front of the building
- Garages are not dominant
- Offset windows
Commercial space and restaurant overlooks entrance of King Georges Road.
Living spaces of residential units overlook Hampden Street.
Yes
Landscaping- Avoid dense medium height shrubs
- Allow spacing for low growing dense vegetation
- Low ground cover or high canopy trees around car parks and pathways
- Vegetation used as a barrier for unauthorised access
No landscaping proposed.N/A
Lighting- Diffused/movement sensitive lighting provided externally
- Access/egress points illuminated
- No lightspill towards neighbours
- Hiding places illuminated
- Lighting is energy efficient
Details not given.To be conditioned.
Building Identification- Clearly numbered buildings
- Entrances numbered
- Unit numbers provided at entry
Details not given.To be conditioned.
Security- Main entrances to multi-unit development utilise intercom and code/card locks for main entrance/car parkDetails not given.To be conditioned.
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipSatisfactoryYes

4. Impacts

Natural Environment

There is no vegetation currently on the site and no landscaping is proposed due to location of the proposal.

Built Environment

The proposed development is consistent in design with adjoining buildings and the streetscape of King Georges Road.

Potential privacy impacts on adjoining properties are limited to the rear residential flat buildings. However privacy across Hampden Street between the proposal and flat buildings is maintained by the separation between these buildings of over 20m. It is recommended that the rear first floor balcony be reduced in depth to 4.5m which is consistent with the upper floor rear balconies to maintain the separation between the buildings and thus maintain privacy.

Overshadowing impacts on the adjoining properties by the proposed development are limited. The proposal overshadows the property to the south of the development for most of the day however; it is only a party wall with no openings for sunlight. The residential flats at the rear will receive minor overshadowing up until 9am in the morning. These units will receive sunlight for at least eight (8) hours of the day.

Social Impact

The proposed development provides additional housing in the Beverly Hills business centre and provides commercial space for office uses which is compatible with the other uses in the area.

Economic Impact

The proposed development allows for an additional business to be based in Beverly Hills and increases revenue in the economy of the Hurstville area.

A new business in the area may also generate employment.

Suitability of the Site

The size, shape and location of the site is considered suitable for the proposed development.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The proposal was notified for fourteen (14) days on receipt of the application and one (1) objection was received. The application was then renotified on receipt of amended plans and a second objection was received from the original objector.

Objection from Mr M Young from 8/14-16 Hampden Street, Beverly Hills, located to the rear of the site

Overshadowing

The residents in Hampden Street will lose all winter sunlight. They do not receive the minimum three (3) hours required by the Development Control Plan. The Statement of Environmental Effects is inadequate as it does not consider the overshadowing impacts of the proposed building and the shadow diagrams are also inadequate at the only show June shadows and do not show the residential flat buildings fronting Hampden Street.

Comment: As has previously been discussed the shadowing caused by the proposed development is minor. The shadows only ever affect the residents of Hampden Street at 9am and only a very small portion of the 9am shadow actually reaches across the lane. The Statement of Environmental Effects does not need to address overshadowing as it is very clear by the plan submitted that there is minimal impact. The shadow diagram is considered adequate even though it does not depict the residential flat buildings as the shadows only just encroach over the lane and as overshadowing impacts are the worst in June, a single shadow plan for this month is considered adequate for this assessment.

Statement of Environmental Effects

The Statement of Environmental Effects is inadequate as it does not consider:-

Comment:
Site Analysis

The Residential Flat Design Code requires the submission of a site analysis including elevations and sections showing the scale of the development in relation to other developments.

Comment: The Residential Flat Design Code does not apply to this site and as mentioned above a site inspection has been carried during the assessment of this application to assess the bulk and scale of the proposed development in relation to all adjoining buildings.

Residential Amenity of Proposed Units

The residential amenity of the proposed units may be compromised by the existing ventilation system for the restaurant in terms of noise, odours, emissions, smoke and noise. This may cause a non-compliance with the Protection of the Environment Operations Act 1997. Noise measurements of the existing restaurant ventilation equipment should be obtained to determine the impact on the future residents.

Comment: The applicant has stated that the ventilation system is to remain in its existing location and the applicant has submitted a plan showing the location of the existing structures. There is a separation of over 13m between the existing ventilation equipment and the proposed units. This is considered satisfactory to maintain adequate amenity. A condition will be imposed however to ensure compliance with the Protection of the Environment Operations Act 1997 and to ensure noise levels do not exceed the relevant standards.

Non-compliance with DCP 12

The application does not meet the objectives of the Beverly Hills Development Control Plan No 12 and proposes a number of non-compliances to the numerical standards of the code.

Comment: The application has been assessed and is considered to be consistent with all the relevant objectives in the Beverly Hills Development Control Plan No 12. An assessment against the technical standards in the Code has been carried out previously in this report and the proposal is considered satisfactory.

Design

The following design comments are made.
Comment:
Additional Information

The objector has stated that the following additional information should be submitted.
Comment:
Council Referrals

Manager - Development Advice

Council’s Manager - Development Advice has raised no objections to the development subject to conditions.

Building Assessment Officer

Council’s Building Assessment Officer has raised no objections to the development subject to conditions.

Tree Management Officer

Council’s Tree Preservation Officer has raised no objections to the proposal.

Traffic Engineer

Council’s Traffic Engineer has stated that the loading facility is inadequate for large trucks visiting the development. Although the loading facility is not large enough to facilitate large delivery trucks it is large enough to take deliveries by small vans. As such a condition is imposed requiring the deliveries to be made by small vans only.

Manager - Environmental Services

Council’s Manager - Environmental Services has raised no objections to the development subject to conditions.

External Referrals

Roads and Traffic Authority

The RTA have raised no objections to the development and recommended a number of conditions.


6. CONCLUSION

The application proposes to construct two (2) additional storeys consisting of three (3) residential units and one (1) commercial unit above an existing restaurant at 477 King Georges Road, Beverly Hills. The application proposes one variation to the Beverly Hills Development Control Plan however, this has been discussed previously in this report. All issues raised in the submissions have been discussed earlier in this report. The application is recommended for approval.


RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 20040780 for the alterations and additions to existing commercial building on Lot 20-21, DP 3315 and known as 477-479 King Georges Road, Beverly Hills, subject to the attached conditions:

1. Standard conditions for mixed use development

2. The proposed development is to comply with the requirements of the Protection of the Environment Operations Act 1997.

3. All materials and finishes are to be non-reflective. A schedule of materials and finishes is to be submitted to the Principal Certifying Authority prior to the Construction Certificate.

4. The rear first floor balcony is to be reduced in depth to 4.5 metres.

5. The application is to comply with the principles of Crime Prevention Through Environmental Design.

6. The following plans.

Drawing No.Drawing DateDescriptionPrepared By
DA73-A50June 2005Site PlanArtMade
DA73-A10June 2005Ground Floor PlanArtMade
DA73-A20June 2005First and second floor planArtMade
DA73-A40June 2005Elevations and sectionsArtMade
DA73-A30June 2005ElevationArtMade

7. Payment of Section 94 Contributions of:

Open Space
$16,209.00
Community Services
$8,562.00
Management
$631.92
Library – Infrastructure
$4,365.00
Library – Bookstock
$24.66
Car Parking
$42,604.00
8. The proposed development should be designed, such that road traffic noise from King Georges Road, is mitigated by durable materials, in accordance with EPA criteria for new land use developments (The Environmental Criteria for Road Traffic Noise, May 1999). The RTA’s Environmental Noise Management Manual provides practical advice in selecting noise mitigation treatments.

Where the EPA external noise criteria would not practically or reasonably be met, the RTA recommends that Council apply the following internal noise objectives for all habitable rooms under ventilated conditions complying with the requirements of the Building Code of Australia.

* All habitable rooms other than sleeping rooms: 45 dB(A) Leq(15hr) and 40 dB(A) Leq(9hr), and
* Sleeping rooms: 35 dB(A) Leq(9hr).

9. Off-street parking associated with the proposed development (including driveway, aisle widths, aisle lengths, parking bay dimensions and sight distances) should be provided to Council’s satisfaction.

10. The awning in the front of the building must meet RTA minimum setback requirement, which is 600mm from the kerb.

11. For the residential portion of the building the following waste and recycling facilities will be required:-

Domestic Waste – 1 x 240 litre Mobile Garbage Bins (MGB’s)
Domestic Recycling – 1 x 240 litre MGB’s

12. For the commercial portion of the building appropriate waste and recycling containers and facilities will need to be provided for all specific end use businesses in accordance with the following waste generation rates:-

a) Retail Trading – shops, to 100sqm – 0.1-0.2 cubic metres per 100sqm of floor area per day;
b) Restaurants and Food Shops – 0.3-0.6sqm per 100 meals, plus up to 0.15 cubic metres of beverage containers per 100 meals; and,
c) Office – 0.01-0.03 cubic metres per 100sqm of floor area per day.
d) Medical Practice – 0.1-0.2 cubic metres per 100sqm of floor area per day, in addition a clinical waste service must also be obtained.

13. All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins, appropriate for the number of units and intended uses of the building, and is to be located in an area of the building that can be adequately serviced by waste collection vehicles.

14. The Owner’s Corporation shall be responsible for presenting all MGB’s for collection and returning them to the storage area after they have been emptied.

15. All stormwater must drain by gravity to Council’s kerb and gutter in rear lane.

16. Stormwater drainage plans prepared by a qualified practising hydraulics engineer must be submitted to Council with the Construction Certificate application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc, dimensions and types of drainage pits must be shown.

17. Removal and restoration of redundant crossings and footpath - Any existing vehicular crossings rendered unnecessary by this development must be removed and the footpath and normal kerbing must be restored at the developer's expense prior to the issue of an Occupation Certificate.
a) Construct a 150mm thick concrete vehicle crossing and footpath reinforced with F72 mesh for the full frontage of the site in the rear lane. This footpath shall be constructed from the rear of the kerb, full width incorporating the 2m road widening to the new rear boundary of the site. Levels of the new vehicle crossing/footpath shall be obtained from Council’s Engineer.
b) Construct a new layback and gutter to Council Engineer’s specifications for the full frontage of the site in the rear lane.
c) Replace all redundant laybacks with kerb and gutter.
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

18. The developer must dedicate to Council the 2 metre strip of land in the rear lane as road widening. This dedication must be registered prior to the issued of any Occupation Certificate or dedicated on any plan of subdivision of the subject site prior to the determination of a Subdivision Certificate with a separate application be subdivision being lodged with Council. Any encroachments by the subject site upon the new dedicated road area shall be removed prior to the release of any linen plan from Council.

19. Pursuant to Clause 93 and 94 of the Environmental Planning and Assessment Regulation 2000, the existing building and proposed addition must be bought into total conformity with the Building Code of Australia. In this regard, Construction Plans that demonstrate compliance with the Building Code of Australia must be submitted to the Principal Certifying Authority.

20. Access for persons with disabilities must be maintained to and throughout the ground floor commercial area in accordance with the requirements of the Building Code of Australia and AS 1428.1.

21. The Construction Certificate application must be accompanied by the following plans with details prepared and certified by an appropriately qualified person demonstrating compliance with the Building Code of Australia.

* Fire fighting equipment including hydrants, hose reels, sprinklers and portable fire extinguishers.
* Smoke hazard management system.
* Emergency lights, exit signs and warning systems.
* Access facilities for people with disabilities.
* Sound transmission and installation details.
* Fire resistance levels of all building elements.
* Treatment process of wet areas.
* Construction of sanitary facilities.
* Sound transmission and installation between occupancies.
* The method of protection of openings required by Part C3.2 of the Building Code of Australia.

22. All deliveries to the premises are to be made only by small vans.

23. No loading is to be carried out from Hampden Street. All loading is to be carried out from the loading dock.

24. Screened clothes drying areas are to be provided on the balcony of each residential unit. Details are to be submitted to the Principal Certifier with the Construction Certificate application.

* * * * *

APPENDIX



COMMITTEE'S DECISION


THAT the application be deferred for Councillors' briefing, site inspection and report.
(Moved Clr C Hindi/Seconded Clr J Morris)

Meeting Date: 05/10/2005


DAC026.05 - 05

1 VICTORIA AVENUE, PENSHURST - FOUR STOREY MIXED
RETAIL AND RESIDENTIAL DEVELOPMENT WITH ASSOCIATED
PARKING

APPLICANT

MTX Projects

PROPOSAL

Four storey mixed retail and residential development with
associated parking

ZONING

Zone 3(c) - Business Centre

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, SEPP No 65 -
Design for Residential Flat Buildings, Development Control Plan
No 2 - Car Parking, Development Control Plan No 17 - Neighbour Notification, Development Control Plan No 18 - Crime Prevention Through Environmental Design, Development Control Plan No 19 - Access and Mobility, Development Control Plan No 22 - Energy Efficiency

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

Penshurst Estate Developments Pty Ltd

EXISTING DEVELOPMENT

Two storey building operating as an auto repairs workshop

COST OF DEVELOPMENT

$4,000,000.00

REASON FOR REFERRAL TO COUNCIL

Existing use rights and objections received

REPORT AUTHORS

Senior Town Planner, Ms T Christy

FILE NO

DA 20040797


EXECUTIVE SUMMARY


1. The proposal is for a four (4) storey building comprising of one (1) retail shop, twenty (20) residential units and one-and-a-half levels of basement parking.

2. The proposal has been amended a number of times, with the latest amendment involving a reduction in the number of residential units and a reduction in the height of the building at the rear of the site.

3. The site enjoys existing use rights and as such does not comply with Council’s Local Environmental Plan in relation to maximum overall FSR for the development.

4. The application has been placed on public exhibition twice. Originally two (2) objections and one (1) letter of support were received, however, none were received for the latest amended plans.


RECOMMENDATION


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

___________________________________________________________________________

REPORT DETAIL


DESCRIPTION OF THE PROPOSAL

The application seeks approval for the construction of a four (4) storey mixed retail and residential development with associated basement parking.

The apartments are a mixture of single storey and two storey cross-overs. The total number proposed is twenty (20) units, being eight (8) x 1 bedroom units and twelve (12) x 2 bedroom units. Each dwelling will have its own internal laundry and private open space fronting north, with the ground floor units having private courtyards.

The retail tenancy is proposed to front Victoria Avenue, with pedestrian access to the residential units off Victoria Avenue along the north eastern side boundary. Deep soil planting will be provided along this north eastern boundary and an “urban stream” is proposed to add to the visual amenity of the site.

Vehicular access to the basement parking will be from Penshurst Lane to the south of the site, to improve the visual amenity to Victoria Avenue and reduce the conflict between cars and pedestrians given the close proximity to the business centre and nearby schools. A total of thirty one (31) car spaces is proposed being, twenty three (23) residential, six (6) visitor, and two (2) retail spaces.


BACKGROUND

Feb 04 Pre-lodgement application submitted with the Design Review Panel for a three (3) building configuration on the site, consisting of twenty (20) x 2 bedroom residential units.

The Panel advised that this was unacceptable, as it had poor pedestrian circulation throughout the site, and poor sunlight and amenity for the units.

Jun 04 Second pre-lodgement application submitted to the Design Review Panel for two (2) residential flat buildings consisting of eighteen (18) x 2 bedroom units in a part 4/part 5 storey development, with retail at the front and parking at the rear at ground level.

The Panel advised that parking should be below ground, Council could consider relaxing the requirement for on-street parking for the retail given the site constraints, the applicant should explore alternative planning strategies including a townhouse form running from the front of the block to the back where it could change to an apartment form.

1 Dec 04 Application was lodged with Council. This consisted of a part 4/part 5 storey building with twenty five (25) residential units. Proposed parking did not comply and Council Officers had concerns regarding the height of the building and the traffic impact on the laneway and intersection between Penshurst Lane, Penshurst Street and Bridge Street.

17 Dec 04 - 7 Jan 05 Application placed on public exhibition. Three (3) submissions were received. One (1) in favour and two (2) objections.

Feb 05 Issues raised with the applicant which need to be addressed.

Mar 05 Application for 25 units and part 4/part 5 storey building referred to the Design Review Panel. The Panel recommended approval, subject to minor changes and “considers the scheme to be very good and a vast improvement on the previous scheme.”

May 05 Applicant advised to amend the application by reducing the height to four (4) storeys, reducing the number of units, providing a 1-way vehicular access throughout the site and increasing the aisle width.

Jul 05 Amended plans received whereby the height is reduced to four (4) storeys and the number of units is reduced to twenty (20) overall. The applicant provided advice as to why a 1-way system would not work.

13 – 27 Jul 05 Amended application placed on public exhibition. No objections were received.


DESCRIPTION OF THE SITE AND LOCALITY

The site is an irregular shaped battleaxe allotment with a frontage of 15.3m to Victoria Avenue and 5.5m to Penshurst Lane at the rear, with the full rear width being approximately 25.5m wide. The total site area is 1080sqm. The subject site is located to the west of Penshurst Street and is on the southern side of Victoria Avenue. The site has a gradient, falling approximately 2.1m from south down to north and approximately 1.24m west down to east, with the north east corner (facing Victoria Avenue) being the lowest point.

The existing use is part masonry, part metal cladding two (2) storeys in height which steps down to a single storey fronting Penshurst Lane. The building currently operates as an auto repairs workshop, providing motor vehicle repairs, an inspection station and panel beating and spray painting uses. This building has a nil setback to Victoria Avenue with a 100% coverage of the site, with no landscaping.

The property adjoining the subject site to the west comprises a masonry four (4) storey residential flat building. Three (3) to four (4) storey residential flat buildings with pitched roofs predominate along the southern side of Victoria Avenue to the west of the site, many having ground level parking. The property to the east is the Penshurst Hotel. Properties to the south of the site accommodate light industrial uses fronting onto Penshurst Lane.

The development on the adjoining side of Victoria Avenue is a mixture of three (3) and four (4) storey residential flat buildings. Penshurst Street has a mixture of single and two storey retail/commercial buildings; with approval for four (4) storey mixed retail/residential.


COMPLIANCE AND ASSESSMENT

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

Existing Use Rights

The subject property is currently zoned 3(c) Business Centre Zone under the Hurstville Local Environmental Plan 1994 (amended). This current zoning prohibits “automotive uses” and “panel beating workshops”.

However, the existing motor vehicle repair, inspection station and panel beating and spray painting uses operating on the site were approved by Council on 12 September 1989 (DA 19890470) and 18 August 1992 (DA 19920329). The applicant has provided details showing that similar uses and even a possible service station have existed on the site as far back as 1970.

Therefore, the site enjoys “existing use rights” and as such the proposal does not have to comply with Council’s Local Environmental Plan provisions. A merit-based assessment must be undertaken.

Council has prepared a Draft Local Environmental Plan - Amendment No 59 which provides a list of sites with existing uses. The aim of this is to allow development for certain purposes to be carried out on the various parcels of land to which this plan applies. No 1 Victoria Avenue, Penshurst has been identified as automotive use. This Draft Local Environmental Plan was placed on public exhibition for a period of thirty five (35) days over December 2004 – January 2005. Council has approved the amendment and is awaiting Department of Planning's response.

Land and Environment Court Principles

The following has been raised in the Land and Environment Court Principles in relation to “Existing Use Rights”.

Four (4) questions usually arise in the assessment of existing use rights developments, namely:
Planning Comment

Height – the subject site has no specific height provisions under any Environmental Planning Instruments. The surrounding area is predominantly three (3) and four (4) storey residential flat buildings with Penshurst Street having some approvals granted for four (4) storey buildings. Therefore, the height is considered consistent with the surrounding development.

Floor Space Ratio – Hurstville Local Environmental Plan 1994 provides a maximum FSR of 1.5:1 for the site with the maximum FSR for the exclusively non-residential portion being 1:1. The amended proposal provides for a total FSR of 1.59:1, being a gross floor area of 1,718.3sqm.

Setbacks – The current provisions allow a nil setback to all boundaries. The proposal provides for a mixture of setbacks, with the basement being a nil setback and the buildings varying. This is consistent with the provisions of the current zone.

Planning Comment

The proposal is for a new building on the site similar in use and height as the surrounding residential and mixed use buildings. Therefore, the existing building bears no relevance to the existing use rights.

Planning Comment

The impact of the proposal on the adjoining development is considered acceptable given the zoning of the site and that the proposal is more consistent with that zoning than the current use.

The residential flat building adjoining to the west is built to the common boundary, hence the issue of overshadowing onto the adjoining west residential flat buildings is a difficult one to avoid on this site, especially given the site’s narrow width. The windows of the adjoining Residential Flat Building are orientated away from the subject site. The current building has some impact on the adjoining residential flat building (3 Penshurst Street) however the current building is only two (2) and single storeys in nature.

The proposal results in some overshadowing to 3 and 3a-3b Victoria Avenue, however, by 12 noon during the winter solstice, 3a-3b Victoria Avenue is marginally affected. This is considered acceptable.

Noise - The proposal is not considered to have any noise impact on the adjoining residents. The applicant has submitted an acoustic report which deals with the noise impact on the adjoining residents. It also provides details, if the application is approved, so that the adjoining hotel use does not impact on the future residents of this site.

Planning Comment

The internal amenity of the development is considered good. This is discussed in detail further in this report in the section dealing with SEPP 65, however the orientation of the units allows for great sunlight and ventilation. Also, the current design allows for great passive surveillance into the common areas and for clear definition between private and common land. This can continue into the basement area, with the imposition of a security gate separating the residential parking from the visitor and retail parking.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is zoned 3(c) Business Centre Zone and is a permissible use in the zone.

Clause 13 - Floor Space Ratios

This has already been discussed in this report.

Clause 15A – Height Restrictions in certain Business Zones

This has already been discussed in this report.

Clause 33 – Development in the vicinity of a heritage item

The proposal is not a heritage item however is located in the vicinity of the former Penshurst Post Office at 27 Penshurst Street which fronts Penshurst Street to the east of the subject site and that is a heritage item under the provisions of Council’s Local Environmental Plan 1994.

The existing building does not contribute to the aesthetic significance of the heritage site. The proposal is also not considered to impact or detract from this building as there is quite a setback between the proposal and the existing rear portion of the building. The proposed colours and materials are sympathetic to the surrounding development without detracting from them. Also, given that currently the main view of the heritage building is from Penshurst Street, the proposal being located behind the building, will not alter this.

SEPP 65 – DESIGN GUIDELINES FOR RESIDENTIAL FLAT BUILDINGS

Plans for this site have gone to the Design Review Panel three (3) times, with the last time being for the original plans submitted to Council with this DA. (The first two (2) submissions to the Design Review Panel were for pre-lodgement schemes.)

The following comments were received in relation to the first set of plans which were for a part 4/part 5 storey building and twenty five (25) units where the FSR was higher than in the scheme before Council.

Given the very positive response from the Panel, when the fifth floor of the rear part of the building was deleted and the number of units was deleted, it was not necessary to refer the plans back to the Panel as it was a reduction from the ones they had already commented on, and could only be seen as an improvement.
Planning Comment

The resultant proposal is considered to be a good planning design for a very difficult site. A number of schemes came before Council Officers prior to any application being submitted, and the final outcome appears to be one where the applicant has taken on board comments made from the Panel in relation to the design and has amended the scheme accordingly. It is suggested that the application, if approved should be imposed with a condition which requires the top floor units, where possible, to provide natural ventilation to the bathrooms.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment. The proposal, including the disposal of stormwater, is consistent with Council’s requirements for the disposal of stormwater in the catchment.

2. Draft Environmental Planning Instruments

Draft Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

The proposal meets the objectives of the Draft Plan.

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal. The applicant will also need to comply with the relevant WorkCover authority requirements in relation to the removal of asbestos, if required.

3. Development Control Plans

Development Control Plan No 2 – Car Parking

RequiredProposedComplies
Retail premises 6/100sqm – req’s 22 space proposedYes
Residential
1/ 1 or 2 bed unit – req’s 20 spaces in total
23 spaces proposedYes
Visitor 1 /4 units – req’s 56 spaces proposedYes

As can be seen from this proposal, the number of parking spaces proposed exceeds Council’s requirements by four (4) spaces. This allows for minor configurations in the parking and possible aisle widths if required at the construction certificate stage.

Development Control Plan No 18 – Crime Prevention Through Environmental Design

DCP No. 18 – CPTED
Standard
Plan
Complies
FencingAllows natural surveillance to streetNo fencing is proposed along the majority of the street front due to the location of the retail shop. The design of the units and retail space allows natural surveillance to the street.Yes
Blind CornersTo be avoidedThe building does not propose any blind corners. The entrance to the building is clearly visible from the street and the units. Yes
Communal AreasProvide opportunities for natural surveillanceNatural surveillance occurs to both the street and the raised terrace adjoining the retail shop.Yes
EntrancesClearly visible and not confusingClearly visible from Victoria Avenue.Yes
Site and Building Layout- Provide surveillance opportunities
- Building addresses street
- Habitable rooms are directed towards the front of the building
- Garages are not dominant
- Offset windows
The building provides good passive surveillance from all levels. The habitable rooms and a balcony are directed to the front. The proposal will increase the surveillance and will activate the street frontage with an open retail street façade. Yes
Landscaping- Avoid dense medium height shrubs
- Allow spacing for low growing dense vegetation
- Low ground cover or high canopy trees around car parks and pathways
- Vegetation used as a barrier for unauthorised access
The landscaping proposed along the north eastern elevation acts as a screen to the adjoining premises and a visual screen from the street. A variety of ground cover and large tree planting is proposed.Yes
Lighting- Diffused/movement sensitive lighting provided externally
- Access/egress points illuminated
- No light spill towards neighbours
- Hiding places illuminated
- Lighting is energy efficient
No details were provided at this stage.This can be conditioned to comply.
Building Identification- Clearly numbered buildings
- Entrances numbered
- Unit numbers provided at entry
No numbering details were provided at this stage. The building has a clear entry from the street.This can be conditioned to comply.
Security- Main entrances to multi-unit development utilise intercom and code/card locks for main entrance/car parkNo details were provided at this stage. This can be conditioned to comply.
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipThe use of colour and finishes will clearly separate the public commercial space from the residential units.Yes.

Development Control Plan No 17 – Neighbour Notification and Advertising of Development Applications

Adjoining residents were notified of this proposal and the subsequent amendments in accordance with the provisions of Council’s Development Control Plan No 17.

Development Control Plan No 19 – Access and Mobility

This Development Control Plan requires one (1) unit to be provided as an adaptable unit, where there are eight (8) or more units. As such, this proposal requires three (3) adaptable units. The applicant has nominated Units 10, 11 and 12 as adaptable units. These are located on Level 1 at the rear portion of the site, and can all achieve disabled access from both the Victoria Street access and the basement, via the lift.

One (1) car space is also required to be provided as a “disabled” space, whereby the size is greater to accommodate the needs of a wheelchair bound person. The proposal has nominated a disabled space as the residential space No 11 on the plans. Given that there are three (3) adaptable units, it is considered appropriate that three (3) residential spaces be designated as disabled and provide the additional widths as required, especially since the proposed basement has excess parking. This can be conditioned in the consent.

Development Control Plan No 22 – Energy Efficiency

The building has been designed to maximise exposure to solar access for the majority of apartments and allows optimisation of energy efficiency through cross ventilation and natural sunlight where possible. It is believed that the proposal complies with the objectives of this Development Control Plan, with 90% of the proposed units designed with their living and private open spaces orientated north-east. All of the proposed units achieve the minimum 3.5 star rating for NatHERS, with some achieving greater.

4. Impacts

Natural Environment

The proposed development is considered unlikely to result in any adverse effects in the locality in terms of water or air quality. Appropriate measures are to be taken in respect of stormwater run-off and dust from excavation activity.

The proposed development is considered to be in character of the natural topography and size of the site, and the adjoining development pattern in the area. There is no significant vegetation on the site which this proposal will impact on, nor on the immediate area.

Hence the proposal is considered acceptable in this regard.

Built Environment

Character

The proposal is considered to be in character with the surrounding development in that it is four (4) storey mixed retail/residential, which is typical of the immediate surrounding area. The site is the last of the Business Centre Zone along Victoria Street and adjoins residential zone. Hence it is fitting that the site acts as a buffer between the adjoining Penshurst Street mixed retail/commercial and the adjoining residential by providing a mixture of retail and residential.

The design of the retail shop at the Victoria Street frontage takes full advantage of a narrow frontage and allows the site to increase the activity on that street by the provision of an open terraced area fronting towards the adjoining hotel and away from the residential. If a driveway was proposed along this frontage, it would have to be a minimum of 3m wide, which, combined with the required fire egress from the building and desired pedestrian access to the units; would result in a very poor street elevation to Victoria Avenue. This proposal addresses the Victoria Street entrance without detracting from the adjoining residential. The external finishes are also similar with the surrounding.

Privacy

The units are orientated east-west with all, but two (2), having their living areas face the adjoining hotel and not towards adjoining residential flats. Those two (2) units that do face towards the adjoining residential flats (No’s 3a – 3b Penshurst Street, Penshurst) are setback 2m (for the balconies) from the common boundary, looking into the rear yard of that site. The balconies are approximately 8m from the closest corner of the adjoining residential flat building as they are offset behind that building. They will have little privacy impacts on to the adjoining residents. Hence, the proposal is considered to have addressed privacy very well.

Solar Access

All units within the development, with the exception of the two (2) west facing units at the rear, will receive the minimum 3 hours of sunlight between 9am and 3pm during the winter solstice. This is considered acceptable, given the size of the site and the number of units proposed.

The adjoining sites to the rear affected by overshadowing are industrial sites and are considered to be appropriate given the surrounding zone and uses on those sites.

Social Impact

Security

The proposal has indicated that entry to all units will be controlled by a secure entry off Victoria Avenue which will negate the entry of unauthorised users. However, this does not address the issue of retail users parking in the basement and gaining access to the middle of the site from the lift. It is suggested that the lift also be provided with secure access to the residential units and the courtyard gates for the ground floor units as well. Also, should the application be approved, it is suggested that a security gate be provided in the basement to separate the residential spaces from the visitor and retail.

Appropriate location

The proposal is within close proximity to public transport which will service both the retail and residential uses of the site. The use is compatible with the immediate area as it is located on the fringe of both retail and residential zones. This is appropriate with the zoning and the surrounding uses. The design allows for passive surveillance of the street both during the working hours and outside of those hours.

Some concern was raised as to the close proximity of the development to existing noise sources, such as the hotel and a car smash repair workshop in Penshurst Lane. The applicant has submitted an acoustic report prepared by Acoustic Studio, dated August 2004, which states that the proposal will not impact on the adjoining premises and neither will the adjoining premises impact on the proposal, provided certain criteria are followed. If the application is approved, this will be conditioned accordingly.

Displacement of people

The site is currently an industrial use as an automotive car place, so no displacement of people will occur with this development.

Economic Impact

The proposal is not considered to have any adverse economic effects in the locality in that it will replace an existing car repair station with a retail premises and twenty (20) residential units. In fact, it will bring more income into this section of the Penshurst Town Centre.

A loss of views may be experienced, given that the current development on the site is single storey, however this is not considered out of context with the existing development in the street given that it varies from three to four storeys.

Suitability of the Site

Size, shape, topography

The site is considered appropriate for the development in that it is situated on the fringe of both Penshurst Business Centre and the residential zone. It allows for a gradual transition of both zones, which the proposal achieves. The site is not affected by bushfire, acid sulfate soils, flooding, or any other constraints. The following services of electricity, telephone, water and sewerage are readily available to the site.

Contamination

A Preliminary Geotechnical Investigation and a Phase 2 Contamination Assessment have been prepared for the site by Douglas Partners, dated June 2003 and November 2003, respectively. These indicated the potential sources of contamination on the site included the use of the site as an automotive repair facility and Underground Storage Tanks (UST’s) structures identified onsite and the use of filling.

These reports concluded: “Given the proposed residential apartment development, it is considered that the subject site is suitable for the intended site development work, subject to the successful removal of the UST and subsequent validation of the tank pit areas and stockpiled materials.” This will be conditioned accordingly, if approval is granted.

Traffic Generation

Some concern has been raised in relation to all vehicular access being into and out of Penshurst Lane and the impact this will have on the intersection of Penshurst Street, Penshurst Lane, Bridge Street and The Strand.

Council’s Traffic Engineer has stated that they would prefer access and egress from Victoria Street so that this does not impact on the intersection mentioned above. That intersection is considered to be confusing, and the additional daily trips generated from this development will “pose potential safety concerns at that intersection.” The additional traffic will amount to:

The applicant submitted a traffic report prepared by Traffix Traffic and Transport Planners, dated August 2004 which concluded:

During the process of the application, the applicant did look into alternative options, such as a 1-way system through the site. The architect advised that this system would not allow for the separation of the residential parking from the visitor and retail spaces, which can be achieved under the proposed scheme.

Further, the applicant’s traffic consultant provided the following advice.

The applicant’s traffic consultant submitted further letters of support of the amended proposal, once the number of units was deleted. This stated:

Planning comment

The proposed streetscape to Victoria Avenue is a much better scheme without a driveway dissecting it, especially given the narrow width of the site and the requirement for access to units and fire egress from those units.

It is appreciated that the use of Penshurst Lane is not the best scenario for both ingress and egress, however, given the constraints of the site and its location, the little reduction in traffic along Penshurst Lane that would result if a one-way system was used on the site, and the fact that the proposal complies with the Australian Standards; it is not considered sufficient enough reason to warrant a refusal. The applicant has sincerely looked into other options for the site, and this is considered the best alternative with this scheme, from a planning point of view.

Services

The site currently has utility services available to the site, and it is foreseen that this will continue.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Two (2) letters of objection and one (1) in support were received in relation to the original application and none were received for the amended plans. Below is a summary of the concerns raised:1. Objection from 2/13 Victoria Avenue Penshurst, located to the west of the site

Height

All the units in the area are only 3 storeys high.

Comment: This is incorrect as the units vary from 3 to 4 storeys in height.

Traffic

Long delays in traffic in Victoria Avenue already exist. This will add to the congestion.

Comment: The proposal does not involve any access or egress from Victoria Avenue, so the impact from this development on Victoria Avenue will not be increased too much.

Parking

Insufficient on site parking.

Comment: The proposal complies with Council’s controls under the provisions of Development Control Plan No 2 – Car Parking.

Safety of Children

Increase in traffic will impact on the safety of children.

Comment: It is not believed that this development will impact greatly on the safety of children, provided the children keep to the paths and raised thresholds when crossing the streets. All access off the laneway will actually reduce the conflict between cars and children using Victoria Avenue.

2. Objection from owner of 17 Penshurst Street, located to the west of the site.

Laneway

The laneway is of insufficient size to accommodate the additional cars and garbage trucks.

Comment: The applicant has submitted details advising that the laneway can accommodate the additional cars. Currently, garbage trucks frequent the laneway to service the industrial units. Council’s Traffic Engineer has raised some concerns regarding the laneway which have been presented in this report.

Council Referrals Manager - Development Advice

No objections were raised provided standard conditions of consent are imposed for drainage and driveway crossings and paths. Also, the existence of the Council stormwater pipeline shall be investigated by the developer to determine its location and level prior to the issue of any Construction Certificate. The design floor level and basement entry level shall be set above the level of the overland flow of stormwater generated by a storm flowing along the overland escape route along Penshurst Lane and the properties adjoining to the north. A method to protect the basement from inundation of water in a 1:100 year storm shall be provided.

Building Assessment Officer

No objections were raised with the proposal provided the standard conditions for residential flat buildings and retail development are imposed. Also additional conditions were imposed regarding access for persons with disabilities and specific Building Code of Australia information to be submitted with the Construction Certificate.

Tree Management Officer

No significant trees were reported on the property and no objections were raised in relation to the proposal.

Manager - Environmental Services

The Manager - Environmental Services states “the location of the proposed waste storage area is situated in Basement Level 1 adjacent to a ramp that accesses onto Penshurst Street.” This may be satisfactory however further details in relation to servicing the premises in terms of waste disposal provisions will be requires. As the Statement of Environmental Effects does not in any way address waste management issues, a Waste Management Plan should be submitted to Council incorporating all requirements in respect of the provision of these Waste Storage Facilities.

However, if approved, specific conditions of consent can be imposed which will overcome these issues.

Traffic Engineer

The following is a summary of the concerns raised by council’s Traffic Engineer:

Planning comment: The aisle width does achieve this for all areas where the parking is adjacent, the one exception is not adjacent to parking and could be argued to comply.
Planning comment: The driveway could be widened to 5.5m to achieve this as the site frontage to Penshurst Lane is 5.5m wide.
Planning comment: Given the small size of the retail shop, being only 33sqm, it is not envisaged that a loading facility is really necessary for this site. The shop can use the front of the site at designated times without impacting on the amenity of the adjoining area. Therefore, it is not considered that this is required.
External Referrals

Urban Design Review Panel

This has been discussed previously in this report.

Hurstville Traffic Advisory Committee

The proposal was referred to the Hurstville Traffic Advisory Committee which recommended:


6. CONCLUSION

The latest amended version of this proposal is the result of a long negotiation between the applicant and Council and a number of varied designs.

The site is a difficult site, particularly due to its narrow nature.

The proposal before Council is considered to be a good design for the site, taking into account traffic concerns, streetscape, and adjoining uses. The site currently enjoys existing use rights, and yet the applicant has tried to comply with all controls which would normally govern the site. The one exception is floor space ratio, where the proposal is only marginally over.

Therefore, it is recommended that the proposal be approved in its current form.


RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 20040797 for the construction of a four storey mixed retail/residential development consisting of 20 residential units with basement parking on Lot 30 Sec 2 DP 1399 and Lot Y DP 398543 and known as 1 Victoria Avenue, Penshurst, subject to the attached conditions:

1. Standard conditions for mixed retail/residential developments.

2. The following plans:

Plan No.Date DescriptionPrepared by
DA01Revised July 2005Site planNicholas Back Architects
DA10Revised July 2005Basement plansNicholas Back Architects
DA11Revised July 2005Ground floor planNicholas Back Architects
DA12Revised July 2005Level 1 floor planNicholas Back Architects
DA13Revised July 2005Level 2 floor planNicholas Back Architects
DA14Revised July 2005Level 3 floor planNicholas Back Architects
DA15Revised July 2005Roof planNicholas Back Architects
DA20Revised July 2005ElevationsNicholas Back Architects
DA21Revised July 2005ElevationsNicholas Back Architects
DA25Revised July 2005SectionsNicholas Back Architects

3. Payment of Section 94 Contribution fees of:

Open Space
$99,412.00
Community Service and Facilities
$48,248.00
Management
$3,560.08
Library – Infrastructure
$24,588.00
Library – Bookstock
$139.04

4. A security gate separating the residential parking from the visitor and retail parking is to be provided in the basement. Details are to be submitted with the Construction Certificate.

5. The lift is to be provided with secure access to the residential units, and the courtyard gates for each ground floor unit is to be a key or similarly controlled secure access. Details of this are to be provided with the Construction Certificate.

6. The top floor units, where possible, are to provide natural ventilation to the bathrooms. Details are to be submitted with the Construction Certificate.

7. The proposal must comply with the provisions of Development Control Plan No 18 – Crime Prevention Through Environmental Design, with particular reference to the issues of:

8. A total of three (3) designated disabled car spaces are to be provided and these are to be linked to the adaptable Units, such that each unit has one space each, on any future strata plan or subdivision. Details of the three are to be submitted with the Construction Certificate.

9. The required parking spaces are to comply with Council’s minimum dimensions. Details are to be provided with the Construction Certificate.

10. The driveway width to Penshurst Lane is to be widened to 5.5m. Details are to be submitted with the Construction Certificate.

11. The site is to be remediated and subsequent validation reports submitted in accordance with the Preliminary Geotechnical Investigation and the Report on Phase 2 contamination Assessment, dated June 2003 and November 2003 respectively, prepared by Douglas Partners. The validation reports are to be submitted to the Certifying Authority prior to Occupation Certificate being granted for any part of the development.

12. All recommendations outlined in the Acoustic Report dated August 2004 and prepared by Acoustic Studio are to be complied with, particularly the sound insulation requirements of the Building Code of Australia referred to in Section 8: Conclusion. Details are to be submitted with the Construction Certificate.

13. For the residential portion of the building the following waste and recycling facilities will be required:-

Domestic waste 3 x 240 litre Mobile Garbage Bins (MGB’s)
Domestic recycling 4 x 240 litre MGB’s

14. For the commercial portion of the building appropriate waste and recycling containers and facilities will need to be provided for all specific end use business in accordance with the following waste generation rates.

a) Retail trading – shops to 100sqm – 0.1-0.2 cubic metres per 100sqm of floor area per day.
b) Restaurants and Food Shops – 0.3-0.6sqm per 100 meals plus up to 0.15 cubic metres of beverage containers per 100 meals.
c) Office – 0.01-0.03 cubic metres per 100sqm of floor area per day.

15. All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins, appropriate for the number of units and intended uses of the building, and is to be located in an area of the building that can be adequately serviced by waste collection vehicles.

16. A Waste Management Plan must be submitted to Council incorporating all requirements in respect of the provision of these waste storage facilities prior to the issue of any Construction Certificate.

17. The Owners Corporation shall be responsible for presenting all MGB’s for collection and returning them to the storage area after they have been emptied.

18. Prior to the commencement of work in connection with the excavation of the site associated with the basement car park level, structural engineer’s details relating to the method of supporting Council’s roadways/footways and the buildings on the adjoining allotments must be submitted to Council and be approved by Council.

19. Access for persons with disabilities must be provided to all retail areas and to residential sole occupancy units in accordance with the requirements of the Building Code of Australia, AS 1428.1 and with Council’s Development Control Plan No 19 – Access and Mobility. Details must be submitted with the Construction Certificate application.

20. The Construction Certificate application must be accompanied by the following plans with details prepared and certified by an appropriately qualified person demonstrating compliance with the Building Code of Australia.

20. The underground basement car park must pump to, and all other stormwater must drain by gravity to Council’s kerb and gutter to the top level of the Council stormwater pipe indicated on the Concept Stormwater Layout drawing number A.0429DA01. The existence of this pipeline shall be investigated by the developer to determine its location and level prior to the issue of any Construction Certificate.

21. The design floor level and basement entry level shall be set above the level of the overland flow of stormwater generated by a storm of ARI of 1:100 years flowing along the overland escape route along Penshurst Lane and the properties adjoining the site to the north.

22. A full width surface inlet grated drain shall be provided across the basement entrance.

23. Removal and restoration of redundant crossings and footpath - Any existing vehicular crossings rendered unnecessary by this development must be removed and the footpath and normal kerbing must be restored at the developer's expense prior to the issue of an Occupation Certificate.

* * * * *

APPENDIX



COMMITTEE'S DECISION


THAT the application be approved in accordance with the conditions included in the report, and inclusion of the following:-

B. THAT Council accept the applicant's verbal offer to contribute a bond towards the upgrading, by way of traffic management devices, of the intersection of Penshurst Lane and Penshurst Street, that may be required as a result of the development. The applicant is to confirm this offer in writing in the form of a Bank Guarantee for the amount of $80,000. The Bank Guarantee is to be lodged with Council prior to the issue of the Construction Certificate and will be held for a period of six months after the issue of the occupation certificate. Should such traffic management devices not be required, then the Bank Guarantee is to be released in full.

C. THAT prior to release of the Bank Guarantee, a report be prepared by Council's Traffic Engineer and submitted to the Traffic Committee.
(Moved Clr S McMahon/Seconded Clr C Minns)

Meeting Date: 05/10/2005


DAC027.01 - 05

292-298 FOREST ROAD, HURSTVILLE - MIXED COMMERCIAL/RETAIL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING

APPLICANT

SAS Trustee Corporation and PT Limited

PROPOSAL

Mixed commercial/retail and residential development with
basement parking

ZONING

Zone 3(b) - City Centre Business

APPLICABLE PLANNING INSTRUMENT/S

Hurstville Local Environmental Plan 1994, SEPP No 11 -
Traffic Generating Developments, SEPP No 65 - Design Quality
of Residential Flat Development, Draft SEPP No 66 - Integrating
Land Use and Transport, Development Control Plan No 4 -
Neighbour Notification and Advertising of Development Proposals, Development Control Plan No 18 - Crime Prevention Through Environmental Design, Development Control Plan No 19 - Access
and Mobility, Development Control Plan No 22 - Energy Efficiency

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE


OWNERS

SAS Trustee Corporation and PT Limited

EXISTING DEVELOPMENT

'Bag-a-Bargain' discount variety store

COST OF DEVELOPMENT

$7,900,000.00

REASON FOR REFERRAL TO COUNCIL

Scale of development and one objection

REPORT AUTHORS

Manager - Development Assessment, Mr P Thomas and
Senior Town Planner, Ms T Christy

FILE NO

DA 20040336


EXECUTIVE SUMMARY


1. The proposal before Council is for the construction a part 8/part 2 storey mixed retail/commercial/residential building with basement parking for 92 vehicles. The residential units comprise of 18 x 1 beds, 15 x 2 beds, and 4 x 3 beds (total 37 dwellings).

2. The proposal before Council has been amended, in that the overall floor space ratio (FSR) for the site has been reduced. The revised FSR is 4.22:1.

3. The proposal generally complies with the relevant SEPP’s and DCP’s.

4. The application was considered at the September Development Assessment Committee and deferred for a Councillor briefing.

5. The briefing took place on 12 September 2005.


RECOMMENDATION


THAT the application be granted a deferred commencement consent in accordance with the conditions included in the report.

___________________________________________________________________________

REPORT DETAIL


BACKGROUND

The application was considered at the September Development Assessment Committee and deferred for a Councillor briefing. The briefing took place on 12 September 2005.


For the information of Councillors the original report is attached.

"DESCRIPTION OF THE PROPOSAL

The application seeks approval for the construction of a part 8/part 2 storey building with basement parking. The two storey component faces Forest Road and the eight storey component faces Crofts Avenue and extends towards the centre of the site. As it has frontages to three (3) streets, these elevations have good articulation, and the eastern elevation is a blank wall abutting the common boundary.

The ground floor is to consist of eight (8) retail shops, three (3) fronting Forest Road, four (4) fronting Diment Way, and one (1) on the corner of Diment Way and Crofts Ave fronting into the corner. Associated lifts, plant rooms, lobby and stairs are also located on the ground floor.

The first floor (second level) is an office level, with three (3) offices proposed, varying in floor space from 310sqm, 348.1sqm and 356.9sqm. Also, a small meeting room, 28sqm in size, is proposed. All amenities, plants, etc, are situated along the blank eastern elevation. Two small terraces are proposed, one facing Diment Way, and one facing Crofts Avenue. A glazed awning is proposed along the extent of the Diment Way and Forest Road frontages.

Floors 2, 3, 4, 5, 6 and 7 are residential floors with a variety of one bedroom, two bedroom and three bedroom units on them. Floor 2 (ie level 3) also proposes a landscaped roof terrace which faces Forest Road and part of Diment Way. The top level is largely setback from the roof parapet with minimal visibility from the street.

Basement parking is proposed for 92 vehicles with access via Crofts Avenue.


DESCRIPTION OF THE SITE AND LOCALITY

The site is an irregular shaped site with a frontage of 20.69m to Forest Road, a frontage of 25.755m to Crofts Avenue, and side frontage of 46.695m to Diment Way (a public thoroughfare), and a total area of 1365sqm. The site is located on the southern side of the Diment Way, and extends the full length fronting both Forest Road and Crofts Avenue. Existing on the site is a single brick building known as “Bag-a-Bargain” which is a discount variety store. No parking is provided on site, however a loading dock facility exists off Crofts Avenue.

Adjoining the site to the south east is a two storey retail building. This is similar to the rest of Forest Road which is made up of single and two storey retail/commercial buildings. The entrance to Hurstville Railway Station is approximately 100m to the south, along Forest Road.

Diment Way adjoins to the north, which is a pedestrian thoroughfare that connects the Westfield development to the north east with Forest Road. An existing pedestrian ramp bridge extends across the rear (Crofts Avenue) frontage of the site which provides pedestrian access from Diment Way to the Westfield shopping complex.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

Hurstville Local Environmental Plan

The land is zoned 3(b) – City Centre Business Zone and is a permissible use in the zone. The proposal meets the zone objectives, which include:

SEPP No 11 – Traffic Generating Development

Due to the size of the combined commercial and retail areas, this proposal falls within Schedule 2 of this SEPP, and as such, was required to be referred to the RTA for comment. Their specific comments are summarised later in this report, however they raised no objections to the proposal.

SEPP No 65 – Design Quality for Residential Flat Buildings

The proposal falls within the guidelines of this SEPP and as such was referred to the Southern Sydney Group Design Review Panel for comments. Please note, that the original proposal was referred to the panel, ie prior to the FSR being reduced. A summary of those comments is reproduced below:

(The Panel is actually incorrect with this statement, as Development Control Plan No 4 allows three (3) storeys to Forest Road and eight (8) storeys to Crofts Avenue, if that includes a residential use. The applicant has only proposed two (2) levels to Forest Road.)
The applicant made some changes to the proposal, taking into account the issues raised above. These included:
Further, if the application is approved, a condition of consent will require a photographic and written documentation of the mural on the western-facing wall to be archived in Hurstville City Council Library archives, prior to the demolition of that wall. Also, that access to the residential units is controlled by a security key device of some sort and details are to be submitted with the construction certificate.

The applicant did not address the issues raised under “Amenity”. Should the application be approved, it is suggested that a solid awning be proposed, particularly to the western elevation, to reduce the amount of sun affecting those west-facing shops.

The issue of privacy separation between the subject site and the building on the opposite side of Diment Way is considered to be adequately addressed with the provision of steel-framed timber louvres, which will be conditioned to be fixed, and the setback of other balconies, where louvres are not proposed.

2. Draft Environmental Planning Instruments

Draft SEPP No 66 – Integrating Land Use and Transport

Although this is a Draft SEPP, it must still be taken into account under the provisions of Section 79C of the Environmental Planning and Assessment Act, 1979.

This Policy relates to this proposal because it has a gross floor space of more than 1,000sqm.

The aim of this policy includes:

- to improve accessibility to housing, employment and services by walking, cycling, and public transport;
- improving the choice of transport and reducing dependence solely on cars for travel purposes;
- moderating growth in the demand for travel and the distances travelled, especially by car;
- supporting the efficient and viable operation of public transport services,
- The development must minimise the demand for travel by employment or floor space densities in commercial or employment areas that reflect the accessibility of the area by suitable public transport services and facilities.

The location and design guidelines states the following with respect to retail and housing development:

The site is considered important as it links Westfield Shopping Complex with Hurstville Railway Station. It provides employment and residential densities that have easy access to public transport, ie train, bus and taxi.

This Policy states that the proposal must also consider the transport implications of the development. The RTA and Council’s Transportation Analyst have no concerns with the proposal. Hence, it is believed the objectives and aims of this Draft Policy have been addressed with this development proposal.

Draft Masterplan for the Hurstville City Centre

The site is recognised in the Masterplan as being on the edge of one of the important north-south pedestrian links from Hurstville Railway Station and Forest Road through to the existing retail/commercial in Crofts Avenue and the current Council chamber site and library area. Diment Way, which adjoins the site to the north west is identified as one of the linking arcades which will be lined with shops and local service outlets.

This proposal complements the idea of the “new arcade” by increasing the retail outlets onto the Diment Way arcade which improves the pedestrian links and safety for pedestrians moving north-south through Hurstville.

The Masterplan also states that new commercial development should be focused in the central part of the CBD so there is good access to public transport and so it can be sympathetic to existing retail and other services.

The proposal encourages this in a small way in that it does provide some commercial, however the applicant could have amended the design to incorporate more commercial and less residential in the proposal.

The Masterplan states that heights on the northern side of Forest Road need to be controlled to maximise sun access to the southern footpath. The proposal complies with this by only providing two (2) levels to the Forest Road frontage and for almost half of the site.

Any other matters prescribed by the Regulations

Safety standards for demolition and compliance with AS 2601 - 1991 apply to the demolition of any buildings affected by the proposal. If asbestos is involved, the demolition must comply with all appropriate WorkCover requirements.

3. Development Control Plans

Development Control Plan No 4 – Town Centre

The Development Control Plan No 4 – Town Centre is broken into specific “Block” which provide built form controls for future development for the sites that fall within those blocks. The subject site is identified as Block 17A and below is a table summarising the compliance with the provisions of Block 17A from Development Control Plan No 4 – Town Centre.

Development ControlsProposedComplies
Use:
- ground/first – retail
- Upper floors – commercial/residential
Ground floor – retail
Upper floors – Commercial/residential
Yes
Yes
Height:
- 3 storeys to Forest Road
- 7 storeys to Commercial to Crofts Ave/ 8 Residential
2 storeys to Forest Road
8 Storeys to Crofts Avenue, including residential
Yes
Yes
Floor Space Ratio (FSR) – 4.4:14.22:1Yes
Street Setbacks – N/ANone proposedN/A
Awnings – Cantilevered awnings to Crofts Avenue and Forest RoadSmall awning to Crofts Avenue and Forest RoadYes
Balconies:
- min 1 per unit 8sqm
- 2.0m min dimension
- can extend 450mm beyond the envelope.
- min 1 per unit 8sqm
- 2.0m min
- some extend 450mm beyond the envelope
Yes
Yes
Yes
Vehicle Access from Crofts Avenue onlyFrom Crofts Avenue onlyYes
Car parking – basement
- Commercial -1/60sqm (req’s 17), min 50% on site (9)
- Retail – 1/30sqm (req’s 30), min 50% on site (15)
- Residential – 1/100sqm, min 100% on site (req’s 33).
- Residential visitor – 1 /4 units (req’s 10)
- Total – 90
Basement parking
Commercial – 17 spaces

Retail – 32 spaces

Residential – 33 spaces

Visitor – 10 spaces

Total – 96
Yes
Yes

Yes

Yes

Yes

Yes

Development Control Plan No 17 – Neighbour Notification and Advertising of Development Proposals

The proposal was required to be notified to adjoining neighbours and an advertisement placed in the local paper and be made available for inspection for a period of fourteen (14) days. One (1) objection was received.

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

DCP No. 18 – CPTED
Standard
Plan
Complies
FencingAllows natural surveillance to streetNo fencing is proposedN/A
Blind CornersTo be avoidedThe building has no blind corners and the shops on both corners of Diment Way are splayedYes
Communal AreasProvide opportunities for natural surveillanceAll three frontages have retail/commercial and residential viewing from them into communal areasYes
EntrancesClearly visible and not confusingClearly visible from all three frontagesYes
Site and Building Layout- Provide surveillance opportunities
- Building addresses street
- Habitable rooms are directed towards the front of the building
- Garages are not dominant
- Offset windows
The building provides good passive surveillance of all 3 streets from all levels. Some habitable rooms from each level are directed towards each public frontage.
The parking is not dominant as it is in the basement.
Yes
Landscaping- Avoid dense medium height shrubs
- Allow spacing for low growing dense vegetation
- Low ground cover or high canopy trees around car parks and pathways
- Vegetation used as a barrier for unauthorised access
- the landscaping is a good mix of low shrubs and medium to tall trees/shrubs. It is used as a screen to private terraced areas and a setback from the edge of the landscaped deck.Yes
Lighting- Diffused/movement sensitive lighting provided externally
- Access/egress points illuminated
- No lightspill towards neighbours
- Hiding places illuminated
- Lighting is energy efficient
No details were provided at this stage.This can be conditioned as part of this consent.
Building Identification- Clearly numbered buildings
- Entrances numbered
- Unit numbers provided at entry
No details were provided at this stage.This can be conditioned as part of this consent.
Security- Main entrances to multi-unit development utilise intercom and code/card locks for main entrance/car parkNo details were provided at this stage. Given that the commercial offices use the same lift/stairs as the residential units, this is an important issue.This can be conditioned as part of this consent.
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipThe use of colour and finishes will clearly separate the public commercial space from the residential units.Yes

As can be seen from this table, the proposal complies with the objectives of this Development Control Plan and where details were not provided, appropriate conditions of consent have been imposed, should the application be approved.

Development Control Plan No 19 – Access and Mobility

DCP 19 requirementProposalComplies
Minimum 4 units must be designed in accordance with AS 4299 for adaptable housing dwellings.No specific details were provided.No.
Can be conditioned to comply, as a “deferred commencement condition”.
2% of parking provided must be for disabled parking. This is a total of 2 spaces.The proposal has provided 5 disabled parking spaces, each one located adjacent to the liftsYes

It is unclear from the plans as to whether any adaptable units have been allocated as such. Given that 4 units are required overall, it is suggested that the proposal be granted a “deferred commencement” consent. At this stage it is unclear as to whether this may require alterations to the floor plan of some of the units, which may then require re-notification if it alters the external appearance of the building; hence a “deferred commencement” consent is considered appropriate.

Development Control Plan No 22 – Energy Efficiency

The proposed development is required to comply with the minimum performance criteria for water conservation, hot water and appliance energy performance measures.

The building has been designed to maximise exposure to solar access for the majority of apartments and allows optimisation of energy efficiency through cross ventilation where appropriate. It is believed that this complies with the objectives of this Development Control Plan.

If approved, the following conditions of consent will be imposed to further ensure compliance:
4. Impacts

Natural Environment

The proposed development is considered unlikely to result in any adverse effects in the locality in terms of water or air quality. Appropriate measures are to be taken in respect of stormwater run-off and dust from excavation activity.

The proposed development is considered to be in character of the natural topography and size of the site, and the adjoining development pattern in the area. The proposed two levels fronting Forest Road is consistent with existing development along that section of the street, whilst the proposed eight levels fronting Crofts Avenue is consistent with the taller buildings in that section of Hurstville Town Centre. There is no significant vegetation on the site which this proposal will impact on, nor on the immediate area.

Hence the proposal is considered acceptable in this regard.

Built Environment

The proposal is considered to be consistent with the scale and bulk of other nearby development within Hurstville Town Centre, both towards Forest Road and Crofts Avenue. The frontage onto Diment Way encourages a lively and attractive pedestrian thoroughfare by the creation of more active retail and commercial uses. This will enhance the importance of this public linkage from the railway station and Forest Road to a major part of the retail and commercial centre of Hurstville.

Privacy
It is considered that the proposal will achieve reasonable levels of visual privacy externally and internally; whilst at the same time maximising outlook and views from the main living rooms and private open space areas.

Overshadowing
The extent of the additional overshadowing falls predominantly on the subject site itself or on adjacent commercial properties within the town centre during the mid-winter period. This extent of overshadowing is not unreasonable for the extent of redevelopment of the subject site. The Forest Road landscaped deck on the third level is mostly in sun by 12 noon in mid-winter and does not begin to experience further shadows until approximately 3pm. The south-facing units obviously are affected, however they are only a minor number of units in the overall development.

Heritage
The site is in close proximity to heritage buildings along Forest Road. The design is considered sympathetic to these buildings and will not detract from them.

Social Impact

Security
The proposal at this stage, does not provided details on the security system to separate the residential units from the commercial/retail levels. This would not be difficult to achieve and should the application be approved appropriate conditions of consent are to be imposed. The design allows for passive surveillance of the two street frontages and the public thoroughfare during the working hours and outside of those hours. This is an improvement on the existing situation.

Appropriate location
The proposal is within close proximity to public transport which will service all proposed uses on the site. The use is compatible with the immediate area for reasons already discussed in this report. It is also consistent with the zoning, the surrounding uses, and the desired future character.

Economic Impact

The proposal will improve the employment opportunities within Hurstville Town Centre and also improve the range of retailing and commercial premises. This will encourage economic growth of the town centre and the introduction of extra residential population will complement this. It is not believed that any loss of property values will occur as a direct result of this proposal.

Suitability of the Site

The site is not affected by bushfire, acid sulfate soils, contaminated, flooding, or any other constraints. The following services of electricity, telephone, water and sewerage are readily available to the site.


6. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and an advertisement was placed in the local paper; in which they were given fourteen (14) days to view the plans and submit any comments on the proposal. One (1) objection was received from 282 Forest Road, Hurstville, located to the east of the site. A summary of the concerns raised is discussed below:

Masterplan for Hurstville City Centre

The subject site is earmarked to become future public open space in the Hurstville City Centre Masterplan. This development will deny that from occurring.

Comment: This is correct, however the Masterplan nominates a number of sites within the Hurstville City Town Centre which may be suitable for future public open space. The idea in the Masterplan is to realise the potential for future public space, not to actually pin-point specific sites. At the moment, this Masterplan is a Draft Concept with the subject site identified as a “Possible location of new central park”, along with two other sites, and unless Council is in the process of acquiring this site, the owners still have the opportunity to develop it. The proposal does identify the importance of the link that Diment Way provides and is designed to improve that pedestrian link.

Increase in Traffic Flow

Increase in traffic flow will hamper pedestrian movement to and from the objector’s building.

Comment: Council’s Transportation Analyst and the RTA have both provided comments on this proposal and believe that although the site will increase the traffic, it will have little impact on the adjoining sites and the current road systems can accommodate the increase.

Council Referrals

Manager - Development Advice

No objections were raised provided standard drainage and crossing conditions are imposed. Also the applicant is to investigate the existence of any utility services.

Building Assessment Officer

Generally the responsible building assessment officer had no concerns with the proposal provided it complies with the BCA. It was also suggested that the recommendations contained in the submitted Wind Effects Report prepared by Vipac Engineers and Scientists Ltd to reduce the potential adverse wind conditions must be implemented, both during construction and at completion of work and prior to the issue of an occupation certificate.

Tree Management Officer

No existing significant vegetation exists on this site and no objections were raised from the Tree Management Officer provided all street trees are to be retained as per the plan.

Environmental Health Officer

No objections were raised in relation to the proposal provided certain conditions regarding the appropriate waste and recycling containers for each use are imposed, as well as the appropriate storage area and maintenance of that area.

Transportation Analyst

The following comments relate to Traffic, Parking and Vehicular Access issues for this development application.

Planning Comment: A deferred commencement condition is to be imposed regarding the provision of loading facility and compliance with Council's Transportation Analyst requirements. It should be noted that the applicant is of the view that it would be preferable from their development viewpoint, to physically provide all of the required parking, rather than providing 64 spaces and a contribution for 28 spaces.

Commercial Manager
The applicant was asked to comment on this and whether they would be willing to include the redesign of the ramp into the corner of their site. They advised that "it was not envisaged to redesign the existing pedestrian ramp in the scheme for this development. Whilst it is a Westfield development, it has been designed not to be integrated into the existing shopping centre at this stage. The development has been designed to incorporate a future expansion in the event that a successful scheme can be achieved commercially through the consolidation of properties further north on Forest Road. In the event that his occurs it is envisaged that the existing pedestrian ramp can be addressed at this point."

External Referrals

Urban Design Review Panel

This has already been discussed previously in this report and the conclusion was that overall the proposal was acceptable with some changes. The applicant did make some changes in light of the comments received.

Roads and Traffic Authority (RTA)

The RTA reviewed the development application and raised no objection as the proposed development will not have a significant traffic impact on the classified road network. Standard RTA conditions were to be imposed if the application is approved.

Sydney Water

Sydney Water reviewed the proposal and advised they had no objection to the proposal providing the requirement for a Section 73 Certificate is included in the approval. This will be imposed as a condition of consent should the application be approved.


6. CONCLUSION

There are a number of small ways in which the proposal could be improved, such as the reallocation of the ramp from Westfield, and some changes to the floor plans of some of the units.

However, the proposal complies with Council’s site specific requirements for the site and also the main aims and objectives of Council’s adopted Masterplan for the City Centre. It complies with the objectives of the relevant SEPP’s and is considered to be generally consistent with the future vision for Hurstville.

However, given that the adaptable units have not been provided, and structural changes are proposed to the ramp, a “deferred commencement consent” has been recommended so that these issues can be addressed.


RECOMMENDATION

THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred commencement consent to Development Application No 20040336 for the construction a part 8/part 2 storey mixed retail/commercial/residential building with basement parking comprising of 18 x 1 beds, 15 x 2 beds, and 4 x 3 beds on Lot 16, DP 4799 and known as 292-298 Forest Road, Hurstville, subject to the following:

A. A minimum of four (4) adaptable units are to be provided in accordance with the provisions of Hurstville Council’s Development Control Plan No 19 – Access and Mobility. Revised floor plans, (and elevations if required), are to be submitted showing the location of these units and their compliance with the minimum size requirements as specified within Council’s Development Control Plan No 19 – Access and Mobility.

B. The applicant is to provide the appropriate documentation from a qualified structural engineer detailing that the proposed modifications to the ramp are satisfactory.

C. The applicant is to submit an amended basement plan and structural design showing the reduced number of parking and revised layout including loading facility in accordance with Council's Transportation Analyst's requirements.

Documentary evidence as requested or the above information must be submitted within 12 months of the granting of this deferred commencement consent. Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

Subject to A and B above being satisfied, a development consent be issued, subject to the following conditions:

1. Standard conditions for mixed commercial/residential developments.

2. The following plans:

Plan No.DatePlanPrepared by
DA-01 (Rev 1)13 May 04Site PlanSAS Trustee Corporation & PT Limited
DA-02 (Rev 1)13 May 04Basement Parking Level 5, 4, and 3SAS Trustee Corporation & PT Limited
DA-03 (Rev 1)13 May 04Basement Parking Level 2, 1 and 1MSAS Trustee Corporation & PT Limited
DA-04 (Rev 1)13 May 04Basement entry, Ground retail and Office level 1SAS Trustee Corporation & PT Limited
DA-05 (Rev 1)13 May 04Residential Levels 2-5SAS Trustee Corporation & PT Limited
DA-06 (Rev 1)13 May 04Residential Levels 6 and 7, and Roof PlanSAS Trustee Corporation & PT Limited
DA-07 (Rev 1)13 May 04ElevationsSAS Trustee Corporation & PT Limited
DA-09 (Rev 1)13 May 04SectionsSAS Trustee Corporation & PT Limited

3. Payment of Section 94 Contributions of:

Open Space
$102,564.05
Community Services and Facilities
$90,322.00
Management
$6,663.38
Library – Infrastructure
$41,138.45
Library – Bookstock
$59.62
Parking
$596,456.00
Residential Traffic and Parking
$5,711.79
Commercial Traffic and Parking
$11,591.30
Retail Traffic and Parking
-$61,684.80
Urban Spaces - New and credited dwellings
$25,160.00
Urban Spaces - Commercial/rental floor space
-$12,722.15

4. The proposal must comply with the provisions of Development Control Plan No 18 – Crime Prevention Through Environmental Design, with particular reference to the issues of:

5. One designated “disabled car space” is to be linked to each adaptable unit on any future strata plan or subdivision.

6. The approved commercial suites are only to be used for business premises, and are the subject of further separate development applications. This is to ensure sufficient parking is provided on site. All such commercial suites are to be nominated on any approved strata plan.

7. Photographic and written documentation of the mural on the western-facing wall is to be archived in Hurstville City Council Library archives, prior to the demolition of that wall. Details of this documentation is to be submitted to Council prior to any works on the site.

8. A solid awning is to be provided, particularly to the western elevation, to reduce the amount of sun affecting those west-facing shops. Details are to be submitted with the Construction Certificate.

9. The proposed steel-framed timber louvres facing Diment Way are to be fixed at such an angle that they do not directly look into the building on the opposite side of Diment Way, so as to preserve the privacy of that building and any future building on that site. Details are to be provided with the Construction Certificate.

10. Access to the residential units is to be controlled by a security key or similar device. Details are to be submitted with the Construction Certificate.

11. The following are to be provided prior to occupation:
12. In order to comply with Clause 3.7.2 of AS 1668.2-1991 the exhaust air from the basement car park levels must be discharged above the highest roof via a ventilation shaft(s) provided within the building.

13. Balconies must not be used for the drying of washing or the airing or hanging of clothes, linen, etc. The developer must ensure that the Strata Plan’s By-Laws prevent the use of balconies for the drying of washing or the airing or hanging of clothes, linen, etc.

14. The vertical clearance above the disabled user car spaces at Basement Car Park Levels 1-6 must comply with Clause 5.3.2 of AS 2890.1-1993.

15. The balconies that project over the Crofts Avenue street alignment must be constructed such that they can be removed at any time after their erection, without causing the building of which they are part to be structurally unsafe and without causing a reduction in the required fire-resisting rating of any structural member of the building. Further, those balconies that project over the Crofts Avenue alignment must be limited to 50% of the road frontage of the building at any level amount the aforesaid street.

The projection of the sun louvres and balconies that extend over the Crofts Avenue street alignment, and, as well, the projection of the sun louvres over the Forest Road street alignment, must not exceed 450mm beyond the road alignments of these streets. In respect of the balconies and sun louvres along Diment Way, for the reason that the width of the road in this street is less than 12.2m, the balconies and sun louvres along this street must not encroach beyond the alignment of such roadway.

16. The balconies must not at any time be enclosed to form habitable rooms.

17. All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in both the commercial/retail areas and residential units must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting.

The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS 4586:1999 – Slip Resistance Classifications of new Pedestrian Materials.

NOTE: SAA/SNZ Handbook 197:1999 – An Introduction Guide to the Slip Resistance of Pedestrian Surface Materials – should be used to assist in the use of AS/NZS 4586:1999.

18. In accordance with the document prepared by RIC and SRA and titled ‘Guidelines For Councils – Consideration of Rail Noise and Vibration in the Planning Process – November, 2003’ in respect of rail related noise and vibration, the building must be designed and constructed taking into full account the requirements for effective sound insulation against external noise in accordance with the following design criteria in habitable rooms with windows and doors closed:

Internal SpaceTime PeriodNoise Level
LAeq (1hr)
Living and sleeping areasDay (7am to 10pm)<40dBA
Living and sleeping areasNight (10pm to 7am)<35dBA

NOTE: If noise levels with windows or doors open exceed these criteria by more than 10dBA, the design of the ventilation of these rooms must be such that occupants are able to leave the windows closed, if they so desire.

Floor vibration levels in habitable rooms must be designed to comply with the criteria in British Standard BS 6472:1992 – Evaluation of Human Exposure to Vibration in Buildings (1Hz to 80Hz).

In this regard a detailed noise and vibration assessment report prepared by an acoustical engineer must be submitted to either the Council or Accredited Certifier with the Construction Certificate application detailing the noise and vibration mitigation measures that are to be included in the construction of the building which will meet the criteria outlined in this condition. The assessment report must be prepared by a Noise and Vibration Consultant with suitably technical qualifications and experience, consistent with the technical eligibility criteria required for membership of the Australian Association of Acoustical Consultants and/or the grade of membership of the Australian Acoustical Society denoted MAAS.

As a minimum, the assessment report must include the following:

19. A dilapidation report detailing the condition of the adjoining building situated at the south eastern side of the subject site must be submitted with the Construction Certificate application.

20. A report prepared by a Geotechnical Engineer practising in the field of geotechnical investigations certifying that the stability of the site and specifying the design constraints to be placed on the foundation, earthworks and excavations for the proposed building must be submitted to Council and, if used, the Accredited Certifier prior to the issue of a Construction Certificate.

21. A certificate must be submitted with the Construction Certificate application to either Council or Accredited Certifier from a practising structural engineer stating that the balconies projecting over the Crofts Avenue street alignment are constructed such that they can be removed at any time after their erection, without causing the building of which they are part to be structurally unsafe and without causing as reduction in the required fire-resistance rating of any structural members of the building.

Alternatively, in the event that plans, prepared by a practising structural engineer in respect of the structural members in the building, are submitted with the Construction Certificate application, a notation, prepared by the structural engineer, may be placed on those plans to the effect that the balconies projecting over the Crofts Avenue street alignment are constructed such that they can be removed at any time after their erection, without causing the building of which they are part to be structurally unsafe and without causing as reduction in the required fire-resistance rating of any structural members of the building.

22. Prior to the issue of a Construction Certificate a list of the fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a Construction Certificate, which is required to be submitted to either Council or an Accredited Certifier. Such list must also specify the minimum standard of performance for each fire safety measure included in the list. The Council or Accredited Certifier will then issue a Fire Safety Schedule for the building.

23. The recommendations outlined in the report dated 8 November 2004 prepared by Vipac Engineers and Scientists Ltd under report number 242663-TRP-003506-02 to reduce the potential adverse wind condition must be complied with in full.

24. A device/s to warn pedestrians walking along Crofts Avenue of a vehicle leaving the premises via the driveway ramp servicing the basement car park levels must be provided in a suitable location adjacent to the Crofts Avenue car park entry/exit. Prior to the issue of a Construction Certificate, details of the device/s must be submitted to either Council or an Accredited Certifier.

25. A copy of the plans must be referred to Sydney Airports Corporation Limited, PO Box 63, Mascot, NSW, 1460 (telephone 9667 9111) and any requirements of that Corporation must be complied with. Prior to the issue of the Construction Certificate written evidence of acceptance of the proposal must be submitted to either Council or an Accredited Certifier.

26. Under Clause 98A of the Environmental Planning and Assessment Regulation, 2000, a sign must be erected in a prominent position of the work site showing the name, address and telephone number of the Principal Certifying Authority; the name of the principal contractor (if any) for the building work and a telephone number at which that person may be contacted outside working hours; and stating that unauthorised entry is prohibited. The sign must not be removed until the work has been completed.

27. Prior to the commencement of work in connection with the excavation of the site associated with the basement car park levels, structural engineer’s details relating to the method of supporting Council’s roadways/footways in Forest Road, Crofts Avenue and Diment Way, the public utilities in the aforesaid roadways/footways, as well as building on the adjoining allotments must be submitted to Council and be approved by Council.

28. In the even that the excavation associated with the basement car park levels is to be supported by the use of either soldier piles or parallel flange channels incorporated in a ‘Shotcrete’ wall system, and which are held in place by below ground (cables) anchors that are constructed under Council’s roadways/footways in Forest Road, Crofts Avenue and Diment Way, an application must be lodged with Council to construct the below ground (cable) anchors under its roadways/footways prior to commencement of any work in connection with the excavation of the site.

29. Prior to commencement of work in connection with the erection of the internal concrete elements in the basement levels, copies of the relevant easements and neighbour’s permission obtained in respect of the craning over of materials and equipment, construction of below ground (cable) anchors under and erection of scaffolding over the neighbouring properties must be submitted to Council or Accredited Certifier.

30 Prior to the commencement of any work in connection with the excavation of the site, which may include the boring of soldier piles, an ‘A’ Class hoarding must be erected around the curtilage of the property. In the event that it is intended that the hoardings along Forest Road, Crofts Avenue and Diment Way are to occupy any portion of Council’s footways along these streets at any time during construction, a development application to construct a hoarding on the footways must be lodged with Council.

For the reason that the building along Forest Road, Crofts Avenue and Diment Way will stand within 3.6m of the alignments of these streets, when the building has reached a height of one (1) storey above ground level, or it is intended to hold all temporary site accommodation (sheds) for the project on an overhead hoarding during excavation of the land, a ‘B’ Class hoarding, in accordance with the requirements of WorkCover Authority of NSW, must be erected along the portions of the footways in the aforesaid streets that adjoin the land.

Prior to commencement of work in connection with the ‘B’ Class hoarding, a development application for this work must be submitted to Council for such work.

31. Prior to commencement of site works a sign must be erected at the entrance of the property detailing permitted hours of work. The lettering is to have a minimum height of 50mm and is to contrast the background of the sign. The builder is to advise all sub-contractors, in writing, of the approved hours of work prior to commencement of exaction works.

32. Prior to commencement of site works, details setting out a ‘designated heavy vehicle route’ in connection with the transporting of soil material to and from the site as well as transporting all waste material, including demolition material, existing landfill and spoil from the site must be submitted to Council’s Transportation Analyst for approval.

33. All vehicles transporting soil material to and from the site as well as transporting all waste material, including demolition material, existing landfill and spoil, from the subject site must ensure that the entire load is covered by means of a tarpaulin(s) or similar material. The vehicle driver shall be responsible for ensuring that waste material, dust or dirt particles are not deposited onto the roadway during transit. The preferred method of covering loads is with an automated ‘enviro-tarp’. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996, to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s Law Enforcement Officers. Any breach of this legislation is subject to a $500.00 ‘Penalty Infringement Notice’ being issued to the drivers of those vehicles not in compliance with the regulations.

34. Each heavy vehicle generated by the site development must have appropriate signage identifying the site at which it is being used. These signs must be located on both sides of the vehicle’s rear tray and be easily identifiable at a distance of at least 50 metres. The purpose of such signage is to enable identification of both the vehicle and site in the event of complaint.

35. All heavy vehicle access to and egress from the site must be made via an approved ‘designated heavy vehicle route’, and at no times must heavy vehicles being used in association with the site use any other streets to trave to and from the site. Council’s Law Enforcement Officers will undertake regular monitoring to ensure that all vehicles travelling to and from the site do so strictly in accordance with the designated route. Those vehicles determined by either the developer or Council’s officers not to be in compliance with this requirement must be banned from transporting material to and/or from the site for the duration of the project.

36. Prior to commencement of site works, the developer must provide Council with the company details of the contractor/s responsible for the transport of material to and from the site. The developer must also nominate a contact person who will be responsible for all heavy vehicle operations. Relevant telephone numbers, facsimile numbers and email addresses must be submitted to Council prior to commencement of works. A weekly reconciliation of trucking movements must be provided to Council during the period of transporting material. This shall include, but not be limited to, the number of trucks that have travelled to and from the site each day, and the registration numbers (both truck and dog-trailer registration plates) of these vehicles.

37. A responsible employee of the development must be located within close proximity of the site during operation hours to ensure that all outgoing heavy vehicles comply with Council’s requirements. This employee must liaise with heavy vehicle drivers and provide regular updates to drivers on the conditions of entry to the subject site. The responsible employee or suitable replacement must be located at the designated site exit at all times during heavy vehicle operations. Contact details for this responsible person, including name and telephone number, must be provided to Council prior to commencement of heavy vehicle operations.

38. The roads and footpaths in front of the site as well as all streets along the designated heavy vehicle route must be kept free from soil and all waste materials, including existing landfill, demolition material and spoil, during the course of the work. The developer must monitor the state of the roadways and footpaths in front of the site and the roadways leading to and from the site on a daily basis, and take all necessary steps to clean any adversely impact road pavements. In this regard, the developer must make arrangement for the regular dry mechanical suction sweeping of the streets, particularly in the vicinity of the site, for the duration of the works. It should be noted that the flushing of the roadways using a watercart or similar means constitutes a breach of Protection of the Environment Operations Act, 1997, carrying a $1,5000.00 ‘Penalty Infringement Notice’.

It should be further noted that where Council determines that excessive depositing of the spoil has occurred, the cartage of the above materials from the site must cease forthwith, if so directed by Council, until such time as the road pavements have been cleaned to the satisfaction of Council.

Attention is also drawn to the fact that should the spoil not be removed by the following day, Council will carry out this work and charge the costs of such work against the bonds and deposits paid to Council.

39. Geotextile fabric screens or similar measures erected to prevent sediment from the site, including deposited loads of sand or fill, being washed onto the road or any adjoining properties must be kept in place until completion of the building.

40. During bulk excavation the site is to be watered at intervals as are necessary to eliminate wind blown dust being emitted form the site and to ensure there is not nuisance caused to the public/adjoining land owners.

41. Mud or clods of dirt must be scraped or removed from the wheels of trucks prior to such vehicles leaving the site during excavation works.

42. Only clean water is permitted to be pumped from the site onto Council’s roadways or into the street drainage system.

43. Only clean water is permitted to be pumped from the site onto Council’s roadways or into the street drainage system.

NOTE: The pumping of muddy or silt laden water is an offence under the Roads Act General Regulations.

44. The method of sediment and silt control must be carried out in accordance with Council’s guidelines on ‘Precautions To Prevent Erosion, Sedimentation And Water Pollution From Building Sites’.

NOTE: Failure to install and maintain run off and erosion controls will result in the builder or demolition contractor being subject to the following:

(a) Injunction proceedings in the Land and Environment Court.
(b) Prosecution under The Protection of the Environment Operations Act 1997.
(c) A Penalty Infringement Notice to the person responsible.

45. The excavation must be executed safely and in accordance with appropriate standards. In addition, the excavation must be properly guarded and protected to prevent it from being dangerous to life or property.

46. At completion of the formwork and prior to the pouring of the concrete for the ground floor slab, a survey report must be submitted to either Council or the Accredited Certifier verifying that the top of the poured slab will be constructed at the level shown on the plans approved under DA 20040336. (The work is not proceed beyond this stage until a release has been given by Council or the Accredited Certifier.)

47. During construction of the building, all acoustic treatments nominated in the noise and vibration acoustic report, or other project documentation, submitted to either Council or Accredited Certifier, as required under this development consent, must be implemented.

48. Details relating to the type of pedestrian surface materials to be used in areas such as the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in the wet rooms in both the commercial/retail areas and residential units, the location of each type of surface material, the slip resistance classifications of those materials as determined through test methods using wet or dry conditions, and verification by way of, for example, copies of test reports issued by the CSIRO, that the pedestrian surface materials comply with AS/ANZ 4586:1999 must be submitted to either Council or Accredited Certifier prior to installation of such materials.

49. During construction of the building, all recommendations outlined in the report dated 8 November 2004 prepared by Vipac Engineers and Scientists Ltd under report number 242663-TRP-003506-02 to reduce the potential adverse wind condition must be implemented.

50. At completion of work a certificate/report must be lodged with either Council or Accredited Certifier from a practising acoustical consultant certifying that the noise and vibration mitigation measures implemented in the building comply with the criteria outlined in Condition 18 above and, as well, stating that the methods of construction of any assemblies, that may be specified in the report submitted also in accordance with Condition 18 have been installed.

51. At completion of work an in-situ (on site) test, in wet and dry conditions, must be carried out on the pedestrian floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in the wet rooms in both the commercial/retail areas and residential units to ascertain the actual slip resistance of such surfaces taking into consideration the effects of grout, the gradients of the surface and changes from one material to another. The in-situ test must be carried out in accordance with AS/NZS 4663:2002. A certificate must be submitted to either the Council or Accredited Certifier detailing the results of the slip resistance measurements and that the pedestrian floor surfaces comply with AS/NZS 4586:1999.

52. At completion of work and prior to the issue of an Occupation Certificate, a report/certificate must be submitted to either Council or Accredited Certifier from an appropriately qualified person certifying that all of the recommendations specified in the report dated 8 November 2004 prepared by Vipac Engineers and Scientists Ltd under report number 242663-TRP-003506-02 to reduce the potential adverse wind conditions have been complied with.

53. Plant or machinery must not cause noise exceeding background – All sound producing plant, equipment, machinery or fittings associated with or forming part of the mechanical ventilation system and/or the refrigeration system being sound insulated and/or isolated so that the noise emitted does not exceed the background level in any octave band from 63.0 Hz centre frequencies inclusive at the boundary of the site.

NOTE: The method of measurement of sound must be carried out in accordance with Australian Standard 1055.1-1989.

54. The pedestrian surface materials in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in the wet rooms in both the commercial/retail areas and residential units must be maintained on a regular basis which must include, as part of the maintenance programme, inspections and testing of the floor surfaces which must be carried out in accordance with AS/NZS 4663:2002 – Slip Resistance Measurement of Existing Pedestrian Surfaces.

55. For the residential portion of the building the following waste recycling facilities will be required:-

Domestic Waste – 3 x 240 litre Mobile Garbage Bins (MGB’s)
Domestic Recycling – 4 x 240 litre MGB’s

56. For the commercial portion of the building appropriate waste and recycling containers and facilities will need to be provided for all specific end use businesses in accordance with the following waste generation rates:-

a) Retail trading – shops, to 100sqm – 0.1-0.2 cubic metres per 100sqm of floor are per day;
b) Restaurant and Food Shops – 0.3-0.6 square metres per 100 meals, plus up to 0.15 cubic metres of beverage containers per 100 meals; and,
c) Office – 0.01-0.03 cubic metres per 100sqm of floor are per day.

57. All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins, appropriate for the number of units and intended uses of the building, and is to be located in an area of the building that can be adequately serviced by waste collection vehicles.

58. The Owner’s Corporation shall be responsible for presenting all MGB’s for collection and returning them to the storage area after they have been emptied.

59. A “No Left Turn” restriction must be imposed on the application, requiring all vehicles leaving the site to only use Cross Street and not turn left into Crofts Avenue.

60. The structural design of the basement of the proposed development must allow for the potential bus tunnel to be constructed along the eastern boundary alignment at a future date. Details are to be provided with the Construction Certificate.

61. Given the high pedestrian activity in the vicinity of the site, a detailed ‘Construction Management Plan’ should be submitted to Council for determination, prior to the approval of the Construction Certificate, to ensure that pedestrian safety is maintained during demolition and construction of the proposed development.

62. Off-street parking associated with the proposed development (including driveways, ramp grades, aisle widths, aisle length parking bay dimensions, sight distances and loading docks) should be designed in accordance with AS 2890.1-2004 and AS 2890.2-2002.

63. All vehicles should be enter and exit the subject site in a forward direction.

64. All works associated with the proposed development shall be at no cost to the RTA."

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APPENDIX



COMMITTEE'S DECISION


THAT the application be granted a deferred commencement consent in accordance with the conditions included in the report.
(Moved Clr C Hindi/Seconded Clr S Grekas)