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

SUMMARY OF ITEMS TO BE ADDRESSED AT
THE POLICY PLANNING ENVIRONMENT AND MASTER PLAN IMPLEMENTATION MEETING
TO BE HELD ON 12TH OCTOBER 2005


Summary:
Item No: PPE047 - 05 - MATTERS SUBMITTED FOR THE INFORMATION OF
MEMBERS - LIMITED APPROVAL AND LEGAL MATTERS
INVOLVING COURT ACTION
(Report by Acting Minute Secretary, Ms C Hobson) C/00122


Item No: PPE048 - 05 - AUSTRALIAN INSTITUTE OF ENVIRONMENTAL HEALTH
NATIONAL CONFERENCE - ADELAIDE,
7TH - 9TH NOVEMBER 2005
(Report by Manager – Environmental Health and Building,

Ms J Nicol) 04/2610


Item No: PPE049 - 05 - PROPOSED AMENDMENT TO DEVELOPMENT CONTROL
PLAN NO. 4 – HURSTVILLE TOWN CENTRE FOR
105 FOREST ROAD HURTSVILLE (SITE 27A)
(Report by Manager Strategic Planning, Ms N Stores) DA2005/450





___________________________________________________________________________
Meeting No. 9 to be held on 12/10/2005







Meeting Date: 12/10/2005

PPE047 - 05MATTERS SUBMITTED FOR THE INFORMATION OF MEMBERS - LIMITED APPROVAL AND LEGAL MATTERS INVOLVING COURT ACTION

REPORT AUTHOR/S

Acting Minute Secretary, Ms C Hobson

FILE REFERENCE

C/00122

REASON FOR REPORT

For the information of Members

DOES AN EXISTING POLICY COVER THIS MATTER?

No

IF "NO" - SHOULD A POLICY BE DEVELOPED?

No

FINANCIAL IMPLICATIONS

Nil

DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details)

No


EXECUTIVE SUMMARY
To update reports on Limited Approvals and Legal Matters Involving Court Action that are actioned by Development Control.

RECOMMENDATION
THAT the information be received and noted.

REPORT DETAIL
The attached reports are updated for the monthly Council Meeting.

APPENDIX
Limited Approvals
Temporary Approvals October 2005.pdf

Legal Matters Involving Court Action

Legal Report 26092005.pdf

COMMITTEE RECOMMENDATION
THAT the information be received and noted.
(Moved Clr C Lee /Seconded Clr S McMahon )
COUNCIL RESOLUTION
RESOLVED THAT the information be received and noted.
(Moved Clr W Gillespie/Seconded Clr W Pickering)


Meeting Date: 12/10/2005

PPE048 - 05AUSTRALIAN INSTITUTE OF ENVIRONMENTAL HEALTH NATIONAL CONFERENCE - ADELAIDE, 7TH - 9TH NOVEMBER 2005

REPORT AUTHOR/S

Manager – Environmental Health and Building, Ms J Nicol

FILE REFERENCE

04/2610

REASON FOR REPORT

To gain approval For Councils Manager Environmental Health & Building to attend the Annual Environmental Health Conference in November 2005

DOES AN EXISTING POLICY COVER THIS MATTER?

No

IF "NO" - SHOULD A POLICY BE DEVELOPED?

No

FINANCIAL IMPLICATIONS

Yes

DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details)

No


EXECUTIVE SUMMARY
The program theme for the 2005 Australian Institute of Environmental Health Conference has been tilted “ Imagine Life Without Us”.

This conference will examine the integral role of Environmental Health Officers have on the health and well being of communities, with particular focus on linking emerging national issues and challenges to the local perspective.

RECOMMENDATION
THAT the report be received and noted.

THAT Councils Environmental Health & Building Manger attend the AIEH National Conference in Adelaide between the 7th & 9th of November 20005, to be funded from the Policy, Planning & Environment Conferences Fund.

FURTHER THAT any interested Councillors be invited to attend.

REPORT DETAIL

The conference program is structured to be highly interactive with a combination of plenary and concurrent sessions, a workshop and speakers.

The program includes the following interest areas;

§ Risk Assessment for Legionella in Water Systems
§ Future Directions of Immunisation
§ Rainwater and Grey Water Re Use in Sustainable Housing Case Studies of Successful Food Legislation Prosecutions
§ Food Hygiene and Nutrition incentive for Best Practice in S.A. Child Care Centres
§ Understanding of the National Environmental Health Strategy and Environmental Health Tools.
§ A Co-operative Approach to Environment Protection

The AIEH conference is extremely informative for environmental health officers in both state and local levels. The conferences assist officers and management in identifying and developing the necessary policies and programs required to protect, maintain and enhance the community’s environmental health.

Council's Manger of Environmental Health & Building will attend the AIEH Conference in Adelaide, with any interested Councillors invited to attend.

APPENDIX


COMMITTEE RECOMMENDATION
THAT the report be received and noted.

THAT Councils Environmental Health & Building Manger attend the AIEH National Conference in Adelaide between the 7th & 9th of November 20005, to be funded from the Policy, Planning & Environment Conferences Fund.

FURTHER THAT any interested Councillors be invited to attend.
(Moved Clr C Lee /Seconded Clr S McMahon )
COUNCIL RESOLUTION
RESOLVED THAT the report be received and noted.

THAT Councils Environmental Health & Building Manger attend the AIEH National Conference in Adelaide between the 7th & 9th of November 20005, to be funded from the Policy, Planning & Environment Conferences Fund.

FURTHER, THAT any interested Councillors be invited to attend.
(Moved Clr W Gillespie/Seconded Clr W Pickering)


Meeting Date: 12/10/2005

PPE049 - 05PROPOSED AMENDMENT TO DEVELOPMENT CONTROL PLAN NO. 4 – HURSTVILLE TOWN CENTRE FOR 105 FOREST ROAD HURTSVILLE (SITE 27A)

REPORT AUTHOR/S

Manager Strategic Planning, Ms N Stores

FILE REFERENCE

DA2005/450

REASON FOR REPORT

To report on submission of a proposed amendment to Development Control Plan No.4 and Development Application for 105 Forest Road, Hurstville for a mixed use development.

DOES AN EXISTING POLICY COVER THIS MATTER?

Yes

IF "NO" - SHOULD A POLICY BE DEVELOPED?

Yes

FINANCIAL IMPLICATIONS

No

DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details)

No


EXECUTIVE SUMMARY
Council has received a submission seeking an amendment to Development Control Plan No.4 – Hurstville Town Centre (DCP 4) and a Development Application for the development of 105 Forest Road, Hurstville. An amendment is sought to DCP 4 as the proposed development exceeds the current planning controls specified in the DCP 4. The proposed development is for the construction of a mixed use building comprising 83 residential apartments and 19 retail/commercial tenancies and three levels of basement parking. The proposed building height ranges from 7 to 13 storeys and an FSR of 5.2:1. The current planning controls under DCP 4 for the subject site include a building height ranging from 2 to 4 storeys and an FSR of 2:1.

This report recommends that Council support a review of the planning controls for 105 Forest Road on the basis that the current controls where developed on the premise that the adjoining Amcor site would remain as an industrial site and therefore specific controls where needed to minimise the impacts of the industrial development on any future residential development. It is however recommended that Council not support the proposed amendments to DCP 4 for 105 Forest Road, as submitted to Council, based on the preliminary assessment undertaken by Council officers and previous comments from the Design Review Panel. It is also recommended that it would be timely for Council to also review the planning controls for Site 27C (Hill Street Tavern site) and to finalise the planning controls for the adjoining Amcor site (Site 27B).

With regard to the Development Application submitted for 105 Forest Road, Council has held the public notification of the application until this report has been presented to a Council meeting. Subject to Council’s decision on the proposed amendments to DCP 4, the applicant may either wish to proceed or not proceed with the Development Application. Should the applicant wish to proceed with the Development Application following Council’s decision, Council will undertake the notification.

RECOMMENDATION
THAT Council support a review of the current planning controls in Development Control Plan No.4 – Hurstville Town Centre for Site 27A (105 Forest Road), Site 27C (Hill Street Tavern site, Hill Street) and that as part of this review Council also finalise the planning controls for Site 27B (Amcor site).

THAT Council indicate that they do not support the proposed amendments to Development Control Plan No.4 – Hurstville Town Centre in relation to Site 27A (105 Forest Road) as submitted by McFadyen Architects Pty Ltd and consultants JBA Urban Planning Consultants, to Council.

FURTHER THAT the report and comments from the Design Review Panel of 6 October 2005 be circulated to Councillors once received by Council and that further discussions be held with Councillors in response to these comments and the review of the planning controls for Site 27A.

REPORT DETAIL
BACKGROUND

The Subject Site

The subject site, 105 Forest Road, Hurstville is located on the corner of Forest Road and Hill Street and is an irregular shape lot with an area of 1,759m2. To the east of the site is the former Amcor industrial site and to the south is the Hill Side Tavern. The site is the former Shell Service Station site and is presently vacant.

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

A large water main crosses under the north western corner of the site, between Hill Street and Forest Road. The development proposes to relocate the water main.

Development History

The site was subject of a development consent for a 5-7 storey mixed residential and commercial development. This consent lapsed in May 2003.

In July 2004 and November 2004 Council officers had two pre-lodgement meetings with the applicants in relation to development of the site.

In December 2004 and March 2005, the applicant presented two preliminary development concepts for the site to the Design Review Panel. Comments from the Design Review Panel are provided later in this report.

Current Development Application

The proposed development for the site is a mixed use building comprising:

- 83 residential apartments (6,835m2)
- 19 retail/commercial floorspace (2,286m2)
- 7-13 storey buildings
- FSR of 5.2:1
- 147 car spaces (three levels of basement parking)

The Development Application was lodged on 16 August 2005 and has been referred to the Design Review Panel meeting on 6 October 2005. The Panel had not meet at the time of preparing this report.

The Director of Policy, Planning and Environment recommended that public notification of the Development Application be held by Council until a report was been presented to Council with regard to the proposed amendments to DCP 4. Subject to Council’s decision on the proposed amendments to DCP 4, the applicant may either wish to proceed or not proceed with the Development Application. Should the applicant wish to proceed with the Development Application following Council’s decision, Council will prepare the application for notification.


DEVELOPMENT CONTROL PLAN NO. 4 – HURSTVILLE TOWN CENTRE

The subject site is identified in DCP 4 as Site 27A within Block 27. Outlined below are the current design principles and development controls that apply to the site and Appendix 1 provides the planning controls and plans relating to Block 27 in DCP 4.

It is noted that the current controls for the site were prepared in 1999 on the premise that the adjoining Amcor site would remain as an industrial site and therefore specific controls where implemented to minimise the impacts on any future residential development on the site.

Design principles:

- Form a building that aligns to Forest Road and Hill Street
- Accentuate corners with architectural elements such as small windows, balconies or sun shading.
- Provide retail shops on ground level, including an awning.
- Provide for building designs that allows as fas as possible, for the dispersion of breezes that originate from the east and southeast.

Specific Considerations:

Specific considerations are provided in DCP 4 for Site 27A and Site 27C in relation to likely impacts of heat, noise and odour emissions as well as vibration from the adjoining (former) industrial uses on the Amcor site and railway line on the likely health and amenity of future residents. Any application is to have regard to the mixed use nature of the area, establish appropriate buffer zones to minimise impacts and create a non-residential building form adjacent to the neighbouring industrial site.

Development controls:


    DCP No.4
Existing Controls
Applicants Proposed Amendments
    Use
As per LEP

Retail/Commercial or
Retail Ground floor & in sections adjoining neighbouring sites & residential above.
As per LEP

Retail/Commercial at ground and first with residential above
    Height
4 stories on corner
3 stories in the middle
2 stories adjoining Amcor Aerosols site;
2 stories adjoining Tavern.
13 stories on corner
7 adjoining former Amcor site
10 storeys adjoining Tavern
    Floor Space Ratio
2:15.2:1
    Street Set Backs
NilNil
    Awnings
Cantilevered to Forest Road and Hill Street.Cantilevered to Forest Road and Hill Street.
    Balconies
2.0m minimum dimension can extend 450 mm beyond the envelope.Minimum 1 per unit 8m2
2m minimum dimension
Can extend 450mm beyond the envelop
    Vehicle Access
Hill Street.Hill Street.
    Car Parking
Basement.

Min. % on Site Use Rate m2
70 Comm. 50
70 Retail 25
100 Residential 100
Visitors 1 per 4 units
Basement.

Min. % on Site Use Rate m2
70 Commercial 50
70 Retail 25
100 Residential 100
Visitors 1 per 4 units
    Other
Note: This Building Envelope is based primarily on urban design considerations. It may be subject to change and review depending on findings from all required studies.

Windows to end walls (to adjoining sites) must be fixed, non-openable windows to bathrooms or ‘non-essential’ bedroom windows that do not need to be opened. They are essential to provide articulation to end walls.

Balconies should be orientated towards Forest Road and Hill Street, away from adjoining sites.




Windows to end walls (to adjoining sites) must be fixed, non-openable windows to bathrooms or ‘non-essential’ bedroom windows that do not need to be opened. They are essential to provide articulation to end walls.

Balconies should be orientated towards Forest Road and Hill Street, away from adjoining sites.



PROPOSED AMENDMENTS TO DCP NO. 4

The proposed amendments to DCP No. 4 are outlined in the table above. The submission states that the “general aims of the amendments are:
The key amendments to the DCP include an increase in the building heights from 2-4 storeys to 7-13 storeys and an increase in the FSR from 2:1 to 5.2:1. Also a change to the mix of uses on the site is proposed, with retail/commercial on the ground and first floor levels with residential above.

Appendix 2 provides a copy of the draft amendment to DCP 4.

COMMENT ON THE PROPOSED AMENDMENTS TO DCP NO.4

The following preliminary comments by Council staff and previous comments by the Design Review Panel are provided in relation to the proposed amendments to DCP 4 submitted to Council. It is noted that Council staff have not undertaken a full detailed assessment of the DCP amendments and development proposal at this stage.

Existing DCP No.4 Controls

It is considered that the existing controls under DCP 4 for the subject site need to be reviewed. As stated above, the current controls for the site were prepared in 1999 on the premise that the adjoining Amcor site would remain as an industrial site and therefore specific controls where implemented to minimise the impacts on any future residential development on the site. As Council has issued consent for a mixed use development on the Amcor site, the existing controls for the subject site should be reviewed to reflect the change in land use.

The proposed amendments to the DCP 4 for the subject site as submitted by McFadyen Architects Pty Ltd are however not supported as outlined below.

Building Height / Setbacks

The current DCP provides a range in building heights from 2 to 4 storeys. Buildings are to be built to street frontage with a 3 metre maximum setback from for façade articulation or balconies.

The building height in the DCP amendment is proposed to range from 7 to 13 storeys (refer to Appendix 2 for diagrams in draft DCP Amendment). The Forest Street edge is proposed to be defined by a 4 storey podium (similar to the Amcor site) with a 7 storey building setback from the street. A taller building is proposed on Hill Street, which rises to 13 storeys (ie 9 storeys above the 4 storey podium). The DCP amendment notes that this is an “indicative building height, architectural feature may protrude this envelop”. Buildings are proposed to be built to street frontage with a 2 metre setback for façade articulation to balconies.

The Design Review Panel has commented on the building heights for two previous pre-lodgement concept plans. The pre-lodgement plans lodged to the Panel on 3 March 2005, also proposed a 13 storey residential building. The Panels comment on the concept was:

The proposed “indicative building height” of 13 stories for the subject site is not considered acceptable by Council officers as it exceeds the 10 storey building heights approved on the Forest Road frontage for the Amcor site and also exceeds the height of the existing12 storey building on the corner of Forest Road and Hill Street (Site 26A). It is noted that an increase in the building heights currently identified in DCP 4 is supported by Council officers but not to the extent proposed by the applicant.

FSR / Density

DCP 4 currently provides for an FSR of 2:1.The amendment to the DCP proposes an FSR for the site of 5.2:1. The approved development on the Amcor site has an FSR of 2.646:1 and the development on the opposite corner on Forest Road/Hill Street (Site 26A) has a FSR of 5.6:1

The Design Review Panel report from 3 March 2005, provided comment on the pre-lodgement concept plans which proposed a FSR of 4.89:1 for the subject site. The Panel stated:

The points made by the Design Review Panel are supported by Council officers and as the amendment to DCP 4 seeks an even higher density than previously presented to the Panel, the increase in density is not considered appropriate. It is noted that an increase in the density from that in the current DCP is supported however the density proposed is not considered appropriate.

Water Main

A large water main crosses under the north western corner of the site, between Hill Street and Forest Road. The applicant has indicated that they have commenced discussions with Sydney Water regarding the relocation of the pipe. The development proposes to relocate the water main however no detail is provided in relation to the new location. The applicant will need to advise Council of the proposed relocation of the water main to enable review of the building envelopes for the site.

Hill Street Tavern Site (Site 27C)

The Hill Street Tavern site adjoins the subject site (Site 27A) and is located south of the subject site on Hill Street. The planning controls currently in DCP 4 are similar to Site 27A (FSR of 2:1 and building height of 2-3 storeys). These controls where also implemented on the premise that the adjoining Amcor site would remain as an industrial site and therefore specific controls where needed to minimise the impacts of the industrial development on any future residential development.

Should Council support a review of the planning controls for Site 27A – 105 Forest Road, it is recommended that the planning controls for Site 27C also be reviewed as this site adjoins Site 27A and the building form for each site should relate to each other.

Amcor Site (Site 27B)

Specific controls for the Amcor site were not originally included in DCP 4 as Amcor had always indicated to Council that light industrial operations would remain on the site. The existing controls for the site state that the height and FSR are to be negotiated with Council.

In November 2003 Council exhibited a draft DCP for the Amcor site which specified a building envelop for the site, a maximum FSR of 1.5:1 and a maximum height of 8 storeys. Prior to the DCP being put to a Council meeting a development application was lodged with Council.

As the Amcor site enjoys the benefits of existing use rights under the provisions of the EPA & Act 1979, the development application was assessed on its merits with all planning instruments (including the current and draft DCP 4) serving as guides only.

On this basis development consent was granted on 17 June 2004 for a mixed use residential/retail/commercial development comprising seven (7) buildings and basement parking including demolition of existing factory buildings and remediation of the site. The development ranges in height from 5 to 16 storeys and has an FSR of 2.646:1. Approval was given on 6 July 2005 for a Section 96 modification to the development.

As the provisions in the current DCP have not been finalised for the Amcor site since development consent was issued, it is recommended that should Council support a review of the planning controls for Sites 27A and 27C, that it would be timely for Council to finalise the controls for the Amcor site.

CONCLUSION

The proposed amendments to Site 27A (105 Forest Road) in DCP 4 submitted to Council by McFadyen Architects Pty Ltd are generally not supported by Council officers. The proposed amendments to the planning controls are significantly above those in the current DCP and those approved on the adjoining site. The proposed floor space (FSR) of 5.2:1 and building height of 13 storeys is not considered acceptable in context of the approved development on the Amcor site and existing building on the corner of Forest Road and Hill Street and the resulting bulk and scale of the development.

It is however recommended that Council support a review of the planning controls for Site 27A (105 Forest Road) and that at the same time the planning controls for Site 27C (Hill Street Tavern site) be reviewed and the controls for Site 27B (Amcor site) be finalised.


APPENDIX
Current DCP No 4 - Block 27 Planning Controls.pdf

Proposed Amendment to DCP No 4 - Site 27A Planning Controls.pdf

COMMITTEE RECOMMENDATION
THAT Council support a review of the current planning controls in Development Control Plan No.4 – Hurstville Town Centre for Site 27A (105 Forest Road), Site 27C (Hill Street Tavern site, Hill Street) and that as part of this review Council also finalise the planning controls for Site 27B (Amcor site).

THAT Council indicate that they do not support the proposed amendments to Development Control Plan No.4 – Hurstville Town Centre in relation to Site 27A (105 Forest Road) as submitted by McFadyen Architects Pty Ltd and consultants JBA Urban Planning Consultants, to Council.

FURTHER THAT the report and comments from the Design Review Panel of 6 October 2005 be circulated to Councillors once received by Council and that further discussions be held with Councillors in response to these comments and the review of the planning controls for Site 27A.
(Moved Clr S McMahon /Seconded Clr C Lee )
COUNCIL RESOLUTION
RESOLVED THAT Council support a review of the current planning controls in Development Control Plan No.4 – Hurstville Town Centre for Site 27A (105 Forest Road), Site 27C (Hill Street Tavern site, Hill Street) and that as part of this review Council also finalise the planning controls for Site 27B (Amcor site).

THAT Council indicate that they do not support the proposed amendments to Development Control Plan No.4 – Hurstville Town Centre in relation to Site 27A (105 Forest Road) as submitted by McFadyen Architects Pty Ltd and consultants JBA Urban Planning Consultants, to Council.

FURTHER, THAT the report and comments from the Design Review Panel of 6 October 2005 be circulated to Councillors once received by Council and that further discussions be held with Councillors in response to these comments and the review of the planning controls for Site 27A.
(Moved Clr S McMahon /Seconded Clr C Lee)