Director – Policy, Planning & Environment

Meeting Date: 01/02/2006

DAC001.01 - 06

6 WATERSIDE PARADE, PEAKHURST - ALTERATIONS AND ADDITIONS TO EXISTING DWELLING HOUSE

APPLICANT	Mr S G Taylor and Ms J Holt
PROPOSAL	Alterations and additions to existing dwelling house
ZONING	Zone 2 - Residential
APPLICABLE PLANNING INSTRUMENT/S	Hurstville Local Environmental Plan 1994, Code for Single Dwelling Houses
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE
OWNERS	Mr S G Taylor and Ms J Holt
EXISTING DEVELOPMENT	Single dwelling house
COST OF DEVELOPMENT	$100,000.00
REASON FOR REFERRAL TO COUNCIL	Letter of objection received
REPORT AUTHORS	Development Assessment Officer, Mr B Hick
FILE NO	DA 20050394

EXECUTIVE SUMMARY


1. The application seeks approval for alterations and additions to the existing dwelling house.

2. The proposal complies with the Code for Single Dwelling Houses with the exception of window location.

3. One (1) letter of objection has been received.


RECOMMENDATION


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

Code for Single Dwelling Houses	Standard	Proposed	Complies
Site area		644.2sqm
Width of site		Irregular but required to meet envelope standard
Clause 3.3.2	Envelope	To meet standard	Yes
Landscape area	55%	>60%	Yes
Height	9m max	8.6m	Yes
Building alignment	4.5m	4.5m and 9.5m	Yes
Solar access in mid winter	4hrs sunlight from 9.00am-3.00pm	4hrs sunlight	Yes
Privacy	Windows not to be opposite windows of adjoining property if less than 9m	Does not meet this standard	No (1)

Meeting Date: 01/02/2006

DAC001.02 - 06

67A YARRAN ROAD, OATLEY - SECTION 96 MODIFICATION TO APPLICATION

APPLICANT	Dina Papadopoulos
PROPOSAL	Section 96 modification to application
ZONING	Zone 2 - Residential
APPLICABLE PLANNING INSTRUMENT/S	Hurstville Local Environmental Plan 1994, Code for Single Dwelling Houses
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE
OWNERS	Mr and Mrs Papadopoulos
EXISTING DEVELOPMENT	Single dwelling house under construction
COST OF DEVELOPMENT	Nil
REASON FOR REFERRAL TO COUNCIL	Application seeks to modify a condition imposed by DAC
REPORT AUTHORS	Development Assessment Officer, Mr B Hick
FILE NO	DA 20010978REV01

EXECUTIVE SUMMARY


1. The Section 96 application seeks approval to modify one (1) condition from the development consent, which required a 1.7m high privacy screen to be erected on the northern end of the rear balcony at both levels. The applicant wishes to delete the reference to a screen required for the first floor balcony.

2. The original development consent was granted by the Development Assessment Committee subject to conditions on 3 April 2002.

3. One (1) objection was received in relation to this Section 96 modification.


RECOMMENDATION


THAT the application be refused in accordance with the reasons stated in the report.

“7. The Construction Certificate drawings being amended and noted to incorporate the following:

(a) Fixed privacy screens 1.7m high be erected on the northern end of the rear balconies at ground and first floor levels.”

Meeting Date: 01/02/2006

DAC001.03 - 06

11 HANNONS AVENUE, PEAKHURST - DEMOLITION OF EXISTING OUTBUILDINGS, AND ALTERATIONS AND ADDITIONS TO EXISTING DWELLING HOUSE

APPLICANT	Richard Coulthard and Wooin Kang
PROPOSAL	Demolition of existing outbuildings, and alterations and additions to existing dwelling house
ZONING	Zone 2 - Residential
APPLICABLE PLANNING INSTRUMENT/S	Hurstville Local Environmental Plan 1994, Code for Single Dwelling Houses, Code for the Erection of Outbuildings, Development Control Plan No 2 - Car Parking, Development Control Plan No 18 - Crime Prevention Through Environmental Design, Development Control Plan No 22 - Energy Efficiency, Development Control Plan No 28 - Swimming Pools and Spas
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE
OWNERS	Richard and Debby Coulthard
EXISTING DEVELOPMENT	Single dwelling house and outbuildings
COST OF DEVELOPMENT	$120,000.00 (corrected to $288,036.00)
REASON FOR REFERRAL TO COUNCIL	Non compliance with Code for Single Dwelling Houses
REPORT AUTHORS	Development Assessment Officer, Mrs A Aversa-Morassut
FILE NO	DA 20050252

EXECUTIVE SUMMARY


1. The proposed development involves demolition of existing outbuilding and alterations and additions to an existing dwelling house comprising additions to the existing ground floor and first floor addition.

2. With the exception of a minor encroachment to the building envelope, the proposed development complies with all relevant environmental planning instruments and policies.

3. The application was notified in accordance with Development Control Plan No 17 – Neighbour Notification and Advertising and no submissions were received.


RECOMMENDATION


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

a) The carport must be setback 900mm from the side boundary and the roof of the carport must be at least 675mm from the side boundary.

b) The roof cladding, ceiling lining and wall cladding must be constructed of non-combustible material.

c) The frame of the carport structure must be constructed of non-combustible material.

d) The roof space between the carport and the ground floor of the dwelling house must be divided at the junction with a wall clad in non-combustible material to retard the spread of fire from the carport to the dwelling.

e) The laundry window (W-03) must be deleted. The laundry window (W-03) must remain the same dimensions, however be relocated to the west elevation.

f) The dimensions of the carport must comply with Development Control Plan No 2 – Car Parking and AS/NZS 2890.1 2004.

g) The door leading between the carport into the ground floor laundry must be fire rated and comply with the Building Code of Australia.

a) Ceiling insulation minimum R3;
b) Hot water system/s must achieve a minimum score of 3.5 stars if a hot water system is being installed and/or replaced.
c) AAA rated water efficient shower heads, toilets and aerators on bathroom hand basins and kitchen sinks must be installed.

Meeting Date: 01/02/2006

DAC001.04 - 06

17 LIME KILN ROAD, LUGARNO - TORRENS TITLE SUBDIVISION INTO THREE LOTS

APPLICANT	Harrison Friedmann and Associates Pty Ltd
PROPOSAL	Torrens title subdivision into three lots
ZONING	Zone 2 - Residential, Foreshore Scenic Protection Area
APPLICABLE PLANNING INSTRUMENT/S	Hurstville Local Environmental Plan 1994, Development Control Plan No 30 - Subdivision
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE
OWNERS	ABH Holdings Pty Ltd, MA Harrison, FC Friedmann, P and DJ Harrison, GW and DL Lucas
EXISTING DEVELOPMENT	Dwelling house, garage and carport
COST OF DEVELOPMENT	Estimated at $20,000.00
REASON FOR REFERRAL TO COUNCIL	Council requirement for Torrens title subdivision in Peakhurst Ward to be referred
REPORT AUTHORS	Manager - Development Advice, Mr P Green and Manager - Development Control, Mr G Young
FILE NO	DA 20050577

EXECUTIVE SUMMARY


1. The application seeks Council approval to subdivide the existing lot into three lots. The access to the proposed rear two lots being via an access handle constructed along the northern boundary of the site.

2. The site contains forty seven (47) trees. It is proposed to retain twenty (20) trees including the most significant trees.

3. The proposed subdivision complies with the technical requirements specified in Council's Local Environmental Plan 1994, and Council's Development Control Plan No 30 - Subdivision.

4. No submissions received after the fourteen (14) day period of notification.


RECOMMENDATION


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

(a) the appearance of the proposed development from both the waterway and adjacent foreshore areas

Comment: The site is not visible from the waterway.

(b) the likely impact of the proposed development on views from adjoining properties and public places to the waterway and adjacent foreshore areas,

Comment: The site does not overlook a foreshore area and will not impact on views.

(c) the likely effect of the proposed development on the natural topography, natural rock formations, canopy vegetation, or any other significant vegetation,

Comment: A detailed report by an arborist has been submitted which makes acceptable recommendations regarding the retention of trees. The natural rock formation on site occur near to the street frontage and just behind the proposed boundary between Lots 101 and 102. Accordingly, these formations may be retained.

(d) the design of the proposed development and selection of materials and their impact on the character of the locality and landscaped open space on the site.

Comment: At this stage the proposal is for the subdivision of the land and construction of the driveway and is accordingly satisfactory.

Standard	Comply	Comment
2.1 LOT SIZE
2.1.2 Residential Zone No. 2 - Foreshore Scenic Protection Area
a) The minimum allotment size for the creation of a new allotment within the foreshore scenic protection area is 550sqm, and the allotment must have a width of at least 15 metres. This applies to an allotment with full street frontage.	YES	Proposed front Lot 101 Area is 651sqm Minimum width is 28.4m
b) The minimum battleaxe allotment size for a residential allotment in the foreshore scenic protection area is 650sqm, and the allotment must have a width of at least 15 metres	YES	Proposed rear Lot 102 Area is 650.1sqm. Width is 26.14m. Proposed rear Lot 103 Area is 650.5sqm. Width is 30.18m.
c) The width or area of any access corridor, accessway, right-of-carriageway or the like is not to be included in the calculation of the width or area of an allotment.	YES
d) The minimum width of any access corridor, accessway, right-of-carriageway or the like shall be 3 metres if vehicular access is required to the battleaxe allotment.	YES	The right-of-carriageway is to be constructed on the site prior to the release of the linen plan by Council. This may be conditioned.
g) Where vehicular access cannot be obtained, car parking is to be provided in a suitable location within the subdivision in accordance with Council’s DCP No 2 – Car Parking	N/A
e) Where the topography of a site requires separate pedestrian access or is only accessible by the use of an inclinator, an accessway with a minimum width of 2 metres is to be provided	N/A
2.2.3 Residential Zone No. 2 - Access Driveways
(b) Where three or more residential allotments use an access corridor, accessway, right-of-carriageway or the like: i. a 6 metre wide, 150mm thick reinforced concrete driveway, capable of carrying a variety of service vehicles, including fire engines, is to be provided from the street alignment to the building area. Alternatively, passing bays are to be provided at suitable locations; and ii. a 12 metre diameter turning circle, or appropriately designed “hammer head” or “T-turn” to Council’s Traffic Engineers’ satisfaction, full concrete construction, is required at a location which will suit all allotments; and iii. reciprocal right-of-way and easement for services should be shown; and iv. any access corridor, accessway, right-of-carriageway or the like is to be constructed prior to the release of the linen plan by Council.	N/A	The subdivision proposes only one residential allotment to use the access. Due to the nature of the site, the right-of-carriageway is to be constructed on the site prior to the release of the linen plan by Council. This may be conditioned.
(c) A maximum number of six (6) residential allotments can have access off an access corridor, accessway, right-of-carriageway or the like	N/A

2.3 UTILITIES AND SERVICES
2.3.1 Service Supply	YES	Appropriate conditions can be applied. It will be necessary for an easement for services to be created over Lot 103 to benefit Lot 102.
2.3.2 Waste Storage Areas	YES	Sufficient area available. Appropriate conditions can be applied.
2.4 DRAINAGE
2.4.1 General	YES	Appropriate conditions can be applied. It will be necessary for an easement to drain water to be created over the property to the rear for the disposal of all storm waters from the site.
2.4.2 Overland Flow Paths .	YES	Appropriate conditions can be applied.
2.4.3 Flow of Run-off Across Property Boundaries	YES	Appropriate conditions can be applied. The necessary drainage shall be designed by a hydraulics consultant.
2.5 DRIVEWAYS AND CAR PARKING
2.5.1 Car Parking
Requirements for car parking are: Dwelling house 1 space per 1 or 2 bedrooms 2 spaces for 3+ bedrooms	YES	Car spaces will be a provision with any application for the construction a new dwelling on any of the lots.
2.7 ISSUES FOR CONSIDERATION
2.7.1 Heritage	YES	N/A
2.7.2 Contribution Rates	YES	Appropriate conditions can be applied.
2.7.6 Site Management	YES	Water management plan can be required through conditions.

Social Impact

No impacts likely.

Economic Impact

No impacts likely.

Suitability of the Site

The site is considered suitable for the proposal.

The access handle to the rear lot is on a maximum grade of 17% which is considered reasonable.

The site is not located in a bushfire prone zone, not affected by acid sulphate soils nor is it likely to be contaminated. The site is not considered flood liable.

Stormwater

No stormwater details have been submitted, however a condition of approval is attached requiring disposal via an easement through the property at the rear to the stormwater system in Illawong Street.


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.

No objections were received regarding the proposal during the notification period

Council Referrals

Senior Environmental Health and Building Surveyor

Council’s Senior Environmental Health and Building Surveyor has given the following advice on the proposal.

The following are matters that require consideration pursuant to Section 79C of the Environmental Planning and Assessment Act 1979, and from a building point of view it is recommended that:

(a) Council’s Traffic Engineer to check and comment on the ramp profile and turning bay of the proposed carriageway for compliance with AS 2890.1.

(b) The carriageway and associated retaining walls, easement for drainage and services must be constructed prior to release of the linen plans. A Construction Certificate application must be submitted for the proposed works.

(c) Approval for demolition of the dwelling, garage and carport must be subject to standard demolition conditions.

(d) The site is covered by a substantial number of mature trees that will most likely be removed to allow construction of future dwellings on each lot. The application should be referred to Council’s Tree Management Officer to determine whether any of the trees on site are regarded as significant, and must be retained. The applicant should then be requested to submit a conceptual architectural plan, to determine whether the dwellings can be constructed without loss of the significant trees.

(e) Application should be referred to a Development Assessment Officer to comment on suitability of a future dwelling on each of the subdivided lots.

Tree Management Officer

Council’s Tree Management Officer has commented as follows on the proposal.

"The above site was inspected on 6 January 2006 following the submission of an Arbortist's report Ref: 1647 by Tree Wise Men Australia from the applicant.

Should Council support the application, I believe it would be reasonable to request that the report be adhered to in its entirety and detail as a condition of consent.

In particular, that a site arborist of minimum AQF level 3 be engaged to monitor on site work and to ensure that all matters addressed in the report are being actioned in accordance with it.

In addition, that all retained trees on the site be crown maintenance pruned in accordance with AS 4373 (1996) "Pruning of amenity trees" as a condition of consent."

1. Statement of Environmental Effects dated 18 October 2005 prepared by Harrison Friedmann and Associates Pty Ltd.

2. Harrison Friedmann and Associates Pty Ltd drawing dated 18 October 2005.

1. HCC DCP 30 – Subdivision (dated 26/10/4)
2. HCC DCP 2 – Car Parking (dated 12/8/99)
3. AS2890.1 (2004): Parking Facilities Part 1: Off-Street Car Parking

* Access driveway complies with Council Code.

* Driveway gradient complies with Australian Standards.

* Driveway to be referred to Council’s Vehicular Crossing Engineer for approval.”

Meeting Date: 01/02/2006

DAC001.05 - 06

30 LLEWELLYN STREET, OATLEY - TORRENS TITLE SUBDIVISION OF LAND INTO TWO LOTS AND RIGHT OF CARRIAGEWAY PARTLY ON ADJOINING PROPERTY

APPLICANT	Mr R Green
PROPOSAL	Torrens title subdivision of land into two lots and right of carriageway partly on adjoining property
ZONING	Zone 2 - Residential, Foreshore Scenic Protection Area
APPLICABLE PLANNING INSTRUMENT/S	Hurstville Local Environmental Plan 1994, Development Control Plan No 30 - Subdivision
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE
OWNERS	Mrs Jeanette Green and Mrs Kathleen Murray
EXISTING DEVELOPMENT	Dwelling houses, garage, carport and inground pool
COST OF DEVELOPMENT	To be assessed at $35,000.00
REASON FOR REFERRAL TO COUNCIL	Three submissions received
REPORT AUTHORS	Manager - Development Advice, Mr P Green and Manager - Development Control, Mr G Young
FILE NO	DA 20050430

EXECUTIVE SUMMARY


1. The application seeks Council approval to subdivide the existing lot into two lots. The access to the proposed rear lot being via a right of carriageway constructed partly on the adjoining property.

2. A development application has previously been approved for the subdivision of 30 Llewellyn Street (DA No 20040412, approved 3 March 2004). The proposed lot sizes in this current application are the same as the previously approved application, however the proposed access to the rear lot now crosses partially over the property adjoining to the north (28 Llewellyn Street).

3. The proposed subdivision complies with the technical requirements specified in Hurstville Local Environmental Plan 1994, and Council's Development Control Plan No 30 - Subdivision.


RECOMMENDATION


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

(a) it has appropriately considered the appearance of the development from both the waterway and adjacent foreshore areas,

Comment: The proposed development does not include the erection of structures on the land except the construction of the driveway at the front of the site. Council’s controls for single dwellings would be required to be applied in the assessment of any new dwellings. The site is barely visible from the waterway due to significant screening by mangroves.

(b) the development will not cause any pollution or siltation of the waterway,

Comment: No significant impact considered likely subject to appropriate controls.

(c) the development will not have any adverse effects on surrounding uses, marine habitats, wetland areas or flora and fauna habitats

Comment: No significant impact considered likely subject to appropriate controls.

(d) the development will not cause significant runoff, and will not result in inappropriate and excessive excavation or have an adverse effect on drainage patterns,

Comment: The proposed development does not include the erection of structures on the land. Any future development would be subject to appropriate controls. Appropriate controls could be applied to earthworks associated with any subdivision of the site.

(e) the development will not cause congestion of, or generate conflicts between, people using open space areas or the waterway (or both),

Comment: No significant impact considered likely.

(f) the development will not adversely affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of any heritage item, or any other building, work, area or place relating to the environmental heritage on or forming part of the land, or on or forming part of surrounding land, and

Comment: No impacts likely.

(g) the development will not adversely affect the natural topography, any natural rock formations or significant vegetation located on or adjoining the land.

Comment: The proposed development establishes sites for the future development and redevelopment of dwellings. Council’s controls for single dwellings would be required to be applied in the assessment of any new dwellings.

(a) the appearance of the proposed development from both the waterway and adjacent foreshore areas,

Comment: see comments to Clause 19(A)(a).

(b) the likely impact of the proposed development on views from adjoining properties and public places to the waterway and adjacent foreshore areas,

Comment: see comments to Clause 19(A)(a).

(c) the likely effect of the proposed development on the natural topography, natural rock formations, canopy vegetation, or any other significant vegetation,

Comment: see comments to Clause 19(A)(g).

(d) the design of the proposed development and selection of materials and their impact on the character of the locality and landscaped open space on the site.

Comment: see comments to Clause 19(A)(a).

Standard	Comply	Comment
2.1 LOT SIZE
2.1.2 Residential Zone No. 2 - Foreshore Scenic Protection Area
a) The minimum allotment size for the creation of a new allotment within the Foreshore Scenic Protection Area is 550sqm, and the allotment must have a width of at least 15 metres. This applies to an allotment with full street frontage.	YES	Proposed front Lot 1 Total area is 679.9sqm (597sqm excluding the access handle). Minimum width is 17.115m excluding the access handle.
(b) The minimum battleaxe allotment size for a residential allotment in the Foreshore Scenic Protection Area is 650sqm, and the allotment must have a width of at least 15 metres.	YES	Proposed rear Lot 2 Area is 877sqm. Width is 20.115m.
c) The width or area of any access corridor, accessway, right-of-carriageway or the like is not to be included in the calculation of the width or area of an allotment.	YES
d) The minimum width of any access corridor, accessway, right-of-carriageway or the like shall be 3 metres if vehicular access is required to the battleaxe allotment.	YES	The right-of-carriageway is to be constructed on the site prior to the release of the linen plan by Council. This may be conditioned.
(g) Where vehicular access cannot be obtained, car parking is to be provided in a suitable location within the subdivision in accordance with Council’s DCP No 2 – Car Parking.	N/A
(e) Where the topography of a site requires separate pedestrian access or is only accessible by the use of an inclinator, an accessway with a minimum width of 2 metres is to be provided.	N/A
2.2.3 Residential Zone No. 2 - Access Driveways
(b) Where three or more residential allotments use an access corridor, accessway, right-of-carriageway or the like: i. a 6 metre wide, 150mm thick reinforced concrete driveway, capable of carrying a variety of service vehicles, including fire engines, is to be provided from the street alignment to the building area. Alternatively, passing bays are to be provided at suitable locations; and ii. a 12 metre diameter turning circle, or appropriately designed “hammer head” or “T-turn” to Council’s Traffic Engineers’ satisfaction, full concrete construction, is required at a location which will suit all allotments; and iii. reciprocal right-of-way and easement for services should be shown; and iv. any access corridor, accessway, right-of-carriageway or the like is to be constructed prior to the release of the linen plan by Council.	N/A	The subdivision proposes only one residential allotment to use the access. Due to the nature of the site, the right-of-carriageway is to be constructed on the site prior to the release of the linen plan by Council. This may be conditioned.
c) A maximum number of six (6) residential allotments can have access off an access corridor, accessway, right-of-carriageway or the like.	N/A

2.3 UTILITIES AND SERVICES
2.3.1 Service Supply	YES	Appropriate conditions can be applied. It will be necessary for an easement for services to be created over Lot 1 to benefit Lot 2.
2.3.2 Waste Storage Areas	YES	Sufficient area available. Appropriate conditions can be applied.
2.4 DRAINAGE
2.4.1 General	YES	Appropriate conditions can be applied. It will be necessary for an easement to drain water to be created over Lot 2 to benefit Lot 1.
2.4.2 Overland Flow Paths .	YES	Appropriate conditions can be applied. It will be necessary for an easement to drain water to be created over Lot 2 to benefit Lot 1.
2.4.3 Flow of Run-off Across Property Boundaries	YES	Appropriate conditions can be applied. The necessary drainage shall be designed by a hydraulics consultant.
2.5 DRIVEWAYS AND CAR PARKING
2.5.1 Car Parking
Requirements for car parking are: Dwelling house 1 space per 1 or 2 bedrooms 2 spaces for 3+ bedrooms	YES	Car spaces provided for on proposed plans.
2.7 ISSUES FOR CONSIDERATION
2.7.1 Heritage	YES	N/A
2.7.2 Contribution Rates	YES	Appropriate conditions applied.
2.7.6 Site Management	YES	Site management plan is required through conditions.

a) The retaining walls are shown on both sides of the proposed driveway but not the actual extent. The statement of intent says a suspended slab in the area of the gum tree roots. There is no detail shown.
b) A typical cross section of the proposed access is required. 25% grade is the maximum grade allowed by the Australian Standards.

The cross sections are not well enough developed to determine the effect on adjoining properties. Cross sections at a scale of 1:50 or 1:20 of the driveway are required.
c) The impact of this driveway and retaining wall support is to be approved by a practicing structural engineer, relating to the existing sandstone dry packed walls and retaining wall on the front Llewellyn Street area.
d) Comments on street landscape of trees should be provided by Tree Management Officers (see above).

* Driveway width complies with Council’s Code.

* Driveway gradient complies with Australian Standards.

- Daily vehicle trips = 9 per dwelling
- Weekday peak hour vehicle trips – 0.85 per dwelling

* Proposed subdivision has minimal impact on the local road network.

i) An easement for services, right of carriageway over the front proposed Lot 1 to benefit Lot 2. This easement should include specific terms relating to the maintenance of any structures erected on the site of the easement. An easement to stand a letterbox and contain a water/gas meter clear of the driveway shall also be created.
ii) An easement to drain water 1 metre wide over the proposed rear Lot 2 to allow all storm waters from the proposed front Lot 1 and the driveway to drain to the Gungah Bay.

iii) A right of carriageway over Lot 34, DP 5510 to benefit proposed Lot 2.

Open Space	$8,169.00
Community Services	$5,445.00
Management	$401.53
Library – Infrastructure	$2,772.00
Library – Bookstock	$15.61

Meeting Date: 01/02/2006

DAC001.06 - 06

56 MARINE DRIVE, OATLEY - SECTION 96 MODIFICATION APPLICATION TO MODIFY CONSENT CONDITION

APPLICANT	Mr G and Mrs B White
PROPOSAL	Section 96 modification application to modify consent condition
ZONING	Zone 2 - Residential
APPLICABLE PLANNING INSTRUMENT/S	Hurstville Local Environmental Plan 1994, Development Control Plan No 30 - Subdivision
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE
OWNERS	Mr G and Mrs B White
EXISTING DEVELOPMENT	Two storey dwelling house, garage and boatshed
COST OF DEVELOPMENT	Nil
REASON FOR REFERRAL TO COUNCIL	Objections received
REPORT AUTHORS	Planning Consultant, Mr D Broyd, of David Broyd Consulting Services Pty Ltd
FILE NO	DA 20040205REV01

EXECUTIVE SUMMARY

1. This Section 96 Modification application seeking to amend the condition concerning parking provision for the approved two (2) lot subdivision at 56 Marine Drive, Oatley.

2. The report has been prepared by independent Planning Consultant - David Broyd (David Broyd Consulting Services Pty Ltd) because the applicant provides contracted services to Council as a golf professional.

3. Consent for the subdivision of one (1) lot at 56 Marine Drive into two (2) was issued on 12 October 2004 following decision at the Development Assessment Committee of 5 October 2004. One (1) consent condition requires the lodgement of a separate development application for the construction of the four (4) car parking spaces (two (2) spaces per lot) and for the construction to be completed prior to release of subdivision certificate.

4. The modification application seeks to confirm provision of the four (4) spaces (two (2) per lot) and secure the construction by Bank Guarantee rather than construct before issue of the Subdivision Certificate – with accompanying drawings for parking spaces rather than garages.

5. Means of achieving a modified approach to providing the car parking are recommended after the assessment of this application.


RECOMMENDATION

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

“8. A separate development application for the approval of the construction of the four car parking spaces at the front of the site shall be lodged with Council. This structure shall provide for two car spaces for each lot which together will have a clear width of 5.7m and a minimum length of 5.5m.

The construction of the four car parking spaces must be completed prior to the release of the linen plan of subdivision.”

The construction of the four car parking spaces must be completed prior to the release of the linen plan of subdivision.”

“1. The development will create one new allotment on the land and the new allotment, Lot 2, would comply with the 15m width standard;
2. The non-compliance with the Width standard only relates to the portion of the existing allotment that accommodates the existing dwelling house;
3. The new allotment 1 will not create an allotment for the erection of a dwelling house as the existing dwelling house is to be retained;
4. The minimum allotment width non-compliance does not adversely impact on the amenity of adjoining properties due to the sympathetic design of the existing dwelling house; and
5. The proposal is sympathetic to the surrounding built forms and the width non-compliance does not result in significant adverse impacts on the locality”.

It is contended that the proposed subdivision will enable the development of the land in accordance with the intent of the HLEP94 whilst also being complimentary to the existing streetscape. Hence, the proposal’s non-compliance with the standard in this instance would still appear to achieve compliance with the intent of Clause 11 of HLEP94, SEPP1, and the Environmental Planning and Assessment Act, 1979.”

“The subject development entails the following:
* Re-subdivision of the existing three (3) allotments into two (2); and
* Identification of potential footprints for:
- Garages at street level to service the two allotments; and
- Potential dwelling house location for the new allotment 2.
* The proposed subdivision will create two allotments as follows:
- Lot 1 fronting Marine Drive, accommodating the existing dwelling and having an area of 632.4sqm. This allotment is proposed to be burdened be an easement which provides pedestrian access to proposed Lot 2 as well as a garaging platform for both dwellings;
- Lot 2, having access to Marine Drive via an easement for services, with an area of 1075sqm, and retaining the Georges River frontage.
* Proposed to retain the existing boat shed and jetty currently located off proposed Lot 2 and the garden terracing would only be removed in order to construct a dwelling.

The standard proposed to be varied relates to the minimum allotment width required for new dwellings within the Residential zone under HLEP94. The required width is 15 metres.

The variation relates to a non-compliance with this standard for proposed allotment 1, which would accommodate the original dwelling house, as it has a width of between 12.1m and 16m, being a variable allotment. It is contended that the proposal as submitted complies with this standard and that a SEPP1 Objection is not necessary as the existing dwelling house is to be retained on the under width allotment. Hence, the 15m standard is not applied as there is no proposal to construct a dwelling house. This results in a 20% variation of the standard at the front boundary. Hence the allotment width sought for the proposal is 11.93m.”

Comment: The development is for the subdivision of the land only.

Comment: Siltation controls will be in place during any construction. The construction of any future dwelling will be subject to a future approval by Council.

Comment: This is not applicable to this proposal.

Comment: No significant runoff, excessive excavation or change in drainage pattern will result.

Comment: This is not applicable to the proposal.

Comment: The proposal will not adversely affect any of the above.

Comment: The site has been landscaped with tiered levels and retaining walls. No adverse affects will result to natural topography or significant vegetation from the proposal.

a) the appearance of the proposed development from both the waterway and adjacent foreshore areas;

Comment: The development is for the subdivision of the land only. A separate application for the erection of any structures must be approved by Council.

b) the likely impact of the proposed development on views from adjoining properties and public places to the waterway and adjacent foreshore areas;

Comment: Any future construction will require a separate development application. The likely impact of view may be considered during the assessment.

c) the likely effect of the proposed development on the natural topography, natural rock formations, canopy vegetation, or any other significant vegetation;

Comment: The existing site has been landscaped with tiered levels and retaining walls. No adverse affects will result to natural topography or vegetation from the proposal.

d) the design of the proposed development and selection of materials and their impact on the character of the locality and landscaped open space on the site.

Comment: This is not applicable to the proposal as it is for the subdivision of the land only.

“No objection subject to Development Application conditions as may be specified.”

“The traffic and road safety assessment is made for DA205/04 (56 Marine Drive, Oatley) with reference to the following documents received on the 23 April 2004:
1. Statement of Environmental Effects” by CSK Planning and Associates dated March 2004; and
2. William L. Backhouse Pty Ltd drawing CH3748.003 Sheet 1 of 1.

This development has been assessed with reference to the following guidelines:
1. AS2890.1 (1993): Parking Facilities Part 1: Off-street Car Parking
2. Hurstville City Council DCP No 2: Car Parking (Adopted August 1999)
3. Hurstville City Council DCP No 11: Dual Occupancy Housing (Adopted March 2004)

A. Outline of Proposal

This proposal includes the re-subdivision of the existing three (3) allotments into two (2), and the identification of potential footprints for the garages and new dwelling.

B. Off-Street Parking

Council Code states that for a dual occupancy, one (1) garage per plus one (1) driveway space per dwelling must be provided.

Drawings indicate that a double carport is proposed for each dwelling – this complies with Council Code.

* Sufficient off-street parking has been provided.

C. Off-Street Parking Dimensions

Council Code states that for an open parking space dimensions must be 2.5m (wide) by 5.5m in length. Drawings illustrate that the dimensions of the proposed double carports do not comply with Council Code.

* Carport dimensions do not comply with Council Code.

D. Traffic Generation

The RTA Guide to Traffic Generating Developments (1994) states that for dwelling houses, the following rates apply:
a. Daily vehicle trips = 9 per dwelling
b. Weekday peak hour vehicle trips – 0.85 per dwelling

This translates to an increase of 9 daily vehicle trips per day or 0.85 weekday peak hour vehicle trips. These rates are deemed to have a negligible impact on the local road network.

* Development has minimal impact on the local road network.

Summary

1) Off-street parking is provided in accordance with Council requirements.

2) Dimensions for proposed double carports do not comply with Council requirements.

3) Proposed subdivision has a minimal impact on the local road network.”

“No significant street trees.

No significant trees on proposed development area.

No significant trees in proposed car park area.”

The construction of the four car parking spaces must be completed prior to the release of the linen plan of subdivision.

2. In order to certify that detailed construction plan and specifications are in accordance with the requirements of the development consent and Council standards, the applicant shall obtain a Construction Certificate prior to the commencement of any works.

3. All stormwaters from the existing front dwelling on the proposed front lot are piped to the Georges River through the proposed rear lot. An easement to drain water shall be created on the subdivision plan by Section 88B of the Conveyancing Act to accommodate this pipeline.

A 600mm by 600mm square grated surface inlet pit shall be installed in the existing pipe system and any future drainage system on the site.

This pit shall have a 300mm deep sump in the base and an RH3030 galvanised maximesh litter screen installed over the outlet.

The installation of this pit for the existing drainage system for the front lot shall be done by a suitably qualified plumber or drainer prior to the release of the linen plans from Council.

4. The subdivision plan shall create by Section 88B of The Conveyancing Act the following:

i) An easement for services and access generally 1.3 metre wide partially along the western boundary of proposed Lot 1 from the front parking areas to the common boundary of proposed Lots 1 and 2. This easement should be widened at the rear of the proposed parking area to accommodate the existing access steps and specific terms should be included in regards to any overhanging structures encroaching upon the site of the easement.
ii) An easement to drain water over the proposed rear Lot 2 to allow all stormwaters from the proposed front Lot 1 to drain to the Georges River.

5. Payment of Section 94 contributions of:



Open Space	$9,463.00
Community Services	$5,246.00
Management	$386.86
Library – Infrastructure	$2,671.00
Library – Bookstock	$15.13

6. Standard subdivision conditions as approved by Council.

7. No approval is expressed or implied to the indicative footprint for the future dwelling. The future dwelling will be required to comply with the foreshore building line of 15m and be sited to comply with boundary setbacks and height requirements at the time approval is sought from Council.

APPROVAL – These conditions have been imposed to ensure that the development is carried out in accordance with statute laws and with this development consent, having regard to the environmental circumstances of the site.

SCHEDULE OF PLANS	AND DETAILS
Drawing No.	Date	Description	Prepared by
CH3748.003	Feb 2004	Plan of Proposed Subdivision No. 56 Marine Drive, Oatley	William L. Backhouse Pty Ltd
Sketch Plan No. 1	05.02	Proposed Car Parking for Site Subdivision	Geoffrey Le Sueur Architects

PAYMENT OF SECTION 94 CONTRIBUTIONS – These conditions have been imposed on the basis that the proposed development will create additional demand on facilities, infrastructure and services within the City and that the development should contribute towards the cost of these facilities and to ensure that funds can meet the cost of these facilities, that contributions be updated quarterly in accordance with the Consumer Price Index rate.

The contribution is based on the criteria that any development which results in a nett increase in the City’s population will create demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The total Section 94 Open Space and Community Recreation Facilities contribution required is $9463.00.

The contribution is based on the criteria that any development which results in a nett gain of people living in the City or a change in the population structure will create extra demand on community services and facilities.

The total Section 94 Community Services and Facilities contribution required is $5246.00.

The contribution is based on the criteria that the significant costs to Council associated with Section 94 Planning and Management are a direct measurable consequence of the approved development. Therefore it is appropriate to seek to partly offset these costs from the development.

The total Section 94 Management contribution required is $386.86.

The contribution is based on the premise that any development which results in a nett increase in the City’s population will create extra demand on Council’s library and information services provision. Furthermore, any such development will also generate an additional demand for the acquisition of library bookstock.

(a) the contribution rate for residential development is $ 2671.00.

(b) the bookstock acquisition contribution for residential development is $15.13.

The total Section 94 Library and Information Services contribution required is $2686.13.

The construction of the four car parking spaces must be completed prior to the release of the linen plan of subdivision.

The installation of this pit for the existing drainage system for the front lot shall be done by a suitably qualified plumber or drainer prior to the release of the linen plans from Council.

The proposed Lot 1 shall be a minimum area of 550sqm.

The area of any Easements for Access, Right of Carriageway or Parking shall not be included in the calculation of the area for any proposed lot.

The front parking area for each lot can then be included as site area in each individual lot.

a) a 1.0 metre minimum wide easement for stormwater pipes, and

b) a service to have a 300mm minimum wide easement created and registered over it.

Note: These easements are to be created by Section 88B of the Conveyancing Act on the final linen plan.

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Co-ordinator – for details see Customer Service, e-Developer (Urban Development) at www.sydneywater.com.au or telephone 13 20 92.

Following application, a ‘Notice of Requirements” will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time-consuming and may impact on other services and building, driveway or landscape design.

The Section 73 Certificate must be submitted to the Principal Certifying Authority/Council prior to release of the linen plan of subdivision.

To obtain a Subdivision Certificate, you must complete an application form for a Subdivision Certificate, pay the appropriate fee and submit the form together with any relevant plans and documentation for approval from Council.

“* The modification of condition 8 does not alter the nature of the development but only a development requirement for the future development of the site, which more correctly should have been addressed when, and if, a future application had been lodged for a housing development;
* The modification of condition 8 does not seek the removal of the requirement for car parking spaces to be provided but simply proposes to vary the manner in which they are to be provided;
* The provision for car parking was not part of the original subdivision application and was a Council requirement in order to resolve possible future disputes over redevelopment of the proposed allotments;
* The modification maintains the requirement for car parking on site but seeks the removal of the requirement for a separate DA and the need to construct the car park spaces to release of linen plan of subdivision as:
a) Lodgement of a car park space layout can be provided and approved in principle by Council conditionally as part of the original subdivision;
b) The construction of the spaces can be secured by way of a Bankers Guarantee rather than outright construction and still ensure that the car parking will be provided on site; and
c) Public comment on the provision of a platform, rather than a bulky garage, for car parking is not necessary as it would not directly impact on public amenity, through view loss or the like, and would most likely improve views here the existing garage is removed.”

* The report author has proposed a covenant on title for Lot 2 that binds the current owner and successive owners to include car parking spaces concurrently, or prior to, any development application for a dwelling generally in accordance with the drawings submitted with the Section 96.
* The finalisation of the subdivision in accordance with red markings placed on the drawings but a legal approach that enables retention of the sandstone garage and its minor encroachment onto Lot 1 pending the issue of a Construction Certificate for the car parking spaces that necessitate its removal.
* The contingencies being covered of purchase of both lots by the same purchaser and no development application for a dwelling on Lot 2 being submitted, and therefore retention of the sandstone garage, for an extensive period.
* The need to potentially consult Council’s lawyer to finalise the amended condition.
* Some non-acceptance by the applicants of a Bank Guarantee but the view of the report author that this should be retained to ensure cost effective implementation of the condition by Council.

a) The subdivision is to be finalised by plans submitted with the Construction Certificate in accordance with the red markings on drawings 6905/114 and 6905/115 attached to this consent modification.

b) The applicant submit draft wording with the Construction Certificate for a covenant on Lot 2 under Section 88(E) of the Conveyancing Act that requires the owner and successive owners to include plans for the construction of car parking spaces with any Development Application for a dwelling for Lot 2. Those plans are to be generally in accordance with drawings 6905/114 and 6905/115 submitted by Geoffrey Le Sueur with the application for consent modification.

c) The applicant is to lodge draft wording for an easement that enables encroachment of the existing garage onto Lot 2 in favour of Lot 1 pending its demolition in accordance with this condition.

d) In the event that a Construction Certificate is issued by Council for the construction of car parking spaces which require removal of the garage, the existing garage shall be demolished, the car parking constructed immediately or the slab on which it currently stands retained to Council’s satisfaction (structurally, functionally and aesthetically).

e) Car parking for Lot 1 shall be detailed in the Construction Certificate application generally in accordance with drawings 6905/114 and 6905/115 submitted by Geoffrey Le Sueur with the application for consent modification., approved by Council and constructed to Council’s satisfaction if, and when, the garage is demolished in accordance with the terms of this condition. The applicant shall submit draft wording for a positive covenant to be established under Section 88(E) of the Conveyancing Act on Lot 1 and this covenant will be finalised prior to issue of the Subdivision Certificate.

f) The Right of Carriageway is to be established under the slab for car parking based upon an AHD level for the underside of the slab certified by a qualified surveyor as part of the Subdivision Certificate.

g) A Bank Guarantee be submitted by the applicant and accepted by Council prior to the issue of the Subdivision Certificate to ensure that the car parking for Lot 1 is constructed in accordance with this condition. The value of the Bank Guarantee to be based upon the formal quotation of a Quantity Surveyor/Building Contractor endorsed by Council plus a contingency of 20%. The Bank Guarantee shall be renewed and indexed annually for the construction of the car parking for Lot 1. Council will implement the works for car parking provision for Lot 1 by utilising the Bank Guarantee in the event of the owner of Lot 1 does not apply to implement car parking in accordance with this condition - or alternative approved by Council at the time of issue of a Construction Certificate. The Bank Guarantee shall lapse concurrently with the expiry of this Consent if not discontinued or utilised in accordance with this condition.

h) By amending Condition 2 Approved Plans to:

* Make reference to drawings 6905/114 and 6905/115 “Proposed Podium for Car Parking” in place of the sketch plan no.1 “Proposed Car Parking for the Site Subdivision” (February 2002) submitted for the original application.

Meeting Date: 01/02/2006

DAC002.01 - 06

38 SCOTT STREET, MORTDALE - UNAUTHORISED OUTBUILDING TO REAR OF PREMISES

APPLICANT	Tome Lasovski
PROPOSAL	Unauthorised outbuilding to rear of premises
ZONING	Zone 2 - Residential
APPLICABLE PLANNING INSTRUMENT/S	Hurstville Local Environmental Plan 1994, Code for Single Dwelling Houses, Code for the Erection of Outbuildings, Development Control Plan No 14 - Exempt and Complying Development
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE
OWNERS	Tome Lasovski
EXISTING DEVELOPMENT	Dwelling house under construction
COST OF DEVELOPMENT	$18,000.00
REASON FOR REFERRAL TO COUNCIL	Unauthorised development and neighbour objections
REPORT AUTHORS	Environmental Health and Building Surveyor, Mr M Alexander
FILE NO	05/1081, DA 20010154

EXECUTIVE SUMMARY


1. The report relates to the unauthorised construction of a brick outbuilding to the rear of 38 Scott Street, Mortdale. The matter was previously referred to the Development Assessment Committee on 7 September 2005.

2. This report provides an assessment of the executed works with respect to the requirements of Council's Code for Single Dwelling Houses, Code for the Erection of Outbuildings, and Development Control Plan No 14 - Exempt and Complying Development.

3. Three (3) submissions were received during the neighbour notification period.


RECOMMENDATION


THAT Council allow the brick outbuilding, retaining wall and fill to remain, subject to alterations to the structures being carried out. The works to be subject to a sixty (60) day time frame and failure to carry out the works, resulting in the service of an Order.

FURTHER THAT, the owner of the premises be issued a Penalty Infringement Notice.

Code for Single Dwelling Houses	Standard	Proposed	Complies
Site Area		760sqm
Site Dimensions		17.68m x 42.98m/43.03m
Landscape Open Space	50% (380sqm)	50.1% (381.45sqm)	Yes

Meeting Date: 01/02/2006

DAC003.01 - 06

112 DORA STREET, HURSTVILLE - SECTION 96 MODIFICATION FOR ALTERATIONS AND ADDITIONS TO DETACHED DUAL OCCUPANCY

APPLICANT	Mr Robert Sciacca
PROPOSAL	Section 96 modification for alterations and additions to detached dual occupancy
ZONING	Zone 2 - Residential
APPLICABLE PLANNING INSTRUMENT/S	Hurstville Local Environmental Plan 1994 (as amended), Development Control Plan No 11 - Dual Occupancy Housing, Development Control Plan No 2 - Car Parking, Fences Adjacent to Public Roads Code
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USE
OWNERS	Mr Robert Sciacca
EXISTING DEVELOPMENT	Single storey dwelling house
COST OF DEVELOPMENT	$310,000.00
REASON FOR REFERRAL TO COUNCIL	Two (2) objection letters received and variation to height of front fence
REPORT AUTHORS	Manager - Development Control, Mr G Young and Development Assessment Officer, Mrs A Aversa-Morrasut
FILE NO	DA 20030852REV02

EXECUTIVE SUMMARY


1. The Section 96 modification involves a number of internal and external alterations to the approved dual occupancy to improve the form and scale of the development, make internal layouts more efficient and correct general drafting mistakes throughout the application plans.

2. The Land and Environment Court (LEC) approved the dual occupancy development on 2 May 2004 following Council's refusal of the application at its meeting on the 11 February 2004.

3. With the exception of the height of the fence, the proposed modifications comply with Development Control Plan No 11 - Dual Occupancy Housing and Development Control Plan No 2 - Car Parking.

4. The original and amended plans were publicly notified. A total of two (2) objections were received from the owner and resident of 10 Joan Street.

5. The application was deferred at Development Assessment Committee meeting of 7 December 2005 for inspection and report by Ward and interested Councillors. The arranged inspection on 13 December 2005 did not take place due to time constriants. However, a further meeting was held between Manager - Development Control and the objector to explain the amendments and the development process.


RECOMMENDATION


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

* An overall reduction in gross floor area;
* Reduction in overall ridge height;
* Correction of errors on architectural plans which would have resulted in issues during construction